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HomeMy WebLinkAboutCC 2004-12-13 Agendas• • CITY OF NORTH RICHLAND HILLS PRE - COUNCIL AGENDA DECEMBER 13, 2004 — 5:40 P.M. For the Meeting conducted at the North Richland Hills City Hall - Pre - Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular December 13, 2004 City Council Meeting 5 Minutes 2. Discuss Statement of Principles for the Implementation of a Regional Rail System in North Central Texas — Presented by Commissioner Glenn Whitley (Agenda Item No. 15) (15 Minutes) 3. IR 2004 -119 Presentation by Dan Quinto regarding Conceptual HomeTown Commercial Core Develo ment 10 Minutes 4. IR 2004 -118 NRH2O 2004 Season Report & Strategic Plan Proposal (25 Minutes 5. *Executive Session — The Council may enter into closed Executive Session as Authorized by §551.071: Consultation with Attorney to Seek Advice about Pending Litigation: McEntire v. City of North Richland Hills [6. Adjournment POSTED Va I loley Date i 0 V.M Time City Secretary 12/13/04 j, L� V-� S,-/ City Council Agenda By Page 1 of 5 • .7 • CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA DECEMBER 13, 2004 — 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and /or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817 - 427 -6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1 Call to Order 2• Invocation — Mayor Pro Tern Whitson 3. Pledge — Mayor Pro Tern Whitson 4. Special Presentations Award of Christmas Light Winners - Kathy Luppy, Keep North Richland Hills Beautiful Commission IR 2004 -121 Presentation to United Way by the Chairman of City Employees 2004 United Way Campaign - Adrien Pekurne 5. Citizens Presentation 6. Removal of Item(s) from the Consent Agenda 12/13/04 City Council Agenda Page 2 of 5 • • • NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the November 08, 2004 Agenda Council Meeting AP 2004 -02 b. Consideration of a Request from B. H. & L. Joint Venture to Approve the Amended Plat of Lots 1 -21, Block 1 Forest Glenn North (Located in the 8400 Block of Park Brook Court and Spence Court - 10.00 acres) AP 2004 -03 C. Consideration of a Request from J & J NRH 100 FLP to Approve the Amended Plat of Lots 53 -65, Block 1 and Lots 1 -9, Block 11 Brandonwood Estates Phase III Addition (Located in the 7700 Block of Barfields Way and the 8400 Block of Johns Way - 6.700 acres) GN 2004 -106 d. Authorize City Manager to Execute an Interlocal Agreement for the North Texas Virtual Reference Library Consortium - Resolution No. 2004 -076 GN 2004 -107 e. Set Date for Public Hearing for Comprehensive Land Use Plan, Impact Fee CIP Program and Impact Fees PU 2004 -045 f. Award Bid for Police Motorcycles to Texas Harley- Davidson In the Amount of $131,456 PW 2004 -017 9• Approve City - Developer Agreement with RIF 102, L.L.C. for CIP Water System Improvements Located in Brentwood Estates Addition, Block 5, Lots 1 -4 — Resolution No. 2004 -077 PW 2004 -018 h. Approve Change Order #1 to the Holiday West Channel Improvement and Riviera Erosion Improvement Projects PW 2004 -019 i• Award of Bid for the Rufe Snow Drive at Bursey Road Traffic Signal Light Installation to Sharrock Electric, Inc. in the Amount of $79,573.11 12/13/04 City Council Agenda Page 3 of 5 • • NUMBER ITEM ACTION TAKEN 8. SUP 2004 -03 Public Hearing and Consideration of a Request from Mike Clark, Representing United Farris Realty Inc., for a Special Use Permit (SUP) to Build a NTB Retail Tire Store (Located at 8509 Precinct Line Road - 1.085 acres) - Ordinance No. 2812 9. SUP 2004 -04 Public Hearing and Consideration of an Appeal Request from Edward Moore for a Special Use Permit (SUP) to Build a Goodyear Retail Tire Store and Minor Auto Repair (Located in the 8500 block of Davis Boulevard - 1.312 acres) - Ordinance No. 2813 Denied by the Planning and Zoning Commission on November 18, 2004 10. ZC 2004 -08 Public Hearing and Consideration of a Request from Dwight and Linda Manning and Scott Wood for a Zoning Change from "R3" Residential to "R -1 -S" Special Single Family (Located at 8048 and 8100 Green Valley - 4.082 acre) - Ordinance No. 2814 11. GN 2004 -044 Continuation of Public Hearing Regarding Charter Communications Cable Franchise Renewal 12. GN 2004 -105 Authorize the City Manager to Execute a Professional Services Contract with William L. Haralson & Associates, Inc. for the Preparation of a Comprehensive Strategic Plan for NRH2O Family Water ark - Resolution No. 2004 -075 13. GN 2004 -108 Approval of Changes to Compensation Plan 14. GN 2004 -109 Consider Recommendation of the Naming Board Regarding the New Fire Station No. 1 Community Room - Resolution No. 2004 -080 15. GN 2004 -110 Approve Resolution Supporting a Statement of Principles for the Implementation of a Regional Rail System in North Central Texas — Resolution No. 2004 -079 12/13/04 City Council Agenda Page 4 of 5 • • 0 NUMBER ITEM ACTION TAKEN 16. PW 2004 -020 Approve Mechanic's Lien Contract for Public Improvements for the Construction of Street, Drainage, Sidewalk and Driveway Improvements for Cooley Addition, Block 1, Lot 1 — Resolution No. 2004 -078 17. GN 2004 -111 Consider Action on Resignation of Frank Metts, Jr. from City Council 18. GN 2004 -112 Action Pursuant to Article V, Section 7 of City Charter to Fill Vacancy on City Council 19. Information and Reports — Councilman Lewis 20. Adjournment 12/13/04 City Council Agenda Page 5 of 5 POSTED , lali4164 Date 5. b C) V. on Time City Secret By INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004 -119 Date: December 13, 2004 Subject: Presentation by Dan Quinto regarding conceptual HomeTown Commercial Core Development Dan Quinto from Arcadia Development will be giving a presentation to City Council at the Pre - Council session. The presentation will include a conceptual plan for the commercial core area of the HomeTown development. This development includes a series of 3 story structures with the top two floors allocated to residential and the main or bottom floor built to commercial retail standards. This development sets the tone for the primary commercial core area with pedestrian access to store front businesses. This development also falls in front of the proposed Library and Performing Arts /Conference Center along Walker and Parker Drives. Dan will present a general overview of planned buildings. A site plan approval by City Council is not required, however for informational purposes the developers will be coming back through the Planning and Zoning Commission and City Council to show the site plans and elevations. Dan will be available for questions or comments regarding the HomeTown development. Please see attached letter request. Sincerely,_.._..,, John Pitstick Development Director ISSUED BY THE CITY MANAGER = NORTH RICHLAND HILLS, TEXAS ROARING BROOK DEVELOPMENT COMPANY LLC • December 7, 2004 Mr. John Pitstick Economic Development Director City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX RE: Pre - Council Agenda Item Home Town Commercial Core Dear John, • Arcadia and affiliates request an opportunity to present the concept of the Home Town commercial core fronting Highway 26 to the City Council at the Pre - Council worksession on December 13. The presentation will include the concept sketch of the plan and a typical building elevation. Leaving time for questions and answers, fifteen to twenty minutes should be adequate. • Sincerely, Dan Quinto Executive Manager Home Town NRH 1111 SOUTH MAIN ST. SUITE 111, GRAPEVINE, TEXAS 76051 TEL: 817 410 5710 FAX: 817 410 5T77 EMAIL: danquinto @hotmail.com I bZ s s n �IVt3a I �� �roi3a D v 6 r j c r < 'a3X3 9Z AVMHOIH 31VIS �IJ 1� 7rv�a ANO-LS 310NIS i 1 �l / d4 '3N✓13dv M.. U 91 "71V13a � �1 _ 7C I !ca I \y r I i �iv.L3a 1S AWN3i2inoo _ = i:JHJSN��N� 71l£yfld { 7 • • INFORMAL REPORT TO MAYOR AND CITY COUNCIL Oki,,_ Date: December 13, 2004 Subject: NRH2O 2004 Season Report and Strategic Plan Proposal No. IR , 2004 -118 Attached you will find the NRH2O Family Waterpark 2004 Season Report recently prepared by staff. This report summarizes and evaluates the effectiveness of our marketing efforts, the on -park revenue centers, guest satisfaction; guest surveys, financial performance and attendance for the 2004 season. Chris Swartz, NRH2O Waterpark Manager, will make a brief presentation during the Pre - Council Work Session on the highlights of the End of Season Report and discuss major components of the Strategic Plan Proposal. Respectfully submitted, Vickie Loftice Director of Parks and Recreation ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS r� • • 2004 Season Report •Introduction 10 —J Staff has prepared the 2004 NRH20 Season Report for your review. The report outlines park performance in attendance, marketing, on -park profit centers, team member performance, financial performance and survey results. Attendance Due to the wettest summer on record in the history of DFW, overall park attendance was down for the season. Total attendance for 2004 was 213,285 compared to 228,992 for the 2003 season. 300,OOC 250,OOC 200,000 150,000 100,000 50,000 0 ® Attendance Attendance Comparison Financial Performance NRH2O finished the season with over $2.9 million in revenue for Fiscal 03 -04. This was a decrease of one percent from last season's revenue. The revenue decrease was due to the attendance decrease noted above in the report. �J �J Park Revenue $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 1995 1 1996 1 1997 1998 1 1999 2000 1 2001 1 2002 1 2003 2004 Revenue $1,778,637', $1,971,136 $2,098,9371 $3,053,879 1 $2,901,707 1 $3,087,751 $3,173,661 j $3,329,916 1 $2,935,495 $2,906,334 • Park expenses, including ndirect cost transfer to the e general fund ($90,084) and computer allocation expense transfer to general fund ($90,984), totaled approximately $2.55 million. An attachment showing a summary of park revenues and expenses is attached as Attachment A. Season Passes Season pass sales increased from 5,051 passes in 2003 to 6,797 passes in 2004. The park implemented advertising campaigns focusing on the new attraction, Frogstein's Splashatory, to promote season pass sales during the holiday season and offered a special entertainment package for those who chose to purchase their season pass prior to opening day. This entertainment package included a souvenir NRH2O bottle, in -park coupons, coupons for local businesses and free admission tickets for friends. The package was valued at over $35. Season passes were advertised through a direct mail campaign sent to past season pass holders and a database of names collected by the park, in addition to a water bill insert sent to NRH residents. Marketing, Advertising and Promotions Throughout the 2004 season, the marketing division of NRH2O Family Water Park conducted a comprehensive advertising campaign, aggressive promotions and multiple • -2- special events to successfully position NRH2O as the Metroplex's Family Water Park. . Various advertising mediums were utilized, including television, radio and print. The focus of the 2004 season was to further publicize NRH2O Family Water Park as the place for summer family fun, to promote the family- oriented atmosphere that defines the park, and advertise the park's new attraction, Frogstein's Splashatory. We continued to focus on our family - friendly environment and concentrated on the family- oriented nature of Frogstein's Splashatory. Television Media Coverage - Publicity Channel 4 featured NRH2O and Frogstein's Splashatory on Friday, May 21St. Dan Godwin came to the park to visit the new attraction and a three minute segment aired promoting the park and the new addition. Channel 8 featured NRH2O and Frogstein's Splashatory on Friday, May 21St during their Why Guy segment. The "Why Guy ", Mike Castellucci, featured the new attraction in a two minute news story. Multiple "teasers" about the new attraction led up to the final segment promoting the Splashatory. Channel 5 featured NRH2O and our Birthday Celebration on Tuesday, June 1St. The story focused on our tenth season of operation and also talked about the economic impact that NRH2O has on North Richland Hills and surrounding communities. . NRH2O was shown on Channel 4 News on June 18th during the weather and traffic segment. The traffic helicopter flew over the park and showed nice aerial shots of all of the park's attractions. Chip Wagner made mention of how much fun it is to visit NRH2O. Both Channel 5 News and Telemundo visited the park on June 23`d during our Keeping Kids Safe event to promote the event, specifically the lifejacket exchange, which was hosted by Tarrant County's SAFEKIDS Coalition. NRH2O was highlighted on Channel 11 News on July 1 st in a story about the impact of the rainy weather on local waterparks. NRH2O's rain check policy was mentioned in addition to the addition of Frogstein's Splashatory. Channel 33 highlighted NRH2O during its "On the Town" segment on August 19th. The Splashatory was featured in this segment. Channel 5 News visited NRH2O on August 27th during Fire Department training exercises. A short segment aired that afternoon. Print Media Coverage - Publicity Throughout the summer, numerous photo spreads were published featuring NRH2O guests enjoying themselves at the park. Dive -In Movies were regularly featured in the Dallas Morning News Guide and the Fort Worth Star - Telegram Star Time as one of the weekend's "best bets" for entertainment and family fun. The Star - Telegram ran a • -3- feature story on NRH2O's lifeguard training procedures on May 30th and published an OP article on June 17th about the Games of Texas lifeguarding competition at NRH2O. The Star - Telegram Life & Arts section on July 27th included information about Frogstein's Splashatory and a photo of two children playing on the new attraction. The Star - Telegram also featured multiple park events in their Life & Arts and Northeast sections including the Birthday Celebration, Keeping Kids Safe Day and the Little Miss and Mister Hawaiian Tropic Pageant. The Dallas Morning News ran a feature story on Frogstein's Splashatory in their Northeast Tarrant section on May 19th. On July 11th, the Morning News ran an article about the impact of the rainy weather on local businesses. This article focused on NRH2O and other area waterparks. On June 27th, a Dallas Morning News reporter mentioned NRH2O in a story about increasing competition in the area's waterpark industry as the City of Dallas plans to build a new waterpark in the next year. Finally, NRH2O lifeguards were featured in a Dallas Morning News article on July 18th as they prepared for upcoming lifeguard competitions. NRH2O's new attraction, Frogstein's Splashatory, was highlighted in two popular industry publications, including the July issue of Amusement Today and the July /August issue of World Waterpark Magazine. Print Advertising Once again, NRH2O participated in the "See Texas First" Spring vacation insert guide, . published by the Texas Travel Industry Association. The insert was included in 20 daily newspapers in Texas, Oklahoma and Louisiana. Over 1,250,000 households received the insert, resulting in over 6,000 requests for brochures from potential guests in the tri- state area. NRH2O continued to advertise in the Fort Worth Star - Telegram each week. Dive -In Movies were promoted in the Star Time and general park information was included in advertisements that were placed in the Food and Northeast sections of the paper. A direct mail piece, which included information about special events and a coupon to the park, was included in a free standing insert that was distributed to homes in North ' Richland Hills and surrounding communities. NRH2O also ran advertisements in local family publications including Fort Worth Child and Positive Parenting. • Web Site In recent years, the park has experienced an increase in guests and potential visitors utilizing the NRH2O Web Site. In 2004, the site was used more effectively to promote special events, the park's rain check policy and publicize other timely information. As we have done in past years, an online coupon was incorporated on the Web Site for guests to print out and bring to the front gate for a discount off the daily admission price. Approximately 1,800 guests utilized the coupon during the 2004 season. NRH2O continued to offer online ticket purchasing through the park's Web Site. Without any advertising, we generated 4,834 online purchases throughout the season. In 2003, the site generated 1,100 online purchases during the four week period that the tool was up and running Radio and Television Advertisements NRH2O ran radio advertisements with stations rated as the most popular among previous guests, as well as those stations whose listeners fit the park's target market. The radio stations NRH2O partnered with during the 2004 season included, KSCS 96.3, KLTY 94.1, Radio Disney 620, KLIF 570 and KVIL 103.7. In addition to advertisements, these stations provided additional promotional exposure through on -site radio remotes and van stops. As a part of these added value promotions, NRH2O received additional exposure through announcements leading up to the events and remote broadcasts. In regards to televisions stations, NRH2O chose to partner with stations and programming specifically geared towards children and mothers. The stations included NBC Channel 5, WFAA Channel 8 and Comcast cable TV stations Animal Planet, Family Channel, Nickelodeon, TLC, E! and the Cartoon Network. In Theatre Advertisements NRH2O advertisements were displayed at various cinemas throughout the Metroplex this summer. Designed to increase brand awareness, the advertisement was displayed for :30 seconds prior to each movie shown at Grapevine Mills theatres and other theatres in the Fort Worth area. • Grapevine Mills TV Advertisements The NRH2O television advertisement was shown on all TVs that are placed throughout the Grapevine Mills Mall in Grapevine, Texas. Our :30 second advertisement was shown throughout the day for three months on all of the screens that are suspended throughout the mall. • Season Pass Promotions The 2004 season kicked -off with a holiday season pass sale that began December 1, 2003 and continued through January 15, 2004. Prior to the start of the campaign, a direct mail piece was sent to the previous year's season pass holders and a database of names that we compiled through the park's Web Site. Additionally, the sale was promoted through water bill inserts sent to North Richland Hills residents. A small advertisement was also included in the North Richland Hills Parks and Recreation "Time of Your Life Guide" mailed to 24,000 households in the City. The holiday season pass promotion included special incentives and a souvenir bottle good for $1 refills all summer long with the purchase of a 2004 season pass. NRH2O also held a spring season pass special prior to the May 22nd opening of the park. The promotion was directed at Northeast Tarrant County residents, with the offer being announced via flyers to the Birdville Independent School District and water bill inserts sent to North Richland Hills residents. -5- Brochure The 2004 general park brochure showcased the Dive -In Movie schedule, a host of special events, the 2004 operating schedule, information about birthday parties and admission prices. A "fun" map was included showing the locations of the attractions and amenities. Roughly 100,000 brochures were distributed during the 2004 season to park guests and targeted locations including the Texas Travel Information Center, hotels and local businesses located throughout the Metroplex. Promotions A special Chick -fil -A cross promotion was once again implemented for the 2004 season to effectively drive business between local Chick -fil -A restaurants and NRH2O. The promotion afforded potential NRH2O guests the opportunity to obtain a $3 off coupon to the water park at any Chick -fil -A outlet in the near -by area. The summer -long promotion ran at six local Chick -fil -A restaurants. In addition to the coupon, Chick -fil -A customers could register to win a family four pack of tickets to NRH2O. For the 2004 season, Cook Children's Urgent Care Center and NRH2O teamed up for a cross promotion designed to drive business to both Cook Children's and NRH2O. Cook Children's distributed NRH2O materials at their Urgent Care Center as well as local family events that they sponsored. In exchange, Cook Children's visited the park on multiple occasions to distribute water safety materials. • NRH2O collaborated with Market Street's Colleyville store to hold a coloring contest. Children were given coloring sheets at the register during the month of June. They were tasked with coloring the logo for Frogstein's Splashatory in a fun and creative way. The store then chose three winners who received a family four pack to NRH2O. C� At the beginning of the summer, NRH2O partnered with Texan Ford for a ticket giveaway to all persons who test drove a car at the dealership. In exchange for 24 tickets, NRH2O was given live mentions on KVIL, two live announcements from a remote at the dealership, and a hyperlink on KVIL.com. Beginning July 22 "d, NRH2O ran a special Family Four Pack promotion where guests could purchase four tickets, four hot dogs /hamburgers, and four drinks for $50.00. The offer was only valid Monday through Thursday. The special price was advertised in the Fort Worth Star - Telegram and through an e-mail that was sent to a database of names collected from our Web Site. We generated 244 Family Four Pack Sales which is equivalent to nearly 1,000 guests. Donations NRH2O donates daily admission tickets to several hundred organizations per year, in exchange for promotional advertising at school carnivals, charity events and fundraisers. In 2004, over 600 organizations, including more than 50 Birdville Independent School District schools, North Richland Hills' churches and North Richland Hills' businesses, benefited from NRH2O's dedication to serving the community. Approximately 1,200 tickets were awarded to these worthy organizations. Special Events NRH2O focused on special events during the 2004 season in order to gain additional publicity, encourage new guests to visit the park, give season pass holders more reasons to visit the park on multiple occasions and enhance the overall family - friendly character of the park. Due to the great success of our special events in 2004, NRH2O plans to further expand promotions and events in future seasons. NRH2O introduced its newest attraction, Frogstein's Splashatory, to guests during a special sneak preview event for season pass holders on Saturday, May 15, 2004. A ceremony was held in front of the new attraction which included speakers and a ribbon cutting. To expand on the scientific theme of Frogstein's Splashatory, bubbling beakers were used in the ribbon cutting and lab coats were worn by staff members. The Dallas Morning News was in attendance during the ribbon cutting ceremony and ran a story on the new attraction in the Northeast section the following Wednesday, May 19, 2004. Both Channel 8 and FOX 4 News ran segments to promote Frogstein's Splashatory on the morning of Friday, May 21s, the day before the park opened to the public. During the event, season pass holders were able to preview the new attraction for the first time. Also, as an additional amenity, half price hamburgers and hot dogs and free snow cones were available all day long. Weather was cool during this event, but approximately 300 guests came out to the park to be one of the first to play on the . Splashatory. This year, we hosted two additional exclusive season pass holder events which gave our season pass holder's a few extra hours to enjoy the park on their own and take advantage of shorter lines and fewer crowds. On June 1, 2004 from 4 p.m. to 6 p.m., NRH2O celebrated its 10th season of operation. To commemorate the day the park first opened on June 1, 1995, NRH2O hosted a birthday party for its guests. Birthday celebration activities and decorations were set up in the pavilion and entertainment included clowns, a ring master on stilts, free popcorn, a Krispy Kreme doughnut decorating factory, carnival games, hula hoop contests, face painting and photo opportunities with the park's mascot, Professor Frogstein. To make the birthday even more appealing, NRH2O reduced its ticket pricing for the day to 1995 pricing, bringing the cost for non - residents to $9.95 for 48" and over and $7.95 for under 48 ". For residents, the admission price was discounted to $4.95 for 48" and over and $3.95 for under 48 ". The event was a huge success with park guests. NBC Channel 5 News ran a segment on the birthday party during the 4p.m. news broadcast that day. Dive -In Movies continued to play a major role in the park's success throughout the 2004 season. The movies were sponsored by Radio Disney, and were shown every Friday night beginning June 18 and ending July 30. The movies for the 2004 season were Willy Wonka, Back to the Future, Charlotte's Web, Jaws, The Goonies, Star Wars and Wizard of Oz. One Dive -In Movie, Back to the Future, was canceled due to inclement weather. Dive -In Movie nights generated approximately 1,000 more guests than other • Friday nights throughout the season, illustrating the popularity of this unique and fun 7- event. Prior to the Dive -in Movies, Jay Jenson, with Radio Disney, came out to the park . to play games with the guests and giveaway prizes. To celebrate Father's Day, on Sunday, June 20, the first 100 dads through the gates received free admission to the park. NRH2O also partnered with the Free Market Foundation which is an organization that was created by Tom Landry to promote fatherhood. This organization helped us host a variety of fun family activities for our guests including a water balloon toss and three legged race. Guests enjoyed this event and many went home with free T -shirts and prizes that were provided by the Free Market Foundation. On June 24th and 26th, NRH2O partnered with the NRH Cultural Arts division to host the first annual Tarrant County's Top Pop Singing Sensation Contest. In this American Idol - like event, approximately 35 contestants ages 13 -24 to competed in an exciting singing competition for a chance to win $500 and be signed with a talent agent. The first night, Thursday, was a preliminary round and judges narrowed the field down to 12 contestants who moved on to compete on the final night. Final night judges included a talent agent from the prestigious Campbell Agency in Dallas, KISS FM's morning show personality, Psycho Shannon and American Idol contestant, Nikki McKibbin. The preliminary round drew quite a crowd, but unfavorable weather on the final night left us with a smaller crowd. NRH2O hosted Keeping Kids Safe Day on June 23rd to promote children's safety in the • community. The park partnered with local businesses to spread the word about important safety topics. Tarrant County's SAFEKIDS Coalition hosted a lifejacket exchange in the parking lot. During this exchange, the coalition was able to hand out more jackets than ever before, exceeding 150 jackets that were given to children in need of new lifejackets. North Richland Hills' Fire and Police also participated in this event. The Fire department brought a fire truck to the park for guest tours, and the DARE officer offered fingerprinting inside the park. Other partners included Cook Children's Health Care System, Bicycles, Inc., Lowe's Home Improvement and the office of dentist, Dr. Sandra Armstrong. Along with these community booths, NRH2O handed out water watcher tags at the front gate (lanyards that adults wear to designate who is watching the children while they in the water) and performed periodic rescue demonstrations in the wave pool. Overall, this event was a great success. Channel 5 News, Telemundo and Texas Cable News ran segments on the event, focusing on the lifejacket exchange. • On June 28th, Dexter from Nickelodeon's Dexter's Laboratory came to NRH2O. Along with his Nickelodeon entourage, Dexter visited the park for 4 hours, meeting, greeting and taking pictures with guests. Nickelodeon ran a special commercial advertising the event for 2 weeks leading up to the special appearance. Due to inclement weather, this event was not as successful as we had hoped, as the park had to suspend operations approximately one hour into Dexter's visit. To promote children's safety, on July 8th, NRH2O partnered with WFAA and . KinderVision, a community service organization whose primary purpose is to "Protect families through education via a unique, pro- active video -based program aimed at preventing child abduction and child exploitation." NRH2O hosted the event with Kindervision to further educate families about safety topics. At this event, children were able to participate in fingerprinting, tour a fire truck, and create their own personalized safety video. Three days prior to the event, WFAA (Channel 8) ran multiple promotional spots about the event during high viewing periods. The Little Miss and Mister Hawaiian Tropic pageant made its second appearance at NRH2O on July 18th. Over fifty children ages 0 -12 competed in this adorable pageant where everyone wins a trophy. According to the Texas State Director of the pageant, the NRH2O pageant was the largest she has ever hosted and many of the children who were in our pageant went on to compete at a state level. The KSCS Dorsey Gang made a special live appearance at the park on Friday, July 301h as part of the Dorsey Gang World Tour. The Dorsey Gang broadcast their live morning show from the park which included multiple mentions of NRH2O, a helicopter flyover and free food from the Waffle House. The event was promoted on the station for weeks leading up to the event and listeners were given a special discounted admission to the park that morning. Over 600 additional guests visited the park for this event. Group Sales Department • The 2004 season proved to be an area of increasing attendance and sales. Over 47,500 tickets were sold to various group categories including Group Tickets, Rental Facilities, Exclusive Park Rentals, Catering, Consignment Tickets and Birthdays. Categorically, each of the above stated areas increased sales and profits except in the area of daily group admission which was negatively effected by the large amounts of rain days the park saw in 2004. However, the total revenue for the department exceeded $623,600, an increase over the 2003 season by almost $18,000. The department was also responsible for over 21% of daily revenues and 22% of daily attendance during the 2004 season. �J Group Tickets The 2004 season once again offered exemplary services and accommodations to the nearly 800 registered groups that visited the park in 2004. Furthermore, NRH2O served a wide variety of groups as represented graphically below. • Churches expectedly represented a large percentage of group business due to a pre- season marketing campaign to area youth groups and church groups. Municipal day camps also demonstrated a large number of group attendance and will continue to do so based on NRH2O'S pricing and safety policies. There was also an unexpected increase in family and birthday attendance. NRH2O was an ideal site for these groups who not only rented one of the many Picnic Areas but stayed for the duration of the day. A new feature added this year was an Online Reservation option that could be accessed through the park's website and linked to a registration form. This service . utilized by approximately 115 groups allowed group leaders to register and request reserved seating and catering 24 hours a day. An e-mail or phone call was used to confirm these reservations by the group sale's staff once the form was received. C Group Pricing The group reservation pricing structure enabled guests to receive varying discounts based on group attendance. The Basic Group Rate was offered to those group guests who did not make a reservation prior to arrival. The Registered Group Rate was offered to groups depending on quantity purchased. The price ranged from $9.50 per person to $11.50 per person depending on attendance. Furthermore, groups were greeted at a separate Group Gate, slightly away from the main gates, to ensure efficient and professional service. Groups are also color -coded wristbanded to signify which guests are with each group. Rental Facilities Forest Picnic Areas, the new Splashatory Picnic Areas and the Group Pavilion rentals remained a popular choice for groups and organizations who wanted to provide reserved seating for their guests. The Forest Picnic and Splashatory Picnic areas accommodated small groups (25 -30 per site) in a shaded area. The covered pavilion, seating 275 people, is generally reserved for large groups and catered events. -10- Sports Group Percentage Corporate 4% Other 5% 4% Church � 24% School 7% - -_- Non- Profit 9% Day Cam p Day Cares ,, /Family 15% 9% Outings ' Birthday 11% 12% Churches expectedly represented a large percentage of group business due to a pre- season marketing campaign to area youth groups and church groups. Municipal day camps also demonstrated a large number of group attendance and will continue to do so based on NRH2O'S pricing and safety policies. There was also an unexpected increase in family and birthday attendance. NRH2O was an ideal site for these groups who not only rented one of the many Picnic Areas but stayed for the duration of the day. A new feature added this year was an Online Reservation option that could be accessed through the park's website and linked to a registration form. This service . utilized by approximately 115 groups allowed group leaders to register and request reserved seating and catering 24 hours a day. An e-mail or phone call was used to confirm these reservations by the group sale's staff once the form was received. C Group Pricing The group reservation pricing structure enabled guests to receive varying discounts based on group attendance. The Basic Group Rate was offered to those group guests who did not make a reservation prior to arrival. The Registered Group Rate was offered to groups depending on quantity purchased. The price ranged from $9.50 per person to $11.50 per person depending on attendance. Furthermore, groups were greeted at a separate Group Gate, slightly away from the main gates, to ensure efficient and professional service. Groups are also color -coded wristbanded to signify which guests are with each group. Rental Facilities Forest Picnic Areas, the new Splashatory Picnic Areas and the Group Pavilion rentals remained a popular choice for groups and organizations who wanted to provide reserved seating for their guests. The Forest Picnic and Splashatory Picnic areas accommodated small groups (25 -30 per site) in a shaded area. The covered pavilion, seating 275 people, is generally reserved for large groups and catered events. -10- • Exclusive Park Rentals The revenue from Exclusive Park Rentals saw a dramatic increase again in 2004. Revenue increased by $37,200 over the 2003 season. Twenty four organizations took advantage of this exclusive offer to rent the waterpark for "after hours" events this season. As the graph illustrates, Exclusive Park Rentals draw a large portion of revenue for the department. (This includes tickets, hourly rental fee and catered meals). Therefore, emphasis was placed upon exceptional guest service increasing the potential for repeat business for years to come. Many of these bookings have had events at the water park for numerous years and are eager to reschedule for the next season. Exclusive Park Rentals $200,000 0 $150,000 $ 6 $100,000- $50,000 $0 2002 2003 2004 Catering In 2004, 34 organizations enjoyed catered meals served in a professional and efficient manner by the NRH20 Cater Team. The team was able to serve and accommodate many larger sized groups of over 500 people. Additionally, NRH20 offered a food voucher option for groups choosing not to have a catered meal, but who still wanted to provide a lunch option for their guests. Guests could also purchase unlimited drink bands for the day as well. Revenue generated from these services reached over $70,000 and showed an increase of $15,800 or over the 2003 season. Further revenue and an increase in guest service can be expected in the following seasons due the approval of a separate catering building dedicated to serving the hundreds of groups' guests that choose catering. Due to the addition of this area and the efficiency it will produce, larger sized groups will be more easily accommodated in this state of the art preparation and serving station. -11 - 0 Consignment Ticket Program The consignment ticket program was offered to local companies and organizations as an opportunity for their members or employees to purchase discounted tickets in an efficient and convenient method. The companies were responsible for selling the tickets and collection of the revenue. The companies returned to NRH2O the unused tickets and payments for the tickets sold. The tickets were available to the companies at a discounted rate and allowed NRH2O tickets to be sold at more than one venue. Several new accounts were added this year as well. Top ticket sellers included Bell Helicopter Textron, Lewisville Early Childhood PTA, Lockheed Martin and Motorola. In 2004, 68 organizations participated in the consignment program selling approximately 7,600 tickets resulting in total revenues of $88,680. Birthday Parties NRH2O Birthday parties remain a popular choice for parents and kids. The Elements of Fun hosted over 360 parties in 2004, which was an increase from the 2003 season. Birthday parties also saw an increase in revenues to $64,684 this year over $57,655 in 2003. Three party packages were offered this year. The Professor's Birthday Bash, for $135, was offered for eight guests, the Extreme Extravaganza, for $230, was offered for fourteen guests, and smaller package option was available on a per person charge. Packages included a full day's admission, the party island for one hour, a birthday cake, cookie or ice cream, unlimited drinks during the party, a visit from Professor Frogstein, party favors, balloons and invitations, a Big Squirt and a T -shirt for the birthday person. A majority of the birthdays also added Fun Meals to their party as well as various other add -on options. Group Sales Promotional Materials The Group Sales brochure was also an integral part in the success of this year's program. Over 4,600 organizations received information regarding the group sales program. A Group Sales video, sales packet and other collateral materials were also • available to promote the waterpark to larger groups and corporations. Various ads were -12- placed in different outlets such as the Fort Worth Star Telegram, Positive Parenting, . Fort Worth Child and the YouthNet Guide to further market the Group Sales and Birthday Programs. The Group Sales Department will be working closely with the Marketing Department as well as park's advertising agency to penetrate new markets and enhance the efforts of the department's goals of increasing sales and awareness of the services offered. L] Revenue Operations Food Service The Food and Beverage department generated sales of $340,023 in the 2004 season. NRH2O offered guests several options for lunch, dinner and snacks at the main Concession Stand, Ice Cream Shop and The Hopper. The Food and Beverage team also catered a variety of menus such as barbeque and hamburgers to many large groups. Prepared foods such as chicken and hamburgers, accounted for over one third of total food sales while ice cream and beverage encompassed approximately 40% of the Food and Beverage department sales. 2004 Food and Beverage Sales $400,000 - $350,000 IIIIIIIIIC $300,000 I I I l i l l 1 1 1 ® Beverage Sales $250,000 I I I I I I I I I I ® Food Sales $200,000 I I I I I I I I I I $150,000 I I I I I I I fill, $100,000 $50,0$0 II I I I I I I I I I I II L�oCor-COMSpNpMtt O0iiMi0)iMM000OO r r r r r N N N N N The Concession Stand provided a menu that offered many choices for the entire family at a competitive price. In 2003, Chick -fil -A sandwiches and nuggets accounted for more than one -third of all prepared food sales. This season, our chicken sandwiches and tenders which we prepared, accounted for 17% of prepared food sales. The Concession Stand team also prepared hamburgers, fries, hot dogs and nachos. This season, hamburgers were the best seller and were offered plain, with cheese and with bacon. NRH2O's guests also enjoyed snacks such pretzels, churros, Frito Lay chips and Mrs. Good Cookies. -13- • • 12° 25' 2004 Prepared Food Sales 10% 9% 0 Chicken ❑ Hamburgers 7% M French Fries ❑ Hot Dogs ❑ Nachos ❑ Pizza NRH2O's Ice Cream Shop generated $136,978, which was 40% of the $340,023 total Food & Beverage department sales in the 2004 season. The air - conditioned Ice Cream Shop featured Dippin' Dots, a unique frozen ice cream treat. Two new flavors were added for the 2004 season: root beer float and tropical tie dye. The top selling flavors include: chocolate, cookies 'n cream, vanilla, banana split, mint chocolate, rainbow ice and strawberry. Guests had their choice from two sizes: 5 oz. or 8 oz cups. The busiest times for the Ice Cream Shop were between 2 p.m. and 5 p.m. in the afternoon, which was also the hottest part of the day and corresponded with most guests' exits. Dippin' Dots Ice Cream accounted for over 85% of all snack food sales. 2004 Ice Cream & Snack Sales 5 %- 3%11 M Dippin' Dots 3% ❑ Shaved Ice 2% 2°/ ® Mrs. Good Cookies ❑ Novelty Ice Cream El Chips /Popcorn 85% ❑ Giant Pretzels The newly named Hopper, formerly the Snack Shack, served turkey and ham wraps, smoothies and pizzas. Dr Pepper soft drinks and shaved ice were also served from this convenient location near the popular lounge areas. The Hopper, open noon to 6 p.m. on -14- high traffic days, helped ease congestion at the main Concession Stand as well as generated approximately $24,000 in revenue. During Dive -in Movies on Friday nights, the Hopper also served freshly popped popcorn to NRH2O guests. 15"' 3FS_io 2004 Food & Beverage Sales 5% ® Prepared Food; 42% ® Ice Cream ❑ Beverage ❑ Snacks Dr Pepper soft drinks were served at all the food service locations. The most popular flavor for the past nine seasons has been Dr Pepper followed by RC Cola and 7Up. Dr Pepper is a proven favorite of guests in this region because of its local history, heavy • advertisement and community involvement. Deja Blue bottled water, Welch's fruit juices as well as Snapple juices and teas were also available to quench guests' thirsts. Giant 32 oz. NRH2O souvenir bottles were also sold offering guests $1.00 refills all summer long. Total beverage sales accounted for 15% of all food service sales at $50,089. • Gift Shop The Gift Shop generated $88,881 in the 2004 season. NRH2O's Gift Shop offered guests all the necessity items needed to enjoy their day at the water park such as sunglasses, Banana Boat sunblock, swimsuits, towels, water shoes, hats, cover -ups, baby floats and swim diapers. Guests could also purchase a large variety of candies, fashion jewelry, T- shirts and sportswear. Additionally, an unseasonably cool season (the rainiest in history), added to around $16,000 in lost revenue in Big Squirt sales, which are the Gift Shop's best seller after lockers. -15- • • • $200,000 $150,000 $100,000 $50,000 G, 2004 Gift Shop Sales 1996 1998 2000 zooz 2004 ■ Beanie Baby Sales ❑ Non - Beanie Merchandise Sales Big Squirts, with the exception of the 1998 season, have been the park's best seller since 1995. Nearly 3,700 Big Squirts were sold this season. Big Squirts are water toys that guests fill with water and squirt each other (and the occasional lifeguard). Candy, swim wear and cameras were the next best selling categories. 2004 Season Gift Shop Sales 13% 17% 24% 10% 2% 27% 4% ■ Big Squirts ❑ Wearables ■ Toys /Mist ❑ Candy ■ Suntan /Sunglasses ■ Jewelry ■ Beanie Babies ■ Swim Accessories Locker Rentals Lockers, located next to the Ice Cream Shop, were available to NRH2O's guests to protect their belongings during their visit. Guests rented keys from the Gift Shop window that allowed them full access to their locker for the entire day. Guests could choose from two different size lockers: standard or family. Standard locker rentals cost $3.00 plus a $1.00 refundable deposit, while family locker rentals cost $5.00 plus a $1.00 refundable deposit. Locker rentals generated $42,256 in revenue for the park; this was -16- a 14% decrease from the 2003 season, which can again be attributed to the decrease in . overall park attendance. Park Operations During the summer of 2004, the Operations Department of NRH2O saw many advancements and improvements occur that raised public awareness of the park and enhanced the beauty of our park so our guests can further enjoy our facilities. One of the major park enhancements done to improve the quality of our guests experience was the replacement of an aging water play structure. Removed was the old water filling station for the concrete train in the Tadpole Train Station. In place of this was put in a new fiberglass themed frog slide for our younger guests. The new slide was very pleasing to the eye and aided in increased guest satisfaction. The park also hosted the first ever Texas Lifeguard State Championships. This competition was part of the 2004 TXU TAAF Games of Texas and was sponsored by the Texas Public Pool Council. The participants were from across the state and could only qualify by placing first or second in one of five regional lifeguard competitions. Overall there were six teams that made the cut and competed in three different events based on real life scenarios such as managing a drowning victim and also a spinal victim. The lifeguards for NRH2O again had a very exciting, safe, and fun filled summer. This . year 200 lifeguards were trained in CPR, first aid and lifeguarding skills. NRH2O continues to be proactive in its training approaches. Again this year, lifeguards were required to perform inservice daily, covering such topics and exercises as infant and child CPR to the more extensive full blown drowning scenarios where the lifeguards have to perform such extra duties as crowd control and assisting the park EMTs. Lifeguards were also audited daily and made to perform backboarding and other lifeguard skills while the park was open, letting the guests know that NRH2O takes its lifeguards skills very seriously. Also, this year the park continued mannequin testing and the 5 minute rule. The mannequin tests were conducted by placing a mannequin in the water without the lifeguard's knowledge and timing how long it took to recognize and save the mannequin. The 5 minute rule requires the lifeguard staff to make a significant change in posture every 5 minutes in order to keep them alert and concentrating. In addition, in order to aid in our ongoing quest to provide well- trained lifeguards for the safety of our guests, we added three new lifeguard instructors to our ranks. Team Performance and Benefits The seasonal team members, a vastly important section of the team, continue to be pivotal in the success of NRH2O. Although there are several contributing factors to the success of the park, the most noteworthy are the seasonal team members. The 400 plus seasonal team members encountered many more guests than did any supervisory personnel and this presents NRH2O with many opportunities to either exceed the • guests' expectations or not reach that level. That is why the seasonal team is so -17- important. This season our exceptional team members were provided with discounts to . area attractions, complimentary admission to NRH2O, a private showing of the movie "Spiderman 2" and other special events throughout the summer. To cap off a great season, all team members still on board were invited to an end of the season party at a local park. A great time was had by all and we hope to see our team members return for the 2004 season. • Survey Results Survey results for the 2004 Season remain very positive. The surveys are not only a good tool to find out how the guest feels about the park, but also how long the guest stayed, how many people were in their party, where the guest was from and other helpful information. Below is the survey question followed by the average answers. The scale runs from 1.0 to 5.0, with 5.0 being the highest possible rating. How many hours did you stay today? - 5.5 The length of stay increased to 5.5 hours. A longer length of stay is positive since the longer people are in the park the better time they are having and the more opportunity there is that the guest will spend money. As more attractions and activities are added to the park and with an increase in attendance, length of stay will increase. How many people came with you? - 7.5 This number dropped slightly from the 2003 season, which was 7.6. How would you rate NRH20's attractions and facilities? — 4.6 The ratings of the attractions and facilities increased from the 2003 Season which was 4.5. How would you rate NRH20's quest service and courtesy? - 4.7 This rating increased from the 2003 season. With a lower number of guests in the park this season, this rating increase was expected. How would you rate NRH20's quality of concessions? - 4.2 Our rating in the area of concessions increased from the 2003 season. What radio station do you listen to? For the eighth season in a row, KISS 106.1 FM was ranked number one by the guests of the park. The second most popular station was KPLX 99.5 FM with KLTY 94.9 finishing third. How did you find out about NRHPO? "Friend /family" was the number one followed closely by "Live nearby ". This strong word of mouth is reflective of the overall high quality of the entertainment service provided. Television was the third followed by radio, newspaper, and brochure and internet tied for sixth. 5011 How did you find NRH20's concession pricing? 40 Reasonable 53.72% Inexpensive 3.72% Expensive 34.76% Not Answered 7.80% How did you find NRH20's admission pricing? Reasonable 73.58% Inexpensive 6.65% Expensive 19.77% Who's idea was it to visit NRH90? Family 31.70% Children 18.93% Mom 1703% Other 17.03% Friends 10.88% Dad 3.63% Grandparents 0.79% • Other 17.03% • Who's Idea Was It to Visit? Grandparents 0.79 Dad 3.63 I'- 1a.as % -19- illy 01. • Where are you from? Residents of North Richland Hills represented 17 percent of surveyed guests this season. This represents the largest segment of the survey and shows that the park is still being well received by our residents. The second largest survey segment is Fort Worth with just over 16 percent. "Not from Area" placed third with approximately 14 percent. This category saw a decrease this season, perhaps related to increasing gasoline prices. Some of these "Not from Area" guests must be attributed to people who are visiting family (or others) in the area. This leaves the remainders who are either visiting the Dallas /Fort Worth area and have chosen to visit NRH2O over other attractions or those who have come to North Richland Hills just to visit NRH2O. These guests bring additional revenue to the City of North Richland Hills as a whole in the form of sales taxes and purchases made that help the local economy. This trend should be continued because the opportunity exists for NRH2O to continue to become more of a family destination location if properly developed. Where Are You From M 200 E 200 02002 13 10 Season Average 30.00% -� - -- 25.00%-._ 20.00% 15.00% j 10 00 ", 5.00%--- 0.00% - - ---- uwnwum ------------------------------------ D DDDDDDO]O]�(7 CI F 2.- n00001T1TTT�1r; Gi G7 ci Li = = = =_ -�� T.T.T.rrrr���Z'D 3737373](n�(A- ������Z f DO- c O.�°- '�iD��mmpO- a- "mmmm° -'�n'c 'o$2.�'mmcwwdmmom�m0000w v�omm �<4 g °ago °�- _�b� *�a��83mmd�c'�' �30�' =c=oa��d?go�mmmo g'�=mm d0�fD �0 3 Will you recommend NRH20 to a friend? Yes 99.53% No 0.47% The level of service provided to all guests is why word of mouth continues to be NRH2O's strongest method of advertisement. -20- • • Will you revisit NRH20? Yes 98.42 No 1.58% Some of the "No" responses continue to be due to the fact the guest either did not live in the area or was moving from the Metroplex. -21 - C • PARK REVENUES One Day Ticket Sales Season Pass Sales Group Sales Food & Beverage Sales Gift Shop/ Rental Sales Programming Other TOTAL REVENUES PARK OPERATING EXPENSES Administration Parks and Public Grounds Business Office Marketing - Advertising Aquatics Maintenance Gift Shop Food Ice Cream Shop Group Sales Admissions Elements of Fun Birthday Parties Catering Rentals TOTAL PARK OPERATING EXPENSES OTHER PARK RELATED EXPENSES Debt Service Allocation to Internal Service Funds Attachment A NRH2O Unaudited Revenues and Expenses $ Difference Actual/ % Actual/ Revised Budget 2003/2004 Actual Results 2003/2004 Revised Revised $ 1,951,221 $ 1,502,149 $ (449,072) $ 253,367 $ 310,652 $ 57,285 $ 457,687 $ 458,057 $ 370 $ 494,423 $ 404,927 $ (89,496) $ 209,324 $ 132,215 $ (77,109) $ 12,613 $ 9,541 $ (3,072) $ 182,954 $ 218,526 $ 35,572 $ 3,561,589 $ 3,036,067 $ (525,522) $ 740,740 $ 641,746 $ (98,994) $ 63,725 $ 68,632 $ 4,907 $ 86,931 $ 79,776 $ (7,155) $ 362,384 $ 355,657 $ (6,727) $ 391,591 $ 431,608 $ 40,017 $ 308,191 $ 310,613 $ 2,422 $ 113,150 $ 98,651 $ (14,499) $ 218,190 $ 210,633 $ (7,557) $ 80,505 $ 66,221 $ (14,284) $ 82,598 $ 78,727 $ (3,871) $ 80,049 $ 81,503 $ 1,454 $ 8,590 $ 17,424 $ 8,834 $ 26,545 $ 19,989 $ (6,556) $ 18,480 $ 28,516 $ 10,036 $ 10,829 $ 5,306 $ (5,523) $ 2,592,498 $ 2,495,002 $ (97,496) $ 439,137 $ 439,137 $ $ 129,954 $ 129,954 $ .r Reserve for Infrastructure and Major Repairs $ 325,000 $ - $ (325,000) Reserve for Insurance $ 75,000 $ $ (75,000) TOTAL OTHER PARK RELATED EXPENSES $ 969,091 $ 569,091 $ (400,000) TOTAL EXPENSES $ 3,561,589 $ 3,064,093 $ (497,496) Ll EXPENSES IN EXCESS OF REVENUES $ - $ 28,026 $ 28,026 -22- 77% 123% 100% 82% 63% 76% 119% 85% 87% 108% 92% 98% 110% 101° 87% 97% 82% 95% 102% 203% 75% 154% 49% 96% 100% 100% 0% 0% 59% 86.0% INFORMAL REPORT TO MAYOR AND CITY COUNCIL —:*Date: December 8, 2004 Subject: 2004 United Way Employee Campaign Summary No. I R 2004 -121 2004 United Way Employee Campaign The 2004 United Way Employee Campaign reached new heights of energy, enthusiasm, friendly competition, as well as dollars raised. The campaign took place from October 12, 2004 — November 12, 2004. The funds raised during the 2004 campaign will apply to the overall Tarrant County United Way Campaign for the calendar year 2005. The campaign was led by representatives from each department in the City. The representatives relayed all campaign,events and information back to employees within each department. Through this team effort, not only were City employees able to exceed the monetary goal, they were able to integrate new energy into activities, events, and fund raisers conducted during the campaign. The element of friendly competition resounded throughout the campaign. A point system, developed by the campaign team, was used for the majority of activities conducted at the campaign kick -off, silent auction baskets sales, pumpkin gram sales, penny war jars, and more. Points were accumulated based on 1 s' — V place in events, as well as participation during the campaign. Activities were carried throughout the campaign to keep the energy and enthusiasm alive. Whether employees chose to give on pledge forms was not the focus, the focus was FUN! All money generated through the activities goes directly to the campaign total. Goals and Results The 2003 employee campaign fell short of reaching our $35,000 goal. The campaign team kept the $35,000 goal for the 2004 campaign and felt that reaching that goal was feasible with the new activities and energy that had been planned. When all was tallied not only had the employees met our goal they had exceeded it. The 2004 campaign total was $36,289.79, almost $1,300 over our goal for 2004 and exceeded the 2003 total by over $4,800. More importantly the 2004 campaign generated 50% participation from full - time city employees when contributing on the United Way pledge form. As stated at the Victory Celebration, with this United Way contribution we may impact families in Tarrant County for year's to come; possibly even a lifetime. And that is what this campaign is about. Campaign Team Members Without the tireless efforts of such dedicated employees the success of the campaign could not have been met. Their representation of their departments, the city, and the United Way was always professional, courteous, and positive. Here are the campaign team members that made it happen: Joyce Fister - Support Services, Toni Blevins- Neighborhood Services, Phyl Baloga- Economic Development, Linda Evans - Library, Richard Abernethy - Public Works, Lorie Brown - Public Works, Corie Mills - Public Works, Lisa Daugherty - Municipal Court, Linda Cast - Police, Susan Moren - Police, Paula Paul - Police, Terri Bilger- Police, Kathy Corley -Fire, Sharon Davis -Parks and Recreation, Josh King- NRH2O, Tracey Dickson- NRH2O, Claudia Gomez - Finance, Melinda Holland- information Services, Jenny Bransford -Human Resources, Donna Jackson - Planning & Inspections, Alicia Richardson -City Secretary Office, Mary Edwards -City Manager's Office, Jimmy Cates (Co- Chair) - Public Works, and Adrien Pekurney (Chairperson) -Parks and Recreation. Respe tfully submitted, I ;2Z,4,- Adrien Pekurney — 2004 United Way ampaign Chair ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS t 0 C MINUTES OF THE PRE - COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — NOVEMBER 08, 2004 PRE - COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre - Council session on the 8th day of November, 2004 at 5:00 p.m. in the Pre - Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson George Staples John Pitstick Larry Koonce Mike Curtis Mary Edwards Dave Green Patrick Hillis Call to Order Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative /Fiscal Services City Secretary City Attorney Director of Development Finance Director Public Works Director Public Information Officer Director of Planning Director of Human Resources Mayor Trevino called the Pre - Council meeting to order at 5:00 p.m. 1. Discuss items from Regular November 08 2004 City Council Meeting None. 2. Executive Session Mayor Trevino announced at 5:01 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) • Consultation with City Attorney pursuant to Section 551.071 Texas Government Code • 0 City Council Minutes November 08, 2004 Page 2 to seek advice about pending litigation on Hughes vs. City of North Richland Hills; and b) seek advise about pending litigation on Davis vs. North Richland Hills. Adjournment Mayor Trevino announced at 6:43 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order November 08, 2004 at 7:00 p.m. Present: ROLL CALL Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples Councilman Metts led the invocation. Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilwoman Councilwoman Councilman City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION • City Council Minutes November 08, 2004 Page 3 3. PLEDGE OF ALLEGIANCE Councilman Metts led the pledge of allegiance. 4. SPECIAL PRESENTATIONS Councilman Lewis and Keep North Richland Hills Beautiful Commission Member Kathy Luppy presented certificates to the following Clean Campus Award winners: Alliene Mullendore Elementary, Green Valley Elementary, North Ridge Elementary, Smithfield Middle School, Snow Heights Elementary and The Academy at Carrie. F. Thomas. None. None. 5. CITIZENS PRESENTATION 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE OCTOBER 25, 2004 COUNCIL MEETING B. GN 2004 -104 CANCELLATION OF NOVEMBER 22, 2004 AND DECEMBER 27, 2004 CITY COUNCIL MEETINGS Councilwoman Johnson requested that Mayor Trevino read item 7B so the public would be aware of the cancelled council meetings. Councilwoman Johnson moved, seconded by Councilwoman Bielik to approve the • consent agenda. • City Council Minutes November 08, 2004 Page 4 Motion to approve carried 7 -0. 8. ZC 2004 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TERRY AND KATHY MARTIN FOR A ZONING CHANGE FROM "R -1 -S" SPECIAL SINGLE FAMILY DISTRICT TO "R -2" SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATED AT 7813 GREEN VALLEY DRIVE - 0.721 ACRES) - ORDINANCE NO. 2809 APPROVED Mayor Trevino opened the public hearing. Mr. Mark Long, representing applicant, was available to answer questions from council. The purpose of the request is to plat current site into two lots in order to build a single family residence on each lot. In 1999 the property was rezoned R -1 -S, but-by subdividing the site in two lots the applicant can not meet the R -1 -S minimum lot size. A preliminary plat for this site was approved by the Planning and Zoning Commission on October 21, 2004. The Planning and Zoning Commission and staff recommend • approval of request. Director of Zoning Dave Green was available to answer council questions. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilman Lewis moved to approve ZC 2004 -06. Mayor Pro Tern Whitson seconded the motion. Motion to approve carried 7 -0. 9. ZC 2004 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TED MILLER FOR A ZONING CHANGE FROM "AG" AGRICULTURE TO "R -2" SINGLE FAMILY RESIDENTIAL (LOCATED AT 8209 MAIN STREET - 1.0 ACRE) - ORDINANCE NO. 2810 DENIED Mayor Trevino opened the public hearing. • J.D. Scott (owner of property), representing applicant, was available to answer questions from council. • City Council Minutes November 08, 2004 Page 5 The purpose of the request is to rezone existing platted lot to build a single family residence. The site originally contained a residential structure and out buildings but is currently vacant. The Comprehensive Plan indicates retail uses for this area of Main Street and Amundson Drive, east of Davis Boulevard. The proposed use is not consistent with the Comprehensive Plan and the plan's depiction of non - residential uses for this area is based on the concept that a future DART Regional Rail stop near this vicinity would generate transit - oriented retail development nearby. Staff from the Planning and Economic Development departments are currently working with the city's consultant and the Council of Governments to develop a transit - oriented component to the Smithfield Plan. A draft of the plan component will be presented to the Planning and Zoning Commission and City Council early next year for consideration. The Planning and Zoning Commission at their September 21, 2004 recommended approval of request. Mr. Green was available to answer questions from council. Council discussed the possibility of a rail station near applicant's location. Councilwoman Cox asked if council should withhold voting for zoning request change until the first of the year. • Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilman Metts moved to deny ZC 2004 -007. Councilwoman Johnson seconded the motion. Motion to deny carried 5 -2 with Councilmen Lewis, Metts, Welch and Councilwomen Cox and Johnson voting for denial and Mayor Pro Tern Whitson and Councilwoman Bielik against denial. 10. FP 2004 -05 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FAMILY PARTNERSHIP TO APPROVE THE FINAL PLAT OF LOTS 59 -63, BLOCK 1 OF FOREST GLENN WEST ADDITION (LOCATED NORTH OF THE 7900 BLOCK OF GREEN VALLEY DRIVE - 1.348 ACRES) APPROVED Mr. Mark Long, representing applicant, was available to answer questions from council. The purpose of the request is to add approximately two additional unplatted acres to • the original subdivision. The addition of this two -acre tract to the original subdivision requires several existing platted lots to be reconfigured. A replat request is required as C7 City Council Minutes November 08, 2004 Page 6 a result of the reconfiguration, which is also for council's consideration and has been placed on the agenda as well. The Planning and Zoning Commission has recommended approval of request. Mr. Green was available to answer questions from council. Councilman Welch moved to approve FP 2004 -05. Mayor Pro Tern Whitson seconded the motion. Motion to approve carried 7 -0. 11. RP 2004 -11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J & J NRH 100 FAMILY PARTNERSHIP TO APPROVE THE REPLAT OF LOTS 35R -38R & 43R, BLOCK 1 OF FOREST GLENN WEST ADDITION (LOCATED NORTH OF THE 7900 BLOCK OF GREEN VALLEY DRIVE - 1.954 ACRES) APPROVED Mayor Trevino opened the public hearing. • The purpose of the request is to approve previously (item 10) approved lots from the Forest Glenn West Addition, which will incorporate additional adjacent land into the subdivision. Public Works Staff has reviewed and verified all plat requirements have been met. The Planning and Zoning Commission recommended approval of request. Mr. Green was available to answer questions from council. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilwoman Johnson moved to approve RP 2004 -11. Councilman Metts seconded the motion. Motion to approve carried 7 -0. 12. SUP 2004 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 17, LTD FOR A SPECIAL USE PERMIT (SUP) FOR A SENIOR INDEPENDENT LIVING FACILITY (LOCATED AT 8200 MID - CITIES BOULEVARD - 7.394 ACRES) - ORDINANCE NO. 2811 APPROVED • Mayor Trevino opened the public hearing. • City Council Minutes November 08, 2004 Page 7 Mayor Trevino advised council and those in the audience that this item would be heard after item 14 to allow applicant time to get to the council meeting. 13. GN 2004 -103 RESOLUTION REAPPOINTING THE CITY MANAGER OR HIS DESIGNEE TO THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 2004 -074 APPROVED City Manager Larry Cunningham advised an Urban Transit District Board was established in September 2002 when council approved an interlocal agreement with the cities of Bedford, Euless, Grapevine, Haltom City, Hurst and Keller. The Board was created to make improvements to the Northeast Transportation Services, which is commonly referred to as the NETS program, which serves senior citizens and disabled individuals. In establishing the District it was required to have a board of director from each participating city, which was served by each City Manager for a term of one year. The second year of the NETSUTD ended September 30, 2004 and the Board of Directors is recommending that their respective council's appoint the City Managers for • another year. Mayor Pro Tern Whitson moved to approve GN 2004 -103 and Resolution No. 2004- 074. Councilman Lewis seconded the motion. Councilwoman Johnson encouraged Mr. Cunningham to see about enlisting other surrounding cities. Motion to approve carried 7 -0. 14. INFORMATION AND REPORTS Councilman Welch made the following announcements. 5th Annual Northeast Recycles Day Flea Market The 5th Annual Northeast Recycles Day Flea Market will be held Saturday November 13, from 8 a.m. to 3 p.m., at the Richland Business Centre, 6357 Grapevine Hwy. This event is in celebration of Texas Recycles Day. The purpose is to encourage the re- buying of used items to reduce waste, save energy, conserve natural resources, and to provide recycling education. For more information call Neighborhood Services at 817- 427 -6651. 1� City Council Minutes November 08, 2004 Page 8 Thanksgiving Celebrations Dan Echols Senior Center will host a Thanksgiving Celebration for Senior Citizens at 11 a.m. on Wednesday, November 17. Pre - registration is required. For more information, please call 817 - 281 -9267. Bursey Road Senior Center will offer a free Thanksgiving Meal for Senior Citizens at 11 a.m. on Wednesday, November 24. For more information, please call 817- 656 -9525. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Keller Police Chief Mark Hafner sent a letter thanking the North Richland Hills Police Department for assisting his department. He specifically praised Officers James George and Jeff Garner, as well as Sgt. Mike Hamlin. Chief Hafner said: "The can do spirit permeates throughout your organization. The residents of Keller and North Richland Hills have a better community because of our sharing resources." 12. SUP 2004 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 17, LTD FOR A SPECIAL USE PERMIT (SUP) FOR A SENIOR INDEPENDENT LIVING FACILITY (LOCATED AT 8200 MID - CITIES • BOULEVARD - 7.394 ACRES) - ORDINANCE NO. 2811 APPROVED Mayor Trevino advised council and the public he was returning to item 12. The purpose of the request is to consider a request from a potential buyer who proposes to develop a 192 -unit senior independent living facility. This type of facility is a permitted use for proposed area, but requires approval of a special use permit. The ordinance requires a request for a special use permit to be accompanied by specific plans or drawings that demonstrates a project's compliance with required standards and an assessment of the impact of the proposed development on adjacent properties. Plans submitted by the potential buyer for the proposed development are conceptual in nature and do not reflect all of the specific design information staff feels is necessary for final site approval. Applicant, on behalf of potential buyer, has requested council's consideration of special use permit prior to commencing with the final engineering designs for the development. Mr. Green advised staff's effort to be sensitive to market situations believed they could handle project in two steps (1) use and (2) site design. Staff is willing to consider the appropriateness of the use as long as the applicant understands they are required to have a final site plan approval by staff, Planning and Zoning Commission and City Council prior to any building permits being issued for construction. The Planning and • Zoning Commission recommended approval of request with the following stipulations: a C, City Council Minutes November 08, 2004 Page 9 definition for "senior independent living" is provided and the project is brought back for final site plan approval. Staff feels the character of the project is consistent with the Home Town Regulating Plan and supports the land use request (as recommended by the Planning and Zoning Commission) for an independent living facility. In regard to the site plan, staff is recommending approval of the concept plan with the following exceptions: parking as currently shown on plan, parking ratio as currently shown on plan, street tree landscaping as it is itemized and the project sign as it is currently mentioned. Council discussed the definition of senior independent living as defined by staff. Mr. Dan Quinto, applicant, was available to answer questions from council. Councilman Welch inquired about unit mix of living facility. Mr. Quinto did not have available information and asked if he could supply information at a later time. Mayor Trevino asked if there was anyone wishing to comment on this request. There • being no one wishing to speak Mayor Trevino closed the public hearing. Mr. James Jong with KSNG Architect provided council with an idea of the unit mix for the proposed living facility. Mayor Pro Tern Whitson moved to approve Ordinance No. 2811 as recommended by Planning and Zoning Commission for the use and design in concept accepting as Planning and Zoning Commission has pointed out the definition of the senior independent living is provided prior to site plan, the project is brought back for final site plan approval, the parking concerns are taken care of, the parking ratio is listed, the street parking is better defined, the landscaping is brought up to the current landscape concept and the project sign as designated on the special use permit conceptual plan be adjusted. City Attorney George Staples suggested council's approval is subject to submission by the owner and approval by the council of a final site plan that meets all city requirements. Mayor Pro Tern Whitson agreed with Mr. Staples suggested motion. Councilwoman Johnson seconded the motion. Councilman Welch is uncertain as to why council is approving an ordinance subject to • the applicant bringing back a formal special use permit. F- IL City Council Minutes November 08, 2004 Page 10 Mayor Trevino advised council applicant is seeking council's approval of an independent living center at the location. Mr. Cunningham advised applicant came forward with something contrary to the ordinance. The applicant cannot build anything contrary to the ordinance unless it is approved through a site plan, which is approved by council. Should council approve the special use permit for a senior independent living zoning the applicant has to comply with everything. Therefore, there are no exceptions. Motion to approve carried 5 -2 with Mayor Pro Tern Whitson, Councilmen Lewis and Metts, and Councilwomen Cox and Johnson voting for approval and Councilwoman Bielik and Councilman Welch voting against. 15. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:29 p.m. • ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary n U CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 12/13/04 Subject: Consideration of a Request from B. H. & L. Joint Venture Agenda Number: AP 2004 -02 to Approve the Amended Plat of Lots 1 -21, Block 1 Forest Glenn North Addition (Located in the 8400 Block of Park Brook Court and Spence Court - 10.00 acres). Case Summary: The final plat for this addition (ref. PS 2003 -55) was approved by the Planning and Zoning Commission on January 15th and the City Council on February 9th of this year. The plat was filed showing a 25' front building setback on all lots. The minimum front setback required by the Zoning Ordinance is 20'. The decision to incorporate a front setback larger than the minimum was a decision of the developer. The applicant (developer) has indicated that the original setback of 25' was a mistake and should have been 20'. The purpose of this amended plat is to correct the front building setback on all lots to 20'. A similar request (from the same applicant) to amend another final plat (ref. AP 2004 -02) is also on this agenda for consideration. Article 8, Section 800 of the City of North Richland Hills Subdivision Regulations requires all amended plats to first be approved by both the Planning and Zoning Commission and the City Council. The section does not provide for any administrative authority on behalf of the staff to circumvent this process. Due to the nature of the applicant's request and impending contracts for sale, staff is processing this request as quickly as possible. Staff Review: Attached is a letter from the Public Works Department recommending the placement of this plat on the Planning and Zoning Commission and City Council agendas. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on November 18, 2004 recommended approval of AP 2004 -02 by a vote of 7 -0. Recommendation: To Approve AP 2004 -02 the Amended Plat of Lots 1 -21, Block 1 Forest Glenn North Addition. Review Schedule: Application: 11/12/04 Final Hearing: 12/13/04 Total Review Time: 4 weeks Finance Review Source of Funds: Account Number Bonds (GO/Rev.) Sufficient Funds Avai a e Budget Other ?d e 4�— Finance Director • L r • North Tarrant Parkway N NRH W ran � E AP 2004-02 911 Amended Plat S Lots 1 -21, Block 1 Forest Glenn North Prepared by Planning 11/11/04 • 9. AP 2004 -02 CONSIDERATION OF A REQUEST FROM B. H. & L. JOINT VENTURE TO APPROVE THE FINAL PLAT OF LOTS 1 -21, BLOCK 1 FOREST GLENN NORTH BEING AN AMENDED PLAT OF LOTS 1 -21, BLOCK 1 FOREST GLENN NORTH (LOCATED IN THE 8400 BLOCK OF PARK BROOK COURT AND SPENCE COURT —10.00 ACRES). APPROVED The Chairman announced the case and noted that all engineer's comments have been addressed. He asked if there were any questions from the applicant. Mark Long, 1615 Precinct Line Rd., Hurst, stated that this final plat is to correct a surveyor oversight where the building lines were listed as 25 -ft. instead of the correct measurement of 20 -ft. Chairman Davis called for a motion noting that staff recommends approval. Mr. Schopper, seconded by Mr. Bowen, motioned to approve AP 2004 -02 as presented. The motion was approved unanimously (7 -0). Page 19 11/18/04 P &Z Minutes N'ItH • November 11, 2004 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate SUBJECT: Forest Glenn North Amended Plat: AP2004 -02 Public Works has reviewed the Amended Plat submitted to this office on November 8, 2004. We recommend placement on the next Planning and Zoning meeting agenda. We recommend placement on the next City Council Meeting Agenda following approval by the Planning and Zoning Commission. cc: Lance Barton, P.E., Public Works Assistant Director 0 Dave Green, Planning Director C LW /pwm2004 -212 • CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date 12/13/04 Subject: Consideration of a Request from J & J NRH 100 FLP to Agenda Number: AP 2004 -03 Approve the Amended Plat of Lots 53 -65, Block 1 and Lots 1 -9, Block 11 Brandonwood Estates Phase III Addition (Located in the 7700 Block of Barfields Way and the 8400 Block of Johns Way - 6.700 acres). Case Summary: The final plat for this addition (ref. PS 2003 -55) was approved by the Planning and Zoning Commission on January 15th and the City Council on February 9t" of this year. As with the other amended plat request on this agenda (ref. AP 2004 -02) the plat was filed showing a 25' front building setback on all lots. The minimum front setback required by the Zoning Ordinance is 20'. The decision to incorporate a front setback larger than the minimum was a decision of the developer. The applicant (developer) has indicated that the original setback of 25' was a mistake and should have been 20'. The purpose of this amended plat is to correct the front building setback on all lots to 20'. Article 8, Section 800 of the City of North Richland Hills Subdivision Regulations requires all amended plats to first be approved by both the Planning and Zoning Commission and the City Council. The section does not provide for any administrative authority on behalf of the staff to circumvent this process. Due to the nature of the applicant's request and impending contracts for sale, staff is processing this request as quickly as possible. Staff Review: Attached is a letter from the Public Works Department recommending the placement of this plat on the Planning and Zoning Commission and City Council agendas. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on November 18, 2004 recommended approval of AP 2004 -03 by a vote of 7 -0. Recommendation: To Approve AP 2004 -03 the Amended Plat of Lots 53-65, Block 1 and Lots 1 -9, Block 11 Brandonwood Estates Phase III Addition. Review Schedule: Application: 11/12/04 Final Hearing: 12/13/04 Total Review Time: 4 weeks Finance Review Source of Funds: M� Account Number Bonds (GO/Rev.) Sufficient Funds Avai a e Operating Budget (� Other �� Finance Director • • • ry a� North Tarrant Parkway N NRH W "*E AP 2004 -03 E Amended Plat S Lots 53 -65, Block 1 Lots 1 -9, Block 11 Brandonwood Estates Phase III Prepared by Planning 11/11/04 10. CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO APPROVE THE FINAL PLAT OF LOTS 53 -65, BLOCK 1 AND 1 -9, BLOCK 11 BRANDONWOOD ESTATES PHASE III BEING AN AMENDED PLAT OF LOTS 53 -65, BLOCK 1 AND LOTS 1 -9, BLOCK 11 (LOCATED IN THE 7700 BLOCK OF BARFIELDS WAY AND THE 8400 BLOCK OF JOHNS WAY — 6.700 ACRES). APPROVED The Chairman announced the case and noted that Mr. Long is also the applicant for this case. He called for any questions. Ms. Cole noted that the existing Brandonwood has 25 -ft. building lines rather than 20 -ft. Mr. Long explained that the ordinance at the time allowed 25 -ft. building lines. "The ordinance has been changed since then to allow 20 -ft. building lines and the builders are trying to build bigger houses on the same size lots. Normally, John Barfield deed restricts to 2,500 sq. ft. although the ordinance only calls for 2,000. He normally builds a bigger house than the ordinance calls for...." Chairman Davis: "...he needs more footprint. Any more questions for Mr. Long ?" Mr. Schopper, seconded by Mr. Sapp, motioned to approve AP 2004 -03 as presented. The motion was approved unanimously (7 -0). 11. ADJOURNMENT As there was no other business, the Chairman adjourned the regular meeting at 9:07 p.m. Chairman Richard Davis Page 20 11/18/04 P &Z Minutes Secretary Ken Sapp NRH November 11, 2004 MEMO TO: Donna Jackson, Planner �4j FR OM: Caroline Waggoner, Engineer Associate `-' SUBJECT: Brandonwood Estates Phase III Amended Plat: AP2004 -03 Public Works has reviewed the Amended Plat submitted to this office on November 8, 2004. We recommend placement on the next Planning and Zoning meeting agenda. We recommend placement on the next City Council Meeting Agenda following approval by the Planning and Zoning Commission. cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Planning Director CLW /pwm2004 -211 • CITY OF NORTH RICHLAND HILLS Department: Library Council Meeting Date: 12/14/2004 Subject: Authorize City Manager to execute an Interlocal Agreement Agenda Number: GN 2004 -106 for the North Texas Virtual Reference Library Consortium - Resolution No. 2004 -076 Background: An interlocal agreement between the cities of Irving, Carrollton, and North Richland Hills was approved in 2001 as part of a grant funded by the Texas State Library. The original agreement formed the North Texas Virtual Reference Library Consortium to provide a service called The Answer Zone over the Internet. The consortium was the first of its kind in the state, and helped pioneer the technique of providing interactive information service online. The cities of Denton, Euless, Fort Worth, Frisco, and Plano have since joined the Consortium, making it possible to offer online information service 24 hours a day, 7 days a week. The services provided by the Answer Zone include interactive virtual reference service over the Internet, remote online access to a wide selection of premium licensed databases, and remote access to each library's website. This Interlocal Agreement between the cities of North Richland Hills, Irving, Carrollton, Plano, Frisco, Euless, and Forth Worth covers the financial arrangement that funds provision of the service. It will be in effect upon execution of the agreement by all parties and end on September 30, 2005. The costs of the NRH Library's participation as described in the agreement total $5,037, and are included in the current fiscal year's budget. Recommendation: Approve Resolution No. 2004 -076. Source of Funds: Bonds (GO /Rev.) Operating Budget Other - bepartment Head Signature Finance Review Account Number 001 - 5002 - 542.64 -15 Sufficient Funds Available City Manag r Sig ature Director • RESOLUTION NO. 2004 -076 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: The City Manager is hereby authorized to execute an agreement for membership in the North Texas Virtual Reference Library Consortium. PASSED AND APPROVED this 14th day of December, 2004 ATTEST: • Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALTIY: George Staples, Attorney for the City APPROVED AS TO CONTENT: Steven L. Brown, Library Director • APPROVED: Oscar Trevino, Mayor • Interlocal Agreement North Texas Virtual Reference Library CONSORTIUM This Interlocal Agreement ( "Agreement ") is made and entered into by and between the libraries of the municipalities of Irving, Texas in Dallas County; Carrollton, Texas in Dallas and Denton Counties; Denton in Denton County; Fort Worth in Tarrant County; North Richland Hills, Texas in Tarrant County; Plano, Texas in Collin and Denton Counties; Frisco, Texas in Collin County; and Euless, Texas in Tarrant County (hereinafter referred to as MUNICIPALITY individually or MUNICIPALITIES when referring to all eight cities) for the mutual interest in providing expert library reference assistance to citizens in their municipalities. WHEREAS, each MUNICIPALITY is a duly organized political subdivision of • the State of Texas engaged in the administration of municipal government and related services for the benefit of the citizens; and WHEREAS, Chapter 791 of the Texas Government Code authorizes municipalities to contract with each other to the greatest extent possible to perform government functions and services; and WHEREAS, Section 271.102 of the Local Government Code permits a municipality to participate in cooperative purchasing programs with other municipalities; and WHEREAS, the MUNICIPALITIES are engaged in the provision of library service for the benefit of the citizens of these cities; and • � 0 WHEREAS, the MUNICIPALITIES hereby join in forming the North Texas Virtual Reference Library CONSORTIUM (hereinafter referred to as the CONSORTIUM); and WHEREAS, the CONSORTIUM has agreed to provide shared interactive virtual reference service over the Internet; and WHEREAS, the CONSORTIUM and each MUNICEPALITY agree to comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. NOW, THEREFORE, this Agreement is made and entered into by the MUNICIPALITIES as permitted by law. I. . The term of this agreement shall begin upon execution of the agreement by the MUNICIPALITIES and shall end on September 30, 2005. Additional annual renewals may be approved in accordance with paragraph IV and V and upon receipt of additional funding. H For the purposes and consideration herein stated and contemplated, the CONSORTIUM shall provide interactive virtual reference service over the internet without regard to race, religion, color, age, disability and /or national origin. The CONSORTIUM shall develop and maintain through the libraries one or more of the following programs of service: Interactive virtual reference service over the Internet 0 Remote access to each library's website. • Trained reference librarians or reference paraprofessionals to assist patrons of all ages. III. The CONSORTIUM shall designate the Director of Library Services, or his or her designee, of each MUNICIPALITY to act on behalf of the MUNICIPALITY to insure the performance of all duties and obligations of the MUNICIPALITY as herein stated. Further each Director shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this agreement, and shall provide management of software, hardware, equipment, supplies, employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of the agreement; and • VIBEREAS, the Director of Library Services of each MUNICIPALITY will form the Executive Committee to which each member MUNICIPALITY will participate and have an equal vote. IV. The CONSORTIUM shall designate the City of Irving as fiscal agent for grant funding purposes. Administration of funding, if applicable, will be provided by Irving. During the last 30 to 60 days of the funding year, service will be evaluated by the Executive Committee as to its effect. Consideration may be made to apply for additional funding from state, federal and/or private sources, which may become available, but approval and consent to apply for such funding will be required from each MUbICIPALITY based on each MUNICIPALITY's funding process. Each 0 MUNICIPALITY will share in paying operating costs during the term of the Agreement • in an amount not -to- exceed the amount set forth in the attached Exhibit "A" for each MUNICIPALITY respectively. Each party paying for the performance of governmental functions or services must make these payments from current revenues available to the paying party. Other cities may be permitted to join and share in operating costs after full approval of the Executive Committee. V. Any party to this Agreement may withdraw at any time, by giving sixty (60) days advance written notice to the other parties. Notice shall be sufficient if delivered by hand or via certified mail to the representative members of the Executive Committee. In the event of such withdrawal by the Cities of Carrollton, Denton, Euless, Fort. Worth, Frisco, Irving, North Richland Hills, or Plano, the other members of the Executive Committee . may agree to continue service and act as the Executive Committee. If any city chooses to withdraw, the remaining MUNICIPALITIES may agree to terminate the CONSORTIUM Agreement with no fiscal penalties. VI. This agreement represents the entire and integrated agreement between the CONSORTIUM cities and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by the governing bodies of each MUNICIPALITY in the CONSORTIUM. 0 Q 0 The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. VIII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible M The MUNICIPALITIES agree that each MUNICIPALITY will be independently responsible for any liability or damages that MUNICIPALITY may suffer as a result of claims, demands, costs or judgments, including reasonable attorney fees, • against it, including workers compensation claims, arising out of the performance of this agreement, or arising from any accident, injury or damage, whatsoever, to any person or persons, or to the property of any person(s) or corporation(s) occurring during the performance of the agreement and caused by the sole negligence of that MUNICIPALITY, its agents, officers and /or employees. The MUNICIPALITIES further agree that any liability or damages as stated above occurring during the performance of this agreement caused by the joint or comparative negligence of them, their employees, agents and officers shall be determined in accordance with the comparative responsibility laws of the State of Texas. • PH 0 The undersigned officers and /or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary ordinances or resolutions extending said authority have been duly passed and are now in full force and effect. • • r� L • 40 Executed in duplicate originals by the authorized representatives. MUNICIPALITY By: Name: Title: Resolution # Dated ATTESTED: By: City Secretary is ,, Lo I ' WIN �/' / � 11, • APPROVED AS TO CONTENT: Director, Library Services c: • • EXHIBIT "A" Billing Exhibit (2004 -2005) Lib Invoice Amount Carrollton Public Library $5,948 Lucile Dade, Director 1700 Keller Springs Road Carrollton, TX 75006 972 -466 -3362 lucile.dade(a cit of- arrollton.com $5,037 North Richland Hills Public Library Steve Brown, Director 6720 NE Loop 820 North Richland Hills, TX 76180 817 -427 -6813 sbrown� nrhtx.com ublic Library $8,182 aumbach, Director oit Road TX 75075 -3892 4 -4208 1hving, (d? lano. ov Public Library $7,379 anders, Director ox 152288 TX 75015 -2288 972- 721 -2628 pl,uiders(&iryinglibrpU.om Frisco Public Library $5,140 Ron Heezen, Director 8750 McKinney Road Frisco, TX 75034 972- 335 -5510 rheezen(a)friscotexas. ov Euless Public Library $4,858 JoAnn W. Rogers, Director 201 N. Ector Euless, TX 76039 817 - 685 -1482 ;roners0)ci euless.tx.us Fort Worth Public Library $15,085 Gleniece A. Robinson, Director 500 W. 3' Street Fort Worth, TX 76102 -7305 817 - 871 -7706 robinsG(a)ci.fort- worth.tx.us Denton Public Library $6,371 r--7 LJ • • Eva Poole, Director 3020 N. Locust Street Denton, TX 76201 940 - 349 -8750 eva. oole(-q),cit yofdenton.com Total $58,000 I 0 Executed in duplicate originals by the authorized representatives. MUNICIPALITY: City of Irving By:� Jy Name: Joe Putnam Title: Mayor Resolution # 10-21-n4- 32d Dated 10 -21 -04 ATTEMD: By: City S APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: CX, A4� Director, Library Services E ved I :::: tion 3�� • • • Executed in duplicate originals by the authorized representatives. MUNICIPALITY: City of Carrollton �I Naive: Beth Bormann Title: Assistant City Manager Resolution # 2 8 5 6 Dated November 2, 2004 ATTESTED: B City ecret APPROVED AS TO FORM: f r . ity Attorney APPROVED AS TO CONTENT: (Zb�r�,Libroary Services > .�q d t 1 a • Executed in duplicate originals by the authorized representatives. MUNICIPALITY: City of Plano Name: Thomas H. Muehlenbeck Title: City Manager City of Plano, Texas Resolution # 2004- 11 -20(R) Dated November 22 2004 ATTESTED: By: City Secretary • APPROVED AS TQ/FORM: Attorney APPROVED AS TO CONTENT: J.1 A4f Dire or, Library Services C • I* • Executed in duplicate originals by the authorized representatives. MUNICIPALITY: City of Denton Name: Eul ine Broc Title: Mayor Ordinance esc�lior� # 2004 -360 Dated November 16, 2004 A ESTED: By: • - ti I L/ City retar APPROVED AS TO FORM: City Attorney APPROVED AST ONTENT: Director, Library Services El 19 r Tutor.com Reference Services Inc. Service Order of Master Service Agreement REGEWED NOV 0 5 L004 IRVING PUBLIC LIBRARY This order for the online tutoring services set forth herein constitutes a Service Order of the Master Services Agreement' dated Augusl 20, 2004 between Tutor.com Reference Services ( "TCI ") and participating libraries, which are members of AnswerZone (the "Libraries "). AnswerZone Contact Information Tutor.coin Reference Services Contact Information Ms. Patty Landers Library Director, Irving Public Library Cliff Wilson 40 Fulton Street Irving Public Library, 801 W. Irving Blvd 9" Floor Irving TX 75060 Telephone: 972/721.2628 New York, NY 10038 Telephone: 720 /373.1990 Fax: 972/721.2763 pla.n,.de.rs..@irvin-,IibraT-y.oro;),Ievans@nrlitx.com Fax: 720/294.1236 CWilson @Tutor.com Services: Tutor.com Reference Services agrees to provide participating AnswerZone libraries with the following services, which are detailed in the attached Master Service document. The participating AnswerZone libraries agree to pay Tutor.com Reference Services the fees set forth below for the Ordered Service. Tutor.com will individually bill the ar iciviating libraries nstea below. Description air Services and Subscriptions Start End Unit Total Date Date Price Price Oct 1, Sep $9300 FuII Seat Subscription: Unlimited access on the Virtual Reference 2004 30, Network for use by any member(s) of Libraries staff, available 24 20, hours a day, 7 days a week, with no limit on usage, during the term of the Subscription. Participating libraries: Plano Public Library, Carrollton Public Library, Frisco Public Library, Euless Public Library, Fort Worth Public Library, Denton Public Library, North Richland Hills Public Library, Irving Public Library. The addition of new Libraries to AnswerZone will be agreed upon by all AnswerZone members and negotiated satisfactorily with Tutor.com Reference Services. Oct 1, Sep $800 $1600 Implementation and Training: Implementation and customization of 2004 30, the Virtual Reference Desk login area on Libraries Web site(s), 2005 configuration of queues and Seats. Set up and training materials, and two consecutive days of online staff training for Fort Worth Public Library and Denton Public Library at $800 each. Electronic access to all training and support documentation is provided. Unit price is one- time. not per Year. l ct , 6ct 1 O Se p $47,100 Online Reference questions answered by reference staff in response to Se requests made through the Libraries' web site or other Library- created 20, portals. Responses to questions are provided as a subscription agreement to be used within the subscription agreement. • Monday through Thursday 6:00p.m — 9:00a.m. • Friday and Saturday 5:00p.m. — I0:00a.m. • Sunday and Monday 5:00p.m. — 9a.m. Backup coverage after two minutes Emergency staff coverage 'In the event of a conflict among the Master Service Agreement and any terms and conditions contained in any purchase order issued by the Libraries, the order of priority for purposes of interpretation shall be the Master Services Agreement. Any terms and condition contained in a purchase order issued by the Libraries shall not be controlling. #3x1706 Q t 11 r CJ The Librarians By Request manager will work with you to create your LBR Policy Manual. No changes will be made to policies without agreement from both parties. SPECIAL BILLING: See attached Billing Exhibit. X751706 0 1 A THIS MASTER SERVICES AGREEMENT, made as of August 20, 2004 ( ,,Effective Date ") by and between Tutor.com Reference Services, Inc. ( "TCl ") with its principal offices at 40 Fulton St, New York, NY 10038 and participating libraries which are members of AnswerZone (the "Libraries") with its principal es at 4 sets forth the mutual understandings of TCI and the Libraries with respect to the delivery by TCI and the purchase by the Libraries principal the web -based communication services as set forth in the then current service order (each a "Service Order" and collectively, the "service Orders "), the first of which is attached hereto, the "Services"), For purposes of the parties' understanding the fi "Agreement" between the parties shall consist of the terms and conditions set forth in this Master Services Agreement, the Service Orders, and any other agreements attached hereto or subsequently signed by both of the parties and that reference this Master Services Agreement (collectively "the Agreement "). In the event of any conflict between the terms and conditions of this Master Services Agreement and any subsequent agreement between the parties, which does not specifically amend this Master Services Agreement or Service Order of the Master Services Agreement, this Master Services Agreement shall take precedence. Irving Public Library is a signatory on behalf of the participating Libraries, but any liability outlined below is the responsibility of each individual participating Library. 1. License a. Grant. TCI hereby grants to the Libraries a non - exclusive non - transferable, limited license to use the Services during the Term (as defined below), subject to the terms and conditions set forth in this Agreement. TCI hereby grants to the Libraries the right to permit Users (as defined below) to use the Services in accordance with the terms of the Libraries' permitted use under this Agreement. b. Limitation to Grant. Except as set forth herein or in any attachment to this Agreement, the Libraries shall not use the Services in any manner to provide web -based communication Services to any third party, nor shall the Libraries sublicense, transfer or distribute the Services, or any portion thereof, to any third party. Libraries acknowledges that no source code or technical level documentation, which is provided by TCI in connection with the Services licensed under this Agreement. C. Reservation of Rights. TCI reserves all other rights to the Services, including without limitation the right to access and modify the Services for training, maintenance, upgrades, and security purposes. 2. Setup a. TCI Responsibilities. TCI shall set up and deliver to the Libraries the Services for launch on a date mutually agreeable to the parties. b. The Libraries' Responsibilities. The Libraries shall provide TCI with all information needed to develop and launch the Services. 3. Proprietary Rights a. Libraries Properly, The Services shall allow the Libraries and the Libraries' administrators, teachers, students, and the parents or legal guardians (collectively the "Users ") to post User information and content on the Libraries TCI websites (collectively the "Libraries Property "). The Libraries shall retain all rights to the Libraries Property. For the avoidance of doubt, Libraries Property shall not include the look and feel of the TCI template pages and the source or object code for the TCI template pages. To the extent permitted by law, the Libraries agrees to indemnify and hold TCI harmless from and against any and all losses, damages, costs, expenses, fees and charges (including, without limitation reasonable attorneys fees and disbursements, "Damages ") arising from or relating to the Libraries Property. The parties acknowledge and agree that TCI has no editorial control over the Libraries Property. b. TCI Properly. Except for the Libraries Property, all aspects of the Services, in whole or in part, including but not limited to the look and feel of the TCI template pages, and all intellectual property and/or proprietary tights therein, including without limitation, copyright, moral rights, patent rights (including patent applications and disclosures), trademarks, rights of priority, publicity rights, and trade secret rights, recognized in any country or jurisdiction in the world, are the sole and exclusive property of TCI (the "TCI Property "). The TCI Property shall include all changes and addition to the Services and all derivatives works thereof. C. Any and all data generated by Libraries and its Users is the Property of both the Libraries and TCI. d. Proprietary Notices. The Libraries shall not delete or in any manner alter the copyright, trademark, or other proprietary notices of TCI, if any, appearing on the Services as delivered to the Libraries. The Libraries shall reproduce such notices on all copies it makes of the Services. e. Obligation to Parties. The Libraries shall use commercially reasonable efforts to protect the TCI Property and all of TCI's rights therein and to cooperate in TCI's efforts to protect its proprietary rights. The Libraries promptly shall notify TCI of any known or suspected breach of TCI proprietary tights to the Services that may come to the attention of the Libraries. Libraries acknowledges and agrees that this Agreement in no way shall be construed to provide to Libraries, or any other person or entity, any express or implied license to use, copy, reverse engineer, or otherwise exploit the TCI Property or Services or any portion thereof (including any intellectual property embodied therein) other than as specifically set forth in this Agreement. 4. User Information. TCI shall not disclose to any third party any information that would permit identification of an individual, without obtaining the prior written consent of the Libraries, or if TCI's reasonable judgment it is required by law, the permission of any other party, unless so required by a court or administrative authority of competent jurisdiction. TCI reserves the right, in accordance with applicable law, to disclose aggregate usage, demographic, and other information relating to usage by the Libraries and its Users of the services for the purpose of 0) training, research, product development, and professional development (ii) improving the product (iii) informing the Libraries of its use of the Services to improve adoption of the Services within the Libraries; and/or (iv) demonstrating usage of the Services to other Libraries (potential Libraries) and TCI investors. The Libraries is hereby granted on- demand access to user information, with all personal information removed, for its training research, marketing and professional development. The Libraries hereby grants TCI the right to use quotes from faculty and staff regarding the Services for the limited purpose of marketing and public relations. However, other than TCFs right to refer to Libraries as a customer of TCI, which is hereby permitted, TCI shall not publish any press releases regarding the Libraries' use of the Services or quotes from the Libraries faculty or staff without obtaining the prior written consent of the Libraries. TCI has adopted and conducts its business in accordance with a privacy policy and terms of use with respect to the use of personal information. The TCI terms of use are available at TCFs www.tutor.com website and the Library has had an opportunity carefully to review such terms. The Librarians By Request manager will work with you to create your LBR Policy Manual. No changes will be made to policies without agreement from both parties. 5. Personal Data. The Libraries agrees to provide TCI with its specified tinteframe for having all personal data overwritten. For purposes of this document, this includes, but is not limited to: session logs, surveys, and other client — generated data which contains personal identifiable information. TCI hereby agrees to overwrite all personal data, which is over 90 days from the date of the session, unless specified otherwise in this document. The Libraries must notify TCI in writing of any data storage requirements and procedures. 6, Payment. The Libraries hereby agrees to pay TCI from current funding as available the amounts set forth in the Service Order. Payment shall be made to TCI within 30 days of the invoice date in the following amounts:. North Richland Hills $5037, Fort Worth $14285, Denton $5571, Plano • $8182, Irving $7379, Euless $4858, Frisco $5140, Carrollton $5948. Fort Worth Public Library and Denton Library agree to pay $800 each for training listed in Description of Services section above. All overdue payments will bear interest at a rate of 12% per annum or at the maximum interest rate allowable by law. Payment obligations shall survive terminations of the Term. 7351706 v3 I r +' 7. - Users. a. Acceptable use. Before launch of the Services, the Libraries is responsible for adopting reasonable guidelines regarding use of the services in the form of an "Acceptable Use Policy" that contain restrictions and obligations upon Users that encourage propeir use and censure 0 activities that violate applicable laws and regulations and as of the launch date shall make available to all Users such Acceptable Use Policy on the Libraries' TCI websile. Upon request, TCI shall provide the Libraries with guidelines to assist the Libraries in developing its Acceptable Use Policy, it being understood that the guidelines adopted by the Libraries shall be the sole responsibility of Libraries notwithstanding the TCI provision of guidelines to Libraries. b. User Behavior. The Libraries hereby acknowledges and agrees that that TCI is not responsible for monitoring use of the Services and /or for enforcing compliance with the Libraries' Acceptable Use Policy and all applicable laws and regulations. To the extent permitted by law, the Libraries shall indemnify and hold harmless TCI from any and all claims, demands, liabilities, obligations, taxes, losses, fines, costs, expenses, royalties, litigation, deficiencies or damages by any third party (including reasonable attorney's fees and costs of investigation) arising out of any Users' use of the Services pursuant to this Agreement and /or the breach by Libraries of any of its representations, warranties andlm' covenants in this Agreement. The Libraries shall maintain during the Term reasonable insurance protection for claims arising out of Users' use of the Services. C. Tutor.com agrees to indemnify the Libraries for claims relating to the negligent, improper or illegal use of the Service by a TCI tutor. S. Representations. Each of TCI and the Libraries represents, warrants and covenants to the other that: a. Such party, has, and will have, the full power, authority, and legal right to enter- into and perform fully its obligations under this agreement. b. Neither the execution and delivery of this Agreement not the consummation of transactions contemplated hereby will (i) violate any provision of the chafer or by -laws of such pany, or any laws, ordinances, rules, regulations, codes or policies to which such party is subject to or (ii) conflict with, result in breach or violation of, constitute a default under, or require any notice under any agreement to which such party is party or by which it is bound or to which any of its assets is subject. C. Such party shall comply at its own expense with all applicable laws, ordinances, rules, regulation, codes and policies in connection with its performance under this Agreement; and d. Such party has all rights and authorizations necessary to grant the rights and licenses set forth herein. 9. Term, Termination a. Either party may terminate this Master Services Agreement, at any time if the other party commits a material breach of this Master Services Agreement that remains uncured for a period of thirty (30) days following written notice thereof. b. TCI may terminate this Master Services Agreement upon thirty (30) days prior written notice to the Libraries (i) if the Libraries fails to pay any amounts owed to TCI when due, or (ii) at any time when the parties have not entered into a Service Order or other agreement pursuant to which the Libraries is bound to pay TCI fees or upon sixty (60) days notice for any reason not aforementioned. d. This Master Services Agreement may be terminated at any time by mutual, written agreement of TCI and the Libraries. e. For purposes of this Agreement, "Term" means the period commencing with Effective Date and ending at the effective time of termination pursuant to this Section 8. All obligations to indemnify TCI under this Agreement shall survive any such termination of the Term. f. TCI will deliver to the Libraries any revised pricing for the renewal period within sixty (60) days of the effective termination date pursuant to this Section 9. 10. Disclaimer of Warranty. The Libraries hereby agrees and acknowledges that the Services are provided on an "as is" basis without any express or implied warranty TCI does not warrant that Services or TCI Property will be error -free in all circumstances. In the event of a defect in the • Services or TCl Property, Libraries' sole remedy shall be to have TCI use commercially reasonable efforts to correct any nonconformity in the TCI Property computer code, either by modification to such TCI Property computer code, or via workaround. TCI's obligation so to use commercially reasonable efforts shall be Libraries' sole and exclusive remedy for any such operational defect or error in such TCI Property, and such obligation shall constitute TCI's entire liability therefore in contract, tort, strict liability or otherwise. TCI shall have no obligation to use commercially reasonable efforts to correct nonconformities resulting from (i) any modifications of such TCI Property not authorized by TCI; (ii) any use or misuse thereof contrary to TCI's specifications; (iii) TCI Property that has been installed or operated in contravention of requirements contained in such specifications; (iv) TCI Property that has been superseded by later versions, updates, upgrades or releases lacking such nonconformity; (v) TCI Property which operates properly in combination with third party software or hardware recommended by TCI; or (vi) TCI Property which has been modified by Libraries or a User not in accordance with the TCI's specifications or applicable guidelines. 11. Confidentiality. Each party shall retain in strict confidence the confidential information of the other party. Libraries hereby acknowledges that the TCI Property is Confidential Information of TCI. Confidential information also includes, without limitation, trade secrets, TCI Property documentation, specifications, designs, development plans, business plans, sales projections, business records, prices and customer lists. The terms of this Agreement shall not be considered Confidential Information. The obligations of confidentiality set forth in this Section 11 shall survive termination of the Term. In the event of any breach of the provisions of this Section 11, Libraries agrees that TCl would suffer irreparable harm and shall therefore be entitled to obtain injunctive relief against Libraries in addition to any other rights and remedies available to TCI at law or in equity, or otherwise. Libraries shall have no liability for the disclosure of confidential information as required by law or other legal action. 12, WARRANTY DISCLAIMER; LIMITATIONS ON LIABILITY OTHER THAN AS EXPRESSLY PROVIDED HEREIN, INCLUDING IN SECTION 9 ABOVE, THE TCI PROPERTY IS PROVIDED WITHOUT, AND TCI EXPRESSLY DISCLAIMS, ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, TCI MAKES NO WARRANTY OR REPRESENTATION THAT THE TCI PROPERTY OR SERVICES WILL MEET LIBRARIES'S REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR APPLICATIONS PROVIDED BY THIRD PARTIES, THAT THE OPERATION OF THE TCI PROPERTY OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE TCI PROPERTY OR SERVICES WILL BE CORRECTED. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE. THIS LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IN NO CASE SHALL TCI'S AGGREGATE LIABILITY FOR ALL MATTERS ARISING OUT OF THE SUBJECT MATTER OFTHIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY RECEIVED BY TCI UNDER THIS AGREEMENT. • mmuffmI V, 4 i d 13. Miscellaneous. a. Assignment. This Agreement may not be assigned by a party hereto without the prior written consent of the other parry; provided that TCI may assign its rights and obligations under this Agreement (without the prior written consent of Libraries) to any surviving party in a merger • or consolidation in which TCI is a party or to any party that acquires all or substantially of TCFs capital stock or assets. b. Choice of Law; Jurisdiction. This Agreement will be governed by and construed and enforced in accordance with the substantive law of the State of the Libraries, and any and all claims arising hereunder shall be subject to the exclusive jurisdiction of courts residing in that jurisdiction. C. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument; however, this Agreement will be of no force or effect until executed by both parties. d. Waivers. No term or provision shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. The waiver of either party hereto of any right hereunder or of the failure to perform or of a breach by the other party shall not be deemed a waiver of any other right hereunder or of any other breach or failure by such other party whether of a similar nature or otherwise. • L J On behalf of the Libraries: Nam�e / Title Date #351706 v3 On behalf of Tutor.com Reference Services: I�Tar�e Title (( — % -6)V Date V- � is • Billing Exhibit ID1 . invnira nrrnrdinaly' Library Invoice Amount Carrollton Public Library $5,948 Lucile Dade, Director 1700 Keller Springs Road Carrollton, TX 75006 972- 466 -3362 1Licile.dade ci'citvofcarrollton.coiiI North Richland Hills Public $5,037 Library Steve Brown, Director 6720 NE Loop 820 North Richland Hills, TX 76180 817 -427 -6813 sbrown @nrhtx.conl Plano Public Library $8,182 Joyce Baumbach, Director 2501 Colt Road Plano, TX 75075 -3892 972 - 964 -4208 'ovce.b « lano.Qov Irving Public Library $7,379 Patty Landers, Director P.O. Box 152288 Irving, TX 75015 -2288 972 -721 -2628 glanders @irvinglibrarv.ore Frisco Public Library $5,140 Ron Heezen, Director 8750 McKinney Road Frisco, TX 75034 972 - 335 -5510 rheezen @f6scotexas.gov Euless Public Library $4,858 JoAnn W. Rogers, Director 201 N. Ector Euless, TX 76039 817 - 685 -1482 irogers @ci.euless.tx.us Fort Worth Public Library $15,085 Gle.niece A. Robinson, Director 500 W. 3`d Street Fort Worth, TX 76102 -7305 817- 871 -7706 robinsG C'cl. fort- Wortll.tx.L1S Denton Public Library $6,371 Eva Poole, Director 3020 N. Locust Street Denton, TX 76201 940 - 349 -8750 eva. oole@citvofdenton.con, Total $58,000 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 12/13/04 subject: Set Date for a Public Hearing for the Comprehensive Land Agenda Number: GN 2004 -107 Use Plan, Impact Fee CIP Program and Impact Fee Rates The City hired the engineering firm of Freese and Nichols, Inc. (F &N) to prepare an update to the City's impact fee program. F &N has completed their work and it is now necessary for City Council to set a public hearing for the 3 components of the impact fee update. A public hearing will need to be held over the Comprehensive Land Use Plan, the Capital Improvement Projects (CIP) Program necessary to provide the water and wastewater system improvements and the proposed impact fees. A published notice will be required for the public hearing as per the City Charter and State law. The purpose of this item is for Council to set the public hearing date. The recommended date for the public hearing is set for January 24, 2005 at 7:00 p.m. Immediately following the public hearing on January 24, 2005, staff will present an action item requesting Council to consider adopting each component. Recommendation: To set the date for the public hearing to be conducted on January 24, 2005 at 7:00 p.m. for the Comprehensive Land Use Plan, Impact Fee CIP Program and Impact Fee Rates. Source of Funds: Bonds (GO /Rev.) Operating Budget Other De artment Head Signature Finance Review Account Number Sufficient Funds vailable City M Finance Director Budget Director Page 1 of of that location. From the north, if you see the NTB and the bays, the next thing iyou will see are the drive -thru lanes for the bank and he doesn't believe those are any prettier than the bays of NTB. He doesn't see an inconsistency. Ms. Cole stated that the entry focal point is the bank. If a wonderful gateway entrance was wanted, the lot where the bank sits was the opportunity to do that. Mr. Schopper stated that Loop 820 is a gateway also and there is an NTB right on the Loop. He believes our gateway is more Davis Blvd. than Precinct Line Rd. He has a problem with the statement that "the third one's not on the table yet. We know that it's coming. The developer is right in that it was laid out for these types of uses." He likes the berms and the curvy sidewalks, but recognizes that consistency is a good thing. Chairman Davis encouraged the Commission members to make their decisions based on this site and this site alone with what is before them, whether there be one more case or five more cases of the same type of use. He stated that existing conditions are a factor and that the Commission members should consider what kind of impact this piece of property and this type of use has on this commercial community. Mr. Bowen asked that additional stipulations be added to the motion: 1) HVAC units are properly screened; and 2) remove the "pylon" sign notation on the landscape plan and replace with "monument" sign. The motion and second agreed to those stipulations. The motion was approved 5 -2 -0 with Mr. Sapp and Mr. Wood voting against. • • NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: SUP 2004 -03 Applicant: Mike Clark representing United Farris Realty, Inc. Location: 8509 Precinct Line Road, being Lot 2, Block 1, Davis Towne Crossing You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: Mike Clark representing United Farris Realty, Inc. is requesting a Special Use Permit (SUP) to build a NTB retail tire store on the above location. A Public Hearing to consider this request will be held at the time and place stated below. This request has been recommended for approval by the Planning and Zoning Commission. Public Hearing Schedule: Public Hearing Date: CITY COUNCIL MONDAY, DECEMBER 13, 2004 Time: 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 City of Keller City of Colleyville Cimarron Richland LP 1100 Bear Creek Pkwy 5400 Bransford Rd 16000 Dallas Pkwy Ste 300 ItBox 770 P O Box 185 Dallas, TX 75248 -6609 er, TX 76244 Colleyville, TX 76034 James makens 3231 Harwood Rd Bedford, TX 76021 -3901 Barney's Rubble Inv LP P O Box 93555 Southlake, TX 76092 -0114 • • Davis Towne Crossing LP 16000 Dallas Pkwy Ste 300 Dallas, TX 75248 -6609 Mike Clark 6750 Hillcrest Plaza #100 Dallas, TX 75230 Target Corportation P O Box 9456 Minneapolis, MN 55440 -9456 CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 12/13/04 Subject: Public Hearing and Consideration of an Appeal Request Agenda Number:SUP 2004 -04 from Edward Moore for a Special Use Permit (SUP) to Build a Goodyear Retail Tire Store and Minor Auto Repair (Located in the 8500 Block of Davis Boulevard - 1.312 acres) - Ordinance No. 2813 Denied by the Planning and Zoning Commission on 11- 18 -04. Case Summary: The applicant is requesting approval of a Special Use Permit (SUP) to build a Goodyear Tire Store with minor auto repair at the above address. The current zoning of the site, "C -1" Commercial, requires approval of a SUP for this type of use. A SUP request must demonstrate that the character of the proposed use is appropriate for this specific location. In addition, the required site plan should demonstrate that any impact of this use upon adjacent properties has been mitigated by the design elements of the project. The design element details of this application including parking, setbacks, building materials, landscaping /screening, fire lanes ... etc. meet all current city standards. However, staff requires additional detail and calculations for site drainage in order for the site plan to be acceptable. Because of this, the applicant's request is for approval of the proposed land use and conceptual site plan with the final site plan to be presented to the Planning and Zoning Commission and Council for consideration at a later date. Existing Land Use /Site Attributes: The site is vacant and exhibits a downward slope to Davis Boulevard. Plat Status: A preliminary plat for this site is currently under review by staff. Comprehensive Plan: The Comprehensive Plan indicates Neighborhood Service uses for this area. These uses include limited service establishments and retail stores for the benefit of adjacent and nearby residential areas. The applicant's proposed use is basically automobile - related in nature. This level of use is usually associated with commercial uses that are more intensive than those depicted by the Comprehensive Plan. However, in 2003, a SUP was approved on a nearby "C -1" -zoned tract for a Discount Tire Store (ref. Source of Funds: Bonds (GO/Rev.) Operating Budget O , SP 2004 -04 Goodyear Tire Store CC Finance Review Account Number Sufficient Funds Available Finance Director City Manager ign ure CITY OF NORTH RICHLAND HILLS PZ 2002 -41). In addition, the existing Wal -Mart Superstore, while primarily a retail- oriented use, does have a tire and minor auto repair facility. A SUP request for a National Tire & Battery facility is proposed nearby and is also on this agenda for consideration (ref. SUP 2004 -03). This proposed use, however, does not include minor auto repair. Thoroughfare Plan: The site has limited frontage along Davis Boulevard, a 6 -lane, divided, principal arterial with a 120' R.O.W. Adjacent Zoning / Land Use: North: "0-1 ", "C -2 "/ Vacant, Large lot residential with out buildings East: "C-1"/ Retail, bank South: "C -1 V Vacant West: "AG "/ NRH water tower Design Elements Building Design and Materials: • The site plan proposes a single -story building of approximately 6,864 square feet in size (no architectural standards required); • Building materials consist of a brick masonry exterior with stone accents. The roof is a "pitched" design with composition materials and vented cupola accents; • The building design does incorporate changes in material design, texture and color with an extended entryway projection; • The building is oriented in an east -west direction, perpendicular to Davis Boulevard; • A total of 5 bay doors are shown both on the front and rear of the building (10 total); • No EFIS materials are proposed; • A dumpster pad is located in the northwest corner of the site and will be screened with materials to match the building; • A 2 -tier combination retaining wall and sound wall of varying height is shown along a portion of the northern boundary (rear of building). The retaining wall (both 2 -tier and single -tier) continues along the western boundary and portions of the southern boundary. The wall will be built of materials to match the building. Access and Parking: • This site does not have direct access to Davis Boulevard. Instead, access will be provided by a common access easement through the adjacent property to the south (future retail pad site). This access easement will be filed by separate instrument; • A total of 14 parking spaces are required for this use, 38 are provided; • A 24' Fire Lane will encircle the building; • A 5' sidewalk connecting the existing sidewalks from adjacent properties is shown. Landscaping and Screening: • A 25' combination landscaped area and drainage detention pond is proposed for portions of the site's frontage along Davis Boulevard; • This landscaped area includes two Crepe Myrtles, one Live Oak tree and a row of Burford Hollies for screening. This landscaping is consistent with ordinance requirements; • Additional landscaping is shown along the southern and western boundaries and in front of the store entrance. This proposed landscaping includes ornamental trees and shrubs in- between the ` two tiers of the retaining wall. This landscaping exceeds ordinance requirements; • Total landscaping provided (19.7 %) exceeds the minimum 15% required by ordinance. Signage and Lighting: • The site plan notes a monument sign location along the Davis Boulevard frontage; • The sign elevation indicates that the proposed sign is consistent with current regulations for materials, sign face and total square footage requirements, • A total of 6, 20' metal light standards are indicated throughout the parking lot. Each standard contains a 400 -watt Halide fixture oriented toward the ground. Letters of Support and Opposition: Staff has received several letters (attached) both in support and opposition to this request. Attached is a map showing the location of those properties and owners that are in support of this request and those owners in opposition. Petition of Opposition: A petition of opposition was presented to the Planning and Zoning Commission during their deliberation (attached). All of the property owner names appearing on the petition are located outside of a 200' radius from the subject tract. As such, the petition is not valid under state law and does not require a super majority (3 /4th) vote by the Council to approve this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on November 18, 2004, recommended denial of SP 2004 -04 by a vote of 7 -0. Although specific reasons for denying the request were not included in the Commission's motion, general dialog among the Commission members indicated that they felt the use at this specific location would create adverse effects to surrounding properties especially single family residential. For further insight into the Commission's reasoning, please refer to the attached minutes. Applicant's Appeal to the Commission's Recommendation: Article 2, Section H of the Zoning Ordinance considers a recommendation of denial by the Planning and Zoning Commission to be final within 10 days of the recommendation unless appealed to the City Council by the applicant. Attached is a letter from the applicant's representative appealing the Commission's recommendation to the Council. The appeal is within the 10 day deadline prescribed by ordinance. Revisions to Site Plan by Applicant: Following the Commission's recommendation for denial and as part of the applicant's appeal, several revisions and additions have been made to the proposed site plan. These include: • The addition of light standard locations and details; • An embellishment of landscaping along the northern and western boundaries of the site; • The addition of a sound wall along a portion of the northern property line; • Hours of operation identified to include: 9:00 a.m. — 6:00 p.m. Monday through Friday, 10:00 a.m. — 6:00 p.m. on Saturday (possible extended hours on holidays). The store will not be open on Sunday. �• Additional graphic information has been provided indicating the distance from the proposed building to nearby residences. Staff Recommendation: Approval of Ordinance No. 2813 subject to the applicant submitting a final site plan for review and approval. Schedule: Application: 8/9/04 Final Hearing: 12/13/04 Total Review Time: 18 weeks (This request required additional time to allow the applicant to submit sufficient information to be reviewed by staff.) R • • N NRH W kz, E SUP 2004 -4 8500 Block of Davis S Brentwood Estates Addition Special Use Permit Retail Tire Store Prepared by Planning 11/02/04 Feet 0 100 200 400 t. S 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 ,�A ORDINANCE NO. 2813 ZONING CASE SUP 2004 -04 AN ORDINANCE AMENDING ZONING OF PROPERTY LOCATED AT 8500 DAVIS BOULEVARD IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR A GOODYEAR RETAIL TIRE STORE AND MINOR AUTO REPAIR FACILITY; ESTABLISHING A PENALTY; AND PROVIDING FOR PUBLICATION. 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 North Richland Hills at least 15 days before such hearing; and, WHEREAS, public hearings to change the zoning on 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 Official Zoning Map of the City of North Richland Hills are hereby amended by changing the zoning of 1.312 acres located in the 8500 Block of Davis Boulevard, more specifically described on Exhibit "A" hereto, in the City of North Richland Hills, Tarrant County, Texas, and granting a specific use permit to build a Goodyear Retail Tire Store and minor auto repair facility. Section 2: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordinance No. 2813 Page 1 of 2 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. AND IT IS SO ORDAINED. Passed on this 13th day of December, 2004. ATTEST: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George apl s, Attorney APPROVED AS TO CONTENT: Dave Green, Director of Planning Ordinance No. 2813 Page 2 of 2 [--I Pi • EXHIBIT "A" TO ORDINANCE NO. 2813 METES & BOUNDS DESCRIPTION A 1.312 Acres Tract of Land North Richland Hills, Texas BEING a tract 1.312 acre tract of land situated in the Thomas Peck Survey, Abstract No. 1210 City of North Richland Hills, Tarrant County, Texas, and being a portion of tract 1 D2 of BRENTWOOD ESTARES that certain 5.166 acre tract of land and recorded in Cabinet A, Slide 5312 of the Deed Records of Tarrant County, Texas situated in the city of North Richland Hill, Tarrant County, Texas and being more particularly described as follows: COMMENCING at a % inch iron rod found for a corner at the southeast corner of tract, and also being in the right of way line of Shady Grove Road (variable R.O.W.) and Davis Blvd (120 ft R.O.W.); thence S 300 39' 42" E, for a distant of 340.75 feet to a %Z" iron rod set for a corner; said point also being the POINT OF BEGINNING; THENCE S 590 20' 18" E, a distance of 319.97 feet to a %" iron rod set for corner; THENCE N 010 19' 30" E, a distance of 215.00 feet to a' /" iron rod found for corner; THENCE S 520 37' 05" E, a distance of 410.64 feet to a' /2" iron rod found for corner; THENCE S 01 ° 16' 08" E, a distance of 49.25 feet to a' /z' iron rod found for corner; THENCE S 300 39'42" E, a distance of 92.45 feet to a %" iron rod, to the Point Of Beginning and containing 57,139 s.f. or 1.312 acres of land, more or less. 6. SUP 2004 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM EDWARD MOORE FOR A SPECIAL USE PERMIT (SUP) TO BUILD A GOODYEAR RETAIL TIRE STORE AND MINOR AUTO REPAIR (LOCATED AT 8500 DAVIS BLVD. — 1.312 ACRES). DENIED This request is for a Goodyear Tire Store located on the west side of Davis Blvd. across the street from the Wal -Mart development. The property immediately to the west of this site is the City's elevated storage water tower. The property is zoned C -1. The request requires a special use permit. This building will be perpendicular to the street. Access to this site will be provided by an additional future retail development which will be immediately to the south of the Goodyear location. This site has a very narrow width along Davis Blvd. The landscaping is internal to the site, and particularly toward the rear of the lot, none of the landscaping as shown is required by ordinance. The ordinance requires landscaping along the public street with tree islands through the development as warranted. The applicant is proposing an all masonry structure. The building has a pitched roof. There are accents on the pitched roof. There is a defined entranceway with stone accents. The bays will run north and south. The property to the north is zoned C -2, which is not a retail district but a commercial district. The Wal- Mart property to the east across the street is zoned PD, and the Target development is zoned C -1. To the south of this site is proposed future retail which is zoned C -1. The properties to the west are large lots with residential structures and are zoned AG. The applicant has submitted three letters of support from adjacent property owners (commercial and the AG zoned property). There have also been two letters of opposition. A site plan providing final engineering drawings has not been completed yet as staff would like to know whether or not a Goodyear Tire Store is a good fit for this location before these drawings are requested. The Public Works Department has attested that this particular site, in terms of the information that is shown on these plans, is consistent with city requirements. There are drainage issues. The Summit Bank property to the south has a large drainage detention area in the front. Both of these developments will also have drainage detention in the frontage area as well. The sizing, dimensions and flow characteristics have yet to be final designed; therefore, this is a conceptual plan. The applicant is looking for an approval of the land use — is this a good area, a good site, for the Goodyear store. Subject to receiving approval of that, the final design elements will be put into place and a final plan will be brought back to the Commission. Chairman Davis asked if the 7 -ft. sign fits within the ordinance. Mr. Green explained that 7 -ft. is the maximum height allowed for a monument sign. Chairman Davis stated that for such narrow frontage on Davis he feels this is too big of a sign. Page 7 11/18/04 P &Z Minutes • Mr. Shiflet stated that there is cross access easement along the backside. He asked if it connects with the Summit Bank property. Mr. Green explained that it does and it was purposely put there to be incorporated into Summit Bank's. Mr. Shiflet said that there would then be Shady Grove access. Mr. Green responded that in a roundabout way there could be access. A person could choose to access the backside of the bank and follow the fire lane to the Goodyear site. Mr. Shiflet asked if the traffic signal at Target would be a possible use for this site. Mr. Green stated the signal at Target is a distance away to the north of this site. Mr. Shiflet stated that access to and from this site would not then be at a signalized intersection. Mr. Green responded that it would not. Mr. Shiflet asked if access is through the current driveway of Summit Bank. The applicant responded that it is. Chairman Davis opened the public hearing and asked the applicant to come forward. Ed Moore, 5601 Courtyard Drive, Austin, stated that he used to live here and for the last 20 years he has been doing work for Goodyear. He stated that they have built a lot of these stores in very sensitive areas. He stated that Goodyear is a 101 - year -old company with a remarkable success rate. They do not like to go where they are not wanted. They do an in -depth market research plan before they choose sites. He stated that these are very expensive buildings for their size, that this area was picked for several reasons, and that they are not like other tire stores. The other stores, including Wal -Mart, deal in cheaper tires. This store could be compared to a Neiman Marcus. They deal in expensive tires and expensive repair. Major repair is not done, only minor repair. Goodyear's targeted customers have an income of at least $50,000 to $60,000 a year and higher. Mr. Moore stated that all of the buildings are made of quality material. There is no EIFS, no fake material, no fake rock. All of it is very high quality material. Mr. Moore obtains the location, gets the lease from Goodyear and he supervises getting the store built. He stated that he has a good quality group. Mr. Moore spoke to Mr. Anderson [owner of the contiguous property north and west of the proposed Goodyear], and the Wilson's [owners of contiguous property south and west of the proposed Goodyear] who had no objection to the development of the Goodyear Tire and Automotive Center. Mr. Moore also stated that he has several stores in Austin, and there were people opposed who spoke at the Council meetings, yet both P &Z and Council voted for it and ironically during the next two years some of his best customers were the people who were originally opposed. Mr. Moore stated it was a needed store. He said that as far as longevity, Goodyear signs a long lease and will remain in the location. They will be a good citizen, do a lot of business and pay a lot of tax. Mr. Moore stated that the residential adjacent to the water tower will not be able to see this location. It will only be visible from Davis. He stated that the Goodyear building will be much prettier than the bank. He explained that they are going to cut down the site and build an 8 -inch concrete retaining wall. There will be a nice, paved easement up to the water tower. There are two million gallons in that tower and they will not allow any Page 8 11/18/04 P &Z Minutes possibility of erosion. He stated that Goodyear intends to be there a long time and will be a good citizen. Pan Sribhen, Project Engineer, PSA Engineering, 17819 Davenport Rd., Suite 215, Dallas, stated that they have submitted a traffic study which shows that there will be no impact in terms of ingress /egress. There will be a fire lane exit to Shady Grove. The building sits 100 -ft. away from Davis Blvd. The first bay door is 150 -ft. from Davis Blvd. The future building will screen the bay doors from traffic. They have worked with the City to provide fire lanes around the building and access to the water tower, which currently has a gravel driveway which they propose to pave. They plan to build 10 -ft. high retaining walls. The site slopes to Davis Blvd. so the detention pond will have to be in the front. They are proposing a pink colored brick with' Austin stone highlights and columns. Cupolas have been added to the top. There is a nice entryway to the showrooms. All shrubbery along the front provides screening. There will be live oak trees. Crepe myrtle will be planted 7 -ft. tall at time of planting. Shrubbery will be 3- caliper. He stated that the sign is a monument sign and meets all City requirements. Nick Ibarra stated that he represents the owners of the property contiguous to the south. They are under contract to Mr. Moore for the Goodyear development. He explained the path of the fire lane behind this project through to the bank. He stated that with approval of this project, they hope to kick off development of a small retail strip. He explained that this is a unique property because of the drainage, water tower, and access. They are sensitive to what they can and can't do. They don't wish to add any other drive onto Davis. With their retail development, they plan to leave a lot of open space behind the retail because it is so deep off the road and it affords a nice buffer between the proposed retail and the residential behind this project. He stated that they considered putting the Goodyear next to the bank to utilize some of the depth of the site, but they felt this side of the property would work best since it would back up directly to the water tower. Chairman Davis asked if the fire lane, down to Shady Grove Lane, would be constructed at this time if the project is approved. Mr. Ibarra stated that it will be constructed. Chairman Davis asked if the proposed retail would face Davis Blvd. Mr. Ibarra stated that it would face Davis. The Chairman asked who owns the property west of the fire lane and wondered what would be there. Mr. Ibarra stated that they own it and that one of the challenges with this piece of property is the elevation as it goes back up towards the water tower. He stated that to go deeper into the site would add a lot of cost with such things as retaining walls. They felt this was a better utilization of the property. He thought that perhaps in the future they might consider a small office building but it isn't a consideration in the near future. Their current plans are to leave it as it is in its natural state. Chairman Davis stated that anything that varies from this plan would have to be resubmitted. He explained that the Commission would not be approving the proposed retail, but that the fire lane is part of the project being considered this evening. The 0 Chairman wanted to be sure that Mr. Ibarra understood that he couldn't deviate from Page 9 11/18104 P &Z Minutes 61 any part of the plan that might be approved this evening. Mr. Ibarra stated that he understood that requirement. Mr. Sa pp stated that there won't be any possibility of vertical landscape between the boulevard and the retail center. There aren't any islands or anything to landscape. Chairman Davis stated that they could push it back if necessary. Mr. Green explained that when the applicant returns with a final design, particularly with the retention area, under the current detention ordinance, that area must be landscaped. Therefore, there will be another opportunity to come back and look at it. Mr. Green stated that the detention area at Summit Bank is an example of what the City will require. He stated that staff expects additional landscaping in the drainage detention area. Mr. Moore stated that he could assure the Commission that additional landscaping will be done. Chairman Davis stated that a petition dated November 17 has been submitted to the Commission. Copies are available in the minutes and record. There are approximately 18 or 19 different properties that have signed a letter that says, "As property owners and residents of North Richland Hills we are requesting you reject the Special Use Permit for the Goodyear Tire Store and Auto Repair Center on Davis Blvd. A business of this kind is inappropriate for this property as it is too close to residential property. Other tire stores and auto repair centers are already located in the vicinity and therefore another will not aid in serving the community." Mr. Bowen stated that two letters in opposition were received, one from Steven VanWie and the other from Renato and Sally Minacapelli. Jerry Jarzombek, 8558 Shad brooke Ct. stated ed that Goodyear is not an appropriate use for this property as it would not be the highest and best use and it is not a good fit. The value of the tire will not make a difference to the sound he will hear as the tire comes on and off the machine or the lug nuts come on and off. He stated that the Wal- Mart traffic is bad and there are many near head -on collisions when trying to turn left onto Shady Grove from Davis Blvd. More traffic on Shady Grove will cause more problems. He stated that he doesn't care if the customers make $60,000. The value of the tire or the income level of the customer won't make any difference as to the value of his home. He stated that projects work when the residents, the Commission and the City work together and that the value of his home has gone down since some of this development has taken place. He would rather his property value go up. He doesn't believe this is a needed store as there will be others just a couple of minutes away. He doesn't want it to be like the pharmacies. There were five on the corner and now there are four with the loss of the Eckerd's store. This isn't needed. He asks, selfishly, that this Commission deny the special use permit as proposed for the Goodyear store. Sally Minacapelli, 8562 Shadybrooke Ct., stated that she has lived here for 12 years and from her house she will have a great view of this project. She stated that there are no trees of any significance that would buffer her view. She represents 19 of her neighbors who would like to voice their opposition to this SUP. A business of this kind is too close to residential property. She and her neighbors have to contend with very Page 10 11/18/04 P &Z Minutes loud noise coming off of Davis Blvd. A tire and auto repair center would only add to that. She stated that they feel it will cheapen the appearance of North Richland Hills' entrance to the north. There are too many businesses of the same type going into the north end of the town. It is becoming a mecca of supercenters, banks, and now the possibility of tire stores and auto repair centers. There is already a Wal -Mart auto repair and tire store, a Discount Tire Store and perhaps an NTB tire store. She would prefer to see new businesses coming into the area that would better serve the community rather than more of the same. Virgil Lynn, 8616 Shadybrooke Dr., stated that he is not as close to this site as his neighbors but he supports their objection to this project. He stated that they are not opposed to bringing more businesses into the community but the businesses should preserve quality of life and increase property values. He moved here three years ago from Oklahoma and he stated that he hasn't seen his property values appreciate as he had hoped. He stated that they met with the mayor in the last two weeks regarding the property to the north of this area that has been in extensive debate for a number of years. He supports his friends and neighbors in opposing this project. He stated that even if the building is marble, the visual isn't as important to them as the impact of the sound pollution. As there were no others wishing to speak, the Chairman closed the public hearing. Chairman Davis stated that this property is zoned C -1 and he asked if it touches any residential property. Mr. Green explained that there is residential use versus residential zoning. The properties immediately to the west are residentially used but zoned "AG ". Mr. Sapp asked how the property zoned "AG" is listed in the Comp Plan. Mr. Green responded that it is shown as low density residential on the Comp Plan. Mr. Green further stated that if the retail strip center is built, the 200 -ft. radius will just clip the property to the west and the Zoning Ordinance states that if proposed non - residential development is within 200 -ft. of either residential zoning or property shown to be residential on the Comprehensive Plan, then the applicant must do site plan approval. This same property triggered the site plan approval request for the Chili's restaurant project. So if the proposed retail occurs, Planning & Zoning Commission will see the property as a site plan approval request. Mr. Shiflet asked if the property immediately to the north is C -2. Mr. Green explained that it is zoned C -2 but is used as residential and has a residential structure and outbuildings on it. The Comprehensive Plan calls for Office (0-1) for that property. Mr. Shiflet thought it was "NS" Neighborhood Services. Mr. Green explained that the Comprehensive Plan calls for Neighborhood Services for the proposed retail site which is currently zoned C -1. Mr. Shiflet commented that regarding the property to the north, anyone could come in tomorrow and pull a permit for a straight C -2. Mr. Green responded, "That's correct." Page 11 11/18/04 P &Z Minutes V, Mr. Schopper stated that Mr. Moore builds a quality product but that doesn't change the fact that there is an air gun that creates a lot of noise. The National Tire on the other side of the road is far away from houses. He stated that P &Z has put other tire stores in the City and has been down this road before. If approved, the City Council chamber will be overwhelmed with people in opposition. He feels it is too close to residential — that the problem is sound. Mr. Shiflet asked if a tire store is allowed in C -2 zoning. Mr. Green responded that an SUP would also be required in C -2. He explained that an SUP is required in order to ask if the business fits in that specific location. It is a use that can work in some areas and not work in others. Chairman Davis asked for the standard hours of operation. Mr. Moore responded that it is approximately 7:30 a.m. to about 5:30 p.m. Monday through Friday, and Saturday from 10 a.m. to 5 p.m. and some stores open Sunday afternoon. He stated that he will get that specific information to staff tomorrow. [On December 1, Pan Sribhen advised staff that hours are typically 9 -6 Monday through Friday and 10 -6 on Saturday. The store would not be open on Sunday. There may be extended hours on holidays.] [Ms. Cole left the room - 8:18 p.m.] Chairman Davis asked if they would agree to provide an illumination plan with shielded or hooded lights. Mr. Moore stated that they would "absolutely" agree to that 18 requirement. Chairman Davis asked if they agree that additional landscaping is needed along Davis P 9 9 Blvd. Mr. Moore agreed. The Chairman also asked if additional visual and sound barriers could be placed on the top of the retaining wall. Mr. Moore stated that the engineer, Pan Sribhen would answer that question. L Pan Sribhen pointed out where they plan to cut the hill down 10 -ft. The wall will be 18- inches above the ground to keep sediment and such from flowing over into the parking area, as well as a safety feature if anyone were to go walking above the wall. It will be reinforced concrete rather than a block wall. The City requires matching brick to the building so the retaining wall will be poured concrete with a brick facia. The Chairman asked if there is any landscaping that can be done along the wall. Mr. Sribhen stated that they could add 8 -ft. tall red - tipped photinia along the back. They are planning to plant a bunch of screening along that side. He stated that the City has asked them to not plant anything in the easement since there will be City vehicles driving over it to the water tower. The Chairman asked that if they go to Council that they show where the existing trees are and then where the red - tipped photinia would be added. They agreed to do that. Mr. Sribhen also added that all elements of their plans push the noise toward Davis. [Ms. Cole returned to the room - 8:22 p.m.] Page 12 11/18/04 P &Z Minutes Chairman Davis observed that they have a lot of outside parking places. The Zoning Ordinance requires 14 and the applicant is proposing 38. Mr. Sribhen stated that Goodyear requires 38 parking spaces. The Chairman stated that he is concerned about outdoor storage of vehicles; he asked Mr. Sribhen how many bays there are and Mr. Sribhen responded that there will be 10 bays; 8 with lifts and 2 bays used for alignments. There will be six employees. The Chairman observed that if the bays were full and there were as many as 15 customers waiting that would still only require a need of 21 parking spaces. Mr. Sribhen stated that the traffic study they conducted shows that there are no more than 4 vehicles per hour in and out of the site from 10 a.m. to 2 p.m. Mr. Schopper asked how tall the wall will be at the northwest corner of the site. He is concerned about sound in that area. Mr. Sribhen stated that the wall will be about 6 -ft. at that point. The wall runs from a maximum of 12 -ft. down to 18- inches above the ground. Chairman Davis suggested that perhaps they didn't need the row of parking along the west property line. Mr. Moore responded that most of the time the parking requirements are at the request of the City but in this case Goodyear asks for this amount of parking so there is a place to put the cars until the customers come to pick up their vehicle. Mr. Moore stated that they will not have a bunch of junked cars around the facility. He stated that at night most of the cars go back into the bays and there are not any cars out at night in order to reduce liability, but during the day the cars are waiting for the customers to come pick them up. Mr. Schopper noted that many customers drop their vehicles for the day and come back at night to pick them up so it would be normal for the vehicles to be parked there throughout the day. The Chairman asked if they would be willing to stipulate that there will be no outdoor storage or parking of vehicles after business hours. Mr. Moore stated that he couldn't say that they would never park a vehicle outside the bays overnight. Mr. Schopper stated that some people drop off their vehicles the night before. Mr. Bowen stated that it would be tough to say no outside storage of vehicles at all. Mr. Moore summarized that he will try very hard to please the City of North Richland Hills and its customers. Mr. Bowen stated that this project is on Davis Blvd. close to the entrance of the City and he feels that is where premier facilities should be located. Mr. Bowen does not feel this should be the first look at a person comes into the City. Mr. Bowen, seconded by Mr. Schopper, motioned to deny SUP 2004 -04. The Chairman commented that this is not a bad plan, but he doesn't feel it is the right plan for this area. He feels it will have a negative affect upon the neighborhood and upon the type of retail that will go into the proposed strip center. 0 The motion carried unanimously (7 -0). Page 13 11/18/04 P &Z Minutes • • The Chairman advised the applicant that he has the right to appeal the decision of the Planning and Zoning Commission by writing a letter to the City staff within 10 days asking to appeal this recommendation. Page 14 11/18/04 P &Z Minutes st1 - PSA Engineering Airport :• Civil •. Transportation :• Planning 17819 Davenport Road • Suite 215 • Dallas • Texas 75252 -5894 (972) 248 -9651 Fax (972) 248 -9681 November 19, 2004 Mr. Dave Green Director of Planning Fax: (817) 427 -6303 City of North Richland Hill 7301 N.E. Loop 820 North Richland Hill, Texas 76180 RE: SUP for Goodyear Store on Lot 1 D2 of Brentwood Estates Dear Mr. Green: On behalf of Mr. D. Edward Moore and the Goodyear Tire and Rubber Company, please accept this letter as our request to appeal the decision of the Planning and Zoning Commission on November 18, 2004 not allowing Specific Use Permit for Goodyear to construct their store on Lot 1 D2 of Brentwood Estates, located on the northwest quadrant of Davis Blvd and Shady Grove Road. The site selection and economic study conducted by Goodyear indicated that this demographic area has a high demand by potential customers for several tire stores. Also, in response to the comments of the Planning & Zoning Commissioners and to be a good neighborhood store, Goodyear intent to install the combination of a screening and sound barrier wall along the north property line. If you have any questions or need additional information on our firm, please do not hesitate to contact me. Sincerely; for PSA Engineering Pann S. Sribhen, P.E. Principal C( : D. F_,iev,utl :\,Iuurc° 0 1Psaserver,proiecr2001 F • .7 NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: SUP 2004 -04 Applicant: Edward Moore Location: 8500 Block of Davis, being a portion of Lot 1 D2 Brentwood Estates You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: Edward Moore is requesting a Special Use Permit (SUP) to build a Goodyear retail tire store and minor auto repair on the above location. A Public Hearing to consider this request will be held at the time and place stated below. This request has been recommended for denial by the Planning and Zoning Commission. Public Hearing Schedule: Public Hearing Date: CITY COUNCIL MONDAY, DECEMBER 13, 2004 Time: 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 Sharilyn Bruntz Wilson 8541 Shady Grove Rd Fort Worth, TX 76180 -1331 Sterling Properties JV 226 Lincoln SQ Arlington, TX 76011 -4892 Richland Hills LLC 10450 NW 2nd St # 10 Portland, OR 97231 -1072 Dan Anderson P O Box 14157 Fort Worth, TX 76117 -0157 Summit Community Bank Na P O Box 2665 Fort Worth, TX 76113 -2665 NRH- CT /BTS Led 800 E. Campbell Rd Ste 199 Richardson, TX 75081 -1862 L Dean Bailey 800 E. Campbell Rd Ste 199 Richardson, TX 75081 -1862 Guion Gregg Wal -Mart Real Est Bus Trust 3838 Oak Lawn Ave Ste 1416 Attn Prop Tax Dept #0555 Dallas, TX 75240 -4383 1301 SE 10th ST Bentonville, AR 72761 -0001 Pann Sribhen, P.E. Murphy Oil USA #6812 PSA Engineering Attn: Advalorem Tx 17819 Davenport Rd, Suite 215 200 E. Pecan St Dallas, TX 75252 El Dorado, AR 71730 -7248 • • • Sep 21 04 05:28p Portofino 817 - 861 -1987 • September 21, 2004 D. Edward and Joan W. Moore Investments, LTD c/o D. Edward and Joan W. Moore 5601 Courtyard Drive Austin, TX 78731 P. 1 PhiCip E. he �� d Chairman Of President / CEO Direct: 817 - 877-2611 Fax: 817-677 -2672 pnorwood o summitbank.net Dear Mr. and Mrs. Moore: I have been contacted by Reza Mirzadeh, Sterling Properties Joint Venture, in regards to the prospective construction project in the 8500 block of Davis Avenue, North Richland Hills. Please accept this letter as agreement on behalf of Summit Bank, N.A. of no objection to this project plan. If we may be of any further assistance, please contact our offices. Sincerely, 9�3- (F Philip E. Norwood Chairman PEN /ss cc: Reza Mirzadeh Sterling Properties Joint Venture P.O. Box 2665 - Fort Worth, Texas 76113 - 817- 336 -8383 • www.summitbank.net 0 D. EDWARD MOORE Commercial Real Estate Investments, Brokerage 5601 Courtyard Dr. Austin, Texas 78731 Phone and FAX (512) 795 -8640 October 27, 2004 City of North Richland Hills Planning Staff Planning and Zoning Commission Members of the City Council Re: Proposed Goodyear Tire and Automotive Center Davis Boulevard Northwest of Shady Grove Dear Ladies and Gentlemen, Please be advised that by their signature below, Mr. And Mrs. Wilson, owners of contiguous property south and west of the proposed Goodyear Tire and Automotive Center, are pleased to have the store as their neighbor and have no objections to your granting a special use permit for same. I have shown them the color rendering and have shared with them any information requested. APPROVED BY: 8541 Shady Grove Road North Richland Hills, Texas • D. EDWARD MOORE Commercial Real Estate Investments, Brokerage 5601 Courtyard Dr. Austin, Texas 78731 Phone and FAX (512) 795 -8640 October 27, 2004 City of North Richland Hills Planning Staff Planning and Zoning Commission Members of the City Council Re: Proposed Goodyear Tire and Automotive Center Davis Boulevard Northwest of Shady Grove Dear Ladies and Gentlemen, Please be advised that by his signature below, Dr. William Anderson, owner of the contiguous property north and west of the proposed Goodyear Tire and Automotive Center, is pleased to have the store as his neighbor and has no objections to your granting a special use permit for same. I have shown him the color rendering and have shared with him any information requested. APPROVED BY: I'IL � �/� 6 1A 8521 Davis Boulevard North Richland Hills, Texas r� Sterling Properties Joint Venture 226 Lincoln Square Shopping Center 4 PP g Arlington, TX 76011 August 30, 2004 Mr. Lance J. Barton, P. . Assistant Director blic Works City of Nort chland Hills, Texas 7301 oop 820 No Richland Hills, TX 76180 RE: Proposed Retail and Goodyear Development NWQ Davis Boulevard and Shady Grove Road North Richland Hills, TX Dear Mr. Barton: As you may know, Mr. Ed Moore has contracted to purchase a portion of the land I own at the above referenced location to develop a Goodyear Tire store. Subsequently, Mr. Moore has been to the City of North Richland Hills to apply for the required Special Use Permit. Additionally, my partners and I are proceeding forward with developing the remaining tract of land into a 12,600 square foot retail center. Because of the configuration of the land, accessibility and Fire Lanes to the Goodyear tract will have to come through the Retail tract. Also, both tracts will require and share a Storm Water Detention Basin. A preliminary site plan, preliminary grading plan and a preliminary storm water detention basin plan have been completed by both the architect and the civil engineer that were involved in the adjacent Summit Bank development. I have attached these plans for your reference. Additionally, Nick Ibarra, who is coordinating our development, has met with Dave Green and Donna Jackson and has presented these plans for their preliminary review and comments. Both Mr. Green and Ms. Jackson were very helpful explaining the development process with the City of North Richland Hills and gave us positive feedback after their initial review of our preliminary plans. I have been requested by Mr. Ed Moore to send you this letter confirming our intention of development of the Retail Development and the necessary Storm Water Detention Basin and Fire Lane Drives which will be required for both developments. We will proceed with the all of the above. In fact, our Sale/Purchase Contract with Mr. Moore requires the start the construction within thirty (30) days after the Sale of the Goodyear tract is I"- complete. At this time, we have started construction drawings to submit to the City of North Richland Hills for review. We are very excited with our proposed retail development and with Mr. Moore's Goodyear development and are eager for him to obtain his Special Use Permit. If you have any questions, please call Nick Ibarra at 817 - 800 -0604. Sincerely, Sterlin Properties Joint Venture Reza Mirzadeh Managing Partner cc: /Dave Green, Director of Planning, City of North Richland Hills, Texas Donna Jackson, Planner, City of North Richland Hills, Texas Ed Moore, D. Edward and Joan W. Moore Investments, Ltd. Pan Sribhen, PSA Engineering Nick Ibarra, NAI Stoneleigh Huff Brous McDowell - 0 � � m, ■ ■! � `§ | � � 2 § ! � ■ 4p ( §!� | |� ;!� � |.�J | . ■ u m . §§ !|7 _ z o � /�• � « , • ƒ � \ � / Z 2 r � » 0 _ . u -7 = > I § ■ § ,| o | ¥ � I . u m �. r Nov 17 04 10:12a Charter Sales 817 -656 -5538 p.l • • • November 16, 2004 Planning Department City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Subject: SUP 2004 -04 Goodyear Tire Store and Auto repair 8500 Davie Blvd 1.312 acres As residents of North Richland Hills and property owners living just outside 200 feet of the above mentioned property, we are requesting you reject the applicant's request for a special use permit to build a Goodyear Tire store and auto repair center. While we don't object to the development of this property we do feel there is more appropriate use of the land. We believe it is the cities best interest to preserve the beauty of this area. It is also our understanding a SUP is being sought for a NTB tire store on Precinct Line. As you know, we already have a Discount Tire store on Davis and feel another would only degrade this part of town. It would be a shame to allow Davis Blvd to become another Rufe Snow. Furthermore, the noise generated by a business of this type would further deteriorate our quality of life. Those of us whose homes run parallel to Davis Blvd already have to contend with the noise pollution generated by traffic on Davis and we object to any business that wo1lid ;kdd to it A couple of years ago another business of similar type (oil and lube center) requested a SUP for the land adjacent to the Albertson's strip center on Davis. The Council rejected that SUP as it was believed this type of business was inappropriate for this area. Since the property Goodyear would like to build on is closer to a neighborhood than the aforementioned property, and would affect many more people, we would hope you would find its location inappropriate as well. We respectfully request you reiect Goodyear's ST TP request. Sincerel Renato an d Sally Mina apelli 8562 Shadybrooke Ct North Richland Hills, TX 76180 817- 428 -1328 �J Steven L. VanWie 8551 Shadybrooke Ct. N. Richland Hills, TX76180 16 Nov 04 Dear Sir, I am writing to object to a special use permit request before the P &Z board on 18 Nov 04. The subject property is located on the west side of Davis Blvd just north of the Summit Bank located on the corner of Davis Blvd and Shady Grove in far north N. Richland Hills. My understanding is that a Good Year Service Center needs the special use permit to locate on at this location. The subject property is very close to the Steeple Ridge subdivision on our south side. The subdivision has been very active in trying to maintain the quality of life in our area on various zoning requests. To allow the special use permit on this property would add undo noise to the area and not add to the residential area. It would also set an undesired precedence for other development in the area. Our subdivision appears to be just outside the 200 ft distance that would require notification of a public hearing on the matter. I object to any special use permits above what the property is currently zoned for or designated zoning as shown on the current comprehensive land use plan. Steven L. VanWie �r r • November 17, 2004 Planning Department City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Subject: SUP 2004 -04 Goodyear Tire Store and Auto repair 8500 Davis Blvd 1.312 acres As property owners and residents of North Richland Hills we are requesting you reject the Special Use Permit for the Goodyear Tire Store and Auto Repair Center on Davis Blvd. A business of this kind is inappropriate for this property as it is too close to residential property. Other tire stores and auto repair centers are already located in the vicinity and therefore another will not aid in serving the community. �n 5.2, L(.( " t E A a_r_-_a t, (. t�r < ;. . ,7 L • November 17, 2004 Planning Department City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Subject: SUP 2004 -04 Goodyear Tire Store and Auto repair 8500 Davis Blvd 1.312 acres As property owners and residents of North Richland Hills we are requesting you reject the Special Use Permit for the Goodyear Tire Store and Auto Repair Center on Davis Blvd. A business of this kind is inappropriate for this property as it is too close to residential property. Other tire stores and auto repair centers are already located in the vicinity and therefore another will not aid in serving the community. NAME STREET ADDRESS SIGNATURE 1W S � � ft),.) 0 CH 11-11 c—� ,' ?,J i h in (7n. k, 0 • !I (t i I- ( . Ltd KI0 '766 l (, S i L-,it,,it 1 U)a- (w1C Mao-K4 6s� q c-+, • • • y C O O O a c N C N Y T N 'C C/) . 1 Rid a Run Dr. cc o °o O c � N � N N Y H � t � water tower A� i" L 5 - O� Sliady Grove Rd NRHr Support s In Opposition i I i SUP 2004 -04 Goodyear CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 12/13/04 subject: Public Hearing and Consideration of a Request from Agenda Number: ZC 2004 -08 Dwight and Linda Manning and Scott Wood for a Zoning Change from "R -3" Single Family Residential District to "R -1 -S" Special Single Family District (Located at 8048 and 8100 Green Valley Drive - 4.082 acres). Ordinance No. 2814 Case Summary: The applicants are requesting to rezone these two platted lots for the purpose of taking advantage of the relaxed accessory building requirements offered by the R- 1-S District. The R -1 -S District requires a minimum one acre lot size. Both existing lots are approximately 2 acres in size. Plat Status: Both sites are platted. Existing Land Use /Site Attributes: Both lots contain single family residences and out- buildings. Thoroughfare Plan: The site has frontage along Green Valley Drive. The Thoroughfare Plan designates Green Valley Drive as an undivided, 2 -lane, minor collector street with 60' of ROW (M). Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for this area. The proposed zoning /existing uses are consistent with the Plan. Adjacent Zoning / Land Use: North: "PD" Planned Development / Single family residential East: "R -3" / Single family residential South: "R -3" / Single family residential West: "R -1 -S" / Single family residential Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on November 18, 2004, recommended approval of ZC 2004 -08 by a vote of 6 -0 -1. Finance Review Source of Funds: Account Number Bonds (GO/Rev.) Operating Budget Sufficient Funds Available ji Finance Director partment Si e 1 City Manager Si ature ZC 200408 8048 & 8100 Green Valley Drive CC CITY OF NORTH RICHLAND HILLS Staff Recommendation: Approve Ordinance No. 2814 Review Schedule: Application: 10/18/04 Final Hearing: 12/13/04 Total Review Time: 8 weeks 1i i 1� 2 i 4 6 8 10 12 14 16 18 20 22 024 26 28 30 32 34 36 38 i 40 !� 42 ORDINANCE NO. 2814 ZONING CASE 2004 -08 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN, THE COMPREHENSIVE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AND REZONING A 4.082 ACRE TRACT OF PROPERTY FROM R3 (RESIDENTIAL) TO R -1 -S (SPECIAL SINGLE FAMILY) 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 ofNorth 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 4.082 acre tract of land located at 8048 and 8100 Green Valley Drive, North Richland Hills, Tarrant County, Texas, more particularly described as Lots 3 & 4, College Acres Addition, from R3 Residential to R -1 -S Special Single Family 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. Ordinance No. 2814 Page 1 of 2 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 13th day of December 2004. CITY OF NORTH RICHLAND HILLS IM ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROV D S TO FORM AND LEGALITY: George A. to es, ttorney APPROVED AS TO CONTENT: Department Head Ordinance No. 2814 i Page 2 of 2 • • �vv-t-vv "`c E 8100 & 8048 Green Valley S Lots 3 & 4 College Acres From "R3" Residential to "R -1 -S" Special Single Family Prepared by Planning 11/02/04 Feet 0 100 200 400 7. ZC 2004 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DWIGHT AND LINDA MANNING AND SCOTT WOOD FOR A ZONING CHANGE FROM "113" RESIDENTIAL TO "R -1 -S" SPECIAL SINGLE FAMILY (LOCATED AT 8048 AND 8100 GREEN VALLEY — 4.082 ACRE). APPROVED Mr. Green explained that the current zoning is R3 but both lots are approximately two acres, which is consistent with the large lots in the neighborhood. This request is for a zoning change from R3 to R -1 -S, which allows livestock on the property and also allows a certain amount of freedom from building constraints on accessory buildings, such as in the building height, pitch of roof, concrete access to a public street, masonry requirements, and size of the structure. Part of the reason for the relaxation of building constraints in the R -1 -S district is because it applies to fairly large lots. The applicants wish to rezone to R -1 -S in order to take advantage of the relaxation of building constraints for accessory buildings. The property to the immediate west of these lots is zoned R -1 -S. The Comprehensive Plan denotes low density residential uses. This is consistent with the Comp Plan. Mr. Bowen stated that R -1 -S indicates larger residence sizes [minimum square footage of a home] and Mr. Bowen wondered if the applicant would be required to meet the larger minimum square footage of R -1 -S if he were to remodel his primary residence. Mr. Green explained that there is some leeway if the current houses do not meet the minimum square footage requirements. They are considered non - conforming structures. There is leeway in expanding a non - conforming structure. There is a certain percentage involved that is allowed by right. Once past that percentage, the owner would have to seek a variance request from the Board of Adjustment to expand that particular building. Mr. Bowen asked if the applicants were aware of the minimum square footage size. Mr. Green stated that they are aware of the minimum square footage size. Chairman Davis opened the public hearing and asked the applicant to come forward. The owner of Lot 4, Dwight Manning, 8048 Green Valley Drive, came forward. Chairman Davis asked for the size of the existing house. Mr. Manning stated that his house is approximately 2,300 sq. ft. [The minimum is 2,000 sq. ft. for any property platted prior to January 1, 1998 and 2,300 sq. ft. for any property platted after January 1, 1998.] As there were no others wishing to speak for or against this case, Chairman Davis closed the public hearing and called for a motion. Mr. Schopper, seconded by Mr. Sapp, motioned to approve ZC 2004 -08. The motion passed 6 -0 -1, with Mr. Wood abstaining. Page 3 06/03/04 P&Z Minutes • • NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: ZC 2004 -08 Applicant: Dwight and Linda Manning and Scott Wood Location: 8048 and 8100 Green Valley Dr., being Lot 4 and 3, College Acres Addition You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A public hearing is being held to consider a request from Dwight and Linda Manning and Scott Wood to rezone the above property from "R3" Residential to "R -1 -S" Special Single Family. The applicants are proposing to rezone the above tract of land for purpose of taking advantage of the relaxed accessory building requirements. This request has been recommended for approval by the Planning and Zoning Commission. Public Hearing Schedule: Public Hearing Date: CITY COUNCIL MONDAY, DECEMBER 13, 2004 Time: 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 Robert Miller Scott Wood Dwight and Linda Manning 8104 Green Valley Dr 8100 Green Valley Dr 8048 Green Valley Dr aWorth, TX 76180 -2335 North Richland Hills, TX 76180 Fort Worth, TX 76180 -2334 Henry and Roberta Huspen 7805 Harvest Hill Rd Fort Worth, TX 76180 -2349 Pulte Homes of Texas 1234 Lakeshore Dr Ste 750A Coppell, TX 75019 -4971 Bryon and Rebecca Meek 7805 Clover Leaf Dr Fort Worth, TX 76180 -2341 Janet and M Justice Klappholz Angelica Galvez Don McBride 7801 Clover Leaf Dr 7800 Clover Leaf Dr 7804 Clover Leaf Dr North Richland Hills, TX 76180- North Richland Hills, TX 76180- North Richland Hills, TX 76180- 2340 2340 2340 Dennis and Rebecca Paul 8044 Green Valley Dr Fort Worth, TX 76180 -2334 Larry and Tammy Davis 8309 Woods Ln Fort Worth, TX 76180 -2312 Oen Munoz 7533 Oak Ridge Dr North Richland Hills, 2916 C7 Elizabeth Johnson 8209 Woods Ln North Richland Hills, 2310 John Hutchins 8313 Woods Ln TX 76180- Fort Worth, TX 76180 -2312 Joe Giles 8306 Woods Ln Fort Worth, TX 76180 -2312 Marvin and Lois Call TX 76180- RR 1 Box 231 B Wynnewood, OK 73098 -9752 Delbert Burgess 8301 Woods Ln Fort Worth, TX 76180 -2312 CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 12/13/04 Subject: Continuation of Public Hearing Regarding Charter Agenda Number: GN 2004 -044 Communications Cable Franchise Renewal At the June 14, 2004 Council meeting staff familiarized Council with Charter Communications Cable franchise renewal and the steps necessary for the renewal. The purpose of this item is to continue the public hearing to receive comments regarding Charter Communications pertaining to customer service, billing practices, and other cable service concerns as part of the cable franchise renewal process. Although the North Richland Hills cable franchise does not expire until January 2007, it is standard practice to begin the franchise renewal process 30 to 36 months before expiration. The first stage of the franchise renewal process involves public proceedings to review the cable operators past performance and identify future cable related needs. Part of this stage involves receiving public comments from cable customers regarding the cable operators past performance. The public hearing was opened at the June 14, 2004 Council meeting. Council continued action to future Council meetings to allow additional citizen comments. Second and third public hearings were held at the August 9, 2004 and the October 11, 2004 Council meetings. Tonight is the final public hearing as part of this stage of the renewal process. The City has also received public comments via the City web site (www.nrhtx.com). There is a form designed specifically to receive comments for this purpose that has been accessible under the highlights section of the web site. Cable subscribers also submitted public comment by sending letters to the City Manager's Office, attention Karen Bostic, 7301 NE Loop 820. Public comments via all of these methods will end when the public hearing is closed. A summary of the complaints received is attached to this coversheet. The next step in the process will be to conduct surveys of cable subscribers and performance audits of Charter. Both the survey and audits will be performed by an outside party that is hired by the cable consortium. Public comments received either through the hearings, city web site or letters will be considered in the overall review by the cable consortium. Recommendation: Receive citizen input regarding Charter Communications Cable franchise renewal process, and close the public hearing. Source of Funds: Finance Review Account Number Bonds (GO /Rev.) Sufficient Funds Available Operating Budget Oth r , Department Head Signature Leitv Manao Pane 1 of n U CITY OF NORTH RICHLAND HILLS MEMO TO: Karen Bostic FROM: Arty Wheaton- Rodriguez SUBJECT: Website Charter Complaints DATE: . December 6, 2004 We had 25 entries from June - December 2004 come from the website form. From those there were: 6 categorized their problem as customer service related • Workers cutting off cable during maintenance and not fixing the problem • One was not a complaint; instead it praised Charter for offering HDTV • Problems associated with adjusting bills after cable service was interrupted due to weather and wiring • Time needed to take off for installers to install cable (took over a week), billing problems as specials run out (doubling costs) sounds like she was not aware of the special introductory price she was given • Leaving cable un- buried in the back yard, rate increases affect seniors • • Repeatedly having techs come out to repair the same problem, no deals for current subscribers 7 categorized their problem as billing related • Frequent service outages, customer service relies on automated system • Charges too much for product, would like to see another service provider • Too expensive, $62.00 for basic services • New choices should be explored • Problems with payment by phone not posting and having her cable disconnected • Forces customers to purchase basic cable TV package in order to receive high speed internet, considers this double billing since he only wants the internet service • Highest priced in Metroplex, as compared to AT &T and Comcast 5 stated that the picture quality was poor and not fixed 7 categorized their problem as fitting into an "other" category • 2 requesting the need for competition • Programming (more HGTV type programs) • Costs being too high compared to others • Uniformed repair techs • • Concerning volume changing from channel to channel • Another asked a general question concerning the franchise contract CITY OF NORTH RICHLAND HILLS Department: _ NRH2O /Parks and Recreation Council Meeting Date: 12/13/04 Subject: Authorize the City Manager to Execute a Professional Agenda Number: GN 2004 -105 Services Contract with William L. Haralson & Associates, Inc. for the Preparation of a Comprehensive Strategic Plan for NRH2O Family Waterpark — Resolution No. 2004 -075 As a part of the FY 2004/05 Operating Budget, the City Council approved a capital project involving the preparation of a comprehensive strategic plan for the NRH2O Family Waterpark. This plan will encompass a wide range of services including: • Feasibility study • Master plan of existing and proposed facilities • Recommended theming • Initiated future development costs • Admission price structures • Recommended marketing strategy • Recommended sponsorship strategy • Economic impact analysis of NRH2O and NRH and the surrounding communities • Evaluation of new complementary uses • Industry information and trends A strong need exists to update the park's original enterprise plan that was developed in 1993. The overall goal of the plan is to position the park in such a way that it will remain financially successful and provide a beneficial service to our region. As we know, the Dallas /Fort Worth Metroplex has seen an evolution of competing waterparks and leisure pools in recent years. Although no organization has opened a water park similar in size to NRH2O, there have been several smaller, but competing facilities built in the area in recent years. We also understand that a few other parks are planned for the Metroplex that may have a more dramatic competing effect in the next few years. The growing competition, coupled with two consecutive seasons of crippling summer weather, resulted in operating seasons performing less than expected. In the past two years, targeted attendance and revenue goals have not been met, thus confirming the need for a comprehensive strategic plan. Source of Funds: Bonds (GO /Rev.) Operating Budget Other V, Department Head Signature Finance Review Account Number Sufficient Funds A, Budget Director i `��'Finance Director 1t.LZ� � ✓' Manager S(gn ture Page 1 of 2 CITY OF NORTH RICHLAND HILLS Staff recently advertised and solicited proposals for professional services. Five (5) proposals were received from the following: William L. Haralson and Associates, Inc. Water Technologies Incorporated Brinkley Sargent Architects Schrickel, Rollins and Associates The La Chapelle Agency /Levenson & Brinker Public Relations The proposals were reviewed and evaluated based on the following criteria: Experience of the Firm Financial Stability Quality of Previous Work Qualifications of the Project Manager Past Record with the City Management Approach A selection committee, with committee members being Richard Torres, Assistant City Manager, Bo Bass, Assistant City Manager, Vickie Loftice, Assistant Director of Parks and Recreation, Chris Swartz, NRH2O Park Manager, and Toni Van Hooser, Accountant II, met on September 28, 2004 to review proposals and selected two (2) firms to interview in accordance with the professional services procurement policy. The selection committee conducted interviews on October 12, 2004, and after a thorough evaluation, selected William Haralson and Associates to provide the professional services for this project. The attached contract for professional services was negotiated to a total amount of $96,900. The current year capital budget included $105,000 for this r)roiect. William L. Haralson and Associates, Inc. is a Metroplex based firm that has done work around the world in the area of facility feasibility and demographic research. This firm is partnering with Kimley -Horn who will be providing the professional services for a portion of the project and other industry experts will be providing input throughout the process. Kimley -Horn was responsible for the design of the recent Splashatory addition at NRH2O this past summer that received rave reviews from park guests this summer. This project is in accordance with City Council Goal #2 regarding quality development and City Council Goal #5, providing quality of life amenities for the community. The City Attorney has reviewed the attached contract. Recommendation: To approve Resolution No. 2004 -075 authorizing the City Manager to execute a contact with William L. Haralson & Associates for the preparation of a Comprehensive Strategic Plan for NRH2O Family Waterpark. CITY COUNCIL ACTION ITEM Page 2 of 2 • RESOLUTION No. 2004 -075 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a Contractual Agreement with William L. Haralson & Associates, Inc. for the preparation of a Comprehensive Strategic Plan for NRH2O Family Waterpark, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 13th day of December 2004. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor • ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: • Vickie Loftice, Director of Parks and Recreation Contract # CITY OF NORTH RICHLAND HILLS, TEXAS PROFESSIONAL SERVICES CONTRACT AGREEMENT FOR CONSULTING SERVICES This AGREEMENT is made and entered into this day of 2004, by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and WILLIAM L. HARALSON & ASSOCIATES, INC., a corporation hereinafter called the CONSULTANT. RECITALS This AGREEMENT is applicable to the furnishing of Professional Services by the CONSULTANT to the OWNER for the preparation of a comprehensive Strategic Plan for The NRH2O Water Park, hereinafter called the PLAN. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF CONSULTANT The OWNER agrees to employ the CONSULTANT and the CONSULTANT agrees to furnish Professional Services in connection with the PLAN as stated in Section II following, and for having rendered such services the OWNER agrees to pay to the CONSULTANT compensation as stated in Section VI following. SECTION II CHARACTER AND EXTENT OF SERVICES 1. The PROFESSIONAL SERVICES to be rendered by the CONSULTANT, include and are limited to the items specified attachment A. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the CONSULTANT under this AGREEMENT until he has received written authorization from the OWNER. SECTION IV PERIOD OF SERVICE This AGREEMENT shall be effective upon execution bythe OWNER and the CONSULTANT, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The CONSULTANT shall hold periodic conferences with the OWNER, or its representatives in accordance with the Scope of Services, to the end that the PLAN shall have full benefit of the OWNER'S EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS AND FACILITIES, AND BE CONSISTENT WITH ITS CURRENT POLICIES AND CONSTRUCTION STANDARDS. To implement this coordination, the OWNER shall make available to the CONSULTANT for use in planning the PLAN, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the PLAN without additional cost to the CONSULTANT, and upon which the CONSULTANT may rely. SECTION VI THE CONSULTANT'S COMPENSATION For and in consideration of the Professional Services to be rendered by the CONSULTANT, as cited in Section II above, the OWNER shall pay and the CONSULTANT shall receive the compensation hereinafter set forth below and detailed in Attachment B.: Page 1 Total compensation to the CONSULTANT shall total an amount not to exceed $96,900 without additional negotiation and authorization. CONSULTANT shall submit invoices stating work completed expressed as a percentage of the total for each identified item in atachment B. Subject to OWNER's approval, the CONSULTANT will be compensated within a period of 30 days from invoice bmission. The CONSULTANT will be limited to submission of no more than one invoice per calendar month. SECTION VII REVISION OF REPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS The revision and redrafting of reports, plans, specifications and other documents during the formative stages as an orderly process in the development of the PLAN to meet the needs of the OWNER shall be considered as part of our agreed upon Professional Services; however after a definite plan has been approved by the OWNER, if a decision is subsequently made by the OWNER, which, for its proper execution involves extra services and expenses for changes in, or additions to the drawings, specifications or other documents, or if the CONSULTANT incurs extra labor cost or expenses due to delays imposed on him from causes not within his control, the CONSULTANT shall be compensated for such extra expense which shall be considered as Special Services. The CONSULTANT is responsible for notifying the OWNER as soon as possible if this circumstance arises. SECTION Vlll OWNERSHIP OF DOCUMENTS Original documents, plans, design and survey notes represent the product of training, experience, and professional skill, and accordingly belong to, and remain the property of the CONSULTANT who produced them, and the OWNER regardless of whether the instruments were copyrighted or whether the PLAN for which they were prepared is executed. The OWNER shall be furnished with one set of record drawings (provided by the Contractor) and one set of CD- ROM's containing a reproducible copy of all construction documents and the PLAN manual. The OWNER will use these plans and data in connection with the PLAN only as a source of information as to construction. Any electronic copies given 46 t by the OWNER will not contain the CONSULTANT's seal. SECTION IX COMPLETION SCHEDULE See Attachment "C" for completion schedule. SECTION X TERMINATION Either party to this AGREEMENT may terminate the AGREEMENT by giving to the other 30 days notice in writing. Upon delivery of such notice by the OWNER to the CONSULTANT, the CONSULTANT shall discontinue all services in connection with the performance of this AGREEMENT and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this AGREEMENT. As soon as practicable after receipt of notice of termination, the CONSULTANT shall submit a statement, showing in detail the services performed under this AGREEMENT to the date of termination. The OWNER shall then pay the CONSULTANT promptly that proportion of the prescribed charges for the services actually performed under this AGREEMENT less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and reports prepared under this AGREEMENT shall be delivered to the OWNER when and if this AGREEMENT IS TERMINATED, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI LIABILITY The CONSULTANT agrees to indemnify, and hold City whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of CONSULTANT, or an agent, servant, or employee of CONSULTANT in the execution or performance of this &ntract, without regard to whether such persons are under the direction of City agents or employees. Page 2 SECTION XII SUCCESSORS AND ASSIGNMENTS The OWNER and the CONSULTANT each binds themselves and their successors, executors, administrators and Qsigns to any other party of this AGREEMENT and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this AGREEMENT. Except as above, neither the OWNER nor the CONSULTANT shall assign, sublet or transfer their interest in this AGREEMENT without the written consent of the other. Nothing herein shall be constituted as creating any personal liability on the part of any officer or agent of any public body, which may be a party thereto. SECTION XIII SPECIAL CONDITIONS Special conditions, under the AGREEMENT, include and are limited to those listed hereinafter; the conditions shall become part of the AGREEMENT: Other provisions contained in the written "Authorization of Services ", issued by the OWNER, under Section III, and accepted by the CONSULTANT, shall become part of the AGREEMENT. EXECUTED in three counterparts (each of which is an original) on behalf of CONSULTANT by their authorized contract representatives, as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this day of CITY OF NORTH RICHLAND HILLS, TEXAS 4Parry Cunningham, City Manager ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM: George Staples, City Attorney Page 3 WILLIAM L. HARALSON & ASSOCIATES, INC. 2405 Mesa Drive Richardson, Texas 75080 William L. Haralson, President ATTEST: Marcia S. Haralson, Secretary Treasurer 0 ATTACHMENT A SCOPE OF SERVICES The CONSULTANT understands that the City of North Richland Hills (Owner) wishes to prepare a comprehensive strategic plan for the NRH2O Water Park in North Richland Hills, Texas. Accordingly, the Consultant has formulated a scope of services consisting of the following tasks. Task A — Meetings The CONSULTANT shall schedule periodic meetings to include the OWNER and appropriate Plan team members on a timely basis. Task B — Market and Financial Analysis The CONSULTANT, with the assistance of Cross Country Parks, Inc. (CCP) and other Plan team members, shall conduct a thorough analysis of all factors impacting the marketability and financial viability of NRH2O Water Park. Issues to be addressed include the following: • Physical aspects of the park, including attractions mix, support facilities, site characteristics, ingress /egress, accessibility, visibility and surrounding land uses. • Operational data including records of attendance levels and trends, visitor mix, per capita expenditures, revenue, operating expenses, net operating income and net income after capital costs. • A review of marketing strategies, pricing policies and sponsorship efforts. • A detailed analysis of market penetration, based on NRH2O visitor surveys and attendance data combined with the CONSULTANT'S demographic data bank. • A review of local weather patterns during the park's effective operating season • A review of local school year schedules. • A review of competing aquatic facilities in the Dallas /Fort Worth area to include estimates of park revenue, expenses and attendance data. Review will include both larger water parks and smaller aquatic facilities. • A survey of other public water parks with attendance over 200 thousand. • A survey of other water parks (public and private) operating in markets with similar characteristics to NRH2O. • The compilation of demographic trends in NRH2O's market area, including population levels and trends, incomes, age distribution and ethnic composition. • Projections of attendance potential at NRH2O over a 5 to 10 year period. • • Projections of design level attendance figures and required capacity requirements. • Projections of financial performance at NRH2O, assuming the park is expanded to accommodate projected growth potential. • Preliminary estimates of warranted investment levels, based on projected net operating income. Task C — Distribution of the Draft Report of the Market and Financial Analysis Following the completion of Task B, the CONSULTANT shall prepare and distribute a draft report of the Market and Financial Feasibility Analysis. The draft will be distributed to the OWNER and all members of the Plan team. Task D — Workshop After the OWNER and Plan team members have had sufficient time to review the draft report of the Market and Financial Feasibility Analysis, the CONSULTANT shall contact the OWNER and Plan team members to elicit comments and suggestions. Based on this input, the CONSULTANT shall formulate an agenda for a one -day workshop to be convened at NRH2O or other location of the OWNER'S choosing. Attendees at this workshop will include representatives of the OWNER plus Plan team members. Following an early morning tour of NRH2O, all participants will meet to discuss the findings of the Market and Financial Analysis and to identify issues that require further consideration in the final analysis and master plan. At a minimum, the following items shall be addressed. • A finalized Market and Financial Analysis • A 5 to 10 year Master Plan • A Marketing Strategy 0 • A Pricing Strategy • A Sponsorship Strategy • Other issues yet to be identified. Task E — Final Report Having completed the workshop and identified the work products comprising the Strategic Plan Update, the CONSULTANT and other Plan team members will proceed to produce a final report. This report will be presented to the OWNER in draft form for review and comment. Following the OWNER' review and comment, any required amendments will be made to the draft report and a final report will be submitted. At a minimum, work products will include the following: • The final version of the feasibility study. • The master plan showing the placement of new facilities. • Recommended theming. • Estimated development costs. • An admission price structure. • • A recommended marketing strategy. • A recommended sponsorship strategy. • An economic impact analysis of NRH2O on the City of North Richland Hills and surrounding communities. • An evaluation of new complementary uses (e.g., family entertainment center, hotel /water park resort, etc.) • Industry information and trends. • Other issues to be identified. Task F — Report Presentation Once the final report has been approved by the OWNER, the CONSULTANT and otherteam members will be available to present the findings of the Strategic Plan Update to the OWNER and the public at a time and place of the OWNER's choosing. r� • 0 • • Attachment B NRH2O STRATEGIC PLAN Professional Services Fee Breakdown Strategic Planning Team $47,400 Design Team $34,500 Advisory Board $12,000 Subtotal $93,900 Expenses $3,000 Grand Total $96,900 • Details For Attachment B NRH2O STRATEGIC PLAN Professional Services Fee Breakdown Strategic Planning Team (WLHA & CCP Item 1 Project Coordination (WLHA -20 Hours @ $150.00 /hour $3,000 Item 2 Market and Financial Evaluation, including market penetration analysis $20,000 WLHA— 120 Hours @ $150 /Hour CCP —20 Hours @ $100 /Hour Item 3 Miscellaneous Client Meetings $3,800 WLHA — 20 Hours @ $150 /Hour CCP — 8 Hours @ $100 /Hour Item 4 Workshop Participation $2,000 WLHA -8 Hours @ $150 /Hour CCP — 8 Hours @ $100 /Hour Item 5 Preparation of Marketing Plan $5,200 WLHA— 8 Hours @ $150 /Hour CCP — 40 Hours @ $100 /Hour �m 6 Preparation of Pricing Plan $5,200 WLHA — 8 Hours @ $150 /Hour CCP — 40 Hours @ $100 /Hour Item 7 Preparation of Sponsorship Plan $5,200 WLHA — 8 Hours @ $150 /Hour CCP — 40 Hours @ $100 /Hour Item 8 Reimbursable Expenses $3,000 SUBTOTAL — WLHA & CCP $47,400 Design Team (KHA. CHA & DDI) Item 1 Coordination and Design Team Management $3,500 7 Hours /Month for 4 Months = 28 Hours (MCH) @ 125.00 Item 2 Provide Updated Adjacent Facility Analysis (CHA) $2,500 Item 3 Miscellaneous Client Meetings $4,000 8 x 2 Hours (MCH) @ 125.00 5 x 4 Hours (ASL) @ 100.00 LJ em 4 Workshop Participation and Documentation $6,000 (KHA, CHA and DDI) Preparation, Workshop, Documentation) 12 Hours (MCH) @125.00 12 Hours (ASL) @ 100.00 CHA - Two People/Two Days ($2,300) DDI — One Person /One Day ($1,000) Item 5 Preparation of Conceptual Master Plan w/ Theme Suggestions and Cost Projections $15,500 12 Hours (MCH) @125.00 55 Hours (ASL) @100.00 55 Hours (AGB) @ 100.00 CHA ($1,000) DDI ($1,000) JWC ($1,000) Item 6 Reimbursable Expenses $3,000 (Mileage,Travel, Reproduction, etc.) Subtotal — Design Team $34,500 Advisory Board Item 1 — Workshop (1 day's preparation and one One day's attendance for four people $12,000 m 2 Reimbursable Expenses $3,000 Subtotal — Advisory Board $15,000 Grand Total 0 $96,900 • TASK ATTACHMENT C COMPLETION SCHEDULE DATE OF COMPLETION 1. City Council Awards Contract December, 13, 2004 2. Completion of the Draft of the Market and Financial Analysis January 15, 2005 3. Convening of the Work Shop February 15, 2005 4. Submission of the Draft of the Strategic Plan Update March 15, 2005 5. Submission of the Final Report April 15, 2005 6. Public Presentation of the Strategic Plan Update April 25, 2005 • • • C7 CITY OF NORTH RICHLAND HILLS Department: Human Resources Council Meeting Date: 12/13/04 Subject: Approval of Changes to Compensation Plan Agenda Number: GN 2004 -108 History On February 24, 2003, Council adopted a resolution (No. 2003 -021) recognizing the need to compensate employees at a market competitive level in order to retain and attract quality individuals. As part of this resolution, Council instructed City staff to conduct annual salary surveys to determine market changes. However, because the compensation and classification study had just been implemented as well as budget constraints last fiscal year, the City's pay plans were not adjusted in calendar year 2004. For many years, employers linked salary increases with the changes to the Consumer Price Index, a measure of the average change in prices over time of goods and services purchased by households. The practice of applying across the board "cost -of- living" increases was abandoned years ago by many employers when the Department of Labor began tracking the Employment Cost Index (ECI). The ECI is a component of the National Compensation Survey compiled by the U.S. Department of Labor every quarter to measure the changes in compensation costs for both public and private sector employers. Incorporating the public sector ECI into the pay plan adjustments gives a more accurate picture of how salaries have changed for all public sector employers while still considering the local competition that exists among cities to attract quality employees. The ECI for state and local government employees from September 2003 to September 2004 was 2.00 %. Survey Methodology In October 2004, Human Resources conducted a using 66 benchmark positions from the Public General Services pay plans. The market analysis our pay plans against similar positions from the were used as the basis of comparison. The su Richland Hills Public Safety pay plan w Professional /Administrative and General Services average. Source of Funds: Bonds (GO /Rev.) Operating Budget Other L artment Head Signature survey of the ten designated area cities Safety, Professional /Administrative, and compared the benchmark positions from other ten cities. The midpoint averages rvey results showed that the City of North as 4.275% below market and the pay plans were 3.381 % below the market Finance Review Account Number Sufficient Funds Available v Budget Director Finance Director Manager Si§hature Page 1 of 2 • 0 CITY OF NORTH RICHLAND HILLS Using the market averages combined with the ECI, we are recommending the following adjustments to the Public Safety, Professional /Administrative and General Services pay plans: Category Percentage Multiplier Value Market Difference 60% X 4.275% 2.565 ECI 40% X 2.00% .80 Public Safety Pay Plan Adjustment 3.37% Category Percentage Multiplier Value Market Difference 60% X 3.381% 2.029 ECI 40% X 2.00% .80 Prof. /Admin. & General Services Pay Plan Adjustment 2.83% Budget Sufficient funds are available to provide for the.necessary costs. Implementation Implementation of the pay plan adjustments will be effective the first payroll period beginning January 2005 and will be applied in the following manner: 1) All ranges will be moved effective the first payroll period beginning January 2005. 2) Employees whose salaries fall below the minimum will be moved to the new range minimum effective the first payroll period beginning January 2005. 3) Following the pay plan adjustment, the pay for Public Safety employees whose salaries fall within the range will remain the same until the time of their annual merit/step increase on their performance review date. Those employees with acceptable performance reviews will be moved to their next step. 4) Professional /Administrative and General Service pay plan employees with acceptable performance reviews will be eligible for their merit increase on their performance review date. No additional salary adjustment will be given. As shared with Council during the budget process, we are currently evaluating a plan to provide a performance incentive payment to employees who exceed expectations in job performance, regardless of their position within the salary ranges. Recommendation To approve a 3.37% adjustment to the City's Public Safety pay plan and a 2.83% adjustment to the City's Professional /Administrative and General Services pay plans effective the first payroll period beginning January 2005 in accordance with the above implementation strategy. CITY COUNCIL ACTION ITEM Page 2 of 2 CITY OF NORTH RICHLAND HILLS nt: Administration Council Meeting Date:December 13, 2004 Subject: Consider Recommendation from the Naming Board Agenda Number: GN 2004 -109 Regarding the New Fire Station No. 1 Community Room Resolution No. 2004 -080 The Naming Board, members being Mayor Oscar Trevino, Councilman Frank Metts, Jr. and Councilman John Lewis, had an official meeting on Monday, November, 29, 2004 to discuss matters pertaining to the naming of various public facilities. One such item for discussion was a possible recommendation for the naming of the Community Room at Fire Station No. 1 being constructed on Shadywood Lane at Davis Boulevard. As you may remember, Mr. John Barfield and Mr. Doug Long dedicated the land for the relocation of this fire station. It was requested that in consideration of this grant to the City that the Community Room be named after the donors. The Naming Board took action, and by unanimous vote, is recommending to the City Council that the Community Room at Fire Station No. 1 be named the "Owen D. Long and John W. Barfield Community Room ". It was by personal request of Mr. Barfield and Mr. Long that the names be listed in this order. The construction of the fire station is progressing well and is expected to be completed by February, 2005. A decision on this matter now will allow enough time to order signage and /or lettering for the new facility. Dedication of the new fire station is planned for March, 2005. A copy of the minutes from the recent Naming Board meeting is attached (see item #2). Recommendation: Approve Resolution No. 2004 -080 Finance Source of Funds: Bonds (GO /Rev.) Operating Budget Other DepartmentLl-,Wad Signature Account Number Sufficient Funds Available nance Director pans 1 of MINUTES OF THE REGULAR MEETING OF THE NORTH RICHLAND HILLS • NAMING BOARD, HELD IN THE PRE - COUNCIL ROOM, 7301 NORTHEAST LOOP 820 NOVEMBER 29, 2004 AT 12:30 P.M. ROLL CALL Present: T. Oscar Trevino Mayor John Lewis Councilman Frank Metts, Jr. Councilman Staff: Larry Cunningham City Manager Richard Torres Assistant City Manager John Lewis, acting as Chairman, called the meeting to order at 12:42 P.M. 1. APPROVAL OF THE NAMING BOARD MINUTES — AUGUST 21, 2003 APPROVED Frank Metts made motion to approve the minutes of August 21, 2003, seconded by • Mayor Trevino. The vote was unanimous in favor of the motion. 2. CONSIDER RECOMMENDATION FOR NAME AT FIRE STATION No. 1 APPROVED Mayor Trevino made a motion to recommend to the City Council that the community room at the new Fire Station No.1 be named the "Owen D. Long and John W. Barfield Community Room." Frank Metts seconded the motion and the vote was unanimous in favor of the motion. 3. CONSIDER RECOMMENDATION FOR NAME AT FIRE STATION No. 4 N[) ArTIMI After a brief discussion by the Board, there was no recommendation for naming. 0 4. • CONSIDER RECOMMENDATION FOR NEIGHBORHOOD PARKS APPROVED Frank Metts made a motion to send to the Park and Recreation Board a request for three (3) names each for four (4) new neighborhood parks currently under design, and when possible, to consider a historical perspective in the naming. The Park and Recreation Board recommendations will be considered by the Naming Board with potential recommendations then sent to the City Council. Mayor Trevino seconded the motion and the vote was unanimous in favor of the motion. 5. CONSIDERATION OF A NAME FOR THE NEW DOG PARK APPROVED Mayor Trevino made a motion to send to the Park and Recreation Board a request for recommendation to develop a name for the new dog park that will include the name " Tipps" in recognition of the Don Tipps family and their public service effort involving animals. The Park and Recreation Board idea, or ideas, should be returned to the NRH Naming Board for a final recommendation to the City Council. Frank Metts seconded the motion and the vote was unanimous in favor of the motion. • 6. REQUESTS FROM CITIZENS NO ACTION After a brief discussion by the Board, the following was determined: a. Frank Metts, Jr., Street name change - Pulled from consideration b. John Jauregui, Street name change - No action C. Dana Rothrock, Street name change — No action 7. ADJOURNMENT Mayor Trevino motioned to adjourn and Councilman Metts seconded the motion. The vote was unanimous to adjourn the meeting at 1:40 P.M. John Lewis —Acting Chairman • Resolution No. 2004 -XXX is WHEREAS, the City Council appointed the NORTH RICHLAND HILLS NAMING BOARD, to consider names for various facilities in the City of North Richland Hills; and WHEREAS, the Naming Board presented their recommendation to the City Council to name the Community Room at Fire Station No. 1; and WHEREAS, the Naming Board recommends that the City Council name the Community Room for Mr. John Barfield and Mr. Doug Long who dedicated the land to the City for the relocation of Fire Station No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT, the Community Room at Fire Station No. 1 be named the "Owen D. Long and John W. Barfield Community Room." PASSED BY THE CITY COUNCIL this 13t' day of December, 2004. APPROVED: Oscar Trevino, Mayor 0 ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGAL FORM AND CONTENT: George Staples, City Attorney APPROVED AS TO CONTENT: Richard Torres, Assistant City Manager F1 L---A • CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 12/13/04 Subject: Approve a Resolution Supporting a Statement of Agenda Number: GN 2004 -110 Principles for the Implementation of a Regional Rail System in North Central Texas - Resolution No. 2004 -079 During the past 18 months regional leaders have worked cooperatively to develop a plan for creating a seamless regional rail system throughout the Dallas - Fort Worth region. The Regional Transportation Council (RTC) has been studying different means to improve the regional transportation system for several years, however during the August 2003 Transportation Summit in Irving, Texas, the two local newspapers (Fort Worth Star Telegram and Dallas Morning News) challenged the RTC and local leaders to develop a specific plan to provide rail to the region. The North Central Texas Council of Governments (COG) and the RTC created two key study groups to develop a plan for seamless regional rail. The first group consisted of seven committees which worked on a the Regional Rail Corridor Study. The purpose of this study was to determine possible regional rail and station locations. Attached is a map summarizing the work of the seven committees showing the proposed regional rail system with tentative station locations. Councilman Tim Welch and Councilman Scott Turnage represented the City of North Richland Hills during the Regional Rail Corridor Study. The second study group consisted of three committees that made up the Regional Transit Initiative. This group studied a much broader area. Its purpose was to look into the financial, institutional and legislative measures that were necessary to make regional transit work. This group had to answer questions related to funding, bus service, and development of institutional structure. Mayor Oscar Trevino, Councilman John Lewis, Councilwoman Jo Ann Johnson, and City Manager Larry Cunningham represented the City during the Regional Transit Initiative. There have been over 60 meetings during the past 18 months that focused on technical, financial, institutional structure and legislative issues of regional rail. This culminated in the Statement of Principles for the Implementation of a Regional Rail System in North Central Texas. Source of Funds: Bonds (GO /Rev.) Operating Budget Other Finance Review (Z JA I � - l t Department Head Signature Account Number Sufficient Funds Avai a e Finance Director Budget Director ity Man Signature Page 1 of _ CITY OF NORTH RICHLAND HILLS As we approach a new session of the Texas Legislature, many local leaders believe it is important that the region show a consensus of the Regional Transit Initiative. Tarrant County Commissioner Glen Whitley (who is also the Chairman of the Tarrant Regional Transportation Coalition) is requesting that all cities support a resolution which lists the ten "statements of principle" that resulted from the Regional Transit Initiative. Commissioner Whitley will be present at the Pre Council Meeting to address this resolution with the City Council. Recommendation: To approve Resolution No. 2004 -079. CITY COUNCIL ACTION ITEM • STATEMENT OF PRINCIPLES FOR THE IMPLEMENTATION OF A REGIONAL RAIL SYSTEM IN NORTH CENTRAL TEXAS RESOLUTION NO. 2004 -079 WHEREAS, area leaders serving on committees of the North Central Regional Transit Initiative have met over the past year to address the region's rail transit needs, rail funding requirements, and institutional arrangements to meet the region's rail transit needs as defined in Mobility 2025 -2004 Update, the metropolitan transportation plan for the Dallas /Fort Worth Area; and WHEREAS, there is an agreement on a demonstrated need for the provision of the regional rail services in Collin, Dallas Denton, Ellis, Johnson, and Tarrant Counties to address the projected increase in population, employment, and congestion; and WHEREAS, funding for regional rail services should be shared by all residents of the counties receiving regional rail services; and WHEREAS, regional rail services should offer the region's citizens a seamless system of rail transit services. NOW, THEREFORE, BE IT RESOLVED: Section 1. A new revenue stream is required that would be dedicated to the development and ongoing operation for regional rail service. There is a strong preference for additional sales tax capacity allowing for a region -wide local option election that could provide such revenues. Section 2. Local governments, transit entities, and the State should have a common base for taxable goods and services, including any goods and services newly taxed by the Legislature. Section 3. The continued growth of the existing transportation authorities, through the addition of new cities, is encouraged. Section 4. A new Regional Rail Authority (RRA) should be created to provide funding and represent the area. Section 5. The new RRA would work cooperatively with the existing transportation authorities to provide the public with regional rail services throughout the region. Section 6. A seamless system of rail transit services should be offered • throughout the region. • Section 7. The three existing transportation authorities will maintain their respective funding, responsibilities, and commitments (Dallas Area Rapid Transit, Denton County Transportation Authority, and the Fort Worth Transportation Authority). Section 8. There should be a provision for representation for the three existing transportation authorities in the governance of the new RRA to encourage continued cooperation and coordination. Section 9. There should be a mechanism (in the permissive legislation) for additional geographic areas (counties) to join the new RRA. Section 10. There should be cooperation throughout the region to maximize the amount of federal funding for regional rail. PASS AND APPROVED this the 13th day of December, 2004. • ATTEST: Patricia Hutson, City Secretary .... s I • I , APPROVED AS TO CONTENT: Mike CurtiCs, P.E., Public Works Director U Oscar Trevino, Mayor LLI H cn Cl) z 0 0 ui w 0 0 r 0 0 IL Im -0 z El Pf I.Pwij 0 y CL0 x -6 E 0 I a 71 >11 V 0 0 O as co 4) 4a co '0 CL N 1 W) CM 0 0 0 V 4) (0) cc m rc OE c S, 0 0. co cL. aarca �••oIlli >11 V 0 0 O as co 4) 4a co '0 CL N 1 W) CM 0 0 0 V 4) (0) cc m 401 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 12/13/04 Subject: Approve Mechanic's Lien Contract for Public Improvements Agenda Number: for the Construction of Street, Drainage, Sidewalk and Driveway Improvements for Cooley Addition, Block 1, Lot 1 - Resolution No. 2004 -078 PW 2004 -020 On October 11, 2004 Council approved FP 2004 -03, the final plat of Lot 1, Block 1, Cooley Addition as recommended by the Planning and Zoning Commission. During the platting process the property owner was informed that certain street and drainage improvements were required for Amundson Drive as outlined in the Subdivision Regulations. The City typically requires the improvements to be made during the development of the property (if feasible) or requires the funds for these improvements to be paid into an escrow account, to be used by the City when the improvements are made in the future. The property owner (Mr. Cooley) did not believe that the options outlined in the Subdivision Regulations should pertain to a one lot development. Staff informed Mr. Cooley that the Council has in the past, approved Mechanic's Liens (City- Developer Agreements) that defer all cost until the improvements are made by either the City or another developer. Staff added that it may be years before Amundson Drive is widened as indicated on the City's Thoroughfare Plan and therefore would be years before any payment was required. Mr. Cooley liked the idea about the Mechanic's Lien better than having to pay his "share" now, but believed he had justification for Council to waive all street improvement cost. A letter from Mr. Cooley to Mike Curtis, Public Works Director, listing his justifications is attached. The key points of Mr. Cooley's letter are summarized below. • Mr. Cooley had an appraisal company (Young Appraisal Company, Inc.) prepare an enhancement study for his property. The results of the study indicate that street and drainage improvements to Amundson Drive would not increase the value of his property. The City normally considers the results of enhancement studies only during CIP projects that are partially funded through assessments. The improvements to Amundson Drive are a requirement of the Subdivision Regulations and in this situation is a direct result of Mr. Cooley developing his property and is not the result of a City initiated assessment project. The results of the enhancement study are therefore not relevant in this circumstance. A copy of the report is attached. Source of Funds: Bonds (GO /Rev.) Operating Budget Other L, C-4-, CIO Department Head Signature Finance Review Account Number Sufficient Funds Availa e City Man4giVr Signature inance Director get Director Page 1 of _ • CITY OF NORTH RICHLAND HILLS • Mr. Cooley does not believe it is fair to charge (or require him to sign the Mechanic's Lien) for street escrow just because he is building a new house. He believes that since he is only developing one lot and has lived in the City a number of years, he should be granted a waiver from the Mechanic's Lien. Mr. Cooley would like to present his argument for a waiver to the City Council but understands that this is not a public hearing and he may not have the opportunity to speak. Staff recommends that Mr. Cooley not be required to pay street escrow at this point in time but be required to sign the Mechanic's Lien so that all street improvement costs are deferred until the street is improved. Recommendation: To approve Resolution No. 2004 -078. CITY COUNCIL ACTION ITEM Page _ of • RESOLUTION NO. 2004 -078 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1. The City Manager be, and is hereby authorized to execute the attached Mechanic's Lien Contract for Public Improvements with Kent and Marilyn Sue Cooley for street, drainage, sidewalk and driveway improvements to Lot 1, Block 1, Cooley Addition as an act and deed of the City. PASSED AND APPROVED this the 13th day of December, 2004. • ATTEST: Patricia Hutson, City Secretary i APPROVED AS TO CONTENT: MikelCurtis, P.E., Public Works Director • Oscar Trevino, Mayor -4 C412 IRAF TRAA IS U AC 2-M AC 14 *6 Is v 122 24 M so Ta 4c 24 TRA Ac Jim, 1 3 4 4 C -4 3 3 4 2 7 It 21 23 SA ot 10* -Japh Al U[A',FON 04, 37 38 45 48 TLIN 2 '3 14 5 6 48 2 7 4 JS p 14 33 31 M 47 c +.l "TL 43 kJ- a 8 7 3 Jcl-1 41 17 3M -- 14 1 Ac 2 30 T ;w 10 n SH'., A A 4M 1 AD 27 qL, — 'WE pd, 115 23 --i� 4 .'A= As Tlxm A At 4 is I i2 3 3 21 - - -- I a 0 PDX 44R 1 - • 45R 20 n LIJ I — 7 L 40 :!1 2 471t 40 TR.2 I Ac TRJ0 3.77 At --TRYAAJf"AC7 As Ac AW1_ TPLM LOT 1, BLOCK 1 1 21 -09 At COOLEY ADDITION o -nt ON MA um 20 Iff 7*M " \ \ to ft a u Ac Lu a w 2.1 ft 2.2 At 0 17 28 4 • ,!: Z t 12 375'aL fv.j� i A5 .At 7 4 3 A 1pt TRJM W-:: E: Rk-D IS 1. 1 Ac 45 0 2D 21 E75% 24 26 20 44 .2 a TR ml e4k. .5 At 14 12 tj 43 1 4 TR e TRjew 0 24 u S 1 7 �4 24 ZA AD L a ID 42 1 , i )W��� 1, 3 4 10 41 23 TR sc 2 9 12 2 3 4 5 6 7 7; .2 L45 At 40 22 1 TR BLI 11 22 .5 At 12 39 -A 1 110 f 9 21 21 2 !3 4 5 a 23 X a 21 — 7 22 24 w 2 .14 7 1 2 3 • 20 3 7wj- 4 25 37 9 14 3 6 7 f I 26 ID U- 3 4 8 -17 • -"— f 39 a 2 -S5 Is 2 u 27 v .14 9 V 3 9 T7 : fi�-- 4 34 13 3 4 )AD 7 V u T7 as 33 Is 3 4 7 2 2 7 7 a , " a I I b 0 2 32 TL90 30 5 TM 1 14 13 U - 3 At J4 Ac 20 1 2 u 14 14 15 31 71 3- Ain v so 27 23 -a r ID 11 U :13 .14 :10 v n 25 24 22 TRAM AC 1 2 It 02 2 is 2 Ac 2 4 28 V . I . 2 4 11 8 17 3-L ,12 13 .14 1 v 15 -20 .25 124 23,22, 21 2D 3 7 TOO 4 20 q,, . 1"', 014 1%70 L Fll 7 8 v 30 41 42 53 54 4 -oa 7 8 7 is 31 40 43 112 3 a Is 4 &M Ac i Ac it i2 30 44 51 TWH -� 4 33 46 aD 3 St 7R,Rae 23 37 D "? AC 'M7 34 44 41 IX7C COOLEY ADDITION 22 36 47 48 ao i 1 At LOCATION MAP 12 ............ ......... ........... . ................. . • MECHANIC'S LIEN CONTRACT FOR PUBLIC IMPROVEMENTS STATE OF TEXAS § COUNTY OF TARRANT § This contract is made by and between Kent Cooley and Marilyn Sue Cooley, herein styled "Owners," and the City of North Richland Hills, Texas, herein styled "City," for the purpose of documenting the terms and conditions under which City will construct public improvements adjacent to their property located at 8724 Amundson Road, North Richland Hills, Texas, at Owners' expense, and Owners grant a mechanic's lien to the City securing payment of such expenses. Such contract is made in order to relieve Owners of the immediate obligation under the City's subdivision ordinance requirements to construct such public improvements as a condition of developing Owners' property. • FOR AND IN CONSIDERATION of the mutual covenants herein set forth, Owners and City agree as follows: Owners agree to pay City the cost of labor and materials required to construct public improvements consisting of 200 linear feet of curb and gutter, 510 feet of reinforced 24" pipe, a 15 feet wide 5" thick driveway, a 4 foot wide sidewalk, and a 10 foot wide curb inlet along Amundson Drive in the right -of -way adjacent to Owners' property known and described as Lot 1, Block 1, Cooley Addition, an addition of the City of North Richland Hills, Tarrant County, Texas. If not paid within 60 days after a statement is mailed or delivered to Owners, City shall be entitled to interest, attorneys fees, and costs of collection as hereinafter set forth. • Mechanic's Lien for Public Improvements- Page I CADocuments and SettingsUbarton\Local Settings \Temporary Internet Files \OLK20MMECHANICS LIEN FOR PUBLIC If"ROVEMENTS Cooley.doc • • 2. City agrees to construct the public improvements described in 1. above to the standards of the City in effect at the time of such construction, and to mail or deliver to Owners an itemized statement upon completion of such improvements, which shall be due and payable sixty (60) days after such mailing or delivery. If not paid within such time, such amount shall accrue interest on such stated sum at the rate of 8% per annum, and City shall be entitled to its reasonable attorneys fees and costs of collection. 3. Owners grant City a lien against their property described in 1. hereof to secure payment of all sums due City under this agreement. 4. This agreement and these covenants shall run with and be binding on successors in title to the said Lot 1, Block 1, Cooley Addition of the City of North Richland Hills, Tarrant County, Texas. 5. It is agreed and understood that the public improvements described herein may not be constructed by City for years, and that Owners or their successors in title shall be entitled to a release of these obligations by securing required permits and constructing such public improvements to City specifications. AGREED this day of 2004. OWNERS: KENT COOLEY • Mechanic's Lien for Public Improvements- Page 1 CADocuments and Settings \lbarton\L.ocal Settings \Temporary Internet Files \OLK20F\MECHANICS LIEN FOR PUBLIC IMPROVEMENTS Cooley.doc MARILYN SUE COOLEY Owners' Mailing Address: 8408 Randy Drive North Richland Hills, Texas CITY OF NORTH RICHLAND HILLS, TEXAS Larry Cunningham, City Manager City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 • ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney • Mechanic's Lien for Public Improvements- Page I CA\Documents and Settings \IbartonTocal Settings \Temporary Internet Files \OLK20F\WIECHANICS LIEN FOR PUBLIC IMPROVEMENTS Cooley.doc • ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § • BEFORE ME, the undersigned authority, on this day personally appeared KENT COOLEY and MARILYN SUE COOLEY, known to me to be the persons whose names are subscribed to the foregoing instrument, who acknowledged to me that they executed the same for the purposes therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2004. STATE OF TEXAS COUNTY OF TARRANT § Notary Public in and for The State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this date by Larry Cunningham, City Manager of the City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. 2004. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for The State of Texas • Mechanic's Lien for Public Improvements- Page I CADocurnents and Settings\lbarton \Local Settings \Temporary Internet Files\OLK20F\MECHANICS LIEN FOR PUBLIC IMPROVEMENTS Cooley.doc 51145a4bZb UUUL.GY UHIKUYKA(;'1'1l; Ij2JUU2 Kent & Susie Cooley 8408 Randy Dr. North Richland Hills, Texas 76180 817 -656 -1030 RE: Developer agreement for road assessment to Cooley Addition at 8720 Amundson Dr. Attn: Mike Curtis Public Works Department Dear Mr. Curtis, This letter is in reference to the road assessment for our property at 8720 Amundson Drive. My wife and I are asking for the City Council of North Richland Hills to waive the assessment for the future road improvements to our property. The reasons for this request are listed below. 1": The engineering firm which has been involved in the platting of our property has stated that my home will not have enough impact to Amundson Drive to justify the assessment of approximately 16,000 dollars. 2ad: An enhancement study of our property was performed by Young Appraisal Company. His analysis states that a future road improvement project along this portion of Amundson Drive would result in no enhancement to our property. I have enclosed a copy of the study with this letter. Since this would not increase the value of our home, then this assessment will have a negative impact to its value. If the time comes that we have to sell our home and the road improvements have not yet been performed, then we will have to sell our home with this assessment attached to it I do not believe that someone will want to pay market value for a home knowing that they may have to pay another 16,000 dollars in the future. 31d: I do not believe it is fair to charge one person this assessment because their home is new to the road and not charge the other homeowners along Amundson Drive because they have lived there longer. It is my understanding that the older homes are being grandfathered in. My wife has lived 2/10's of a mile from this property since 1978. I have lived in North Richland Hills since 1980. I believe that our combined 50 years in North Richland Hills should grant us this grandfather clause. • lU /40/ZUU4 Ua:11 rAA 0114004OZO UUUL.L' Y UH11(Url(AUI IU lgJ U U 3 • 0': I can understand if a subdivision with several homes or a large comet was being uilt. This would have a major nth business ng � impact to the road. I do not believe that our home has any impact to Amundson Drive. Finally, Crane road was improved upon this year through a bond package. Wouldn't the improvements to Amundson Drive be through a similar bond package? If so, this would be fair to everyone. Thank you for considering our request. Sincerely, Q 4 Kent R Cooley 6 • 11 U`J:11 HAA 5114ba4bZb WULEY UH1XUrXAL;1'll; Lj%JUU4 YOUNG APPRAISAL COMPANY, INC. REAL ESTATE APPRAISAL • CONSULTING W. Paul Young, MAI August 19, 2004 Dr. Kent Cooley 8408 Randy Drive North Richland Hills, Texas 76180 RE: Enhancement Study: 8720 Amundson Road, North Richland Hills, Tarrant County, Texas Dear Mr. Cooley: As requested by you, I have completed an enhancement study of the above referenced property, for a potential road improvement project along Amundson Road, between Main Street and Crane Road. Purpose of Study The purpose of this enhancement study is to determine an estimated amount of enhancement, if any, which is anticipated to accrue to the subject property herein described as a result of the City of North • Richland Hills improving Amundson Road with concrete curb and gutter and storm drainage facilities. Function of Study The function of this enhancement study is to serve as a guide for the City of North Richland Hills and the property owner in determining the amount of future assessment for the subject property. Effective Date of this Study The effective date of this study is August 18, 2004 Scope of Study The scope of this assignment included researching the Multiple Listing Service for comparable sales and reviewing information in my appraisal files concerning similar road improvement projects within the City of North Richland Hills. Currently, the subject tract contains approximately 200 feet of frontage along Amundson Road. After the potential improvement of Amundson Road, the frontage would be improved with concrete curb and gutter with storm drainage facilities. 6633 Grapevine Highway, Suite 105 • Fort Worth, Texas 76180 • (817) 590 -0066 • Fax (817) 590 -0069 • Highest and Best Use The highest and best use of the subject property as if vacant and ready for development, is for residential purposes that comply with the current zoning regulations. Summary of Reasoning and Conclusions Several sales of properties within the subject neighborhood and competing neighborhoods were analyzed in order to determine if the property will be enhanced by a potential road improvement project. In addition, several older sales of properties located throughout the area have been compared primarily for determining the difference in price of property on streets with concrete curb and gutter and storm drainage facilities compared to the prices of otherwise similar tracts with the exception that they were on unimproved streets without concrete curb and gutter or storm drainage facilities. The subject tract is located along the south side of Amundson Road and is on a higher elevation than Amundson Road. Properties along the south side of Amundson Road are primarily developed with single family residences. The north side of Amundson Road is located adjacent to the DART railway. Due to the location along the rail road right of way, no future development will be taking place along the north side of Amundson Road. Additionally, due to the topography of the subject site, there would appear to be no future drainage problems on the subject property or surrounding properties. • Based on my analysis of comparable sales, coupled with the physical and locational amenities of the subject property, it is my opinion that a future road improvement project along this portion of Amundson Road would result in no enhancement to the subject property. Sincerely, W ' (.GGtit Q W. Paul Young, M State Certified General Real Estate Appraiser s Department: Administration CITY OF NORTH RICHLAND HILLS Council Meeting Date: 12 -13 -04 Subject: Consider Action on Resignation of Frank Metts, Jr. from Agenda Number: GN 2004 -111 City Council. Councilman Frank Metts, Jr., Council Place 3, has submitted a letter of resignation from the City Council to be effective December 13, 2004, upon its acceptance by the City Council. According-to the City Attorney, a resignation is not effective until the Council actually votes on this. Mr. Metts has requested that this be placed on the December 13 agenda for consideration by Council. Recommendation: To take action regarding the acceptance of this resignation. Source of Funds: Bonds (GO /Rev.) Operating Budget Other -= ��� ' ?ells ��-i�L i✓Z� Department Head Signature Finance Review Account Number Sufficient Funds vailat5le ity Ma Finance Director Pan= 1 of MEMORANDUM. To: Mayor and CityCouncil, City of North Richland Hills. a an so manage an an gaseous swasawwwanown was I hereby tender my resignation from the North Richland Hills C ity Council effective December 13, 20Q4, upon it. acceptance by vote of the City Council. Signed .December 8, 2004 . Respectfully, Frank Melts, Jr. } u ' ECEIVE ,1. CITY OF NORTH RICHLAND HILLS I Council Meeting Date: 12 -13 -04 Department: Le al Subject: Action Pursuant to Article V Section 7 of City Charter Agenda Number: GN 2004 -112 to fill vacancy on City Council. Article V, Section 7, of the City of Charter (a copy of which is attached) provides that when there is a vacancy in the office of Mayor or Councilmember, the City Council is required to order a special election to fill the vacancy, unless the office being vacated is 180 days or less from expiration of such vacated office. If the time period is less than 180 days, the Charter allows the Mayor, with the approval of a majority of the City Council, to appoint a person to fill such vacancy. Since there are no uniform election dates available before the regular May date, a special election cannot be called to fill the vacancy. (See Texas Election Code, Section 41.001(a) and (e)). With the letter of resignation from Councilman Frank Metts, Jr., this item is being placed on the agenda to consider the filling of this Place 3 on the City Council with an appointment by the Mayor. If an appointment is made and approved by the City Council, then the appointed person for Place 3 will complete the unexpired term of Council Place 3. Recommendation: To consider action regarding appointment to unexpired term of Councilperson Place 3. Source of Funds: Bonds (GO /Rev.) Operating Budget Other epartmen Head Signature Finance Review Account Number Sufficient Funds Avai a e CWManager Sig nce Director Paoe 1 of 1 • Excerpt from City Charter of North Richland Hills, Page 4, ARTICLE V: CITY COUNCIL SECTION 7. VACANCIES. In case of a vacancy from any cause in the office of Mayor or Councilmen, the City Council shall order a special election to fill such vacancy, provided, however, in the case of only one (1) vacancy when there remains one hundred eighty (180) days or less until the expiration of the office to be filled, the Mayor, with the approval of a majority of the Council, may appoint a person to fill such is vacancy. 40 Announcements and Information • December 13, Toy Drive North Richland Hills employees are accepting dn eedy t of s of news during unwrapped toys. The toys will be distributed o contact the the holiday season. For more information, Communications Department at 817 - 427 -6125. u..l :rlav CIOSInQS ' """"' December 24, and Friday, City offices will be closed on Friday, December 31, in observance of the Christmas and New be Year's by the Holidays. Trash and recycling collections will not b holidays. has The regularly scheduled City Council meeting for December r 2 at 7 00 been cancelled. We will meet again on Monday, January P.M. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Jeremy Sutton, Public WoDepartment Sutton for his A resident called to compliment Jeremy professionalism, knowledge and dedication S responding to a suspected water leak. The resident said Mr. Sutton was very courteous and well trained. Night of Holiday Magic Committee Congratulations to all of the City Staff and volunteers for another five excellent Night of Holiday Magic event. h se received event.many We would comments from the community about year's especially like to recognize: The Parks & Recreation Department, Support Services, Public Works, Police Department, Fire Department, Neighborhood Services, Library, Municipal Court and • CitiCable for a great job with planning and coordinating this year's event. • The 13 community groups that performed on stage. All of the performers did a great job of getting us in the holiday spirit. • The 17 community organizations that provided more than 250 volunteers to help with the activities. We would not have had such a wonderful event without your generous support. 0