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HomeMy WebLinkAboutCC 2003-10-13 Agendas . CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA OCTOBER 13, 2003 - 5:45 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. . I NUMBER I ITEM I ACTION J TAKEN 1. Discuss Items from Regular October 13, 2003 City Council Meeting (5 Minutes) Discussion of an Ordinance Revising Chapter 16, Code of 2. IR 2003-109 Ordinances, Relating to the Parking and Storage of Semi Tractor Trailers (15 Minutes) Discussion of an Ordinance Revising the Subdivision 3. IR 2003-107 Regulations to Restrict the Location of Above-Ground Utility Service Appurtenances in Residential Areas (15 Minutes) 4. IR 2003-106 Discussion of December Council Meetings (5 Minutes) 5. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Consultation with Attorney as Authorized by §551.071 I. Davis vs. NRH Deliberation Regarding Real Property as Authorized by §551.072 ii. Land Acquisition - South of Loop 820 Area 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. POSTED /Ij r:l ¿J_3 - Date .:5'. 05 P /J1 Timé . 1 0/13/03 City Council Agenda Page 1 of 5 '9~ ~ '- . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA OCTOBER 13, 2003 -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 - Councilman Whitson 3. Pledge - Councilman Whitson 4. Special Presentations Life Safety Achievement Award - Fire Department 5. Citizens Presentation 6. Removal of Item(s) from the Consent AQenda . 10/13/03 City Council Agenda Page 2 of 5 . . e NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the August 1 - 2, 2003 Council Agenda Budget Worksession b. Minutes of the September 23, 2003 Council Meeting PS 2003-45 c. Consideration of a Request from Kirby Cox to Approve the Final Plat of Lot 1, Block 1, Kirby Addition (Located at 8601 Cardinal Lane - 3.33 acres) PS 2003-47 d. Consideration of a Request from Sidney Eggleston and The City of North Richland Hills to Approve the Final Plat of Lots 1 & 2, Block 2 Northfield Park Addition (Located in the 8400-8500 Block of Northfield Drive - 32.13 acres) GN 2003-127 e. Approve Abandonment of a Sanitary Sewer Easement located at 6109 Winter Park Drive in Home Town NRH West- Phase 2 - Ordinance No. 2744 PU 2003-043 f. Award of Bid to Sports Facilities Construction Company in the Amount of $41,600 for the Walker's Creek Park Net Extension Project PU 2003-044 g. Award Bid for 2003 Exterior Painting Project to Artistic Painting Company in the Amount of $35,680 PU 2003-045 h. Award Bid for Grounds Maintenance Equipment for Iron Horse Golf Course to Austin Turf and Tractor in the Amount of $190,830 PU 2003-046 I. Sale of Properties (8405 & 8412 Franklin Court) to Trinity Truth Properties- Resolution No. 2003-081 PW 2003-115 j. Award of Bid to Hall-Albert Construction Co. in the amount of $1,180,209.69 for the Main StreeUGlenann Drive Drainage Improvements Project and Approve Revision to the 2003/04 CIP Budget 10/13/03 City Council Agenda Page 3 of 5 . . e NUMBER ITEM ACTION TAKEN Approve Ordinance Revising the Subdivision 8. GN 2003-122 Regulations Regarding the Location of Above- Ground Utility Service Appurtenances in Residential Areas - Ordinance No. 2737 9. PS 2003-37 Consideration of a Request from Graham Ranch Partners Limited to Approve the Final Plat of Graham Ranch Phase I Addition (Located in the 7000 block of Hightower Drive - 54.70 acres 10. PS 2003-42 Consideration of a Request from Whispering Oaks, LTD. to Approve the Final Plat of Whispering Oaks Addition (Located in the 7000 Block of Eden Road - 10.3 acres) 11. PZ 2003-12 Public Hearing to Consider a Request from J & J NRH 100 Family Limited Partnership for a Zoning Change from "C-2" Commercial to "R-2" Residential (Located in the 7500 Block of North Tarrant Parkway - 6.5 acres) - Ordinance No. 2745 12. PS 2003-46 Public Hearing to Consider a Request from Rivercrown Investment to Approve the Final Plat of Lots 1 R & 2R, Block 1 Rivercrown Addition (Located in the 4800 block of Susan Lee Lane - 4.28 acres) 13. GN 2003-118 Approve Closing a Portion of the 4800 Block of Susan Lee Lane and Abandoning the Associated Right-of-Way - Ordinance 2742 14. GN2003-119 Approve City-Developer Agreement with Huggins Honda for Rivercrown Addition, Block 1, Lots 1R and 2R 15. PZ 2001-33R1 Public Hearing to Consider a Request from J. L. Steel L. P. for a Time Extension to an Approved Special Use Permit for a Concrete Batch Plant Operation (Located at 6001 North Dick Fisher Drive) - Ordinance No. 2746 16. GN 2003-121 Consideration of Ordinance Revising Chapter 5 of the Code of Ordinances Relating to the Adoption of a Comprehensive Apartment Maintenance and Inspection Program - Ordinance No. 2743 10/13/03 City Council Agenda Page 4 of 5 . . e NUMBER ITEM ACTION TAKEN 17. GN 2003-120 Consideration of an Ordinance Revising Chapter 16, Code of Ordinances, Relating to the Parking and Storage of Semi Tractor Trailers - Ordinance No. 2748 18. GN 2003-123 Appointment of Chairman to Reinvestment Zone No. 1 and Chairman to Reinvestment Zone No. 2 19. GN 2003-124 Appointments to Naming Board Appointment of New Members to the Youth 20. GN 2003-125 Advisory Committee Nomination of Tarrant Appraisal District Board of 21. GN 2003-126 Directors - Resolution No. 2003-080 22. PU 2003-047 Award Architect Contract for Fire Stations 2 & 3 Remodel - Resolution No. 2003-079 23. Information and Reports 24. Adjournment to Executive Session - Pre Council Room *Executive Session - The Council will Meet in 25. Executive Session to Discuss the Following: Personnel Matter as Authorized by Local Government Code §551.074 - Council Appointed Positions 26. Return to Open Session - Pre Council Room 27. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda and Council Agenda 28. Adjournment POSTED /0 c'lo ~~ Date ./ ~_ '05 p/J/ Trrne 10/13/03 City Council Agenda Page 5 of 5 q City s.c...,.", Byé ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR#2003-109 ^ ---~¡\ -'- -.::::--- ---~- þ'\ M \I V Date: Subject: October 13,2003 Ordinance revising Chapter 16 of the Code of Ordinances Relating to the Parking and Storage of Semi Tractors and Trailers. Council has commented to staff concerning the proliferation of semi trucks and trailers that are being parked on private property as well as in public ROW throughout the community. Council has directed staff to bring forward ordinance revisions that would effectively deal with this situation. With the help of the Police Department, the Code Enforcement Division and the City Attorney, staff has prepared an ordinance revising Chapter 16, Article V. Parking Requirements, of the Code of Ordinances. The purpose of this revision is to provide restrictions and enforcement that will more effectively control this parking issue. Staff will be presenting this ordinance revision for discussion at Pre Council. In addition staff has placed the proposed ordinance revision on the Council's regular session for consideration. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR#_2003-107 ^ _-:J}¿-__ --_.~--- 1,/ Date: Subject: October 13, 2003 Residential utility services In recent months Oncor has begun a program whereby electrical services for new residential subdivisions are provided from the front of a lot as opposed to the traditional rear service. Although individual service drops are underground, this policy has led to the placement of electrical transformers in the front yard of some lots throughout a subdivision. According to Oncor the purpose for this policy is to increase serviceability of replacing or working on transformers when service problems occur. It is more efficient and timely to replace transformers that are easily accessible in the front of yards as opposed to those in the rear of lots. Although there have been residential subdivisions built in the past that have front yard transformers due to various service/design difficulties, only in the last year has it come to the attention of the city staff through the subdivision review process that Oncor now has a policy of only front yard utility service regardless of whether there are any design difficulties. In addition to Oncor, these front yard utility easements may be utilized by other service providers such as cable and phone which may also include service boxes in the front as well. This service/easement issue was brought to the Council's attention several months ago when the Final Plat for Iron Horse Addition, Phase II was placed on the Council's agenda for consideration. Although this subdivision plat was approved by Council with the front yard easements, Council directed staff to bring the issue to the Planning and Zoning Commission for discussion and recommendation concerning this issue. Oncor, staff and the Planning and Zoning Commission have discussed the issue at several Commission meetings over the past few months. Staff has prepared a Subdivision Code revision that would (in it's basic form) require all utilities to be underground unless there are technical, environmental or economic reasons where this cannot be accomplished. In those situations, any above ground utility appurtenances will be required to be placed along the rear of the lot. This Subdivision Code revision was most recently recommended for approval by the Planning Commission at their October 2nd meeting. Staff will be presenting the Planning and Zoning Commission code revision for discussion at Pre Council. In addition staff has placed the proposed revision on the Council's regular session for consideration. Oncor representatives have proposed an alternate version that basically requires any above ground appurtenances, such as transformers, to be behind the front building line. This concept is intended to see the transformers normally being placed at the backend of the driveway. These items will be further discussed during Pre Council. Please feel free to call Larry Cunningham or Greg Vick if you have any questions before the meeting. NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2003-106 Date: October 13, 2003 Subject: Possible Cancellation of December 22 Council Meeting Earlier this year during a Pre-Council meeting, Council agreed to reschedule the December 8 meeting to December 15 because of the NLC Conference being held the week of December 8. The second meeting in December is on December 22. All Planning & Zoning items are scheduled to come to Council at the December 15 meeting and it is not anticipated that there will be any additional Planning & Zoning items for December 22. The other departments in the City do not anticipate any items that cannot be completed at the December 15 meeting. Staff requests Council direction on whether to proceed with the December 22 council meeting or to cancel the meeting. Respectfully submitted, (?';flÚfitti ~ Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS tf e MINUTES OF THE BUDGET WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT GARRETT CREEK RANCH CONFERENCE CENTER, 270 PRIVATE ROAD 3475, PARADISE, TEXAS - AUGUST 1-2, 2003 Present: City Council: Oscar Trevino Joe Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Tim Welch Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member Council Member e Staff: Larry J. Cunningham Greg Vick Karen Bostic Paulette Hartman Patricia Hutson Larry Koonce Margaret Ragus Clay Caruthers Kelbert McGee Jenny Mabry Mike Curtis City Manager Assistant City Manager Managing Director Admin/Fiscal Services Assistant to City Manager City Secretary Finance Director Budget Analyst Budget Manager Internal Auditor / Fin. Analyst Public Information Director Public Works Director CALL TO ORDER Mayor Trevino called the Council Budget Work Session to order August 1,2003 at 1 :41 p.m. with all council members present except Mayor Pro Tem Tolbert. Mayor Trevino presented opening remarks and announced at 1 :51 p.m. that the Crime Control and Prevention District Board would meet in conjunction with the City Council Budget Work Session. e The City Manager gave the economic outlook and briefly highlighted some of the proposed issues within the budget. Council was advised of assumptions the proposed budget was based upon - slow economy, proposed budget at the minimum level, some service reductions, necessary expansions to services, council goals and targets for action are the priority, maintain property tax rate, $1.50 increase at NRHzO (new attraction - MLlC), $1.37 average increase to residential utility bills from increase to pass through rate, $2.00 per round ceiling increase at Golf Course. Recommended service changes highlighted were to reduce training and travel except for mandatory training, reduce tuition reimbursement, modify frequency of printed and promotional items, place a hold on minor equipment replacement in some areas, reduce some special events, delay major equipment replacements, eliminate two full time and five part time , . Council Budget Work Session Minutes August 1-2, 2003 Page 2 of6 e positions and eliminate the market adjustment. The City Manager discussed the impact of the service changes and how critical needs were addressed. Mayor Pro Tem Tolbert present at 2:10 p.m. Ms. Bostic presented a PowerPoint presentation explaining the general fund and the departments and revenue categories included in the general fund. A brief overview was given of the revised 2002/03 budget, revised 2002/03 revenues and expenditures, and an explanation of past year encumbrances. Ms. Bostic reviewed 2003/04 general fund revenues and expenditures, anticipated changes in revenues and the history of net taxable values and 2003 appraised values. e Mr. Cunningham discussed in detail the general fund service changes. · Printing & Promotional items - recommend reductions on printing and promotional items such as brochures, fliers and job postings; less color and fewer pages in some printings; print "Time of Your Life" brochures twice vs. three times per year · Part-time, Contract Labor & Overtime - recommend reductions in this area through adjustments in the use of full time staff, minor adjustments to some services, reduce the use of contract labor for Citicable productions, reduce use of outside engineers in traffic control division and less part-time hours in the Humane Services Division · Special Events & Programs - continue funding major special events - "Night of Holiday Magic" and "Northeast Family 4th", eliminate some minor special events - teen dances, fall recreation event, Masterwork Concert Series, "Crud Cruiser" events and "Warm Hugs on Wheels" · Reduce the Youth Outreach Program - eliminate "The Edge" after school program, one full time position and five part time positions · Preventive Street Maintenance Fund - $600,000 to continue the program - recommend change source of funding - fund in CIP Budget and savings from prior year street maintenance · Equipment Replacement Reductions - City Council established plan for replacement of vehicles and major equipment - recommendation is to continue plan but delay the replacement of police vehicles for one year. Council was presented with the following general fund service enhancements - · Improving security of Municipal Court - $19,400; offset by revenue from Building Security Fee · Planning for impact of expanding Loop 820 - $25,000 approved in current year budget; recommend $75,000 be appropriated from fund balance to continue this study in 2003/04 · Non-conforming Sign Removal Program - $20,000 - Establish a Sign Demolition fund to assist new businesses with the removal of old signs; funded with pay-as-you-go reserve · Multi-family Housing Inspection program - $58,235; Program was approved in the 2002/03 budget, but financial constraints delayed implementation; program to be offset with revenues from fees to apartment owners e Mayor Trevino recessed the work session at 3: 15 p.m. and called the work session back to order at 3:30 p.m. Council Budget Work Session Minutes August 1-2,2003 Page 3 of6 e Council began a review of the schedules of the General Fund Revenues and Expenditures with Staff responding to questions. Councilman Whitson asked that consideration be given to sending reports and information to council electronically rather than by fax. Council questioned if council seminars and luncheons could be reduced. The City Manager advised that council travel had been reduced to meet minimum service levels. Staff was asked to in future years separate in the activity measures for Human Resources the number of full-time positions posted from part-time positions posted. Mayor Pro Tem Tolbert asked that future maintenance costs be included in information provided to council when new land is purchased for park purposes. There was discussion on the operating cost of the Library and the ability to build the new library and provide support while maintaining fiscal responsibility. It was suggested that the funding of the operating cost of the library be provided to Council when consideration is given to proceeding with the next step to design and construct the new library. e Councilwoman Johnson expressed concerns with park operating and maintenance costs not coming out of the one-half cent sales tax. Mr. Cunningham explained that the one-half cent sales tax can only be used for operating and maintenance costs for new facilities. The tax can not be used for facilities that were in existence at the time the tax was approved - those operating and maintenance costs must come out of the general fund. Council asked Staff to explore whether an ordinance regulating false alarms is needed. Council discussed the expansion of Fire Station Two and the future need to fund a third ambulance. Staff advised that upon the completion of'the new fire stations, this would be considered and discussed next budget year. Council concurred with the general fund revenues and expenditures. Council reviewed and discussed the Schedules for the Summary of Property Tax Revenue and Distribution and the Summary of Revenues and Expenditures for the General Debt Service Fund. The Council reached a consensus of maintaining the current tax rate of 57¢ per $100 valuation and the General Fund Budget as presented. Ms. Bostic presented the Special Revenue funds giving a brief explanation of the purpose of the funds. e Council Budget Work Session Minutes August 1-2, 2003 Page 4 of 6 e Mayor Trevino announced at 5:35 p.m. that he was calling the Crime Control and Prevention District Budget Work session to order. Mayor Trevino called the Budget Work Session back to order at 6:12 p.m. Council reviewed and discussed the Promotional Fund, Donations Fund, Special Investigation Fund and Drainage Utility Fund. Council 'concurred on the funds. Mayor Trevino recessed the work session at 6:20 p.m. and called the work session back to order at 7:20 p.m. After Staff gave a general overview of the Internal Service Funds, Council reviewed and discussed the Building Services Fund, Equipment Services Fund, Insurance Fund and Information Services Fund. Council requested the City Manager assess the pros and cons of contracting the servicing of city vehicles versus servicing in-house. Council discussed appropriating the $65,000 in Council contingency for special projects to the Self Insurance Reserve Fund & transferring the $130,000 in the Water Park Fund to the Self-Insurance fund reducing the self-insurance fund appropriation of reserve to zero. . Mayor Trevino recessed the work session at 8:20 p.m. Mayor Trevino called the work session back to order on August 2 at 8:04 a.m. with the same members present as recorded. The Council reviewed and discussed the Enterprise Funds - Utility, Golf Course and Aquatic Park. Council was advised of a proposed increase of $2.00 per round in golf fees and a $1.50 increase at NRH20. The Council reached a consensus of the Enterprise Funds as presented by Staff. Ms. Bostic presented the revised 2002/03 Park and Recreation Fund revenues and expenditures and the proposed 2003/04 revenues and expenditures. Council discussed the need for staff to continue to monitor the city's ability to maintain parks as new parks are purchased and brought on line. Council suggested adding a line item in the Summary "Balance in Reserves". Council concurred with the Park and Recreation Fund as presented. Mayor Trevino recessed the work session at 9:25 a.m. and called the work session back to order at 9:55 a.m. e Staff provided Council with a Fund Summary that was briefly discussed by the Council. The Council agreed for the inclusion of the summary in future budgets. Council Budget Work Session Minutes August 1-2, 2003 Page 5 of 6 e Mr. Koonce gave a explanation of restricted and unrestricted reserves. Staff presented the proposed Capital Projects Budget for fiscal year 2003-04 totaling $44,842,657.. Staff presented a PowerPoint presentation of the 2003/04 capital improvement program for the Parks Department. The capital improvement program history and previously approved projects were reviewed. The proposed 2003/04 projects were highlighted. Councilman Whitson asked staff to report back on the type of netting planned for Walker's Creek Park. Mayor Pro Tem Tolbert asked for a report on maintenance protection for the public art pieces. Council concurred with the Parks Capital Improvement Program as presented. Council reviewed the capital improvement program for the Aquatic Park and concurred with the program as presented. Mr. Mike Curtis presented a power point presentation of the 2003/04 capital improvements e program for the Public Works Department. Mr. Curtis briefly reviewed the projects completed during the past year. Highlights were given of the proposed continuing street projects, new street and sidewalk projects, the 2004 Preventive Street Maintenance Program, the 2004 Permanent Sidewalk Maintenance Program, continuing and new drainage projects, continuing and new utility projects. Mayor Pro Tem Tolbert requested a report at a pre-council meeting on the street maintenance program - Le., slurry seal, white topping, etc. The Council concurred with the proposed 2003/04 Public Works Capital Improvement budget. Mayor Trevino recessed the work session at 11 :55 a.m. and called the work session back to order at 12:40 p.m. Council reviewed and discussed the major capital equipment program and municipal facility projects. Council discussed whether there was a need at the present time to staff a third ambulance. Staff discussed with Council the recommendation of the Fire Department Study as it pertained to implementing and staffing a third ambulance. Council concurred with Staff that it would be included in next year's budget and Council would have the option to finance the third ambulance. Council reached a consensus on the proposed 2003/04 Miscellaneous Capital Projects e budget. Council Budget Work Session Minutes August 1-2, 2003 Page 6 of 6 tit Council reached a consensus on all budgets as presented and maintaining the 57¢ tax rate per $100 valuation. Mayor Trevino adjourned the budget work session at 1 :26 p.m. on August 2, 2003. APPROVED: Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary tit tit e MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 23, 2003 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 23rd day of September, 2003 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Joe D. Tolbert Mayor Pro T em John Lewis Councilman Scott Turnage Councilman Frank Metts, Jr. Councilman JoAnn Johnson Councilwoman David Whitson Councilman Timothy J. Welch Councilman Staff Members: Larry J. Cunningham City Manager Karen Bostic Managing Director Administrative/Fiscal Services Paulette Hartman Assistant to City Manager Patricia Hutson City Secretary e Alicia Richardson Assistant City Secretary George Staples City Attorney John Pitstick Director of Development Larry Koonce Finance Director Mike Curtis Public Works Director Jenny Mabry Communications Director Patrick Hills Human Resources Director Debbie Durko Municipal Court Clerk Dave Green Zoning Administrator Dave Pendley Building Official John Lynn Assistant Police Chief Jimmy Cates Streets Superintendent Absent: Greg Vick Assistant City Manager Call to Order Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss Items from ReQular September 23. 2003 City Council MeetinQ None. e 2. IR 2003-103 Apartment Inspection ProQram e e e City Council Minutes September 23,2003 Page 2 Mr. Pendley advised council that staff is proposing an apartment maintenance ordinance. Mr. Pendley presented a PowerPoint presentation highlighting the proposed apartment maintenance program. The ordinance would establish a centralized contact person in the building inspection department who would be responsible for inspecting multi-family housing units on a bi-annual basis. This person would also field individual complaints raised by apartment tenants. The ordinance stipulates that apartment owners/managers would be required to attain an operating license in order to operate their facilities. Apartment units must be inspected and meet minimum standards as determined by the ordinance. The failure to maintain a valid multi-family operating license may result in fines up to $2,000.00. Staff proposes a $1.00 per month per unit fee that will be made a part of the apartment complex's water bill. Mr. Pendley advised council other cities throughout the Dallas/Fort Worth area have an apartment maintenance program and the proposed ordinance is closely modeled after several of those programs. Council discussed the proposed ordinance and expressed the following concerns - 1) The ordinance needs to address situations such as a couple residing in a one- bedroom apartment becoming parents of triplets and exceeding the occupancy limit. 2) Concerns that revoking the certificate of occupancy will hurt the tenants more than the landlord; that the landlord would use as a means to evict a tenant by not repairing the unit. Mr. Pendley explained that revoking the certificate of occupancy was a tool to issue citations for non-compliance. It was suggested to change the wording to revoke certificates of occupancy in unoccupied units only. 3) Concerns with enforcement of unoccupied vehicles. Council was advised there is a separate ordinance addressing unoccupied vehicles, but that reference can be made in ordinance that abandoned vehicles will be enforced according to the unoccupied vehicle ordinance 4) Concern with fourplexes not being included in the enforcement; there could be situations where several fourplexes are owned by one individual. Staff advised that the ordinance would apply to fourplexes located on a parcel of land, but not to a single lot. 5) Section 5.170 - need to change "may" to "shall" in sentence - Each washateria, clubhouse or office may be counted..... 6) Felt the emergency telephone number should also be posted on the property. Staff advised that a provision can be added requiring it to be posted with the license. 7) Council wanted the Building Official to have the authority to monitor and control the number of occupancy. Consensus of Council is for staff to move forward with ordinance incorporating changes discussed. 3. IR 2003-102 Update on NETS ProQram e e e City Council Minutes September 23,2003 Page 3 Mr. Cunningham advised Council American Red Cross would be providing transportation service for the NETS program. Effective September 29,2003 the American Red Cross would be providing the day to day service to users of the NETS program. The Fort Worth Transportation Authority (The T), in cooperation with the Board of NETS Urban Transit District, will be responsible for administration of the program. Mr. Cunningham stated that staff from each city that participates in the NETS program have been working with representatives from the T, American Red Cross, YMCA and TXDOT to insure a smooth transition. The contract is for three years with the option to renew for two additional years. Council was advised that the Mayor along with the other participating cities' mayors will be participating in 'a ceremonial signing of the contract at the North Richland Hills City Hall on September 24. Council was invited to attend. 4. Executive Session Mayor Trevino announced at 6:24 p.m. that Council would adjourn to Executive Session as authorized by §551.071 (2) to conduct a private consultation with city's attorney on a matter in which the duty of the attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code, and deliberation regarding economic development north of Loop 820 as authorized by Government Code §551.086. Adjournment Council adjourned to the regular Council meeting at 6:45 p.m. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order September 23,2003 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 e e e City Council Minutes September 23,2003 Page 4 Staff: Larry J. Cunningham Karen Bostic Patricia Hutson Alicia Richardson' George Staples City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney Absent: Greg Vick Assistant City Manager 2. INVOCATION Ms. Lydia Tallon of Holiday Heights Elementary School gave the invocation. 3. PLEDGE OF ALLEGIANCE Ms. Ciara Costello and Cameron Potts of Holiday Heights Elementary School led in the pledge of allegiance. 4. SPECIAL PRESENTATIONS NATIONAL SICKLE CELL DISEASE MONTH PROCLAMATION Councilwoman Johnson proclaimed, on behalf of Mayor Trevino, the month of September as National Sickle Cell Disease. YARD OF THE MONTH Ms. Ruth Ann Smith, Keep North Richland Hills Beautiful Commission and Councilman Whitson presented certificates to the following yard of the month recipients. Bill & Pat Whisenant, 3733 Holland; Jerry & Sandra Jackson, 6736 Victoria Avenue.; Larry & Cheryl Plunkett, 6312 Meadow Lakes Drive; C.G. & Jenna Mathews, 7721 Terry Drive; Dr. Ram K. Sharma, 5967 Lakeway; Larry & Suzy Compton, 6737 Brittany Park; Arthur & Wretha Denys, 8332 Thorncrest Court; Mike & Wendy Wilson, 7620 Douglas Lane; Sylvia Little & Mike McBurney, 8128 Pecan Ridge Drive; Texas SmartScape Winner Peter Hillier, 8636 Kensington; Business Landscape Winner Meadow Lakes Retirement Community, 5000 Meadow Lakes Drive, Wendy Earney - Marketing Director. City Council Minutes September 23. 2003 Page 5 e Ms. Smith and Councilman Whitson gave special recognition to Ogena Collins, 7528 Circle Drive and Mr. Jack Hill for keeping the median located at Circle Drive cleaned and maintained. e e 5. CITIZENS PRESENTATION Ms. Katelyn Pattersen, 5001-C EI Camp Fort Worth, spoke to the council on behalf of Tarrant County College. The Mayor and Council were invited and challenged to assist in the scholarship fund raiser by supporting the second annual Tarrant County College Cowtown Trinity Duck Stampede on October 19. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE SEPTEMBER 08, 2003 COUNCIL MEETING B. GN 2003-113 CONSIDERATION OF AN AMENDMENT TO THE INTERLOCAL AGREEMENT ESTABLISHING THE NORTHEAST TRANSPORTATION SERVICE URBAN TRANSIT DISTRICT (NETSUTD) C. GN 2003-114 AUTHORIZING SIGNATURE FOR 2004 CAPP ELECTRIC SERVICES - RESOLUTION NO. 2003-072 D. PU 2003-042 AUTHORIZING CONTRACT WITH LINEBARGER GOGGAN HEARD & SAMPSON FOR DELINQUENT COLLECTIONS OF MUNICIPAL COURT ACCOUNTS - RESOLUTION NO. 2003-075 E. PAY 2003-004 AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2003-074 F. PAY 2003-005 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2003-073 COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN WELCH TO APPROVE THE CONSENT AGENDA. City Council Minutes September 23,2003 Page 6 e Motion to approve carried 7-0. 8. PS 2003-38 PUBLIC HEARING TO CONSIDER A REQUEST FROM SYLVIA THRASH, PATRICIA AND CARRIL BRAUDRICK TO APPROVE THE FINAL PLAT OF LOTS 13R1 & 13R2, BLOCK 2 WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS LANE - .414 ACRES) APPROVED Mayor Trevino opened the public hearing. Ms. Sylvia Thrash, applicant, was present to answer questions of council. Zoning Administrator Dave Green advised the site is currently platted as Lot 13 with a residential structure on the western half of the lot. The applicant wants to replat the site into two lots in order to construct a single-family residence on the proposed Lot 13R2. Mr. Green brought to council's attention that the lot does not meet the depth requirements of R-3, but the Planning and Zoning Commission recommends waiver for depth of lot and approval of final plat. e Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE PS 2003-38 WITH THE WAIVER OF DEPTH. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 9. GN 2003-117 CONSIDERATION OF AN ORDINANCE AMENDING THE SIGN ORDINANCE - ORDINANCE NO. 2740 APPROVED Mr. Green advised the ordinance before council tonight addressed council's concern with relation to political signs. Staff has prepared the amendment to address the concentration of identical political signs and weekend advertising signs along rights-of- way. Mr. Green advised council weekend advertising signs are currently regulated by 200' spacing requirement and Staff would notify the major sign contractors of this regulation. The proposed ordinance would allow a minimum spacing of 10' between identical or duplicate political signs. Council discussed the signs needing to be spaced more than ten feet apart and expressed concerns the ordinance will allow signs to be placed in the medians along Meadowlakes Drive and North Tarrant Parkway. e e e e City Council Minutes September 23,2003 Page 7 Attorney Staples advised that the wording in "61" can be changed by adding to the first sentence the wording "other than a median - "with no more than six square feet of sign face on any side may be placed in the public right of way other than a median no closer.. ." MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2740 WITH SPACE BETWEEN POLITICAL SIGNS BEING 30 FEET AND VERBIAGE "OTHER THAN MEDIAN" BE ADDED TO 61 WHEN DESCRIBING THE SIZE AND PLACEMENT OF POLITICAL SIGNS. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7-0. 10. GN 2003-116 APPROVE ORDINANCE NO. 2739 AMENDING CIVIL SERVICE RULE 11.03 APPROVED City Attorney George Staples advised the Civil Service Commission and staff have' been working to draft revisions to Civil Service Rule 11.03. Recent appeals have identified areas of the Civil Service Regulations where all parties involved could benefit from more specific rules addressing subpoenas and evidence presented during the hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2739 ADOPTING THE REVISIONS TO AMEND CIVIL SERVICE RULE 11.03 AS RECOMMENDED BY STAFF AND CIVIL SERVICE COMMISSION EFFECTIVE IMMEDIATELY. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. 11. GN 2003-115 APPROVE TRAFFIC CALMING POLICY AND REPEALING ROAD HUMP ORDINANCE - ORDINANCE NO. 2741 APPROVED Public Works Director Mike Curtis presented item to council. Mr. Curtis informed council their comments from the August 25 Pre-Council meeting were incorporated into the traffic calming policy. The changes/comments are as follows: · Appeal process - residents may appeal the City's decision to the City Manger within 21 days of notification for a level 3 or level 4 traffic calming measure, City Council Minutes September 23,2003 Page 8 e with the option to appeal level 4 to the City Council. Streets that do not meet the qualifying criteria are not eligible for traffic calming measures. · Required percentage of residents to sign a petition was reduced to 80%, with level 3 requiring 80% and level 4 requiring 85%. · Addition of paragraph on brochure reminding "motorists to watch their speed". Staff was not certain of council consensus regarding funding participation for different levels. Level 1 & 2 measures will be 100% paid for by the City, level 3 will be split 50/50 with the residents and the City, and level 4 measures will be paid 100% by the residents. Council discussed the funding levels, and reimbursement of monies to citizens if the traffic calming device did not resolve the problem. Council discussed possible language to include in the traffic calming policy to address their concerns. Council discussed adding language to ordinance to clarify that the ordinance would not take away from or restrain Public,Works from handling traffic concerns on their own initiative. MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2741 WITH FOLLOWING e STIPULATIONS: - USE STANDARDIZED TERM OF "SPEED BUMPS" THROUGHOUT POLICY IN PLACE OF THE TERM "ROAD HUMPS". - ADD VERBIAGE AT THE END OF SECTION 1 "THIS POLICY SHALL NOT BE DEEMED TO LIMIT THE AUTHORITY OF THE PUBLIC WORKS DEPARTMENT TO REMEDY PROBLEMS ON THEIR OWN INITIATIVE." - ADD VERBIAGE TO SECTION 5.2 "REQUIREMENT THAT BEFORE ANY WORK IS ACTUALLY DONE THAT THE PUBLIC FUNDS BE APPROVED TO BE SPENT AND PUBLIC WORKS APPROVE OF THE PLAN." - CORRECTIONS TO TEXT: PARAGRAPH 3.8 - 6TH SENTENCE CHANGE "FOR IF THE APPLICANT" TO "IF THE APPLICANT" PARAGRAPH 5.2 - CHANGE "IT'S" TO "ITS" e LEVEL 4 COSTS BE BROUGHT BACK TO COUNCIL TO PORTION BETWEEN THE PUBLIC AND PRIVATE SECTOR; AND e e City Council Minutes September 23, 2003 Page 9 - WHATEVER SPLIT THERE IS TO PUT IN THE TRAFFIC CALMING DEVICES AND WITHIN A YEAR THERE IS A REQUEST TO REMOVE THE CALMING DEVICES THAT THE COST OF REMOVAL BE SPUT IN THE SAME PROPORTION AS THE AMOUNT OF MONEY IT TOOK TO IMPLEMENT THE TRAFFIC CALMING DEVICE. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 5-2; Mayor Pro Tem Tolbert, Councilmen Turnage, Metts, Whitson and Welch voting for and Councilman Lewis and Councilwoman Johnson voting against. 12. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA None. 13. INFORMATION AND REPORTS Councilman Tim Welch made the following announcements. The Fire Department Open House will be held on Saturday, October 4th. This is a free, family event that is educational and fun. There will be fire trucks displayed, fire extinguisher demonstration, children's crawl through smoke house and a Goof Troop performance. The event will be held from 10:00 a.m. - 3:00 p.m. at Fire Station 4 on Mid Cities and Tecnol Blvd. For information, call 817-427-6900. September 27 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. Officer Todd Espy, Police Department - An email was received from a NRH resident complimenting Espy for his courteous manner in which he gives citations. With officers such as this, "it wasn't so bad getting a ticket in NRH." 14. ADJOURNMENT e Mayor Trevino adjourned the meeting at 8:14 p.m. e e e City Council Minutes September 23, 2003 Page 10 Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary '. , CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 10/13/03 Subject: Consideration of a Reauest from Kirby Cox to approve the Agenda Number: PS 2003-45 Final Plat of Lot 1, Block 1 Kirby Addition Located at 8601 Cardinal Lane (3.33 acres) Case Summary: A single family residence was located on this site and occupied by the applicant for a number of years. In December of last year the residence was destroyed by fire. The applicant desires to rebuild the residence; however, the site was neither platted nor zoned for residential use. The applicant recently rezoned the site to "R-1-S" Residential (ref. PZ 2003-19). Approval of this plat would allow the applicant to proceed with obtaining building permits to rebuild the residence. Current Zoning: This site was recently rezoned to "R-1-S" (ref. PZ 2003-19). Thoroughfare Plan: The site has frontage on Cardinal Lane, a local street of 50' ROW. Comprehensive Plan: The Comprehensive Plan was effectively changed to low density residential uses by the recent approval of "R-1-S" zoning for the site. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the approved preliminary plat for this site. All staff comments have been satisfied including the attached comment from the Public Works Department. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, September 11, 2003, recommended approval of PS 2003-45 by a vote of 5-0. Recommendation: To Approve PS 2003-45 the Final Plat of Lot 1, Block 1 Kirby Addition. Review Schedule: Application: 8/20/03 Final Hearing: 10/13/03 Total Review Time: 7 weeks Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget er Account Number Sufficient Funds AVaIJabJe Finance Director :i~~j;'7#Jfti'¡. ~ -.--., -'ltr I~~~ i! ~ "'" - I 'I IJ ·.!!·Y· U I-- .. Ð* I-- ~I 1 I FT~ - I-- , I I .'ð ,.~. ~ - ~ ·,,,¡on. -$ I~ - '"' A- ~ - - ~i ~ - - -J\'- - - ~ . "~Jb{~f4~io.i'!;· . » ¡L¿ >- - ~ir'\ - 1/ ~ - -"* . - - ¡ - ~c - ....... ~I ~, .-- I ~ ~ v~ - - - ~ - ",'- " ~ I \ I ..... } h7' ~ ~ r I r N NRH A PS 2003-45 FINAL PLAT LOT 1 , BLOCK 1 KIRBY ADDITION . . . PS 2003-45 CONSIDERATION OF A REQUEST FROM KIRBY COX TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 KIRBY ADDITION LOCATED AT 8601 CARDINAL LANE (3.33 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is the same property that was previously discussed. That was the preliminary and this is the final. Mr. Green explained for the record why, in this particular case, the preliminary and the final are being seen at the same time. Normally, in the subdivision process, properties go through a preliminary plat process which comes to Planning & Zoning for approval. Once this occurs, the developer or owner returns with a final plat. Most of the time a preliminary plat and a final plat are separated by a substantial amount of time. In this particular case, Mr. Cox's property is a single lot and block with a simple design. Staff has also taken into consideration Mr. Cox's personal situation. Staff has provided a letter from Public Works stating that all concerns have been addressed. Staff recommends approval. Mr. Davis stated that at one time, the Commission did allow someone not to do a preliminary plat. It was a one lot subdivision with other stipulations. Mr. Green stated that there is an application for a short-form final. This is a process that combines the preliminary and final together. The condition for doing this is there has to be a residence or building on the property to be occupied. In Mr. Cox's situation, his residence was burned down so he cannot do a short-form final. Staff is only assisting Mr. Cox through this process with speed in order to accommodate him and his family. Vice Chairman Schopper called for a motion. Ken Sapp, seconded by Richard Davis, motioned to approve PS 2003-45. The motion carried unanimously (5-0). Ni~H CITY OF NORTH RICHLAl'\JD HILLS · Public Works I Administration September 4, 2003 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate SUBJECT: Kirby Addition Preliminary Plat PS2003-44 Final Plat PS2003-45 Public Works has reviewed the Preliminary and Final Plats submitted to this office on September 4, 2003. As per my conversation with Ernest Hedgcoth, a 7.5' utility easement will be added to the rear of the Kirby Addition to comply with the City of North Richland Hills' Subdivision Ordinance. Contingent on the correct placement of the utility easements, we recommend placement on the next Planning and Zoning meeting agenda. · ~kÁ~J ~^' Caroline Waggoner, E.I . Engineer Associate cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Zoning Administrator Surveyor, Ernest Hedgcoth, R.P.L.S., P.E. · CLW/pwm2003-195 PO, Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 10/13/03 Subject: Consideration of a Request from the Sidney Eggleston Agenda Number: PS 2003-47 Estate and the City of North Richland Hills to Approve the Final Plat of Lots 1 & 2, Block 2 Northfield Park Addition Located in the 8400-8500 Block of Northfield Drive (32.13 acres) Case Summary: The City recently purchased a tract of land from the Eggleston Estate as an expansion to Northfield Park. The purpose of this plat is to incorporate this tract into the existing park (proposed Lot 1). The remaining Lot 2 is owned by the Eggleston estate. Current Zoning: The site is currently zoned nAG" Agricultural. Thoroughfare Plan: Although the site has a small frontage along Davis Boulevard, primary access to the site will be from Northfield Drive the existing public entrance road to Northfield Park. Northfield Drive is a public street. Comprehensive Plan: The Comprehensive Plan indicates retail uses for Lot 2 and that portion of Lot 1 that fronts Northfield Drive. The expansion of the existing Northfield Park along Northfield Drive would revise the uses recommended by the Comprehensive Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the approved preliminary plat for this site. All staff comments have been satisfied. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, September 11, 2003, recommended approval of PS 2003-47 by a vote of 5-0. Recommendation: To Approve PS 2003-47 the Final Plat of Lot 1 and 2, Block 1 Northfield Park Addition. Review Schedule: Application: 8/22/03 Final Hearing: 10/13/03 Total Review Time: 7 weeks Finance Review Account Number Sufficient Funds Avatlal:>le (þ. I-- ¡:, -~ - ......... ,...- _...... . (1\1 - ~ ~rl::1~' ~ 7 ~ r-- - f-- ,~ I I I I N A n - - - '-.... ' .' 1// r-- r-- t-- '-- TH ~~ "" ~ C) o c Z -I ::0 , ~ --n - ¡",..-- , .. ·~~;:;si . .' ':::f~¡ .. ' ,.'o''.!' : , , K\ - -;:111 [\ \,.., / ) 9F -~ /' \--~ e-- -.- I·····:. ~'~~,.~ ;.·.':.7.·j¡,~~- ~.. ·.~IÎ '. '''01..-'·'' ;~:'. c,.+,..,...:~.;ç .... r.J ~~ ;' I '(2 'i"-' I ~ ~ ~:) I I I O;~.. AJ /1 -=~f I IA ~ III\...... - I I I I ,'do'" NRH PS 2003-47 FINAL PLAT NORTHFIELD PARK ADDITION LOT 1 & 2, BLOCK 1 ~ Prepared by Planning 09-10-03 , , , ' . . . . I - - - ¡-- ¡-- ¡-- ¡-- ¡-- ¡-- r-- I - L., I M I I DR ~ . . - PS 2003-47 CONSIDERATION OF A REQUEST FROM SIDNEY EGGLESTON AND THE CITY OF NORTH RICHLAND HILLS TO APPROVE THE FINAL PLAT OF LOTS 1 & 2, BLOCK 2 NORTHFIELD PARK ADDITION LOCATED IN THE 8400-8500 BLOCK OF NORTHFIELD DRIVE ( 32.13 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This property is located on Davis Boulevard. A portion of the plat is the existing Northfield Park. The City is currently purchasing a portion of the property in order to add to Northfield Park. The second lot located at the intersection of Northfield Drive and Davis Boulevard will not be owned by the City, but will remain a commercial tract of land. Staff has provided a letter stating that all issues have been resolved. Staff recommends approval. Ms. Cole asked Mr. Green to explain this plat further. Mr. Green explained that the overriding factor of this plat was the City was purchasing property which the City wanted to include in the existing park area. The City didn't purchase the entire piece of property that was available. Mr. Davis asked Mr. Barton if there was a Lone Star gas pipeline going across Lot 1 and if so why isn't there an easement for that. An easement is shown going across the House of Grace property, does it continue through. Mr. Barton responded that was a question that came up during the platting process. There is an easement there that is not recorded. The gas line is there with the easement which is noted on the plat to acknowledge its presence. Mr. Davis asked if it was an over and across easement. Mr. Barton responded yes. Mr. Barton stated that Public Works has discussed the issue with the gas company and the gas company is considering establishing an easement. Mr. Davis asked if the gas company would give Public Works a width that could be done during the dedication. Mr. Barton stated that during the platting process the decision was made not to go that route. In order to acknowledge that the gas line was there, it was shown on the plat and the easement issue will be dealt with at a later date. Vice Chairman Schopper called for a motion. Richard Davis, seconded by Brenda Cole, motioned to approve PS 2003-47. The motion carried unanimously (5-0). Ni~H CITY OF NORTH RJCHLAl'JD HILLS . Public Works I Administration September 3, 2003 MEMO TO: Donna Jackson, Planner FROM: Andrea Roso Jobe, EiT, Engtneer Assoctate RE: NORTH FIELD PARK ADDTJON; LOTS 1 & 2, BLOCK 2 Final Plat PS 2003-47 Public Works has reviewed the Final Plat submitted to this office on September 2, 2003. All of Public Works' comments have been addressed. We recommend that the Final Plat be placed on the next available Planning and Zoning Commission meeting. O~~gVl0J~ ARJ/Øwm2 03-187 ~ \j Cc: Lance Barton, P.E., Assistant Director Public Works Dave Green, Zoning Coordinator James Ferguson, RPLS; Landes & Associates, Inc. (via fax 817-870-1292) . . POBox 820609 .. North Richland Hilis, Texas 76182-0609 7301 Northeast Loop 820 .. (817) 427-6400 .. Fax (817) 427-6404 , ,,; CITY OF NORTH RICHLAND HILLS e Department: Public Works Council Meeting Date: 10/13/03 Subject: Approve Abandonment of a Sanitary Sewer Easement Located in Home Town NRH West - Phase 2- Ordinance No. 2744 Agenda Number: GN 200~-127 Prior to the Home Town NRH West - Phase 2 development, several easements and previously dedicated street rights-of-way existed. The new Home Town development utilized some of the existing easements and street rights-of-way, but needed to relocate some existing utilities and realigned some of the existing street right-of-way. Several unused easements have been previously abandoned. This ordinance identifies another sanitary sewer easement that needs to be abandoned. This sanitary sewer easement is located at 6109 Winter Park Drive in the recently platted Home Town NRH West - Phase 2 Addition (see Exhibit "A") and was identified by plat to be abandoned. There is no City of North Richland Hills infrastructure located in the easement. The construction of this section of the Home Town development is complete and lots are being sold. The developer is requesting that this easement be abandoned at this time. Recommendation: To approve Ordinance No. 2744. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds ÄvallaOle .!...-- Finance Director ~, G.:ti oJ Department Head Signature Page 1 of _ ,/ . 2 4 6 8 10 12 14 16 18 20 22 . 24 26 28 30 32 34 36 38 40 42 e 44 ORDINANCE NO. 2744 AN ORDINANCE ABANDONING AN UNNEEDED SANITARY SEWER EASEMENT LOCATED IN THE CITY OF NORTH RICHLAND HILLS, IN THE L. C. WALKER SURVEY. WHEREAS, due to redesign of the sanitary sewer system serving the Home Town NRH- Phase 2 Addition of the City of North Richland Hills, it has become unnecessary to construct certain portions of the sanitary sewer as was originally contemplated, thus rendering an easement previously acquired useless; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the .052 acre sanitary sewer easement conveyed by E-Systems, Inc Pool Trust to the City of North Richland Hills recorded in Volume 14506, Page 345" Deed Records, Tarrant County, Texas, is hereby abandoned. AND IT IS SO ORDAINED. Passed on the 13th day of October, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: )t-l;~~ C..t;- Departinent Head Ordinance No. 2744 Page 1 of 1 , ~ š § ž L-1-r-/ ~ t m , 7~~ -." . ~~S 0'-- '¡ä " ' I h! l' l e·- '!, ¡ . I ,) I t .J ~ . I~ -2 ~. ~i 08 ~. .~ ~~ ~~ ~i ~~ · j I~"a~~~ i ~ E~U~~~ · ¥ . ~~~;¡X I ~ m;~ii " i ~ aS~h· ~ ~ ~ dt- c ~ -~ ž S ~ I; a .- ~ i!: . n .. . g ~; ~ ,it:; §;j I;.~ §" '-) - · "lot < ~~ "0. H ." ¡¡ \ - f=;:¡ __~+~___ ¡.~ ~HT7"'o ~ 0, ~ § ~EI § þ . .~ " . . i: " I, 11"'0<;: , ,'" . i ' -g¡¡¡. 0.,- ~~~ '~:-J~ ~~ o ;; :ti' --- Ii ----- i ¡;> ~ - È~í -- - - -,. , ,y ~!g ~~z :~~ ª . . o ~ ~ =nu : n"f §if·~. ~ &j~~J~ .. t rr 1''' i i .., IE :r 5! !a- ft i¥ ,- e "~u I\ !:I!:¡:¡¡¡ !i~~e~ i~~~a8 ;!II~¡ ~ ~ i t~~ I ·~aìi'!\i e¡r ! i;}j;¡ ~ t. !~ I ~ä ~ " w ....Dr..-.,.... ....,.......\M_~.... '/'IIm I.ZI_ T:;¡<, d Exhibit "A" , . . e RELEASE OF EASEMENTS GRANTOR: City of North Richland Hills, Tarrant County, Texas GRANTEES: Arcadia Land Partners 16, Ltd GRANTEES' ADDRESS: c/o Jones & Boyd Inc. 1790 Dallas Parkway, Suite 200 Dallas, Dallas County, Texas 75248 EASEMENTS RELEASED: A .052 acre sanitary sewer easement located in North Richland Hills, Tarrant County, Texas, described in Volume 14506, Page 345, Deed Records, Tarrant County, Texas. CONSIDERA nON: One Dollar ($1.00) and other good and valuable consideration. For and in consideration of the consideration set forth herein, Grantor releases the easements described herein to Grantees herein. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Oscar Trevino, Mayor of the City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 2003. Notary Public in and for The State of Texas J . . Q 01: NORTH RICHlAND HILLS ..... i :: . . . .~ 1 , . . '-. . - . -¡ - '. - '. J -..-.., rA' TER =Hometown NRH West Phase 2 '" ,."" :>a . t::I . Z , ,. . r -..-..-.. VICINITY MAP l' = 2000' e rr Exhibit "A" CITY OF NORTH RICHLAND HILLS Department Parks and Recreation Council Meeting Date: 10/13/03 Subject: Award of Bid to Sports Facilities Construction Company in the Amount of $41,600 for the Walker's Creek Park Net Extension Project Agenda Number: PU 2003-043 Formal bids were solicited for the Walker's Creek Park Net Extension Project Bid #03-1129. Three (3) bids were received, and the results are outlined below. Sports Facilities Construction Company Wall Enterprises Perez Construction $41,600.00 $44,750.00 Non-responsive Bid While three (3) sealed bids were received, Perez Construction submitted a non-responsive bid stating that they were unable to meet the specifications. This project provides for the installation of net extensions behind the backstops at the four girl's fast pitch softball fields in Walker's Creek Park to prevent foul balls from exiting the field area and traveling into the bleacher and plaza area. The specifications call for extension of the backstops to a height of 24 feet from the playing field with netting material spanning from dugout to dugout wrapping the backstop. Funding, in the amount of $77,201, for this project is available in the approved FY 2003-04 CIP Budget in the Walker's Creek Girl's Fast Pitch Net Extension Project Account. Sports Facilities Construction Company submitted the lowest most qualified bid in the amount of $41,600.00. This project complies with City Council Goal #5 "enhancing the quality of life with quality parks, open space and trails." Recommendation: To award the Walker's Creek Park Net Extension Project to Sports Facilities Construction Company in the amount of $41 ,600.00. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 125-0000-604.79-00 Sufficient Funds Available 1 Budget Director \,.--- c=. .J L S~~ Department Head Signature (]V Page 1 of 1 -'."~'"'- ,... CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 10/13/2003 Subject: Award Bid for 2003 Exterior Paintinq Proiect to Artistic Painting Company, Inc. in the Amount of $35,680 Agenda Number: PU 2003-044 In the 2002/03 CIP budget, Council appropriated funds for exterior painting at the Municipal Complex. Formal bids were solicited and the results are outlined below. Artistic Painting Company Advanced Paint Service Kurosky & Company $35,680 $37,440 $83,864 The project will include painting the light poles and fixtures at the Municipal Complex on Dick Fisher Dr. and painting all exterior metal trim at the Humane Services Center, Property and Evidence, Service Center, Fire Administration, Fire Station 4, the training tower and the Support Services building. The project also includes power washing the exterior of each building. The bid amount is within the approved budget of $80,000 for this project. The exterior painting of Fire Station 2 and 3 also budgeted in the $80,000 will be completed once the fire stations are renovated. Artistic Painting Company met all the specifications and general conditions of the bid and all the references contacted responded favorably. Recommendation: To award the bid for the 2003 Exterior Painting Project to Artistic Painting Company in the amount of $35,680, to appropriately amend the 2003/04 CIP Budget as shown on the attached CIP Revision Sheet. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 310-0000-601.79-00 Sufficie t Fu s Availa e ~12Æ DeDartment Head Sionature vY Budget Director Page 1 of 1 .. .- Municipal Facility Capital Projects Exterior Painting of Municipal Complex (2003) 02-10-02-006 PROJECT DESCRIPTION & JUSTIFICATION Exterior painting of facilities at Municipal Complex on Dick Fisher Drive & Fire Station 2. Also included in this project is power washing the exterior of all buildings to remove stains and pollution film. Paint all metal trim on buildings, lighting fixtures, metal in brick fencing and overhead doors at Animal Control and the Service Center. This project is a continuation of the 10-year Building Plan approved in 1997. These facilities have not been painted or pressure washed since they were built in 1987. The paint has worn very thin and rust is forming in many areas. If the rust works completely through the metal trim, major repairs will be required. PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Construction 1 0/2002 02/2003 09/2003 09/2004 REVISION EXPLANATION Expendutures for this project were approved as part of the FY2002/03 CIP budget. The project, however, was not included in the FY 2003/04 adopted budget. Therefore, this revision is necessary for Support Services to gain legal expenditure authority in this fiscal year. No scope changes are being proposed and the overall project amount remains equal to the amount adopted in FY 2002/03 ($80,000). FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Building Services Fund (Reserve) $80,000 $0 $0 $0 $80,000 Total $80,000 $0 $0 $0 $80,000 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 $0 0 $0 Construction 2,437 0 $77,563 0 $80,000 Total $2,437 $0 $77,563 $0 $80,000 IMPACT ON OPERATING BUDGET Minimal impact on the operating budget. Annual Operating Impact Pro'ected CITY OF NORTH RICHLAND HILLS Department: Finance /Iron Horse Golf Course Council Meeting Date: 10/13/2003 Subject: Award Bid for Grounds Maintenance Equipment to Austin Agenda Number: PU 2003-045 Turf and Tractor in the Amount of $190,830 Formal bids were solicited for specialized grounds maintenance equipment for Iron Horse Golf Course. This will be replacement equipment included in the five year replacement program created for the Golf Course. The results are outlined below. Saginaw Implement Luber Bros Austin Turf & Tractor Professional Turf Products $ 41,991 (incomplete bid, does not meet specs) $181,259 (incomplete bid, does not meet specs) $190,830 $196,876 The bids submitted by Saginaw Implement and Luber Bros. were incomplete and the equipment they offered did not meet the minimum specifications. Austin Turf & Tractor is the John Deere turf products distributor for our area. They have a 98.7% next day parts and labor ability (this includes parts in stock and out of stock). This company is also a current vendor at Iron Horse and does an excellent job in every area including service, customer support, and repairs. Their bid met all the specifications and general conditions of the bid and can deliver the equipment within 30 days. The 2003/04 adopted Budget calls for the establishment of an equipment replacement plan for Iron Horse. Year one of the plan includes a loan from the City's Reserve for Capital Improvements to the Golf Course Fund to be used for the acquisition of the grounds maintenance equipment proposed herein. Iron Horse will repay the loan over the next five years at 3% interest. The amount appropriated by Council for this equipment is equal to the loan amount of $183,805. The existing equipment will be auctioned and the proceeds will be used to offset the difference between the budgeted amount and the bid award amount. This equipment was bid under the City purchasing policies and procedures saving approximately $15,000 in sales tax. Recommendation: To award the bid for grounds maintenance equipment to Austin Turf and Tractor in the amount of $190,830. Finance Review Source of Funds: Bonds (GO/Rev.) 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(1) ?' z o CD ë: m D C =ti =: m z -I o m en (") ;;0 =ti -I Õ Z D -I :-< 3: -ocn r» mCi) 3:_ mZ z» -I::¡: ° ~ r c: ~CD ¡¡¡m .., ;:0 ::J CD ~;:o (1) 0 ~ -I c: ;:0 "TI» I/OC -I en ~::! OZ -I o ;:0 -1-0 C:;:o ;:00 "TI"TI -Om ;:Ocn Ocn Cõ C:z 0» ü!r 01(;')01 -;;0- 000 ""c-l °Z» 'foOl ::en w=: 0» Z -I m Z » Z (") m m D s: "1- =: m Z -1- r c: CD m ;:0 CD ;:0 o ~ . . . Grounds Maintenance Equipment for Iron Horse Golf Course Bid 03-1130 Saqinaw Implement - #1 & #2 They are agriculture equipment dealers not turf equipment dealers; next month they will no longer have ability to sell this type of equipment. Golf course will not be able to obtain parts and service techs are not experienced in turf equipment repair Luber Bros. - does not meet specs #3 - is options for mower, not compatible with John Deere mower. #4 - Iron Horse currently has this model; made in Sweden; can not get parts in a timely manner; Luber Bros. will not keep in stock because they are too expensive; parts delivery is usually 3 -4 weeks. Equipment is cheaper up front but more costly to maintain. Luber Bros. Alternate Bid - does not meet specs #5 - not close to minimum specs and quality; equipment was originally electric and has been changed to a gas unit; several issues with reliability and safety (has a tendency to easily tip over) #6 - they bid a smaller unit than specified in bid (width is 11" smaller); will take longer to complete process. Professional Turf Products - does not meet specs #7 - not a vibratory roller; not a comparable product, does not meet specs #8 - standard cutter, not as versatile as John Deere; can not interchange different types of components (reels, brushes); not comparable product. Austin Turf & Tractor is turf equipment dealer for our area. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 10/13/2003 Subject: Sale of Foreclosed Property to Trinity Truth Properties Resolution No. 2003-081 Agenda Number: PU 2003-046 The property listed below was foreclosed for nonpayment of taxes and transferred to the City of North Richland Hills by the Sheriff's Department. Total taxes and court costs for all entities on both properties equals $5,715.18. Staff advertised the property for sale and received three bids. The high bid was received from Trinity Truth Properties and is listed below: 8405 Franklin Court Lot 9, Thomas Peck Subdivision $5,901 8412 Franklin Court Lot 14, Thomas Peck Subdivision $6,001 The other taxing entities were notified and have approved the sale. The breakdown of payments, less court costs, is attached. The amount received by North Richland Hills from the sale in excess of taxes and court costs in the amount of $760.45 will be deposited into the General Fund. Recommendation: Approve Resolution No. 2003-081 authorizing the sale of the property to Trinity Truth Properties. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ Finance Review Account Number Sufficient Funds Availa e Budget Director . w Page 1 of L CITY OF NORTH RICHLAND HILLS Distribution of Receipts: 8405 8412 Franklin Ct Franklin Ct. Keller Independent School District $2,730.75 $4,574.07 Tarrant County Tax Assessor Collector $ 794.40 $ 847.05 City of North Richland Hills $1,439.85 $ 225.88 Court Costs $ 936.00 $ 354.00 $5.901.00 $6.001.00 . CITY COUNCIL ACTION ITEM Page 2 of 2 . . . RESOLUTION NO. 2003-081 WHEREAS, Trinity Truth Properties has bid $5,901 for 8405 Franklin Court, Peck, Thomas Subdivision, Lot 9 and bid $6,001 for 8412 Franklin Court, Peck, Thomas Subdivision, Lot 14, an Addition to the City of North Richland Hills, Tarrant County, Texas; and WHEREAS, the sale is sufficient to pay all taxing agencies the total taxes and Court costs; and WHEREAS, the property has been duly advertised and the bid from Trinity truth Properties was the higher bid received. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The sale to Trinity Truth Properties of the property described above is hereby approved along with the distribution of funds to this City and all other taxing entities. PASSED AND APPROVED this 13th day of October, 2003. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10/13/03 Subject: Award of Bid to Hall-Albert Construction Co. in the Agenda Number: Amount of $1,180,209.69 for the Main StreeUGlenann Drive Drainage Improvements Project and Approve Revision to the 2003/04 CIP Budget PW 2003-115 The Main StreeUGlenann Drive Drainage Improvements project consists of two separate drainage projects identified in the 2003/04 Capital Projects Budget. The Public Works Department bid the Main Street and the Glenann Drive Drainage Improvements projects together to benefit from the "economy of scale". The Main Street project will provide drainage improvements in Main Street from Walkers Branch to Chilton Drive. The improvements will consist of an underground system with additional inlets in Main Street to collect the surface runoff. The Glenann Drive Drainage Improvement project will consist of constructing an underground drainage system in Glenann Drive and Sherri Lane. Some residential property has experienced flooding along these streets in the past. Both projects are needed to help mitigate the flooding potential and to bring both of these areas closer to meeting the City's current drainage criteria. On August 27, 2003, ten (10) bids were received for the Main StreetlGlenann Drainage Improvement projects. The three low bids are summarized below. Contractor Alternate "A" Alternate "8" Alternate "c" Hall Albert 240 210 210 Construction Co. $1,180,209.69 da s $979,788.10 da s $1,114,968.35 da s 120 120 120 Rainer Canst. Co. $1,196,702.74 da s $964,387.24 da s $1,126,129.74 da s Jackson Canst. 180 180 180 Ltd. $1,202,000.00 da s $1,000,000.00 da s $1,130,000.00 da s Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 96-02-64-011 Sufficient Funds ÄvallaDle n/t:.¿ Q C--i~ Department Head Signature (/11 Finance Director udget Director CITY OF NORTH RICHLAND HILLS In order to allow flexibility in the award of the bid, the two projects were combined into three alternative combinations. Alternate "A" was to construct both projects. Alternate "B" deleted the Glenann Drive Drainage Improvements project completely, and Alternate "C" deleted a portion of the Glenann project. Staff's options were limited in reducing the scope of the Main Street project. The design that was bid was the minimum design necessary to improve the Main Street and Marlette Court drainage problems. Therefore, none of the alternates included a "scope of work" reduction to the Main Street project. The project came in over budget in all three alternates. The cause is due to some last minute changes in the amount of pavement, curb and gutter and driveways that would need to be replaced with the installation of the proposed drainage improvements. Originally Main Street was only going to be "patched" over the storm drain improvements and the remaining street overlayed. However, because of utility conflicts, 1/2 of the street will need to be replaced the length of the proposed storm drain improvements. The table below indicates the breakdown of the total bid (Alternate "A") by each project. It also shows the construction budget for each project. Main Street Glenann Drive Alternate "A" Bid $ 967,544.47 $ 212.665.22 $1.180.209.69 BudQet $ 715,800.00 $ 300,000.00 $1.015.800.00 Difference $251,744.74 ($87.334.78) $164.409.69 As shown above, the low bid for the Main Street project came in $251,744.74 over the 2003/04 Capital Projects construction budget. The Glenann Drive project came in $87,334.78 under the construction budget. The additional funds needed to cover the Main Street project can come from project savings that will be recognized from the Walker Branch Channel Improvement project. The Walker Branch Channel project was awarded by Council on September 8, 2003 (PW 2003-013) in the amount of $378,589.00. The construction budget for this project is $750,000.00 which is $371,411 more than the construction bid. Staff is recommending that $300,000.00 be transferred from the Walker Branch Channel project to cover the additional funds needed for construction of the Main Street project. Sufficient funds will be available for the Main Street project with the revisions of the 2003/04 Capital Projects Budget as shown on the attached sheets. Project location maps are also attached for reference. Recommendation: To award the bid for Alternate "A" on the Main StreeUGlenann Drive Drainage Improvements project to Hall-Albert Construction Co. in the amount of $1,180,209.69 and approve the revision to the 2003/04 Capital Improvements Projects Budget as outlined on the attached sheets. CITY COUNCIL ACTION ITEM Page_of _ 08 Jun 0312:8'9:22 Sunday GIS No: flnanca-0176-030604 AML: clp map,aml PLOT: main d.pa AND/OR .rtl fQ IS! \ li.J í _.sY-<t' A ~ ~!:¡: \,,-~ .J1 i ~: !B-MAT-T-DR JA5(Jf-CT I ~ÄVEN-I \ 1 , _~v£'¡-tR ¡¡¡ _~~ .~j\\ ~ ! \ \ f-1- III , ¡ ~ : . l-STEPHAI'£-DR \. ¡ ~-"ADISQ -tR- ~ ~ ~ ~ ........ ~ .. ~ ~~ L-- 1: h " i:1!B n : JPSHI:t4l' . 'e.. J¡;~ .. '-, If!.\-RUTI-£T-TE-tR :!l I ' _Y .....~_: \ ~ I 8Ø"\~ ..---------------------~--1 ø F-sr-'" : ~YJ~' ~ ~ )'v-! ; ç<+- ~ ~\.-v" /' 0 \#"'....~ /" ~ Q 1-STEWART-tR .\~ ?--~ V ¡ L-~a.-RD I , .... ë! ( \RONõATE-DR- : RIJDI.£- DRl I f <.f\ c::a : ~ ¡- ~ ~ : III 9~ ~ ~ I <II '" 'T' a : l2 ~~!B Q : ~M~~'~~ 0«:,- -Ta. CT I ~ Z : ~ CJ') ~WOoos:rAR-DR~ \, ~ ã I ~ : <'.,. E~ ~ ~ ~ \ ~~ I ;p S! .. ,- ~ .... J \ ë! -- I i / I R-T-IN-I3R ~ :~ ~ .(t) ~ ~ \. p: ~ Ii:: -.¡J! !<:c €AR8JNAI:-I:N ~ .. I , , , , , , , , , '- , -..,'---___,,,"--. t' , . " , '\ €-ARI3INAL-I::N , I , , \ \ .. I \ .. \ I , " . ,..J " , , , I , , "- --\", ... \ ~ / '--f)(Jfi\-tRl ..,'f.# o~ en ~Q" ~-RANDy-tR-~ ~~;:J:j ! " O~ I ~ ,.,. 0:: GlENNI'I-tR-z . z OCJ) V)C1:: o± CD ~-DR-Z-(l) CI -'\ CJ) -- -z ~ ~ :::0 -- .£ ::E ~ « , I I I . I , I , ,=ve'" '..."-,"...--..., Scale: 1· = 800' GIS file: åp2_"""""- _ ãlc CIP DJV.INAGE I- en I rr .... ~ c ~ .... -'" \ \ /f ' <. /. i~ ,/%\. "ò \ ¿, f I ~ .~ ë!~AM~13 AMUNdsON Ju,-HDRSE-Ir WLf-fMR-tR~ ~ N C CJ) g¡ Q~ L ~z ...,:. a::: wC!) Z < ~ U 25 ~ o .J. ~ ~ !E i ì i SOJTHGREST-DRJ (j)~ ;p > z 7 :::0 CDi' VAl±S'-¡" I . i ' >- 1 MARTIN pR ~ MARflN I I J MII3-€lflE-S- MID-CITIES BLY MIÐ-€FFIES-B -V131 (/J 3: <D Z Main St. , I -œ-tD.raXn age I,mprovements /'---Ma rlette Ct. to ¡ Chifton Dr. , ~ I :::0 I CD , - : ~ I. rt" Main St. Drainage Improvements Marlette Ct. to Chilton Dr. , \" N w E s N$RTH RICHLAND HILLS 80 Department of Informatlan ServlclI' Geographic Infarmatlon Syatem. (GIS) 10 Jun 03.08:27:15 Tuoaday GIS No: flnance-0176-030604 AML: clp map.aml PLOT: glenann d.p. AND/OR .rtl dJ . H:¡:eWER('-~R_> D R a:¡ ~ n / is I !II CD-UARTH:N * ~ I ~ ill ¿ ª /ß: i ~! ~ :a ~/ f _ ... __\ l i-NAT-T-~ / eRQa<HAVEH·, ~ . \ ~\ Ei-~ .ø ~~ ~l _-=-j' \. \ , \ <It , ~ ï;! : . ~-sro'HANE-~ " ....-..-...~ I 51 ~ i """ ~ ~ ~ ~ , ..........._-, -I f5i 't ....... 1 ~ I i:: ~ !¡; j3: '" ,....-...., !I-RUT1'£TJ'E-[R~ - - -< : '--' t______________________~--~ 'ï I ~<p1:L-sr-~ ! -'4 ;a ~ J: ~ 2 ~ /'\.~ ~ ~ ~ }~ /~~ 0 '\ ~ ",ç,,'\, ! ~ '='-STtWART-DR ~ ~, *,v \ tØffi£ßT~~/ ~~ ~ ¡ L-CANYQ' OF«J ; . I I ~ '\ ! 1 Q..,Q2'--~-DRl ( \JOIGA:rt-~- i ~ o~ 0 I a } -< ~~Q" ~RNÐY-DR-~ i ~-~l 1 ~ ~ ~ t-~ 0"" ~, z- i! :;z ~' C'I CI:: ;; Q£NNI'I-DR::n1~:; ,~~ ¡ ¡ ~ I i ~~¡ ~_ Z : ,C'I~OJMAIN...LS:r- CH:TON CT OCD :. z \ c::: I . !;I ~ I {' ~ ;-~~~~ cz : 'co.... ¡ ~ 2 soumr' -ÐR-z-~ :,.;0 ; ¡:.o¡ I """,CD . 1"""1 C'I I ¡ -z " V ~ ~ ~ ~:D ~~ MARTI ;¡t < ~, ¡ r MAR;¡:IN-ÐR ¡ l ~ '4P. ..... €ARÐINAI=-l:: . >- i!' ¡ JASCfi-eT .... o ¡ 9!- ,~,. .... en ~ :Ii! ~ " \ \ NORn£AST-PARKWA-Y -ARÐINA~N , I I I . I , , MlÐ-el::rtc:-s- '-- rlt;;.~ B/::-VÐ I ,....-;-...--...., MlÐ-€IT-IE5-SI=VÐ M\D-C , I '- , ........,-_..___,/'-. I' '0#, " , , I \. D r a i nag e I mp 5 . \ Sherri -~n..:-lJto ')Walker /'1 t",/ Bra nch.,-€ti'a n nel ~-- I ~ /' C ~ r : > , I ~ ",- . t:!J (I) Gl'ën'a-'n'n-D-r~i Glenann Dr. Drainage Imps. Sherri Ln. to Walker A Branch Channel N w E s N$RTH RICHLAND HILLS Project Location GIS file: åpl_~ PriIIw &Ie: ap DRAINAGE 78 Department of Information Servlc.. - Geographic Information Syatema (GIS) SClle: 1· 2 800' Drainage Capital Projects Walker Branch Channel Improvements (Jerri Jo to Harwood) 99-20-50-004 PROJECT DESCRIPTION & JUSTIFICATION This project consists of constructing a gab ion-lined channel with earthen bottom from Harwood Rd. to Jerri Jo. The project will need to meet the Section 404 Permitting requirements through the U.S. Army Corps of Engineers. Extensive time will be involved getting approval from the Corps of Engineers because of the "Natural" condition of the existing channel. This project will be completed along with Glenann Drive Drainage Improvements and Main Street Drainage Improvements. This project will mitigate flooding for adjacent property owners. In addition some of the property adjacent to the channel could be removed out of the 1 OO-year flood plain after approval by FEMA. Note: The $41,093 in "reserves" represent personnel cost related to the project and will be funded from unspecified project savings. PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Engineering/Design 10/1999 n/a 03/2003 n/a Construction 09/2003 n/a 07/2004 n/a REVISION EXPLANATION The bids for this project came in considerably lower than estimated in the budget. This is because of the reduction of scope required by the Corps of Engineers. It is being proposed that the savings from this project will be used on another project (Main Street Drainage Improvements 96-02-64-011) where bids came in over the amount that was budgeted. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: G.O. Bonds, Series 1999 ('94 Prog.) $300,000 $0 $0 $0 $300,000 G.O. Bonds, Series 2000 ('94 Prog.) 600,000 0 0 0 600,000 Reserves (Unspecified Savings) 0 41,093 41,093 0 41,093 Proposed Funding Revision: G.O. Bonds, Series 2000 ('94 Prog.) 0 0 (300,000) 0 (300,000) (Trnsfr. to Main Street Drain. Imp.) Total $900,000 $41,093 $0 $641,093 Project Expenditures Engineering $100,000 $0 $0 $0 $100,000 Land/Right-of-Way 50,000 0 0 0 50,000 Construction 100,000 650,000 350,000 0 450,000 Other 0 41,093 41,093 0 41,093 Total $250,000 $691,093 $391,093 $0 $641,093 IMPACT ON OPERATING BUDGET Nominal impact is expected. Annual Operating Impact Pro-ected Drainage Capital Projects Main Street Drainage Improvements (Marlette to Chilton) 96-02-64-011 PROJECT DESCRIPTION & JUSTIFICATION This project consists of providing drainage improvements for Main Street and Woodstair Drive. The improvement for Main Street consists of constructing a parallel storm drain from the Walker Branch Channel to Chilton Drive. Storm drain improvements proposed for Main Street involve constructing approximately 800 feet of box culvert and 1,300 feet of Reinforced Concrete Pipe (RCP). In addition to the RCP, curb inlets and junction boxes will be required. In 1995, the city received several days of heavy rains. There were many residents in the city that experienced flooding. Some of the residents lived along Marlette Ct. This project is being done in order to minimize the chances of homes that are located on Marlette Ct. from flooding. Note: the $ 7,753 in "reserves" represent personnel cost related to the project and will be funded from unspecified project savings. PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Engineering/Design 09/2000 n/a 03/2003 n/a Construction 09/2003 n/a 07/2004 n/a REVISION EXPLANATION The bids for this project came in extremely higher than what was originally budgeted" It is being proposed that funds be taken from Walker Branch Channel Improvements (99-20-50-004) savings to cover the cost of this project. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: G.O. Bonds, Series 1996 ('94 Prog.) $330,500 $0 $0 $0 $330,500 Certificates of Obligation, 1996 335,000 0 0 0 335,000 Utility Operations for CIP 89,500 0 0 0 89,500 Reserves (Unspecified Savings) 0 7,753 7,753 0 7,753 Proposed Funding Allocations: G.O. Bonds, Series 2000 ('94 Prog.) 0 0 300,000 0 300,000 (Transfer from Walker Branch Channel Improvements) Total $755,000 $7,753 $307,753 $0 $1,062,753 Project Expenditures Engineering $75,000 $0 $0 $0 $75,000 Land/Right-of-Way 0 0 0 0 0 Construction 180,000 500,000 800,000 0 980,000 Other 0 7,753 7,753 0 7,753 Total $255,000 $507,753 $807,753 $0 $1,062,753 IMPACT ON OPERATING BUDGET Maintenance and other operating expenditures will be nominal during the first 5 to 10 years. Annual Operating Impact Pro"ected ,. CITY OF NORTH RICHLAND HILLS Department: Planninç¡ & Inspections Department Council Meeting Date: 10/13/03 Subject: Approve Ordinance AmendinQ the Subdivision Ordinance Agenda Number: GN2003-122 regarding the location of above ground appurtenances in residential areas. Ordinance No. 2737 Summary: In recent months Oncor has begun a program whereby electrical services for new residential subdivisions are provided from the front of a lot as opposed to the traditional rear service. Although individual service drops are underground, this policy has led to the placement of electrical transformers in the front yard of some lots throughout a subdivision. According to Oncor the purpose for this policy is to increase serviceability of replacing or working on transformers when service problems occur. This service/easement issue was brought to the Council's attention several months ago when the Final Plat for Iron Horse Addition, Phase II was placed on the Council's agenda for consideration. Although this subdivision plat was approved by Council with the front yard easements, Council directed staff to bring the issue to the Planning and Zoning Commission for discussion and recommendation. Oncor, staff and the Planning and Zoning Commission have discussed the issue at several Commission meetings over the past few months. Staff researched several nearby cities for similar ordinances and found that the City of Euless had experienced the same aesthetic issue and had revised their Subdivision Code to regulate the location of above ground electrical transformers. The attached proposed Ordinance is modeled after the Euless Ordinance. This ordinance, in its basic form, would require all residential utilities to be placed underground unless there are technical, environmental or economic reasons where this cannot be accomplished. In those situations, any above ground utility appurtenances (transformer boxes) will be required to be placed along the rear of the lot. This Subdivision Ordinance revision was most recently recommended for approval by the Planning Commission at their October 2nd meeting. Following the Planning and Zoning Commission's recommendation, Oncor submitted a request, which has been provided in this packet, to provide an alternative to the recommendation of the Planning and Zoning Commission to require any above ground transformer boxes to be located behind the building set-back line versus the rear of the property. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Account Number Sufficient Funds Available Finance Director ~~(~ 1Y City M,n'" gn"'"co GN 2003-122 0" · ~. .- CITY OF NORTH RICHLAND HILLS Attached is a letter from Oncor outlining this option to the Planning and Zoning Commission's recommendation. This option would permit above ground appurtenances (for all utilities) in the front of a lot only if located behind the front building line. The appurtenances would be placed within an easement along the common side property line between two residences. This option would remove above ground appurtenances from the very front of a lot (current Oncor policy) thereby reducing the appurtenance's visibility and aesthetic impact from the street. Oncor has stated that the costs for providing such facilities at the building line would be approximately the same as that of front yard, but that rear locations would be a greater cost to developers. Some developers have expressed interest in rear or building line locations but have been concerned about costs. The Planning and Zoning Commission has not specifically reviewed this most recent option provided by Oncor, but did review various concepts and variations in their meetings prior to recommending rear location of above ground equipment. Planning and Zoning Commission Recommendation: To approve Ordinance No. 2737 for rear locations for above ground utility appurtenances. . . . 6§9R Octo ber 9, 2003 Oncor Electric Delivery Company P.O. Box 970 Fort Worth, TX 76101-0970 Mr. Larry Cunningham, City Manager City of North Richland Hills P. O. Box 820609 North Richland Hills, TX 76182-0609 Dear Larry: We appreciate the opportunity to provide input regarding our concerns about the proposed ordinance that the Planning & Zoning Commission has submitted to council for approval. The proposed ordinance addresses changes to both the Subdivision Ordinance and the Right-of-Way Ordinance. Oncor feels strongly that the amendment to the Right- of-Way Ordinance should be excluded fÌ'om this proposed ordinance as the proPQsed changes relate only to residential subdivisions and not to the City's public rights-of-way. In order to reach a mutually acceptable agreement regarding the location of underground facilities, Oncor offers the following comments as they relate to the Subdivision Ordinance only: 1. Front lot utilities, including electric primary conductors and secondary conductors, shall be allowed if installed underground. All above ground appurtenances including transformers shall be located behind the front set back line within side lot utility easements of new residential subdivisions. 2. Front lot utilities including electric and gas, when practical, shall utilize a joint trench as part of the subdivision utility infÌ'astructure design. 3. Side lot line utility easements shall be designed so as to be incorporated in the plans and design of side lot driveways for new residential construction. All above ground appurtenances including electrical transformers shall be positioned within the easement on a concrete pad abutting the end of the driveway behind the front set back line. 4. All facilities necessary to provide service to electrical transformers including primary conductors, secòndary conductors and service wires shall be placed underground within aten foot wide utility easement parallel and adjoining side lot property lines. 5. Access to above ground utility appurtenances shall be provided by the side lot paved utility easement. If the 1 Oxl 0 foot transformer pad site is screened or fenced, gated access to transformer must be provided. · · · 6. In instances where the allowable utility expenditure per lot is exceeded, developers or builders shall pay the difference in the cost of installing utility inftastructure. 7. Nothing herein shall be construed as to require utilities to "underground" existing or new electric facilities or prohibit the upgrading, reconstruction or reconductoring of existing overhead facilities in the City's public rights-of-way. Oncor is a regulated utility, and it is imperative that we provide safe and reliable electric service. Access, design and operation of our facilities must be consistent across our system. We feel these changes will help the City and Oncor reach a mutually acceptable agreement. We would welcome the opportunity to make comments and answer questions from the council at Monday night's meeting. Sincerely, JJ¡~Æ¿~ Marilyn' ACKmann Area Manager · m' ;0 ~ Co , 0 co I ::E -< CD 0 , c: m - ::¡ (f ~I CD ~ < , I CD m 3 0- CD co ::¡ I CD - 0 - ìJ ..., 0 -0 CD ..., -< m ~ q t\) q en x (J) CD ã: 3 ~ CD CD q ::J -I ï - g. ..., w m ::J w ä- (f ..., CD 3 3 CD CD ..., ;l / · ... -. o ;:;1 · T +.-.-. . --- .-.-- .-.-.-.-.- ...... ...... o . -. - .-.-. .-.-.... ~ · 2 4 6 8 10 12 14 16 18 20 22 · 24 26 28 30 32 34 36 38 40 42 44 · ORDINANCE NO. 2737 AN ORDINANCE AlVIENDING THE NORTH RICHLAND HILLS, TEXAS, SUBDIVISION ORDINANCE AND THE ORDINANCE GOVERNING CONSTRUCTION IN PUBLIC RIGHTS OF WAY TO REQUIRE ELECTRIC, TELECOMMUNICATIONS AND CABLE TV FACILITIES IN NEW SUBDIVISIONS BE PLACED UNDERGROUND AND REQUIRING THAT ANY ABOVE GROUND APPURTENANCES BE PLACED ALONG REAR LOT LINES UNLESS UNFEASIBLE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has recommended that electric, telecommunications and cable television facilities in new subdivisions be placed underground and that any above-ground appurtenances be located along rear lot lines; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 330 of Subdivsion Ordinance No. 1982, and Section 6.B of Construction in Public Rights of Way Ordinance 2464 are hereby amended by adding thereto the following "In new residential subdivisions, electric, telecommunications and cable television facilities, including new service drops, shall be placed underground. Above-ground appurtenances and equipment, and, ifpennitted, above-ground facilities shall be placed along rear lot or tract lines. The developer of the effected property may appeal the above requirements to the Planning and Zoning Commission at the preliminary plat stage based upon the requirement not being technically environmentally or economically feasible. Fire hydrants and traffic signal controllers are exempted from the rear lot or tract line requirement with passage ofthis section. City will work diligently with facility owner, developer and affected property owners during the zoning and platting processes of new subdivisions to ensure reasonable equipment access to facilities along rear lot or tract lines will be available. When facilities are to be placed along rear lot or tract lines, before construction of facilities commences, the easement shall be reduced to final grade, at developer's sole cost and expense. Additionally, if such easement is located with a floodplain, the entire surface ofthe easement shall be raised above the floodplain elevation, at developer's sole cost and expense, before construction of the facilities commences. The necessity for removal of minimal fencing and/or landscaping within easements to pennit the replacement of facilities, appurtenances, and equipment is considered to be within the definition of reasonable access. Where no such access can be made available, facility owner and developer shall make reasonable efforts to place above-ground facilities, appurtenances and equipment in the least visible areas of the street rights-of-way and street yards that are consistent with reasonable city standards. Sight visibility easements and horizontal clear triangles are not appropriate locations for the placement of above-ground facilities, Ordinance No. 2737 Page 1 of 3 . . . 2 4 6 8 10 12 14 16 18 20 22 24 appurtenances and equipment as they would create safety concerns by blocking or impairing the visibility of vehicular traffic." Section 2: Section 3: Section 4: Section 5: Any person, finn or corporation violating any provision ofthis ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. This ordinance shall be in full force and effect immediately upon passage. 26 AND IT IS SO ORDAINED. 28 Passed on the 13th day of October, 2003. 30 CITY OF NORTH RICHLAND HILLS 32 34 36 38 40 42 44 ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary , I ! I I I I I I II Ordinance No. 2737 Page 2 of 3 .2 . . 4 6 8 10 APPROV D S TO FORM AND LEGALITY: APPROVED AS TO CONTENT: Department Head Ordinance No. 2737 Page 3 of 3 · 2 4 6 8 10 12 14 16 18 20 22 · 24 26 28 30 32 34 36 38 40 42 · 44 ORDINANCE NO. 2737 '.'.¡..' AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS, TEXAS, SUBDIVISION ORDINANCE AND THE ORDINANCE GOVERNING CONSTRUCTION IN PUBLIC RIGHTS OF WAY TO REQUIRE ELECTRIC, TELECOMMUNICATIONS AND CABLE TV FACILITIES IN NEW SUBDIVISIONS BE PLACED UNDERGROUND EXCEPT AS SPECIFICALLY ALLOWED HEREIN, AND REQUIRING THAT ANY ABOVE GROUND APPURTENANCES BE PLACED ALONG REAR LOT LINES UNLESS UNFEASIBLE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has recommended that electric, telecommunications and cable television facilities in new subdivisions be placed underground and that any above-ground appurtenances be located along rear lot lines; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 330 of Subdivision Ordinance No. 1982, and Section 6.B of Construction in Public Rights of Way Ordinance 2464 are hereby amended by adding thereto the following In new residential subdivisions: Except as provided below, electric, telecommunications and cable television facilities, including new service drops, shall be placed underground absent a reasonable demonstration to the Planning and Zoning Commission at the preliminary plat stage by the facility owner, developer or affected property owner that this requirement is not technically, environmentally, or economically feasible. Above-ground appurtenances and equipment, and, if permitted, above-ground facilities shall be placed along rear lot or tract lines. Fire hydrants and traffic signal controllers are exempted from the rear lot or tract line requirement with passage of this section. City will work diligently with facility owner, developer and affected property owners during the zoning and platting processes of new subdivisions to ensure reasonable equipment access to facilities along rear lot or tract lines will be available. When facilities are to be placed along rear lot or tract lines, before construction of facilities commences, the easement shall be reduced to final grade, at developer's sole cost and expense. Additionally, if such easement is located with a floodplain, the entire surface ofthe easement shall be raised above the floodplain elevation, at developer's sole cost and expense, before construction of the facilities commences. The necessity for removal of minimal fencing and/or landscaping within easements to permit the replacement of facilities, appurtenances, and equipment is considered to be within the definition of reasonable access. Where no such access can be made available, facility owner and developer shall make reasonable efforts to place above-ground facilities, appurtenances and Ordinance No. 2737 Page 1 of 3 K:\Ordinances (WORD)\Ordinance No. 2737 - Oncor Version.wpd . 2 4 6 8 10 12 14 16 18 20 22 . 24 26 28 30 32 34 36 38 40 42 44 . equipment in the least visible areas of the street rights-of-way and street yards that are 1 ~. ..-: ," '", . ,"-"'} :.. "-',. "i-"~ ",' ", '-', .. :/~ /"'-', . < /"~:"'" '," .k' consistent with reasonable citY standards. SightYiSibifif¥ easements and horizontal clear triangles are not appropriate locations for the placement of above-ground facilities, appurtenances and equipment as they would create safety concerns by blocking or impairing the visibility of vehicular traffic." 1. Front lot utilities, including electric primary conductors and secondary conductors, shall be allowed if installed underground. All above ground appurtenances including transformers shall be located behind the front set back 1 ine within side lot utility easements of new residential subdivisions. 2. Front lot utilities including electric and gas, when practical, shall utilize ajoint trench as part ofthe subdivision utility infÌastructure design. 3. Side lot line utility easements shall be designed so as to be incorporated in the plans and design of side lot driveways for new residential construction. Above ground appurtenances including electrical transformers maybe positioned within the easement on a concrete pad abutting the end ofthe driveway behind the fÌont set back line. 4. All facilities necessary to provide service to electrical transformers including primary conductors, secondary conductors and service wires shall be placed underground within a ten foot wide utility easement parallel and adjoining side lot property lines. 5. Access to above ground utility appurtenances shall be provided by the side yard utility easement. If the transformer pad site is screened or fenced, gated access to transformer must be provided. 6. Nothing herein shall be construed as to require utilities to "underground" existing or new electric facilities or prohibit the upgrading, reconstruction or reconductoring of existing overhead facilities in the City's public rights-of-way. Section 2: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the city council without Ordinance No. 2737 Page 2 of 3 K:\Ordinances (WORD)\Ordinance No. 2737 - Oncor Version.wpd . 2 4 6 8 10 12 14 16 18 20 22 . 24 26 28 30 32 34 36 - the incorpor~tioniIl this ordinance.of ~Y: such invalid phrase, clause, sentence, paragraph or's.ectioil., -.' Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed on the 13th day of October, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Ordinance No. 2737 Page 3 of 3 K:\Ordinances (WORD)\Ordinanee No. 7.737 - Orreor Version.wpd .- · · · 2 ORDINANCE 4 AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS, TEXAS, SUBDIVISION ORDINANCE AND THE ORDINANCE GOVERNING CONSTRUCTION IN PUBLIC RIGHTS OF WAY TO REQUIRE ELECTRIC, TELECOMMUNICATIONS AND CABLE TV FACILITIES IN NEW SUBDIVISIONS BE PLACED UNDERGROUND EXCEPT AS SPECIFICALLY ALLOWED HEREIN, AND REQUIRING THAT ANY ABOVE GROUND APPURTENANCES BE PLACED ALONG REAR LOT LINES UNLESS UNFEASIBLE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6 8 10 12 14 WHEREAS, the Planning and Zoning Commission has recommended that electric, telecommunications and cable television facilities in new subdivisions be placed 16 underground and that any above-ground appurtenances be located along rear lot lines; NOW, THEREFORE, 18 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, 20 TEXAS: 22 Section 1: THAT Section 330 of Subdivision Ordinance No. 1982, and Section 6.B of Construction in Public Rights of Way Ordinance 2464 are hereby amended by adding thereto the following 24 26 In new residential subdivisions:- 28 E.M,,~pt ~ ploviJ~J 'udvw, electric, telecommunications and cable television facilities, including new service drops, shall be placed underground except as specifically allowed by numbered sections 1. throu~ 6. below and shown on a preliminary plat at the initial review of the Plannini: and Zonini: Commission. Clb:S~llL Cll~Cl:svlmLl~ J~llIVll:sltClt~Vll tv Lh~ PICll111~ll~ CluJ ZVll~ll~ CUlll111~:S:S~Vll at th~ pld~lll~muy plat :sLCl~~ Ly th~ fa\"a~ty VWW.~I, J~v dVp~1 VI aff~\"L~J pI Vp~1 t y V W 1l~1 tlmt tlti:s 1 ~y U~1 ~lll~llt ~:s llVt t~dlll~\"àll y, ~ll V ~1 Vlllll~lÌtall y, VI ~WllVlll~~.dly f~a:s~bk Above-ground appurtenances and equipment, and, if pennitted, above-ground facilities shall be placed along rear lot or tract lines. Fire hydrants and traffic signal controllers are exempted rrom the rear lot or tract line requirement with passage of this section. City will work diligently with facility owner, developer and affected property owners during the zoning and platting processes of new subdivisions to ensure reasonable equipment access to facilities along rear lot or tract lines will be available. When facilities are to be placed along rear lot or tract lines, before construction of facilities commences, the easement shall be reduced to final grade, at developer's sole cost and expense. Additionally, if such easement is located with a floodplain, the entire surface ofthe easement shall be raised above the floodplain elevation, at developer's sole cost and expense, before construction of the facilities commences. The necessity for removal of minimal fencing and/or landscaping within easements to pennit the replacement of facilities, appurtenances, and equipment is considered to be within the 30 32 34 36 38 40 42 44 Ordinance No. 2737 Page 1 of 3 Oneor Version - REVISED . 2 4 6 8 10 12 14 16 18 20 22 . 24 26 28 30 32 34 36 38 40 42 44 e definition of reasonable access. Where no such acc c~ ~e : íIijiqeia¡yai~ÐJe, facility owner and develope1:,$~~Bn:iàke'œasona1ilè£ífe1!ts 1biplace a ji:oimdÍ~liIè~LaPpurtenances and equipment in the least visible areas of the street rights-of-way and street yards that are consistent with reasonable city standards. Sight visibility easements and horizontal clear triangles are not appropriate locations for the placement of above-ground facilities, appurtenances and equipment as they would create safety concerns by blocking or impairing the visibility of vehicular traffic." 1. Front lot utilities, including electric primary conductors and secondary conductors, shall be allowed if installed underground. All above ground appurtenances including transfonners shall be located behind the front set back line within side lot utility easements of new residential subdivisions. 2. Front lot utilities including electric and gas, when practical, shall utilize a joint trench as part of the subdivision utility infrastructure design. 3. Side lot line utility easements shall be designed so as to be incorporated in the plans and design of side lot driveways for new residential construction. Above ground appurtenances including electrical transfonners maybe positioned within the easement on a concrete pad abutting the end of the driveway behind the front set back line. 4. All facilities necessary to provide service to electrical transfonners including primary conductors, secondary conductors and service wires shall be placed underground within a ten foot wide utility easement parallel and adjoining side lot property lines. 5. Access to above ground utility appurtenances shall be provided by the side yard utility easement. If the transfonner pad site is screened or fenced, gated access to transfonner must be provided. 6. Nothing herein shall be construed as to require utilities to "underground" existing or new electric facilities or prohibit the upgrading, reconstruction or reconductoring of existing overhead facilities in the City's public rights-of-way. Section 2: Any person, finn or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any ofthe Ordinance No. 2737 Page 2 of 3 Oncor Version - REVISED . 2 4 6 8 10 12 14 16 18 20 22 . 24 26 28 30 32 34 36 38 - 1:I·rf~.~~!1:i~~JPh(~~s,,,~l!l~S~~'I..~enten~~'~~1'1~~pr~~¡¡r8f ections of this . < ..<>To.~e,Í;inc~·tliê:;Jâindwóûlo. haveE:ëdl.en~teäS1Iie council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed on the 13th day of October, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Ordinance No. 2737 Page 3 of 3 Oncor Version - REVISED · CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date: 10/13/03 Subject: Consideration of a Request from Graham Ranch Partners Agenda Number: PS 2003-37 Limited To Approve the Final Plat of Graham Ranch Phase 1 Addition Located in the 7000 block of Hightower Drive (54.70 acres) Case Summary: A preliminary plat including both Phase One and Phase Two of Graham Ranch (ref. PS 2003- 12) was approved by the Planning and Zoning Commission in April of this year. Lot Size Exceptions: The proposed final plat includes several cul-de-sac lots that do not meet the required minimum lot width of 72.5' (at the building line). The applicant's engineer submitted an Exceptions Plan to the Planning and Zoning Commission with the preliminary plat showing residential building footprints for each of these lots and a letter requesting approval of the lots as proposed. The Planning and Zoning commission approved these lot exceptions on April 1 ih of this year. Current Zoning: The area included in both phases of the proposed Graham Ranch Addition was rezoned to "R- 2" Residential in February (ref. PZ 2002-42). Thoroughfare Plan: The site has frontage on Hightower Drive, currently a four lane, undivided, collector street (68' ROW). This current configuration is consistent with the Thoroughfare Plan designation. There are no proposed local street connections to the adjacent Richfield Subdivision. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the entire site. The proposed development is consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the approved preliminary plat for this site. All staff comments have been satisfied. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Account Number Sufficient Funds AVaIlable {(J. Finance Director CITY OF NORTH RICHLAND HILLS Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on September 11, 2003 recommended approval of PS 2003-37 by a vote of 5-0 with the following stipulation: 1) That the 10-ft utility easements shown on the front of the lots not be required. The intent of this stipulation was to avoid the placement of above ground electrical transformers or any other above ground utility appurtenances at the front of a residential lot. Should Council approve the option for above ground appurtenances as proposed by Oncor (ref GN 2003-122), the Planning and Zoning Commission's recommendation should be altered to reflect the Council's decision. Oncor has stated that this change in location of above ground appurtenances (behind the front building line) will not increase utility costs. Recommendation: To Approve PS 2003-37 the Final Plat of Graham Ranch Phase I Addition. Review Schedule: Application: 7/14/03 Final Hearing: 10/13/03 Total Review Time: 13 weeks CITY COUNCIL ACTION ITEM I T 1\. ¡¡:: ~ I 'C "'. '"" i"'.... ~ I I-- ~, - £,; I--- I ~'[.:::~11( ~I I - ~'i IJ % - ~ ¡ ~ m, f::: ~ l ,"<it \ê / ~ ;;i< C77 ", h I .i , , , , . . L , , !' ! . ,i 'H- .i . . . , ..' , + . "., ii' "" , . ,: ,. , .. " ( " , , '. , . ' i ; ,i ,';!;} '.' ,C: IIli ,; · 'l"~t~¡~I: ,.' 'i,i . , .i,"i . . ',; , , . . " i; J ~ I 1/ I-- L ,...-'-- \ IJ/ " - :::Rf( Il'iD~ I-- ~ = 1~~ - '~ - - : f-- =i - - ---' - I--- - - '-- I--- - f-- :-- -. - - :-- = - - f-- .œ~ f-- f-- - r I-- , . I-- - r D\- IF- ~ ,',~ ,~ ',,'ii" >,"Vi i' 0, I -f=i r t::1 - 0.- r--- , III I 1 'i-- ~ Þ,;" ,~ N NRH A PS 2003-38 FINAL PLAT GRAHAM RANCH PHASE I Prepared by Planning 09-10-03 , , . . . PS 2003-37 CONSIDERATION OF A REQUEST FROM GRAHAM RANCH PARTNERS LIMITED TO APPROVE THE FINAL PLAT OF GRAHAM RANCH PHASE I ADDITION LOCATED IN THE 7000 BLOCK OF HIGHTOWER DRIVE (54.70 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. The Commission has seen this property in the past in regards to a zoning change and the preliminary plat. This is Phase I, which includes the area between the drainage channel that runs east and west and north to Hightower Drive. Staff has provided a letter from Public Works stating that all of Staffs issues have been met. Staff recommends approval of PS 2003-37. Mr. Laubacher stated that when this plat came before the Commission as a zoning change, there was some concern from the residents to the south. The residents didn't want to be connected to this development. This current plat doesn't show the connection. Mr. Green stated that was correct. The streets mentioned were those that connected the adjacent subdivision on the southern portion of the plat. The developer did remove them in order to keep the subdivisions separate. Mr. Davis asked Mr. Wood if the entrance walls were going to be similar to those that Mr. Wood has built in the past. Mark Wood, the developer, came forward. Mr. Wood responded yes, that there would be a masonry wall on both Hightower Drive and Chapman Road. Mr. Davis stated that the drainage and common open space will be maintained by the Homeowner's Association. Mr. Davis is hoping to see some trails or walking paths through there. Mr. Wood stated that on the homeowner's side a sidewalk trail will be built along the entire distance of the drainage and common area, as well as some other amenities such as landscaping and benches. There were no other comments and Vice Chairman Schopper called for a motion. James Laubacher, seconded by Ken Sapp, motioned to approve PS 2003- 37 subject to the engineer's comments with the recommendation that the 10-ft. utility easements shown on the front of the lots not be required. The motion carried unanimously (5-0). . . NI~H CITY OF NORTH RJCHLAI"\jD HILLS . Public Works / Administration August 21 , 20~3 MEMO TO: Donna Jackson, Planner FROM: Andrea Roso Jobe, EIT, Engineer Associate RE: GRAHAM RANCH - PHASE 1 Final Plat PS 2003-37 Public Works has reviewed the Final Plat submitted to this office on July 21, 2003. All of Public Works' comments have been addressed. We recommend that the Preliminary Plat be placed on the next available Planning and Zoning Commission meeting. Cc: Lance Barton, P.E., Assistant Director Public Works Dave Green, Zoning Coordinator Steve Miller, RPLS; Miller Surveying, Inc. (via fax 817-577-0972) . . PO. Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 10/13/03 Subject: Consideration of a Request from Whispering Oaks Ltd. to Agenda Number: PS 2003-42 Approve the Final Plat of Whispering Oaks Addition Located in the 700 block of Eden Road (10.3 acres) Case Summary: The purpose of this plat is to prepare the site for single family residential development. This plat proposes 37 lots for "R-2" development. The minimum lot size requirements are 9,000 square feet with a minimum required house size of 2,000 square feet. A preliminary plat (ref. PS 2003-19) for this site was approved by the Planning and Zoning Commission June of this year. Current Zoning: A portion of the site was rezoned to "R-2" Residential (ref. PZ 2003-06) in April. The entire site encompassed by the plat is zoned "R-2" Residential. Thoroughfare Plan: All streets proposed within the subdivision are local in nature. The subdivision will have a single access point onto Eden Road (currently a two lane road). Eden Road is a proposed 4- lane, undivided collector street of 68' ROW on the Thoroughfare Plan. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the area. The proposed subdivision is consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the approved preliminary plat for this site. All staff comments have been satisfied. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on September 11, 2003 recommended approval of PS 2003-42 by a vote of 5-0 with the following stipulation: 1) That the 10-ft utility easements shown on the front of the lots not be required. The Commission's stipulation is identical to that placed on the Graham Ranch Phase I plat Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds A va1lal>le l:;.J Finance Director CITY OF NORTH RICHLAND HILLS (ref. PS 2003-37) and for the same reasons. As with the Graham Ranch Phase I Plat, approval of this plat should be altered to reflect Council's decision concerning Oncor's utility location proposal. Recommendation: To Approve PS 2003-42 the Final Plat of Whispering Oaks Addition Review Schedule: Application: 8/11/03 Final Hearing: 10/13/03 CITY COUNCIL ACTION ITEM Total Review Time: 9 weeks 7"-'7- I~ I \ ~ ¡;L \ -L- I "\ ~~" ~. ~.""'~~ ~-...,tj'il,l~ ';~~ï I~I" , ~ , ,c I-- :<.: --- ~l{r '~ I, ~ ~ >...- ~- - - f-- - -r->...- ~_ - ~-- - ~-- >...- ~ - r-- - f-- ,\ \ ,~é'" - ~ 7, - iI' ìJj" " 1 I ~~ 'fff í ~~~ __ I FI ] !oNIt-·" ~<.~ c2 ~ ~ , , ~\ /~ = f-- '-, "I -r v - 'rJJ~ ~, .~~~~ ILI ':'" - - r{;> ~ ~~~ - ..... IT i I5iJ I ~ I ~ - - -- - I-- L-. t-- t-- .....-- I--- L~ [ ~ ~ '. L...--- ' ~ -~ ..... \--1-" ~ ~ W~ 4 \ \ ~ ~ ;Q \ \ I I I \ " \ 0 ,,- \ '" T 0'= -1\C jf~~~ ~ NI~H - - ~~ .- '"'" lIT -i ~ '\. c ~ I 1~,..Iy I- N A PS 2003-42 FINAL PLAT WHISPERING OAKS LOTS 1-29, BLOCK 1 LOTS 1-8, BLOCK 2 . . . PS 2003-42 CONSIDERATION OF A REQUEST FROM WHISPERING OAKS, LTD. TO APPROVE THE FINAL PLAT OF LOTS 1-29, BLOCK 1 AND LOTS 1-8, BLOCK 2 WHISPERING OAKS ADDITION LOCATED IN THE 7000 BLOCK OF EDEN ROAD (10.3 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. The applicant is proposing to build 37 single-family detached residential homes. Staff has provided a letter from Public Works stating all comments have been addressed. Staff recommends approval. Vice Chairman Schopper called for a motion. Richard Davis, seconded by Brenda Cole, motioned to approve PS 2003-42 with the recommendation that the 10-ft utility easements not be required on the front building line. The motion carried unanimously (5-0). Ni~H CITY OF NORTH RICHLAND HILLS . Public Works I Administration August 21,2003 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate SUBJECT: Whispering Oaks Final Plat, PS2003-42 Public Works has reviewed the Final Plat submitted to this office on August 20,2003. All of Public Works' requirements have been met. We recommend placement on the next Planning and Zoning meeting agenda. . I1.b-- eer Associate cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Zoning Administrator Steve Miller, R.P.L.S., Miller Surveying . CLW/pwm2003-184 PO. Box 320609 " North Richland Hills, Texas 76182-0609 7301 NOr1heast Loop 820 " (817) 427-6400 " Fax (817) 427-ô404 ,¡ CITY OF NORTH RICHLAND HILLS Department: Planninq & Inspections Department Council Meeting Date: 10/13/03 Subject: Public HearinQ to Consider a Request from J & J NRH Agenda Number: PZ 2003-12 100 Family Limited Partnership for a Zoning Change from "C-2" Commercial to "R-2" Residential Located in the 7500 Block of North Tarrant Parkway (6.5 acres approx.) - Ordinance No. 2745 Case Summary: The applicant is proposing to rezone a portion of the Northeast corner of the intersection of North Tarrant Parkway and Smithfield Road from the existing "C-2" Commercial zoning to "R-2" Residential zoning for the purpose of developing a small (22 lots) residential subdivision. Plat Status: The Preliminary Plat for Brandonwood III Addition was approved by the Planning and Zoning Commission on September 11th. Existing Land Use/Site Attributes: The site is currently vacant with grass as the primary vegetation. TXU Overhead Transmission Lines: As shown on the attached drawing submitted by the applicant, two small areas proposed for residential zoning/development (one along Smithfield Road and the other along North Tarrant Parkway) are heavily impacted by a TXU overhead transmission line easement. This impact will limit or prevent any secondary use of these areas such as swimming pools, out-buildings, playgrounds ... etc. or other activities normally associated with residential development. Thoroughfare Plan: The site is located near the intersection of North Tarrant Parkway, a six-lane, divided, principal arterial of 200' ROWand Smithfield Road, a four lane, undivided, collector street of 68' ROW. The site has frontage along both streets. Comprehensive Plan: The Comprehensive Plan indicates retail commercial uses for this area surrounding the intersection of North Tarrant Parkway and Smithfield Road. The proposed use is not consistent with the Plan, however, it does reflect a recent community-wide trend toward Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget t e Account Number Sufficient Funds Available Finance Director PZ 2003-12 Brandonwood III CITY OF NORTH RICHLAND HILLS reducing identified commercial areas for residential use. Adjacent Zoning/Land Use: North: "R-2" Single family subdivision East: "R-2" / Single family subdivision South: "C-2" / Vacant West: City of Keller Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, September 11, 2003, recommended approval of PZ 2003-12 by a vote of 5-0. RECOMMENDATION: To approve Ordinance No. 2745 2 ORDINANCE NO. 2745 ZONING CASE PZ 2003-12 .4 6 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 6.5 ACRE TRACT OF PROPERTY FROM C-2 (COMMERCIAL) TO R-2 (RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 8 10 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 10 days before such hearing; and, 14 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 hearing; and, 18 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 and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 22 24 .6 WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens ofthe City of North Richland Hills; NOW, THEREFORE, 28 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 ofthe City of North Richland Hills are hereby amended by rezoning a 6.5-acre tract ofland located in the 7500 Block of North Tarrant Parkway, in North RicWand Hills, Tarrant County, Texas, and more particularly described on Exhibit "A" attached hereto, from C-2 (Commercial) to R-2 (Residential) zoning. 34 36 38 Section 2: Any person, finn or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 40 42 . Ordinance No. 2745 Page 1 of2 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. 2 . Section 4: This ordinance shall be in full force and effect immediately after passage. 6 AND IT IS SO ORDAINED. 8 PASSED on this 13th day of October, 2003. 10 CITY OF NORTH RICHLAND HILLS 12 14 By: 16 Oscar Trevino, Mayor 18 ATTEST: 20 22 Patricia Hutson, City Secretary 24 .6 APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney 28 30 APPROVED AS TO CONTENT: 32 34 Department Head . 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NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2003-12 J & J NRH 100 Family Limited Partnership 7500 North Tarrant Parkway (NE corner of North Tarrant Parkway and Smithfield Road) 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 J & J NRH 100 Family Limited Partnership to rezone the above property from "C-2" Commercial District 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: Public Hearing Date: CITY COUNCIL MONDAY, OCTOBER 13,2003 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: 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 200' Buffer DENISE CT : EWOOD ~ Ð o CJ) ~ o o a:: en J: ~ « CJ) N A NRH PZ 2003-12 RE-ZONING NORTHEAST PORTION OF 7500 NORTH TARRANT PARKWAY C-2 TO R-2 Prepared by Planning 06-27-03 o 200 400 600 800 1000 Feet I · . . J> FORTE, ALLEN N ETUX JANICE M BILLNER, WILLIAM J III GRISHAM, ANDY ETUX TWANA 7821 HEATHERBROOK CT 7817 HEA THERBROOK CT 7813 HEATHERBROOK CT NORTH RICHLAND HILLS TX FORT WORTH TX NORTH RICHLAND HILLS TX 7.0-1031 76180-1031 76180-1031 WEST, MICHAEL S ETUX MUELLER, BRETT K ETUX LARGE, JAKE ETUX ERIN LARGE BELINDA J CAROLYN 7801 HEA THERBROOK CT 7809 HEA THERBROOK CT 7805 HEA THERBROOK CT NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX FORT WORTH TX 76180-1031 76180-1031 76180-1031 BROCK, LARRY T ETUX ANGELA BJOST AD, MICHELLE A NIELSON, HENRY 8400 BA YWOOD DR 8401 BRANDONWOOD DR 9037 VALLEYVIEW DR NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX FORT WORTH TX 76180-1022 76180-1019 76180-4323 LOVELACE, GEORGE JR ETUX DENTON, MELISSA L ETVIR ERWAY, PAUL S ETUX SHARON PAMLA JOHNNY W 7305 MAJESTIC MNR 7861 HEATHERBROOK CT 7804 HEA THERBROOK CT COLLEYVILLE TX FORT WORTH TX FORT WORTH TX 76034-6387 76180-1031 76180-1031 KELLER, CYNTHIA J ETVIR MITRANI, DON C ETUX LEAH THOMAS, MACK F MOSES 7808 HEA THERBROOK CT 7824 HEA THERBROOK CT 7812 HEA THERBROOK CT NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX FORT WORTH TX 76180-1031 76180-1031 76180-1031 ~.Y, BILL G ETUX BARBARA SNODGRASS, B NEIL ETUX WOODS, WILLIAM ETUX JENNIFE CATHERINE 7900 HEA THERBROOK DR 8325 BRANDONWOOD DR 7832 HEA THERBROOK CT NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX 76180-1029 76180-1017 76180-1031 LANE, GARY QUINN ETUX B J FOUTE, GARRET W ETUX KORYWCHAK, KEVIN ETUX 7828 HEA THERBROOK CT SANDRA K REGINA A FORT WORTH TX 8321 BRANDONWOOD DR 7901 BRANDON CT 76180-1031 NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX 76180-1017 76180-1020 ESTES, JOE E ETUX VERONICA HANSON, WILLIAM L ETUX NORTH RICHLAND HILLS, CITY 8317 BRANDONWOOD DR EVALYN OF NORTH RICHLAND HILLS TX 8313 BRANDONWOOD DR 7301 NE LOOP 820 76180-1017 NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX 76180-1017 76180-6949 DEBOER CUSTOM HOMES INC, NIX, DAVID B ETUX DENISE L DOBBINS, TONY ETUX JO ANN 5801 QUAILS PATH ST 8305 BRANDONWOOD DR 8301 BRANDONWOOD DR COLLEYVILLE TX NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX 76034-7513 76180-1017 76180-1017 NORTH RICHLAND HILLS, CITY ~&E LOOP 820 FORT WORTH TX 76180-0000 -:JchN ~ <II . . . . PZ 2003-12 PUBLIC HEARING TO CONSIDER A REQUEST FROM J & J NRH LIMITED PARTNERSHIP FOR A ZONING CHANGE FROM "C-2" COMMERCIAL TO "R-2" RESIDENTIAL LOCATED IN THE 7500 BLOCK OF NORTH TARRANT PARKWAY (6.5 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This property is located at the northeast corner of Smithfield Road and North Tarrant Parkway. The request is to change the zoning from a "C2" Commercial to an "R2" Residential for the purpose of building a single-family subdivision. The Comprehensive plan shows commercial uses at this site. However, in the last couple of years there have been numerous changes similar to this at intersections. All Staff comments have been addressed. Staff recommends approval. Vice Chairman Schopper opened the public hearing. John Barfield, applicant and owner, came forward. Mr. Barfield stated that he has spoken with the homeowners in the Brandonwood I and II subdivision and explained that Brandonwood III would be an extension of their neighborhood with very little change. Each lot will be sold for $60,000 or more with $300,000 homes . on site. Vice Chairman Schopper asked if anyone else would like to speak in regards to PZ 2003-12. There were none. Vice Chairman Schopper closed the public hearing and called for a motion. Ken Sapp, seconded by Richard Davis, motioned to approve PZ 2003-12. The motion carried unanimously (5-0). . CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date: 10/13/03 Subject: Public HearinQ to Consider a Request from Rivercrown Agenda Number: PS 2003-46 Investments to Approve the Final Plat of Lots 1 R & 2R, Block 1 Rivercrown Addition Located in the 4800 Block of Susan Lee Lane (4.28 acres) Case Summary: The purpose of this replat is to consolidate 9 residential lots along Susan Lee Lane into 1 commercial lot (Lot 2R) and combine with an existing commercial lot (Lot 1 R) for the expansion of the Huggins Honda Automobile Dealership. Current Zoning: Lot 1 R is zoned "C2" Commercial. Lot 2R was recently zoned to "PD" Planned Development for "HC" Heavy Commercial uses (ref. PZ 2003-17). Thoroughfare Plan: Last year the applicant received permission to close Susan Lee Lane in the vicinity of the initial expansion of the auto dealership (Phase I). This replat shifts the cul-de-sac termination of Susan Lee further north to match the recently approved site plan (ref. PZ 2003-17). Comprehensive Plan: The Comprehensive Plan was effectively changed to commercial use with the approval of "C- 2" zoning on Lot 1 R last year and the recent rezoning of Lot 2R to "PD" Planned Development for "HC" Heavy Commercial uses. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the approved preliminary plat for this site. All staff comments have been satisfied. Public Hearing Requirement: Proposed Lot 2R represents a residential replat. As such the Texas Local Government Code requires that a public hearing be held on this plat prior to approval by the City Council. This replat has been properly advertised for the public hearing. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission, at their meeting on September 11, 2003, recommended approval of PS 2003-46 by a vote of 5-0. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Account Number Sufficient Funds A vaI.lable GJ Finance Director CITY OF NORTH RICHLAND HILLS .. Recommendation: To Approve PS 2003-46 the Final Plat of Lots 1 Rand 2R, Block 1 Rivercrown Addition. Review Schedule: Application: 8/21/03 Final Hearing: 10/13/03 CITY COUNCIL ACTION ITEM Total Review Time: 7 weeks . . . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PS 2003-46 Rivercrown Investments 4800 Block of Susan Lee Lane You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Rivercrown Investments to re-plat 4800, 4801, 4804, 4805, 4808,4809,4812,4813, and 4816 Susan Lee Lane a.k.a. Lots 9-13, Block 4 and Lots 15-18, Block 5 Richland Terrace Addition and Lot 1, Block 1 Rivercrown Addition into Lots IR and 2R, Block 1 Rivercrown Addition. The purpose of the re-plat is to create a single lot out of the existing multiple residential lots and one commercial lot for the purpose of expanding the nearby Huggins Honda Auto Dealership. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Public Hearing Dates: CITY COUNCIL MONDAY, OCTOBER 13, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: 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 N A NRH PS 2003-46 FINAL RE-PLAT LOTS 1 R & 2R, BLOCK 1 RIVERCROWN ADDITION Prepared by Planning 09-12-03 o 200 400 600 800 1000 Feet I ~mootn teea ;)neets "V, use templare TOr :)!(:)u"'" HUDIBURG TR, #322765 00 9 FREEZE, WILLIAM ETUX JUDY MARNEY, HOWARD S ETUX ANN PO BOX 820309 4901 NANCY LN B NORTH RICHLAND HILLS TX FORT WORTH TX 4900 SUSAN LEE LN 76182-0309 76180-6855 NORTH RICHLAND HILLS TX . 76180-6846 HUGGINS, GENE ETAL THOMAS, KIMBERL Y E BURCIE, IGNACIO J POBOX 18300 4824 NANCY LN 132 OAK LEAF DR N RICHLAND HILLS TX FORT WORTH TX FORT WORTH TX 76118-0000 76180-6888 76180-2505 GATEWAY, LATHAM, JOHNNIE LANE HEDIGER, STEVEN R ETUX 537 E PARK AVE 4824 SUSAN LEE LN ELISA A TALLAHASSEE FL FORT WORTH TX 4825 SUSAN LEE LN 32301-2524 76180-6848 FORT WORTH TX 76180-6849 JONES, DIANA SHELL Y BOSLEY, MICHAEL J ETUX LEE, WILLIAM W 4820 SUSAN LEE LN BRANDI 4821 NANCY LN FORT WORTH TX 4820 NANCY LN FORT WORTH TX 76180-6848 FORT WORTH TX 76180-6890 76180-6888 TIJERINA, EDUVIGES MERCER, JOHN 0 ETUX BETTY K ROACH, RICHARD & FANNETTE 4821 SUSAN LEE LN 3828 LONDON LN 4633 HILLSIDE DR FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-6849 76118-5227 76180-8109 TI.INO, GILBERTa MARTINEZ, CHARLIE IMPACT FLOORS OF TEXAS LP, 48 SUSAN LEE LN 1501 FAIRMOUNT AVE 4010 LAREUNION PKWY #13 FORT WORTH TX FORT WORTH TX DALLAS TX 76180-6849 76104-4235 75212-0000 GARVIN, BILLY RAY WORTHEY, SHELlA B BOCKMAN, ROBERT HENRY 5908 QUAILS PATH 4805 SUSAN LEE LN 4804 NANCY LN COLLEYVILE TX FORT WORTH TX FORT WORTH TX 76034-0000 76180-6849 76180-6888 GRAHAM, SONNY & L BRACKETT, JOHNNY ETUX MADSACK, WILLIAM WILLEFORD PEARLENE 4801 NANCY LN 4805 NANCY LN 4800 NANCY LN FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-6890 76180-6890 76180-6888 BRAKE, ALICE M HUDIBURG CHEVROLET L TO, 7308 DEAVER DR PO BOX 820309 NORTH RICH LAND HILLS TX NORTH RICHLAND HILLS TX 76180-6330 76182-0309 _ ~Uv~~YU ~\j-v±;-~~m "tin ~~0 S\;\\_Ü~ ~~ em 8AVERY® Address Labels Laser 5160® . . . PS 2003-46 CONSIDERATION OF A REQUEST FROM RlVERCROWN INVESTMENT TO APPROVE THE FINAL PLAT OF LOTS 1 R & 2R, BLOCK 1 RIVERCROWN ADDITION LOCATED IN THE 4800 BLOCK OF SUSAN LEE LANE ( 4.28 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This property is located along the westbound frontage road of Loop 820. The adjacent property is the existing Huggins Honda Automobile Dealership. This is a piece of property that Mr. Huggins had the rezoning approved in two different phases for the purpose of expanding the current dealership. These were properties that were divided into individual residential lots. Mr. Huggins is combining Phase I into Lot 1 R and Phase II into Lot 2R for the expansion. Staff recommends approval. Mr. Davis stated that these lots were a part of a residential subdivision. Mr. Davis thought a public hearing was required for this particular case. Mr. Green stated that the Subdivision Code states that the Planning & Zoning Commission will have a public hearing on a residential replat. Staff went through this process earlier this year with a particular plat. As that plat went forward to City Council, it was noted by the City Attorney that state law had changed. It was no longer the Planning & Zoning Commission that had that purview, but the final legislative board, which is the City Council. Vice Chairman Schopper called for a motion. Richard Davis, seconded by Brenda Cole, motioned to approve PS 2003-46. The motion carried unanimously (5-0). .,.. NI~H CITY OF NORTH RJCHLA1'\JD HILLS . . . Public Works I Administration August25,2003 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate SUBJECT: Rivercrown Addition Final Plat, PS 2003-46 Public Works has reviewed the Final Plat submitted to this office on August 20, 2003. All of Public Works' requirements have been met. We recommend placement on the next Planning and Zoning meeting agenda. cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Zoning Administrator Surveyor, Ernest Hedgcoth, R.P.L.S., P.E. CLW/pwm2003-188 P.O. Box 820609 ... North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 ... (817) 427-6400 * Fax (817) 427-6404 r ,.'"' tot CITY OF NORTH RICHLAND HILLS e Department: Public Works Council Meeting Date: 10/13/03 Subject: Approve ClosinQ a Portion of the 4800 Block of Susan Agenda Number: GN 2003-118 Lee Lane and Abandoning the associated Right-of-Way _ Ordinance No. 2742 The recently approved expansion of the Huggins Honda dealership (Rivercrown Addition, Block 1, Lots 1 Rand 2R) integrates a portion of Susan Lee Lane into the site plan. Because Susan Lee Lane is a public street, that portion that will be integrated must be closed and the right-of-way abandoned. The remaining portion of Susan Lee Lane will remain a public street and a cul-de-sac will be constructed to allow traffic to turn around. Exhibits A and B (attached) identify the section of Susan Lee Lane that will be closed and abandoned with this ordinance. Recommendation: To approve Ordinance No. 2742. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget r Other Account Number Sufficient Funds AvallaOle Finance Director --114 ("t, C~ t¡ GJ Department Head Signature e e . ORDINANCE NO. 2742 2 4 AN ORDINANCE ABANDONING A PORTION OF SUSAN LEE LANE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND AUTHORIZING CONVEYANCE TO ADJACENT PROPERTY OWNERS. 6 WHEREAS, the City desires to abandon a portion of Susan Lee Lane located in Block 4, Lot 8 9, Richland Terrace Addition, North Richland Hills, Texas, and to quitclaim the surface property; NOW, THEREFORE, 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND 12 HILLS, TEXAS: 14 Section 1: THAT the tract or parcel of land in the City of North Richland Hills, Tarrant County, Texas, being a portion of Block 4, Lot 9, Richland Terrace Addition of the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-10, Page 47, Plat Records of Tarrant County, Texas, more particularly described as follows and shown on the map attached hereto as Exhibit A, is hereby abandoned and closed as a public street: 16 18 20 22 BEGINNING at a 12 inch iron rod found at the Southwest comer of Lot 9, Block 4, Richland Terrace Addition, an addition to the City of North Richland Hills, as recorded in Volume 388-10, Page 47, Plat Records, Tarrant County, Texas, the said point being also a point along the west right-of-way of Susan Lee Lane (50' R.O.W.); 24 26 THENCE South 03 degrees 40 minutes 00 seconds East 6.70 feet along the east right- of-way line of Susan Lee Lane to a Y2 inch iron rod set, said point being also the beginning of 28 a curve to the right having a radius of 50.00 feet and a central angle of 3000 00' 00", a chord bearing and distance of S86° 20' OO"W, 50.00 feet; 30 THENCE along the arc, an arc length of261.80 feet to a Y2 inch iron rod found; 32 THENCE North 03 degrees 40 minutes 00 seconds West along the said line a distance 34 of6.70 feet to a W' iron rod found, said point being the southeast comer of Lot 18, Block 5, Terrace Addition, as recorded in Volume 388-10, Page 47, Plat Records, Tarrant County, 36 Texas; 38 THENCE North 03 degrees 40 minutes 99 seconds West along the west right-of-way line of Susan Lee Lane a distance of 169.66 feet to a Y2 inch iron rod set; said point being also 40 the beginning of a curve to the left having a radius of 58.00 feet and a central angle of 51 0 04' 00", a chord bearing and distance ofN86° 20' OO"E, 50.00 feet; 42 THENCE along the arc, an arc length of 51.69 feet to a Y2 inch iron rod set; 44 Ordinance No. 2742 Page 1 of2 e 2 4 6 8 10 12 14 16 18 20 22 e 24 26 28 30 32 34 . THENCE south 03 degrees 40 minutes 00 seconds East along the east right-of-way line of Susan Lee Lane a distance of 169.66 feet to the POINT OF BEGINNING and containing 16,254.94 square feet or 0.373 Acres of Land, more or less. Section 2: THAT the Mayor is hereby authorized to quitclaim the surface property only by quitclaim deed for a price to be negotiated by the City Manager. AND IT IS SO ORDAINED. Passed on the 13th day of October, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Ordinance No. 2742 Page 2 of2 EXHIBIT A Beginning 0. t 0. 1/2 inch iron rod found 0. t the Southwest corner of ~ot 9) Block 4 of the Richlo.nd T erro.ce Addition) o.n o.ddition to the .ity of North Richlo.nd Hills) o.s recorded in VoluMe 388-10) Po.ge 47) Plo. t Records) T o.rro.nt County) T exo.s) the so.id point being o.lso 0. \ point o.long the west right-of-wo.y of Suso.n Lee Lo.ne (50' R.O.\.f,)j THENCE South 03 degrees 40 Minutes 00 seconds Eo.st 6.70 feet o.long the eo.st right-of-wo.y line of Suso.n Lee Lane to a 1/2 inch iron rod set) so.id point being o.lso the beginning of a curve to the right having a radius of 50.00 feet and a central angle of 300°00'008) a chord beo.ring o.nd distance of S86 °20'008\.f) 50.00 feetj THENCE along the arc) o.n o.rc length of 261.80 feet to 0. 1/2 inch iron rod foundj THENCE North 03 degrees 40 Minutes 00 seconds \.fest along the said line 0. distance of 6.70 feet to 0. 1/28 iron rod found) said point being the southeast corner of Lot 18, Block 5, Terrace Addition) as recorded in VolUMe 388-10, Page 47, Plat Records, Tarrant County, Texas. THENCE North 03 degrees 40 Minutes 00 seconds \.fest along the .rest right-of-way line of Susan Lee Lane a disto.nce of 169.66 feet .0 a 1/2 inch iron rod setj so.id point being o.lso the beginning of a curve to the left ho. ving a ro.dius of 58.00 feet and a central angle of 51 °04'008, 0. chord beo.ring and distance of N86°20'008E) 50.00 feetj THENCE o.long the o.rc, o.n o.rc length of 51.69 feet to a 1/2 inch iron rod set; THENCE South 03 degrees 40 Minutes 00 seconds Eo.st o.long the eo.st right-of-wo.y line of Suso.n Lee Lo.ne 0. disto.nce of 169.66 feet to THE POINT OF BEGINNING o.nd conto.ining 16)254.94 Squo.re feet or 0.373 Acres of Land More or less. ERNEST HEDGCOTH CONSULTING ENGINEERS. INC 5701-C IßDWAY ROAD FORT WORTH. TEXAS 76117 (817) 831-7711 CONTACf: ERNEST BEDGCOTB . r The sea.l a.ppea.ring in this dOCÙMent wa.s a.uthorized by ERNEST HEDGCDTH, R.L.P.S. #2804 DATE _______________ REVIE'W DATE: 08/20/03 e hI: 1;li~i ~§~I . ~ ¡, I 1 ¿/~:æ :"í."". J.YA~ ...W' ~ I 'If,' I I I I I I I :i. I 1 I I 1 I I I I 1 I EXHIBIT B ..... \'I8II"Z0·00". 120.01' LOT 13, BLOCK 4 1 ::Ii : ¡, ~ I.. 1::0 I¡, I 1 I 1 I I : LOT 14, BLOCK 5 1 I I I 1 1 1 I 1 . 1 I 35'aL. .---1 \ LOT 15. BLOTK 5 1 I I I 1 I I 1 I I 1 I I I 3!.!"- - - - \1r - : F \ I 4 / OT 111 BLOCK 4 / / ./ \ LOT 16, BLO,\K 5 \ '-\ 1'- \ ¡; I\1L LOT 17. BLOCK ~ \0 : \ ~ LOT 10. BLOCK 4 LOT 18, BLOCK 5 LOT 9. BLOCK 4 POINT OF BEGINNING _"2I'ØO'E -. _"2I'ØO'E IZU' ~ 35'aL. r---------- \ , 1 1 I , I I I I I I / , dURVE NO I 11 // '.........', 1 I ,,"'1' -~_ , 2:1' ...... .L_J.- I -r---- I I lh I: I Ig~11 I I I I _ ',//' /1 /I.'!JI ~1,~,I ...._ i¡ 1'1 ilti1/~ I 'ot :." I SI ~ '3 lid .~ ---__ " I -"'-¡. I I ì I I \ I \ \ \ \ 1..- -- ------~ .. ..........~ ¡, _.J!.!!:-----.., 1 I I \ \ \ \ \ , , , , 107573.50 S.F. 2.4695 Ac ZONED C-2 The seo.l o.ppeo.ring in this dOCUMent Wo.S o.uthorized by ERNEST HEDGCOTH, R.L.P.S. 12804 DATE _______________ ERNEST HEDGCOTH CONSULTING ENGINEERS. 11701-c 1OD1JJ.Y ROm PORT 1IOBTIL TDIo8 70117 (817) 831-7711 CONTACT: DNBS'I' IIBDCCOTB CURVE DATA NO. 1 R=50.00' A=30o-00'OO" L=261.80' T=28.87' CB=S8~20'OO"1f C.L. = 50.00' 18 I I I . I 1 I I 19 CURVE DATA NO. 2 R=58.00' A=51·04'OO" L=51.69' T=27.71' CB=N86·20'OO"E C.L. = 50.00' 1 I , 1 I 1 I I 20 I I I I 1 I I I 1 I I I I 1 I I I 1 I 1 I I I I I I 21 --- -= :.:r..:.-. ___ =.:.- 1M. -... -----~~--- ---, I 1 I I I I , I I . I ;;/1 i: , I I 1 I I ;j : ÌI : I I I I I I I I I I I I --- t\¡ ~~\t~\ ',//' \§\1 --- ,... ~\i ~ 0 - 1!lt~¡; ! '"!I ~i § ~§\\ ~ ---- ~ 5/8" :z; IRF" 1/%'" IRF 'If Sill /J¡¡z IY/';¡ CITY OF NORTH RICHLAND HILLS e Department: Public Works Council Meeting Date: 10/13/03 Subject: Approve City-Developer AQreement with HUQQins Honda Agenda Number: GN 2003-119 for Rivercrown Addition, Block 1, Lots 1 Rand 2R The Huggins Honda expansion site plan was approved by City Council on September 11, 2003. Two site specific issues affect the site plan and require a City-Developer Agreement to address. The first issue is the future maintenance of the masonry screening wall which will be installed on the east property line of the site. The wall was originally shown to be located five feet to the west of the east property line because of an existing sanitary sewer that is located in a ten foot wide easement centered on the east property line. Concerns were raised by the Planning & Zoning Commission about how the five foot wide strip between the wall and the property line would be maintained. In addition, concerns were raised about the potential for the wall to be damaged when maintenance is performed on the sewer main. Subsequent investigations determined that the sanitary sewer is actually located approximately five feet east of the property line (see attached) and that the wall could be located on the property line. This new location eliminated the concern about mowing, but did not eliminate the potential for the wall to be damaged during maintenance activities on the sewer main. The developer has agreed to execute a City-Developer Agreement that states the developer will be responsible for maintenance of the wall and any repairs should the wall be damaged during maintenance activities on the sewer main. The second issue affecting the site is reimbursement of Community Development Block Grant funds for the construction of Susan Lee Lane. The land being used for the Huggins Honda expansion is a collection of individual residential Jots that were purchased by the developer. All of the lots front on Susan Lee Lane placing Susan Lee Lane in the center of the Huggins Honda development. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Ävallaole , Finance Director }1~;tp Cb-f:c- GJ Department Head Signature Page 1 of _ CITY OF NORTH RICHLAND HILLS . When the construction plans for Susan Lee Lane were originally being prepared, the southern portion of the Huggins Honda project (Phase 1) was also under design. The Susan Lee Lane plans were therefore prepared to eliminate the construction of Susan Lee Lane inside Phase 1 of Huggins Honda. Susan Lee Lane was then constructed. Subsequently, Huggins Honda purchased more lots and added a second phase to the development. This second phase encompassed a portion of the newly constructed Susan Lee Lane. When this change to the Huggins Honda plan was made, it was determined that Huggins would be required to reimburse the Community Development Block Grant (CDBG) program for the cost of design and construction of the portion of Susan Lee Lane that will be incorporated into Phase 2 of the development. The total amount of reimbursement was calculated to be $49,402.72. This is based on the project cost of $296,403.09 for 1,456.24 linear feet of street or $203.54 per linear foot. The length of Susan Lee Lane that will be in Phase 2 is 285.55 linear feet. This section is valued at 285.55/LF x $203.54 = $58,120.85. The pavement is three years old so the value was depreciated 15% or $58,120.85 x 85% = $49,402.72. The developer has agreed to reimburse the CDBG program $49,402.72. Recommendation: To approve the City-Developer Agreement with Huggins Honda for Rivercrown Addition, Block 1, Lots 1 Rand 2R. CITY COUNCIL ACTION ITEM Page_of _ . CITY-DEVELOPER AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat denoted Rivercrown Addition, Block 1, Lots 1 Rand 2R, approved on October 13, 2003 by the City Council of the City of North Richland Hills, Tarrant County, Texas, Rivercrown Investments, L.L.C., 7551 N.E. Loop 820 North Richland Hills, Texas 76180 (Rivercrown Investments, L.L.C.) was permitted to develop the site described thereon in accordance with such plat, and WHEREAS, such plat requires construction on the property legally described as Rivercrown Addition, Block 1, Lots 1 Rand 2R, which includes the construction of a masonry screening wall to be located within an existing sanitary sewer easement, and WHEREAS, the City is willing to permit Rivercrown Investments, L.L.C. to construct a masonry screening wall to be located within an existing sanitary sewer easement in accordance with plans approved by the City, provided that Rivercrown Investments, L.L.C. agrees to maintain such masonry screening wall, and . WHEREAS, the recent reconstruction of Susan Lee Lane was funded with Community Development Block Grant (CDBG) funds and that Tarrant County, the administrator of the CDBG Program, has informed the City of North Richland Hills that the program must be reimbursed the costs associated with the section of Susan Lee Lane that is to be incorporated into the Rivercrown Investments, L.L.C. site plan. NOW, THEREFORE, Rivercrown Investments, L.L.C. agrees as follows: 1. Rivercrown Investments, L.L.C. shall construct and maintain at its sole cost and expense, the masonry screening wall in accordance with plans and specifications approved by the City. 2. The City of North Richland Hills shall make every attempt possible to access the sewer line for repairs from the east side of the wall. Should access from the east not be possible, the City of North Richland Hills shall give Rivercrown Investments, L.L.C. notice before disturbing the wall. Should the masonry screening wall be inadvertently disturbed by maintenance activities performed on the existing sanitary sewer by the City of North Richland Hills, Rivercrown Investments, L.L.C. agrees that any necessary repairs will be the responsibility of Rivercrown Investments, L.L.C.. e 3. Should Rivercrown Investments, L.L.C. fail to remedy any inadequacy in its maintenance of the masonry screening wall within thirty (30) days of receipt of written notice from the City or according to any other repair schedule agreed to by both parties, the City may, but shall not be obligated, to provide such Page 1 of 3 City-Developer Agreement Rivercrown Addition, Block 1, Lots 1R & 2R . . - maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Rivercrown Investments, L.L.C. upon written demand. If Developer fails to reimburse the City within twenty (20) days of such written demand, the City shall have a lien against the property for such amount, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County Land Records. By acceptance of this Agreement, the City agrees to execute a certificate (addressed to the party requesting same) within twenty (20) days of written request stating whether or not any amounts are due and owing from Rivercrown Investments, L.L.C. pursuant to this Agreement. 4. Rivercrown Investments, L.L.C. shall reimburse the City of North Richland Hills the sum of $49,402.72 for that portion of Susan Lee Lane that will be incorporated into the Rivercrown Investments, L.L.C. site plan. The reimbursement is due 30 days after this agreement is executed by the City. 5. The agreements made herein shall be binding upon Rivercrown Investments, L.L.C. successors and assigns and shall be a covenant running with the land. Executed this 7-tÁ day of t){/~bf"e 2003. By: j!6IJ-;J v.:::::::::=- Printed Name: ;&IV 4 &"{I /V'.J STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this the 7lJ day of tJ:.f- by of ,a corporation, on behalf of said corporation. ,2003 ~..~.. ~ .-?/{ ft ..ð . .....J:.':. ,Nr.,~"- ~ Notary Public, State of Texas AU.EN B. COlE MY COMMISSION EXPIRES May 18, 3108 , Page 2 0(3 City-Developer Agreement Rivercrown Addition, Block 1, Lots 1 R & 2R . . -- ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney for the City APPROVED AS TO CONTENT: ~, 1 l L {J -t:a II,,~ ~ I. . Mike CurtiS, P.E., Public Works Director , : CITY OF NORTH RICHLAND HILLS: By: Oscar Trevino, Mayor Page 30f3 City-Developer Agreement Rivercrown Addition, Block 1, Lots 1R & 2R PROPOSED 6' M¡\SONRY SCREENING W¡\LL I I I I I I I I , I I I I I I , , I ...!.._I_...!.._I_...!..-I, -- I I , I I I 1-- 1__- I \[~= I~-- --~ \~-== , -- I I ,,\"'_-- 1--- L I~-- ~~~ \-== :r.~~ t " - r -y>;,; ~~~ I I I ~~$f$ .. I -- I I ~~'*'?' _ '_L_-:.:: _J_J-~----- -11 , :.' ,r I I: I . _ _"'1~~J.~L"'1-"'1 _"'1-"'1-"'1-"'1-"'1-"'1"'1 . 1",.'.,1 I I \ 1 \ I I I I· I \ I I 1 I I , I I I, I I _r~-r~-rj-r~-¡1r¡1 I I I , 1,1 I 1"'-1 II I I I I I I 1 l_l_l~~-~L~-~ -~-~-~-~- - . , . 1 _ --ï-- _ _ _ L"'1-"'1 --"'1-"'1 "'1.."'1 "'11 -"'1-"'1-"'1-"'1-, I I I , I I I I I I I I I I I I I 1 I I I , I I, I _~~_r~-r~-r~-r~rr~ . I I I I I I I I II \ I ~ I I I 1 I I I I III 1 -t-~-~-~-~-~-~-~-~-~ï - \ I ITr,. ~'J- ~~J-'- ;:0:' I t\ I· ::Z' . ~'T' ;:0 I~ -~\ ;:J \ .LEi" ~;I:~\ \ 1,00 I~ \00 I ~\ ;:0\ \ ,-T-T-T- I I I \ I '~. I! I 1 I 'to . I I L , I I ;l.:; l'-¡ I 1_-I~J_-1- . .. ..~... o. ." .L· ---------- I r-T-T--T- I , I I I I I I .\' I I I I 1 I I I I I I I I I I I I ...!_~_...1_"'- \ 1\ ~ EXISTING 10' SE'WER EASEMENT ..J r 10.00' I: 17 i V EXISTING SANITARY SE'WER \\ , ~ PROPOSED 6' SCREENING 'WALL 19 21 Vn.UNI MIIDSACK LOT 22, IUICI( 4 RIOLNID TtRRIICE ADDITIII4 VILUME 12064, PAGE 1761 P.R.T.c.T. ztH:D R-2 PROPOSED 6' SCREENING WALL \lUL ~ \ -~-~--tt~ I I I I I I , I I , I 1-- I' 1 : ~ I I j L_---L -T- ---~ ------ ... / I ... -- ~ RIVERCROWN ADDITION LOT 2-R, BLOCK 1 FENCE EXHIBIT I , ---Tï I ERNEST REDGCOTB CONSULTING ENGINEERS. INC. ð701-C MIDWAY ROAD FORT WORTH. TEXAS 711117 817-831-7711 ~ 3~ t~ ~o Zit) \ a:: 'i \ i e\ .. ~ CITY OF NORTH RICHLAND HILLS l Department: Planning & Inspections Department Council Meeting Date: 10/13/03 Subject: Public Hearing to Consider a Request from J. L. Steel L.P. Agenda Number: PZ2001-33R1 For a time extension to an Approved Special Use Permit for a Concrete Batch Plant Operation Located at 6001 Dick Fisher Drive (1.87 acres approx.) - Ordinance No. 2746 Case Summary: In December of 2001 a Special Use Permit (SUP) for the operation of a concrete batch plant was granted to the applicant for a period of 24 months (February 2002-February 2004). The batch plant was to be used for the reconstruction and expansion of Rufe Snow Drive. A site plan was also approved as part of the SUP (attached). Because of delays in the Rufe Snow Project, the applicant is requesting an extension of the plant's operation until September of 2004 (see attached letter). PROPOSED USE: Unchanged SITE PLAN: Unchanged EXISTING ZONING: "1-1" Light Industrial SURROUNDING ZONING I LANDUSE: North: "U " / Vacant East: "U" / City maintenance faculties South: "1-2" / DART Rail, Kimberly Clark West: "PD" / Vacant, single family residences* * When the current batch plant operation was approved, the tract west of this site was vacant and zoned for multi-family uses. Since that time a Planned Development for a small-lot single-family subdivision was approved (The Estates of North Richland Hills/Summer Crossing). The development of this subdivision is ongoing. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on, September 11 2003, recommended approval of PZ 2001-33R1 by a vote of 5-0. Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Account Number Sufficient Funds Available úV Finance Director PZ 2001-33R 1-Concrete Batch PlantCC CITY OF NORTH RICHLAND HILLS RECOMMENDATION: To approve Ordinance No. 2746. . e a.: ....i .... ... ... Þ- en ....i . ... August 28, 2003 Mr. Dave Green City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 RE: Request for Pemrit Extension 6001 N. Dick Fisher Drive Dear Mr. Green: Please reference the attached site plan. J.L. Steel, L.P. (JLS) is currently utilizing Area III as a mobile concrete batch plant and a construction site field office for the Rufe Snow reconstruction and expansion project. Due to delays caused by the relocation of existing utilities, JLS is requesting that the original permit be extended by an additional six (6) months. This would allow JLS temporary use of the property until September 2004. NRH's consideration of this request is greatly appreciated. Please contact JLS at (817) 485-5474 with any questions. Sincerely, ?!:." (./. / /7 /-/ / Trey Curtis Senior Project Engineer cc: File 1822 attachments: Site Plan, Survey P . O. Box 1910 R 0 a n 0 k e , T e x a s 76,2:'6-2: (T-) 8,,]t, T - 4 3 0, - 2:: 1f".]¡". 0' (F: 817-,"·g~-3~31 ",;;_r;",,,,; þ~-,,- ~""! "'-::11 .~ -,,,,,,,,,- ...~; ,'"""1 .--. ," A " ,j ,'t-- , 1.JJ . . 2 4 6 8 10 12 14 16 18 20 22 . 24 26 28 30 32 34 36 38 40 42 44 . ORDINANCE NO. 2746 PZ 2001-33Rl AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE 2589 AND THE ZONING ORDINANCE OF THE CITY AND, PURSUANT TO PZ 2001-33Rl, EXTENDING BY SIX MONTHS THE SPECIAL USE PERMIT GRANTED BY ORDINANCE 2589 FOR A TEMPORARY BATCH PLANT FOR THE CONSTRUCTION OFRUFE SNOW DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet ofthe property herein described at least IO days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the z one change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND IDLLS, TEXAS: Section 1: THAT Sections 1 and 2.(4) of Ordinance 2589, granting a Special Use Permit for a temporary concrete batch plant for the construction ofRufe Snow Drive, are hereby amended to read as follows: "1. THAT, in case number PZ 2001-33Rl, a Special Use Permit request for a temporary concrete batch plant operation not to exceed 30 months is hereby authorized. 2. THAT development of this property shall be consistent with the site plan attached as Exhibit "A" and with the following stipulations: Ordinance No. 2746 Page 1 of3 . (4) The Special Use Permit will end when the zoning of Tract 2 reverts back to C-l 2 Commercial upon completion of the Rufe Snow project, or two and one half (2 1/2) years ITom date of zoning change, whichever is the least amount of time, as stated in Ordinance 2588. 4 " 6 Section 2: It is hereby declared to be the intention of the City Council that the sections, 8 paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be 10 declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the 12 remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without 14 the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. 16 Section 3: All rights and remedies of the City of North Richland Hills are expressly saved 18 as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time of the effective date ofthis ordinance; 20 and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not 22 be affected by this ordinance, but may be prosecuted until final disposition by . the courts. 24 Section 4: Any person, finn or corporation violating any provision of this ordinance shall 26 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 28 such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 30 Section 5: The City Secretary is hereby authorized and directed to cause the publication of 32 the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. 34 Section 6: This ordinance shall be in full force and effect immediately upon passage. 36 AND IT IS SO ORDAINED. 38 Passed on the 13th day of October, 2003. 40 . Ordinance No. 2746 Page 2 of3 . 2 4 6 8 10 12 14 16 By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: 18 George A. Staples, Attorney .., ...---------..,. 20 .·APPROVED AS 22 I . 24 { / - . Ordinance No. 2746 Page 3 of3 200' Buffer N A NRH PZ 2001-33R1 CONTINUATION OF SPECIAL USE PERMIT for TEMPORARY SA TCH PLANT 6001 DICK FISHER ROAD l..~ fÐ/ !!f ] _ a1.'N,¡"\Nnl1l~ - ~ . a ~ :s ~ '" Lo.' ¡:: <3 Q ~ -~ ." ':I ~~ . Æ 4 ~ " 11- l-<1J-'{. 61/1 ð 1 J r ~ ~ ~ § ~ ~ ~ J \J CI - ~I-- - Q Uj ~ ! ~ - ê~~~~ ~ w ~~ 1J3 V1 ~ ~ ~ z~ A- @ ìp ~ Ç! \ñ ~w ~ð ¡o~ 1 -:2 ¡'j~ IJ. IV} ;1 ~ ~ m ..-JF ~ ~ r ~ ~ ~ "¢. W 1- ~ ~ ~~ ~ ~ ,:~ 1 -J ýJ I tJi' ~ fJ ð ~ - ~ ~q :f: ~ U1 <J ~ .. '" -1 ~ .~ -z ~~ ~1 ~ \ ~ ! -z:- I 1 N·· f 0- ~5/l: u\ .~)(~ -1J1 fi ~ '. I- 0... -I <-Z; t- ~ :!: if) ;1~~ :) ~ 0 r- l1- LL ~ ~I ~ ~ ~ ~ ~ Q ~ U. . -;z?i~1 ~~~j ~ ~ ~z \5~B: ~* \ .. . . . PZ 2001-33R1 PUBLIC HEARING TO CONSIDER A REQUEST FROM J. L. STEEL L. P. FOR A REVISION TO AN APPROVED SPECIAL USE PERMIT FOR A CONCRETE SA TCH PLANT OPERATION LOCATED AT 6001 NORTH DICK FISHER DRIVE. APPROVED Dave Green, Zoning Administrator, summarized the case. This is an existing operation. In December of 2001, an SUP was approved for a temporary Concrete Batch Plant Operation at this location. The purpose of this SUP was for the work that is occurring on Rufe Snow. Staff has provided a letter from the applicant stating that due to several issues that are associated with relocating utilities along Rufe Snow, the project has fallen behind. The applicant is asking for a time extension, from February 2004 to September 2004, which the applicant believes is sufficient time to complete the project on Rufe Snow. Vice Chairman Schopper opened the public hearing and asked if anyone would like to speak in regards to PZ 2001-22R1. There were none. Vice Chairman Schopper closed the public hearing and called for a motion. James Laubacher, seconded by Ken Sapp , motioned to approve PZ 2001- 33R1. The motion carried unanimously (5-0). . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2001-22R1 J. L. Steel L. P. 6001 Dick Fisher Road 1.87 acre tract out of the John C. Yates Survey, Abstract No. 1753 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 J. L. Steel L. P. to continue use of . the above property as a temporary concrete batch plant operation for the reconstruction and expansion of Rufe Snow Drive. The applicant was granted a Special Use Permit in December of 2001 to operate the plant until February 2004. The applicant is requesting permission to extend the time permitted for the plant until September 2004. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, OCTOBER 13,2003 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: 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 . . . WE:STERN RIM 601 CANTON RIM S~E 101 ~ELL, TX 75019-3862 TECNOL INC. POBOX 349 NEEHAH, WI 54957 J L STEEL, L.P. POBOX 1910 ROANOKE, TX 76262 BIRDVILLE ISD 6125 E BELKNAP ST HALTOM, TX 76117 . . . PARCEL III FIELD NOTE DESCRIPTION ALL that certain tract or parcel of land situated in the JOHN C. YATES SURVEY, ABSTRACT No. Î 753, Tarrant County, Texas and being a portion of that same tract described in deed to Trustees, E-Systems, Inc. Pool Trust as recorded in Volume 9290, Page 1785. Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch capped steel rod stamped "HEDGECOTH RPS 2804" found in the easterly boundary line of soid E-Systems tract, said point being the northwest corner of Block 1, Antinone Addition, an Addition to the City of North Richland Hills, Tarrant County. Texas as recorded in Cabinet A, Slide 3102, Plat Records, Tarrant County. Texas and also being in the southerly right-of-way line of Mid Cities Boulevard; THENCE SOUTH with said easterly boundary line and with the westerly boundary line of said Block 1, 208.00 feet passing a 1/2 inc"ì cappea steel rod stamped "HEDGECOTH RPS 2804" found for the southwest corner of said Block 1 and the northwest corner of Lot 1 R, Block 1, Civic Centre Addition, an Addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388- 199, Page 19, Plat Records, Tarrant County, Texas and continuing with said easterly boundary line and with the westerly boundary line of said Lot 1 R 0 total distance of 1188.04 feet to a 1/2 inch capped steel rod stamped "RPS 589" ~und for the most westerly southwest corner of said Lot Î R for the POINT OF ~GINNING OF THE HEREIN DESCRIBED TRACT; THENCE South 25 degrees 11 minutes 07 seconds East continuing with said easterly boundary line and with westerly boundary line of said Lot 1 R a distance of I 220.01 feet to a Î /2 inch capped steel rod stamped "MOAK SURV INC" set for the most southerly southeast corner of said E-Systems tract and the most southerly southwest corner of said Lot 1 R, said point also being in the northerly right- of-way line of St. Louis & Southwestern Railroad (a 100 foot right-of-way); THENCE South 64 degrees 44 minutes 18 seconds West with the southerly boundary line of said E-Systems tract and with said northerly right-of-way line 0 distance of 273.53 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set in the easterly boundary line of a 50 foot right-of-way to Magnolia Pipe line Company as recorded in Volume 81 Î 4, Page 1197, Deed Records, Tarrant County, Texas; THENCE North 26 degrees 42 minutes 45 seconds West with the easterly boundary line of said Magnolia Pipe Line right-of-way a distance of 103. Î 8 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set; THENCE Norih 30 degrees 22 minutes 10 seconds West continuing with the easterly boundary line of said Magnolia Pipe line right-of-way a distance of 259.23 feet; THENCE E.AST, 33 Î . 19 feet to the P~t.,CE OF 9EGINN!ì-.JG and containing 1 .87: 8 acres of land, more or less. . lEG¡:~IO ð PIPELINE MARKEn ~ SOIL 80RINGITEMPOAARY MONITOR WELL LOCATION OllE OVERr'IEAD ELECTRICAL I UTILITy POle LJ STOHM orUAN ¿.' LIGHT POL( .. ..,.... \-' . . \,.," ...~ . .', .......: ~"-" ", .. l··t...: " '. . __'< t-:':::.;·~' ," ." ....... .. ,-'" -'..._~ ~~ '\."..,..... .~"j ~. _....'._~, \. '<~\t \..¡<"'\'r\ ~-'\ \', " I )-, ú .~, I . t: .... '\ ï ,\-::, J (:.:: \ ,\J 'N ~">:d~ \ /1(J,f "." ,.oJ A ?J. 'v./ ·:""..·".f'4r\!~~~\\~G ., ~~~¡":':";_;.,.v' SITE PLAN . , 4 ~ '."': r:; r:: r -, C". I " --:: r=: ~ I"'" Co C~r:J,-,r:;:s MID-CITIES OLVD. ----. I(ii=ö.~r. --=::::=-p - 0....( / -UTllIT'~ PO~I: f. 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Municip<3/ Drive 1.;J.G3-Acrç Tract North Richl.Jnd Hills, Te:<3s r------::.- o toO" ZOO' ,..,~ ' , N$RTH R.ICHLAND HILLS FIGUI~E :. /¡ -;¡ ..:)_.:"J PZ2001-~R1 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 10/13/03 Subject: Consideration of an Ordinance AmendinQ Chapter 16, Agenda Number: GN 2003- 120 Code of Ordinances, Relating to the Parking and Storage of Semi-Tractors and Trailers Ordinance No. 2748 Council has commented to staff concerning the recent proliferation of semi trucks and trailers that are being parked on private property as well as in public ROW throughout the community. Council has directed staff to bring forward ordinance revisions that would effectively deal with this situation. During the staffs research of this issue it was discovered that parking regulations dealing with this issue were haphazard, ambiguous, and located in portions of several ordinances. In addition, the enforcement responsibilities of these regulations were ambiguous as well. With the help of the Police Department, the Code Enforcement Division and the City Attorney, staff has prepared an ordinance revising Chapter 16, Article V. Parking Requirements, of the Code of Ordinances. The purpose of this revision is to provide one location where these parking restrictions are located and to clarify the language. Section (a) of the attached ordinance basically prohibits the storing or parking of a trailer, tractor or combination of either on any public street or ROW unless engaged in a bona fide pickup or delivery to that premise. Section (b) prohibits the storing or parking of a trailer, tractor or combination of either on private properties including; any parking lot, playground, vacant lot, public or private schools, church premises or residential property unless engaged in a bona fide pickup or delivery to that premise. The intent of these regulations is not to regulate truck or trailers associated with and located on bona fide businesses such as Wal Mart, Target or Bates Container but rather those truck or trailers that are not associated with the business where the parking is taking place. Enforcement of these regulations will initially be as follows: Code Enforcement will identify those trucks or trailers that are in violation of the ordinance. Code will leave a notice Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other Account Number Sufficient Funds Available erJ Finance Director ~~ ' ~1y Manager i GN 2003- .,\':t~. ,,""".' , CITY OF NORTH RICHLAND HILLS attached to all vehicles warning the owners of the violation. If the violation persists, Code will process citations for all in-state registered vehicles without renotifying the owner of the violation. The Police Department will process citations for all out of state registered vehicles in the same manner. As this process matures the enforcement arrangement will be reviewed and may be altered to give the greatest efficiency. RECOMMENDATION: To approve Ordinance No. 2748 . . . ORDINANCE NO. 2748 2 4 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 16 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ADDING A NEW SECTION 16-69 PROHIBITING THE STANDING, STORAGE OR PARKING OF TRUCK TRACTORS, TRAILERS, AND TRACTOR TRAILER RIGS ON ANY PUBLIC OR PRIVATE PROPERTY IN THE. CITY; PROVIDING EXCEPTIONS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION. 6 8 10 WHEREAS, the indiscriminate parking of truck tractors, trailers and tractor trailer rigs on 12 public and private property throughout the City creates visibility restrictions to traffic, is unaesthetic and tends to reduce property values; NOW, 14 THEREFORE, 16 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: 18 Section 1: THAT ARTICLE V of Chapter 16 of the North Richland Hills Code of Ordinances be amended by adding a new Section 1 ~-69 which shall read as follows: 20 22 "16-69. Truck, Truck Tractors, Trailer Parking Prohibited. 24 (a) It is prohibited for the owner or operator of any truck tractor, truck trailer or truck 26 tractor trailer rig to stand, park or store or permit the standing, parking or storing of any truck tractor, truck trailer or truck tractor trailer rig on any public street, public right of way, median, 28 parkway, athletic field, or other public property within the city other than for a bona fide pickup or delivery to premises on such property. 30 (b) It is prohibited for the owner or operator of any truck tractor, truck trailer or truck 32 tractor trailer rig to stand, park or store or permit the standing, parking or storing of any truck tractor, truck trailer or truck tractor trailer rig on any parking lot, playground, vacant lot, public 34 or private school, church premises or residential property in the City other than for a bona fide pickup or delivery on such property or in conjunction with a legally permitted business lawfully 36 conducted on such property. 38 (c) The existence of any unattended truck tractor, truck trailer, or truck tractor trailer rig on any parking lot, playground, atWetic field, vacant lot, public or private school, church premises 40 or residential property in the City shall be prima facie evidence of a violation of this Section and the burden of proof of the existence of an exception shall be on the person charged with 42 a violation. 44 (d) Violations of Subsection (a) or (b) hereof shall constitute a misdemeanor. Each day a violation shall continue shall constitute a separate offense punishable hereunder. Ordinance No. 2748 Page 1 of3 t . .. ~ . 2 4 6 8 10 12 14 16 18 20 22 . 24 26 28 30 32 34 36 38 40 42 44 e (e) Vehicles found in violation of Subsection (a) hereof may be moved and stored at the expense of the owner of such vehicles by the City or its agents. Such vehicles may be released only upon payment of all outstanding charges for such removal and storage plus an administrative fee of$100.00. Notice of removal and storage and charges shall be mailed to all registered owners and lienholders of such vehicles. (f) Any person contending that a. vehicle has been wrongly removed shall have a right to a hearing before the municipal judge upon written notice of appeal filed with the municipal court stating the applicable exception and requesting a hearing, if such notice is received by the court within five (5) days after the vehicle is removed. The burden of proof of an exception shall be on the appellant. lfthe court finds that the exception stated by the appellant applies, the towing, storage, and administrative fee shall be refunded or the vehicle released without charge. Section 2: Any person, finn or corporation violating subsection (a) of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. Passed on the 13th day of October, 2003. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance No. 2748 Page 2 on .. . .... . 2 4 6 8 10 12 14 16 / ATTEST: Patricia Hutson, City Secretary APPROVED S TO FORM AND LEGALITY: ,".' APPReV~D AS TO çom, T: . ) U/,~. partment Head, 1 . . vLX.- ....:......-....... '~' Ordinance No. 2748 Page 3 of3 .. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: Oct. 13, 2003 Subject: Apartment Maintenance and Inspection Program Agenda Number: GN 2003-121 Ordinance No. 2743 In an effort to protect our citizens who reside in multi-family dwelling units and preserve the quality of the neighborhoods we live in, staff proposes an apartment maintenance ordinance for Council consideration. The ordinance establishes a centralized contact person within the building inspection department who will inspect multi-family housing units on a bi-annual basis and will field individual complaints raised by apartment tenants. Apartment owners/managers will be required to obtain an operating license to operate their facilities. As a license condition, apartment units must be inspected and meet minimum standards as spelled out in the ordinance. Failure to obtain and maintain a valid Multi-Family Operating License may result in fines ranging up to $2000 depending on the nature of the deficiencies. Items that must be approved prior to licensing will include (but are not limited to) the following: 1. Functional heat plants that maintain 70 degree temperatures 2. Functional plumbing fixtures 3. Window screens on operable windows 4. Repair and maintenance of exterior finishes (siding, brick, etc.) and roof coverings 5. Repair and maintenance of parking lots and fire lanes 6. Repair and maintenance of stairs, hand/guardrails, porches and verandas 7. Pest extermination 8. Garbage/refuse removal 9. Site hazards 10. Overcrowding prevention 11. Maintenance of fire alarm/fire sprinkler systems, including the installation of battery powered detectors where none are currently present 12. Maintenance of various site related issues such as trip hazards, holes, tree limbs, fences, retaining walls, swimming pools, etc. The ordinance proposes a $1.00 per month per unit fee that will be collected as a part of the apartment complex's water bill(s). North Richland Hills is following suit with many cities throughout the DFW area that currently have apartment maintenance programs in place. Other cities include Euless, Bedford, Hurst, Richardson, Farmers Branch, Arlington, Corinth, and Fort Worth. This ordinance is closely modeled after several of those programs. Recommendation: To approve Ordinance No. 2743 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available c~ Finance Director Page 1 of . 2 4 6 8 10 12 14 16 18 20 22 .24 26 28 30 32 34 36 38 40 42 44 . ORDINANCE NO. 2743 AN ORDINANCE AMENDING CHAPTER 5 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ESTABLISHING REGULATIONS OF MUL TI-F AMIL Y HOUSING; REQUIRING LICENSES; EST ABLISHING MINIMUM STANDARDS; PROVIDING FOR INSPECTIONS; PROVIDING FOR NOTICES; PROVIDING THAT PROSECUTIONS FOR VIOLATIONS OF THE PRIOR PROVISIONS AMENDED BY THIS ORDINANCE SHALL NOT BE AFFECTED BY THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the growing number of multi-family units in the City and the aging of such units causes concern about their condition and occupancy; and WHEREAS, the regulations enacted herein are designed to ensure decent and safe housing, and to promote the safety and welfare of citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Chapter 5 of the Code of Ordinances of the City of North Richland Hills, Texas, shall be amended by adding a new Article VII which shall read as follows: "ARTICLE VII. MULTI-FAMILY HOUSING Sec 5-160. Definitions. (1) Accessory building: A structure on the same lot as the main building. (2) Apartment: A room or suite of rooms arranged or designed to be used as a residence by a single family, individual, or group of individuals. (3) Apartment building: Any structure containing five (5) or more dwelling units. (4) Apartment house: Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied as four (4) or more dwelling units or which is occupied as the home or residence of four or more families living independently from each other and maintaining separate cooking facilities. Ordinance No. 2743 Page 1 of21 . 4 (5) Bathroom: An enclosed space or spaces containing one or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes. 6 (6) Bedroom: A room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio or breezeway. 8 10 (7) Building code: The National Electric Code, International Building Code, International Fire Code, International Mechanical Code, and International Plumbing Code, adopted by the City of North Richland Hills which was in effect at the time of construction of the building in question. 12 14 (8) Building official: The building official of the City of North Richland Hills and/or any code enforcement officer ofthe City of North Richland Hills. 16 18 (9) Certificate of occupancy: A certificate issued by the building official authorizing occupancy. 20 (10) City: The City of North Richland Hills, Texas. 22 (11) Current building code: The most recent edition of the National Electric Code, International Building Code, International Fire Code, International Mechanical Code, and International Plumbing Code, adopted by ordinance and currently in effect in the City of North Richland Hills. . 26 28 (12) Dangerous building: A structure or building where conditions exist as outlined in Section 5-70 ofthe North Richland Hills Code of Ordinances. 30 (13) Dwelling: A structure occupied for a residential purpose. 32 (14) Dwelling unit: Any room or group of rooms occupied, or which is intended or designed to be occupied as the home or residence of one individual, group of individuals, family, or household for housekeeping purposes; such term includes apartments. 34 36 (15) Efficiency unit: A dwelling unit without a bedroom separate from other living quarters. (16) Extermination: A control and elimination of insects, rodents, and vermin. 38 40 (17) Family: Any number of persons related by blood, adoption, or marriage, or four (4) or fewer unrelated persons living as a single housekeeping unit. 42 44 (18) Fire chief: The Fire Chief of the City of North Richland Hills or hislher designated representative. . (19) Floor space: The total area of all habitable space. Ordinance No. 2743 Page 2 of21 . 4 (20) Garbage: Refuse animal or vegetable wastes (as from a kitchen or food processing facility), ashes, or other household waste which is damp or capable of emitting odors. 6 (21) Gross floor area: The total square feet of all floors in a building measured to the outside faces of exterior walls or to the line of an omitted wall, whichever includes the largest area. 8 10 (22) Habitable room: A room or enclosed floor space used, or designed to be used, for living, sleeping, cooking, or eating purposes, but not including bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets, storage or utility spaces. 12 14 (23) Habitable space: The space occupied by one or more persons while living, sleeping, eating, or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, closets, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, or basement or cellar recreation rooms. 16 18 20 (24) Hot water: Hot water supplied to plumbing fixtures at a temperature of not less than one hundred ten degrees Fahrenheit (110° F). 22 (25) Infestation: The presence within or contiguous to a dwelling unit of insects, rodents, vennin, or other pests. . (26) Kitchen: A space used for cooking or food preparation. 26 28 (27) Landlord: The owner, lessor, or sub-lessor of a dwelling or apartment building. 30 (28) License: A multi-family dwelling complex license. 32 (29) Litter: Garbage, refuse, rubbish, and all other waste material deposited on the ground or in any place other than in an approved garbage receptacle. 34 (30) Master metered apartment house: An apartment house where the occupants are provided one or more utility services for which they do not pay the utility company directly. 36 38 (31) Mobile home: Any vehicle used or manufactured to be used as a temporary or pennanent dwelling or sleeping place for one or more persons; having no foundations other than the wheels, jacks, or skirtings; so arranged as to be integral to or portable by the mobile home; and includes self-propelled and non-self-propelled vehicles so designed and constructed, reconstructed, or added to by means of accessories in such manner as shall pennit the occupancy thereof as a temporary or pennanent dwelling or sleeping place for one or more persons. 40 42 44 . (32) Multi-family dwelling complex or apartment complex: Any building or group of buildings which provide four (4) or more dwelling units on a single platted lot, or if the land Ordinance No. 2743 Page 3 of21 . 4 on which the building or buildings is unplatted, then anybuilding or group 0 fbuildings which provide four (4) or more dwelling units on a tract or on contiguous tracts of land under a common ownership. 6 8 (33) Multi-family dwelling complex license: A license issued by the building official pursuant to this ordinance. 10 (34) Occupant: Any person living, sleeping, cooking, eating In, or having actual possession of a dwelling unit. 12 14 (35) Owner: A person claiming, or in whom is vested, the ownership, dominion, or title to real property, including but not limited to: 16 a. b. c. d. The owner of fee simple title; The holder of a life estate; The holder of a leasehold estate for an initial term of five (5) years or more; The buyer in a contract for deed; A mortgagee, receiver, executor, or trustee in control of real property; and The landlord, lessor, or sub-lessor of a dwelling or apartment building. 18 20 e. f. 22 . (36) Person: An individual, corporation, business trust, estate trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. 26 30 (37) Plumbing: Gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catch basins, wash basins, bathtubs, shower baths, waste sewer pipes and sewerage systems, septic tanks, drains, vents, traps, any other fuel-burning or water-using fixtures and appliances, private fire hydrants, and all connections to water, waste, sewer, or gas pipes. 28 32 34 (38) Potable water: Water duly approved as satisfactory and safe for drinking by the Water Utility Department of the City. 36 (39) Premises: A lot, plot, or parcel of land including any structures thereon. 38 (40) Property manager: A person who has managing control of real property. In a condominium regime, this includes the council of owners. 40 42 (41) Provisional certificate of occupancy: A certificate of occupancy issued on a temporary basis for a period of thirty (30) days unless otherwise noted by the building official or his or her designated representative. 44 . Ordinance No. 2743 Page 4 of21 . 4 (42) Refuse: All putrescible and non-putrescible solid waste (except body waste) including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. 6 (43) Regular license fee: The monetary fee a multi-family dwelling complex licensee must pay per dwelling unit per year. 8 10 (44) Resident manager: An on-site manager or agent of a property manager who is the person with whom the tenant nonnally deals concerning the rental agreement or apartment building use of the property. 12 14 (45) Rooming house: A building providing two or more sleeping rooms for rent, other than an eleemosynary or other nonprofit institution, and other than an apartment house. 16 (46) Rubbish: Non-putrescible solid waste consisting of either combustible or non- combustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. 18 20 (47) Secure: To lock all exterior doors and windows within twenty four (24) hours after such units become vacant and exercise reasonable care to maintain such locks as necessary to deter unauthorized entrance into any unoccupied dwelling. 22 . (48) Single location: Property held in common ownership that is on a single tract or on contiguous tracts separated only by public streets. 26 32 (49) Structure: That which is built or constructed; an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (50) Swimming pool: Any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or physical fitness, or recreational bathing and having a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks. 28 30 34 (51) Telephone answering service: A service company, mechanical service, or any other service that establishes contact with or gives instructions how to establish contact with an appropriate person when an occupant, official, or emergency response service needs prompt assistance. 36 38 40 (52) Tenant: Any person who occupies a dwelling unit for living or dwelling purposes with the landlord's consent. 42 (53) Utility company: The entity providing gas, electric service, water or sanitary sewer to a master metered apartment house. 44 . (54) Utility interruption: The tennination of utility service to a master metered apartment house, by a utility company for nonpayment of billed service. Ordinance No. 2743 Page 5 of21 . (55) Washateria: A self-service laundry room accessible to all residents and which contains two (2) or more pairs of washers and dryers. 4 Sec. 5-161. Structural requirements. 8 (1) General. Buildings or structures may be of any type of construction pennitted by the building code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every pennitted type of construction shall comply with the applicable requirements of the building code. 6 10 12 14 (2) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. 16 (3) Protection of materials. All wood shall be protected against tennite damage and decay as provided in the building code. Sec. 5-162. Mechanical requirements. 18 (1) Heating. Dwelling units and guest rooms shall be provided with heating facilities capable of maintaining a room temperature of seventy degrees Fahrenheit (700 F) at a point three (3) feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition in accordance with the building code, the mechanical code, and all other applicable laws. Unvented fuel-burning heaters are not pennitted. All heating devices or appliances shall be of an approved type. . 22 24 (2) Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. 26 30 Where there is electrical power available within three hundred (300) feet of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two (2) electrical convenience outlets or one (1) convenience outlet and one (1) electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one (1) electric light fixture. 28 32 34 (3) Ventilation. Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the mechanical code and in this code. Where mechanical ventilation is provided in lieu of the natural ventilation required by this code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof. 36 (4) Secure vacant or unoccupied dwelling units from unauthorized entry. . Ordinance No. 2743 Page 6 of21 . Sec. 5-163. Exits. 4 Dwelling units or guest rooms shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by the building code. Sleeping rooms below the fourth story shall have at least one (1) operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. 6 8 Sec. 5-164. Fire Protection. All buildings or portions thereof shall be provided with the degree of fIre-resistive construction as required by the building code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fIre extinguishing systems or equipment required by the building code in effect at the time the building was constructed. 10 12 14 Sec. 5-165. Multi-family dwelling unit owner responsibilities. The landlord, owner, lessor, sub-lessor and property manager of a multi-family dwelling unit shall each be responsible for the maintenance, structural soundness and operative condition of all installed systems including, but not limited to, plumbing, electrical, heating, air conditioning systems thereof, and shall be responsible for providing and maintaining the following: 16 1. 20 (1) 22 (2) (3) 24 (4) 26 (5) 28 30 32 (6) 34 . Ordinance No. 2743 Page 7 of21 Water and sewer systems; Bathroom facilities-water closet, lavatory, and shower or tub; Kitchen facilities - cooking and refrigeration appliances, including a kitchen sink; Windows, unless broken out by occupants, but same shall be repaired before being occupied by new occupants; Window screens on every operable window used for ventilation purposes from a dwelling unit, directly to or from outdoor space, shall be equipped with insect proof screens unless it can be verifIed that said screen(s) are broken out by the tenant, but said screen(s) shall be repaired or replaced before the dwelling unit is occupied by a new tenant; Painting, waterproofmg, and repair to prevent deterioration due to the elements which shall include but not be limited to, loose siding with holes, excessive cracks or rotted boards which permit air or water to penetrate rooms, loose roof covering, holes or leaks in roof which cause damage to the . structure or rooms, rotting, saggIng, or deteriorating supports for steps, stairs, and porches; 4 (7) Extennination of insects, rodents and other pests in all occupied and/or unoccupied units of multi-family dwellings at least once per year, however, shall be required as necessary to prevent infestations; 6 (8) Central garbage and refuse disposal on the premises; 8 (9) Railings for stairs, steps, balconies, porches, and elsewhere as specified in the building code in effect at time of construction; 10 (10) Repair of holes, cracks and other defects in stairs, porches, steps and balconies reasonably capable of causing injury to a person; 12 (11) Repair of holes, breaks, and loose surface materials that are health or safety hazards in or on floors, walls, and ceilings; 16 (12) Screened cross-ventilation openings of not less than one and one-half (1 Yí) square feet for each twenty-five (25) lineal feet 0 f wall in each basement, cellar, and crawl; 14 . (13) Eliminate any holes, excavations, sharp protrusions, and other objects or conditions that exist on the land and that are reasonably capable of causing injury to a person; 20 (14) Eliminate holes, cracks, and repair damaged fences, retaining walls, dumpster screening, and the like; 26 (15) Fire and smoke detection systems, extinguishing appliances, fire alarm systems, fire sprinkler systems, fire hydrants, and portable extinguishers in accordance with state, federal and local laws. In buildings not equipped with smoke detectors at the time of their construction, one battery powered smoke detector shall be installed in each sleeping room and outside of each separate sleeping area in the immediate vicinity ofthe bedrooms; 22 24 28 (16) Securely cover or close any well, cesspool, or cistern; (17) Drainage to prevent standing and stagnant water on the premises; 30 (18) Removal of dead trees and tree limbs that are reasonably capable of causing injury to a person; 32 (19) The interior of vacant structures or vacant portions of structures free ITom rubbish and garbage; . Ordinance No. 2743 Page 8 of21 · (20) Not allow an overcrowded dwelling unit to be occupied; 4 (21) Install and maintain the parking lot, fire lane and required paved areas, including legible parking stripes and fIre lanes in accordance with City ordinances; 6 (22) 8 10 12 (23) 14 16 (24) 18 · (25) 22 (26) 24 (27) 26 28 30 Air conditioning capable of cooling to twenty (200 F) degrees less inside than outside temperatures, and function to at least fIfteen (150 F) degrees below 0 utside temperatures measured a tap oint not 1 ess than five ( 5) feet ftom an exterior wall, fIve (5) feet above the floor, and not in a direct air flow. If owner pays the electric bill, owner shall provide the required electricity; All swimming pools in a sanitary condition and remove all water and debris ftom a swimming pool not so maintained or in accordance with Tarrant County Health Department requirements. Decommissioned pools and abandoned pools must be fIlled with clean fIll dirt or pennanently covered with approved ftame and decking as required by the Building OffIcial; Provide and maintain all gas service lines to each dwelling unit that is heated by natural gas or gas water-heating devices or cook stove fueled by natural gas. If owner pays gas bills, provide necessary gas service. Maintain floors, walls, ceilings, and all structural members in an accessory structure, in a sound condition capable of bearing imposed loads safely; Repair or replace all broken sewer line(s), removing all residue and treating affected areas with a suitable disinfectant within seventy-two (72) hours of notifIcation. If central air conditioning is provided, it shall be operational at any time that temperatures in any dwelling unit in the complex exceed eighty-five degrees Fahrenheit (850 F). If central heat is provided, it shall be operational at any time the temperature in any dwelling unit in the complex is less than sixty degrees Fahrenheit (600 F). Sec. 5-166. Emergency Telephone Number. The owner, or his agent or manager of a multi-family dwelling complex, shall provide to each tenant an emergency telephone number which shall be answered twenty-four (24) hours each day by an employee or agent of the owner or property manager of the multi- family dwelling unit in which the tenant resides, or a telephone answering service in order that the tenant may report emergencies which cannot wait until the first business hours. 32 34 36 Sec. 5-167. Minimum responsibilities of occupant. · Ordinance No. 2743 Page 9 0[21 . An occupant shall: 4 (1) Maintain those portions of the interior of a dwelling unit structure under his control ftee fÌom rubbish, garbage, and other conditions that would encourage infestation of insects, rodents, vennin, and unsanitary conditions; 6 (2) Keep occupied area and all plumbing equipment and facilities provided in a clean, sanitary condition at all times; 8 (3) Connect plumbing fixtures and heating equipment that the occupant supplies in accordance with the applicable City codes; 10 (4) this code; Not alter a dwelling unit or its facilities so as to create a nonconfonnity with 12 (5) Replace windows and screens ifbroken out during tenant's occupancy; (6) Comply with maximum occupancy requirements specified in Section 5-172. 14 (7) Adhere to all applicable garbage and trash disposal standards; and (8) Not tamper with any required fire protection apparatus. . Sec. 5-168. Multi-family license required. 18 (1) It shall be unlawful for any person to own, operate, manage or maintain a multi-family dwelling complex in the city without a current and valid license having been issued for each multi-family dwelling complex. Any person owning, operating, managing or maintaining a multi-family dwelling complex at more than one (1) location shall obtain a license for each separate location. 20 24 (2) An owner, or the owner's authorized agent, of a multi-family dwelling complex shall file with the building official the trade name of his apartment complex, and it shall be unlawful for any person to use or pennit to be used more than one (1) trade name at a single location. 22 26 Sec. 5-169. License application, place of business, issuance, renewal and expiration. , (a) An applicant for a license shall file with the building official a written application upon a fonn provided for that purpose which shall be signed by the owner, landlord, or his or her agent or the council of owners of a condominium, or its agent. Should an applicant own a multiple-family dwelling complex at more than one location, a separate application shall be filed for each location. The following infonnation is required in the application: Name, address, and telephone number of the landlord, lessor, sub-lessor, owner, property manager, resident manager, and insurance company, trade name of apartment complex; names and addresses of all registered agents, if any of the parties above 28 30 32 Ordinance No. 2743 Page 10 of21 . 4 named are corporations; zoning categories; number of dwelling units broken down as to number of efficiencies, one bedroom, two-bedroom, and three-bedroom; telephone number, name, and address of a person responsible for paying utility bills. 6 (b) All licenses expire on the 31 st day of December of each year and shall be renewed no later than January 1 st of the following year. 8 (c) The building official may, at any time, require additional relevant infonnation of the owner or property manager to clarify items on the application. 10 (d) When more than fifty (50) percent of the ownership of the apartment complex changes or there is a change of a general partner, a new license shall be obtained within thirty (30) days of the change by the owner. There is no fee for such a new license. 12 (e) The owner or licensee shall notify the City of North Richland Hills in writing of each change in ownership and each change in property manager, resident manager, and/or individual responsible for compliance with this ordinance within thirty (30) days of the change. 14 16 (f) A condominium regime seeking a license shall provide the foregoing infonnation and in addition shall provide a copy of the application file marked by the county clerk of the instrument creating the condominium regime. In addition, the condominium regime shall name a designated agent to receive notices relating to the premises and give the agent's street address and telephone number, as well as name the council of owners. Such council of owners is hereby deemed to be a property manager of the property. 18 . 22 26 (g) If an annual I icense cannot be issued at the time the application is filed a temporary license may be issued upon payment of the license fee which shall be valid until such time as the annual license is issued or the temporary license is revoked for failure or refusal to comply with this chapter. 24 Sec. 5-170. License fee. 36 License fees will be collected with the monthly water bill(s) of the apartment facility on a "per unit/per month" basis. No annual license may be issued until all requisites for it have been met and the water utility account has been appropriately modified by North Richland Hills Water Department. The fee for a license for any period of time is twelve dollars ($12.00) per dwelling unit per year, prorated on a monthly basis. Should additional dwelling units be constructed on the multi-family premises after a license has been issued, no certificate of occupancy may be issued for the new units until the regular fee per dwelling unit has been addressed. Each washateria, clubhouse, or office may be counted as a separate unit and charged as set forth in this section. The fee for issuing a replacement or duplicate license is twenty dollars ($20.00). 28 30 32 34 . Sec. 5-171. License display, replacement and transferability. Ordinance No. 2743 Page 11 of21 . 4 (a) Each license issued, pursuant to this ordinance, to a multiple-family dwelling unit or condominium shall be posted and displayed in the business office of the multiple- family dwelling complex office or condominium office or at a conspicuous place to which tenants have access. 8 (b) A replacement license may be issued for one lost, destroyed or mutilated upon application on the fonn provided by the building official. A replacement license may have the word "Replacement" stamped across its face and may bear the same number as the license it replaces. 6 10 (c) A multi-family dwelling complex license is not assignable or transferable. (d) The fonn of the license may be prepared by the building official. 12 Sec. 5-172. License Standards. 14 Continued maintenance and observance of the standards contained in this article are conditions that shall be complied with in order to retain a license and to obtain any renewal of a license. Other standards to be observed in order to secure and maintain an annual license under this section: 16 18 2' (1) All city building, electrical, plumbing, heating and air conditioning codes in effect at the time building pennits were issued for the structure and health, and fire safety ordinances shall be complied with at all times. However, when a unit or building undergoes renovation or repair of its structure or system which requires a building pennit, the renovation or repair must be in compliance with the current code or codes. 22 (2) Notwithstanding the provisions of other city ordinances, the maximum number of persons per dwelling unit in a multi-family dwelling complex is as follows: 24 (a) No more than two (2) occupants per each bedroom are pennitted to reside in a unit plus one (1) additional occupant. For example: in a one-bedroom or efficiency unit, the occupancy shall not exceed three (3); in a two-bedroom unit, the occupancy shall not exceed five (5); in a three-bedroom unit the occupancy shall not exceed seven (7). 26 28 32 Exception: If the maximum number of persons per dwelling unit is exceeded due to a recent birth or adoption of a child, the occupants of the dwelling unit may continue to exceed the maximum number stated for no more than six (6) months following said birth or adoption. 30 34 (b) To assist compliance with this requirement, all licensees shall display in a conspicuous place, the following notice, the fonn of which shall be furnished by the City: . Ordinance No. 2743 Page 12 of21 · 4 "CITY OF NORTH RICHLAND HILLS IMPOSES THE FOLLOWING MAXIMUM OCCUPANCY RESTRICTIONS: 6 I-Bedroom or Efficiency Unit - No more than three (3) occupants per unit. 2-Bedroom - No more than five (5) 8 occupants per unit. 3-Bedroom - No more than seven (7) occupants per unit. 10 In the a ltemative, licensee may display a similar notice that establishes more restrictive occupancy maximum limitations. 14 (c) Licensee shall keep records that reflect the number of tenants in each unit. Said records shall be available for review by the building official during regular working hours and upon receipt of reasonable notice. 12 16 (d) It shall b e unlawful and a violation 0 f t his section for an 0 wner, property manager or resident manager, to knowingly pennit or allow a violation of any of the terms of subsection (2) hereof. · ( e) Occupancy maximum limitations shall not be applicable to a family residing in a dwelling unit on the effective date of this ordinance nor during the time said family continues to reside in the same dwelling unit. This exception does not apply to, permit, or allow any additional unrelated parties to reside in said occupied dwelling unit. 20 24 (f) An owner may establish a more restrictive occupancy limitation for each dwelling unit within an apartment complex, provided the occupancy is based upon persons per each established bedroom. 22 Sec. 5-173. Inspections authorized. 28 The Building Official, the Fire Chief, and the director of health services, or their designees are authorized to make inspections to determine the condition of dwelling units and premises located within the city. 26 Sec. 5-174. Inspections. 32 (a) The Building Official, the Fire Chief, and the director of health services, or their designated representatives are authorized to routinely inspect, and the owner, resident manager, and property manager in making application for license consent and agree to allow inspection, in whole or in part, as deemed necessary, at least twice a year of: 30 · Ordinance No. 2743 Page 13 of21 . The exterior of the structures and all of the common grounds of all multi-family housing complexes; 4 Any or all unoccupied dwelling units; Any or all occupied dwelling units; 8 Any or all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms, and all other portions of the facility not constructed as dwelling units; 6 10 Any dwelling unit, common grounds, or other structures upon receipt of a complaint ITom any person, city department or division that any dwelling unit, common grounds, or other structure may be in violation of this ordinance; and 12 All dwelling units in all parts of the city to detennine whether they are uninhabitable, dangerous, or otherwise in violation of this ordinance. 16 (b) All complaints to the above referenced officials shall be in writing, signed and dated by the complainant. A copy of this written notice shall serve as right of entry to conduct inspections in the complainant's dwelling unit. If the complaint is in regard to the common area of a condominium, the complaint shall be delivered to the person designated by the council of owners, if any such person has been designated. A copy of the complaint filed with the agent for the council of owners and submitted to the above referenced officials shall be accepted as written notice. 14 . 20 22 (c) The building official, or hislher designee, and the owner, resident manager, and/or property manager may agree on a reasonable date and time for each inspection. 32 (d) The building official, the director of health services, or fire chief upon presentation of proper identification to the occupant in charge of any unit, may enter, with the occupant's pennission, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to person, loss of life, or severe property damage, the building official, the director of health services, and the fire chief may, after presentation of proper identification, enter the aforementioned dwellings at any time. Except in the above referenced emergencies, whenever the building official, the director of health services, or fire chief is denied admission to inspect any premises under this provision, inspections may be made under the authority of a warrant issued by a magistrate. 24 26 28 30 34 With approval by the Building Official, the ITequency of inspections may be reduced once per year if the apartment complex is found to have deficiencies in less than 5% of the living units. 36 Sec. 5-175. Enforcement. . Ordinance No. 2743 Page 14 of21 . 6 (a) Remedies on reinspection. Upon reinspection, if a condition previously identified as a violation of this ordinance continues to exist after notice has been given to the owner or the owner's agent to abate the condition within a reasonable time period, the building official, director of health services, or fire chief, or their designated representative, shall have the following options: 4 (1) Grant one extension if: 8 a. The condition does not pose an immediate threat to life or health safety; and 10 b. The owner or owner's agent has demonstrated a reasonable attempt to comply: 12 By securing the servIces necessary, by contract or signed bid, that will achieve compliance within a reasonable time period; 14 16 But is unable to abate the conditions within the allotted time due to unavailability of materials, labor, utilities or by elements beyond owner's or owner's agent's control; or 18 . 20 The work started will be completed within a reasonable time. (2) File a complaint or complaints with the city attorney or cause a municipal court case to be filed against the owner, owner's agent, or occupant when the allotted time has elapsed. 22 32 (b) Revocation of certificate of occupancy and license. For failure to comply with the terms of this ordinance after receipt of a written notice of the violation from the building official, director of health services, or fire chief setting out the violations and in the reasonable time allowed to rectify the violations, the owner's certificate of occupancy may be withdrawn and the license authorized by this ordinance may be canceled for those units or structures in violation. The building official, director of health services, or fire chief may notify all public utility companies serving the apartment complex that the certificate of occupancy for the units in violation has been withdrawn and request that all public utility services be discontinued from those units in violation. 24 26 28 30 36 (c) Reinstatement of certificate of occupancy and license. The certificate of occupancy and license, if revoked, may be reinstated or reissued by the department of building inspections upon compliance with the violation notice and on request by owner, landlord, or property manager. 34 . Ordinance No. 2743 Page 15 of21 . 6 (d) Provisional certificate of occupancy. A provisional certificate of occupancy may be issued by the department of building inspections if utilities are necessary for repairs or renovation of a unit or structure and when necessary repairs could be performed in an occupied unit or building without any threat to the occupants' life or health safety. 4 8 Sec. 5-176. Right of entry of the building official, fire chief, and director of health services. 10 For the purpose of making the inspections authorized and required by the provisions of this article, the building official, fire chief, and director of health services, are hereby authorized to enter, examine and survey at all reasonable times all dwelling units and all premises within the city. Should the occupant, landlord, property manager, or other person in charge refuse entry, the inspector may secure a warrant to enter said premises. 12 14 Sec. 5-177. Governmental inspection fees. 16 The building official the director of health services, or fire chief may charge a fee of twenty-five dollars ($25.00) for each building he or she is called upon to inspect by any rule or requirement of a governmental agency other than the City of North Richland Hills. The owner, owner's agent, or occupant shall pay the fee before the department of building inspections, the director of health services, or fire chief makes an inspection. 18 . See 5-178. Appeals to the city. 24 (a) The owner, landlord, resident manager or property manager of such property may appeal any decision or order of the building official, if it is in conflict with the provisions of this chapter to the Substandard Building Board by filing with the Building Official, within seven (7) days of such decision or order, a written appeal to the city manager on a form to be supplied by the building official. 22 30 (b) As soon as practicable after receiving the written appeal, the Substandard Building Board may establish a date, time, and place for the hearing 0 f t he appeal. Written notice of such date, time and place of the hearing may be given to each appellant by the Building Official, 0 r his 0 r her a gent, either b y causing a copy 0 f such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the written appeal, or if none, to the address shown on the last issued license. 26 28 32 34 (c) Failure of any person to file an appeal in accordance with the provision of this Code is a waiver of his or her right to a hearing and the building official' decision shall be final. 36 (d) Orders of the building official are stayed pending appeal. -- ( e) The decision of the Substandard Building Board shall be final. Ordinance No. 2743 Page 16 of21 . Sec. 5-179. Records of ownership and management maintained by utility companies. 4 Before providing utility service to a new account at a master metered apartment house, a utility company may obtain: 6 (1) The name and address of the owner or owners of the building; 8 (2) The name and address of the property manager responsible for paying the utility bills; and 10 12 The utility company may maintain a record of the information obtained and may make it available to the director of health services, building official, or the fire chief. 14 (3) The name and address of the first lien holder, if any. 16 The applicant for utility service may provide the information required herein to the utility company. . Sec. 5-180. Notice of utility interruption. 18 (a) A utility company may make a reasonable effort (including, but not limited to, messenger delivery) to provide notice of a pending utility interruption to tenants of a master metered apartment house. 20 (b) A person commits an offense if he or she: 22 Interferes with an employee of a utility company posting notices of a utility interruption at dwelling units 0 fa m aster metered apartment house; or 24 26 Removes a notice of utility interruption posted at a dwelling unit of master metered apartment house. 28 (c) It is a defense to prosecution under subsection (b)(2) that the person is a resident of the dwelling unit from which notice is removed. 30 (d) A utility company providing gas, electricity, water or sanitary sewer may send to the building official, a copy of each tennination of service letter or notice sent to the owner, manager, or property manager of a master metered apartment house, prior to disconnecting service. 32 . Ordinance No. 2743 Page 17 of21 . Sec. 5-181. Nonpayment of utility bills essential utility service. 6 (a) The owner or property manager of a master metered apartment house commits an offense if he or she fails to pay a utility bill and the nonpayment results in the interruption to any dwelling unit of a utility service essential to the habitability of the unit and the health of the occupants. Essential utility services are gas, electric, water and sanitary sewer. 4 8 (b) The owner or property manager of master metered apartment house who violates subsection (a) is guilty of a separate offense for each dwelling unit to which utility service is interrupted. 10 12 (c) It is a defense to prosecution under this section that the tenant occupying a dwelling unit to which utility service is interrupted is in arrears in rent to the owner or property manager of the master metered apartment house. 14 Sec. 5-182. Notice of violation. 18 (a) When the director of health services, the building official, or the fire chief detennines that there is a violation of this chapter they may give notice of the violation to the owner, property manager, or the person responsible. The notice shall be in writing, specifying the alleged violations and providing a reasonable length of time for compliance. Notice to the owner or property manager of or any other person having a vested interest in a multi-family dwelling complex shall be effective upon placing it in the U.S. Mail, postage prepaid, and addressed to the name and address shown on the multi-family dwelling complex application for the current m ultiple- family dwelling complex license 0 r in hand delivery. 16 . 22 26 (b) If the owner or property manager of the property resides outside Tarrant County, the director of health services, the building official, or the fire chief, may give notice to the property manager or on-site property manager. Upon receipt of a notice of violation, a property manager or on-site property manager, shall notify the owner of the specifics of the notice of violation and shall make every reasonable effort to have the owner or property manager correct the violation. 24 28 30 32 (c) The director of health services, building official or the fire chief have the authority to enforce the provisions of this ordinance." Section 2: Any person, finn or corporation violating any provision of this ordinance dealing with safety shall be deemed guilty of a misdemeanor and upon fmal conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). All other violations shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00). Each day any such violation shall be 34 36 - Ordinance No. 2743 Page 18 of21 . 4 Section 3: 6 8 10 Section 4: 12 14 allowed to continue shall constitute a separate violation and punishable hereunder. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected b y t his ordinance, but may be prosecuted until final disposition by the courts. The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This 0 rdinance shall be in full force and effect immediately upon passage. 16 AND IT IS SO ORDAINED. 18 PASSED AND APPROVED this 13th day of October, 2003. 2' 22 24 ATTEST: 26 28 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor 30 Patricia Hutson, City Secretary . Ordinance No. 2743 Page 19 of21 . APPROVED AS TO FORM AND LEGALITY: 4 6 George A. Staples, Attorney 8 APPROVED AS TO CONTENT: 10 12 Department Head 14 . . Ordinance No. 2743 Page 20 of21 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10/13/03 Subject: Appointment of Chairman to Reinvestment Zone No. 1 & Chairman to Reinvestment Zone No.2 Agenda Number: GN 2003-123 In accordance with the bylaws for Reinvestment Zone Number One and Reinvestment Zone Number Two, the City Council is to appoint the Chairman to both boards on an annual basis. Mayor Trevino was appointed last October as Chairman to both boards. The other officers consisting of a Vice-Chairman and Secretary are to be elected by the Board of Directors. Recommendation: To appoint the Chairman of the Reinvestment Zone Number 1 and the Chairman of Reinvestment Zone Number 2. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds ÄvallaDle ~CI¿~ Department Head Signature Finance Director p;;¡OP. 1 of CITY OF NORTH RICHLAND HILLS epartment: City Secretary Council Meeting Date: 10/13/03 Subject: Appointments to NaminQ Board Agenda Number: GN 2003-124 The Naming Board was established by Ordinance No. 2517 for the purpose of submitting recommendations to the City Council for the naming of City facilities, which include parks, buildings, streets and other publicly owned facilities. The Board consists of three council members. Mayor Trevino, Mayor Pro Tem Tolbert and Councilman Metts are currently serving on this board. The ordinance states that appointments to the Naming Board will be made annually on or before November 1 to serve one-year terms and that the Mayor subject to council approval makes the appointments. Mayor Trevino is recommending that Councilman Metts, Mayor Pro Tem Tolbert and himself be reappointed to the Naming Board. Recommendation: To approve the recommendation of the Mayor to appoint Councilman Metts, Mayor Pro Tem Tolbert and Mayor Trevino to the Naming Board. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Ävallable et2Cv(ü~~ Department Head Signature Finance Director P~af! 1 of 1 CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 10/13/03 Subject: Approval of New Committee Members to the Youth Advisory Committee GN 2003-125 Agenda Number: The Youth Advisory Committee (YAC) by-laws specify that 10 members are to be appointed for a two-year term and 6 members are to be appointed for a one-year term for a total of 16 members. In addition, among those 10 members appointed to a two-year term, there can be no more than 3 members from anyone high school. Currently, there are 6 members of the YAC that are completing the 2nd year of their 2 year term (3 from Richland and 3 from Birdville) and two members recently appointed for a one year term. This leaves 4 two-year positions and 4 one-year positions to be filled. In an effort to begin filling these vacancies, the following new members are recommended for appointment: Cheris Hart John Mcintosh Fort Worth Christian Junior Richland High School Senior 2 year term 1 year term These new appointments are in accordance with the Y AC by-laws. Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for 2003-2004. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ¡£A~~~4t{;~ . Deparf ent Head Signa e Account Number Sufficient Funds Available Budget Director Finance Director ~t£y~ , I CITY OF NORTH RICHLAND HILLS Department: BudQet & Research Council Meeting Date: 10/13/2003 Subject: Tarrant Appraisal District Board of Directors - Nomination Agenda Number: GN 2003-126 for Upcoming Election - Resolution No. 2003-080 During the August 25, 2003 Pre-Council meeting, Staff informed Council that the Tarrant Appraisal District (TAD) would be conducting its Board of Directors election in December of this year (please see the attached letter, which you received a copy of on August 25th). As a quick reminder, the following are the steps in the election process: 1. Nominations must be made in an open meeting of the City Council in the form of a resolution Æl October 15. 2003. If Council chooses to nominate one or more individuals to the board, action will be necessary during toniQht's Council meetinQ. 2. TAD will distribute ballots listing all nominees submitted by Tarrant County taxing units by October 30, 2003. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 15, 2003 and the five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for a two-year term beginning January 1, 2004. Since our last discussion on this issue, Staff contacted all neighboring cities and local school districts once again to determine who they will be supporting. Most cities and school districts were undecided and Staff was able to obtain only two names. The name most often mentioned was Mr. John Henry Clanton. Mr. Clanton is the only current TAD board member to reside in Northeast Tarrant County and he also serves as a member of the HEB I.S.D. Board of Trustees. To our knowledge, Mr. Clanton has done a good job and has represented the Northeast Tarrant area well. Recommendation Should Council decide it desires to nominate someone to the TAD Board, it is recommended that Resolution No. 2003-080 be approved with Mr. Clanton written in as the City's nominee. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number nla Suffici t Funds Available voL-- ~ Finance Director '- Page 1 of_ . RESOLUTION NO. 2003-080 WHEREAS, the City Council of the City of North Richland Hills desires to nominate a candidate(s) to serve as a member(s) of the Board of Directors of the Tarrant Appraisal District; and WHEREAS, the City Council recognizes the importance of the Board of Directors in providing leadership for the Tarrant Appraisal District; and WHEREAS, the City Council wishes to promote a continued emphasis on fair and uniform appraisals and the efficient operation of the Tarrant Appraisal District; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT be nominated to serve as a member of the Tarrant Appraisal District Board of Directors during the two year term beginning January 1,2004. PASSED AND APPROVED the 13th day of October 2003. . APPROVED: Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples - Attorney for City .PPROVED AS TO ~ONTENT: JÚUAJ-~ Karen Bostic - anaglng Director Oct 08 03 03:52p John Henr~ Clanton 817-314-3175 p.l . Biography John Henry Clanton John Henry Clanton has been a resident ofTmant County for 35 years. Clanton has been President of the Hurst-Euless-Bedford Independent School District Board of Trustees since.May 8, 2001. He has served on the Board since May 1995, and his term expires in 2004. He served as Vice President from May 6, 1997 through May 8, 2001, when he became President. A:; a fanner educator, Clanton has spent much ofhis time trying to improve the quality of life in his community and in BEB schools throngh his professional and civic involvement in many organizations. He has served as Preµdent oftbe HEB Administrators Association; HEB Vocational Director; State Chair for V ocatiooal Industrial Clubs of America; State President of Texas Industrial Vocational Association; President ofHEB Retired School Employees . Association; and serves on the HEB Education Foundation. He has served as a United Way campus representative and HEBDistrict Chair, President of the HEB Sports Hall of Fame; Mid- Cities Optimist Club; Hurst Lions Club; City of HUlSt Zoning Adjustment Board; Neighborhood Cancer Association Representative; and was named HUlSt Citizen of the Year. Clanton is a native ofWicbita Falls, where he was bom in 1931. He received a Bachelor of Science degree in history and speech from Midwestern University in 1957. He received a mastcr's degree in educational admiTriRtration and history from the Univeøity ofTex.as at El Paso in 1964. John Henry Clanton is married to Patsy, his wife of 40 years. They have a daughter, Marci Meyer, and two ~dc!ñ1dren, Ryan Gober and Heather Meyer. John Henry and patsy live in Hutst. . TARRANT APPRAISAL DISTRICT 2500 Handley-Ederville Road· Fort Worth, Texas 76118-6909· (817) 284-0024 John R. Marshall ExM:ut1w DinIctor Chief ApprUer // August 7, 2003 ;" I Mr. Oscar Trevino I Mayor City ofN. Ric P. O. Box 82 09 N. Richland . , Texas 76180 RECEIVED AUG 08 2003 Dear Mr. Trevino: The terms of service for our five members of the Board of Directors will expire on December 31, 2003 and it is time to begin the process of conducting an election. . Based on the amount of the 2002 adjusted tax levy imposed by each eligible taxing unit, we have calculated the number of votes for your entity. The enclosed list will provide you with that information. The first step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. The County Tax Assessor/Collector is a member of the Board of Directors by law. . In order to be eligible to serve as directors, the 2004 nominees must have resided in the Tarrant Appraisal District fOT at least two years prior to January 1,2004. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. However, an employee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners in proceedings in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if he, or a business in which he has a substantial interest, enters into a contract with the appraisal district or enter~ into a contract with .a taxing unit in the district, if that contract relates to the performance of an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or determining eligibility for exemptions). A substantial interest exists where the person and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or . . . Letter to Taxing Units Election oíBoard of Directors August 7, 2003 Page 2 either of them is a partner, limited partner or an officer. If you have questions concerning the qualifications of nominees for a Board position, please call the undersigned. The nominations for Directors, which must be made in:an open meeting of your taxing unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a resolution adopted by the governing body by October 15, 2003, giving the names and addresses of the nominees. A current resume or vita is also helpful. The appointment calendar is as follows: By October 15, 2003 By October 30, 2003 By December 15,2003.. By December 31, 2003 Nominations by resolution Ballots listing nominees delivered to Presiding Officer Entity submits votes by resolution to Chief Appraiser Five (5) nominees receiving largest cumulative vote totals are elected Board takes office for two year term January 1, 2004 The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. If you have any questions, do not hesitate to call the undersigned. Sincerely, John R Marsball Executive Director Chief Appraiser JRM:mm EncL J cc: City Managers . Board of Directors Tarrant Appraisal District 2002 - 2003 Joe Potthoff, Chairman John Clanton, Secretarý , James Dennis, Member Charles Rogers, Member John Molyneaux, Member Betsy Price, N on-Voting Member . . TARRANT APPRAISAL. DISTRICT 2003 CAL.CULATION OF TAXING ENTITY VOTES FOR BOARD OF DIRECTORS (Section 6.03 Property Tax Code) Basad on Sa a er 1 2002 Net T e Values and October 1 . 2002 % TAXES OF 2003 TAXING ENTITY IMPOSED IQJA1. ~ SCHOOLS: Arlington $ 298,574,877 15.28329% 764 Azle $ 17,143,417 0.87753% 44 Birdville $ 89,545,883 4.58363"1_ 229 Carroll $ 66,741,907 3.41635% 171 CastleberÌ'y $ 5,045,957 0.25829% 13 Crowiey $ 44,720,402 2.28912% 114 Eagle Mountain/Saginaw $ 42,612,864 2.18124-10 109 Evennan $ 9,186,099 0.47021"1_ 24 Fort Worth $ 274,834,810. 14.06810% 703 GrapevinelColleyvil1e $ 127,635,7704 6.53335% 327 HurstJEulessJBedford $ 119¡488, 1~ 6.11630% 306 Keller $ 86,696,586 4.43778% 222 Kennedale $ 10,443,855 0.53459% 27 Lake Worth $ 6.515,972 0.33354-10 17 Mansfield $ 71,532.698 3.86158% 183 White Settlement $ 11,233,890 0.57503% 29 TOTAL SCHOOLS $ 1,281,953,176 65.61992% . 3,281 CmES: Arlington $ 91,697,866 4.69378% 235 Azle· $ 2,937,122 0.15034% 8 Bedford $ 10,232,459 0.523TI-1o 26 Benbrook $ 6,766,956 0.34638% 17 Blue Mound $ 326,909 0.01673DIo 1 ColleyvUIe $ 8,335,024 O.42685"1D 21 . Crowtey $ 1,972,254 0.10095% 5 Dalworthington Gardens $ 374,013 0.01914D/o 1 Edgecllff Village $ 505,845 0.02589% 1 Euless $ 9,970,368 0.51036% 26 Evennan $ 1,020,570 0.05224% 3 Forest Hili $ 2,725,921 0.13953% 7 Fort Worth $ 208,675,150 10.68155"1D 534 Grapevine $ 16,312.428 0.83499% 42 Haltom City $ 5,928,389 0.30348% 15 Hulet $ 928,344 0.04752% 2 Hurst $ . 9,149,707 0.48835"/0 23 Keller $ 10,064, 102 0.51516% 26 KennedaJe $ 2. 127,462 0.10890% 5 Lakeside $ 173,850 0.00890% 0 Lake Worth $ 761,912 0.03900% 2 Mansfield $ 14.497,781 0.74210D/o 37 North Ricbland Hills $ 16,200,365 0.82926"10 41 pantego $ 885,993 0.04535% 2 Pelican Bay $ 129,608 0.00663% ° Ricbland Hills $ 1,568,655 0.08030% 4 River Oaks $ 1,283,887 0.06572% 3 Saginaw $ 3,707,413 0.18977"10 9 Sansom Park $ 373,822 0.01913% 1 Southlake $ 15,600,660 0.79856% 40 Watauga $ 5,091,396 0.26062"10 13 Westover Hills $ 1,150,192 0.05888% 3 Westworth Village $ 150,060 0.00768% ° White Settlement $ 2.412.072 0.12347"10 6 TOTAL CI11ES $ 454,038,535 23.241Q8% 1,162 . , OTHER: Tarrant County $ 217,511,829 11.13900% 557 TOTAL. OTHER $ 217,611,829 11.13900% 557 !TOTAL ALL I $ 1,953,603,540 ¡ 1 OOO¡. ¡ ¡ 5.000 1 . · CITY OF NORTH RICHLAND HILLS ~ Department: Fire Council Meeting Date: 1 0/13103 Subject: Architect Contract for Fire Station 2 _& 3.. Remodel - Agenda Number: PU 2003-047 Resolution No. 2003-079 The purpose of this report is to seek the Mayor and Council's approval for the City Manager to enter into a contract with an architectural firm to design the remodel of the City's Fire Stations # 2 & 3. A Fire Station Architect Selection Committee was appointed by the City Manager to evaluate the firms responding to the City's Request for Qualifications for an architect to design the remodel of two existing fire stations in North Richland Hills. The Committee consisted of Fire Chief Andy Jones, Jr., Fire Lt. Mike Rawson, Police Capt. Mike Young, Library Director Steve Brown, Utility Service Manager Angel Holbert, and Support Services Project Manager Ken Raney. Executive Summary The Fire Facility Upgrade Project was one of the City projects approved by voters in the February 2003 Bond Election. Project Budget is $900,000.00 with $700,000.00 for construction, $160,000 for land acquisition, design and engineering, and $40,000 for equipment. The Fire-Btation Architect Selection Committee went through an extensive, multi step process to evaluate Architectural firms which provided us with packets expressing interest in designing the remodels of Fire Stations # 2 and 3 for our City. The final results of the evaluation process identified three firms that would be very capable to design the remodels of our two fire stations. Those three firms are listed below in order of their ranking based on a scoring methodology agreed upon and applied by each Committee Member. 1. Petrelli* associates, inc. and Cole + Russell Architects 2. Halff Associates 3. Wiginton Hooker Jeffry Architects The scoring was close with only two points between # 1 and # 2 and eight points between # 2 and # 3. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Ävallable Dep~Jd!I~,*3:FP' OJ Finance Director Budget Director Page 1 of 3 CITY OF NORTH RICHLAND HILLS The Three Finalists Petrelli *associates is a multifaceted design firm out of Arlington, offering services in architecture, planning and interior design for 15 years and is led by the Principal of the firm, J. W. "Bill" Petrelli, Jr. His partner for this project is Cole + Russell Architects out of Cincinnati, Ohio led by Principal David Acomb. Cole + Russell is nationally known and published for their innovative and cost effective fire station design concept called "training by design." Together this design team has over 112 years of combined experience having completed some 30 Fire Facilities. This design team has extensive municipal renovation background including numerous fire station renovations. The Principals from both firms have committed their undivided attention for this project. Halff Associates is a large Texas based firm with offices in both Dallas and Austin. The firm employs some 340 members including architects, engineers, landscape architects surveyors and environmental scientists. Their design team would be led by Gregory G. Schon, AlA, who in the last 15 years has been involved in some 30 fire station projects. Halff Associates has been involved in municipal renovation projects for more than 50 years. Wiginton, Hooker Jeffry Architects is a Dallas based full service architectural firm founded in 1978 with extensive municipal design experience and specializing in fire station design. A Principal of WHJ Architects, Mr. Tony Jeffry, AlA, is currently the design architect for the City's two new Fire Stations. Mr. Jeffry has been involved in some 18 fire station projects in the last 11 years. Although dealing primarily with new fire station construction, WHJ did have some renovation experience with fire facilities. The Process The City of North Richland received packets from thirteen architectural firms expressing interest in designing the remodels of our two fire stations. After an extensive four phase evaluation process, the Committee identified the above referenced firms as those that best responded to the City's RFQ and that best fit the City's needs. The evaluation phases included both individual and group evaluations of the firms who submitted packets as well as reference checks from past clients of these firms. Members from these three firms were invited to make presentations to and be interviewed by the committee. The final scoring of the three firms included consideration of all four phases of the evaluation process. Conclusion In consideration of the Fire Station Architect Selection Committee's work and input in the extensive evaluation process described in this report, the recommendation of the Committee is to approve Resolution No. 2003-079 and enter into contract with the Petrelli* associates, inc. and Cole + Russell Architects Team for our Fire Station remodel project. The total amount being $122,000, which includes $90,000 for architectural services. This contract fee includes architectural fees, civil engineering, surveying and platting, State compliance services, contract cost estimating services and color rendering services. These fees are well within the range expected for this size and type of municipal renovation project. - CITY COUNCIL ACTION ITEM Page 2 of 3 __.L.~...·".~ ..._.0 "~'.'.."~ ~.~~..~ ... CITY OF NORTH RICHLAND HILLS The majority of the Committee members felt that the synergy of the Petrelli* associates, inc. and Cole + Russell Architects Team along with their very contemporary and cost effective "training by design" concept gave them the edge over the other two firms. Recommendation To approve Resolution No. 2003-079. :: -;--. . CITY COUNCIL ACTION ITEM Page 3 of 3 . ..., . . . Resolution No. 2003-079 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: The City Manager be, and is hereby authorized to execute the contract with Petrelli* associates, inc. and Cole + Russell Architects Team to remodel Fire Stations 2 & 3, as an act and deed of the City. PASSED AND APPROVED this the 13th day of October 2003. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: iWRo~~, Andrew A. Jone ,Jr., Fi Chief --;....