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HomeMy WebLinkAboutCC 2004-06-14 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JUNE 14, 2004 - 5:45 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 June 14, 2004 City Council Meetinq (5 Minutes) 004-061 Status Report on the Damaqe of Recent Storm (10 Minutes) 3. I R 2004-058 Review Theme for Liberty Park (10 Minutes) 4. I R 2004-063 Discuss (1) Request of Councilwoman Bielik regarding Senior/Disabled Tax Freeze and (2) Provide Clarification of Direction to City Manager Regarding Senior/Disabled Tax Freeze Matter (15 Minutes) 5. *Executive Session - The Council may Enter into Closed Executive Session to Discuss the Following: a) Personnel Matters Authorized by Government Code §551.074 - 1) Appointment of Municipal Court Judge and Alternate Judges and Establish a Salary for Such Term 2) Appointment of City Attorney and Contract b) Consultation with City Attorney on Pending Litigation as Authorized by Government Code §551.071 - Jacobson v. City of NRH 6. Adjournment *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. lPlPOpTED \() I ð'i - 06/14/04 City Council Agenda Page 1 of 5 DatE' \ '. () Ò -\'. CV) . Time fJ;sst. C't c- r,! µ ~)~l~~-/ ..---. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 14,2004 - 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 - Councilwoman Johnson 3. Pledge - Councilwoman Johnson 4. Special Presentations 5. Citizens Presentation 6. Removal of Item( s) from the Consent Agenda 06/14/04 City Council Agenda Page 2 of 5 NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the May 24, 2004 Council Agenda Meeting PS 2004-17 b. Consideration of a Request from Bobby Joe Dowdy to Approve the Final Plat of Lot 1, Block 1 Dowdy Addition Located at 6525 Harmonson Road (1 .18 acres) GN 2004-049 c. Reschedule June 28 City Council Meeting to June 29 PW 2004-012 d. Award of Bid to Humphrey and Morton Construction Company, Inc. in the Amount of $1,103,438.20 for the Holiday West Channel Improvements Project (Holiday Lane to Meadow Oak Drive) and the Riviera Channel Erosion Improvement Project and Revise the 2003/2004 CIP Budget PW 2004-013 e. Approval of Change Order #2 to the Walker Branch Channel/Calloway Branch Channel, Phase III Improvement Project with Craig Olden, Inc. in the amount of $23,900 for the Construction of Meadowview Channel Protection Project and Revise the 2003/2004 CIP Budget PW 2004-014 f. Award of Bid to Sharrock Electric Co. in the amount of $64,836.66 for the Mid Cities Boulevard and Simmons Drive Traffic Signalization PU 2004-028 g. Authorize Interlocal Purchasing Agreement with the City of Forest Hill - Resolution No. 2004-039 8. PS 2004-12 Consideration of a Request from Coy Quine to Approve the Final Plat of Lots 1 R & 2R, Block 1 North Edgley Addition, Second Filing Being a Re-plat of Lot 1, Block 1 North Edgley Addition, Second Filing Located at 7511 Grapevine Hiqhwav (2.7 acres) 06/14/04 City Council Agenda Page 3 of 5 NUMBER ITEM ACTION TAKEN 9. PZ 2004-07 Public Hearing and Consideration of a Request from Rand Carlson for a Zoning Change from "1- 2" Medium Industrial District to "HC" Heavy Commercial District Located at 5750 Rufe Snow Drive (2.26 acres) Ordinance No. 2784 10. PZ 2004-09 Public Hearing and Consideration of a Request from Integer Development for a Zoning Change from "C2" Commercial District to "R-2" Residential District Located in the 8000 Block of Starnes Road (4.11 acres) Ordinance No. 2785 11. LRB 2004-01 Public Hearing and Consideration of a Request from Jones & Carter, Inc. on Behalf of Brinker International for a Landscape Variance from Ordinance No. 2473 for a Proposed Chili's Restaurant at 8485 Davis Boulevard (.014 acres) 12. PZ 2004-11 Consideration of a Request by Jones & Carter, Inc. on Behalf of Brinker International for Site Plan Approval of a Proposed Chili's Restaurant at 8485 Davis Boulevard (,014 acres) 13. LRB 2004-02 Public Hearing and Consideration of a Request from Ernest Hedgcoth on Behalf of Huggins Honda for a Landscape Variance from Ordinance No. 2473 at 7551 Loop 820 (acres) 14. GN 2004-044 Public Hearing Regarding Charter Communications/Cable Franchise Renewal 15. GN 2004-046 Request Action Regarding the City's Continued Participation in the NE Job Access Program 16. GN 2004-047 Consider Appointments to South Grapevine Highwav Corridor Oversiqht Committee 17. GN 2004-048 Authorize City Manager to Enter into an Agreement for Professional Services with Kimley-Horn and Associates, Inc. for the Proposed Loop 820 Corridor Study - Resolution No. 2004-029 06/14/04 City Council Agenda Page 4 of 5 NUMBER ITEM ACTION TAKEN 18. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda GN 2004-045 1) Appointment of Municipal Court Judge and Alternate Judges and Establish a Salary for Such Term - Ordinance No. 2788 PU 2004-029 2) Approval of City Attorney Appointment and Contract - Resolution No. 2004-038 19. Information and Reports- I R 2004-055 2004 TXU Games of Texas I R 2004-059 Audible Crosswalk System Located at Mid-Cities at Home Depot/Birdville Stadium I R 2004-062 Grand Re-Opening of Rufe Snow Drive between Loop 820 and Mid Cities 20. Adjournment ~:~¡i:'1~:~;:J.'¡¡~"'."-' " (p~:~ .-._-~ DatE' ".0 D ~ v./'I Time ~. City Secretary µ~~~,~ 06/14/04 City Council Agenda Page 5 of 5 By :- INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR# 2004-061 '*" Date: Subject: June 14,2004 Status Report on the Damage of Recent Storm On Tuesday evening, June 1, 2004 bad weather hit the north central Texas area. The City of North Richland Hills was particularly affected by various damage as a result of the high winds, hail and heavy rains. The storms arrived at approximately 8:30 PM with very strong winds and scattered pea-sized hail. Measured wind speeds averaging 40 miles per hour were experienced and one gust to 59 miles per hour was measured. Oncor was notified by NRH dispatch of the power outages as they became apparent. Wednesday morning, the scope and severity of the outages was clear. Oncor reported at the height of the storm approximately 500,000 customers were without power, Wednesday morning, June 2nd, the estimated 'number of customers without power was revised to approximately 320,000 customers. The following is a brief status report on the damage done by the storm and the impact it left on City operations and services: Public Works: Although clearing of debris from the roadways around town was an issue for many hours immediately after the storm, the most significant problem encountered by City crews was tending to water services. During the Tuesday evening storms the City lost power to two (2) of its four (4) key booster pump stations. These pump stations provide the City approximately 60% to 70% of its daily water. One pump station is located on the west side of the City on Western Center Boulevard and is owned and operated by the City of NRH. The other one is located on the east side of the City at Precinct Line Road and Glade Road, but is owned and operated by the Trinity River Authority (TRA). Fortunately, all of the City's water storage tanks were full when we lost power. Between the water in the tanks and the water being supplied by the other two (2) pump stations, the City only had several hours of water unless drastic measures were taken to reduce the water consumption. That is when the City implemented the mandatory Stage 4 water rationing. The same day, the City rented a generator that would supply power to the pump station located on Western Center Boulevard. By the end of the first day, we had a back-up power source (the rented generator) for the Western Center pump station, but still no power to the Glade Road pump station. Oncor restored power to the Western Center pump station the following day (Wednesday). TRA did not provide a generator for the Glade Road pump station until Wednesday. It was not until Friday morning that Oncor was able to restore power to the Glade Road pump station. City maintenance crews kept the generator from the Western Center pump station through the weekend, in case Oncor lost power again from the forecasted storms. '-- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Recreation Center/Library/Municipal CourtlCiticable Facility: ',- Power was lost at the large facility owned by the City of North Richland Hills on Loop 820 at Rufe Snow for about two and a half days (Wednesday, Thursday and part of Friday). It was not until Friday that partial power was restored to the building by Oncor. It was Saturday before full power was back to normal. The Recreation Center services were almost completely shut down as a result. Summer day camp was the only real service that continued, however the children were taken to other facilities and locations for entertainment. The Library and Municipal Court were also closed during much of Wednesday and Thursday due to the loss of power. A small back-up generator is located at this facility and was activated at this time, however, the only real use of the generator is to support the computer servers located in the building. Citicable operations were also greatly impacted by the loss of power. We have since learned of the importance to backing up the equipment here so that at least the information pager can be utilized during power outages. This service, of course, would only be useful to our citizens if they have power at their homes and are able to access Charter Cable service. We were told that during the peak power down time that only seven (7) of twelve (12) nodes operated by Charter Cable that are in located in North Richland Hills were with power. Many citizens in NRH that had power may not have been able to get Charter Cable because so much of their system was down that requires power to send the signal. There were at least two significant water leaks in this facility, one in the children's section of the Library and one in the administrative offices of the Recreation Center. Damage was minimal from these leaks. The roof at this facility has been a problem for some time and leaks are typical during any major rain event. Also, many of the employees that work at this facility were used on -- Wednesday and Thursday to deliver the water rationing notices door to door in the City. NRH20: Fortunately damages to NRH20 were minimal. Only one large tree was lost, but there were a lot of tree limbs and debris to clean from the water park after the storm. Electricity was only lost at the water park for a short time Tuesday evening. By Wednesday morning it was fully restored and the clean-up began. Due to the water rationing being done city-wide, a decision was made to close the water park on Wednesday only. Although a lot of water is sprayed at NRH20, only about 15,000 - 20,000 gallons is used on an average day to re-supply the park. Most of the water is treated and re-circulated. The Green Extreme may have been damaged by lightning, but was repaired and put back in operation within a short time. Iron Horse golf Course: There were no damages to any of the facilities at the golf course; however, there was much damage to trees. It took several days to clear out the limbs and debris, and several large trees were lost to the storm. The golf course was only shut down for a short time on Wednesday, but of course there were not many golfers wanting to play in the few days after the storm. Parks and Recreation Facilities: "-- There were no major reported damages to any of the City's park facilities. However, as would be expected, there were many trees and limbs that were downed by the storm. Parks maintenance crews immediately began the clean-up operation and within a few days, had the debris cleared. Fire Department: ,--. Power was lost on Tuesday evening at both Fire Station No. 2 (South Rufe Snow) and No. 3 (Davis Boulevard). All the City's fire stations are supported by back-up generators, so within a short time the generators were activated at these two (2) locations. There was no loss of services to residents provided by the City's Fire Department during the bad weather. Police Department: The Police Department is also backed-up by a generator which performed well during and after the storm. There were no damages reported to the building. The department employees were particularly busy during this time working traffic issues and supporting the many intersections throughout town that lost power to the traffic signals. Stop signs had to be put up at many locations, many of which were also manned with an officer to direct traffic until the power could be restored. The following call data was experienced by NRH dispatchers during this event: 344 total incoming phone calls were received by dispatchers: 165 = 9-1-1 phone calls 131 = 281-1000 line phone calls 46 = other administration lines 2 = North Hills Medical phone calls ,- 69 total outgoing phone calls were made. The Fire Department received and responded to 83 calls for service between 7 p.m. and Midnight, with an additional 19 calls from midnight through 0700hrs shift change. The Police Department received and responded to 82 calls for service between 7p.m. and Midnight, with an additional 33 calls through 0600hrs shift change. In the coming weeks, Staff is planning to meet to discuss the strengths and weaknesses of being able to deal with bad weather conditions in short notice. Our intention is to develop a plan to modify any shortcomings we had during this recent event and learn from them. Clearly there were a number of things that occurred that we were not necessarily pleased about such as back-up power supplies, overall communications and notice delivery to our customers. We will keep you informed as to our progress. Respectfully Submitted, ¿~ Richard Torres Assistant City Manager INFORMAL REPORT TO MAYOR AND CITY COUNCIL NO.1 R 2004-058 ~ Date: --r Subject: June 14, 2004 Review Theme for Liberty Park After the events of September 11, 2001 and the country's renewed sense of patriotism and gratitude for those men and women that have fought for our freedoms, the Facility Naming Board named a park in honor of veterans that have served our country. The park land on Holiday Lane and Industrial Blvd was selected because of the visibility of the park and the high traffic count. The name "Liberty Park" was chosen for the site with an intent to create a space of reverence and respect for our military men and women. As the name "Liberty Park" implies, the park and the recommended veterans' monument will represent the themes of liberty, democracy and freedom. Staff is recommending San Antonio artist Donna Dobberfuhl to design and construct the monument. Ms. Dobberfuhl holds a MFA degree (cum laude) from the New York Academy of Art Graduate School of Figurative Art. She has provided successful design and placement of sculpture works throughout the United States. Past projects have included exclusive designs for private individuals, governmental agencies, zoological and botanical gardens, institutions, civic facilities, museums and educational facilities. Initial plans for the park include a brick wall carving of soldiers that will incorporate the theme of liberty. To further complement the space and the monument, a "Liberty Walk" is planned within the trail that will meander throughout the park. The trail will lead the park visitor to discover quotes of patriotism and liberty that will be cast in granite, concrete or stone inlaid panels. The Park and Recreation Board has developed an ad hoc committee to select quotes for the walk way and to make recommendations on how to best honor veterans within the space incl,uding the sculpture. The trail will eventually lead to the brick sculpture where visitors will be moved by a visual image of soldiers from our country's various wars all wrapped in a theme of liberty, sacrifice, freedom and democracy. The Park and Recreation Board have recommended that the monument include a minimum of 9 soldiers. To supplement the budget for the monument a fund raising campaign may have to be developed. The fund raising campaign would include veterans groups, civic groups and corporate sponsors. So far, Liberty Bank has expressed interest in sponsoring a portion of the "Liberty Walk". Once a contract is signed with the artist, the artist will collaborate with project participants to sketch a design for the wall that will speak to the spirit of liberty and to those that have served our county. The sculpture should be timeless and go beyond the moment so that it is relevant many years from now and will continue to inspire and move people regardless of the year, decade or even century. We look forward to visiting with you further about this and seeking any direction that you will provide on the selection of Donna Dobberfuhl for the artist at Liberty Park. Respectfully submitted, ~ Vickie Loftice Assistant Director of Parks and Recreation ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS PAAKS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR# 2004-063 ~ Date: ~ Subject: June 14, 2004 Request of Councilwoman Bielik Regarding Senior/Disabled Tax Freeze and Provide Clarification of Direction to City Manager Regarding Senior/ Disabled Tax Freeze Matter This Pre-Council Agenda item is for a two-fold purpose, one of which is to bring forth a request of Councilwoman Nancy Bielik and to request clarification to the City Manager regarding a previous direction which relates to the same subject matter. On Friday, June 4, Councilwoman Bielik provided to the City Manager a document, which is attached, regarding the freezing of taxes of senior and disabled citizens of the City. She requested that this item be placed on the next City Council Agenda. I verbally responded to Councilwoman Bielik at that time that it was my interpretation that this matter related to the, Senior/Disabled Tax Freeze would be placed on the June 28 Council Worksession and that a. report on the impact of such a freeze would be discussed so that Council could be fully informed prior to making any decision with respect to either calling an election or any other action that they may choose to proceed with. . As I understand, it was Councilwoman Bielik's belief tha1 her request was separate from that which was to be on the June 28 Pre-Council Meeting, and therefore she requested that we proceed with putting this on the June 14 Agenda. Although I had not formally agreed or .,- disagreed to place this matter on the June 14 Agenda, Councilwoman Bielik filed an appeal of my decision. Again, it is my opinion that these are inter-related matters and are of the same subject matter and I am of the understanding that Council requested the matter related to the Senior/Disabled Citizens Tax Freeze be placed on the June 28 (now June 29) Pre-Council Agenda, and further, that I am expected to bring a report regarding the impact of such a freeze on revenues of the City so that Council can be fully informed prior to making any decision on this subject. With that understanding, it is my feeling that the Council requested Staff to proceed with one approach and the request of Councilwoman Bielik was contrary to that direction. When a situation as this occurs, the policy and practice of the City Council has been for the City Manager to present such matters to the full Council for direction. Therefore, I have placed this matter on Pre-Council with respect to Councilwoman Bielik's request and also my request to get clarification and direction of what I am expected to do for June 29, and how to address the matter related to Councilwoman Bielik's request. I will appreciate your clarification and direction on this matter. We look forward to visiting with you on this on Monday evening. Respectfully Submitted, '- ~nttr City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NI~H CITY OF NORTH RICH LAND HILLS MEMO TO: Nancy Bielik, Councilwoman FROM: Larry J. Cunningham, City Manager SUBJECT: Request for Agenda Item - Freeze Taxes of Senior and Disabled Citizens DATE: June 9, 2004 Last Friday June 4, following the Council Orientation, you handed me a one page document regarding Freeze of Taxes of Senior and Disabled Citizens that you asked that we place on the June 14 Council Agenda. At the time that you handed this to me, you and I discussed this matter briefly, and I indicated to you that I had some concerns that this was similar in nature to the discussion that the Coùncil had asked us to place before them on the June 28 Pre-Council Agenda. Because of this, I had some reservations as to whether or not this would be contrary to that previous direction of the Council as I thought your request would be a part of that discussion. I had also indicated to you that it was my understanding that at the June 28 Pre-Council meeting, we were to provide City Council a report on the impact of Senior/Disabled Tax Freeze on revenues in the City as well as other impacts and provisions of this issue. You had indicated to me that you believed that this item was a different subject matter than that which was going to be discussed on June 28 and that you wanted to have this placed before the Council prior to that. We left our meeting with the position that I would think about this over the weekend and let you know for sure whether it would be something I could place on the Pre-Council Agenda. On Monday morning June 7, I was given a signed statement filing an appeal of the decision to not place an item on the June 14 Agenda. I had not actually made a decision at that point. Nancy, I will place an item on the June 14 Pre-Council Agenda, which is the usual manner in which non-routine items requested by Council are first discussed by City Council, to make the Council aware of your request and give them the opportunity of deciding what direction to take on your request. I would, however, like to state to you that I do believe that this is conflicting direction from that which I believe I have previously been given by the City Council as a whole. It is my understanding that the City Council has requested to have a report on the financial impact of the Senior and Disabled Citizen Tax Freeze on the City of North Richland Hills and to have an opportunity to fully discuss this prior to making a decision on voting on such a matter or calling for an election. That is the reason that I expressed hesitancy in putting this on CMM 2004-006 the Agenda because I felt that this was contrary to my previous instruction from the City Council. When there is a request by a Councilmember or the Mayor that I perceive is a direction which is different from a Council direction, it has been our practice and policy in North Richland Hills to bring the matter to the Mayor and Council for clarification and/or direction at a public meeting. We have been using this approach for a number of years, and this is very common practice with city councils and city managers throughout the country in order to avoid problem matters and to ensure good communications between the manager and the city council. Therefore, I will place your item as you requested on the Pre-Council Agenda as well as requesting a clarification on direction to the City Manager. . I wanted to give you this information so that you will be aware of how I intend to proceed with this matter. If you have any questions, certainly feel free to give me a call. ~r~~ Larry J. Cunningham City Manager LJC/ag Attachments c: Mayor and City Council CMM 2004-006 ~ --_..,,,~.~~-~~,....._,-----~~- WHEREAS, the citizens of North Richland Hills, on , voted on a State of Texas Constitutional Amendment allowing for a freeze of property taxes for senior and disabled citizens; and, WHEREAS, the vote of the citizens was in favor, and against the Constitutional Amendment; and, WHEREAS, members of the City Council are of the opinion that the aforementioned election spoke to the desire of the residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: THAT the City of North Richland Hills will, under the guidelines of the aforementioned Constitutional Amendment of the State of Texas, :freeze the taxes of senior and disabled citizens of the City. " -. -""--"'-"~"--<"~-------_._,,-,- Nancy Bielik North Richland Hills City Council, Place 6 June 7, 2004 I am hereby filing an appeal of the decision to not place an item I requested on the Agenda for the City Council meeting Scheduled for June 14, 2004. ~aJ\*~ Nancy Bi k 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 - MAY 24, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 24th day of May, 2004 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Jo Cox Nancy Bielik Staff Members: Larry J. Cunningham Ogden Bo Bass Karen Bostic Paulette Hartman Patricia Hutson George Staples Larry Koonce Mike Curtis Clay Caruthers Jim Browne Patrick Hillis JoAnn Stout Vickie Loftice Call to Order Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman Council Elect Council Elect City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Finance Director Public Works Director Budget Manager Parks & Recreation Director Human Resources Director Neighborhood Services Director Assistant Parks & Recreation Director Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss Items from Regular May 24. 2004 City Council Meeting None. 2. IR 2004-050 Review Franchise Renewal Process City Council Minutes May 24, 2004 Page 2 Ms. Hartman presented a PowerPoint presentation briefing the Council on the cable franchise renewal process. North Richland Hills is a member of a consortium of cities served by Charter Communications. In the past, the consortium negotiated provisions in the cable franchise that were beneficial to all cities involved. All franchises of the cities in the consortium are up for renewal and the members of the consortium would like to join together again to enter the renewal process. Ms. Hartman explained to Council the renewal process, how it works and how it is outlined in the Federal Cable Act. The Federal Cable Act outlines an informal renewal process and a formal renewal process. Council was advised of the steps involved in an informal renewal process. The formal renewal process is more detailed and is the only way to enforce an agreement on terms that cities are authorized to have in their contracts and that cable companies do not necessarily agree with. The formal process is also the only way to correct problems, to request the cable company to meet future needs of the community and increase the city's bargaining power. The formal process is invoked by a letter from the cable company. The City received that letter last month to proceed with the formal process. The formal process has three stages - public proceedings, proposal for renewal and administrative proceedings. Ms. Hartman reviewed and explained each of the stages. Ms. Hartman advised that the consortium is recommending that the cities enter into formal process to start the data gathering. The cost of the formal process for all cities is $154,000. North Richland Hills share will be approximately $12,483 which will include the survey, needs assessment, franchise fee audit, technical audit and customer service audit. Ms. Hartman advised the City will still have the option to revert to the informal process after the formal process has begun if an agreement can be reached with the Cable Company. Ms. Hartman advised Staff is requesting consensus to proceed with the first stage of the process and then come back to Council after first stage is completed and depending on the findings of the audits, surveys and comments, get direction from Council as whether to proceed with the formal process. In response to Council questions, Ms. Hartman explained that the pending liquidated damages case would be separate from the franchise renewal process. There are other cities involved in the renewal process that are not involved in the liquidated damages case. The past performance of the cable company will playa factor in the renewal process. The Effective Competition Order enacted several years ago is still in effect and does not give cities authority to regulate rates. The cable franchise is not an exclusive franchise, but there are not currently any other cable providers in North Richland Hills. The current cable franchise expires in 2007. The consensus of the Council was to move forward with the formal renewal process. Mayor Trevino recognized the newly elected City Council members - Council-elect to Place 2, Jo Cox and Council-elect to Place 6, Nancy Bielik. City Council Minutes May 24, 2004 Page 3 3. IR 2004-051 Discuss Possible Dates for Discussion on Health Insurance and Mid- Year Budqet Worksession Council discussed possible dates for a special work session to update and brief the Council on the City's health insurance plan. Council set the work session on the health insurance plan for June 23. Council discussed possible dates for a mid-year budget work session to receive an update on the current year status of revenues and expenses and issues for the following year budget. Council set the mid-year budget work session for June 24. 4. IR 2004-049 Leaislative Update Ms. Hartman updated the Council on the special session of the Texas Legislature addressing public school finance. The session ended May 1 ih with both the House and Senate adjourning sine die. The Governor, Lt. Governor and House Speaker have appointed two work groups of six Senators and six members of the House to continue to study the issue and try to reach a consensus. They have set a House Education Panel and a House Revenue Panel and the same on the Senate side. Each of those panels will have six members. Representative Griggs will be serving on the House Education Panel and Senator Nelson will be serving on the Senate Education Panel. Representative Hill will be serving on the House Revenue Panel and Senator Brimer will be serving on the Senate Revenue Panel. Staff will monitor the committee meetings and continue to monitor the issue. 5. IR 2004-054 Discuss Option for Callina Election for Senior and Disabled Tax Freeze Councilman Metts advised he requested this item to be placed on the Pre-Council agenda to discuss options for calling an election for senior and disabled persons tax freeze. At the present time, the City's options for calling an election are: 1) A citizens' petition can be submitted to the City with signatures of at least 5% of the registered voters. 2) The City can wait for the Attorney General Opinion as to whether or not a City can initiate an election without a petition being submitted. The law is silent as to whether or not the City can initiate an election on this issue. The Attorney General ruling is not expected before mid-July. 3) The City can call for a non-binding election. The election would only be an "expression of intent" and would not be binding. 4) The City can encourage the initiation of a petition. City Council Minutes May 24, 2004 Page 4 Council was advised an election would need to be called by the end of June or first week in July for the election to be held on September 11, the next uniform election date. The Council discussed their options and the time frame. Council discussed the need for citizens to present a petition fairly quickly in order for Council to call a September 11 election. Council discussed whether to call a non-binding election. The consensus of the Council was to place an item on the agenda for the second council meeting in June to further discuss options and the impact to the City. Adiournment Mayor Trevino announced at 6:29 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 May 24, 2004 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman Jo Cox Nancy Bielik Council Elect Place 2 Council Elect Place 6 Staff: Larry J. Cunningham Patricia Hutson George Staples City Manager City Secretary Attorney City Council Minutes May 24, 2004 Page 5 2. INVOCATION Councilman Metts gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilman Metts led the pledge of allegiance. 4. GN 2004-042 CANVASS OF ELECTION - . RESOLUTION NO. 2004-034 APPROVED The following resolution was presented to the City Council canvassing the May 15, 2004 Municipal election: "WHEREAS, an election was duly held in the City of North Richland Hills on the 15th day of May, 2004, to elect a Mayor and City Council places 2, 4, and 6; and, WHEREAS, the City Council has met and canvassed the votes cast in such election; and, WHEREAS, such canvass shows the following results: Mayor Number of Votes Suzette Christopher Oscar Trevino 2160 2349 City Council - Place 2 N. Scott Turnage, Jr. Jo Cox 2187 2235 City Council - Place 4 JoAnn Johnson Ron C. West 2262 2172 City Council Minutes May 24, 2004 Page 6 City Council - Place 6 Joe Tolbert Nancy Bielik 2133 2276 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: " Section 1: THAT the above canvass be, and the same is hereby approved. Section 2: THAT the following are, and the same are hereby declared to have been elected to the offices listed below to serve until May of 2006, or until their successors are duly elected and qualified. Mayor Oscar Trevino City Council - Place 2 Jo Cox Citv Council- Place 4 JoAnn Johnson City Council - Place 6 Nancy Bielik AND IT IS SO RESOLVED." COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILMAN TOLBERT, TO APPROVE RESOLUTION No. 2004-034. Motion to approve carried 7-0. PRESENTATION TO OUTGOING CITY COUNCIL MEMBERS Mayor Trevino recognized outgoing Councilmember Scott Turnage and presented a plaque in recognition and appreciation of his service to the City of North Richland Hills as Council Member Place 2. City Council Minutes May 24, 2004 Page 7 Mayor Trevino recognized outgoing Council member Joe Tolbert and presented a plaque in recognition and appreciation of his service to the City of North Richland Hills as Council Member Place 6. 5. GN 2004-035 OATH OF OFFICE State Representative Bob Griggs administered the oath of office to Oscar Trevino. Ms. Suzette Christopher administered the oath of office to Jo Cox. Ms. Suzette Christopher administered the oath of office to Nancy Bielik. Pastor John Tyler, North Pointe Baptist Church, administered the oath of office to JoAnn Johnson. RECESS AND BACK TO ORDER Mayor Tr~vino recessed the meeting at 7:28 p.m. for a brief reception for the newly elected officials. Mayor Trevino called the meeting back to order at 7:45 p.m. with the following present: Present: Oscar Trevino John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson David Whitson Nancy Bielik Timothy J. Welch Mayor Councilman Councilwoman Councilman Councilwoman Councilman Councilwoman Councilman Staff: Larry J. Cunningham Patricia Hutson George Staples City Manager City Secretary Attorney 6. SPECIAL PRESENTATIONS IR 2004-052 TEEN COURT SCHOLARSHIPS FOR 2003/2004 Teen Court Coordinator Rebecca Vinson, Teen Court Advisory Board Member Cheri City Council Minutes May 24, 2004 Page 8 Walker and Councilwoman Johnson presented the 2003/2004 Teen Court Scholarships to the following students: Tanya Healy and Preston Ward, Richland High School. The scholarship is awarded based on years of service in the Teen Court program, program attendance, residency, professionalism and a 500-750 word essay. The scholarship recipients were awarded a $1,000 scholarship to the chosen technical school, college or university of their choice. YARD OF THE MONTH Keep North Richland Hills Beautiful Commission Member John Paraskevas and Councilman Whitson presented the following Yard of the Month awards for May: Betty Winter, 6628 Onyx Drive North; Lee & Nell Lindsey, 4304 Vance Road; Jerry Blaylock, 4808 Lariat; Keith Putnam & Alice McKettrick, 5536 Scott; Laurel Moorhead, 6120 Roaring Springs Drive; Jeff and Kim Brooks, 7817 Cortland Drive; Don & Carol Tinkham, 9113 Thornridge Drive; James & Carrie Wickham, 7717 Chasewood Drive; Debbie Burns Barnett, 8628 Amhurst Court. Gwendolyn Weisell, 7505 Orchard Court was recognized as the Texas SmartScape Winner and Michael Makens, Walkabout Landscape Company, 8713 Cardinal Lane, was recognized as the Business Landscape Winner. PROCLMA TION - MANAGEMENT WEEK Councilman Welch presented a proclamation recognizing Management Week to Quinten Harris, President, Lockheed Martin Leadership Association. 7. CITIZENS PRESENTATION Mr. Charles Cole, 6125 Riviera, commented on the May 15 City Council election. Mr. Ron West, 6304 Glenview Drive, advised his subject was a request for public disclosure by the North Richland Hills City Council regarding city-owned real estate and promises made to Arcadia. Councilman Whitson called for point of order. Councilman Whitson asked the City Attorney to rule on subject matter that may be brought before Council and Council has no jurisdiction. Attorney Staples advised that public disclosures need to be addressed to the City Secretary's office. The delivery of disclosures about public information is not in the jurisdiction of the City Council. Mr. West advised he would then comment on what they were interested in knowing. Mr. West stated that it has come to their attention that the City of North Richland Hills City Council Minutes May 24, 2004 Page 9 has entered into an agreement to purchase the old Food Lion building located at Rufe Snow and Glenview. Mr. West stated that this was done without input from the voters. Attorney Staples reiterated that Mr. West was requesting information outside the jurisdiction of the Council. Attorney Staples advised Mr. West to make a public information request to the City Secretary's office. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 9. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE MAY 10,2004 COUNCIL MEETING B. PS 2004-07 CONSIDERATION OF A REQUEST FROM DIESEL HAMMER LLC TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 JON R. EVANS ADDITION LOCATED IN THE 5100 BLOCK OF DAVIS BOULEVARD (.36 ACRES) C. PS 2004-15 CONSIDERATION OF A REQUEST FROM WINKELMANN & ASSOCIATES TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 U.I.C.I. ADDITION (LOCATED IN THE 9000 BLOCK OF WALKER BOULEVARD -14.600 ACRES) D. GN 2004-043 AUTHORIZE THE CITY MANAGER TO EXECUTE A "LETTER OF UNDERSTANDING" AND APPROVE $5,000 SPONSORSHIP WITH THE CITY OF BEDFORD FOR THEIR "4TH FEST INDEPENDENCE DAY CELEBRATION" - RESOLUTION NO. 2004-037 COUNCILMAN METTS MOVED, SECONDED BY COUNCILMAN WELCH, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 7-0. 10. GN 2004-038 ELECTION OF MAYOR PRO TEM APPROVED Mayor Trevino opened the floor for nominations for the election of Mayor Pro Tern. City Council Minutes May 24, 2004 Page 10 COUNCILWOMAN JOHNSON NOMINATED COUNCILMAN DAVID WHITSON AS MAYOR PRO TEM. Councilman Metts moved to cease nominations. Nomination to elect Councilman David Whitson as Mayor Pro Tem carried 6-0; Councilman Whitson abstaining. 11. GN 2004-039 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT APPROVED Ms. Kendra Newton, Chair of the Youth Advisory Committee, introduced other members of the Youth Advisory Committee in attendance. Ms. Newton presented a PowerPoint presentation of the year-end report. MAYOR PRO TEM WHITSON MOVED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S YEAR- END REPORT.. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 12. GN 2004-040 YOUTH ADVISORY COMMITTEE RECOMMENDATIONS FOR SOUTH GRAPEVINE HIGHWAY REDEVELOPMENT PROJECT APPROVED Ms. Kendra Newton, Chair of the Youth Advisory Committee, and Nick Ward, Youth Advisory Committee Member, presented a PowerPoint presentation of the committee's recommendations for the South Grapevine Highway Redevelopment Project. Ms. Newton reported on the committee's recommendations for the redevelopment of North Hills Mall and Mr. Ward reported on recommendations for the redevelopment and revitalization of the South Grapevine Highway Corridor. Mayor Trevino asked the Youth Advisory Committee to present their report to the joint North Richland Hills/Richland Hills Oversight Committee for the South Grapevine Highway Corridors Strategy. Ms. Paulette Hartman, Assistant to the City Manager, will coordinate the effort. COUNCILMAN LEWIS MOVED TO APPROVE GN 2004..040, ACCEPTING THE YOUTH ADVISORY COMMITTEE'S REPORT. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. .-.--.,.. -~---"--.,-~"~..._~-~-~~-~--~----~-~.~-- City Council Minutes May 24, 2004 Page 11 13. GN 2004-041 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Ms Paulette Hartman, Assistant to City Manager, advised that two new members are being recommended for appointment to the Youth Advisory Committee. The Committee is recommending the appointment of Sarah Shive, Birdville High School for a two-year term and Blake Brown, Fort Worth Christian for a one-year term. COUNCILWOMAN JOHNSON MOVED TO APPROVE THE YOUTH ADVISORY COMMITTEE'S RECOMMENDATIONS FOR NEW COMMITTEE MEMBERS. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7-0. 14. PZ 2004-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT, FLP FOR A ZONING CHANGE FROM "AG" AGRICULTURAL AND "0-1" OFFICE DISTRICTS TO "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATED IN THE 7900 AND 8000 BLOCKS OF PRECINCT LINE ROAD - 35.994 ACRES) - ORDINANCE NO. 2783 APPROVED Mayor Trevino advised the public hearing was opened and continued at the May 10, 2004 City Council meeting. Mr. Dave Green, Zoning Administrator, summarized the case. The applicant is proposing a development of a 125 lot subdivision for the site. The requested zoning will require a minimum 9,000 square foot lot with a minimum 2,000 square foot dwelling. A preliminary plat for this site was approved by the Planning & Zoning Commission at their April 15 meeting. Staff advised the residential zoning on the site is not completely in compliance with the Comprehensive Plan. The Comprehensive Plan shows proposed commercial frontage along Precinct Line Road. The request reflects a trend toward the downsizing of commercial/industrial areas for low-density residential development. The Planning & Zoning Commission recommended approval of PZ 2004- 06 by a vote of 7-0 on April 15, 2004. Staff answered Council questions on the proposed entrances to the site, the drainage of the site and how the proposed development will not force additional water onto the Lajoie's property, and possible impact to the City if the commercial area is down zoned to a low density residential. City Council Minutes May 24, 2004 Page 12 Mr. Doug Long, applicant, explained the flow of the drainage to the Council. Mayor Trevino called for anyone wishing to speak in favor of request to come forward. Mr. Jess Nelson, 8013 Precinct Line Road, owner of the adjacent property, spoke in favor of the proposed zoning. Mayor Trevino called for anyone wishing to speak in opposition to come forward. There . being no one else wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN METTS MOVED TO APPROVE PZ 2004-06 AS RECOMMENDED, ORDINANCE No. 2783. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 5-1-1; Mayor Pro Tem Whitson, Councilmen Lewis, Metts "and Welch and Councilwoman Johnson voting for; Councilwoman Bielik voting against ·and Councilwoman Cox abstaining. .Councilwoman Cox advised she was abstaining because she did not feel she knew 'enough about the project to vote. 15. PU 2004-026 AUTHORIZE THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES CONTRACT WITH DUNKIN SIMS STOFFELS, INC., IN THE AMOUNT OF $70,920 FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES OF SMITHFIELD ELEMENTARY AND HOLIDAY HEIGHTS ELEMENTARY SCHOOUPARK SITES- RESOLUTION NO. 2004-035 APPROVED Mr. Jim Browne, Director of Parks and Recreation, presented the request. After advertising and solicitation for proposals, the proposals were reviewed and evaluated by a selection committee. The committee selected six firms to interview in accordance with the professional services procurement policy, and selected Dunkin Sims Stoffels, Inc. as the consultant to perform the necessary professional and technical services for Smithfield Elementary School and Holiday Heights Elementary School. Mr. Browne summarized the amenities that will be located in these two parks. COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2004-035. MAYOR PRO TEM WHITSON SECONDED THE MOTION. Motion to approve carried 7-0. _"_> '___~"ß_"~._~,_.~____~.__._,______~~~.. City Council Minutes May 24, 2004 Page 13 16. PU 2004-027 AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DAVID C. BALDWIN INC. IN THE AMOUNT OF $157,600 FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES OF LITTLE BEAR CREEK, GOODE PLACE AND NORICH PARKS AND APPROPRIATELY AMEND THE PARKS CIP BUDGET - RESOLUTION NO. 2004-036 APPROVED Mr. Jim Browne, Parks and Recreation Director, presented the request. Mr. Browne advised that the CIP Budget originally anticipated proceeding with the Stonybrooke Park/School site. Because the Birdville School District has not finalized the proposed school location at this site, it is proposed that the Goode Place neighborhood park site be substituted in this phase of the Neighborhood Park Initiative. After advertising and solicitation for proposals, the proposals were reviewed and evaluated by a selection committee. The committee selected six firms to interview in accordance with the professional services procurement policy, and selected David C. Baldwin Inc. as the consultant to perform the necessary professional and technical services for Little Bear Creek Neighborhood Park, Goode Place Neighborhood Park and Norich Park Renovation. The contract amount includes additional services for the preparation of surveys, preliminary and final plats for all three parks. Councilwoman Bielik questioned if the drainage issues in Norich Park would be addressed. Mr. Browne advised the drainage issues would be addressed. Mr. Browne advised that as part of the process the consultants will recommend and bring recommendations to the Park Board and City Council. MAYOR PRO TEM WHITSON MOVED TO APPROVE PU 2004-027, RESOLUTION No. 2004-036. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 7-0. 17. INFORMATION AND REPORTS A} IR 2004 WEST NILE VIRUS UPDATE Ms. JoAnn Stout, Director of Neighborhood Services, briefed the Council on the procedures that will be followed by the City to educate and inform the citizens, and the surveillance and collection of mosquitoes for the West Nile virus. B) ANNOUNCEMENTS - COUNCILMAN LEWIS Councilman Lewis made the following announcements: - ."^-'"-.~~~~~'-'-_._~'.-'_._---~-- City Council Minutes May 24, 2004 Page 14 All City Offices will be closed Monday May 31st in observance of Memorial Day. Garbage will be collected as usual. W. C. Clark Blues, Rhythm and Groove will be playing at The Lotta Night Music Concert Series on Friday, May 28. This free concert begins at 7pm at Green Valley Park. Call the Recreation Center for more information. Information June 5 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Javier Garcia and Chuck James, Utility Division, Public Works Department - A call was received from a NRH resident expressing appreciation to Garcia and James for the great job they did in helping the resident extract mud and grass out of the curb line. They are an asset to the City and its residents. 18. ADJOURNMENT Mayor Trevino adjourned the meeting at 9:05 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary " I CITY OF NORTH RICHLAND HILLS ~" Department: PlanninQ Department Council Meeting Date: 6/14/04 Subject: Consideration of a ReQuest from Bobby Joe Dowdv to Agenda Number: PS 2004-17 Approve the Final Plat of Lot 1, Block 1 Dowdy Addition Located at 6525 Harmonson Road (1.18 acres). Case Summary: The property is currently un-platted and vacant. The applicant wants to plat the site for the purpose of constructing a single-family residence. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the area. The proposed use is consistent with the Plan. Thoroughfare Plan: The Thoroughfare Plan designates Harmonson Road as a 2-lane, undivided local residential street with a 50' ROW (R2U). No additional street ROW dedication· is required by this plat. Staff Review: Attached is a letter from the Public Works Department stating that all plat- related issues have been addressed and the plat is ready for Council consideration. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on May 20, 2004 recommended approval of PS 2004-17 by a vote of 6-0. ',,-- Recommendation: To Approve PS 2004-17 the Final Plat of Lot 1, Block 1 Dowdy Addition as recommended by the Planning and Zoning Commission. Review Schedule: Application: 4/16/04 Final Hearing: 6/14/04 Total Review Time: 8 weeks Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other Account Number Sufficient Funds A vallable ~ Finance Director PS 2004-17 Dowdy Addition ---------,-~.__._~,,-..._-~----_._~--~"~._--~"......--_...._~~.-._...~.........~~..,~~_._--.._." N A NRH PS 2004-17 FINAL PLAT LOT 1, BLOCK 1 DOWDY ADDITION Prepared by Planning 05-11-04 __.._~______~_____,..,,,,~___,"______.~_m.___"__'__'______._~__~_'__.."' NI~H 0< ,:r¡: ~:~;'-l r¡I..))ì - ..~ June 8, 2004 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate õ;) SUBJECT: DOWDY ADDITION; Lot 1, Block 1 Final Plat, PS 2004-17 Public Works has reviewed the Final Plat submitted to this office on April 22, 2004. All of Public Works' requirements have been met. We recommend placement on the next City Council meeting agenda. cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Zoning Administrator CL W /pwm2004-1 03 ," .' _. :.--.1 :',., -- _. 1,¡ ..J.;:.... '" ".'~"" PS 2004-17 CONSIDERATION OF A REQUEST FROM BOBBY JOE DOWDY TO APPROVE THE FINAL PLAT OF DOWDY ADDITION LOCATED AT 6525 HARMONSON RAOD (1.187 ACRES). APPROVED Mr. Green summarized the case. This is a very long, very narrow lot. It is a tract of land that has never been platted before. The applicant lives next door on the property to the west, which is platted. The purpose of platting this lot is to be able to obtain permits to build a single family house for another member of the family. Comment sheet from Public Works states that the applicant has successfully answered any questions or issues that staff had concerning the plat. Staff recommends approval. Mr. Nehring, seconded by Mr. Sapp, motioned to approve PS 2004-17. The motion was approved unanimously (6-0). ""- /1 CITY OF NORTH RICHLAND HILLS \ "Department: Administration Council Meeting Date: 6/14/04 Subject: Reschedule June 28 City Council Meetina to June 29 Agenda Number: GN 2004-049 Due to scheduling conflicts, it is being asked of Council to change the second Council meeting in June from June 28 to June 29. Recommendation: Reschedule the June 28 City Council meeting to June 29. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle t?áI/lIfA~~ Department Head Signature Finance Director '- \ Page 1 of -,' CITY OF NORTH RICHLAND HILLS l Department: Public Works Council Meeting Date: 6/14/04 Subject: Award of Bid to Humphrev and Morton Construction Agenda Number: PW 2004-412 Company, Inc. in the amount of $1,103,438.20 for the Holiday West Channel Improvements Project (Holiday Lane to Meadow Oak Drive) and the Riviera Erosion Improvement Project and revise the 2003/2004 CIP Budget Holiday West Channel (Holiday Lane to Meadow Oak Drive) is a Capital Improvement Project from the 2003 Bond Improvement Program. The project consists of reconstructing the existing concrete channel from Holiday Lane to Meadow Oak Drive and improving the appearance of the channel east of the Holiday Lane to Calloway Branch. Bids were received on May 20, 2004 from five contractors. The three low bidders are shown below with a base bid and an alternate bid. Bidder Base Bid Alternate (Riviera Channel Erosion 1m rovements Total Humphrey and Morton Construction Co., Inc. AUI Contractors L.P. Earth Builders, Inc. $1,032,251.20 $1,095,975.00 $1,214,121.00 $ 71,187.00 $1,103,438.20 $ 66 050.00 $1,162,025.00 $ 76,590.00 $1,290,711.00 Base Bid The base bid includes the reconstruction of the existing channel west of Holiday Lane with full concrete lining. The existing channel west of Holiday Lane is partially lined with concrete with the upper half of the side slopes being earthen. The partial concrete lining has failed and requires continuous maintenance. The earthen portion of the channel is eroding causing damage to the fences and adjacent property. The full concrete lining will replace the existing concrete and stop erosion. Also included in the base bid are improvements to the earthen channel east of Holiday Lane to enhance its appearance. These improvements include a pilot channel and short retaining walls as described in the City Enhancement Study. In addition, improvements will be made to the upstream headwall located at Meadow Oak Drive. Finance Review Îl~L r:.;j"y. Depart ent Head Signature ~ Budget Director Source 9f Funds: Bonds (GO/Rev.) Operating Budget Other Page 10'_ I, [ -. CITY OF NORTH RICHLAND HILLS Alternate Bid The alternate bid consists of the repair of erosion along the shore of a channel/pond which is located behind several homes on Riviera Drive adjacent to the Iron Horse Golf Course. The erosion of the shore has the potential of undermining retaining walls located at the back lot line of the homes. The alternate provides for the construction of gabions to repair the shore and control future erosion. Because of the urgency in providing the erosion protection, these improvements were bid with the Holiday West Channel project as an alternate. The funding for this alternate will come from unspecified Drainage funds and will not come from the Holiday West Channel budget. The Capital Projects Budget will also be revised to include the alternate bid (The Riviera Channel Erosion Improvement Project). Staff is recommending that council award the bid to improve the Holiday West Channel and to award the alternate bid to improve the erosion along the Riviera Channel. Sufficient funds are available in the 2003/04 CIP Budget for the base bid (Holiday West Channel) and after the recommended budget revisions, sufficient funds will be available for the alternate bid (Riviera Channel Erosion Improvements). Recommendation: To award the bid to Humphrey and Morton Construction Company, Inc. for the construction of the Holiday West Channel improvements project (Holiday Lane to Meadow Oak Drive) and the alternate bid of the Riviera Channel Erosion Improvement Project in the amount of $1,103,438.20 (base bid and the bid alternate) and to revise the 2003/04 CIP Budget. CITY COUNCIL ACTION ITEM Page_of _ Drainage Capital Projects Riviera Channel Erosion Improvement Project Number Will Be Given Upon Approval From City Council PROJECT DESCRIPTION & JUSTIFICATION The project consists of repair of erosion along the shore of a channel/pond which is located behind several homes on Riviera Drive adjacent to the Iron Horse Golf Course. The project provides for the construction of gab ions to repair the shore and control future erosion. PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Engineering/Design n/a n/a Construction n/a 7/2004 n/a 9/2004 REVISION EXPLANATION The erosion of the shore has the potential of undermining retaining walls located at the back lot line of the homes. The gabions will not only protect the lot lines of the homes, but also control future erosion in this area, FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Proposed Funding Revision: Reserves (Unspecified Savings) 0 0 71,187 0 71,187 Total $71,187 $0 $71,187 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 0 0 0 Construction 0 0 71,187 0 71,187 Other 0 0 0 0 0 Total $71,187 $0 $71,187 IMPACT ON OPERATING BUDGET Nominal impact is expected. 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" IRON HORSE GOLF COURSE N RIVIERA CHANNEL EROSION REPAIR LOCATION MAP CITY OF NORTH RICHLAND HILLS '-_ Department: Public Works Council Meeting Date: 6/14/04 Subject: Approve ChanQe Order #2 to the Walker Branch Agenda Number: PW 2004-013 Channel/Calloway Branch Channel Phase III Improvement Project with Craig Olden, Inc. in the amount of $23,900.00 for the construction of the Meadowview Channel Protection Project and revise the 2003/04 CIP Budget On September 8, 2003, Council awarded the contract for the Walker Branch/Calloway Branch Phase III Improvement Project to Craig Olden, Inc. in the amount of $603,702. On January 26, 2004 Council approved Change Order No. 1 to the original contract in the amount of $37,360 which was for the construction of a lake in the Calloway Branch Channel adjacent to Liberty Park. Change Order NO.2 is for the construction of gabion erosion control structures. The property located at 8537 Smith Drive in Meadowview Estates backs up to a tributary of Little Bear Creek (Meadowview Channel). There has been a slope failure along the bank of this channel which has damaged a back yard fence. It appears that the slope failure will become worse and encroach even further into private property. The construction of the gabion structures will secure the bank until the channel can be reconstructed. The reconstruction of the Meadowview Estates channel between Northfield Park and Jill Court is a 2003 Bond Project. However, due to the approved funding plan the channel is not scheduled for construction until after 2008. If the request for a change order is approved, the 2003/04 CIP Budget will need to be revised as shown on the attached sheets. Sufficient funds are available in the Unspecified Drainage fund for this change order. Recommendation: Approval of Change Order #2 (Meadowview Channel Protection Project) to the Walker Branch Channel/Calloway Branch Channel Phase III Improvement Project with Craig Olden, Inc. in the amount of $23,900.00 for the Meadowview Channel Protection project and to revise the 2003/2004 CIP Budget. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Other Account Number Sufficient Funds Available 306-0000-161-09-04 :.L -~ JtA~ C~f;-.· Departme~ead Signature - '-., Finance Director Page 1 of _ Drainage Capital Projects Meadowview Channel Protection Project Project Number Will Be Given Upon Approval From City Council PROJECT DESCRIPTION & JUSTIFICATION The project consists of constructing gab ion erosion control structures in the Meadowview Estates channel between Northfield Park and Jill Court. PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Engineering/Design n/a n/a Construction n/a 7/2004 n/a 9/2004 REVISION EXPLANATION There has been a slope failure on the banks of the creek which has damaged the back yard fence on the property located on Smith Drive. The Meadowview Channel Project is a 2003 Bond Project and is not scheduled for construction until 2008. However, it appears that the slope failure will become worse and encroach even further into private property without some immediate repair. The construction of the gabion structures will secure the bank until the channel can be reconstructed. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Proposed Funding Revision: Reserves (Unspecified Savings) 0 0 23,900 0 23,900 Total $23,900 $0 $23,900 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 0 0 0 Construction 0 0 23,900 0 23,900 Other 0 0 0 0 0 Total $23,900 $0 $23,900 IMPACT ON OPERATING BUDGET Nominal impact is expected. Annual Operating Impact Pro'ected r: I' 1 I I· i, I I Ij, Mr. Jimmy C3t~' City ofNorili R!9hland Hills P.O. Box 82060,9, North Richland Hilts, TX 76182-0609 Phone: 817-421J6405 Fax; 817 -421 :16444 ¡ RE: Change Order Request ~ CnJloway BraDch Dredging and Channel Improvements COINd:f 03-123 ! Mr. Cates; : We appreciate th~ opportunity to work with you and ~uote complete and in-place, subject to the notes ¡¡sled belOIT' the following work a~ the above referenced site: Item: APprox!~¡ DcscrfpdoD of Hem ! Decrcase In No. Quandt (and cost per unit) Contr:u:t (2) (2) I: (3) (4) I ,. I' I' Gab'.. Wall Behind a"id.l... ¡, (Approx. 80 If x 6' 11Wt height) Total Incrcmsc in Bid Items : Total Decrease In Bid Items ! Net Incrca.4Je in ëDntr.lct Amount I· I 1 i: Net Increase in Contract Time of Completioll Note: ¡Ii 1. This chabge order is subject to the terms and c6nditions of the contr:lct dated 9/17/03 between the City of North RichJand Hills and Craig Olden, mc. I : I, i 'a¡c~L ! Christopher A. Kumnick I Craig Olden, mc. ArK-¡~-¿UUqlMUN) I OLDIlN l Craig Olden, Inc. New Item 1. LS Ij:IJ ~~Alu ULV~N IN 0 Iffi1T"¿ ¿,~ JUUU r,UUI/UUl , Specia/isr:s in the Des;gk and Cønstructiøn I of Earth Retentiøn Systems ! . II) . .. ." .. . . -_._-~~---~ ~·7 v . A Q e Apri119,2004 IDcrease in Contract (5) $ 23,900.00 S 23,900.00 S 0.00 S 23,900.00 15 Working Days .' , II I P.O. Bax SODO· Littlo Elm. Texaa 75068 . Dallas 972/294-5000· 1-8?D-GABIONS · F.I\X 972/294-2664. www.gabion.cam II I I I MEADOWVIEW ESTATES CHANNEL R RD ~ N ." o » < ¡;; c::¡ r < o c o ;;Q r/J -¡ MEADOWVIEW ESTATES CHANNEL REPAIR LOCATION MAP ;'" CITY OF NORTH RICHLAND HILLS -~ ',- Department: Public Works Council Meeting Date: 6/14/04 Subject: Award of Bid to Sharrock Electric, Inc. in the amount of Agenda Number:PW 2004-014 $64,836.66 for the Mid-Cities Boulevard and Simmons Drive Traffic Signalization At the Council Meeting on March 22, 2004 (GN 2004-020, Resolution No. 2004-022), a City-Developer Agreement with MEGA Life and Health Insurance Company (UICI) was approved which stated that UICI would fund the installation of a traffic signal at Mid-Cities Boulevard and Simmons Drive if the City would administer the design and construction. Bid were received on June 1, 2004. A total of three (3) bids were received. Bidder Sharrock Electric, Inc. Roadway Solutions Durable Specialties Amount Bid $ 64,836.66 $ 68,750.00 $ 75,030.00 After reviewing the bids, staff has determined that Sharrock Electric, Inc. meets all requirements set forth in the contract documents. Sharrock Electric, Inc. has also previously installed traffic signals in the City. The work completed by Sharrock Electric, Inc. on past projects met all City specifications and was completed on schedule. The Public Works Department will need to supply additional traffic signal equipment for this traffic signal. This signal equipment was intentionally omitted from the bid items because staff can purchase the equipment at a cheaper cost than the contractor. Staff will purchase video vehicle detection cameras (lTEREIS VIVOS System) through a vendor contract set up by the Texas Department of Transportation (TxDOT). The cost for the system is estimated to be $6,400. A contractor would have to pay approximately $12,000 for the same system. This is a special purchasing program offered by TxDOT for cities. Staff will also be purchasing Optical Emergency Preemption Equipment (OPTICOM) through a private vendor. This purchase will allow the Public Works Department to have the same like equipment for optical emergency preemption equipment as on other signal lights throughout the City. Sufficient funds are available in the 2003/04 Capital Projects Budget. Recommendation: To award the bid to Sharrock Electric, Inc. in the amount of $64,836.66. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number ST0412; 305-8503-603.79-03 Sufficient Funds Avallacle }:rL(;¿ Q C::t:-- . ~ Department Head Signature Director Budget Director ') Page 1 of_ LEE ENGINEERING 9722489865 08/04/04 09/19pm P. 001 r:.. 17440 DALlAS PARKWAY ""IIIf SUITe 204 DALLAS, TEXAS 75287 Lit: ~;;¡;;;- RECEIVED I:.i\! _ i: 'jf\í!l1 J ¡ ¡ , ., ".·~lq June 3, 2004 Mr. Jimmy Cates City of North Richland Hills 7200A Dick Fisher Drive South North Richland Hills, IX 76180 Re: Award Recommendation Letter - Traffic Signal Installation at Mid-Cities Boulevard and Simmons Road Dear Mr. Cates: Per your request. we have reviewed and tabulated the bids submitted by the foJIowing Contractors for this project. The bid tabulations can be seen on the page attached to this letter. Sharrock Electric, Inc - $64,836.66 Roadway Solutions - $68,750.00 Durable Specialties, Inc. - $75,030.00 After reviewing all bids, it has been determined that Sharrock Electric, Inc. was the low bidder for the project. Sharrock Electric, Inc. meets all requirements set forth in the contract docwnents and have performed well on several signal installations designed by Lee Engineering. Therefore, it is recommended that Sharrock Electric, Inc. be awarded the contract for the signal installation at the intersection of Mid-Cities Boulevard and Simmons Road. RespectfuJJy, Jizl#- Vice President Attachment CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 6/14/2004 Subject: Authorize Interlocal Purchasina Aareement with the Agenda Number: PU 2004-028 City of Forest HiII- Resolution No. 2004-039 The City of Forest Hill is requesting to enter into an interlocal purchasing agreement with North Richland Hills for the purchase of goods and services from vendors selected through the competitive bidding process. One type of bid being considered is for the purchase of a pickup awarded by Council December 15, 2003 (PU 2003-052). Council has authorized interlocal agreements with several area cities such as Hurst, PIano, Fort Worth, Bedford, Euless and Tarrant County. Interlocal agreements are mutually beneficial to North Richland Hills and the other agencies because participation reduces the overall expense of soliciting bids and purchasing larger quantities also reduces cost. Each agency will place their orders and pay the vendors directly. North Richland Hills or Forest Hill may change or cancel the agreement with a 30-day written notice. Recommendation: Authorize the interlocal agreement with the City of Forest Hill and pass Resolution No. 2004-039 authorizing the City Manager to execute the agreement. '-- Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient F s Ava a e Budget Director 'U¡ Finance Dlrecter Page 1 of RESOLUTION NO. 2004-039 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the interlocal agreement with the City of Forest Hill authorizing each entity to purchase goods and services from vendors selected through the competitive bidding process. PASSED AND APPROVED this 14th day of June 2004. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: INTERLOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND THE CITY OF FOREST HILL This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH", and the City of Forest Hill, hereinafter referred to as "Forest Hill". Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413 (32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and Forest Hill desire to enter into an agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: I. NORTH RICHLAND HILLS 1. NRH shall be allowed to purchase goods and services from vendors who have been selected by Forest Hill through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30-day written notification to all participating agencies of any change or cancellation of participation. 4. Donna Hurst Enos, Purchasing Agent, shall be designated as the official representative to act for NRH all matters relating to this cooperative purchasing agreement. II. CITY OF FOREST HILL 1. Forest Hill shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process. Forest Hill will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. Forest Hill shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. Forest Hill shall give a 30-day written notification to a participating agency of any change or cancellation of participation. 4. shall be designated as the official representative to act for Forest Hill in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS CITY OF FOREST HILL BY: City Manager BY: TITLE DATE: DATE: ATTEST: ATTEST: City Secretary TITLE: APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney for the City TITLE: CITY OF NORTH RICHLAND HILLS ,_ Department: Planning Department Council Meeting Date: 6/14/04 Subject: Consideration of a ReQuest from to COY Quine to Approve Agenda Number: PS 2004-12 the Final Plat of Lots 1 R & 2R, Block 1 North Edgley Addition, Second Filing being a replat of Lot 1, Block 1 North Edgley Addition, Second Filing Located at 7511 Grapevine Highway (2.7 acres) . Case Summary: The property is currently platted as one lot with two existing buildings. The purpose of this re-plat is to divide the existing lot into two lots (one for each building) as per the mortgage lender's request. . Comprehensive Plan: The Comprehensive Plan indicates retail uses for this vicinity. The existing commercial uses are consistent with the Plan. Thoroughfare Plan: Both proposed lots have frontage along and individual access to Grapevine Highway, designated by the Thoroughfare Plan as a 6-lane, divided, principal arterial with 130 R.O.W. (P6D). The City Attorney has determined that additional ROW dedication from this plat to meet the requirements of the Thoroughfare Plan may be requested but not required. This is due to the negative impact that ROW dedication would have on the existing commercial buildings and associated parking. The applicant is aware of the impact of the ROW dedication and has respectfully declined to dedicate. Staff is recommending that before the plat is filed of record a note be placed on the plat face indicating the future ROW as ',,-- reflected by the Thoroughfare Plan.~ Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on May 20, 2004 recommended approval of PS 2004-12 by a vote of 6-0. Staff Review: Attached is a letter from the Public Works Department stating that all plat- related issues have been addressed and the plat is ready for Council consideration. Recommendation: To Approve PS 2004-12 the Final Plat of Lots 1R & 2R, Block 1 North Edgley Addition, Second Filing being a replat of Lot 1 ,Block 1 North Edgley Addition, Second Filing as recommended by the Planning and Zoning Commission and with a note stating that future ROW dedication on both lots will be required. Review Schedule: Application: 4/16/04 Final Hearing: 6/14/04 Total Review Time: 8 weeks Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Account Number Sufficient Funds AvauaOle ~ Finance Director ',,-..., '-.... '---I Review Schedule: Application: 4/16/04 CITY OF NORTH RICHLAND HILLS Final Hearing: 6/14/04 CITY COUNCIL ACTION ITEM Total Review Time: 8 weeks N A NRH PS 2004-12 RE-PLA T LOTS 1R & 2R NORTH EDGLEY ADDITION SECOND FILING Prepared by Planning 05/11/04 NI~H ~. ,_ ;;¡ :-; ~ :1-~r:: t¡ .:.=. ~-: -- ....- .--.-'.- June 8, 2004 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate t;J SUBJECT: North Edgley Addition; Block 1, Lots 1 R & 2R Final Plat (Replat), PS 2004-12 Public Works has reviewed the Final Plat submitted to this office on May 13, 2004. All of Public Works' requirements have been met. We recommend placement on the next City Council meeting agenda. cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Zoning Administrator CL W /pwm2004-1 02 -:. r)~,.~ ;~~~\~5:~';¿' -'>!i :::.; ;:".:i") . ~ f!;:~ .....-,...... -::=; '; '~,:¿ -:>~{~;~ - ~. oj .,-.,-,.., ¡ ~--.': ~-=;::,:,,::: t '~'.; -' :;- ,:: \ .;.~:-:-,3J.C,~¡. ~__'_."_"_._~<__,~_._._, M ",___, _~..___ "._~..__,__."" CONSIDERATION OF A REQUEST FROM COY QUINE TO APPROVE THE FINAL PLAT OF LOTS 1 R & 2R, BLOCK 1 NORTH EDGLEY ADDITION BEING A REPLA T OF LOT 1, BLOCK 1 NORTH EDGLEY ADDITION, SECOND FlUNG LOCATED AT 7511 GRAPEVINE HIGHWAY (2.7 ACRES). APPROVED Mr. Green summarized the case. This was originally platted as one lot and the applicant's mortgage company has requested that the lot be split so that each business sits on its own separate lot. Public Works memo states that all City issues have been answered by the applicant. Staff recommends approval of the plat. Mr. Davis stated that the Public Works memo calls for a 130-ft. right-of-way on Grapevine Highway, but the plat shows a 100-ft. right-of-way. Mr. Barton stated that the City Attorney gave a legal opinion that the City could not request the 130-ft. dedication of right-of-way because it is an existing, developed, platted property. A 130-ft. dedication of right-of-way would cause existing parking to end up in the right-of-way. Mr. Schopper, seconded by Mr. Davis, motioned to approve PS 2004-12 as proposed. The motion was approved unanimously (6-0). ~ CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 6/14/04 Subject: Public Hearinq and Consideration of a ReQuest from Rand Agenda Number: PZ 2004-07 Carlson for a Zoning Change from "1-2" Medium Industrial District to "HC" Heavy Commercial District Located at 5750 Rufe Snow Drive (2.26 acres) Ordinance No. 2784. Case Summary: This site contains a one-story office, retail building with several suites. The applicant has a potential retail/service use (beauty salon) that is not permitted in the existing "1-2" District. The proposed "HC" District is required to keep some existing businesses (print shop, janitorial supply) in conformance to the Zoning Ordinance. The purpose of this downzoning is to better match the zoning of the site to the existing office/retail/service uses. Existing Land Use/Site Attributes: The site contains a 25,000 square foot commercial building with several retail, service and office uses and associated parking. Thoroughfare Plan: The existing commercial building has access to Rufe Snow Drive a 7 -lane, principal arterial of 130' of ROWand Industrial Park Boulevard a 4-lane, major collector of 68' of ROW. No changes to the current access are proposed. Comprehensive Plan: The Comprehensive Plan indicates commercial uses for this site. The proposed request is consistent with the Plan. Adjacent Zoning I Land Use: North: East: South: West: "12" Medium Industrial I Vacant (automatic car wash under construction) "12" Medium Industrial/ Vacant "12" Medium Industrial/ Bank, restaurant, vacant commercial "12" Medium Industrial/ retail, office, restaurant Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on May 20, 2004, recommended approval of PZ 2004-07 by a vote of 6-0. Finance Review Source of Funds: Bonds (GOIRev.) Operating Budget Account Number Sufficient F~ Available Finance Director ~~a~ PZ 2004-07 5750 Rufe Snow Drive CC CITY OF NORTH RICHLAND HILLS Staff Recommendation: To approve Ordinance No. 2784 '-- Review Schedule: Application: 3/19/04 Final Hearing: 6/14/04 Total Review Time: 7 weeks ',-- L - STARDLlð' [R - I --..J ./ , -,t"'" V 200' ~ V~uffer ~~ tIr~Jý~JJI" r ---I' .. -I I I-- - ,,' ," - - ",' - " ';/"::" - " :' >~,,;t - I: - __ I-- ' ./ = -I-- : ~ III II I I ~i-- I 1~;û5 - I ~ - i-- ';,,./:; " ': I 0:: - - - - - ,....- - I-- -- - ,....- ~ If - - - - IIITlI'I::f IIIII~" ¡;¡;;¡ I I I ,¡:( NRH PZ 2004-07 5750 RUFE SNOW TRACT 1 & 2A NRH INDUSTRIAL PARK FROM "12" MEDIUM INDUSTRIAL TO "HC" HEAVY COMMERCIAL I I - - ;,,:, :';:r - I n -- -- N A , Prepared by Planning 05/04/04 o 200 400 600 800 1000 1200 Feet I I INDUSTRIAL PARK BLVD. ~ Z -< '. tj C > en n ~ > ~ ~ Z > ~ ~ ~ ~ > Mœ:tpge > Z SpcmIiIt. IÐc. ~ tj ~ DocU>r .......... to ~ T_ r RaIrI1 2:: < :r: n z tj - :c @ l l ~ l >- . (J) z :r: 0 . . iJ N 5750 RUFE SNOW DR. Pole Sign N 0 0 .þ. I 0 ....... RUFE SNOW DRIVE NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2004-07 Rand Carlson 5750 Rufe Snow Dr (Tract 1 & 2A NRH Industrial Park) You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Rand Carlson to rezone the above property from "12" Medium Industrial to "HC" Heavy Commercial. The applicant's purpose in this request is to better match the existing retail and service uses to the property's zoning. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Location: CITY COUNCIL MONDAY, JUNE 14, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HilLS, TEXAS Public Hearing Dates: Time: 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 Rand & Sherrill Carlson 1427 Kensington Ct. ~ "Ithlake, TX 76092-9511 North Fort Worth Bank 633 Folsom St., FI6 San Francisco, CA 94107-3617 Crank It Up Car Audio Inc. 5751 Rufe Snow Dr. N. Richland Hills, TX 76180 Tecnollnc. P.O. Box 349 Neenah, WI 54957-0349 Targe-Mdl LLC F/B/O M-D McLendon & Kintail 110 San Jacinto Ct. South lake, TX 76092-5946 KFC US Properties Inc. P.O. Box 35370 Louisville, KY 40232-5370 Texas Tierra III Ltd. P.O. Box 8610 Midland, TX 79708-8610 Rufe Snow JV P.O. Box 17047 Fort Worth, TX 76102-0047 ._-'---_.,-~.._-'--"------~---" PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RAND CARLSON FOR A ZONING CHANGE FROM "1-2" MEDIUM INDUSTRIAL TO "HC" HEAVY COMMERCIAL LOCATED AT 5750 RUFE SNOW DRIVE (2.2669 ACRES). APPROVED Mr. Green explained that this site is located on the northeast corner of Rufe Snow and Industrial Park Blvd. There is an existing office building at the site. The current zoning is "12" medium industrial zoning and the use on this property is much less than that. The applicant is proposing downzoning the site from "12" medium industrial to "HC" heavy commercial. Heavy commercial will allow the applicant to put in a beauty salon which is the reason for the change in zoning. The HC also allows the individual to maintain some of the current uses on the property right now. In other words, this would keep them from becoming nonconforming. In addition, the Comprehensive Plan shows this site to be commercial, in which case the "HC" heavy commercial district is the intended district for that particular use on the Comprehensive Plan. The Chairman opened the Public hearing and asked the applicant to come forward if he wished to speak. Rand Carlson, 1427 Kensington Court, Southlake, stated that the major purpose for wanting to make this change is because they have a prospective tenant who wishes to put in a small, 1100 sq. ft. beauty salon. They found that it didn't fit in the existing zoning. Mr. Carlson stated that the building is not suited for "12". There is no raised freight dock. It has been used for office during the 12 years that Mr. Carlson has owned the building. Mr. Davis asked Mr. Carlson if he would object to the Commission recommending approval of his request with the exception of any automobile or body shop repair. Mr. Carlson stated that he would be fine with that. Mr. Davis stated that the City Attorney may say that auto repair can't be restricted, but he would like to ask. The Chairman closed the Public hearing as there were no others wishing to speak. Mr. Davis motioned to approve PZ 2004-07 to zone the property to "HC" heavy commercial with the exception of auto repair and auto body work. Mr. Schopper seconded the motion. The motion was approved unanimously (6-0). .~--------~ ORDINANCE NO. 2784 2 ZONING CASE PZ 2004-07 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH 6 RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.2669 ACRE 8 TRACT OF PROPERTY FROM 1-2 (MEDIUM INDUSTRIAL) TO HC (HEAVY COMMERCIAL) ZONING; ESTABLISHING A PENALTY; 10 PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to 14 real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, 16 WHEREAS, notice of a public hearing before the City Council was published in a 18 newspaper of general circulation in the City at least 15 days before such hearing; and, 20 WHEREAS, public hearings to zone the property herein described were held before both 22 the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning 24 the zone change; and, 26 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 28 Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH 32 RICHLAND HILLS, TEXAS: 34 Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.2669 acre tract of land located at 5750 Rufe Snow Drive in the City of North Richland Hills, Tarrant County, Texas, more particularly described as Blocks 1 & 2A, Industrial Park Addition, trom 1-2 Medium Industrial to HC Heavy Commercial zoning. 36 38 40 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 42 44 Ordinance No. 2784 Page 1 of 2 2 be allowed to continue shall constitute a separate violation and punishable hereunder. 4 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. 6 8 Section 4: This ordinance shall be in full force and effect immediately after passage. 10 AND IT IS SO ORDAINED. 12 PASSED on this 14th day of June, 2004. 14 CITY OF NORTH RICHLAND HILLS 16 18 By: 20 Oscar Trevino, Mayor ATTEST: 22 24 Patricia Hutson, City Secretary 26 APPROVED AS TO FORM AND LEGALITY: 28 30 George A. Staples, Attorney 32 APPROVED AS TO CONTENT: 34 36 Department Head Ordinance No. 2784 Page 1 of 2 ~ CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 6/14/04 '- Subject: Public Hearinç¡ and Consideration of a ReQuest from Agenda Number: PZ 2004-09 Integer Development for a Zoning Change from "C2" Commercial District to "R2" Residential District Located in the 8000 Block of Starnes Road (4.11 acres) Ordinance No. 2785. Case Summary: The applicant intends to develop this tract as a small single family subdivision. The applicant's original request was to change the existing "C-2" Commercial District to "R-3" Residential (7,700 square foot lots, 1,800 square foot houses). At the May 20th Planning and Zoning Public Hearing, the applicant revised his request to "R-2" Residential (9,000 square foot lots, 2,000 square foot houses). This revised request was recommended for approval by the Commission. Subdivision Plat Status: The applicant's original plat was designed for "R-3" sized lots. This plat was being reviewed by staff but was not ready for Planning and Zoning Commission consideration. With the applicant revising the zoning change to reflect larger-sized lots, a redesign and resubmission of the plat for staff review will be required. Existing Land Use/Site Attributes: The site is vacant and is characterized by grass vegetation and some small trees along or near the eastern boundary of the site. ThoroughfarEt Plan: The Thoroughfare Plan designates Starnes as an undivided 2-lane, minor collector with a 60' R.O.W (C2U). \ ,-. Comprehensive Plan: The Comprehensive Plan indicates commercial uses for this site. The proposed residential use is not consistent with the Plan. The request does, however, reflect a recent trend toward the downsizing of commercial/industrial areas for "R-2" low- density residential development. This site is surrounded on the north, east and south by"R-2" ·Residential zoning and uses. The inclusion of this site (as a similar residential use and zoning) is complementary rather than detrimental to the surrounding residential areas. The Comprehensive Plan depicts commercial uses at all four comers of the nearby intersection of Smithfield (a 4-lane, major collector) and Starnes Roads (a 2-lane, minor collector). As demonstrated by the existing land uses around this intersection i.e. mini- warehouse. dav care. church and vacant. staff feels that the Plan's deciction is not succorted Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Account Number Sufficient Funds Available ~ Finance Director - rk#~~ PZ 2004-09 8000 Starnes CC CITY OF NORTH RICHLAND HILLS ',,-- supported by the collector-status of the street intersection and that the proposed residential zoning is preferred as an alternative. Screening and Buffering Requirements: Should thi$ rezoning request be approved, screening and landscape buffering requirements will come into play for the adjacent mini- warehouse/storage use to the west. Should any expansion occur on this adjacent property, a 6' masonry screening wall and a 15' landscape buffer along the common boundary line with this proposed development will be required. In addition, any new structures built on the adjacent property will be subject to additional building setback and height limitations. Attached is a letter from the applicant accepting responsibility for providing this required masonry screening wall and landscape buffer in lieu of the adjacent industrially-zoned property. Adjacent Zoning I Land Use: North: "R-2" Residential/ Single family residences East: "R-2" Residential/ Single family residences South: "R-2" Residential/ Single family residences West: "1-2" Medium Industrial and "C-2" Commercial/ Mini-Warehouses, cell tower, RV storage Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on May 20, 2004, recommended approval of PZ 2004-09, as amended by the applicant, by a vote of 6-0. Staff Recommendation: To approve Ordinance No. 2785 '- Review Schedule: Application: 3/15 /04 Final Hearing: 6/14/04 Total Review Time: 13 weeks "'-- NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2004-09 Integer Developments, Inc. 8000 Block of Starnes (Tract 1 G, 4.11 Acres in the W. D. Barnes Survey, Abstract 146) You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Integer Developments, Inc. to rezone the above property from "C2" Commercial to "R-2" Residential District. The applicant intends to develop a small, single family subdivision on the site. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Location: CITY COUNCIL MONDAY, JUNE 14, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Public Hearing Dates: Time: 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 Newchurch Christian Fellowship 7300 Smithfield Rd. - îrt Worth, TX 76180-3446 Dana & Tonja Everitt 7433 Timberhill Dr. Ft. Worth, TX 76180-3017 Steven & Julie Doty 7417 Timberhill Dr. Ft. Worth, TX 76180 Charles Kevin Robinson 501 Meadow Knoll Ct. Keller, TX 76248-3701 Michon Bailey 7917 Lucian Dr. Ft. Worth, TX 76180 Daniel & Peggy Currie 7904 Lucian Dr. N. Richland Hills, TX 76180 Zachery & Elizabeth Harvey 4704 Mill View Ct. Colleyville, TX 76034-3657 Barry & Robyn Nix 7924 Lucian Dr. Ft. Worth, TX 76180 Ronald & Janine Short 8101 Starnes Rd. Ft. Worth, TX 76180 ì1ith, Kimberly A & T Evans 101 Timberhill Ct. Ft. Worth, TX 76180 Richard A. Rhodes 7510 Smithfield Rd. Ft. Worth, TX 76180-2940 Kenneth & Stacy Swartz 7429 Timberhill Dr. Ft. Worth, TX 76180-3017 Lori Ann Elhardt 7413 Timberhill Dr. N. Richland Hills, TX 76180 Cindy Elliott 7401 Timberhill Dr. N. Richland Hills, TX 76180 Wallace & Connie Williams 7912 Lucian Dr. Ft. Worth, TX 76180 Ruben & Gale Rendon 7921 Lucian Dr. Ft. Worth, TX 76180 Timothy Bennett 7932 Lucian Dr. N. Richland Hills, TX 76180 Charles & Linda Morris 7920 Lucian Dr. Ft. Worth, TX 76180 Dorothy Aschner 7408 Timberhill Dr. Ft. Worth, TX 76180 Gary & Mary Ann Gray 7328 Crabtree Ln. Ft. Worth. TX 76180 Mario & April Cmet 7437 Timberhill Dr. Ft. Worth, TX 76180-3017 Lawrence & Shir Jernigan 7421 Timberhill Dr. N. Richland Hills, TX 76180 Beeler Family Living Trust 10614 Cypress Ave. Fontana, CA 92337-7421 Gary & Rochelle Drake 7913 Lucian Dr. N. Richland Hills, TX 76180 Donald & Dawn Byars 7908 Lucian Dr. Ft. Worth, TX 76180 Timothy & Robin Goad 1 Scalet Oak Mewes Medford, NJ 08055 Omar & Marva Alderman 7928 Lucian Dr. Ft. Worth, TX 76180 John & Doris Tolson 7916 Lucian Dr. Ft. Worth, TX 76180 Sidney Grant 8100 Timberhill Ct. Ft. Worth, TX 76180 Fernando & Blanca Sanchez 7341 Coventry Cir. Ft. Worth, TX 76180 J.B. & Cheryl Carlton P.O. Box 821871 ï Worth, TX 76182 Donald & Margaret Smiley 7333 Coventry Cir. Ft. Worth, TX 76180 Ronald & Kathleen Hoff 7329 Coventry Cir. N. Richland Hills, TX 76180 Mark & Kristine Webb 7345 Coventry Cir. Ft. Worth, TX 76180 7510 Smithfield Rd, North Richland Hills Texas 76180 May 10, 2004 In reply to:Case #PZ 2004-09 Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Dear Planning Department I am sending this letter in reference to Case # PZ 2004-09 Integer Developments Inc. plan for a tract of 17 homes. lawn the property directly to the west, part of which is currently developed as self-storage and plan to develop the north parcel in the very near future. While I welcome the development of the neighboring property I would be against any change of zoning which would decrease the value of my property or would increase the cost of development. I look forward to working with all parties to arrive at a solution that is mutually acceptable. Best regards, s2 '-72L Richard Rhodes Smithfield Storage Jun 07 04 01:02¡o Mo Chaudr~ 817 498 7655 ¡O. 1 _i:.~;' Integer Developments, Inc. 4902 Colleyville Blvd. # 108-321 Colleyville, Texas, 76054 Telephone 817 291 9046 ~ ~ $)j'/','~~{'J~ ..: ~!7 _h~":; NRH Planning and zoning department Attn: Donna Jackson City of North Richland Hills, 7301 N.E.Loop 820, North Richland Hills. Texas 76150 June 7, 2004 Donna, Further to our conversation earlier today regarding the screening wan on the west side of the property adjacent to the existing self storage facility, I would like to hereby provide you with written confirmation that Integer Developments Inc. will be fully responsible for the construction of the screen wall and the land scape buffer along the entire length of the property line. M. Chaudry President Integer Developments Real Estate Acquisition, Development, Engineering and Consulting Services. PZ 2004-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM INTEGER DEVELOPMENT FOR A ZONING CHANGE FROM "C2" COMMERCIAL TO "R-3" RESIDENTIAL DISTRICT LOCATED IN THE 8000 BLOCK OF STARNES ROAD (4.11 ACRES). APPROVED - FROM "C2" TO "R2" Mr. Green explained that the property is located north of Starnes between Smithfield and Timberhill Dr. The site is surrounded on three sides (north, south and east) by "R2" residential zoning. There is industrial type use on the west side of the property, with a mini warehouse, RV storage and a cell tower. The applicant is requesting a change from "C2" commercial to "R3" single family residential. R3 is the densest single family detached residential district allowed in the City. The Comprehensive Plan shows commercial as the future use for this site, so this request is not consistent with the plan. The zoning ordinance states that "R3" zoning can be used as a transition district between a lower density residential and either a higher density residential or in this particular case, a nonresidential area. It's location on the map does have some validity based on the zoning ordinance and some general planning principles, but once again this is a situation where the Comprehensive Plan calls for an area that should be set aside for commercial use. In most other instances where a commercial area has been pared down, it usually was from commercial to "R2". So, even though this case mirrors a trend, it represents a step toward a denser situation. Along the west property line of this site, should this request be approved, it automatically puts a burden on the adjacent properties to the west because whenever a residential district and a nonresidential district share a common property line, the more intense use or the nonresidential use is required to do a 15-ft. landscape buffer and also do a 6-ft. masonry wall. There has been some indication on the part of the applicant in this case that they would be willing to accept the responsibility for those two things. Chairman Bowen asked if the 15-ft. landscape buffer would be inside or outside the wall. Mr. Green explained the wall must be along the common property line so the 15-ft. would be in the backyard of the residential lots. Mr. Davis stated that it really is intended to be 15-ft. on the commercial [industrial] side. Mr. Green concurred. Mr. Sapp asked if the 15-ft. then becomes an easement. Mr. Green stated that it would be permanent open space and a pool, storage building, etc., would not be allowed in that space. Mr. Davis stated that the buffer really belongs in the commercial [industrial], but the commercial [industrial] property isn't part of this case so the commercial [industrial] property owner can't be forced to put a buffer there unless he comes in to plat. Mr. Green stated that the intent of the ordinance is to provide a softening of the edges of those two types of uses. Chairman Bowen stated that the point of his question was that he doesn't want a no man's land to exist where no one knows who has to maintain it. Mr. Green stated that most likely this will take the form of a 15-ft. permanent open space easement on the residential side and that the Landscape Ordinance will require that this space be irrigated, and that no one would be allowed to drive through it, park on it or build a structure on it, and these requirements would need to be apparent to those who purchase these lots. Trees are required every 30-ft. in the setback. Mr. Nehring stated that he noticed that staff is opposed to this. He asked why. Mr. Green responded that one reason is because it goes against the Comp Plan, but also because usually a downsizing like this calls for "R2" size lots, not "R3". Mr. Nehring noted that staff had earlier stated that "R3" is a good buffer for situations like this. Mr. Green stated that using "R3" in situations like this is an accepted planning theory and it is also acceptable according to the North Richland Hills Zoning Ordinance - using this as a transition between lower intensity/density uses and higher intensity uses. This isn't a perfect example, but it is acceptable. Mr. Nehring stated that he goes along with the Comprehensive Land Use Plan, but he also likes to be flexible. He wondered, though, if too much commercial is being given away to other types of zoning. Mr. Green responded that staff thinks it is very important to keep marketable property in the City, but there are some areas of commercially zoned property where that property isn't sustainable to be commercial. Mr. Green stated that staff is requesting a build-out study for the City in the next fiscal year's budget. The purpose of this study is to look at issues such as this to see whether what's being done is ok or whether thresholds have been crossed. Perhaps thresholds need to be established; perhaps refinement of the Comp Plan should occur. If this budget proposal is approved by Council, staff will be working on that study next year. Chairman Bowen opened the Public hearing and asked the applicant to come forward to speak. Charles Dibrell, 2109 Franklin Dr., Arlington, stated that their intent is to rezone and build according to a site plan given to the P&Z Commission in their packets. Mr. Dibrell stated that the site plan that they are proposing is a blend between an "R2" and an "R3". 4.8 units per acre are allowed in "R3". 4.0 units per acre are allowed in "R2". Mr. Dibrell stated that they are planning 4.1 units per acre. He said that eight of the lots are above the 9000 sq. ft. requirement of "R2". He stated that they are asking to rezone the property with this site plan and that they will meet or lower (one to two feet) the elevations of the pads that would be adjacent to existing homeowners who are concerned about losing privacy in their backyards. He stated that they wanted to come forward with a planned development (PD), but they did not meet the minimum 10-acre requirement for PD. They are proposing to improve the floodplain conditions by reducing the floodplain flows and sizes that go down the existing Timberlane Dr. to the east of the development. They will build the screening wall and they want to create a landscape canopy above the wall to screen the residential areas from the views of the storage buildings. They plan to plant a larger tree that has a more developed canopy to provide privacy and protection of homes along the west side. They would like to protect some of the backyards for pools and wondered if it would be possible to provide a smaller buffer/easement than the required 15-ft. They propose increased masonry standards. They propose side or rear entry garages. They anticipate selling the homes in the range of $220,000 up to $270,000. He stated that they have a preliminary plat that they would like to introduce tonight as well or they would be willing to package the rezoning with the preliminary plat. He asked for the Commission's approval of their request. Mr. Schopper asked what is keeping the applicant from making this request an "R2". Mr. Dibrell responded that the "R2" zoning requires a wider lot which would cost them three lots, which is a significant change for them to incur. Chairman Bowen stated that the plat and zoning can't be tied together unless they are heard at the same time. Mr. Dibrell replied that they submitted on the week of March 10 and they received staff comments and revised accordingly. He stated that they were also asked to bring forward a preliminary plat. He stated that they submitted the site plan and the preliminary plat expecting it to be on the agenda tonight with the zoning case. Mr. Schopper stated that the Comprehensive Land Use Plan originally called for a big, affiliated, anchored grocery store that is now a church and was an industrial area that is now self-storage warehouses. This area hasn't built out as a commercial corridor and he doesn't have as much of a problem down-zoning this area versus the property on a 7 -lane major regional arterial. He believes this would be a perfect planned development. He wondered if there would be a way to put a variance on the size. Mr. Green explained that this is a request for R3 zoning and nothing else. There is no vehicle that allows the Commission, outside of a PD or SUP, to adopt a site plan. This was submitted back in March and staff commented on it, but there isn't a vehicle to address this type of project. A site plan cannot be included. He explained that a preliminary plat was turned in but staff has only had the plat for two weeks which is not enough time to get it done to present to P&Z. Mr. Davis stated that zoning and platting together don't matter in this issue. Either this is an R3 or it's not. Chairman Bowen agreed. Mr. Schopper stated that in his mind it's either an R2 or not. Mr. Sapp agreed. He stated that he wouldn't have any problem approving this if it were an R2. Mr. Dibrell stated that the only way this project could go denser is with a U- shaped road which would double-load both sides of the street. Chairman Bowen explained that the Commission is not looking for a higher density. Mr. Davis stated that Mr. Dibrell's layout would work for an R2 zoning even though they would lose a couple of lots. He encouraged the applicant to stick to the zoning issue of why this piece of property needs to be R3, rather than discussing street layouts and such. Mr. Dibrell stated that he didn't see how one could get to 4.8 units per acre. Chairman Bowen responded that R3 is more than density. It also involves lot sizes, garages, setbacks, etc. Mr. Schopper stated that the applicant has addressed some of those things in his comments, by restricting the side entry and rear entry garages. He stated "front entry garages are something we just plain don't like. That's why I'm saying it's real close to being an R2 and you guys are saying it's just a straight R3 period and I'm saying he's trying to do stuff to camouflage it to make it look like an R2." Mr. Davis stated that if the request was for R2 it would fit in this neighborhood since the surrounding neighborhood is R2. Mr. Dibrell responded that the surrounding neighborhood has 75-ft. lot widths. Mr. Sapp stated that R2 is 76-ft. Mr. Davis asked to hear others who wished to speak on this case. The Chairman called Mo Chaudry, 813 Tradonna Lane, Hurst, who stated that he did not wish to speak but he was in favor of this project. Lee Bartel, 8404 Baywood Dr., is in favor of the project but did not wish to speak. Marva Alderman, 7928 Lucian, stated that her property backs up to this proposed subdivision and she is concerned about flooding. She stated that two weeks before they closed on their property they found out that part of their yard is in the floodplain and they were assured that when the City finished their drainage work east of them they would no longer have the problem, but the government still approves them for flood insurance so she believes they still have a problem and that it will be worse when the property behind them is built. She stated that there is a flume running along their property and all of the water drains to there. She stated there is an overflow basin behind her fence which isn't on the applicant's drawing that acknowledges that its back there. She doesn't have a problem with houses back there but she believes the plan is too dense and that flooding will be a problem. She also is concerned about rear entry garages and that their driveways will be right behind her fence. Chairman Bowen stated that flooding is an issue that will come up during the platting process. The density of the lots is part of the zoning process and that's one thing that the commission is looking at. The Chairman called on Omar Alderman who stated that he is against the project and doesn't wish to speak. Linda Morris, 7920 Lucian Drive, stated that her property is directly north of these proposed buildings. She has a fear of 17 homes jammed in that area with front entry garages and cars in the street, which would totally detract from the neighborhood. They moved to their home because of the wide, deep lots. She doesn't want these homes to devalue her home. She's feels better about this project based on the site plan shown by the applicant, but she wanted it known that she didn't want homes jammed in there. Richard Rhodes, 1625 Suncrest Drive, Keller, stated that he owns the property just to the west, the self-storage, and he owns the vacant lot that is north of the self-storage. He bought this about 3 years ago. He stated that at one point the City was going to buy a portion of it and he was going to develop a portion of it but that didn't happen and so it sat for three years. He is potentially going to put more self-storage there and he is in favor of this project because he believes it is a good use for the property. He believes the wall would be nice and to his advantage, but his concern is that he could potentially lose buildable property because of the setback regulations for residential to commercial which is 35-ft. Since he is going to have to have an SUP, he might be able to ask for a variance, but he'd like some input on how to proceed. Chairman Bowen stated that even with an SUP he didn't think he would be able to get a variance on the open space. Mr. Davis stated that if he developed the piece of property to the north of the self- storage, he would have to submit a site plan to the staff and it wouldn't affect the existing structures but would affect the new structures put in on the north lot. Within the current rules and regulations he could abut commercial, but not residential. He would need a 35-ft. setback with residential. Mr. Rhodes stated that if he were to use that for outside storage then the wall would definitely be a benefit. Mr. Schopper suggested that perhaps he shouldn't put buildings there. Mr. Davis suggested he submit his plans immediately and get his business established before the residential goes in. Mr. Dibrell returned to the podium to ask if the plat and zoning could be brought back together. The Commission members (Schopper, Davis) suggested that the applicant change his request to R2. Mr. Dibrell asked if he could keep his same site plan if they changed to R2. Mr. Davis explained that his minimums wouldn't work for R2; he would need to rework the plan. Mr. Dibrell requested a brief recess to decide if he wished to change his request to R2. The Chairman granted a recess at 8:59 p.m. and reconvened at 9:05 p.m. All commission members and staff members returned and were present when the meeting reconvened. Mr. Dibrell stated that he would like to accept the proposal to convert the zoning request from an R3 to an R2. He stated that their primary concern is that the contract they are obligated to is to reach City Council on June 10, 2004. If the R2 is approved, they would like to bring a preliminary plat back in two weeks. Mr. Davis stated that it has to go through a staff review process. Mr. Schopper suggested that the applicant go back to the buyer and ask for additional time. ~~-------- Mr. Davis stated that if the zoning request is approved tonight, Mr. Dibrell could go to City Council on June 14 [not June 10 as stated by Mr. Dibrell] with the zoning request but not the preliminary plat request. Mr. Davis stated that with the change to R2, the lot widths and depths will change so he will lose one or two lots. Mr. Davis also wondered if the self-storage neighbor, Mr. Rhodes, could submit a site plan a day before this zoning case goes to Council, so that the clock starts on his development prior to the adjacent property changing to residential and therefore he wouldn't have the burden of the buffer. The Chairman asked Mr. Green to explain the requirements for R2 for the benefit of the applicant and the audience. Mr. Green explained that R2 is the standard residential district for the City of North Richland Hills. R3 requires an 1800 sq. ft. minimum house on a 7700 sq. ft. minimum lot. R2 requires a 2000 sq. ft. minimum house on a 9000 sq. ft. minimum lot. Some of the setbacks will change a little bit, but the main change is slightly larger lots and slightly bigger homes. Mr. Sapp mentioned there are also mandatory side and rear garages and a broader width between the homes. The Chairman asked if the audience had any questions or comments with the change to R2. There were no questions or comments from the audience. Mr. Schopper asked if the residential would include the 15-ft. buffer and that the residential applicant would be responsible for the screening wall. Mr. Dibrell stated they will meet with their adjacent property owner and discuss a way of including the wall and perhaps sharing the landscaping buffer. He stated that they will go back to their seller and ask for more time. The Chairman closed the public hearing and called for a motion. Mr. Schopper motioned to approve PZ 2004-09 zoning change from "C2" commercial to "R2" residential district and that the 15-ft. buffer be incorporated into the backyards of the residential side and also the screening wall does not have to be paid for by the existing user. Mr. Davis seconded the motion. The motion was approved unanimously (6-0). ORDINANCE NO. 2785 2 ZONING CASE PZ 2004-09 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH 6 RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 4.11 ACRE 8 TRACT OF PROPERTY FROM C2 (COMMERCIAL) TO R-2 (RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING 10 FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 12 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 14 10 days before such hearing; and, 16 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 18 hearing; and, 20 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 22 and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 24 WHEREAS, the City Council is of the opinion that the zone change herein effectuated 26 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 28 Richland Hills; NOW, THEREFORE, 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 32 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 4.11 acre tract of land located in the 8000 Block of Starnes Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described on Exhibit "A" hereto, ±rom C2 Commercial to R-2 Residential zonmg. 34 36 38 40 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 42 Ordinance No. 2785 Page 1 of 2 2 be allowed to continue shall constitute a separate violation and punishable hereunder. 4 Section 3: 6 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. 8 Section 4: This ordinance shall be in full force and effect immediately after passage. 10 AND IT IS SO ORDAINED. 12 PASSED on this 14th day of June, 2004. 14 CITY OF NORTH RICHLAND HILLS 16 18 By: 20 Oscar Trevino, Mayor 22 ATTEST: 24 26 Patricia Hutson, City Secretary 28 APPROVED AS TO FORM AND LEGALITY: 30 32 George A. Staples, Attorney 34 APPROVED AS TO CONTENT: 36 38 Department Head Ordinance No. 2785 Page 1 of 2 CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 6/14/04 \-- Subject: Public Hearing and Consideration of a ReQuest from Jones Agenda Number: LRB 2004-01 & Carter Inc. on behalf of Brinker International for a Landscape Variance from Ordinance No. 2473 Landscape Regulations at 8485 Davis Boulevard (.014 acres). Case Summary: The'applicant is proposing to construct a Chili's Restaurant at the above location. The Landscape Ordinance requires all new commercial developments to include a 15' wide landscape setback along all public street frontages. Within this setback a minimum of one 3" caliper "street" tree (located approximately every 50') and 10, 30" tall shrubs every 50' or a berm/wall to screen parking spaces is required. The applicant is requesting a variance to reduce the width of the required landscape setback along both Davis Boulevard and Shady Grove Road from 15' to 10'. The applicant asserts (see attached letter) that because of the size and shape of the existing lot and the desire to exceed the city's minimum parking requirements, a 15' wide landscape setback along both streets is impossible. The Landscape Ordinance provides for variances by the Landscape Review Board (City Council) for situations whereby the variance would not be contrary to the public interest and where enforcement of the ordinance would lead to an unnecessary hardship. '-_ Proposed Landscaping: In lieu of the smaller width setback, the applicant's proposed landscape plan (attached) increases the number of street trees along Davis Boulevard from the 5 that are required to include 5 new trees, 3 existing Oak trees with large calipers, and 6 ornamental trees (count as 3 street trees). Parking space screening requirements of 52 shrubs have been increased to 150. On Shady Grove Road the required 5 street trees has been increased to 7 new trees with 5 ornamental trees (counts as 2 1/2 street trees). Parking lot screening requirements of 70 shrubs has been increased to 100. The proposed Landscape Plan includes other notable increases in landscaping over ordinance requirements. Approximately 37% of the total lot is landscaped compared with the ordinance requirement of 15%. The landscape plan also notes 10 trees provided for landscaping of the parking lot as opposed to the 6 trees required by ordinance. Finance Review Account Number Sufficient Funds Available ~~~ LRB 2003-01 Chili's Pago 1 of 2 CITY OF NORTH RICHLAND HILLS '- Variance Reauestèd bv this Plan . A variance from the 15' landscape setback required along both Davis Boulevard and Shady Grove Road frontage in lieu of the 10' setback and additional landscaping as provided on the attached plan. Staff Recommendation: With the exception of the 10' landscaped setbacks provided along Davis Boulevard and Shady Grove Road, the proposed landscape plan exceeds ordinance requirements. The applicant's hardship of not being able to provide a 15' setback is based on the desire to provide additional parking for the intended use. Staff feels that the applicant is not only showing a concerted effort to meet the. intent of the ordinance but provide additional parking that enhances the development. Staff recommends approval of the request. If Council determinèS that this landscape variance is acceptable, the following motion is recommended: Approval of LRB 2004-01 as submitted. Review Schedule: Application: 5/5/04 Final Hearing: 6/14/04 Total Review Time: 5 weeks , \..- JC JON E S & CAR T E R ¡ N c, ENGINEERS' PLANNERS' SURVEYORS 3030 LBJ Freeway, Suite 910 Dallas, Texas 75234-ìì47 TEL 972 488 3880 FAX 972 488 3882 AUSTIN DALLAS HDUSTON TH E WOODLANDS June 3, 2004 I~ Œ © Œ /I ',Vi œ ~ Un JUN _ 4 ¿OU4 .. ~ Ms. Donna Jackson Planner City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 PLANNING & INSPECTIONS Re: Landscape Variance Request for Chili's at Shady Grove Road and Davis Boulevard North Richland Hills, Texas Dear Ms. Jackson: Pursuant to our discussions, please accept this letter as a formal request for a landscape variance for the above referenced site, The specific variance request is the reduction of the landscape buffer along Shady Grove Road and Davis Boulevard from fifteen feet (15') to ten feet (10'). Due to the unusual shape of the property and the required number of parking spaces for a Chili's restaurant, it is impossible to have 15' landscape buffers along Shady Grove and Davis. In order to account for the reduction in buffer width, the total amount of site landscaping has been increased as follows: 1. The percentage oflot landscaping required (15% oflot area) has been increased to 37% oflot. 2. In addition to the required street trees, an additional eleven (11) ornamental trees and 118 shrubs have been added. 3. The number of parking lot trees increased to ten (10) tress from the six (6) trees required. If you have any questions regarding this request, please call. Sincerely, ?-~ J on R. Elms. P .E. P, oject Manager JRE/je I:\ProJectsV&CDallasll3rinker iDOIS\\005 Chili's-N, Tarrant Pkwv. @ Davis Blvd\Lettenlandscape6-3-04,DOC Smart Engineering. Smart Soiutions,'''' 'Nww.jonescaner.com SHADY GROVE RD N A NRH LRB 2004-01 Lot 3, Block 5 Brentwood Estates Addition 8485 Davis Boulevard Brinker International Chili's Restaurant o 200 400 600 800 1000 Feet Prepared by Planning OS/25/04 NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS LANDSCAPE REVIEW BOARD (CITY COUNCIL) Case #: Applicant: Location: LRB 2004-01 Jones & Carter Inc. for Brinker International Lot 3, Block 5 Brentwood Estates Addition a.k.a. 8485 Davis Boulevard You are receiving this notice because you are a property owner of record within 200 feet of the property listed above and shown on the attached map. Purpose of Public Hearinq: Brinker International is proposing to build a Chili's Restaurant at the above location. Section 1. G of the Landscape Ordinance requires a 15' landscaped setback along both the Davis Boulevard and Shady Grove Road street frontages. In order to accommodate additional parking for the proposed restaurant and due to the size of the existing lot, the applicant is requesting a 5' variance from the current 15' requirement and proposes a 10' setback instead. The Landscape Review Board (City Council) will consider this variance request at the following date and time. Public Hearinq Schedule: Public Hearing Date: LANDSCAPE REVIEW BOARD (CITY COUNCIL) MONDAY, JUNE 14, 2004 7:00 P.M. Time: 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 WILSON, CHARLES ETUX SHARIL YN 8541 SHADY GROVE RD NORTH RICHLAND HILLS TX - <30-1331 WILSON, SHARIL YN BRUNTZ 8541 SHADY GROVE RD FORT WORTH TX 76180-1331 RIF 102 LLC, PO BOX 8615 STATION A GREENVILLE SC 29604-0000 DHOG LLC & ZTCP LLC, 328 GREEN ACRES DR DEFUNIAK SPRINGS FL 32433-7996 RIF 102 LLC, PO BOX 8615 STATION A GREENVILLE SC 29606-0000 CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 6/14/04 \..... Subject: Consideration of a Request from Jones & Carter Inc. Agenda Number: PZ 2004-11 on Behalf of Brinker International for Site Plan Approval of a Chili's Restaurant Located at 8485 Davis Boulevard (,014 acres). Case Summary: This request is for approval of a site plan for a Chili's restaurant. The Zoning Ordinance requires that all new, non-residential uses within 200' of residentially- zoned areas or areas shown to be residential on the ComprehenSive Plan must have a site plan approved by the Planning Commission and City Council. This site is within 200' of a tract of land (North of Shady Grove Road) shown on the Comprehensive Plan as being low density residential. Site Plan approval is not a public hearing process and does not require notification of adjacent property owners or posting of a sign on the property. Existing Land Use/Site Attributes: The site is currently vacant and is characterized by mature trees along the Davis Boulevard frontage. Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area surrounding the intersection of Davis Boulevard and North Tarrant Parkway. The proposed use and existing zoning are consistent with the Plan. ',-- Adjacent Zoning / Land Use: North: "C1" Commercial, "AG" Agricultural/Bank (Summit), large lot residential East: "PD" Planned Development I Vacant (future location of Woodforest Bank) South: "C1" Commercial I Chase Bank (under construction) West: "C1" Commercial/Vacant Site design Features: The following features are noted on the site, landscape and building elevation plans. Building Design and Materials: · A 5,860 square foot single story building oriented toward Davi¡s Boulevard (not required to meet Architectural Standards of the Zoning Ordinance); · Building materials consist primarily of simulated brick and stone (Meets Ordinance definition of masonry); Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number ~ Sufficient FundS Available Finance Director '",-- ~/ ;? / . (j,j ..-....1 . I .C~i_ PZ 2004-11 Chili's CC CITY OF NORTH RICHLAND HILLS '- · Use of EFIS is limited to 13% (15% limit) of each façade and is located above 8' in height; · Use of exterior decorative lighting and canvas awnings over windows; · A "to go" entrance and parking for food pickup is located along the Shady Grove Road side or "right" elevation of the building; Access and Parking: · No direct access to either Shady Grove Road or Davis Boulevard is provided, instead, access is from adjacent common access easements previously platted as part of the development at this intersection; · A 24' wide Fire Lane surrounds the building location; · A total of 118 parking spaces (including 5 handicapped accessible) are provided. This is double the minimum 59 spaces required by ordinance; · A meandering sidewalk (matching existing sidewalk design in this area) is provided along both the Shady Grove Road and Davis Boulevard frontages. Landscaping and Screening: · The site is not directly adjacent to residentially-zoned properties so no exterior boundary screening is required; · As provided for in the Tree Preservation Ordinance, due to required grading, fire lane access and building location, most of the existing trees will be removed. Three large Oak trees, ranging in size from 10" to 22" in caliper, will remain at the intersection of Shady Grove Road and Davis Boulevard; ',-, · Masonry walls (materials similar to building façade) and a metal canopy are provided as screening for the dumpster pad site at the rear of the building; Signage and Lighting: · A 5' X 9' (approximate) monument sign with masonry surround is proposed for the intersection of Shady Grove Road and Davis Boulevard. The proposed sign is consistent with Sign Ordinance requirements; · A 11.5' X 6' "Chili's" wall sign is proposed over the Davis Boulevard main entry of the building. In addition a smaller "to go" wall sign (3' x 3.5' apprcbximate) is proposed over the order pickup doorway on the north side of the building. . Both signs meet current Sign Ordinance standards. · A three dimensional fiberglass "chili pepper" is proposed over the front entryway. This type of sign is permitted and is consistent with the Sign Ordinance requirements. · The Construction Detail Plan notes four, 30' taillight poles located in the parking lot along the sides of the building. Each of these light standards has a single 400 watt light fixture. A fifth pole located in the front parking lot contains a dlJal 400 watt fixture. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on May 20, 2004, recommended approval of PZ 2004-11 by a vote of 6-0 with the following stipulation: 1) Clarify the number of street and ornamental trees provided on the Landscape Plan. CITY OF NORTH RICHLAND HILLS The applicant has. revised the Plan notes to reflect the correct number of street and ornamental trees to match those shown on the plan. ',-- Staff Recommendation: To approve PZ 2004-11 as recommended by the Planning and Zoning Commission with the addition of wheel stops to; be placed on all parking spaces along the western edge of the site adjacent to the public access easement. Review Schedule: Application: 4/16 /04 Final Hearing: 6/14/04 Total Review Time: 8 weeks '-- '--- SHADY GROVE RD N A NRH PZ 2004-11 SITE PLAN REVIEW CHILI'S 8485 DAVIS BLVD Prepared by Planning 05/11/04 PZ 2004-11 CONSIDERATION OF A REQUEST BY JONES & CARTER, INC. ON BEHALF OF BRINKER INTERNATIONAL FOR SITE PLAN APPROVAL OF A PROPOSED CHILI'S RESTAURANT ON LOT 3, BLOCK 5, BRENTWOOD ESTATES ADDITION, 8485 DAVIS BOULEVARD (.01454 ACRES). APPROVED Mr. Green summarized the case. This site plan is for a Chili's on the west side of Davis Blvd. and north of North Tarrant Parkway. Site plan approval is needed because anytime that a new commercial business is proposed within 200-ft. of either existing residential zoning, or land that is shown on the Comprehensive Plan as being residential, site plan approval is needed by both the Planning & Zoning Commission and the City Council. Brinker International has indicated that this is a new prototype for a Chili's. It is 5800 sq. ft. in size and fronts onto Davis Blvd., but there are no access points from Davis Blvd. or Shady Grove Rd. directly into the site. All access points are from private access easements that are being constructed on the west and south sides of the property. There will be no direct access to/from Davis Blvd. This building will show a combination of decorative stone and brick. It meets the minimum masonry requirement of the current ordinance. On the side of the building there will be a place for people to pull into parking spots and do pick-up orders from a window, and the main entrance of the restaurant is around the corner. There is a Chili's logo on the front, with a 3-dimensional fiberglass chili pepper. Both objects are consistent with the ordinance. There is a proposed monument sign at the corner of the property and that is also within the constraints of the Sign Ordinance. The minimum parking requirement for a business such as this is based on the square footage of the business and the current requirement is for 59 spaces. Chili's is proposing 118, which is a good thing for this type of business. The dumpster pad is located on the rear of the building. It will be screened with the same materials that will be utilized in the building itself. There will be landscaping along Davis Blvd. and along Shady Grove Rd. In both cases, there are street trees that are required at certain intervals and that criterion is being met. There will be exterior lighting but there isn't light bleeding over into a residential neighborhood. Mr. Green also mentioned that there are meandering sidewalks on both street right-of-ways which mirror existing public right-of-ways along North Tarrant Parkway. Staff recommends approval. Mr. Schopper commented that on the plan it looks like trees are proposed every 25-ft. along Davis and every 28-ft. along Shady Grove, but the description at the bottom states one tree per 50-ft. Mr. Green replied that one street tree per 50-ft. is the requirement but he would prefer that the applicant modify the statement to accurately reflect the visual exhibit which shows one street tree approximately every 25-ft. ~'^"'_"""'_'._-"-"__'._._~~.,,_._._..------...~._-~--~,~,--. Mr. Sapp, seconded by Mr. Nehring, motioned to approved PZ 2004-11 with the provision that the notation on the plat be changed to the correct verbiage to identify the number of trees. The motion was approved unanimously (6-0). CITY OF NORTH RICHLAND HILLS Department Planning Department Council Meeting Date: 6/14/04 \'-~ Subject: Public Hearing and Consideration of a ReQuest from Ernest Agenda Number: LRB 2004-02 Hegdcoth on behalf of Huggins Honda for a landscape Variance from Ordinance No. 2473 landscape Regulations at 7551 Loop 820. Case Summary: The applicant is nearing completion of an expansion to the existing automobile dealership. This expansion fronts along the west-bound service road of loop 820 and extends northward to the adjacent residential neighborhood along both Susan lee Lane and Nancy lane. Where the new expansion fronts onto Nancy lane and the loop 820 Service Road, the Landscape Ordinance requires a 15' wide lanØscape setback. Within that setback a minimum of one 3" caliper "street" tree (located approximately every 50') and 10, 30" tall shrubs (located every 50') or a berm to screen parking spaces is required. In August of 2002, the applicant received site plan approval (ref.PZ 2002-19) for this portion (Phase I) of the dealership expansion. The approved site plan indicated that the applicant would provide the reqùired number of street trees (12) and screening shrubs (169) to meet the minimum landscape requirements of the ordinance. Now that the proposed expansion is nearing completion, the applicant is requesting a variance from the previously approved landscape plan. The · variance involves only the required parking lot screening shrubs along the Nancy lane and the eastern half of the loop '"--, 820 frontage. The approved landscape plan indicates a total of 169 shrubs on 3' centers along this boundary. The proposed landscape plan (attached) would provide only 12 shrubs along the Nancy lane frontage and no shrubs along the loop 820 frontage. A variance request totaling 157 individual shrubs is proposed. A final Certificate of Occupancy for this expansion is being withheld until this variance request is considered. The applicant's representative has submitted a letter (attached) outlining the reasoning behind the variance request. The letter contends that the lot Is for display purposes, not parking, and that the addition of shrubbery would block the view of the vehicles. The letter also points out that. a berm has been provided along the property frontage. The landscape Ordinance does provide for the utilization of berms as well as shrubbery for 'screening purposes. As the existing berm is constructed, however, it does not meet minimum ordinance requirements. Finance Review Account Number Sufficient Funds Available ~~ LRB 2003-02 Huggin's Honda Page 1 of 2 CITY OF NORTH RICHLAND HILLS '--.. Variance Reauested bv this Plan · A variance from providing 169 shrubs on 3' centers along th~ Nancy Lane and portions of the Loop 820 frontage in lieu of providing 12 shrubs along the Nancy Lane and no shrubs along the Loop 820 frontage. Staff Recommendation: All of the major car dealerships in this community were built prior to the adoption of the Landscape Ordinance in 1999. As such, landscaping at these dealerships vary greatly. However, in 2002 Five Star Ford submitted a proposed expansion to their dealership involving, among other things, a used car display lot along appro~imately 800' of the Loop 820 frontage. The approved plan for that expansion provided the required number of screening shrubs along this frontage and the site has now been landscaped accordingly. In staff's opinion the applicant has not demonstrated any significant uniqueness concerning the use of his property as compared to this existing situation. Staff feels that consistency in interpretation and application of the existing requirements is important in maintaining high quality development standards. Staff recommends that the proposed variance be denied and the existing approved landscape plan be upheld. If Council determines that this landscape plan is acceptabl~, the following motion is recommended: Approval of LRB 2004-02. Review Schedule: Application: 6/03/04 Final Hearing: 6/14/04 Total Review Time: 2 weeks ',,- '-I N A NRH LRB 2004-02 LOT 1 R, BLOCK RIVERCROWN ADDITION HUGGINS HONDA 7551 NE LOOP 820 o 200 I 400 600 800 Feet I Prepared by Planning 06/03/04 -"-'. ._._.-......~..~'_._-.~~._-'''--~-_.,~-----"~-~,~~~.._._._~~_.-......_~-~--- NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS LANDSCAPE REVIEW BOARD (CITY COUNCIL) Case #: Applicant: Location: LRB 2004-02 Ron Huggins I Huggins Honda 7551 Loop 820 You are receiving this notice because you are a property owner of record within 200 feet of the property listed above and shown on the attached map. Purpose of Public HearinQ: Huggin's Honda has recently completed expansion of the Honda dealership on Loop 820. This expansion involved the construction of a parking lot or auto display area. The Landscape Ordinance requires that non-residential parking lots be screened with solid vegetation or landscape berms from public street view. The applicant is requesting a variance from this requirement stating that the screening requirement would hinder the visibility of his vehicle display. The Landscape Review Board (City Council) will consider this variance request on the date and time noted above. The Landscape Review Board (City Council) will consider this variance request at the following date and time. Public Hearina Schedule: Public Hearing Date: LANDSCAPE REVIEW BOARD (CITY COUNCIL) MONDAY, JUNE 14, 2004 7:00 P.M. Time: 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 ~-·__.'_~~_M·~,",_____~_________~~__._,--.. ERNEST HEDGCOTH Consulting Engineers. Inc. PLANNING · DESIGN · ENGINEERING June 2, 2004 City of North Richland Hills P.O. BOX 820609 NRH, TEXAS 76180 RE: Huggins Honda Property Landscaping Variance 7551 N. E. Loop 820 North Richland Hills, TX Dear Sir: We are requesting a variance from the landscaping requirement for 157 shrubs on the above referenced display lot. We understand that the intent of the landscaping and buffering regulations is to preserve and improve the natural urban environment by the use oflandscaping elements. We believe we have met the City's intent with the quality of the overall finished product. The "parking lot" located at the above referenced property is an atypical lot who's primary function is not to maneuver and park vehicles as stated on page 3 of Ordinance 2473 but is a display or showcase lot for the single purpose of allowing public viewing of the vehicles. While we had added to this property a 30" benn and twelve trees and twelve shrubs, we believe that the addition of 157 shrubs would be a hardship upon this business because of the following reasons: 1. This lot is not a typical parking lot; it is a display lot for vehicles. The object of the display lot is to showcase the vehicles available at this location. 2. The addition of the shrubbery would block the view of the vehicles. 3· The property at this location does improve the physical appearance of the City and enhances the community's aesthetic qualities. In summary, the front lot of a dealership is unique in that it serves as a marketing display lot not as a typical parking lot for customers to park and enter into a business display showroom area. Section H, page 4 of the Ordinance 2473 addresses parking lot screening and says that parking lots which are not screened by on-site buildings or fences shall be screened from view of public rights-of-way and open space. The screening of this lot would create a detriment to this dealership and be contrary to the purpose of the display lot. If you have any questions please feel free to contact us at 817.831.7711. Sincerely, ~~ Ernest Hedgcoth, P. EH/ss 5701-C Midway Road Fort Worth. Texas 76117 817-831-7711 CITY OF NORTH RICHLAND HILLS ,-- "ìartment: Administration Council Meeting Date: 06/14/04 Subject: Public Hearina Reqardina Charter Communications Cable Agenda Number: GN 2004.Q44 Franchise Renewal The purpose of this item is to open a 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. As you are aware, the North Richland Hills cable franchise does not expire until January 2007; however, 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. Staff is proposing to receive .public comments in a variety of ways. First, we are asking that the City Council open a public hearing to receive public comment. This public hearing will be continued for the remainder of the first stage of the process, which will take at least six months to complete. The recommended procedure for this public hearing would be to place an item on the Council agenda to receive at the following City Council meetings over the next 6 months: t.......-Ine 14th, 2004 3t meeting in August 2004 (August 9, 2004) First meeting in October 2004 (October 11, 2004) First meeting in December 2004 (December 13, 2004) The City will also receive public comments via the City web site (www.nrhtx.com). There will be a form designed specifically to receive comments for this purpose that will be accessible on the web site. Cable subscribers can also submit public comment by sending a letter to the City Manager's Office, attention Paulette Hartman, 7301 NE Loop 820. We will receive public comments via all of these methods until the public hearing is closed. Recommendation Open the public hearing and continue the hearing until the City completes the first stage of the cable franchise renewal process. Source of Funds: Bonds (GO/Rev.) Operating Budget Other r-J ~- /¡~ß.t.L--~. ~ ~ Department Head Signature Finance Review Account Number Sufficient Funds Available Budget Director Finance Director "\ ~ø CITY OF NORTH RICHLAND HILLS / I. I Department: Economic Development Council Meeting Date: June 14,2004 Subject: Request Action Regarding the City's Continued Participation in the Agenda Number: GN 2004-046 Northeast Job Access Program. Background: During the 2000 calendar year, several Northeast Tarrant County cities came together to assist employers having trouble filling vacant positions in their companies. In an effort to increase the labor pool for these employers, the cities met with the North Central Texas Council of Governments to devise a plan to utilize the transportation systems of The T and DART to link their employers to the rest of the Metroplex. On behalf of the cities of Arlington, Grapevine. Hurst, Bedford, Haltom City, and North Richh:md Hills. the North Central Texas Council of Governments applied for and, in 2001, was awarded a $1.5 r1)illion federal grant to begin the Northeast Job Access Program. This pilot program was established to provide shuttle service from the Trinity Railway Express stations to major employment sites in the cities. The grant includes 50% participation. and the cities or employers are responsible for the remaining costs. Initial Service Plan: In October 2003, the City of North Richland Hills was the first city to begin providing shuttle service. The North Central Texas Council of Governments contracted with The T to provide shuttle service through an agreement with Yellow Cab. Based on a series of meetings with employers and employees. and several surveys, sixty-two people showed interest in riding the shuttle. We began shuttle service on October 13 and ran Monday through Friday, with 4 morning pickups between 6:30 a.m. and 8:30 a.m. and 5 evening pickups between 4:00 p.m. and 6:00 p.m. An 8 passenger shuttle van is currently running from the Trinity Railway Express Station in Richland Hills to UICI Insurance Center and Tarrant County Colleae. After seven months of service. there are only four regular passengers, and in April, less than half of the shuttle runs had passengers. In an effort to increase ridership, the City approached Silverleaf Resorts, Express Telephone, and North Hills Hospital. Either the employers were not interested in promoting the shuttle, or there were not enough employees interested in utilizing service to justify a stop at any of these businesses. Several employers who requested shuttle service in the past are no longer interested in participating in the Northeast Job Access Program. City staff attributes this change mainly to the shift in the economy. The need for labor is not as pressing as it was a couple of years ago. Another problem is the inability to get riders to abandon the use of personal vehicles of which they are closely attached. City Comparison: Out of the six Northeast Tarrant County cities who applied jointly for the federal grant, Arlington, Grapevine. Hurst, Haltom City, North Richland Hills, and Bedford; North Richland Hills is the only City to initiate service. Arlington and Grapevine were ready to begin service and pulled out due to budget issues. Grapevine is reconsidering participation due to the Gaylord Convention Center's recent opening. The only city in Tarrant County where the NE Job Access shuttle service is working successfully is Fort Worth at the Centreport Station. Source of Funds: Bonds (GO/Rev,) Operating Budget Other Finance Review Account Number Sufficient Funds ÄV811aDle Finance Director \..- ~~ / b-- Department Head Signature ~~~ Page 1 of 2 " CITY OF NORTH RICHLAND HILLS \,~ Centreport has a very large employment base made-up of several employers all in one location. Some of the businesses at Centreport include: American Airlines, EDS, Southwest Office Systems, Marriott, Call Solutions, Bank One, Motheral Printing, and Southwestern Bell. By comparison, the number of employees North Richland Hills at TCC and UICI is able to reach through the shuttle is significantly smaller. The Centre port shuttle is able to access more than 20,000 employees while the NRH shuttle reaches approximately 2,000 employees. Contract Requirements: According to the contract signed with the North Central Texas Council of Governments, the City is required to give sixty days notice prior to halting shuttle service. City staff feels this is a sufficient amount of time to notify all parties involved including the passengers, UtCI Insurance Center, and Tarrant County College. RECOMMENDATION: City staff is recommending that North Richland Hills notify the North Central Texas Council of Governments immediately to cease service for the NE Job Access Shuttle in North Richland Hills effective August 15, 2004. '",- "'-.- CITY COUNCIL ACTION ITEM Page 2 of2 NORTHEAST TARRANT COUNTY JOB ACCESS PROJECT INTRODUCTION Program: Focus: Approach: Job Access Connect persons to employment and related support services Develop strategies locally BACKGROUND Project: Focus: Approach: Northeast Tarrant County Job Access Initiate shuttle service to/from Trinity Railway Express Pilot/Demonstration Project TRINITY RAILWAY EXPRESS SERVICE Trinity Railway Express Rail Corridor T&P Station Monthly Pass: $40.00 from Tarrant County $70.00 from Dallas County FARES Daily Pass: $2.50 from Tarrant County $4.50 from Dallas County PROPOSED SCHEDULE MORNING Train Train Bus Arrive Arrive Direction Arrival Departure TCC UICI EB from Fort Worth 6:39a 6:39a 6:50a 6:55a WB from Dallas 6:24a EB from Fort Worth 7:21a 7:21a 7:33a 7:39a WB from Dallas 7:06a EB from Fort Worth 8:03a 8:03a 8:15a 8:20a WB from Dallas 7:48a EB from Fort Worth 8:43a 8:43a 8:53a 8:58a WB from Dallas 8:29a Richland Hills Station Baker Blvd 1:3 .. ~ iD 2;' e " c ,G" ! . Trinity Blvd. AFTERNOON Bums Leave Leave Arrive Train Train Randol Mill "e. ~ : .,_'''''' _''''.~;;'.' :':':~:',';O: ~ . UICI TCC Station Departure Direction I~" 4:07p 4:13p 4:25p 4:34p WB to Fort Worth 4:49p EB to Dallas 4:50p 4:56p 5:08p 5:17p WB to Fort Worth 5:32p EB to Dallas 5:07p 5:13p 5:25p 6:00p WB to Fort Worth 5:32p EB to Dallas 5:50p 5:56p 6:08p 6:15p EB to Dallas 6:07p 6:13p 6:25p 6:44p WB to Fort Worth 6:59p EB to Dallas RESOLUTION NO. 2003-067 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Interlocal Agreement with the North Central Texas Council of Governments for participation in the Northeast Tarrant County Job Access Program. PASSED AND APPROVED this the 25th day of August, 2003. :z¡;~ Oscar Trevino, Mayor "'~~~~~."./......... ~....,.. .... ~ N~: ... ~ ~ ...." ·\WP~ ::~ . ~. :; -' r "....- ~~~ Paf'(~~ Hitsq~'tity Secretary "'"111111\\1\ APPROVE AS TO FORM AND LEGALITY: ,I George Staples, C ty Attorney APPROVED AS TO CONTENT: ~c£2~ John Pitstick, Development Director ~ City Secretary Office ~Officïal Record Copy INTERLOCAL COOPERATIVE AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF NORTH RICHLAND HILLS for PARTICIPATION IN THE NORTHEAST TARRANT COUNTY JOB ACCESS PROJECT WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, it is the goal of the RTC to offer a transportation system that is accessible, integrated, efficient, and provides for a diverse and flexible set of transportation options; and, WHEREAS, Section 3037 of the Transportation Equity Act for the 2151 Century created the Job Access and Reverse Commute (JA/RC) Grant Program to assist states and localities in developing flexible transportation services that connect low-income persons to jobs and employment-related services; and, WHEREAS, the Federal Transit Administration (FTA) awarded NCTCOG $1.5 million in JA/RC funds for the Northeast Tarrant County Job Access Project, to provide shuttle service to and from the Trinity Railway Express (TRE) to employment and related opportunities in Northeast Tarrant County; and, WHEREAS, the City of North Richland Hills is one of nine (9) cities contributing to the operation of the TRE; and, WHEREAS, the City of North Richland Hills has expressed an interest af1d desire to participate in the Northeast Tarrant County Job Access Project; and, WHEREAS, NCTCOG and the City of North Richland Hills are local governmental entities pursuant to the Interlocal Cooperative Act, Chapter 791 of the Texas Government Code, and as such may contract with one another for the provision of governmental functions and services of mutual interest. Each may be referred to as a "Party," and may be collectively referred to as the "Parties" to this Interlocal Agreement. \ A~~Vt:>\Jt"'j) "\c.l ~d.bfL? v 6~ ~\)t>~- ö<'í ~ ~ City Secretary Office ~ Official Record Copy NOW, THEREFORE, and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Service Description. Service under the Northeast Tarrant County Job Access Project shall focus on the provision of new or expanded transportation services for low-income persons to and from the TRE to employment and related opportunities. 2. Service Area. The service shall be provided in the City of North Richland Hills and other participating cities within Northeast Tarrant County, as defined and described in FTA Grant Agreement TX-37-X014. 3. Term. 3.1 Effective Date. The effective date of this Agreement shall be on the date that it is executed by the parties. 3.2 Term. This Agreement shall be in effect until September 30, 2004, and may be renewed annually by the City of North Richland Hills by giving notice of its intent to renew at least 30 days prior to the expiration of the current term. 3.3 Termination. Either party may terminate this Agreement at any time by giving 60 days written notice to the other party. 4. Organizational Relationships. 4.1 North Central Texas Council of Governments. As the federal grant recipient, the North Central Texas Council of Governments (NCTCOG) shall function as the Project Manager, and designate a staff member to serve in this capacity. The Project Manager shall chair the Project Planning Committee and act as a liaison between the participating cities, the Fort Worth Transportation Authority (the T), and FT A. 4.2 Fort Worth Transportation Authoritv. At the request of NCTCOG, the Twill implement and administer the job access transportation service to and from the TRE and designated employment sites. The T shall designate a Project Coordinator to serve on the Project Planning Committee. ,¡ 4.3 Citv of North Richland Hills. The City of North Richland Hills shall designate a staff member to represent the City on the Project Planning Committee. The representative shall act as a liaison between the Project Planning Committee and the City, major employers, and other local stakeholders. 4.4 Project Planninq Committee. The Project Planning Committee shall consist of the Project Manager, Project Coordinator, and a representative from each of the participating cities. The Project Planning Committee was created to facilitate coordination among the participating entities in planning, budgeting, and implementing job access services under the Northeast Tarrant County Job Access Project. Page 2 of 7 ~ City Secretary Office ~ Official Record Copy 4.5 Companion Aqreement. NCTCOG will enter into companion agreements with each participating city and the T for participation in the Northeast Tarrant County Job Access Project. 5. Implementation and Operation. 5.1 Service Plan. In consultation with the Project Planning Committee, the Twill develop a service plan for the City of North Richland Hills. 5.2 Service Provider. The T will contract directly with the service provider(s) for the provision of transportation services as detailed in the service plan for the City of North Richland Hills. 5.3 Service Qualitv. In collaboration with the Project Planning Committee, the T shall develop and implement procedures to ensure the quality of service. 5.4 Service Level. The Project Planning Committee will determine the appropriate level of service based on the service plan and budget for the City of North Richland Hills. 5.5 Service Modifications. 5.5.1 Requests for service modifications shall be submitted to the Project Planning Committee for consideration. 5.5.2 The Committee will evaluate requests based on the most productive utilization of resources and pursuant to grant requirements. 5.5.3 Upon the Committee's favorable recommendation, the T shall work with the service provider(s) to implement the recommended service modifications in a timely manner. 5.5.4 Service modifications not recommended by the Committee may be separately funded by the City of North Richland Hills, provided funding, equipment, and personnel are available. .,j 5.6 Marketinq. 5.6.1 In consultation with the City of North Richland Hills, the Twill promote and market the Northeast Tarrant County Job Access service to employers, employees, social and human service agencies, and other interested parties. 5.6.2 At the request of the City of North Richland Hills, the T shall furnish schedules, maps, and other printed materials in support of the service. 5.7 Reportinq. The T shall document and provide ridership, system performance, and financial reports at the request of the Project Planning Committee. Page 3 of 7 ~ City Secretary Office ~ Official Record Copy 6. Compensation. 6.1 Upon execution of this agreement, the City of North Richland Hills shall submit payment in the amount of $4,000 to NCTCOG for administration and management of the grant; and development of preliminary service plans. 6.2 NCTCOG shall invoice the City monthly for services provided on behalf of the City of North Richland Hills. 6.3 Upon receipt of such invoices, the City of North Richland Hills shall submit payment to NCTCOG within thirty (30) calendar days. 7. Miscellaneous. 7.1 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. 7.2 Contractual Relationship. It is specifically understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.3 Counterparts. This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary t9' produce or account for one such counterpart. 7.4 Complete Aqreement. This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. 7.5 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. Page 4 of 7 ~ City Secretary Office ~ Official Record Copy 7.6 Governina Law and Venue. This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in Tarrant County, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in Tarrant County, Texas. 7.7 Severabilitv. In the event anyone or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the parties. 7.8 Chanaed Circumstances. If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. 7.9 Enforcement. If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with such action. 7.10 Survival. All of the terms, conditions, warranties, and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. .( 7.11 Further Assurances. Each party agrees to perform any further acts and to sign and deliver any further documents which may be reasonably necessary to carry out the provision of this Agreement. Page 5 of 7 ~ City Secretary Office ~ Official Record Copy 7.12 Notices. Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal, or demand shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, in a postage paid envelop addressed to the party at the address set out below. If to NCTCOG: Mr. Michael Morris Director of Transportation North Central Texas Council of Governments Post Office Box 5888 Arlington, Texas 76005-5888 If to the: Mr. Larry J. Cunningham City Manager City of North Richland Hills P. O. Box 820609 North Richland Hills, TX 76182-0609 .1 Page 6 of 7 ~ City Secretary Office ~ Official Record Copy IN WITNESS HEREOF, the parties hereto have executed this Agreemen!t. in duplicate original at Arlington, Tarrant County, Texas, the J 5 day of -AUt{ t..û5! , 2003. CITY ....,'''''''\\\\\1 .:~__~?.\CHLAI\I,~IIIIII' ATTEST: ff ~ v't. \ .::-ð- n \- 1~ i <: \~ ~ 'LL- ~ tJ;;.J)jJ ~\/.\ 1:/;5 ~,Û "----'" :- " - I" * __- "'\ ",...- 11\\",,,,,,,..."'" ~j {i.TÝ= City Ma .g r NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS APPROVED AS TO FORM AND LEGALITY: ~ ' J"--'. ¡'-J I~ Att r ey ~ø~~ Executive Director .1 Page 7 of 7 r \' CITY OF NORTH RICHLAND HILLS ,I Department: Economic Development Council Meeting Date: June 14, 2004 Subject: Consider Appointmen.ts to South Grapevine Highway Corridor Oversight Committee Agenda Number: GN 2004-047 Background: The cities of North Richland Hills and Richland Hills recently completed the South Grapevine Highway Corridor Strategy and adopted an Interlocal Agreement to jointly promote the planning and implementation of revitalization efforts for South Grapevine Highway, South Rufe Snow and Glenview Drive. The overall study calls for a total of 23 general strategies. Following prioritization by both Councils a total of 10 major strategies were recognized as primary priorities. The interlocal agreement (copy attached) also stipulated the formation of an Oversight Committee consisting of 2 Councilmembers from each city plus 1 at-large business person. Previously both Councils had set up a Joint Ad Hoc Renaming Committee to consider the renaming of Grapevine Highway. This Committee met twice. The Joint Ad Hoc Renaming Committee had Frank Metts Jr., JoAnn Johnson and Scott Turnage as members from our Council. The newly established Oversight Committee will replace the Ad Hoc Committee and be responsible for broader duties including recommending funding efforts to individual Councils for the South Grapevine Highway Corridor Strategies. The City of Richland Hills made Council appointments at their regular meeting on Tuesday, June 8. Richland Hills has appointed Jim McKnight and Kenney Davis to the Oversight Committee. Staff has scheduled the first meetina of the Joint Oversiaht Committee on Thursdav. Julv 1 from 6:00 p.m. to 8:00 p.m. at Richland Hills City Hall Council Chambers. RECOMMENDATION: City staff is recommending the appointment of 2 Council members to the South Grapevine Highway Corridor Joint Oversight Committee. Source of Funds: Bonds (GO/Rev.) Operating Budget Other _ )æ~ ILl Department Head Signatt1re Finance Review Account Number Sufficient Funds P\vallaDle Finance Dirèctor Page 1 of 1 >. CJ) Q) ..... ca ... .... t/) I,¡. o "Ð alllllll!ll ... ... o o .>. ca . -&..... !!.!!!I!I" .. % ... .. . fila·' 1:' .... 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(!) :; ::s o tn .!a I- Q) Q) z OJ ~ W .!!! ca ca .=.:: 0.. ::I III CJ Q) 0 ca >. > Q. c 0.. ~ ;:; 0 C III ca ~ ca ~ ... ~ w ê 2 c :¡:¡ - > ~ c ~ OJ W - 0 Q) c C - g ca '(;¡ .!! - æ: :J w :J - C 0 t/J OJ c 0 ::E: :=) Q) Q) ! c . IX E ca Q - a. -e c 0 c W 15 ... Q) ::) :>< ""') ~ E ~ .! ø ::I ã. IS - w C) -c ::I - oð C) ~ Z ... I- ~ or -c :E ~ ( ~. I- Z wc) ::Iz w- ~Q Q..z- ::I:=) -LI. c;oð Z - Z z -c ~ Q. c C .¡ E ca o r II." "0 C ¡ III C ca æ: - c Q) IS ~ ~ .§ .!æ JS cs: D. - C 'õ ""') III E e o u.. .s .I tit W 'ii & III ã ~ a. o OJ c :¡; C :J u.. ~ .- - ca ! o - c CD IS CD ~ 2 c w CD "0 o o - c .s III '(;¡ C o o c o I ·u o III ~ III III Q) C '(;¡ :J m INTERLOCAL AGREEMENT FOR SOUTH GRAPEVINE HIGHWAY CORRIDORS STRATEGY STATE OF TEXAS § § COUNTY OF TARRANT § The parties to this agreement are the cities of North Richland Hills ("NRH") and Richland Hills ("RH"), Texas, both of which are home rule Texas municipalities, acting pursuant to their respective charters and State law by and through their duly authorized representatives. WHEREAS, the City Councils of NRH and RH desire to enter into an undertaking to jointly promote the planning and implementation of measures for the revitalization of the South Grapevine Highway, South Rufe Snow and Glenview Corridors, which revitalization is a mutual concern, and which roadway corridors are located within both cities; WITNESSETH F or and in consideration of the mutual benefits to be derived from this undertaking, the parties hereto agree as follows: 1. An Oversight Committee for the identification and recommendation of funding efforts for the South Grapevine Highway Corridors Strategy is hereby established, to be composed of two (2) Councilmembers appointed by each of the two city parties hereto, and one (1) business person to be selected by the other committee members, for a total of five (5) members. Such committee members shall serve one-year terms, and may be reappointed. Such terms shall run from June 1st through May 31st. 2. A staff technical committee is hereby established to prepare agendas and provide technical and background assistance to the Oversight Committee. Such staff technical committee shall be composed of two or more staff members of one or both cities, as may be designated by each city party. 3. The document entitled South Grapevine Highways Corridor Strategy is hereby adopted as a planning document and implementation plan for revitalizing the South Grapevine Highway Corridor area. 4. The parties agree to undertake the following: I. Establishing Implementation Efforts The City Councils of the cities of North Richland Hills and Richland Hills hereby establish the following as the primary and highest priority for initial implementation efforts for the South Grapevine Highway Corridors Strategy: Joint Planning, IrrlPlementation and Funding Initiate a series of jointly sponsored real estate forums to educate developers, brokers and investors about development/redevelopment opportunities in the Corridors. Research creative funding options for urban revitalization. Encourage the formation of advocacy entities (e.g. business association, community development corporation, public improvement district, neighborhood association). Marketing and Image Enhancement Formulate a "branding" campaign for the Corridors, including name change, design elements and marketing materials. Develop joint public improvement plans for gateway areas and intersections. Encourage consistent code enforcement through the Interlocal Agreement. Encouraging Mixed Use Development Conduct a joint regulatory "diagnosis" to determine if current codes and standards will accommodate proposed development/redevelopment. Review and formulate a joint economic development incentives package for target marketing of the Corridors. Develop "pilot" project development implementation plans for key parcels in Corridors (activity centers) - Initiate Developer RFP process for selected proj ects. Formulate an Urban Housing Initiative to address housing opportunities in the Corridors, including needs assessment, product concepts, development economics, and public/private strategies. II. Review, Evaluation and Update of Agreement Recommendations on all South Grapevine Highway Corridors Strategy efforts will be the decision of the majority of the Joint Oversight Committee. Formal annual review and reprioritization of implementation efforts with a status report and funding recommendations shall occur in April of each year with a report to each City Council prior to each City's formal budget process. III. Commitment to Implementation of South Grapevine Highway Corridors Strategy The City Councils of the cities of North Richland Hills and Richland Hills are committed to the success of the South Grapevine Highway Corridors Strategy and pledge to: a. Encourage ongoing leadership and be focused and committed to seeing the project through to successful completion; b. Encourage ongoing simultaneous projects that represent enough "action" to ensure that there will be continuous success stories, even if funding fails or slows down for any given project; c. Seek out multiple shareholders, including public officials; public employees; business leaders; citizen participants; representatives from regional, state, and federal organizations; the media; and any organization which could playa role in the successful implementation of projects; d. Remove barriers and limitations that pose obstacles to implementation efforts, and look to "incentivize" rather than regulate projects; and e. Have ongoing communications and review for "benchmarking" efforts by monitoring trends; tracking indicators; providing information; and developing an annual report card. 5. Either party to this agreement may terminate its commitment hereto with thirty days written notice to the City Secretary of the other. 6. This agreement shall not commit either party to any expenditure of funds; such will require further action by each. AGREED this _ day of , 2004. CITY OF NORTH RICHLAND HILLS By: Larry J. Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney CITY OF RICHLAND HILLS By: Nelda Stroder, Mayor ATTEST: Terri Willis, City Secretary APPROVED AS TO FORM AND LEGALITY: Tim G. Sralla, Attorney , , CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: June 14, 2004 Subject:· Authorize City Manager to enter into an Agreement for Agenda Number: GN 2004-048 professional services with Kimley-Horn and Associates, Inc. . for the proposed Loop 820 Corridor Study - Resolution No. 2004-029 Identified in previous City Council planning sessions as being a high priority project and determined to be in the long term best interests of the City, this action item is presented to award a professional services contract for the preparation of our proposed Loop 820 Corridor Study. This planning study is to be prepared in anticipation of and in advance of the proposed widening/expansion of Loop 820 through the City of North Richland Hills. The proposed project will have a major impact on the landscape and land uses along the corridor. The purpose of the study is to prepare for these changes in a pro-active manner well in advance of the actual construction that is presently planned to begin in 2007. The additional right-of-way that is necessary to complete the project will have to come from adjacent property owners. By taking this right-of-way, many businesses and homes will be affected, some to the point that the land use will be lost. As a result, many of the land uses we see today along the corridor will change. The City's desire is to plan for these changes, and in fact, influence the new land usage to be of the highest quality and the most effective possible. Also of concern will be changes in traffic patterns along the corridor. Ingress, egress, and overall access in and around Loop 820 will be modified as the construction begins and as land uses change. The City also desires to plan early for these cManges to ensure that all of our traffic challenges will be met. A staff committee of six (6) members was recently formed to review proposals by various consultants interested in preparing this planning study for the City. After advertising a formal request for proposals, staff received six (6) such proposals from the following firms: HOK Engineering, Kimley-Horn and Associates, HNTB Engineering, Freese & Nichols Engineering, SEC Planning Consultants and Halff Associates. After a thorough review and ranking process, the committee invited the three (3) highest scoring consultants to make formal presentations to staff. Each of the firms arrived with their intended work teams and made extremely professional presentations all utilizing various visual materials. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Fu dSAvallaDle Finance Director Page 1 of -ª- .. CITY OF NORTH RICHLAND HILLS "-- The presentations were very impressive, but only one firm could be selected for the negotiation of a contract. This made the final recommendation a very difficult task. The final outcome, after further scoring and ranking, was that Kimley-Horn and Associates was the consulting firm chosen. The negotiation process with representatives of Kimley-Horn has been quite intensive. There was need to fine tune the scope of services from the broad based language originally used in the RFP. The price was then to be determined based on the specific scope of work. The initial price quote was quite high and beyond the budgetary ability of the City. After additional modifications and price reductions, staff agreed the proposed scope of service will be sufficient to produce a quality planning document serving the intentions of the proposed program. The following is a summary of the scope of services currently found in the attached, proposed professional services agreement: · Stakeholder and Policy Maker Workshops - Two (2) meetings with the public (property owners, business owners, and developers) and two (2) meetings with each of TxDOT, Planning & Zoning Commission and the City Council are also planned. Presentation materials and mapping will be provided at these meetings as we seek to gain input from residents, both those directly affected and those citizens in the community only marginally affected. There will be a total of eight (8) meetings held with those various groups. · Team Meetings - A maximum of five (5) face to face meetings with staff and five (5) conference calls to receive direction for the project and to discuss project status. · Background Analysis - Conduct inventory and land use analysis of the defined project area to include various mapping technologies. · Land Use Plan - A comprehensive plan including all design and image concepts, also to include mapping. The intention is to identify and define potential transition areas, identify opportunities for mixed uses, recommend highest and best uses, recommend future land use categories and locations, and focus on gateways and intersections within the study area. · Traffic and Access Management Plan - Provide strategies for maximizing future freeway access points, plans to minimize curb cuts through shared access plans, plans to maximize visibility of businesses along the corridor, traffic design recommendations, and investigations of multi-modal transportation activities. · Mass Transit Investigation - A study of the feasibility of locating commuter rail stations in the corridor and provide a strategy to link rails to businesses and neighborhoods. · Draft Report/Final Report- Twenty (20) copies of each. Report is to be complete within nine (9) months of authorization. r CITY COUNCIL ACTION ITEM PaQe 2 of 3 CITY OF NORTH RICHLAND HILLS '--- The negotiated cost of the proposed Loop 820 Corridor Study is $150,000. The intended funding source is $100,000 - currently budgeted, $25,000 - savings from the cancellation of the NE Job Access Program, and the remaining $25,000 - budgeted in FY 2004-2005 Operations Budget. Staff has been working diligently over the past few months to identify any potential outside grant funding source to potentially help offset the costs to the City. At this time there are no sources of funding identified, nor do we seé there being any possible in the immediate future. As a result, staff recommends that we be given the authorization to proceed with the proposed study. Staff's interest is to complete the study prior to the· final plans being prepared by the Texas Department of Transportation. This becomes especially important in case there are any recommended changes by the City to the design being prepared by the State. Mr. Kurt Schulte, Project Manager of Kimley-Horn Associates, Inc., will be attending the City Council meeting. Recommendation: Approval of Resolution No. 2004-029 [ CITY COUNCIL ACTION ITEM PaQe 3 of 3 RESOLUTION NO. 2004-029 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ON THIS 14TH DAY OF JUNE, 2004 THAT: The City Manager is hereby authorized to execute a professional services agreement with Kimley-Horn and Associates, Inc. for the preparation of the Loop 820 Corridor Study. Passed and approved this 14TH day of June, 2004. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, Attorney for the City ~=~ Kimley-Horn and Associates, Inc. April 6, 2004 . Suite 1800 12700 Perk Central Drive Dallas, Texas 75251 Mr. Richard Torres Assistant City Manager City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76182-0609 Re: Proposal for professional services for a corridor study along Loop 820. Dear Richard: Kimley-Horn and Associates, Inc. ("KHA" or "the Consultant") is pleased to submit this letter agreement (the "Agreement") °to the City of North Richland Hills ("the Client") for providing a corridor study for Loop 820. Our project understanding, scope of services, schedule, and fee are below. Project Understanding The City of North Richland Hills is conducting a study that establishes a vision and plan for the Loop 820 corridor that captures the highest and best land uses for the City and local business. In addition, the City is interested in taking advantage of transportation expansion projects and regional rail activities that are occurring in the corridor. And, as part of this scope of services concepts for urban design, transition areas, and redevelopment opportunities will be recommended. The following scope of services will provide the City of North Richland Hills with specific activities and deliverables associated with the Loop 820 Corridor Study. The study limits are approximately from western city limits along Loop 820 to the eastern City limits near the interchange with Loop 820 and SH 121. Most of the land use activity will occur within V4 mile of the Loop 820 corridor however, there may be limited land use and thoroughfare activity that will require the team to venture outside of the 1;4 mile buffer. Scope of Services 1) Team Meetings and Project Management The Consultant will review the project schedule and prepare monthly progress reports for review by the Contract Manager. Invoices for all work completed during the period will be submitted monthly for work perfonned by the Consultant and all Subconsultants. . TEL 972 770 1300 !:AV n"1f) I)lJn 1J"I)n ~=~ Kimley-Horn and Associates, Inc. Mr. Richard Torres, April 6, 2004, Pg. 2 Deliverables . Monthly invoice and progress report . Schedule. (10 copies) a) Team Management and Meetings The Consultant will prepare subcontracts for Sub consultant, monitor Sub consultant staff activities and adherence to schedules, and review and recommend approval of Subconsultant invoices. Also, the Consultant will schedule and participate in meetings through the project. A maximum of five (5) face to face meetings and five (5) conference call meetings will be conducted. 2) Background analysis a) Conduct inventory of properties The team will collect information along the corridor to include ownership information, property values and property boundaries. b) Land use analysis The team will conduct a land use analysis to include land use patterns and impact of loop 820 expansion project. Current land uses will be mapped and planned right-of-way limits will be established and evaluated. Deliverables: . Current conditions base maps both large scale and 11X17 3) Land use plan for the 820 corridor a) Provide concepts and vision for the corridor The team working through the City staff will establish guiding principles for the corridor to clearly define the vision for the corridor. b) Identify and define potential transition areas Working with City staff in the corridor, the team will provide transition opportunities and options, which will include transitioning of public facilities to other appropriate locations. Pros and cons of each transition will be provided in report. c) Identify opportunities for mixed use areas The team will identify opportunities for mixed use areas. These areas will be defined and mapped and could include associated urban design concepts and general development layouts. d) Recommend highest and best uses The team will establish the highest and best use of the freeway frontage based on information gathered in the background analysis. e) Recommend future land use categories Once the overall vision is established, transition and mixed use areas are defined, a future land use map will be established which will include future land use categories. This process will also entail the identification of potential unique retail zones and their likely characteristics. n.\TPTf"\\-:tPl1TII1H'\NRH\T nnn R20 Contract.doc ~=~ Kimley-Horn and Associates, Inc. Mr. Richard Torres, April 6, 2004, Pg. 3 f) Provide design and image concepts for gateways and intersections to include: A) Architectural standards B) Sign standards C) Lighting standards D) Landscape and streetscape requirements E) Right of way and street standards F) Buffering both single use residential and commercial areas G) Compatibility and connectivity design standards for mixed use areas Deliverables: · Written vision concepts (guiding principles) · Design and image framework plan, land use plan (includes drawings, sketches and design requirements) · Future Land Use Plan Graphic for Loop 820 4) Stakeholder and Council Workshops A critical element for any redevelopment effort needs to include stakeholder involvement. List below are those necessary ingredients: a) Stakeholder meetings (advisory committee) At critical milestones two (2) stakeholder workshops will be conducted. This task will include preparation and facilitation of each meeting. All advertisements and or mail outs will be the responsibility of the City. The consultants will provide background information and technical materials and a stakeholder list. These workshops should include property owners, business owners, developers, TxDOT, City staff and elected and appointed officials. b) City Council / P&Z meetings Two (2) formal council and two (2) P&Z meetings will be attended. c) TxDOT meetings Two (2) meetings will be established with TxDOT to discuss Loop 820 design issues. Deliverables: . Presentation materials for workshops (power point, graphics) 5) Traffic and Access Management Plan a) Provide strategies for maximizing future freeway access points This task involves reviewing the information from Task 2 "Background Analysis" and evaluating the potential of providing additional freeway access points. This will require some basic geometric design consideration and the development of design concepts. It also involves developing strategies for requesting changes to TxDOT plans, if any. b) Provide plans to minimize curb cuts through shared access plans This task will require the team to develop corridor specific access management techniques. These concepts will establish policy ro.\.,..nTI',,\,..,t::'TT'T'TTDt:'\~TDU\T n"...... Q')n rnn~,.t nn,. ~=~ ---~----- Kimley-Horn and Associates, Inc. Mr. Richard Torres, April 6, 2004, Pg. 4 considerations such as driveway spacing, driveway design, shared access and cross access, access point determination and local access roads. c) Provide recommendations to maximize visibility of businesses along the freeway frontage This task will require the team to assess the vertical design of the TxDOT expansion plans and construction phasing plans as they are developed to maximize visibility. d) Provide traffic design recommendations including: Intersection improvements, signalization improvements This task will involve evaluating the TxDOT expansion plans and identifying potential cross street arterial operational issues resulting from the expansion. The team will collect available traffic data .and simulate using appropriate software the traffic and signal operational issues in the corridor. A maximum of six (6) intersections will be evaluated (PM Peak) for pre and post-development scenarios. e) Investigation of multi-modal transportation activities The team will track the progress of any HOV and or managed facility option being explored by NTTA and TxDOT and report finings. If necessary, the team will work with the appropriate agencies to assure reasonable access to the City streets is considered. Deliverables: . Corridor Access plan (graphic and written design guidelines) 6) Mass Transit Investigation a) Study feasibility of locating a commuter rail station at Industrial Boulevard intersection. The team will collect information on the regional rail initiatives and meet with the appropriate agencies to identify potential rail station locations for the City. The team will develop conceptual alignments and work with the local transit agencies to consider our recommendations. Maximum of two (2) meetings will be attended. b) Provide strategies to link rail station to businesses and neighborhoods The team will investigate strategies to link the surrounding neighborhood and retail and commercial uses in the area. Opportunities such as providing trails, local bus circulars, and pedestrian and bicycle amenities will be explored as ways to provide access to the station. In addition, transit oriented development (TOD) facilities will be explored to further encourage people to walk from bus stops to pedestrian-scale developments along the corridor. Some TOD design concepts usually include building fronts close to the sidewalks (with parking in the back of the buildings) and a mix of retail, commercial, residential, and civic uses. n·ITPTnl WI Tll JRE\NRH\Loop 820 Contract.doc ~=~ Kimley-Horn and Associates, Inc. Mr. Richard Torres, April 6, 2004, Pg. 5 Deliverables: . One TOD concept plan as part of land use plan 7) Final Report a) Develop final report The team will develop both a draft and final report. The report will contain information developed throughout the study process. We will provide twenty (20) color copies of both the draft and final report. Deliverables: · Draft report 20 copies · Final report 20 copies · Digital copies of report and graphics for all sections Services Not Included · Additional meetings or workShops outside of the scope · Detailed demographic forecast · Detailed marketing plan Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the CITY. Information Provided By Client The following information shall be provided by the Client. · TxDOT schematic design plans · Property boundaries with owner information · Current land use plans · Zoning code · Subdivision ordinance Schedule We will provide our services within a nine (9) month time frame. Fee and Billing KHA will perform the services described in the Scope of Services for a lump sum fee of $150,000. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based upon the percentage of services completed as of the invoice date. Payment will be due within 25 days of the date ofthe invoice. r.·\T1>TnQpTTTTlRPINRHIT non R20 Contract.doc ~=~ ,,-~. ..... --"'-~-"'--"--'~'--'-~-'''_.~'~'~"",. Kimley-Horn and Associates, Inc. Mr. Richard Torres, April 6, 2004, Pg. 6 Closure In addition to the matters set forth herein, our Agreement shall include and be , subject to, and only to, the tenns and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the tenn "the Consultant" shall refer to Kimley-Hom and Associates, Inc., and the tenn "the Client" shall refer to the City of North Richland Hills. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of the attached Professional Services Agreement, retain one copy and return the other to me. This proposal is valid for sixty (60) days after the date of this letter. We are prepared to proceed immediately upon receiving a signed copy of the Agreement. We appreciate the opportunity to provide these services to you and the City of North Richland Hills. Please do not hesitate to call if you have any questions or comments. Very truly yours, Kim/ey-Horn and Associates, ·/nc. ~J-~ Kurt J. Schulte, AICP Project Manager Attachment - Standard Provisions (;'\TPTO\ '1FT Tn TRE\NRH\LooD 820 Contract.doc Agreed to this 26nd day of April, 2004. City of North Richland Hills By: Mr. Richard Torres, April 6, 2004, Pg. 7 Signature Typed of printed name and title ,.... ''T''nIT'''\''T":''fT'T'Tmr\1t.TnTT\T ......._ 0.,,, ("1",...........",+ ti".... KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services") hereunder. (2) Client's Responsibilities In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete. authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. ( e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities of the Client. (3) Period of Services Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of conditions pennitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), the rates of compensation provided for in this Agreement shall be renegotiated. (4) Compensation for Additional Services Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, and graphics, etc., will be billed at $25.00 per hour. (5) Method of Payment Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred, Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to sales tax. Interest will be added to accounts not paid within 25 days at 12% per annum beginning on the 25th day. The Consultant shall be compensated in U.S. dollars. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services under this Agreement until all amounts due are paid in full. (b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. (c) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (6) Use of Documents All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement. They are not intended or represented to be suitable for partial use or reuse by the Client or others on extensions of this project or on any nthp.T nm; p.ct A nv modifications made bv the Client to any of the Consultant's documents, or any partial use or reuse of the -_--.....~~_~_o_"~..,__'_'".,_.~_'_,.___._"______.. documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harTIÙess from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefròm. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without authorization of the data's creator, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the .data transferred. (7) Opinions of Cost Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (8) Termination The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed. (9) Insurance The Consultant is protected by Workers' Compensation insurance, professional liability insurance, and general liability insurance and will exchange certificates of insurance upon request. If the Client directs the Consultant to obtain increased insurance coverage, or if the nature of the Consultant's activities requires additional insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (10) Liability In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. To the fullest extent of the law, and notwithstanding any other provisions of this Agreement, the total liability, in the aggregate of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. (11) Certifications The Consultant shall not be required to execute any certifications or other documents that might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its insurance. (12) Expenses of Litigation If litigation or arbitration related to the services performed is initiated against the Consultant by the Client, its contractors, or subcontractors, and such proceeding concludes with the entry of a judgment or award favorable to the Consultant, the Client shall reimburse the Consultant its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceeding. Such expenses shall include the cost, determined at the Consultant's normal hourly billing rates, of the time devoted to the proceedings by the Consultant's employees. (13) Dispute Resolution All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Hazardous Substances and Conditions ( a) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant to perform any services or to make any determinations involving hazardous substances or conditions, as defmed by federal or state law. If such services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and tenns for such services. (c) Except to the extent of negligence, if any; on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or enviÌ"onmentalliability of any nature, in any manner related to services of the Consultant. (15) Construction Phase Services (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide ·the Client a greater degree of confidence that the completed work of its contractors will generally conform to the conStruction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indenmify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (16) Assignment and Subcontracting This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. Neither the Client nor the Consultant shall assign or transfer any rights under or interest in this Agreement without the written consent of the other. However, the Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions This Agreement is to be governed by the law of the State of Texas. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. This Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional tenns on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 6/14/04 Subject: Appointment of Municipal Court Judqe and Alternate - Judges and Establish a Salary for Such Term Agenda Number: GN 2004-045 The City Council will discuss the appointment of Municipal Court Judge and Alternate ~udges during Executive Session. Recommendation: Council's recommendation will be discussed ,in Executiye Session and any action needed will be taken in the open meeting of the regular City Council meeting. Source of Funds: Bonds (GO/Rev.) Operating Budget \ Other Finance Review Account Number Sufficient Funds AvallaDle Finance Director Department Head Signature ~!~ Page 1 of -1.. CITY OF NORTH RICHLAND HILLS k Department: Administration Council Meeting Date: 6/14/04 Subject: Appointment of City Attornev and Approval of Contract - Resolution No. 2004-038 Agenda Number: PU 2004-029 The City Council will discuss the appointment and contract for the City Attorney during Executive Session. Recommendation: Council's recommendation will be discussed in Executive Session and any action needed will be taken in the open meeting of the regular City Council meeting. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle Department Head Signature Finance Director Page 1 of -1. -.; CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: June 14, 2004 Subject: Appointment of City Attorney and Approval of Contract - Agenda Number: PU 2004-029 Resolution No. 2004-038 In January 2002, after having received proposals from various law firms to provide legal services for the City of North Richland Hills, Mayor Charles Scoma appointed George Staples of the firm Taylor, Olson, Adkins, Sralla & Elam, L.L.P. as City Attorney. The City Council approved this and also approved a contract with this firm. The contract with the law firm was for two years and is continued on a month to month basis thereafter. The City Charter provides that the Mayor shall appoint and remove the City Attorney with approval of a two-thirds majority of the City Council. Mayor Trevino is recommending the appointment of George Staples as City Attorney. This will be placed as a discussion item and consideration in Executive Session on June 14, 2004. Also for Council consideration is approval of a legal services contract with the firm of Taylor, Olson, Adkins, Sralla & Elam, L.L.P. for ."is compensatioh. The contract contains the same terms as the two year contract entered into in January 2002. Hourly rates are unchanged from 2002. These include $140 per hour for general legal services and $160 per hour for litigation services. Currently office hours are provided at City Hall on the basis of 12 hours weekly on Monday and Thursday afternoons and Tuesday mornings. The City staff and City Council have the ability to increase or decrease the hours provided at City Hall. We believe that the current level of hours is very adequate at this time and would not anticipate anything of any sighificance in the foreseeable future, as far as "in office" hours at City Hall. The City Attorney attends all meetings of the City Council, prepares ordinances and resolutions and other contract documents, as well as advises City staff on items related to legal procedures and compliance with state and federal laws. The City Attorney also provides representation for the City on an~ litigation. Considerable progress has been made toward reducing the number of cases against the City. In May 2003, there were 13 cases pending; at this time there remain only 2 cases pending that are being handled by Mr. Staples. The other outstanding case is being handled by Bettye Lynn, and that case was in progress prior to the time of Mr. Staples being employed. Recommendation: To approve Resolution No. 2004-038. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle Finance Director Department Head Signature Page 1 of 2 4 6 8 10 12 14 16 18 20 ., 24 26 28 30 32 34 36 38 40 RESOLUTION NO. 2004-038 WHEREAS, the Mayor has appointed George Staples as City Attorney pursuant to Article VI, Section 6, of the North Richland Hills Charter; and WHEREAS, the City Council desires to approve such appointment and to extend the tenn of the contract between the City and the finn of Taylor, Olson, Adkins, Sralla & Elam, L.L.P.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City Council ofthe City of North Richland Hills hereby approves the appointment by the Mayor of George Staples as City Attorney for the City. Section 2: The contract for legal services by the finn of Taylor, Olson, Adkins, Sralla & Elam, L.L.P., is hereby approved. AND IT IS SO RESOLVED Passed on the 14th day of June, 2004. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Reso1ut n No. 2004-038 Page 1 2 2 4 6 APPROVED AS TO CONTENT: Larry Cunningham, City Manager Resolut n No. 2004-038 Page 2 2 PROFESSIONAL SERVICES CONTRACT THIS PROFESSIONAL SERVICES CONTRACT ("Agreement") is made and entered into this, the _ day of June, 2004 by and between the CITY OF NORTH RICHLAND HILLS ("City") and Taylor, Olson, Adkins, Sralla & E1am, L.L.P. ("Law Firm"). WITNESSETH WHEREAS, George Staples has been appointed City Attorney as provided by the Charter of the City of North Rich1and Hills, and is a member of the Law Firm and this document is intended to memorialize the terms of compensation and service for such office; NOW, THEREFORE, the City and the Law Firm, for and in consideration of the terms hereinafter established, have agreed, and do hereby agree, as follows: I. Term 1.1 Term. The City Council, by and on behalf of the City, does hereby retain the Law Firm, and the Law Firm does herel---. accept engagement by the City for a term of two (2) years commencing on July 1, 2004 and ending on June 30, 2001._.n1ess sooner terminated pursuant to the terms of this Agreement; provided, however, the term of this Agreement shall automatically be extended on a month-to-month basis at the end of the original term unless, prior to the end of the original term, either the City or the Law Firm gives at least thirty (30) days prior written notice to the other party of its desire to end the term of this Agreement. II. Engagement 2.1 Duties. The Law Firm and its member, including George Staples, shall faithfully perform the duties assigned to Law Firm by the City Councilor the City Manager in compliance with the City Charter, and shall comply with all applicable and lawfully permissible City, state and federa11aws, ordinances, resolutions, orders, directives, policies, rules, and regulations as they exist or may hereafter be amended and the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure, as amended (collectively referred to hereinafter as the "Ethical Rules") applicable to the State Bar of Texas. The Law Firm shall provide all1ega1 services required and complying with the terms of this Agreement, including, but not limited to, (i) advising and consulting with City Staff and elected officials, as directed by the City Council and/or its designated representative, (ii) reviewing, revising and approving all proposed ordinances and resolutions prepared by City Staff, the Mayor and/or City Council, (iii) researching and drafting ordinances and resolutions on request ofthe City Council, Mayor and/or its designated representative, (iv) reviewing, recommending changes and/or approving proposed all City contracts and agreements referred to Law Firm by the City Council and/or its designated representative, (v) researching and PROFESSIONAL SERVICES CONTRACT P Ar~ 1 OF 8 r---.,aring documents and instruments of conveyance of real and personal property to or from the City on 1,,---..lest on the Mayor, City Council and/or its designated representative, (vi) attendance at all City Council Meetings, regular and special, unless excused by the City Council and/or its designated representative, (vii) attendance at other meetings of staff, boards, and/or commissions of the City on request of the City Council and/or its designated representative, (viii) in coordination with the City Manager and Human Resources Director of City, providing advice and counsel to the Civil Service Commission on cases brought to the Commission, (ix) advising and consulting with the City Secretary concerning the application of Texas and Federal election laws, regulations, rules and rulings affecting the administration and conduct of election by the City, (x) other general legal services to the City Staff and departments of the City as directed by the City Council and/or its designated representative, (xi) representation of the City and the employees and officials of the City in all Litigation (defined below) referred to Law Firm by action ofthe City Councilor direction of its designated representative, (xii) consultation and advice, as requested by the City Council and/or its designated representative, with other attorneys which may be engaged by the City to represent the City on complex, novel, unique or other matters determined by the City Council in sole discretion, and (xiii) all related duties required by the Ethical Rules. The Law Firm shall maintain sufficient qualification, knowledge and expertise to perform the foregoing duties, and to advise the City in connection with the administration and implementation of: (1) zoning, platting and land use laws, (2) effective code enforcement, (3) removal of substandard structures and non-conforming uses, (4) civil rights issues and litigation, and (5) the application of the Texas Open Records Act and the Texas Open Meetings Act. The attorneys of the Law Firm will u,se their skill and diligence, as well as their experience in the legal profession in representation of the City. Unless and until the City Council shall otherwise expressly notify the Law Firm in writing, the City Manager and the Mayor are each hereby designated representatives of the City for the purposes ofthis Agreement only, and each representative is authoriz"ed to act in such capacity without the assent or joinder of the other. In the case of any ambiguous or conflicting instructions from the designated representatives, if the assent of both designated representatives cannot be obtained, the Law Firm y require the instruction to be clarified by the City Council. 2.2 Availability of Law Firm and Designated Attorney. The Law Firm agrees to designate in writing in advance the number of hours each week when one or more of its approved attorneys will be available to the City Council and City Manager for consultation and advice on City legal matters. Such designation shall include and a reasonable number of hours, on reasonable availability, to perform all of the other duties and functions assigned to Law Firm under and pursuant to the terms of this Agreement. All such designation(s) of availability shall be immediately delivered to the City Secretary. Provided that the requirements for designation of hours of availability comply with the provisions of this Agreement, Law Firm shall be entitled to modify the designation of his availability by giving prior notice thereof to the City Manager. Unless otherwise agreed by the City Council, Law Firm shall staff the attorneys office in the City Hall with one or more of Law Firm's attorneys to provide legal services to the City up to twenty (20) hours for each week the City Hall is open, actual hours to be determined or changed through consultation between the designated attorney and the City's designated representative. Without the express prior approval of the City, the Law Firm wi11limit the activities of its attorneys at the attorneys office in the City Hall to the consultation, advice and representation of the City. In addition to such twenty hours of resident City Hall office time, the designated attorney (defined below) shall (unless excused pursuant to the express terms of this Agreement) PROFESSIONAL SERVICES CONTRACT PAGE 2 OF 8 att -1 all meetings, regular and special, of the City Council. An attorney of the Law Firm shall be designated ("t.-....ignated attorney") to be the primary contact and liaison between the City and the Law Firm. The initial designated attorney is George Staples. The designated attorney may be changed at any time upon the mutual agreement of Law Firm and the City Council. In the event of the illness or reasonably unavoidable unavailability of the designated attorney, an attorney designated by Law Firm acceptable to the City may temporarily perform the duties of the designated attorney during hislher unavailability. 2.3 City Council Meetings. The designated attorney of Law Firm shall attend all public meetings of the City Council. The designated attorney of Law Firm shall also attend all closed meetings of the City Council, with the exception of such other matters where the City Council deems that the designated attorney's presence is not necessary or desirable. 2.4 Criticisms, Complaints, and Suggestions. The City Council, individually and collectively, shall refer to the Law Firm all material and substantive criticisms, complaints, and suggestions regarding the Law Firm and its duties under this Agreement which are called to the City Council's attention for study and appropriate action, and the Law Firm shall investigate such matters and inform the City Council of the results of such efforts. 2.5 Professional Certification. The designated attorney and all other attorneys of Law Firm performing services under this Agreement shall at times during the term of this Agreement hold and maintain a valid license to practice in all courts of the State of Texas and a valid and current license from the State Bar of Texas. 2.6 Outside Legal Activities of Law Firm. Subject to and on compliance with the conditions set forth below, the Law Firm may represent persons and entities other than the City on matters which are unrelated to the Law F ,'s representation of the City and the duties of Law Firm under this Agreement ("outside clients"); provided, h,,- èver, without the express prior written authorization and consent of the City Council, such outside representation shall be subject to and performed in accordance with the following terms and conditions the representation of such outside clients shall not: (i) create a conflict of interest with Law Firm's representation of the City, (ii) be likely to create a conflict of interest in the future legal matters involving the City, (iii) result in, or be likely to result in, a duty of Law Firm to withdraw or provide written disclosure to or obtain consent from the City or such outside client(s) regarding such representation or the future representation of the City and its employees and officials with respect to official City business and actions. Law Firm agrees not to represent current elected officials, appointed officials and employees of the City without the written consent of the City and the compliance the applicable Ethical Rules. For the purposes of Section 1.10 of the Ethical Rules, Law Firm shall be deemed to be a public officer during the term of this Agreement. III. Compensation and Expenses 3.1 Fees for Standard Agreement Matters. The City shall not provide the Law Firm with, and the Law Firm shall not require, a monthly or annual retainer. The total compensation for the Law Firm will be based on the number of hours or portion thereof which its attorneys have expended in performing its duties under this Agreement at the rate of $140.00 PROFESSIONAL SERVICES CONTRACT 1 JE 3 OF 8 per hour, excluding the representation of City in Litigation (as defined below) and Prosecution (as defined below). 3.2 Fees for Prosecution and Municipal Court. Although this Agreement does not currently provide for the Law Firm to provide services in the prosecution of cases on behalf of City in municipal court ("Prosecution"), in the event such services are requested by the City Councilor its designated representative in a single case or in multiple cases, Law Firm agrees to provide such Prosecution services at the rate of$115.00 per hour, including time for courtroom appearances and actual trial and hearing matters, and the time included in such prosecution matters will be excluded from the time billed for standard agreement matters under Section 3.1 above and all Litigation matters. 3.3 Litigation Fees. With respect to litigation, court proceedings, arbitration proceedings, mediation proceedings and all other formal hearings adjudicating or determining any interest of the City before any State or Federal agency, board, commission or political subdivision other than and excluding Prosecution (collectively referred to as "Litigation") in which the Law Firm represents the City, the time the Law Firm devotes exclusively to such Litigation, to the extent not included in the other duties of Law Firm described above, will be billed to the City at the rate of$160.00 per hour, including time for court room appearances and actual trial and hearing matters. . 3.4 Time and Billing. Statements reflecting billings for standard agreement matters, Prosecution and Litigation services respectively will be in writing given monthly to the City for time rendered in the previous month, covering services rendered as well as disbursements of reimbursable charges and out of pocket expenses incurred bv T .aw Firm in connection with such matters. Such reimbursable expenses, disbursements and charges may i:.._ lde but not be limited to long distance telephone charges, special postage, delivery charges, facsimile transmission charges, travel, photocopying, filing fees and the use of other service providers such as printers or experts, if needed, but only to the extent not paid for directly or otherwise provided directly or reimbursed by the City. Amounts due and owing to the Law Firm under this Agreement shall be due and payable on or before thirty (30) days after the City's receipt of the statement reflecting such billings in accordance with this Agreement. 3.5 No Employment. Law Firm is an independent contractor of the City, and no designated attorney, or other attorney, employee or agent of Law Firm shall be or be deemed an employee of the City. 3.6 Professional Development. City will not pay for or reimburse Law Finn for reasonable transportation, lodging or tuition expenses to attend required continuing legal education seminars in the State of Texas, and other seminars, courses or meetings approved in advance by the City, unless otherwise approved in advance. 3.7 Expenses. (a) Law Library The City may have previously budgeted and expended funds to acquire and maintain a small reference law library in the Attorney's office. All such law library materials heretofore or hereafter purchased or acquired with funds of PROFESSIONAL SERVICES CONTRACT 1 ;E 4 OF 8 the City shall remain with the City at the conclusion of this Agreement. All law library materials heretofore or hereafter purchased or acquired with Law Firm's funds which have not been reimbursed by the City shall remain with the Law Firm at the conclusion of this Agreement. (b) Office. DuringJhe term ofthis Agreement, the City shall furnish Law Firm with an office with furnishings of comparable quality, quantity and size to those currently provided by the City to the previous attorney for the City; provided, however that the Law Firm agrees not to meet with or receive visitors or clients in such City office(s) other than those persons involved in the performance of the services to the City as provided in this Agreement. The City shall furnish the office with a computer with word processing and internet access and a telephone with the standard City extension for the use by Law Firm in performing his duties under this Agreement. The Law Firm agrees to limit its use of the office, computer and telephone to the subject matter of this Agreement and other professional legal services of the Law Firm to its clients. The Law Firm further agrees to take reasonable efforts to limit use of the City office and facilities to City matters. The Law Firm shall bear the cost and expense of all telephone charges and the performance of other professional legal business of the Law Firm. The Law Firm shall bear the cost and expenses of the City incurred by Law Firm for matters not directly related to the performance of its duties to the City under this Agreement. In the event such calls or expenses have been incurred by Law Finn, Law Firm shall, upon request of the City Manager, reimburse the City for any and all such non-City calls and expenses. ( c) Other expenses. The City shall pay to or reimburse the Law Firm for reasonable, necessary, actual and customary expenses incurred for the exclusive benefit ofthe City by the Law Firm in the continuing performance of Law Firm's duties to the City under this Agreement in accordance with reasonable policies adopted by the City Council. These disbursements and charges may include, but are not limited to, deposits for costs of court, expenses of taking depositions, other court reporter fees, long distance telephone charges, special postage, delivery charges, telex or telecopy charges, travel expenses, photocopying charges, use of other service providers such as printers, experts, specially licensed or qualified co-counsel, if needed, and other reasonable fees and expenses which are necessary in representation of the City. Except for specialized or significant word processing services requiring overtime staff or additional or outside resources, the Law Firm will not make a separate charge for word processing work. 3.8 Indemnification. ATTORNEY SHALL DEFEND, SAVE HARMLESS AND INDEMNIFY CITY AGAINST ANY CLAIMS, DEMANDS, ACTIONS, DAMAGES, COSTS, EXPENSES AND DAMAGES IN ANY CAUSE OF ACTION, SillT IN EQUITY, OR ARBITRATION PROCEEDING, WHETHER ARISING UNDER STATUTE, CONSTITUTION, CONTRACT, TORT, PROFESSIONAL LIABILITY OR OTHER LEGAL CAUSE OF ACTION, WHETHER GROUNDLESS OR OTHERWISE, AND ARISING OUT OF THE ATTORNEY'S CURRENT OR PRIOR REPRESENTATION OF ANY OUTSIDE CLIENT NOT IN THE EXPRESS COURSE AND SCOPE OF THE REPRESENTATION OF THE CITY'S INTERESTS UNDER THE TERMS OF THIS CONTRACT. PROFESSIONAL SERVICES CONTRACT PAGE 5 OF 8 IV. Termination of Agreement 4.1 Mutual Agreement. This Agreement shall be terminated by the mutual agreement of the Law Firm and the City Council in writing, upon such terms and conditions as may be mutually agreed upon. 4.2 Termination by the City for Good Cause. The City Council may terminate this Agreement and dismiss the Law Firm immediately and without further notice during the term of this Agreement for good cause. The tenn "good cause" is defined as follows: (a) Failure to fulfill the material duties or responsibilities of the Law Firm as set forth under the terms and conditions of this Agreement; (b) Failure to make reasonable efforts to comply with lawful, reasonable written City Council directives; (c) Failure to comply with reasonable, lawfully permitted policies; (d) Material neglect of duties; ( e) Conviction of a felony or crime involving moral turpitude; (f) Conscious misrepresentation of material facts to tjhe City Councilor other City Officials in the conduct of the City's business; (g) Determination ofthe City either that the acts, practices, policies and/or advice of the Law Firm is incompatible or inconsistent with the goals, objectives or policies of the City, or that it lost confidence in the Law Firm' and/or (h)'-- Violation of any of the Ethical Rules. Notwithstanding anything to the contrary above, "cause" or "good cause" shall not be deemed to exist with respect to Sections 4.1(a) and (c) above (but only if the same is curable), unless and until such failure has not been reasonably cured or remediated within ten (10) days after written notice thereof to Law Firm; provided that such notice and cure provisions shall not apply when the Law Firm has failed or refused to comply with express prior instructions of the City and/or where such matter is not reasonably curable; and further provided that Law Firm shall be entitled to only one such notice with respect to the same failure. 4.2 Termination by the Law Firm for Good Cause. Subject to the application of any Ethical Rules, at any time during the term hereof the Law Firm may terminate this Agreement immediately and without further notice during the tenn of this Agreement in the event the City fails and refuses to pay when due any sum due to Law Firm hereunder and such amount remains unpaid fifteen (15) days after written notice thereof from Law Finn to the City. 4.3 Termination Without Cause After Original Term. The Law Finn or City Council may terminate this Agreement at any time during after the end of the original term by PROFESSIONAL SERVICES CONTRACT p Þ ~"S 6 OF 8 gi 6 thirty (30) days written notice to the other party; provided, however, that in the event of termination of this Agreement by Law Finn, Law Firm shall comply with any applicable Ethical Rules and requirements of the court in which Litigation is pending, if any, relating to Litigation, if any, and any other open files. Article V. Miscellaneous 5.1 Controlling Law. This Agreement shall be governed by the laws of the State of Texas and shall be performable in Tarrant County, Texas, unless otherwise provided by law. 5.2 Complete Agreement. This Agreement embodies the entire agreement between the parties hereto and cannot be varied except by written agreement of the undersigned parties, except as expressly provided herein. 5.3 Conflicts. In the event of any conflict between the terms, conditions and provisions of this Agreement and the provisions of the City's policies, or any pennissive state or federal law , then, unless otherwise prohibited by law, the tenns of this Agreement shall take precedence over the contrary provisions of the City's policies or any such pennissive law during the term ofthe Agreement. 5.4 Savings Clause. In the event anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. All existing agreements and contracts, both verbal and written, between the parties hereto regarding the engagement of the Law Firm have been superseded by this Agreement, and this Agreement constitutes the entire agreement between the parties unless amended pursuant to the tenns of this Agreement. 5.'- Venue and Merger. By signing this Agreement, the parties agree that: (i) any and all suits based on any breach of this Agreement must be instituted and maintained in any court of competent jurisdiction in Tarrant County, Texas; and (ii) this Agreement constitutes the sole and only agreement between the City and Law Finn and supercedes any prior understandings, whether oral or written, between the Finn and the City regarding the subject matter of this Agreement. 5.6 Legal Effect. This Agreement shall be binding upon and inure to the benefit of the legal representatives, heirs, successors and assigns of the respective parties hereto. 5.7 Notices. All notices permitted or required pursuant to the tenns ofthis Agreement shall be in writing and shall be deemed given three (3) days after the same is sent by certified mail to the addresses indicated herein of the parties hereto or to such other address or addresses as shall be designated in writing by the other party, or on receipt if hand delivered to the other party. 5.8 Required Disclosure. Texas law requires that all attorneys provide their clients with the following notice about the existence of the attorney grievance process: "The PROFESSIONAL SERVICES CONTRACT PAGE 7 OF 8 -" -_."._"."...,---~---- State Bar of Texas investigates and prosecutes professional misconduct committed by Texas Attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide you with information about how to file a complaint. For more information, please call 1-800-932-1900. This is a toll-free telephone call." CITY: CITY OF NORTH RICH LAND HILLS 7301 N. E. Loop 820 North Richland Hills, Texas 76180 By: Oscar Trevino, Mayor ATTEST: By: Patricia Hutson, City Secretary ATTORNEY: TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. 6000 Western Place Suite 200 Fort Worth, Texas 76107 Phone: (817) 332-2580 Fax: (817) 332-4740 By: George Staples, Of Counsel Address: PROFESSIONAL SERVICES CONTRACT PAGE 8 OF 8 y INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2004-055 ,~ Date: T Subject: June 14, 2004 2004 TXU Games of Texas We are pleased to announce the return of the Texas Amateur Athletic Federation's "Games of Texas" to Northeast Tarrant County for 2004. Thanks to a recently secured $25,000 Title Sponsorship, this year's "games" will be known as the "TXU Games of Texas"! This United States Olympic Committee recognized event will once again be facilitated and organized by the six city partnership of Hurst, Euless, Bedford, Colleyville, Grapevine and North Richland Hills. Last year's event was the largest in the history of the Texas Amateur Athletic Federation (TAAF) and deemed one of the best "games" ever by the participants and the membership of TAAF. The nearly 9,000 individual athletes, over 10,000 event participants and 53,000+ spectators from the 2003 event are all expected to be exceeded this year during the 2004 TXU Games of Texas. Surveys conducted by the University of Dallas showed very positive customer satisfaction with the event along with an a¥erage expenditure of $400 per participant over the four day event. Hotels and restaurants in the six cities showed strong occupancy and business activity during the event. The "economic activity" generated by the event has been conservatively estimated to be $7-10 million. As a result of the incredible media awareness and positive response to the 2003 Games our sponsorship partners and dollars have increased substantially for the 2004 TXU Games of Texas. Over $75,000 in cash has been secured through corporate partners for this year's event with approximately an additional $200,000 of "in-kind" value for radio, television and print media as well as other goods and services necessary to host an event of this magnitude. Volunteers playa critical role in the success of this event. Over 900 volunteers played essential roles in staging the 2003 Games of Texas including 69 professionals, or'TAAF Liaisons", from 38 municipal parks and recreation departments from all over the State of Texas. This year's TXU Games of Texas will be held July 22-25, 2004 throughout Northeast Tarrant County. New sports for 2004 include: Extreme Games, Figure Skating, Lacrosse, Power Lifting, Sailing, Shooting and the Texas State Lifeguarding Championship. These new events will bring the total number of sports to be included in the 2004 TXU Games of Texas to twenty. Thirty-two of the best sporting venues in Northeast Tarrant County will be used in hosting these events. Events being hosted in North Richland Hills include: Golf at Iron Horse Golf Course, Lifeguarding at NRH20 Family Water Park, Soccer at Green Valley Community Park, Adult Coed Softball at Northfield Park, Girl's Fastpitch Softball at Walker's Creek Park and Tennis at the Richland Tennis Center. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS I To learn more about the 2004 TXU Games of Texas, be one of the nearly 30,000 individuals to visit our website at www.qamesoftexas.com. Information on hotels (including all of the hotels in North Richland Hills), the events, how to participate, how to become a sponsor or how to volunteer is all just a mouse click away! Some important dates for the City Council to keep in mind: · 2004 TXU Games of Texas Press Conference - Wednesday, June 23, 11 :30 a.m. at the Colleyville Center (Extreme Games demos & Olympians will be present) · VIP Reception - Friday, July 23, 6:30 p.m. at the Pat May Center (across from Pennington Stadium) · 2004 TXU Games of Texas Opening Ceremonies - Friday, July 23, 8:00 p.m. (Parade of Athletes, Olympians, Texas Girls Choir, Torch Lighting Ceremony and spectacular Fireworks Show) Please feel free to contact me or my staff if you are interested in volunteering or need additional information regarding the 2004 TXU Games of Texas. Your staff and the entire 36 person Games of Texas Organizing Committee has worked very hard since 1999 to make sure this year's event is the biggest and best ever in the history of TAAF and the Games of Texas! Respectfully submitted, -,.~ <::::::.:..--\~ --.. . L&~ Jim Browne Executive & Organizing Committee Chairman 2004 TXU Games of Texas llSSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. - -IR 2004-059 ~ Date: ~ Subject: June 14, 2004 Audible Crosswalk System (Mid-Cities at Home DepotlBirdville Stadium) The Public Works Department received a request from the Birdville Independent School District to install an audible pedestrian indicator system for the traffic signal light located at the entrance of Birdville Stadium and Home Depot on Mid-Cities Boulevard. This pedestrian indicator system would help visually impaired students who attend Birdville High School. After researching several audible pedestrian systems, the Public Works Department concluded that the Navigator APS would be the best system to meet the needs of visually impaired pedestrians at the traffic signal in question. The system was installed in April 2004. The Navigator APS is highly reliable. Sounds are emitted from inside the unit via a weatherproof speaker mounted behind the pedestrian sign. The system has an audible countdown timer and also tells the pedestrian when they can cross Mid-Cities Boulevard. An audible chirp sound is emitted to help the pedestrian locate the push button. The Navigator APS system cost $1,000 and the Public Works Department plans to install one more on the new traffic signal light at Glenview Drive and Dawn Drive. In the future we will make the system available on all new traffic signal light installations. There will be a 15 second video during the pre-council meeting which will show how the audible system functions. I will also be available for questions. Respectfully Submitted, 'ÌLÁ:t.e Q±. Mike Curtis, P.E. Public Works Director MC/ag 1* ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004-062 * June 12, 2004 Grand Re-Opening of Rufe Snow Drive between Loop 820 and Mid Cities The reconstruction of Rufe Snow north of Loop 820 to Mid Cities has been a major street reconstruction project affecting many businesses and the traveling public. The contractor and City Staff have worked hard to try to maintain access and keep all of the businesses in opèration. To encourage the traveling public to continue to drive Rufe Snow, staff has promoted the Rufe Snow Savings Program that offers discounts and savings for doing business with Rufe Snow businesses. Public Works and Economic Development have also worked diligently to keep directional signs up that direct traffic to individual businesses. Obviously some business activities have been interrupted, but we are seeing new renovations and new businesses moving in during the past few months. To 'celebrate this significant improvement of one of our major thoroughfares in North Richland Hills and to give a boost to all of the businesses along Rufe Snow, staff is preparing for a ribbon cuttina event for Thursday. July 15 and is proposing to allow all businesses to be able to take advantage of our existing Grand Opening Signs for a 30 day period following the grand re-opening. '--" All businesses within 200 feet of Rufe Snow between Loop 820 and Mid Cities will be allowed to have a one time 30 day period for displayino orand re-openina siqns. This is a small gesture to offer our local business community following the long term interruption of traffic. No permits or permit fees will be required and all signs would have to be removed by August 15 at the end of the 30 day period. Mike Curtis will also be available at the Council Briefing Session to give an update on the roadway completion of Rufe Snow Drive. Mike and I will be available to answer any questions at the Council Briefing. SinCerelY~ I ^ 1 ~~ John Pitstick Development Director ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS Announcements and Information June 14, 2004 Council Member Frank Metts: Announcements The City Council meeting scheduled for Monday, June 28th at 7:00 PM has been changed to Tuesday, June 29th at 7:00 PM. Come join the crowd for NRH20 Dive-in movies! The Dive-in movies begin this Friday June 18th with "Willy Wonka and the Chocolate Factory". The movie will start at dusk. For more information call 817-427-6500 or go to www.nrh20.com . Join the Summer Reading Club at NRH Public Library and Color Your World Read! Registration ends Saturday July 1 tho Reading time ends Saturday July 24th. For more information call 817-427-6800 or go to www.librarv.nrhtx.com. Information June 19 Critter Connection North Hills Mall - 10:00 a.m. - 6:00 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Kim Killion and Karen Richards, Dispatch, Police Department - On May 19th the City of Keller experienced an outage in phone service that made it impossible for many Keller citizens to contact Keller 911 for emergency calls. The NRH PD dispatch center took over calls that would have normally gone to Keller PD. Kim Killion and Karen Richards were the dispatchers on duty during this outage, and a call was received to express thanks to Ms. Killion, Ms. Richards and the NRH PD for taking on the additional load to make sure Keller citizens had access to 911. Northeast Transportation Services (NETS) - On May 28th the Northeast Transportation Services, or NETS, received the Regional Cooperation Award from the North Central Texas Council of Governments. NETS is a partnership between 8 cities in Northeast Tarrant County including North Richland Hills, Grapevine, Hurst, Euless, Bedford, Keller, Haltom City, and Colleyville. NETS provides on demand transportation services to elderly and disabled residents within these 8 cities. 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'a' :J n q sa ~ .. (1) ... V7:!~'T1N U1 ,y tJ .... VJ S ~ Œ."N o p..o :Jtj:jVJO ¡:;;" (') .... ..þ, r,¡¡ p.. ~ " Ö' 2' ~ a..38 "0 ~ r s. fJ 9 '" n Gì §:; tD 1"!'1 '" -< '" ~ 8- =' ê: ,... tD o >: S (JQ tD o i S (JQ tD ~'tD r> ;:: 0 ~ ~~ ~ ~¡;? co 0-;;:: 7;" P-g. ;? > ~ p. S 3 Cì -::¡ ~ Q ?Ii 8 s. ~ ;:: r> ~ ~ ~ ~ cr¡a E3"' ~ n R ;:;I å ¡; ~ ê ~ ~ 8 ~~ S' OJ tTI '" '" :;¿. (i) vo vo r- g ... õ' =' CJJ(f) ~n ~~ -1'-~ ~::¡; ~~ wp- -1'-r> c;;g ;:: ~~ -..,0 . ;:: 'D;:: Ulr> ~~ w;:: o~ -..,!'S :0- (i) 0-; ~g¡:: ~~ -1'-t:! Or> °ã ?3§ w~ r> ~n :!: -..,:0- ... ~ 5(. ~ CJJ,...¡ ('j Ul:o- 0 m 3 ~ VJ ~ Q.. (fJ æf ~ ... o .. Games of Texas Report Bedford, Colleyville, Euless, Grapevine, Hurst and North Richland Hills, Texas Texas Amateur Athletíc federatíon .' ..-- ¡:... . -' .. :... -';', ~ u "f ~" '., , " ", "., . , ,.-' i- " ,', ' . .-'~ . .,,,._ '. ". . "'" ~. .~.-+-:":...~.:.,.; '~""',,' .,~. -:, r". "-·-T'-"....; of" M -~', >.. . - ~.-. -:'. '?-'~ ~ . ", ~ .... -: _J. _ _ ,:,. ... -. ¡;.., ames 0 exas Northeast Tarrant Count~ July 24-27, 2003 Texas Amateur AthletÍc federation From: Kevin Fralicks Chairman's Re~ To: T.A.A.F. Executive Board T.A.A.F. Membership 200) Games Ot Texas NorthEast Tarrant Coun~ Date: August 27, 2003 The 2003 Games of Texas is now in the rear-view mirror and it was an absolutely fantastic ride. Please accept this report as my rear-view synopsis "from the top". - From the first meeting (January, 1999) the commitment from the 6 cities was 100%. There was never a question that the six cities could provide great facilities, professional staff, community resources, and tourism support. These four areas are vital in hosting a festival of any kind. Never once did we waiver or struggle from these four areas. - In early 2000, a time-line was created and a calendar was developed to schedule meetings. These meetings were vital because there were 36 members of the Organizing Committee, including 7 members of the Executive Committee. The key in this process was that there were 6 separate entities making decisions and "all" issues were fully discussed in these meetings. Minutes were kept at "every" meeting so that a "history" was established. It was the goal to make 2003 the "second -best" Games of Texas ever, with 2004 being the "best ever"! - In late 2000, sub-committees were named and the work began. The key to this process was the development of an operational budget and an expenditure/revenue process was outlined. Here is a look at the sub-committees that fell under the blanket of the Executive Committee and the Organizing Committee: Sponsorship Marketing Budget Venue/F acilities Kick-Off Gala Press ConferenceNIP Reception Hospitality/ Lodging/ Liaisons Opening Ceremonies Souvenirs/Awards Photography Signs/Banners Volunteers Media Room/ Headquarters - In early 2001, while the sub-committees were laying the groundwork, the venues and facilities were being finalized and contracted. Sponsorship packages were being developed and presented and the marketing plan was taking shape. - In mid 2002 a "Kick-Off" Gala was being planned for later in that year and the Marketing Committee was targeting the September Annual Meeting in Lake Jackson to reveal the logo, posters, and tri-folds. A video was presented to let the membership know that GOTNET was ready to make an impact. The Hospitality/Lodging Committee entered into a contract with the Grapevine CVB to create a housing bureau. - In late 2002 a key move was made when the Marketing Committee hired the LaChapelle Agency to help with our advertising, marketing, and media relations. The process began to work at putting on a "top-notch" Press Conference". A key meeting was held with the Dallas area Olympians to ask for their involvement. The Awards/Souvenir Committee was beginning to collect projected numbers and the Opening Ceremonies Committee was finalizing the entertainment and fireworks details. - In early 2003 the daily involvement with the venue coordinators increased. Volunteer campaigns really heated up and the Organizing Committee met monthly. The May Board Meeting was hosted in conjunction with the Sports Management School and over 200 people attended the Press Conference. Eleven Olympians attended the event and made their commitment to being a big part of the Games. - In late 2003 the Games were upon us. There were 1 0,000 athlete packets to stuff! This was a record total registration. The first event started on Thursday July 24 at roughly 8:00 a.m. and the torch was officially put out when the last out was made in the baseball venue at the Parks of Texas Star at roughly 10:00 pm on Sunday night, July 27. This is just a few things that I have mentioned in "the rideu. Honestly, I could write and book and probably should. It would probably be a best-seller! Let me summarize by saying that it was an honor to chair such a professional, creative, and determined Committee. I want to express to the Board and the membership that the 36 people that sat at my table never accepted "average". The goal was to excel and I am very proud of the effort! Finally, I want to thank my colleagues across the state and the State Office staff. Many times, during the process, we needed expertise, background data, and history of past Games. The T.A.A.F. family always comes through and I want to thank all of you for allowing me to be a huge part of it. Participants - Athletes Event Individual Athletes ,'e Event Participants Baseball 780 780 Bowling 175 175 Boxing 308 308 Disc Golf 7 7 Fencing 59 102 Golf 91 91 Gymnastics 86 86 Judo 132 141 Sand Volleyball 18 18 Soccer 1,560 1,560 Softball - Girls 208 208 Softball - Co-Ed 256 256 Softball - Mens 135 135 Swimming 1,837 2,627 Tennis 239 255 Track & Field 2,804 3,513 Total Participants - Athletes 8,695 10,262 * "Event Participants" include athletes who participate in multiple events often referred to as "entries" or "splashes". Event Attendance Event Spectators Total Attendance Baseball 1,427 2,801 Bowling 250 575 Boxing 1,500 2,427 Disc Golf 0 19 Fencing 180 336 Golf 182 364 Gymnastics 358 530 Judo 270 530 Opening Ceremony 9,000 9,000 Sand Volleyball 38 56 Soccer 6,000 9,020 Softball - Girls 713 1,129 Softball - Co-Ed 512 768 Softball - Mens 250 385 Swimming 4,816 7,736 Tennis 510 988 Track & Field 12,628 16,195 VIP Reception 200 200 Total Attendance 38,834 53,059 Volunteer Support Event # of Volunteers Baseball 24 Bowling 14 Boxing 50 Disc Golf 12 Fencing 8 Golf 18 Gymnastics 32 Judo 45 Opening Ceremony 55 Soccer 18 Softball 11 Swimming 293 Track & Field 396 Total Volunteers 976 Revenues Revenues Reg istration Team Entry Individual Entry Administrative Fees T AAF Fees Sponsorsh i p/Donations/ Advertisi ng Gate Admissions/Other Baseball Boxing Gymnastics Judo Opening Ceremonies Programs/Other Softball - Girls FP Swimming Heat Sheets - Swimming Track & Field Miscellaneous - Other Fees City Support - FY03 City Support - FY04 Total Revenue $47,874 $9,904 $7,135 $4,855 $1,200 $630 $11,915 $1 883 $2,075 $17,890 $2,889 $29,005 Amount $57,778 $2,962 $7,811 $30,662 $79,477 $1,383 $60,000 $60,000 $300,073 Expenses Expenses Games Administration Marketing Press Conference VI P Reception Other Baseball Boxing Disc Golf Fencing Golf Gymnastics Judo Kick Off Event Opening Ceremonies Sand Volleyball Swimming Soccer Softball (All) Tennis Track & Field Amount $104,713 $20,362 $4,283 $3,637 $76,431 $9,192 $4,187 $304 $857 $3,820 $4,533 $1,281 $5,808 $25,550 $384 $9,055 $26,913 $5,733 $3,090 $11,509 Total Expenses $216,929 Total Net Income Revenues Expenses $300,073 $216,929 Net Income $83,144 Texas Amateur Athletic federation 2003 Games of Texas ~onsorship Committee Re~ From: Jim Browne 200) Games Ot Texas NorthEast Tarrant ÚJunt~ To: T.A.A.F. Executive Board T.A.A.F. Membershjp Executive Summary The sponsor relationships forged during the 2003 Games of Texas will provide a solid base for further expansion of partnership opportunities and increased sponsorship revenues to support the 2004 "Games". Despite the lack of a recent exposure to the "Games" in the Dallas/Fort Worth market and the combined impact of a declining economy and the aftereffects of the tragedy of September 11, 2001 the 2003 "Games" received very good sponsorship support in cash and particularly "in-kind" services. Many budgeted costs associated with the "Games" were offset by sponsor provided services, particularly in the areas of printing, advertising and medical services. Even though we did not achieve our goal of $50,000 in cash sponsorships we far exceeded our "in kind" projections with $201,950 in sponsor provided services. Given the overall economic climate, cash contributions were definitely challenging to secure until signs of an economic recovery started to materialize. Despite those challenges the committee was still able to secure $29,350 in cash to support the "Games" budget. However, the success of the sponsorship committee's efforts need to be measured not only in the $231,300 secured in cash & 'in kind" contributions but also in context of the exposure that the Texas Amateur Athletic Federation, The Games of Texas, the host cities and our sponsor/partners received as a result of our media sponsorships. KFWD, Channel 52, produced and ran 163 television spots promoting and advertising TAAF and the "Games" valued at over $20,000 and provided promotion of the "Games" from their website. The ABC Radio Group (Radio Disney, ESPN Radio, KSCS & WBAP) ran approximately 250 one minute spots, 40 live "liners" and provided radio personalities and promotional support through their websites at a value of over $125,000. In addition, the Star Telegram provided $22,000 in newspaper ads and over $6,300 in free printing for our promotional pieces. The total media package of "in kind" advertising, printing and website promotion exceeded $182,000. This advertising and promotions value also generated tremendous awareness of T AAF & the "Games" which, in combination with the efforts of our Marketing Committee and the LaChapelle Agency, generated 93 newspaper articles and features on the "Games", the host cities and the individual TAAF athletes just in the Dallas/Fort Worth Metroplex alone. In addition, 14 stories on the 2003 Games of Texas totaling 14-15 minutes of air time, were aired on the four local network affiliates during the "Games". Five stories each aired on NBC Channel 5 and Fox Channel 4 and two stories each aired on ABC Channel 8 and CBS Channel 11. The "media impressions" from the newspaper and television stories which are broadcast and circulated to a metropolitan population in excess of 5 million people are huge in terms of increasing the awareness of TAAF and the "Games". Already, potential new sponsors are contacting the sponsorship committee with the realization of "how big the Games are" and asking to be a part of the 2004 Games of Texas. The increased awareness of this event as a result of the great job of hosting the "largest Games ever" will provide substantially increased opportunities for sponsorship growth in terms of the number of partners and revenue to support the "Games". It is our belief that the benefits of the exposure and tapping the Dallas/Fort Worth market will not only benefit the 2004 Games but future "Games" for years to come. The Sponsorship Committee has been expanded and combined with the Marketing Committee for the 2004 Games of Texas. This change will improve communication between these two committees, our marketing firm and our sponsors. This committee will be working with the LaChapelle Agency to fine tune and improve our Sponsorship Proposals and Advertising Packages for 2004. We will evaluate underwriting opportunities for sponsors and additional revenue opportunities for the "Games". With a better economic outlook and the much increased awareness of the "Games" as a result of this year's tremendous media coverage, we are poised to maximize the sponsorship potential of this event. A special "Thank You" goes out to all or the sf'~mso!'s ~F the C,.lmes or T exCls 200, ror helping to make this event: successl'u!. C)n behalr or the cities 01 bedFor(l, C.olleLJvllle, F-uless, tlurst, ClrapeVIIle ,me! NOI-th Kíchland Hills we would like 1:0 express our sincere grabtt ;de to the Following sponsors: Star Telegram North Hills Hospital NRH20 State Farm Radio Disney 620 AM KSCS 96.3 UICI The Insurance Center Harris Methodist HEB Hospital Signs Now North Rlchland Hills WBAP News/Talk 820 ESPN 103.3 FM Channel 52 KFWD ~ 200) Games of TeNJs >b1hbst T¡mntCoonh) . "",Jç",,, North HUts Hospital ~~!!2W :;=:.~ ."~":Ðflilll~1ð ~ "'1Fi)1 1:::Ir"" ~620' r- ~ . 'v~~ I:.·...... ~ ~.." ,n. @HARRlSMI;THOOISf ___ ,'(,,:,' H·E-B Ibpitù .. "-~........ ,,,'U'A"CI, .....H.ftb.~HNm.a = IIEWIIIMJIIIZI Star:relegram Sponsors Media Cash In-Kind ABC Radio Group $125,150 Star Telegram $ 28,300 KFWD Channel 52 $ 20,000 Gold UICI"The Insurance Center" $10,000 Harris Hospital HEB $ 5,000 $ 8,000 NRH20 Family Waterpark $ 15,000 Silver North Hills Hospital $ 3,000 $ 2,000 Bronze State Farm Insurance $ 2,500 Signs Now $ 2,500 Blue Ribbon Trinity Waste $ 1 000 Chic Fil A $ 1,000 Championship Club Bowman-Melton Assoc. $ 100 Advertising Revenue Venue Map/Program Sponsors $ 7.750 Totals $29,350 $201,950 T .A.A. F. Liaisons Special "Thanks" to the following T.A.A.F. Liaisons who came out and helped support the 2003 Games of Texas. Susan Gerred, Abilene Carl Scott, Abilene Oaniel Kelinske, Alvin Brett Weinberger, Alvin Stacey Laird, Arlington Wendy Parker, Arlington Kylie Ouchie, Bay town Lou Cappi, Beaumont Linda Donarski, Boerne Andy Babbitt, Carrollton Mike Carmack, Carrollton Robert Reagan, Carrollton Artis Gordon, Cedar Hill Toni Thomas, Cedar Hill David Gerling, College Station Scott Hooks, College Station Sheila Walker, College Station Jenny Waltman, College Station Jessica Tribble, Conroe Bob Heil, Corpus Christi Bob Swafford, Dallas Greg Williams, Dallas Doug Burgess, Deer Park Lisa Cox, First Colony Comm. Servo Sherrie Knoepfel, First Colony Comm. Servo Danny Boykin, Grand Prairie Jeff Goodman, Grand Prairie John Cobb, Greenville Bo Hartline, Greenville Andy Tarkington, Greenville Bill Wise, Houston's First Baptist Tom Henry, Irving Barbara Rippy, Kerrville Woody Eastman, Lake Jackson Bob Ellis, Pasadena Russsell Capps, LaPorte Joel Fagan, LaPorte Teddy Gibbs, Lewisville Ivette Eads, Lubbock Weldon Maples, Lubbock Mike Hennech, Mansfield Bill Grantham, Missouri City Tim O'Connor, Missouri City Jennifer Sooy, Missouri City Scooter & Lois Auld, Port Arthur Kelly Allensworth, Rockwall Brad Griggs, Rockwall Rick Atkins, Round Rock Jennifer Gonzales, Round Rock Mike Hemker, Round Rock Jenene Jeffries, Round Rock Jeanette Bradfield, San Antonio Tavis Harvey, State Office Charlene Hedtke, State Office Mark Lord, State Office Cliff Warrick, State Office Russell Fairchild, Stephenville Charles Brooks, Texas City Ben Marshall, Texas City Jay Williams, Texas City Curtis Morgan, Tx Public Pool Council Jackie Lopez, The Colony David Swaim, The Colony Kellie Pantalion, The Woodlands Chris Tribble, The Woodlands Andy Cedillo, Waco Angie Delaney, Waco Cynthia Simms, Waco Kristie Weaver, Weatherford 2003 Games of Texas Survey Post Event Results Scott Wysong, PhD University of Dallas 1845 E. Northgate Dr. Irving, TX 75265 swysong@gsm.udallas.edu 972- 721-5007 Introduction The primary purpose of this research was to measure customer satisfaction with the 2003 Games of Texas. In addition, an economic impact measure and several demographic variables were collected. Methodolol!V Two different methodologies were used to measure customer satisfaction with the 2003 Games of Texas. First, a copy of the entire survey (see attached) was placed in the Games program. Respondents were asked to complete the survey and mail it back by August 15. If they did, they would be eligible for a drawing to win a tree hotel stay during next year's Games. Respondents were also given the option of taking the entire survey via the web. With this first methodology, there were 25 people who mailed in their survey and 2 that completed the survey on the website. Thus, 27 consumers took the entire survey after the event was over. With the second methodology, the survey was split into to two parts. Part of the survey was collected during the Games at the Opening Ceremonies. Using a team of survey personnel, Opening Ceremonies Attendees were approached and asked if they would complete a short survey (see attached). At the end of this short survey, respondents provided their email address (in order to be contacted if they won the tree hotel stay). Then, on Monday following the Games, those who had completed the survey at the Opening Ceremonies were contacted via email and asked to take the rest of the survey (see attached). If they did, they would be entered into the drawing a second time thereby increasing their odds. According to the results, 167 people completed the part of the survey that was administered at the Opening Ceremonies and 52 of these respondents completed the second half of the survey when they were contacted via email after the event. In summary, there was just one survey. The only difference between the two methodologies is when they answered the various questions in the survey. With the first methodology, respondents answered all of the questions at once (after the event). With the second methodology, respondents answered half of the questions during the event and half of the questions after the event. Kev Results The respondents were primarily caucasian, middle aged (41-50 years of age), female supporters who were fÌ"om out-of-town and attending the Games for the first time. Below are three charts. The first chart provides the average rating for each of the various attributes of the Games of Texas and an Overall Rating. As illustrated, all of the ratings reflect a positive experience with each of the attributes and overall (I=Poor to 6=Excellent). The other two charts reflect the customer's satisfaction with the venue map (What percentage of people received the map and what did they think of the map). Respondents were also asked if they planned to attend the Games of Texas next year and if they would recommend the Games to others. In both cases, the average score was 5.4 on a 6-point scale (1 =Not Likely to 6=Most Likely) further indicating that the respondents are satisfied. On average, there were 5.17 people (including the respondent) in each party (or group of people) that visited the Games of Texas. In addition, the average amount of money that each respondent spent during their stay was approximately $400. Implications Overall, customers of the 2003 Games of Texas were very satisfied with their experience. More importantly, they plan to be a customer again at next year's games. Of course, there is room for improvement in two areas. One area that should be examined is the Housing Bureau. For some reason, this was the lowest rated attribute. Secondly, the Games could look at finding a way to increase the percentage of people who received a Venue Map. While the overwhelming majority (81%) of people did receive a map, a sizable number of people (19%) indicated that they didn't receive the map. To further analyze customer satisfaction, the 2004 Games of Texas (and future games, as well) should utilize a similar customer satisfaction rating scale and methodology in order to compare the venues longitudinally (year-to-year). Customer Satisfaction Ratings 0.0 1.0 2.0 3.0 4.0 5.0 6.0 Registration Process Web Site Check-in Process Housing Bureau Opening Ceremonies Venue Parking Venue Concessions Hospitality of the Games of Texas Staff Your Overall Experience at the Games of Texas Did you receive a map showing all of the GOT locations? ~ ~ Did you find the map... 47% oVery Useful . Somehwat Useful (! Not Very Useful GIVE US YOUR FEEDBACK AND YOU COULD WIN A FREE HOTEL STAY At the Games of Texas, your feedback is very important to us. Therefore, we have contracted with the University of Dallas to conduct a survey on our behalf Please take a few minutes to fill out the survey below. If we receive your survey by August 15, you will be entered into a drawing for a free hotel stay during next year's Games of Texas (random drawing, number of free nights awarded will vary by hotel). To qualify for the complimentary room drawing, all questions must be completed, Your completed survey should be returned to: Dr. Scott Wysong Graduate School of Management The University of Dallas 1845 E. Northgate Dr. Irving, TX 75062 Or, please go to htto://l!smbr.udallas.edu/l!amesoftexas to complete the survey on-line! 1. How many years, including this year, have you attended the Games of Texas (either as a participant, coach or supporter)? 1 2-3 4-6 7-10 Over 10 - 2. Please indicate which days you attended the 2003 Games of Texas (Check all that apply). Thu Fri Sat Sun 3. Where did you stay during the 2003 Games of Texas? (Check all that apply) Your Home - Friend or Relative's Home - Hotel: (please list the hotel name) - 4. Please indicate which events you attended (Check all that apply). Baseball Disc Golf Golf Judo _Sand Volleyball _Softball (Mens C) _Softball (Girls Fastpitch) Track and Field _Bowling _Extreme Sports _Gymnastics _Opening Ceremonies Soccer _Softball (Mens D) _Swimming _Boxing _Fencing _Ice Hockey _Rock Climbing _Softball (CoEd) _Softball (Mens E) Tennis 5. Did you receive a map showing all of the Games of Texas locations? Yes _ No - Skipt07 6. Did you find the map Very Useful Somewhat Useful _Not Very Useful 7. How did you hear about the Games of Texas? 8. Can you remember any of the Games of Texas sponsors? If yes, please list. 9. For the 2003 Games of Texas, please rate each of the following: Poor Excellent Registration Process 1 2 3 4 5 6 NA Check-in Process 1 2 3 4 5 6 NA Web Site 1 2 3 4 5 6 NA Housing Bureau 1 2 3 4 5 6 NA Opening Ceremonies 1 2 3 4 5 6 NA Venue Parking 1 2 3 4 5 6 NA Venue Concessions 1 2 3 4 5 6 NA Hospitality of the Games of Texas Staff 1 2 3 4 5 6 NA Your Overall Experience at the Games of Texas 1 2 3 4 5 6 NA 10. Do you plan to attend the Games of Texas next year? (Circle one number) Not Likely Most Likely 1 2 3 4 5 6 11. Will you recommend the Games of Texas to others? (Circle one number) Not Likely Most Likely 1 2 3 4 5 6 12. Age: 0-20 21-30 31-40 41-50 Over 50 - - 13. Gender: Male Female 14. Race: Afiican-American Caucasian Hispanic Other 15. Status: _ Participant Coach Supporter (spouse, parent or other) 16. What is your city? Zip code? 17. How many people were in your party? 18. Approximately how much money did you spend during the Games (food, lodging, travel)? 19. What else could we do to make the Games of Texas better? Please provide the information below so that we can notify you if you win the drawing. We will not give or sell your e-mail address to anyone. Name: (please print) Phone No.: Email address: (please print) THANK YOU FOR YOUR FEEDBACK .~-,Jl~~t. . N...;.;,;..,..'..... ,. Opening Ceremony Games of Texas Survey .i::':~~-,:: :~~ -'" ----- -. "",." "' 1. How many years, including this year, have you attended the Games of Texas (either as a participant, coach or supporter)? 1 2-3 4-6 7-10 Over 10 2. Please indicate which days you have attended or will attend during the 2003 Games (Check all that apply). Thu Fri Sat Sun 3. Where are you staying during the 2003 Games of Texas? (Check all that apply) Your Home - Friend or Relative's Home Hotel: (please list the hotel name) 4. How did you hear about the Games of Texas? 5. How many people are in your party (including yourself)? 6. Your Age: 0-20 21-30 31-40 41-50 Over 50 - 7. Your Gender: Male Female - 8. Your Race: African- American Caucasian _ Hispanic Other 9. Your Status: _Participant Coach _ Supporter (spouse, parent or other) 10. What is your city? Zip code? 11. Please provide the information below so that we can notify you if you win the drawing. We will not give or sell your e-mail address to anyone. Name: (Print) Email: (Print) THANK YOU Games of Texas Customer Survey Part II (via the internet) 1. Please indicate which events you attended (Check all that apply). _Baseball Disc Golf Golf Judo _Sand Volleyball _Softball (Mens C) _Softball (Girls Fastpitch) Track and Field _Bowling _Extreme Sports _Gymnastics _Opening Ceremonies Soccer - _Softball (Mens D) _Swimming _Boxing _Fencing _Ice Hockey _Rock Climbing _Softball (CoEd) _Softball (Mens E) Tennis 2. For the 2003 Games of Texas, please rate each of the following: Poor Excellent Registration Process 1 2 3 4 5 6 NA Check-in Process 1 2 3 4 5 6 NA Web Site 1 2 3 4 5 6 NA Housing Bureau 1 2 3 4 5 6 NA Opening Ceremonies 1 2 3 4 5 6 NA Venue Parking 1 2 3 4 5 6 NA Venue Concessions 1 2 3 4 5 6 NA Hospitality of the Games of Texas Staff 1 2 3 4 5 6 NA Your Overall Experience at the Games of Texas 1 2 3 4 5 6 NA 3. Do you plan to attend the Games of Texas next year? (Circle one number) Not Likely Most Likely 1 2 3 4 5 6 4. Will you recommend the Games of Texas to others? (Circle one number) Not Likely Most Likely I 2 3 4 5 6 5. Approximately how much money did you spend during the Games (food, lodging, travel)? 6. What else could we do to make the Games of Texas better? Please provide the information below so that we can notify you if you win the drawing. We will not give or sell your e-mail address to anyone. Name: (please print) Email address: (please print) Phone No.: THANK YOU FOR YOUR FEEDBACK 2003 Games of Texas Post Event Results L How many years, including this year, have you attended the Games of Texas (either as a participant, coach or supporter)? 18 _ 1 year 4 2·3 2 Please indicate which days you attended the 2003 Games of Texas (Check all that apply). 6 Thu 19 3. Where did you stay during the 2003 Games ofTeus? (Check all that apply) 7 o 20 Your Home Friend or Relative's Home Hotel 4. Please indicate which events you attended (Check aD that apply), 4 _Baseball 2_DiscGoIf 2_GoIf o _Judo o _Sand Volleyball o _Softball (Mens C) 1 _Softball (Œrls Fast¡> 23 _Track and Field 5. Did you receive a map showing all of the Games of Texas locations? Yes =64 (81%) No = 15 (19%) 6. Did you find the map Very Useful =30 (47V.) Somewhat Useful = 22 (34%) Not Very Useful = 12 (19%) 7. How did you hear about the Games of Texas? 8. Can you remember any of the Games of Texas sponsors? If yes, please 661. 9. For the 2003 Games of Texas, please rate each of the fonowing (poopl to ExceUent=6) "AU Ratings are for 79 respondents Qnternet and mai~in) Registration Process Check·in Process Web Site Housing Bureau Opening Ceremonies Venue ParIcing Venue Concessions Hospitality of the Games of Texas Staff Your Overall Experience at the Games of Texas 4.9 4.9 5.0 4.3 4.8 4.B U 5.3 5.2 10. Do you plan to attend the Games of Texas next year? (Circle one number) (Not Likely = 1 to Most Likely = 6) 1 L Will you recommend the Games of Texas to others? (Circle one number) (Not Likely = 1 to Most Likely = 6) 12 Age: 5 _0-20 4 _21-30 13. Gender: 9 Male 11 Female 14 Race: 1 African- 19 Caucasian American 15. Status: 6 _ Participa 5 Coach 16 What is your city? _Zip code? 17. How many people were in your party? 517\ 18 Approximately how much money did you spend during the Games (food, lodging, travel)? .. _4-6 Fri Sat 24 5 ~owIIDg 1 _Extreme Sports 5 _Gymnastics 19 _OpeningCeremonie 2 _Soccer o _Softball (Mens D) 37 _Swimming Very Useful Somehwat Usefu Not Very Useful 5 _31-40 6 _ Hispacic 0_7-10 Over 10 o 15 Sm (please list the hotel name) 2 _Boxing 2 _Fencing o _Ice Hockey o _Rock Climbing 1 _Softball (CoEd) o _Softball (Mens E) 2 _Tennis 30 22 12 5,41 5,41 9_41-50 3_.¡ffi o Other 15 _ Supporter (spouse, parent or other) 1 $399.001 Texas Amateur Athletic federation 2003 Games of Texas Northeast Tarrant County Summary From: Jim Browne, Chairman Doug Kratz, Vice-Chairman 200) Games of Texas NorthEast Tarrant County 2004 Games of Texas Northeast Tarrant County The 2003 Games of Texas provided several "firsts" for the TAAF Games of Texas. The first official website www.qamesoftexas.com. generated nearly 22,700 hits and provided an invaluable information and marketing tool for the "games". The first ever Games of Texas Housing Authority, which provided a single point of contact for "games" participants to coordinate their lodging plans. However, given the success of the website, the Executive Committee in coordination with our local hotels will be eliminating the Housing Authority for the 2004 Games in lieu of direct links to our host hotels via our website, www.qamesoftexas.com. Other significant accomplishments include phenomenal media coverage for T AAF and the "Games" in one of the largest metropolitan areas of the state. Nearly 15 minutes of "air time" on all of the major network affiliates, over 90 newspaper articles, 150 television commercials and over 250 radio commercials promoting TAAF, the "Games" and our sponsors. Over $240,000 in cash and in-kind sponsorships were generated despite difficult economic times forging partnerships that will benefit the host cities, T AAF and future "Games". The 2003 Games were a financial success as well, leaving approximately $80,000 in revenue to carry forward into the 2004 "Games". Economic impact to the region has not been completely finalized as of the date of this report, but survey data indicated an astonishing $400 per participant spent during the 2003 "Games". Early estimates would indicate an economic impact in the neighborhood of $7 - 1 0 million. The 2003 "Games" were the largest participated in "Games" in the history of T AAF. Nearly 9,000 individual athletes, over 10,000 event participants, over 900 volunteers and over 53,000 in total attendance during the 4 day event. Next year promises to be even bigger! This event could not be this large or this successful without the commitment and dedication of two very special groups. The 36 members of the GOT-NET Organizing Committee from the 6 host communities did an outstanding job of planning, hospitality and excellent service for our guests. And as always, the 69 T AAF Games of Texas Liaisons from 38 communities across the state came in and executed their events with the expertise and professionalism that they have come to be known for. Our very special "thanks" to our colleagues in TAAF! Survey results from the University of Dallas and a binder of critiques from liaisons, venue hosts, sports commissioners, T AAF officials, host cities and our participants have been consolidated and distributed to each member of the GOT NET Executive Committee as part of our commitment to "fine tune" and continuously improve this event in anticipation of 2004. All sports and venues are being evaluated and decisions are being made now for the upcoming "Games". Some possible changes for 2004 include the elimination of Fencing, Ice Hockey and Men's "C" and "E" softball. We have redoubled our efforts to make sure that "Extreme Sports" and "Rock Climbing" make their first entry in the history of the Games of Texas in 2004. Other new sports under consideration for addition in 2004 include: Figure Skating, Kickball, Sailing, Lacrosse, Archery, Shooting and Powerlifting. We are excited and feel privileged to invite you back to the cities of Bedford, Colleyville, Euless, Hurst, Grapevine and North Richland Hills on the week of July 22nd - 25th, 2004. It is our hope that the 2003 Games of Texas will be remembered as the "2nd Best Games Ever" with our goal to make the 2004 Games of Texas, "The Best Games Ever"! A Snapshot of the TXU Games of Texas TEXAS AMATEUR ATHLETIC FEDERATION TXU Games of Texas July 22-25, 2004 Facts and Figures TXU Games Sponsored by the Cities of Bedford, Colleyville, Euless, Hurst, Grapevine and North Richland Hills OPENING CEREMONY Friday July 23, 8:00 p.m. Pennington Stadium · $7-10 million estimated impact to local economy · 10,000 event participants (2003) · 53,000 spectators (2003) · 22 sporting events · 33 sports venues · 250 60-second radio spots (2003) · 163 60-second television spots (2003) · The TXU Games of Texas is recognized by the United States Olympic Committee TXu 9A-ftt,e.S ()fTe.XA-S: Wfu!,re. ~re.A-ftt,S stA-rt... Fact 5heet - The TXU Games of Texas will take place July 22-25, 2004 - The TXU Games of Texas Opening Ceremony will be held at 8:00 p.m. on Friday, July 23 at Pennington Field Stadium, 1501 Central Drive, Bedford, Texas - The Games of Texas are the largest multi-sport event in Texas, featuring more than 20 sporting events, each considered a state championship - The sports for the 2004 TXU Games of Texas include baseball, bowling, boxing, disc golf, extreme sports, fencing, figure skating, golf, gymnastics, judo, lacrosse, lifeguarding, power lifting, sailing, shooting, soccer, softball, swimming, tennis and track and field - Since 1986, the Games of Texas have featured more than 50 sports - Participants in the TXU Games of Texas range from 4-year-olds to senior citizens - The United States Olympic Committe (USOC) recognizes the Games of Texas as an official State Games - Medal winners in several sports in the 2004 TXU Games of Texas are eligible to advance and participate at the national level in the 2005 State Games of America - The Games of Texas were first held in San Antonio in 1986 - The Parks and Recreation Departments of Bedford, Colleyville, Euless, Grapevine, Hurst and North Richland Hills will work with numerous city organizations, businesses and individuals to produce the TXU Games of Texas - The 2003 Games of Texas brought 10,000 event participants and approximately 53,000 spectators to the sponsoring cities of Bedford, Colleyville, Euless, Grapevine, Hurst and North Richland Hills, and an estimated $7-10 million was added to the NorthEast Tarrant County economy - The 2003 Games of Texas received media coverage on all four major broadcast networks and in more than 93 newspaper articles - Texas Amateur Athletic Federation (TAAF) is a nonprofit organization established in 1925 to promote, organize and conduct amateur athletics in Texas - TAAF Membership is open to individuals, parks and recreation departments and other organizations in amateur athletics - TAAF consists of 17 regions throughout Texas - Each year, TAAF registers between 12,000 and 15,000 teams and approximately 250,000 participants 5ackground The Games of Texas The roots of the Games of Texas stretch back to 1986 and the host city of San Antonio. Designed by the Texas Amateur Athletic Federation (TAAF) to bring the state's athletes together in the name of recreation and competition, the Games create an annual festival of sports. The Games of Texas have grown to include more than 10,000 athletes in 20 official sports and 30 exhi- bition competitions. The events at the Games of Texas, with the exception of invitational events, are the official TAAF State Championships. With an Opening Ceremony, medal presentations and a festive atmosphere, the Games resemble an Olympic celebration. Medal winners in the TXU Games of Texas are eligible to participate in the 2004 State Games of America. Various host cities work with TAAF each year to organize, coordinate and promote the competitions. The TXU Games of Texas, NorthEast Tarrant County is a coalition of six organizing cities (Bedford, Colleyville, Euless, Grapevine, Hurst, and North Richland Hills), with help from local sports associa- tions, neighboring school districts and privately managed recreation facilities. This joint effort will showcase some award-winning park and recreation facilities. The coalition is strongly committed to TAAF and the TXU Games of Texas. Texas Amateur Athletic Federation (TAAF) Located in Georgetown, the TAAF headquarters is the heart of amateur athletics in Texas. The Federation is a non-profit organization created in 1925, and acts as the governing body for the Games of Texas competitions and a wide range of amateur sports throughout the state. TAAF membership primarily consists of approximately 120 parks and recreation departments, and is also open to individuals, teams and other organizations. Each year, TAAF organizes tournaments, awards scholarships and honors athletes through its Athlete of the Year awards and Hall of Fame induc- tions. 5ackground (contJd) Host Cities' Parks and Recreation Departments Bedford Bedford's Parks and Community Services Department maintains a parks system, open spaces and facil- ities that promote recreational and educational opportunities for local residents and visitors. The city takes pride in facilitating two of the largest festivals in the state of Texas, "4-fest" and the "City of Bedford Labor Day Bluesfest and Arts Festival." On Independence Day, approximately 40,000 people from northeast Tarrant County flock to the Boys Ranch Park for a hometown festival known as "4- fest," where they participate in a parade, arts and crafts, carnival rides and a huge outdoor concert, which culminates in a fireworks show. The "Bluesfest and Arts Festival" features some of the top blues acts and artists in the southwestern United States. For more infonnation on Bedford, its programs and facilities, go to www.ci.bedford.tx.us. Colleyville The City of Colleyville Parks and Recreation Department provides a parks and recreation program to meet the diverse needs of citizens and customers. The department manages 11 parks, including Colleyville Nature Center, that consist of more than 185 acres of property. Two athletic complexes in the city feature 20 soccer, baseball and softball fields. These facilities have hosted state and national tournaments. The city hosts many special events throughout the year, including Concerts in the Park, Texas Junior Anglers Day and Celebrate Colleyville, among others. The Colleyville Parks and Recreation Department was recognized with the Texas Gold Medal Award, the highest honor in the state of Texas. Euless Located in the heart of Dallas/Fort Worth, Euless offers its visitors many opportunities for recreation, relaxation and family fun. Springtime in Euless brings the Arbor Daze festival on the last weekend in April. Three days of music, art and crafts, free trees, a carnival and many exciting, free activities are sure to please your entire family. During the holidays, head to the Dr Pepper StarCenter for free ice skating at ICEFEST. Don't miss the Christmas Parade held the first Saturday in December, then enjoy the sights of Christmas past at the Heritage Park Christmas the second Saturday in December. Rated number one in the Metroplex by American Express' T &L Golf Magazine, the Golf Course at Texas Star is an experience unparalleled in the Lone Star State. But don't stop there - the Texas Star Sports Centre is the premier amateur sports center in north Texas. The Conference Centre at Texas Star is also available for conventions, seminars and special events. For more information, contact the city of Euless' Communications Office at 817.685.1821 or eulessinfo@ci.euless.tx.us. 5ackground (contJd) Grapevine Grapevine has approximately 1,500 acres of parkland in its inventory, with more that half the acreage on the shores of beautiful Lake Grapevine. The city also has approximately 20 miles of hike and bike trails linking over 700 acres of parkland. Recreation facilities in Grapevine include a 48,000 square foot recreation center, two in-line hockey rinks, two outdoor aquatic facilities. A disc golf course and three golf courses with a total of 81 holes. Grapevine is also one of the few cities in Texas it's size that has a botanical gardens. The city also has some very unique private developments such as Grapevine Mills Mall, Bass Pro Shops, ESPN X-Games Skatepark, Summit Climbing Gym and the Gaylord Texan Resort and Convention Center on Lake Grapevine. Hurst Hurst (population 37,000) provides a highly maintained and programmed Parks and Recreation system for its citizens and customers, boasting two state-of-the-art, national award-winning family Aquatics Centers; a 48,000 square foot Recreation Center with two gymnasiums, three fitness center areas with cardio and strength equipment, four racquetball courts, classrooms and an indoor elevated walking/jog- ging track; a Tennis Center with professional instruction and 10 lighted courts; three Athletic Complexes that feature 27 competitive soccer, baseball and softball fields; and 17 parks with more than 280 acres. Hurst hosts many special events each year, including the "Hurst Stars & Stripes" July 4th celebration, the Holiday Tree Lighting Ceremony and the Kids' All-American Fishing Derby, among others. The city's outstanding customer service program provides services and opportunities for its residents that truly enhance its reputation as a "Quality of Life City." North Richland Hills The North Richland Hills Parks and Recreation Department's long-standing tradition of providing quality park and recreation opportunities led to its recognition by the National Recreation and Park Association as a National Gold Medal Winner. The department manages innovative and award winning facilities such as the multi-million dollar NRH20 Family Water Park and the impressive Richland Tennis Center. Twenty six (26) beautifully landscaped parks, trails and natural areas are available and easily assess- able for family outings, picnics, sporting events and other outdoor experiences. Thousands of recre- ation programs and classes are offered at the NRH Recreation Center where guests can also enjoy the fitness center and other facilities. Two senior centers provide creative and social outlets for seniors while the Cultural Arts Division provides cultural experiences including outdoor concerts, theatre and other visual and perfonnance arts. The department also produces several special events including "Night of Holiday Magic", "Daddy/Daughter Valentine Dance" and "Easter in the Park". Contact ]ntormatíon Executive Committee Jim Browne, Chair jbrowne@nrhtx.com Phone: (817) 427-6620 Marketing Committee Sharon Davis, Chair sdavis@nrhtx.com Phone: (817) 427-6620 Dot Anderson dot@lachapelleagency.com Phone (817) 283-4499 Opening Ceremony Yvonne Rentschler, Chair yrentschler@ci.bedford.tx.us Phone (817) 952-2307 Media Relations Doug Evans, Chair devans@ci.grapevine.tx.us Phone (817) 410-3120 Cell: (817) 992-9340 Dot Anderson dot@lachapelleagency.com Phone (817) 283-4499 Schedule ot Lvents SPORT Baseball Bowling Boxing Disc Golf Extreme Games Fencing Figure Skating Golf - Adult Golf - Youth Gymnastics Judo Lacrosse Lifeguarding Opening Ceremony Power Lifting Sailing Shooting Soccer Softball - Adult Coed Softball - Girl's Fastpitch Softball - Men's D Swimming Tennis Track & Field COMPETITION DATES VENUE July 23, 24, 25 The Parks at Texas Star Hurst Community Park Showplace Lanes Bedford Boys Ranch Bear Creek Park GPX Skate Park and Entertainment Center - Grand Prairie July 24, 25 July 22, 23, 24, 25 July 24, 25 July 23 (Inline) July 24 (Skateboard) July 25 (Bike) July 24, 25 July 24, 25 July 22, 23 July 22, 23 July 23, 24, 25 July 23,24 Midway Recreation Center Dr. Pepper StarCenter, Euless Texas Star Golf Course Iron Horse Golf Course Hurst Recreation Center Grapevine Community Activities Center Euless West Park Pennington Field - HEB NRH20 Family Water Park Pennington Stadium - HEB Stroud's Fitness - Hurst Scott's Landing - Grapevine Haltom City Rifle and Pistol Club, Indoor Range Boys Ranch Park Green Valley Community Park Hurst Athletic Complex Hurst Community Park Meadowpark Athletic Complex Pleasant Run Soccer Complex Stonnie Jones Park The Parks at Texas Star Northfield Park Walker's Creek Park Softball World at Texas Star Carroll ISD Aquatic Center Richland Tennis Center Hurst Tennis Center Grapevine-Colleyville ISD - Mustang-Panther Stadium July 23, 24, 25 July 25 July 23 July 24 July 24, 25 July 24 July 23, 24, 25 July 23, 24, 25 July 23, 24, 25 July 24,25 July 23, 24, 25 July 23, 24, 25 July 24, 25 Medía Room Schedule Contacts: Doug Evans devans@ci.grapevine.tx.us Phone: (817) 410-3470 Cell: (817) 992-9340 Fax: (817) 410-3095 Dot Anderson dot@lachapelleagency.com Phone: (817) 283-4499 Fax: (817) 545-8481 Location: Community Activities Center 1175 Municipal Way Grapevine, TX 76051 Phone: (817) 410-3473 Schedule: The media room will be open each day to issue credentials, coordinate interviews and exchange infonnation. Computers, printers, phone lines and a fax machine will be available. Refreshments will also be available. These services also can be arranged throughout the day by notifying the media contacts listed above. Thursday Friday Saturday Sunday 4 p.m. - 8 p.m. 8 a.m. - 6:30 p.m. 8 a.m. - 9 p.m. 8 a.m. - 6 p.m. E-mail Updates: Email updates with results, profiles and contact numbers will be sent three times a day, Friday through Sunday. Friday Saturday Sunday 10 a.m., 4 p.m. and 6 p.m. 10 a.m., 4 p.m. and 9 p.m. 10 a.m., 4 p.m. and 6 p.m. VIP Reception: All media attending the TXU Games of Texas are invited to the VIP reception at 6:30 p.m. on Friday, July 23. The reception will be held at the Pat May Center, adjacent to Pennington Stadium, located at 1501 Central Drive in Bedford, prior to the Opening Ceremony. VENUE MAP Baseball . Hurst Community Park 602 Preci nct Li ne Rd. Hurst, TX 76053 . The Parks at Texas Star 1501 S. Pipeline Rd. Euless, TX 76040 Bowling · Showplace Lanes 1901 W. Airport Freeway Euless, TX 76040 Boxing O Boys Ranch Activity Center 2801 Forest Ridge Dr. Bedford, TX 76021 Disc Golf O Bear Creek Park State Highway 360 Grapevine, TX 76051 Extreme Games · GPX Skate Park & Entertainment Center 1000 Lone Star Prkwy. Grand Prairie. TX 75050 Fencing O Midway Recreation Center 300 W. Midway Dr. Euless, TX 76039 Figure Skating · Dr Pepper StarCenter at Texas Star 1400 S. Pipeline Rd. Euless. TX 76040 1:1' ii ¡ ~! /$ Saftt/all- CtH!d !.~ i", it: Mid:<itiesBlvcj} ....;M ¡ ~ ¿! ; Emerald. ,..L.......... ~ ¡~iIl5 ~~ulng ~i. Saft:b$1I- Gi~!.II- Girl5~·JÐi.~.... Soccer., - õ\ F~ ef \.,.....-- Soccer ~i Golf - Youth . Iron Horse Golf Course 6200 Skylark Cir. N. Richland Hills, TX 76180 Golf - Adult ~ Texas Star Golf Course W 1400 Texas Star Pkwy. Euless, TX 76040 Gymnastics ~ Hurst Recreation Center W 700 Mary Dr. Hurst, TX 76053 Judo · Grapevine Community Activities Center 1175 Municipal way Grapevine, TX 76051 Lacrosse · Bob Eden Park 2050 N. Industrial Euless, TX 76039 I) Parr Park 3010 Parr Lane Grapevine, TX 76051 Lifeguarding · NRH20 Family Water Park 9001 Grapevine Hwy. North Richland Hills, TX 76180 e Swimming John McCain ¡ ~!¡ œSoccer. \:~~- @ I..acJ'œe PatTlJ:\' i> ¡r Ii! CL~ Hãñj~Rd: GI' -8'1 ii!\ ii... Q)._'~'" i( ~Dr. I g.. .' .œSailing ,g _ Park Road One ~. 81 Dove o j;)isc Golf ~ DFW AIRPORr .i' ..~~ð' '$.' ~'-~j ."Y'< ~II- Mens D ~::!~I'~~~ sk;rti~gS. Pipl!line Soccer 5 · ~i oPf;i~ Cerernc:nes ,... t._.. ® Power Lifting · Stroud's Fitness 416 Bedford/Euless Rd. Hurst, TX 76053 Sailing · Scott's Landing 2500 Park Road One Grapevine, TX 76051 Shooting · Haltom City Rifle and Pistol Club, Indoor Range 2100 Minnis Dr. Haltom City, TX 76116 Soccer · · Boys Ranch Park 2801 Forest Ridge Dr. Bedford, TX 76021 Stormie Jones Park 2500 Brasher Bedford, TX 76021 · · Meadowpark Athletic Complex 3200 Meadow Park Dr. Bedford, TX 76021 Pleasant Run Soccer Complex 6501 Pleasant Run Colleyville, TX 76034 The Parks at Texas Star 1501 S. Pipeline Rd. Euless, TX 76040 Green Valley Community Park 7701 Smithfield Rd. N. Richland Hills, TX 76180 Hurst Athletic Complex 2104 Precinct Line Rd. Hurst, TX 76054 · · ... ~ 'i5 j ø Extreme Games · Hurst Community Park 601 Precinct Line Rd. Hurst, TX 76053 · Villages of Bear Creek Park Bear Creek Parkway at Ash Lane Euless. TX 76040 Softball (Co-ed) A Northfield Park W 7804 Davis Blvd. N. Richland Hills. TX 76180 (Mens D) . Softball World at Texas Star 1375 W. Euless Blvd. Euless. TX 76040 (Girls Fastpitch) A Walker's Creek Park ,., 8403 Emerald Hills Way N. Richland Hills. TX 76180 Swimming ~ CarrolllSD Aquatics Center W 1501 W. Southlake Blvd. Southlake, TX 76092 Tennis · Hurst Tennis Center 701 Mary Dr. Hurst, TX 76053 a. Richland Tennis Center W 7111 NELoop820 N. Richland Hills, TX 76180 Track and Field .. G-ClSD Mustang-Panther Stadium W 3000 Ira E. Woods (Hwy. 26) Grapevine, TX 76051 Opening Ceremonies A Pennington Stadium · 1501 Central Dr. Bedford, TX 76022 F ress Release CONTACT: Elizabeth Copeland, Marketing Specialist Phone: (817) 427-6609 Ecopeland@nrhtx.com TXU Games of Texas Return to NorthEast Tarrant County (NORTH RICHLAND HILLS), Jan. 5, 2004 - For the second consecutive year, the TXU Games of Texas will be held July 22-25, 2004 in Northeast Tarrant County. Last year the event drew record numbers of athletes and spectators to more than 20 venues. The cities of Bedford, Colleyville, Euless, Grapevine, Hurst and North Richland Hills expect to welcome more than 10,000 athletes and 53,000 spectators to this premier athletic competition. The Games of Texas is the largest multi-sport event in the state and is sponsored by the Texas Amateur Athletic Federation (TAAF). Patterned after the Olympic Games and the U.S. Olympic Sports Festivals, the Games provide a forum for training and competition among Texas' own Olympic hopefuls and recreational athletes. The Olympic-style competitions provide athletes of all ages and skill levels with a wholesome avenue for positive personal enrichment through sports. Since 1992, the U.S. Olympic Committee has recognized the Games of Texas as an official State Games of America participant. The State Games of America is the premier national Olympic-style sports festival and is held once every two years. Medal winners from the State Games earn the right to compete against other medal winners and match their skills and competitive desire in a national arena. Having made history in 2003 with a record number of participants and spectators, the cities expect to have significant attendance again for the 2004 TXU Games. The 2004 events will consist of an Olympic-style OpeningCeremony and more than 20 state championships in a variety of sports includ- ing baseball, bowling, boxing, disc golf, extreme sports, fencing, figure skating, golf, gymnastics, judo, kickball, lacrosse, power lifting, sailing, shooting, soccer, softball, swimming, tennis and track and field. TAAF is a nonprofit organization established in 1925 to promote, organize and conduct amateur athlet- ics inTexas. TAAF membership is open to individuals, parks and recreation departments and other organizations interested in the promotion of amateur athletics. For more infonnation on the TXU Games of Texas, go to www.gamesoftexas.com. -30- F ress Release CONTACT: Elizabeth Copeland, Marketing Specialist Phone (817) 427-6609 Ecopeland@nrhtx.com TXU Energy To Sponsor Games of Texas (NORTH RICHLAND HILLS), March 26, 2004 - TXU Energy, the largest competitive energy retailer in the U.S has signed on as the title sponsor for the 2004 Games of Texas. For the second consecutive year the Games will be held in Northeast Tarrant County and jointly hosted by the cities of Bedford, Colleyville, Euless, Grapevine, Hurst, and North Richland Hills. The TXU Games of Texas will be held July 22-25 and will feature 20 events including swimming, track and field, boxing, soccer and baseball. The 2003 Games drew more than 10,000 athletes and 53,000 spectators. "TXU is thrilled to support the Games of Texas as the Title Sponsor," said Carl Bracy, TXU Energy Sr. Vice President. "This event represents the best in competitive spirit, sporting excellence and positive experiences for amateur athletes. Local communities have depended on TXU for over 100 years and this is another example of our commitment to the community. TXU Games of Texas ignites the imagi- nation and dreams of young athletes and also contributes to the local economy." "To have a title sponsor with the national stature and reputation as TXU Energy is an honor for us," said Jim Browne, Chairman for the TXU Games of Texas. "TXU Energy is genuinely excited about this partnership and the opportunity to be a positive force for amateur athletes of Texas." The Games of Texas is recognized by the United States Olympic Committee and is the largest amateur sporting event in the state. Last year the event drew record numbers of athletes and spectators. An Olympic-style Opening Ceremony will take place on July 23. Several U.S. Olympians are expected to participate in the ceremonies. - 30- F ress Release CONTACT: Elizabeth Copeland, Marketing Specialist Phone: (817) 427-6609 Ecopeland@nrhtx.com TXU Games of Texas Places First Call For Volunteers (NORTH RICHLAND HILLS), April 12 - When over 10,000 Texas amateur athletes stream into the Northeast Tarrant County area for the 2004 TXU Games of Texas more than 800 volunteers will be needed to help staff the largest multi-sport event in Texas organized and governed by the Texas Amateur Athletic Federation (TAAF). "Volunteers are needed July 22-25, to register athletes, keep time and work during the opening ceremonies," said Jerry Poteet, volunteer committee chainnan. "We're not asking people to work all four days," said Poteet. "Work just one event or just one day," he said. "The only other thing that we ask is for all volunteers to attend one training meeting before the Games, so we make it as easy as possible." "The people who volunteer get as much out of these games as the youngsters," he continued. This is a prov- ing ground for many young athletes. These games may be the inspiration that sends a young person on to become a junior Olympic champion or even an Olympian. Volunteers must be 16 years of age or older unless their parents are also volunteering, then a 14 year old can help out. "At this point you can sign up and probably get the sport, the venue and particular job that you would like to have," said Poteet. "More than 20 events will take place at 30 different venues," he continued. "We'll have competitions going on in Hurst, Euless, Bedford, North Richland Hills, Grapevine and Colleyville." "Individuals will be needed to time swimming and track events," said Poteet, "and we'll also need spotters on the golf course. All during the 2004 Games volunteers will be needed to take admissions at the events and sell souvenirs at the various locations. "For opening night ceremonies at Pennington Stadium in Bedford we'll need a lot of volunteer help," said Poteet, "including greeters and parade assistants to help our 10,000 athletes line up." "It is very exciting to be a part of these games," said Poteet. "We're going to have a very special opening cer- emony for our Games featuring entertainment, lighting of our torch, the parade of athletes, the introduction of United States Olympic athletes from the area, and a huge fireworks display, so there are some extra rea- sons to volunteer." "TXU is proud to support the Games of Texas as the Title Sponsor and encourages our employees and cus- tomers to volunteer for this great event," said Daniel Monaco, Director of North Texas Residential Marketing, TXU Energy. "This is one way TXU expresses appreciation and commitment to the community we have been a part of for over 120 years." Volunteers can call Poteet at 817-685-1449, fax him at 817-685-1478 or e-mail him at jpoteet@ci.euless.tx.us. -30-