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HomeMy WebLinkAboutCC 2004-03-11 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MARCH 11,2004 - 5:45 P.M. For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. I NUMBER I ITEM I ACTION I TAKEN 1. Discuss Items from Regular March 11,2004 City Council MeetinQ (5 Minutes) 2. IR 2004-026 Presentation by Mr. Dan Quinto for the Purpose of a Development Update on the Hometown Addition (15 Minutes) Discuss Possible Dates for TIF #2 and Hometown Library 3. IR 2004-025 Work Session (5 Minutes) *Executive Session - The Council may Enter into Closed 4. Executive Session to Discuss the Following: a) Consultation with Attorney to Consider Possible Litigation as Authorized by §551.071 - Charter Communications b) Deliberation Regarding Economic Development as Authorized by §551.087 - South Grapevine Highway Corridor Area c) Deliberation Regarding Real Property as Authorized by ~551.072 - Mid Cities Area I /5. I Adjournment I *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. 3 ['5\ ~yTED 03/11/04 City Council Agenda Page 1 of 4 Dat~ 4')5 ~ I(ì . Time &y ~ ~·lJ..vJ~ ^ ".__.~._._...~._-.~-~~.~,~"._-...~..~ ._-..__._."....~.."~._-~~." CITY OF NORTH RICH LAND HILLS CITY COUNCIL AGENDA MARCH 11,2004 -7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Councilwoman Johnson 3. Pledge - Councilwoman Johnson 4. Special Presentations - Proclamation - Red Cross Month 5. Citizens Presentation 6. Removal of Item(s) from the Consent AQenda 03/11/04 City Council Agenda Page 2 of 4 .. ~.. ·----.-..-"~--'-~__.~~_.._~w_.__.__~_._.___."~____ 7. Consent a. Minutes of the February 23, 2004 Council Agenda Meeting PS 2004-01 b. Consideration of a Request from City of North Richland Hills to Approve the Final Plat of Lot 11 R, Block 3 J. L. Autrey Addition (Located at 4001 Rufe Snow- 1.987 acres) PS 2004-08 c. Consideration of a Request from City of North Richland Hills to Approve the Final Plat of Lots 1 & 2, Block 1 Brown Park Addition (Located in the 8200 Block of Shadywood Lane - 7.010 acres) PU 2004-015 d. Award Bid for Traffic Materials Supply Contract to Rocal, Inc. and Roadrunner Traffic Supply - Resolution No. 2004-017 PU 2004-016 e. Authorize Contract Extension with VMC Landscape Services for the Rights-of- Way Contract Mowing - Resolution No. 2004-018 8. PS 2004-03 Public Hearing to Consider a Request from Fountain Ridge, Ltd. to Approve the Final Plat of Lots 1 Rand 2R, Block 3 Fountain Ridge (Located in the 5900 Block of Davis Boulevard .354 acres) 9. PZ 2000-36R1 Public Hearing and Consideration of a Request from Today Realty Advisors, Inc. for a Revision to the Approved "PO" Planned Development District to Include a "Trade or Business School" as a Permitted Use (Located at 6311-6361 Grapevine Hwy - 42.090 acres) - Ordinance 2775 10. PZ 2004-05 Public Hearing and Consideration of a Request from Service King Paint and Body L.P for a Special Use Permit (SUP) for an Auto Alarm, Stereo Electronics Installation and/or Repair (Located at 6920 N.E. Loop 820 - .37 acres)- Ordinance 2777 03/11/04 City Council Agenda Page 3 of 4 .- _.-..._"--_..~--~----..---.~~-"-_._---_.~.~-_._-~~--- 11. PZ 2004-02 Public Hearing to Consider an Ordinance amending the Subdivision Regulation Requirements Concerning the Location of Above-Ground Utility Service Appurtenances in Residential Subdivisions - Ordinance 2774 12. PZ 2003-28 Public Hearing and Consideration of a Request from Arcadia Holdings, Inc. to Approve a Revised Thoroughfare Plan for the Home Town NRH Addition Located West of Grapevine Highway and South of Mid-Cities Boulevard _ Ordinance No. 2776 13. PS 2004-02 Consideration of a Request from City of North Richland Hills to Approve the Final Plat of Lot 1, Block 1 Fire Department Addition (Located at 7245 HiQhtower - 2.7561 acres) 14. GN 2004-016 Approve Ordinance for Domestic Preparedness - Ordinance No. 2771 Approve 2004 Preventative Street Maintenance 15. GN2004-017 ProQram 16. PU 2004-011 Recommendation of the Parks and Recreation Advisory Board Regarding Change Order #1 to the Construction Contract with Dean Construction for Liberty Park and Tommy and Sue Brown Park in the Amount of $151,132 and Amend the FY 03/04 CIP Budget (Council continued item at their 2/9/04 meeting) 17. Action on Any Item Discussed in Executive Session listed on Pre-Council AQenda 18. Information and Reports 19. Adjournment 3 h\::r 03/11/04 City Council Agenda Page 4 of 4 Dat~ 'i. \5 ~\Y\ . Time ~ð-t C:,)"rMO-) By INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004-026 + Date: March 3, 2004 Subject: Update on HomeTown Development Dan Quinto from Arcadia Development will be giving a brief presentation to City Council at the pre-council session. A powerpoint presentation will include a general update on current activities in the HomeTown development. The primary topic covered will include a review of the new proposed elementary school and its impact on the thoroughfare system and the overall development plan. Mr. Quinto will also address current home sales to date, future roadway construction and future plans for commercial development, senior independent livilig and multi-family projects. The final plat and site plan for the new HomeTown elementary school will be coming to City Council for formal action in May. Dan will be available for questions or comments regarding the HomeTown development. SincereIY'G) . f\ ~l~ John Pitstick Development Director -<;;'--" '-- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004-025 Date: March 11, 2004 Subject: Discuss Possible Dates for TIF #2 and Home Town Library Work Session The City Council has requested information regarding plans for the new Library to be located in the Home Town development as well as an update regarding Tax Increment Financing District Number 2. Because of the amount of information and the potential for discussion, I would recommend holding a special work session to review and discuss these items. Given all that we have going on in March and the beginning of April, the best time for this work session may be the mid to late part of April and we wanted to go ahead and get this on your calendar. Some possible dates for this work session are: Thursday, April 15th Monday, April 19th Tuesday, April 20th Thursday, April 29th Please review your calendars so we can set a date for this work session during the pre council meeting. ',-- Respectfully Submitted, ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS -. '-"._.,------~._-~-~~.,''''-- CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, since September 11, 2001, our Homeland Security Advisory System that monitors the risk of terrorist attacks in our nation has been raised to "high" on four separate occasions. It is critical that all Americans and residents in North Texas remain vigilant, prepared and ready to deter terrorist attacks. The American Red Cross is an organization called upon to help our communities prepare; and WHEREAS, the American Red Cross is always there, under the same trusted symbol, serving our community and touching more lives by providing education, lifesaving information, training and disaster relief to families, schools and businesses. For the past 87 years, the Chisholm Trail Chapter of the American Red Cross has devoted itself to that goal; and WHEREAS, in the past year, the Red Cross responded to more than 650 disasters in the Chisholm Trail Chapter service area, from home fires to windstorms, gas explosions, and the Space Shuttle Columbia disaster. Services are provided free of charge, paid for by generous contributions from the American people; and WHEREAS, today the mission of the Red Cross is more relevant than ever as face unique challenges. Through its bold, new Together We Prepare initiative, the Red Cross is leading the way in empowering individuals and families to protect themselves by training in essential skills and disaster preparedness; and WHEREAS, the Red Cross was designated by the Congress of the United States in the act approved January 5, 1905, as amended 36 U.S.C. Sections 1-9, as the lead voluntary agency responsible for national and international relief in time of peace and to apply same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities, and to devise and carry on measures of preventing the same; and WHEREAS, March has been designated as " Red Cross Month" by U.S. Presidential Proclamation to celebrate the achievement of the Red Cross and the services it provides to communities nationwide. NOW THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills, do hereby pro,cICli~ March 2004 as: American Red Cross Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of rth Richland Hills to be affixed this the h day of Marc 2 04. 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 - FEBRUARY 23, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 23th day of February, 2004 at 5:30 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Karen Bostic Paulette Hartman Patricia Hutson George Staples Larry Koonce Mike Curtis Clay Caruthers Tom Shockley Thomas Powell Patrick Hillis John Pitstick Dave Green Jim Browne Andy Jones Lance Barton Chris Swartz Call to Order Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Interim Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Finance Director Public Works Director Budget Manager Police Chief Director of Building Services Human Resources Director Director of Development Zoning Administrator Parks & Recreation Director Fire Chief Assistant Public Works Director Aquatic Park Manager Mayor Trevino called the Pre-Council meeting to order at 5:30 p.m. All Council members present except Councilman Turnage who was present at 5:45 p.m. 1. Discuss items from Regular February 23. 2003 City Council Meeting No items were discussed. _.__.^~.._-~.__.,._--_.__._------~~~------ City Council Minutes February 23, 2004 Page 2 2. IR 2004-020 Discuss 2004 Bond Sale Mr. Koonce, Finance Director, gave an update on the proposed bond sale. Mr. Koonce advised all the projects listed for the sale are outlined in the Informal Report included in the agenda packet. The sale includes one project from the 1994 bond election and several projects from the 2003 bond election - all of which are on the long range capital plan. Two projects will be funded with certificates of obligation - Booth Calloway Ground Storage Repainting and the Golf Course Pavilion. Council will be asked at the March 22 meeting to pass a resolution authorizing the City's intent to sell certificates of obligation. There were no questions from the Council. 3. IR 2004-021 Police Department Racial Profilina Annual Report Police Chief Tom Shockley highlighted the racial profiling annual report. Chief Shockley advised that the report substantiates that there is not any racial profiling occurring in North Richland Hills. Chief Shockley advised three complaints were received over the year involving racial profiling and the officers were exonerated in all three instances. The video cameras in the patrol cars help to exonerate officers and show the cîtizens what occurred; in most cases it is the result of a misunderstanding. An evaluation of the data concludes that most traffic related contacts were made with Caucasian drivers followed by Hispanic and African American Drivers. The comparison of the data also concluded that the percentage of Caucasians that came into contact with police was greater than what the census shows as Caucasians having access to vehicles. Also, the percentages of African Americans, Hispanics and Native Americans that came in contact with the police were lower than each group's representation in the census. There was a brief discussion on possible legislation that would mandate a required form to be filled out for every traffic stop and the negative impact this requirement would have on law enforcement. Council agreed that the City would continue to oppose such legislation. 4. IR 2003-017 Discuss Upcoming Special Session of the Texas Legislature Ms. Paulette Hartman, Assistant to City Manager, advised it is anticipated that the legislature will meet in special session this spring to discuss school finance reform. The school finance legislation could have a potential negative impact on cities ability to generate revenue. Ms. Hartman outlined some of the plans being considered - · Any tax rate hike, new tax or change in policy resulting in an increase in revenue would require voter approval. · Property tax revenues cannot increase from year to year above the effective tax rate without voter approval. · Any multi-year obligations (bonds and contractual obligations) would require voter approval. ----~._-----._--<_._~.~._.._-._,.,..,~"--~.,"-,-,~~---,.__....~-_._~~."'_....,...._. City Council Minutes February 23, 2004 Page 3 · Any net revenue derived by a city from broadening the sales tax would be deposited to a "Texas Education Fund" and the comptroller would calculate the amount of city sales tax that should be retained by the state for the public school fund. · Measures to prevent cities and counties from increasing property taxes if local school tax rates are lowered. The plans proposed could hinder the city's ability to generate revenue and provide essential services to the citizens. The Council agreed that the legislation should be closely monitored and Staff was asked to set up a meeting with Representatives Griggs, Truitt and Senator Nelson, the cities they represent and the Quad cities to convey the position of the cities. Councilman Turnage present at 5:45 p.m. Council briefly discussed the impact the legislation would have on city services and how it could change the way cities do business and plan for the future. 5. Executive Session Mayor Trevino announced at 5:50 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) Deliberation Regarding Economic Development as Authorized by §551.087 - South Grapevine Highway Corridor Area b) Deliberation Regarding Real Property as Authorized by §551.072 - North Davis Area c) Consultation with Attorney to Consider Possible Litigation as Authorized by §551.071 - Charter Communications 6. Adiournment Mayor Trevino announced at 6:56 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order February 23, 2004 at 7:04 p.m. City Council Minutes February 23, 2004 Page 4 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 Staff: Larry J. Cunningham Patricia Hutson Alicia Richardson George Staples City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Associate Pastor David Ritsema of Oak Knoll Baptist Church gave the invocation. 3. PLEDGE OF ALLEGIANCE Associate Pastor David Ritsema led the pledge. 4. SPECIAL PRESENTATIONS FOURTH ANNUAL BUNNY DRIVE - Miss Haley Whatley announced the 4th annual bunny drive for Cook's Fort Worth Children's Medical Center. PROCLAMATION - ENGINEERS WEEK - Councilman Welch presented Public Works Director Mike Curtis with a proclamation proclaiming February 22-28 as National Engineers Week. City Council Minutes February 23, 2004 Page 5 5. CITIZENS PRESENTATION Mr. Charles Cole, 6125 Riviera Drive, spoke in favor of council supporting a senior tax freeze. Ms. Deborah Szymkowiak, 7501 Schiller Drive, asked for assistance with the commercial activity in her subdivision. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE FEBRUARY 05, 2004 COUNCIL WORK SESSION B. MINUTES OF THE FEBRUARY 09, 2004 COUNCIL MEETING C. GN 2004-012 APPROVE THE WAIVING OF STREET ESCROW FEES ALONG NORTH TARRANT PARKWAY FOR FOREST GLENN NORTH, LOTS 1-21, BLOCK 1 IN RETURN FOR DEDICATION OF PARK LAND D. GN 2004-013 APPROVE EASEMENT AND RIGHT-OF-WAY (ALONG 270 FOOT SECTION OF WESTERNMOST PROPERTY LINE OF CROSS TIMBERS PARK) FOR GAS SUPPLY TO TXU GAS COMPANY - RESOLUTION NO. 2004-014 E. GN 2004-014 APPROVE ORDINANCE ADOPTING REVISIONS TO THE CIVIL SERVICE RULES - ORDINANCE NO. 2773 F. GN 2004-015 APPROVE THE WAIVING OF STREET ESCROW FEES ALONG NORTH TARRANT PARKWAY FOR BRANDONWOOD ESTATES, PHASE III LOTS 1-10, BLOCK 111N RETURN FOR DEDICATION OF PARK LAND G. PU 2004-012 AWARD OF CONTRACT TO BLANK SLATE IN THE AMOUNT OF $35,000 FOR CREATIVE ADVERTISING FOR NRH20 FAMILY WATER PARK- RESOLUTION NO. 2004-015 ,.~--_..., '_··,·_··"······,~"'·__...___m~.~___~___.._ City Council Minutes February 23, 2004 Page 6 H. PU 2004-014 AWARD BID FOR SEWER CLEANING TRUCK TO FORT WORTH FREIGHTLlNER IN THE AMOUNT OF $198,000 COUNCILMAN METTS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 8. PZ 2003-27 CONSIDER A REQUEST FROM JON EVANS FOR A ZONING CHANGE FROM "C-2" COMMERCIAL DISTRICT TO "PD" PLANNED DEVELOPMENT DISTRICT FOR "C-2" COMMERCIAL USES LOCATED AT 5101 DAVIS BOULEVARD - ORDINANCE NO. 2769 (CONTINUED FROM FEBRUARY 9,2004 CITY COUNCIL MEETING) APPROVED Mayor Trevino advised audience the council held the public hearing at their February 9, 2004 council meeting and that council would not be hearing any public comments. Mr. Evans, applicant, advised council he made changes as suggested by council at the previous council meeting. The trash dumpster pad site was moved to the northwestern corner of the site and the air conditioning units will be mounted on the ground. Zoning Administrator Dave Green advised council applicant is proposing to demolish the existing structure and in its place build, in two phases, a new structure. Phase I will consist of a new building containing three lease spaces, with Phase II being a new building for the vacuum store. The Planning and Zoning Commission recommends approval with the following stipulations: (1) a note shall be placed on the site plan indicating that all signage will comply with the current sign ordinance at the time of permitting; and (2) within 90 days of a temporary Certificate of Occupancy for Phase I, the removal of the existing building and installation of all proposed landscaping and driveways will be completed. The applicant has requested the following variances: · Permission for all the proposed landscaping along the Maplewood Avenue frontage to be located within the street ROW rather than on the applicant's property; · Permission to not provide landscaping on the interior of the parking lot (one tree island required); · Permission to locate the ingress/egress points as shown on the site plan (do not meet minimum distance from corner and spacing requirements); · Permission to provide 19 parking spaces versus the 21 required; · Permission to locate Phase II building within 13 %' of the Maplewood Avenue frontage (15' minimum setback required) - -"·-----_.__.___.·~..__,_.....___w...._~_..____.....____~________._.._~.__.,._____..........._____~_..___~._~___ City Council Minutes February 23, 2004 Page 7 Mr. Green met with Mr. Evans and they made significant changes to the signage. Staff asked Mr. Evans to produce a specific diagram of the vacuum sign. The dimensions show that each sign (Maplewood frontage and Davis Boulevard frontage) will not project no greater than six (6) inches from the wall face of the buildings. Mr. Green advised council any change to the sign requires Planning and Zoning Commission and Council approval. The lease space sign age will be determined by the square footage inside the store. If there is drop ceiling to be included in the building plan than the size of the signs will decrease. Councilman Whitson asked staff to elaborate on the exterior lighting plan. Mr. Green advised exterior lighting is addressed when residential property is adjacent to property. Councilman Whitson voiced his concern for safety issues since the building did not have exterior lights. Councilman Whitson would like applicant to consider placing exterior lights on the building so it will show at night. Councilman Welch inquired to the color of shingles being used on thé two story composition roof. Mr. Evans advised council the color would be brown. Councilman Welch asked if the shingle color could be part of the PD. Mr. Green advised council the shingle color would be included in the PD. MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE WITH THE STIPULATIONS SET FORTH IN THE PLANNING AND ZONING COMMISSION AND THAT THERE BE LIGHTS ADDED TO THE BACK OF THE FACILITY AND THAT THE LIGHTING PLAN BE APPROVED BY STAFF AND ALSO THERE BE A REQUIREMENT THAT THE SHINGLES BE SHOWN AS BROWN. COUNCILMAN TURNAGE SECONDED THE MOTION. Mr. Evans advised council that the exterior lights may encroach on the rear property. Mr. Evan said he has plans to put lights in the parking lot to face the building. Mayor Pro Tem Tolbert advised motion was for the lights to be there for security as approved by staff. If staff approves there is no requirement for lights in the back of the property it will comply with the motion. Motion to approve carried 7-0. - _...._,.~~--_.~~-~~_._---------~-"--_.~---,.~, City Council Minutes February 23, 2004 Page 8 9. PZ 2003-021 PUBLIC HEARING TO CONSIDER AN APPEAL FROM WALT W. LEONARD FOR A ZONING CHANGE FROM "AG" AGRICULTURAL DISTRICT TO "0-1" OFFICE DISTRICT AND "CS" COMMUNITY SERVICE DISTRICT LOCATED AT 8525 DAVIS BOULEVARD (3.32 ACRES) - ORDINANCE NO. 2772 (DENIED BY THE PLANNING & ZONING COMMISSION ON DECEMBER 18, 2003) DENIED Mayor Trevino opened the public hearing. Mr. Charles Lasater, representing applicant, was available to answer questions from council. Mr. Green advised council the property is located immediately to the west of the traffic signal located adjacent to the Target development on Davis Boulevard. The applicant proposes to rezone the majority of the property to Office Commercial, with the remainder of the property being zoned Community Service District. The Community Service District will allow basic retail type uses (ex: restaurant, movie rentals or tanning salon). The area requesting to be rezoned is within 200 feet of residential use and there is a requirement that any development have an approved site plan. The applicant does not have a specific user in mind for the property so staff does not have the ability to look at a site plan. The comprehensive plan denotes area for office use. Staff has received numerous letters from Steeple Ridge Addition and a petition of opposition from residents who live in the subdivision. The Planning and Zoning Commission recommend denial of request. Mayor Trevino asked for those wishing to speak in favor of request to come forward. There being no one wishing to speak, Mayor Trevino called for those wishing to speak in opposition to come forward. Mayor Pro Tem Tolbert advised there were four people who opposed request but did not want to speak: James and Laura Spencer, 9001 Trails Edge Drive; Virgil Lynn, 8616 Shadybrooke Drive; Tiffanie Bentz, 8624 Shadybrooke Drive. Mayor Trevino advised he received a letter from Stuart G. Rollins expressing his opposition to the appeal of the denial by Planning and Zoning concerning the rezoning of 8525 Davis Boulevard. The Rollins family would also like to represent the Byrd family (who is on vacation) and reside at 8637 Shadybrooke who are also against the rezoning. Mayor Pro Tem Tolbert advised there were citizens wishing to speak in opposition of request. The following people spoke in opposition: Jerry Jarzombek, 8558 Shadybrooke Court; Reno Minacepelli, 8562 Shadybrooke Court; Theresa Hampton, 8601 Saddle Ridge Trail; Virginia West, 8628 Shadybrooke Drive; Darrick Boyd, 8612 Twisted Oaks Way and Terry Korbel, 8621 Shadybrooke Drive. City Council Minutes February 23, 2004 Page 9 Mayor Trevino recognized Leonard Newman, 8601 Davis Boulevard, who spoke in favor of request. There being no one else wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM TOLBERT MOVED TO UPHOLD PLANNING AND ZONING COMMISSION RECOMMENDATION OF DENIAL FOR PZ 2003-21 BY NOT APPROVING ORDINANCE No. 2772. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to deny carried 6-1 with Councilwoman Johnson and Councilmen Lewis, Turnage, Whitson, Welch and Mayor Pro Tem Tolbert voting for denial and Councilman Metts voting against. 10. GN 2004-011 CONSIDERATION OF AN ORDINANCE ADOPTING A REGULATING PLAN FOR PARADES AND STREET USES - ORDINANCE NO. 2768 '(CONTINUED FROM FEBRUARY 9, 2004 COUNCIL MEETING) APPROVED Assistant to the City Manager Paulette Hartman summarized changes to the ordinance as discussed by council at their February 9 meeting. Section 15-201. Definitions · Recreational street use would mean the use of public street or alley for purposes including, but not limited to block parties, festivals and other similar recreational events, both charitable and non-charitable, which do not comply with normal and usual traffic controls. · Neighborhood parade has been changed to small parade · Small parade means a parade that will include no more than 25 vehicles and/or is limited to pedestrians marching or proceeding along a public street including, but not limited to: marathons, walk-a-thons bike-a-thons, march-a-thons, neighborhood association parades, and other similar processions. Section 15-207. Application · Language requiring that applications not be submitted more than sixty (60) business days prior to the event has been eliminated. Applicants are simply required to submit the application at least thirty (30) days before the date of the event. Section 15-208 of the Ordinance requires a large parade to be routed through one of the following areas: (1) Mid-Cities Boulevard from Rufe Snow Drive to Precinct Line Road, (2) Grapevine Highway from Glenview to Richland Plaza Drive. City Council Minutes February 23, 2004 Page 10 Ms. Hartman pointed out an error on page 4, number 11, it should read "a permit for a small parade for recreational street use". COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2004-011, ORDINANCE No. 2768. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. 11. PU 2004-013 AWARD PROPOSAL FOR FIRE STATIONS 1 & 4 TO HARRISON QUALITY CONSTRUCTION IN THE AMOUNT OF $4,185,070 - RESOLUTION NO. 2004-016 CONTINUED Mayor Trevino advised council discussed item in Executive Session and that he would entertain a motion. COUNCILWOMAN JOHNSON MOVED TO CONTINUE PU 2004-013, RESOLUTION No. 2004-016 TO A FUTURE MEETING. COUNCILMAN TURNAGE SECONDED MOTION. Motion to continue carried 7-0. 12. PW 2004-005 AWARD OF BID TO MCCLENDON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,693,910.05 FOR THE RUFE SNOW DRIVE STREET IMPROVEMENTS (GLENVIEW DRIVE TO KAREN DRIVE) AND REVISE 2003/04 CAPITAL PROJECTS BUDGET APPROVED Public Works Director Mike Curtis advised council the project is one of the last 1994 bond projects. When the budget for this project was originally set it was based on reconstructing the pavement to the existing width that exists today. Staff, during the bidding of this project, included alternate bids that would include some of the city image items or features. The alternate bid consists of 3 items: brick paver crosswalks, ornamental street lights and to restrict construction adjacent to North Richland Middle School to the summer months only (June 1 - September 1) to minimize disruption to school traffic. Staff is recommending that all bids items be considered and that it be awarded to McClendon Construction Company. COUNCILMAN WELCH MOVED TO APPROVE PW 2004-005 WITH ALTERNATE BIDS. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes February 23, 2004 Page 11 Motion to approve carried 7-0. 13. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA None. 14. INFORMATION AND REPORTS Councilman Lewis made the following announcements. The regularly scheduled City Council meeting for March 8th has been moved to the following Thursday, March 11th. It will begin at its regular time of 7:00 p.m. February is "Library Lover's Month" and the NRH Library is sponsoring a contest. Come. by the Library and fill out a form with a few sentences on what you love about your Library. Place the form in the appropriate box and three different people will be winners- --one for the adult entries, one for the children's entries, and one chosen by Library staff as their favorite. Stop by the Library today! February 28 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. Bob Hagin, Park Department - An email was received from a NRH resident expressing appreciation to Hagin for his outstanding efforts in keeping the umpires, ball teams, fields and "everything in between" running smoothly. Without him, there would be no games. ...._-------'-.,---,_._---""'---,-- City Council Minutes February 23, 2004 Page 12 15. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:44 p.m. Oscar Trevino - M~yor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department Planning Department Council Meeting Date: 3/11/04 Subject: Consideration of a ReQuest from The City of North Richland Agenda Number: PS 2004-01 Hills to Approve the Final Plat of Lot 11 R, Block 3 J. L. Autrey Addition Located at 4001 Rufe Snow (1.978 acres). Case Summary: This site is the location of Fire Station NO.2. The site is currently platted as three separate lots, 9, 10, and 11 of the J.L. Autrey Addition. The city recently acquired a 40' X 415' section of the adjoining property to the south to be incfuded with lots 9, 10, and 11. This proposed re-plat combines all three existing lots and the small un-platted tract into one lot. Thoroughfare Plan: The property has frontage on Rufe Snow Drive a four-lane, divided minor arterial, with 70' R.O.W. Comprehensive Plan: The Comprehensive Plan indicates Public/Semi Public uses for the area. The existing use is consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that the final plat complies with the approved preliminary plat. Attached is a memo stating that all of staff's comments have been satisfied. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on February 19, 2004 recommended approval of PS 2004-01 by a vote of 7-0. Recommendation: To Approve PS 2004-01 Final Plat of Lot 11R, Block 3 J. L. Autrey Addition as recommended by the Planning and Zoning Commission. Review Schedule: Application: 1/2104 Final Hearing: 3/11/04 Total Review Time: 10 weeks Finance Review Account Number Sufticient Funds AvauaoJe \. Finance Director e N A NRH PS 2004-01 FINAL PLAT LOT 11 R, BLOCK 3 J. L. AUTREY Prepared by Planning 02-10-04 Ni~H February 6,2004 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate SUBJECT: J.L. Autrey Addition; Block 3; Lot 11 R Replat, PS2004-01 Public Works has reviewed the Final Plat submitted to this office on February 4,2004. All of Public Works' requirements have been met. We recommend placement on the next Planning and Zoning meeting agenda. ~~Pr Caroline Waggoner, E.I.T. --- cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Zoning Administrator Surveyor: Salcedo Group, Inc. Thomas Powell, Support Services Director CL W /pwm2004-035 ,_<:0\J PS 2004-01 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICHLAND HILLS TO APPROVE THE FINAL PLAT OF LOT 11R, BLOCK 3, J.L. AUTREY ADDITION LOCATED AT 4001 RUFE SNOW (1.987 ACRES). APPROVED Mr. Green explained that this is a plat request by the Fire Department for the City of North Richland Hills. This is an existing fire station located on Rufe Snow south of Glenview. There are portions of various lots and an unplatted tract of land which the City has purchased and this revised plat request combines these lots and tract into one lot. Public Works comments state that all City stipulations have been met and Staff recommends approval of the plat. Mr. Sapp asked why a 15-ft. sanitary sewer easement is necessary since it didn't exist before. Mr. Barton explained that it was discovered that the actual location of the existing sanitary sewer was different than thought. This is a correction to reflect existing conditions. Mr. Davis asked where the City sewer goes - does it turn north? Mr. Barton responded that he thought it did turn north. Mr. Davis asked that the plat be labeled to clearly show the location of the utility easement. Mr. Schopper, seconded by Ms. Cole, motioned to approve PS 2004-01. The motion was approved unanimously (7-0). ~ -.: CITY OF NORTH RICHLAND HILLS Department: PlanninQ Department Council Meeting Date: 3/11/04 Subject: Consideration of a Reauest from the City of North Richland Agenda Number: PS 2004-08 Hills to Approve the Final plat of Lots 1 & 2, Block 1 Brown Park Addition Located in the 8200 block of Shadvwood Lane (7.010 acres). Case Summary: The property is currently un-platted and vacant. The City desires to plat the site for the purpose of constructing various city facilities on Lots 1 and 2. Thoroughfare Plan: This site has frontage on Shadywood Lane, a local street with a 50' RO.W. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the area. The various proposed city uses are consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that the final plat complies with the approved preliminary plat. Attached is a memo stating that all of staff's comments have been satisfied. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on February 19, 2004 recommended approval of PS 2004-08 by a vote of 5-2. Recommendation: To Approve PS 2004-08 the Final Plat of Lots 1 & 2, Block 1 Brown Park Addition as recommended by the Planning and Zoning Commission. Review Schedule: Application: 1/02/04 Final Hearing: 3/11/04 Total Review Time: 10 weeks Finance Review Account Number Sufficient Funds A V81laÞle Finance Director PS 2004-06 Brown Park Addition -1 - I II I \. I - --I -- > i,.,\"~t0//[;¡\i///;i --I ~ NOR I-- ,/ "'~:- ~l --SA "i- ~ \ ,,- ~ I - - I 7; k6\ - L 1 ~"iK ~ - \. I - ¡:E kZ?Ct I \ - ~~~ - - E~~ ~ t: ~ - - - -""1 - ~ '\ \\\\J ~ S. '"4u.J- Ei,~ ....- ,..-',..-'.- ,,,/,:8;?;~ - ~ \ \ ;¡,~~~~¡;,~ \ I-- Jl- - '\ \ \ I-- ¡~f~r~~i~ - \ '"R ~ - - 1:[> ;;."";;,;,,, TH( ;) IAI t1\ CT ~ H y / - I / - l f-- f-- - -,.;. I --~ - - - 1 f- - I '- ¡- ;;'iI\\<1; - - \ f- - / - f- !-- - ¡-. ¡,. N NRH A PS 2004-08 FINAL PLAT LOTS 1-2, BLOCK 1 BROWN PARK ADDITION Prepared by Planning 02-10-04 NI~H February 6, 2004 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate SUBJECT: Brown Park Addition Final Plat, PS2004-008 Public Works has reviewed the Final Plat submitted to this office on February 6,2004. All of Public Works' requirements have been met. We recommend placement on the next Planning and Zoning meeting agenda. (Jt2&l/~ -Lt)~m-- Caroline Waggoner, E.I.T. cc: Lance Barton, P.E., Public Works Assistant Director Dave Green, Zoning Administrator Stephen Roberson, Teague Nail & Perkins, Surveyor, via fax CLW/pwm2004-37 -1 i ,~"~i.~:~L~:3 iC', PS 2004-08 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICHLAND HILLS TO APPROVE THE FINAL PLAT OF LOTS 1 & 2, BLOCK 1, BROWN ADDITION LOCATED IN THE 8200 BLOCK OF SHADYWOOD (7.010 ACRES). APPROVED Mr. Green explained that this is a new fire station location and a park. This site is located at 8200 Shadywood Lane in the Forest Glenn East Phase II Subdivision. Fire Station No. 1 will relocate to this site. The neighborhood park that surrounds the station on two sides will be known as the Tommy and Sue Brown Park. Staff comments have been satisfied and Staff recommends approval of both the preliminary and final plats. Mr. Sapp stated that he is troubled by the fire station location because unlike other fire station locations, this location is not on a significant thoroughfare. He feels this location requires additional thought. The Chairman stated that the Planning & Zoning Commission can determine if the plats are legal and correct, but determining location is not within the scope of this Commission. Mr. Schopper agreed with the Chairman but stated that he was concerned with whether or not Shadywood Lane is going to have a traffic signal onto Davis. The Chairman stated that he also shares their concerns, but feels location is not within the scope of the P&Z Commission. Mr. Sapp stated that he would like his comments forwarded to Council and that although there is no zoning hearing done on this, he feels it would be in the best interests of a number of people to allow for citizen comments before a final decision is made. Ms. Cole asked how far Shadywood goes. Mr. Schopper stated that it comes out to Davis. He further stated that the intention was for the fire trucks to come out to Davis rather than North Tarrant. He also hoped that the Fire Department would be allowed to put a traffic light where they enter Davis. Richard Davis suggested that perhaps they could do the same type of traffic light as exists on Mid Cities, which blinks yellow until it is needed. It then changes to red and stops traffic so the fire trucks can enter onto Mid Cities. Mr. Davis suggested that obtaining a traffic signal on Davis might be more difficult than Mid Cities since the highway department has jurisdiction over Davis Blvd. Mr. Laubacher, seconded by Ms. Cole, motioned to approve PS 2004-06. The motion was approved 5-2 with Mr. Sapp and Mr. Schopper votmg against. Mr. Nehring, seconded by Mr. Laubacher, motioned to approve PS 2004-08. The motion was approved 5-2 with Mr. Sapp and Mr. Schopper voting against. þ- - , CITY OF NORTH RICHLAND HILLS Department: Finance 1 Public Works Council Meeting Date: 3/11/2004 ~ Subject: Award Bid for Traffic Materials Supply Contract to Rocal, Inc. and Roadrunner Traffic Supply Resolution No. 2004-017 Agenda Number: PU 2004-015 Nippon Carbide Rocal, Inc. Vulcan Signs Hall Signs Roadrunner Traffic As part of the 2003/2004 approved budget, Council appropriated funds for the purchase of various traffic materials. Formal bids were solicited for a company to supply all the required materials under an annual contract and the results are outlined below. Section Section Section ABC $31.::.776 No Bi~.; No Bid .'~~I~ 11111 No Bid $55,985 $1,293 No Bid $55,135 $ 871 $19,084 $54,219 $1,240 Î:~IIIII Section D No Bid (incomplete) No Bid No Bid $2?.r~§~, (incomplete) miaiS3...··..n..·..·.'. ~:.,.,'_,:''.,i'''::·:.\.,_............. Vendors were supplied a list of items and estimated quantities to bid on and will be required to hold the prices for a one year period. Sign blanks, sign faces, street markers, and reflective sheeting are some of the items included under this contract. Materials will be ordered and delivered on an as need basis. The specifications were divided into four sections of like items and materials. A bid was considered incomplete if the vendor did not bid on all items within a section. Nippon Carbide submitted a bid on only four of the eleven items listed in Section A. Hall Signs submitted an incomplete bid for Section D and their delivery drivers do not unload items from the truck. That '-- would be the responsibility of City employees. Staff is requesting sections A & B for sign blanks, sign faces and reflective sheeting be awarded to Rocal, Inc. in the amount of $48,888 and sections C & D for sign post materials, pavement marking supplies and miscellaneous items be awarded to Roadrunner Traffic Supply in the amount of $51,709. These are the low bids meeting the specifications for each section. Based on the estimated quantities included in the bid, purchases will stay within the 2003/2004 budget. Roadrunner Traffic Supply and Rocal, Inc. met all the specifications and general conditions of the bid. Recommendation: To award the· annual contract for sign blanks, sign faces and reflective sheeting to Rocal, Inc. in the amount of $48,888 and the contract for sign post materials, pavement marking supplies and miscellaneous items to Roadrunner Traffic Supply in the amount of $51 ,709 and pass Resolution No. 2004-017 authorizing the City Manager to execute the contracts. Finance Review Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other l-- .~ YIÂ;t, r;~*. '\V . Department Head Sianature Page 1 of RESOLUTION NO. 2004-017 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the annual contract for sign blanks, sign faces and reflective sheeting to Rocal, Inc. in the amount of $48,888 and the contract for sign post materials, pavement marking supplies and miscellaneous items to Roadrunner Traffic Supply in the amount of $51 ,709, as the act and deed of the City. PASSED AND APPROVED this 11th day of March 2004. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance " .. CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 3/11/2004 '-- Subject: Authorization for Contract Extension with VMC Landscape Agenda Number: PU 2004-016 Services for the Rights-Of-Way Contract Mowing - Resolution No. 2004-018 The City contracts mowing services for rights-of-way, water tower sites and pump station sites. The current contract with VMC Landscape Services was executed April 8, 2002. The contract and bid specifications allow for the contract to be renewed for one additional one-year term. The contract will be bid next year. According to the terms of the contract, VMC Landscape Services is required to submit a renewal proposal with any price changes. Their renewal proposal indicates a 1.8% increase which is in accordance with the Consumer Price Index for the year. Based on this CPI increase the contract amount will not exceed $130,959. The contract and bid specifications allow for this increase. VMC Landscape Services has held this contract since March 29,1999 and has performed well during this time. Responses to requests and concerns have been effectively handled in a timely manner. Based on their past performance, staff recommends renewing their contract for an additional one (1) year period. , '-- The total contract amount is based on a maximum of 36 mowing cycles, the number of cycles per mowing season is contingent upon the weather, the amount of rainfall and growing conditions in any given year. Recommendation: To authorize the extension of the mowing services contract with VMC Landscape Services for an additional one (1) year period and pass Resolution No. 2004- 018 authorizing the City Manager to execute the contract. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other L-- Account Number 405-2008-712.42-15 Suffi' t Fu s Avai a e Budget Director \W '~ Page 1 of 1 RESOLUTION NO. 2004-018 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with VMC Landscape Services, to provide the Rights-of-Way Contract Mowing as the act and deed of the City. PASSED AND APPROVED this 11th day of March, 2004. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: ~ e, Director of Finance CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 3/11/04 Subject: Public Hearing to Consider a ReQuest from Fountain Ridge Agenda Number: PS 2004-03 Ltd. to Approve the Final Plat of Lots 1 Rand 2R, Block 3, Fountain Ridge Addition Located in the 5900 block of Davis Boulevard (,354 acres). Case Summary: This purpose of this re-plat is to adjust the alignment of Creek View Drive intersection with Davis Blvd. Creek View Drive was constructed without a minor curve near Davis Blvd as was noted on the Final Plat of Fountain Ridge. Thoroughfare Plan: Lot 1 R has frontage on Davis Boulevard, a 6-lane divided principal arterial with 120' R. O. W. Lot 2R has frontage on Creek View Drive and Bosque River Court both local streets with 50' R.O.W. Comprehensive Plan: The Comprehensive Plan indicates Town Center uses for the area. The proposed use is consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Attached is a memo from the Public Works Department stating that all of staff's comments have been addressed. Public Hearing Requirement: This plat represents a residential replat of the approved Fountain Ridge Addition. As such, the request requires a public hearing before the City Council. The request has been advertised according to State Law requirements. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on February 19, 2004 recommended approval of PS 2004-03 by a vote of 7-0. Recommendation: To Approve PS 2004-03 the Final Plat of Lots 1 Rand 2R, Block 3 Addition as recommended by the Planning and Zoning Commission. Review Schedule: Application: 1/14/04 Final Hearing: 3/11/04 Total Review Time: 8 weeks Finance Review Source of Funds: Bonds (GOIRev.) . Budget Account Number Sufficient Funds Avau8l)1e Finance Director NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL CASE #: PS 2004-03 Fountain Ridge, Ltd. Re-plat of Lots 1 and 2, Block 3 Fountain Ridge Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public HearinQ: Pursuant to Section 212.015 of the Texas Local Government Code, a public hearing is being held to consider a request from Fountain Ridge, Ltd. to re-plat the existing Lots 1 and 2 of Block 3, Fountain Ridge Addition into Lots 1-R, 2-R, Block 3. This purpose of this re-plat is to adjust the alignment of Creek View Drive intersection with Davis Blvd. Public HearinQ Schedule: Public Hearing Date: CITY COUNCIL THURSDAY, MARCH 11,2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: 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 2004-03 FINAL RE-PLAT LOTS 1 R & 2R, BLOCK 3 FOUNTAIN RIDGE Prepared by Planning 02-10-04 o I 200 400 600 800 Fe~ I Fountain Ridge Ltd 8333 Douglas Ave Ste 1300 D~"qs, TX 75225 PS 2004-03 CONSIDERATION OF A REQUEST FROM FOUNTAIN RIDGE, LTD. TO APPROVE THE FINAL PLAT OF LOTS 1R AND 2R, BLOCK 3, FOUNTAIN RIDGE LOCATED IN THE 5900 BLOCK OF DAVIS BLVD. (.354 ACRES). APPROVED Mr. Green explained that the final plat on this addition had been approved some time ago, but as the subdivision began to be constructed and as streets were put in, there was an error that occurred at Creek View Drive and Davis Blvd. The original final plat had a very slight curve in it as Creek View approached Davis Blvd. It was field-checked after the street was poured and it was found that the slight curve was not installed. Rather than tearing up the pavement, Staff felt it would be better to replat these two lots. Mr. Laubacher, seconded by Ms. Cole, motioned to approve PS 2004-03. The motion was approved unanimously (7-0). · , I Department: CITY OF NORTH RICHLAND HILLS Planning Department Council Meeting Date: 3/11/04 , / Subject: Public Hearing and Consideration of a ReQuest from Agenda Number: PZ2000-36R1 Today Realty Advisor's, Inc. for a Revision to the Existing Approved "PO" Planned Development District to Include a "Trade or Business School" as a Permitted Use Located at 6311-6361 Grapevine Highway (42.090 acres) - Ordinance No. 2775 Case Summary: In September of 2000, this location was rezoned to "PO" Planned Development to allow for a telecommunications tower and related outside storage and parking uses. The "PO" also allows Retail, Office and Commercial uses as permitted in the "C-2" Commercial District and uses permitted in the "12" Industrial District. All uses are required to be located in a fully enclosed building. Wrecking/Auto Salvage Yard, Adult Entertainment Establishments, Food Processing Plant and Reclamation Centers are specifically prohibited. The applicant is proposing to re-Iocate the current ATI Career Training Center (Hurst) to the former Montgomery Ward's building on this site. The school currently includes training in office, computer and medical fields. The school is contemplating the addition of automotive and mechanical training as well. An enrollment of approximately 1000 students is expected. A Trade or Business School is a permitted use in the "C-2" Commercial District with a Special Use Permit (SUP) and in the "1-1" Light Industrial District by right. The requested change would add '~Trade or Business School" to the list of permitted uses in the existing "PO" Planned Development. Existing Land Use/Site Attributes: The site contains several buildings with uses that include telemarketing firms, restaurants, mortgage companies and medical therapy. Thoroughfare Plan: The property has frontage on Grapevine Highway State Highway 26, a six-lane, divided, principal arterial, with a 130' R. O.W. It also has frontage on Richland Plaza Drive and Broadway Avenue. Both are considered 2-lane, residential streets with variable width R.O.W. ranging from 64' to 72'. Finance Review Source of Funds: Bonds (GOIRev.) Operating Budget Other Account Nwnber Sufficient Funds Available Finance Director ~1/!:Z:£mure PZ 200D-36R1 Richland Business Center CC CITY OF NåRTH RICHLAND HILLS Comprehensive Plan: The Comprehensive Plan notes commercial uses for this site. Although the proposed use is not commercial in nature, the impact on adjacent properties in terms of use, noise, traffic... etc. is similar. Adjacent Zoning/Land Use: North: "R-7 -MF" Multi Family East: "C-2" Commercial South: Haltom City limits West: "R-1" Single Family Residential Planning and Zoning Commission Recommendation: The . Planning and Zoning Commission at their meeting on February 19, 2004, recommended approval of PZ 2000-36R1 by a vote of 7-0. . RECOMMENDATION: To uphold the Planning and Zoning Commission recommendation of approval for PZ 2000-36 R1 by approving Ordinance No. 2775 Review Schedule: Application: 2/02/04 Final Hearing: 3/11/04 Total Review Time: 5 weeks NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2000-36R1 Today Realty Advisors, Inc. 6311-6361 Grapevine Hwy Richland Plaza Addition, Commercial Tract A You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public HearinQ: A public hearing is being held to consider a request from Today Realty Advisors, Inc. represented by David Scroggins to revise the "PO" Planned Development of the above location to include a "Trade or Business School" as a permitted use. The Planning and Zoning Commission has recommended approval of this request. Public HearinQ Schedule: Public Hearing Dates: Time: Location: CITY COUNCIL THURSDAY, MARCH 11, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 ~~s~ ,... c~ ( "Si Ó'NY\- ~"--\ :), ~ \ ~ bÞ--\~'" . I· I I I .' ... ~:c ~ 7" ..' .' " ' . .' .' . . .' " :<, .... ........ "':: ..' . .... . .' . . ". : " . .:. .' " ,<. . ,'. .': '. '.. ... . '" .': ....."..:: '. . .' . .. . . . ...... :, ..... . . . I-- - \ "T"l" ''''I == CJ- I-- -IT --<.... h >\: u "'-'.... I ..., , I..... S, I I I I I ~ 200' I Buffer~ " c; ,." , ':'. '. '..'- .. . .: . . ...:. ...' .' .'. .... " .: .. '. .. ." '. . .' .:;: '. . .: . .: . '. : ". ..' .' , .,'.".' . ..:' '.. '.' , ::,.: .:'.' '. '. " .. . Ç~~(/ iT 1 tf. - - ~ I--- T II Y/ I .. .....,'" "- I ! ç¡1=C-1~ J IHtf1~~~ 1, I:, , ~ ~ r"~ ì, //1: I I j!f.,i1 ..... ....... I I I 'r:~ .. -I-- - -I-- , J ~ :~ "'. III ~ .- . '.. . . '- ", ./ '. ;.. , .-: I '. n_._ NRH N A PZ 2000-36R1 RICHLAND PLAZA ADDITION 6311-6361 GRAPEVINE HWY REVISE "PO" PLANNED DEVELOPMENT TO INCLUDE "TRADE OR BUSINESS SCHOOL" AS PERMITTED USE o 200 400 600 800100012001400 I I Prepared by Planning 02/04/04 I Feet DUNHAM, MICHAEL W ETUX JONES, CHRIS JONES, CHRIS CYNTHIA 6448 ONYX DR S 6448 ONYX DR S 6500 ONYX DR S FORT WORTH TX FORT WORTH TX N(,9TH RICHLAND HILLS TX 76180-1556 76180-1556 7l 0-1558 -DAVID SCROGGINS HARWARD, JAMES L ETUX RIVERA, ADOLFO ETUX ATALIE TODAY REALTY ADVISORS, INC MONICA L 6426 ONYX DR S 17400 DALLAS PARKWAY 6432 ONYX DR S FORT WORTH TX SUITE 216 NORTH RICH LAND HILLS TX 76180-1556 DALLAS, TX 75287 76180-1556 VALLES, JOSE A ETUX MARIA BUCHANAN, MELISSA K CHOATE, Q VERA EST MEZA 6410 ONYX DR S 1712 YOLANDA DR 6418 ONYX DR S FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-1556 76112-3971 76180-1556 WILSON, T E ETUX STORMY WILSON, TOM EDD HARRISON, JAMES B PO BOX 14377 PO BOX 14377 6324 ONYX DR S FORT WORTH TX FORT WORTH TX NORTH RICHLAND HILLS TX 76117-0377 76117-0377 76180-1554 NORTHRIDGE PARTNERS L TD, NORTHRIDGE PARTNERS L TD, DELEON,SHELBYJOYCE 5137 DAVIS BLVD 5137 DAVIS BLVD 6310 ONYX DR S FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-6873 76180-6873 76180-1554 ULN"ICK, STEVEN W JR FFCA/IIP 1985 PROPERTY CO, NGUYEN, JOSEPH L ETUX 6302 ONYX DR S 17207 N PERIMETER DR SUSAN H FORT WORTH TX SCOTTSDALE AZ 4912 DELTA CT 76180-1554 85255-5401 FORT WORTH TX 76180-7831 NORTH RICHLAND HILLS, CITY ULRICK, STEVEN W JR GIS,LASON, THORSTEINN E OF 6321 RICHLAND PLAZA DR PO BOX 820425 PO BOX 820609 FORT WORTH TX FORT WORTH TX FORT WORTH TX 76180-1581 76182-0425 76182-0000 ROLLIN, ROY Y ETUX FRANCES BARNETT, KEVIN DARYL B 1210 MEADOWVIEW DR BIRDVILLE lSD, PO BOX 50935 EULESS TX HIOO l1~O FORT WORTH TX 76039-3008 76105-0935 DO, HA EL TOUM, MUDA THIA MOHAMED BARNETT, KEVIN D 413 SHADE TREE CIR 6313 RICHLAND PLAZA DR PO BOX 210547 HURST TX NORTH RICHLAND HILLS TX BEDFORD TX 76054-2944 76180-1579 76095-7547 PA~~AN, TIMOTHY J TALBOT, JOHN F DO, HA 7C ~ROSSTIMBERS LN 1003 CRESTHA VEN DR 413 SHADE TREE CIR FORT WORTH TX EULESS TX HURST TX 76180-3305 76040-6903 76054-2944 ->.".,~.~-----'_..~---~----~----,--~--~--- PUBLIC HEARING TO CONSIDER A REQUEST FROM TODAY REAL TV ADVISORS, INC. FOR A ZONING CHANGE TO REVISE THE APPROVED "PD" PLANNED DEVELOPMENT DISTRICT TO INCLUDE A "TRADE OR BUSINESS SCHOOL" LOCATED AT 6311-6361 GRAPEVINE HWY (42.090 ACRES). APPROVED Mr. Green stated that this is the Richland Business Center located on Grapevine Highway. It is currently zoned "PO" Planned Development. The allowed uses for this PO include: telecommunications tower, related outdoor storage and parking areas; retail office commercial uses permitted in the "C2" commercial district; "12" industrial district; and all uses are required to be located in a fully enclosed building. Specifically prohibited: wrecking and auto salvage yard, adult entertainment establishments, food processing plant and reclamation centers. The applicant is proposing to move the A TI Career Center from an adjacent city to the old Montgomery Ward Building on this site. This would be a trade or business school. Our current ordinance allows this use in "C2" with an SUP. Staff is asking to include "trade or business school" language in the "PO" language. Staff encourages this use and feels this will provide a good anchor for the south end of the City along south Grapevine Highway as redevelopment occurs. Staff feels there will be a good domino effect from this type of use. Mr. Green stated that both the Applicant and Mr. Pitstick, the Director of Development, are available to answer questions. Chairman Bowen opened the public hearing. David Scroggins, 10907 Lubbock Dr., Dallas, came forward. He works for Today Realty Advisors, the asset manager for the owner of the Richland Business Center. He explained that over the last year they were approached by two business schools. The negotiations with the first school never got far enough along to require pulling out the use chart to make sure of the use. The negotiations with A TI are pretty far along and Mr. Scroggins was caught by surprise that this was not a permitted use in the PO, since "12" zoning includes almost everything such as a college or university. He is requesting that this change to the PO be granted. Chairman Bowen stated that the Commission members received a letter from someone who lived in the area who was not in opposition, but was concerned about traffic issues along Charles St., Onyx South and Richland Plaza. The Chairman then closed the Public Hearing and asked for a motion or comments. Mr. Sapp motioned to adopt PZ 2000-36R1. Mr. Schopper seconded the motion. The motion was approved unanimously (7-0). Ms. Cole commented that Staff should look at speed bumps and 4-way stop signs for the area. Mr. Davis commented that there would be quite a few students attending this school, but there are good barriers to the street. The Chairman stated that traffic impact should be looked into, but he didn't feel a stop sign would be appropriate on Richland Plaza Blvd. because it is too close to Grapevine Highway. Several Commission members noted that this school will be a terrific addition to the City of North Richland Hills. The Chairman made the final comment on this case, which several other Commission members agreed with, "personally, speed bumps are the worst thing in the world." 3 5 7 9 11 13 15 17 19 21 25 25 27 29 31 33 35 37 39 41 4" ORDINANCE NO. 2775 PZ 2000-36Rl AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY ADDING "TRADE OR BUSINESS SCHOOL" AS AN ADDITIONAL PERMITTED USE WITHIN THE PD PLANNED DEVELOPMENT DISTRICT ON THE PROPERTY KNOWN AND DESCRIBED AS COMMERCIAL LOT A, RICHLAND PLAZA ADDITION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of property located at 6311-6361 Grapevine Highway, containing approximately 42.090 acres of land, has filed an application to amend the existing "PD" Planned Development zoning on said property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, heretofore held a public hearing and the City Council held a public hearing on March 11, 2004, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, and all other laws dealing with notice, publication and procedural requirements for the rezoning of the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance is hereby amended by adding "trade or business school" as an additional permitted use within the PD Planned Development District on the property known and described as Commercial Lot A, Richland Plaza Addition. Section 2: The official zoning map, of the City of North Richland Hills is hereby amended and the City Secretary is hereafter directed to revise the zoning map to reflect the amendments as set forth above. Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be Ordin No. 2775 Page 1 3 3 5 7 9 11 13 15 17 19 21 2:.;r 25 27 29 31 33 35 37 39 41 43 Section 4: Section 5: Section 6: Section 7: 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 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. All rights and remedies ofthe City of North Richland Hills are expressly saved as to any and all violations ofthe provisions of any ordinances affecting health and safety which have accrued at the time ofthe effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 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. AND IT IS SO ORDAINED. PASSED AND APPROVED this 11 th day of March, 2004. ATTEST: CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Patricia Hutson, City Secretary Ordina e No. 2775 Page 2 3 3 5 7 9 APPROVED AS TO FORM AND LEGALITY: G~lY& APPROVED AS TO CONTENT: 11 Department Head Ordin No. 2775 Page 3 3 7"-1: ..."" CITY OF NORTH RICHLAND HILLS I " Department: Planning Department Council Meeting Date: 1/12/04 Subject: Public Hearing and Consideration of a ReQuest from Agenda Number: PZ 2004-05 Service King Paint & Body L. P. for a Special Use Permit (SUP) a for an auto alarm, stereo electronics installation and/or repair located at 6920 N. E. loop 820 (.37 acres) - Ordinance No. 2777 Case Summary: Applicant desires to lease a portion of the existing vacant building to ProTech Electronics for the sale, installation and/or repair of auto stereo, video, security and electronic equipment. This type of use is permitted in the existing "C-1" Commercial District with approval of a Special Use Permit (SUP). Earlier this year the applicant had submitted a request (ref PZ 2003-26) for "C-2" Commercial zoning at this location for the same proposed use. That request was denied unanimously by Council on January 12th. The Council did indicate that a request for an SUP without changing the existing "C-1" zoning would be desirable. Existing Land Use/Site Attributes: The site consists of a vacant Service King Paint and Body Shop fronting the east-bound service road of loop 820. The building has 4 overhead door bays on the rear of the building that face across a fire lane into the rear yards of an adjacent single family district. A 6' brick wall (with columns) screens the adjacent residences from the rear of the commercial building. There is no existing landscaping on the applicant's site as would be required by current regulations; however, some of the adjacent residential rear yards have mature trees that serve to provide some form of screening. Thoroughfare Plan: The site's frontage on the east-bound Loop 820 service road will most likely be impacted by the widening of the loop which is scheduled to begin in 2007. The exact impact to this site, if any, has not been made public by the Texas Highway Department. Comprehensive Plan: The Comprehensive Plan indicates Commercial uses for this area. These uses include a variety of commercial uses including automobile-related services, retail trade and business services. The applicant's request is in compliance with the existing Comprehensive Land Use Plan. Within the next few months the City will initiate a study of the impacts of the Loop 820 (scheduled to begin in 2007). Because the impact of the expansion on this property and surrounding area is unknown at this time, Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Account Number Sufficient Funds Available Finance Director .r- ~i~ "-- PZ 2004-05 Service King CC ,1 CITY OF NORTH RICHLAND HILLS future land use plans for this area are uncertain as well. Adjacent Zoning/Land Use: North: NE Loop 820 East: "C-1"IOffice (Fronts NE loop 820) South: "R-2"/Residential West: "C-1"/Bank (Fronts NE Loop 820) Site Design Features: Special Use Permit applications require the submittal and approval of a site plan along with a landscape plan and building elevations. The following features are noted on the site plan. Building Design and Materials: · The site contains a Service King-type one story building that is currently vacant. · The building consists of pre-finished, ribbed concrete tilt wall panels and smooth-face CMU. · The front of the building is characterized by large glass windows and a covered drive- through. · The roof is a primarily flat design except for a high-pitch metal roof over the front entryway. · The rear of the building originally had a total of six overhead doors of which two doors have been closed. Access and Parking: · The site has two access points from the east-bound Loop 820 frontage road. · A total of 25 parking spaces are provided along the east and west boundaries of the site. No parking is proposed behind the building. The proposed parking is consistent with city standards. Landscaping and Screening: · The site plan notes both existing and proposed landscaping. Approximately 50, 5- gallon Photinias are proposed along approximately 150'-155' of the rear property line (where no existing trees on residential properties exists). This·vegetative screen does not include trees due to the lack of space required. The attached letter from the applicant's landscape contractor explains the installation of this screen. Additional new landscaping includes two live oak trees (northwest comer of the site) and a line (31) of dwarf Burford Hollies across the frontage between access points. Signage and Lighting: · The site currently has a single, multi-tennant pole sign along the frontage road. The sign meets all current sign regulations of the Freeway Overlay District (200' from highway ROW). · No indication is given on the building elevations for wall signage; therefore, any future wall signage will have to meet the current city sign standards. · The site currently has seven-15' light standards that are located in the parking areas .\......- and along the front of the building. In addition three wall (pack) lights are arranged along the rear of the building. A note on the south building elevation indicates that these liQhts project downward and not outward into adjacent residential areas. " '~ Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on February 19, 2004, recommended approval of PZ 2004-05 by a vote of 7-0 with the following stipulations: 1) The applicant should extend the proposed rear vegetative screen and irrigation for the entire length of the property where adjacent to residential uses; 2) The proposed 2 live oak trees at the northwest comer of the site should be a minimum of 3" in caliper. 3) The landscape plan should note that all landscaping should be irrigated and that any vegetation that dies or is damaged will be replaced. The applicant has revised the landscape portion of this request to comply with the above stipulations. RECOMMENDATION: To uphold the Planning and Zoning Commission recommendation of approval for PZ 2004-05 by approving Ordinance No. 2777 Review Schedule: Application: 1/30/04 Final Hearing: 3/11/04 Total Review Time: 6 weeks ',,- NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2004-05 Service King Paint & Body L.P. 6920 N. E. Loop 820 Lot 17R, Block 20 Snow Heights Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: Service King Paint & Body L.P. is requesting a Special Use Permit (SUP) for an auto alarm, stereo electronics installation and/or repair facility to be located at the above location. A Public Hearing to consider this request will be held at the time and place stated below. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Public Hearing Dates: Time: Location: CITY COUNCIL THURSDAY, MARCH 11,2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 N A NRH PZ 2004-05 6920 NE LOOP 820 SPECIAL USE PERMIT (SUP) FOR AUTO ALARM, STEREO ELECTRONICS INSTALLATION AND/OR REPAIR o 200 400 I 600 800 Feet ! Prepared by Planning 01/05/04 BIANCA LLC, 12700 PARK CENTRAL DR S DALLAS TX 7F"51-1515 7000 PARTNERSHIP L TO, 6010 SADDLE RIDGE RD ARLINGTON TX 76016-2637 COUCH, EDWIN E ETUX BETIY J 7025 CORONA DR FORT WORTH TX 76180-7917 PORTER, H 0 MRS ETAL 1801 GOODNIGHT CT GRANBURY TX 76049-1854 VAUGHN, JEFFREY M ETUX KERI R 7024 CORONA DR NORTH RICHLAND HILLS TX 76180-7918 , ,,1/ 11 ~Il if f/ ~'fL/ . .0: r, µ'V"'\; // CHAMBLESS, WALTER J 14016 SPRING WAY DR HASLET TX 76052-2883 ARNOLD, LARRY 7000 NE LOOP 820 FORT WORTH TX 76180-7904 MCDOWELL, KENNETH C ETUX LISA 7103 CORONA DR FORT WORTH TX 76180-7921 KJELLANDER, MARIAN 7009 CORONA DR FORT WORTH TX 76180-7917 MONSCHKE, LARRY M & V SMITH 7020 CORONA DR FORT WORTH TX 76180-7918 SERVICE KING PAINT & BODY INC, 808 S CENTRAL EXPY RICHARDSON TX 75080-7413 BRACKIN, WILLIAM ETUX FRANCES 7101 CORONA DR FORT WORTH TX 76180-7921 HORN, ANTHONY W 7017 CORONA DR NORTH RICH LAND HILLS TX 76180-7917 BROCKETTE, MYRA 1430 ROLLI NG ACRES DR ARGYLE TX 76226-6330 SWINK, RONALD 4928 HARRELL ST FORT WORTH TX 76180-7938 SWINK, RONALD 4928 HARRELL ST FORT WORTH, TX 76180-7938 WILLIAM P. REMINGTON SHANNON,GRACEY, RATLIFF & MILLER, L.L.P 1000 BALLPARK WAY, SUITE 300 ARLINGTON, TX 76011 PZ 2004-05 PUBLIC HEARING TO CONSIDER A REQUEST FROM SERVICE KING PAINT AND BODY L.P. FOR A SPECIAL USE PERMIT (SUP) FOR AN AUTO ALARM, STEREO ELECTRONICS INSTALLATION ANDIOR REPAIR LOCATED AT 6920 N.E. LOOP 820 (.37 ACRES). APPROVED Mr. Green explained that Service King approached Staff in December of last year with a zoning request on this piece of property. The current zoning is "C1" commercial. At the time, they were requesting a revision to "C2" commercial, which is a higher impact type of use. That category was supported by the Comprehensive Plan. This is a Service King building that is no longer being utilized by Service King. They have a leasee, ProTech Electronics, that will be using the building. This is the same proposed use and same people as discussed in December. There were two ways to approach this issue: 1) to ask for an SUP in "C1" which would permit this type of use; and 2) the direction that the applicant chose, which is to ask for a rezoning to "C2." The Planning & Zoning Commission recommended by split vote to approve the request for "C2," however as that case went onto Council in January, it was denied unanimously by the City Council because the City was getting ready to embark on an 18- month study of the 820 corridor. There was a discussion at Council of the amount of money put into that study and they felt that rezoning this property at that time was premature. Knowing that the study would be coming along in short order, there could be other things that study might propose for this particular area other than a "C2" type of use. Council also discussed leaving the zoning as "C1" and allowing an SUP, which they felt they could support because it was not the more intensive zoning. Also, SUP's require site plan approval and during the course of reviewing a site plan, either the Commission or the Council could make requests of the applicant of any kind of feature that the Commission or the Council may think is appropriate to help mitigate the proposed use from adjacent property, which, on the south side of this property, is a residential neighborhood. Staff has gone through the applicant's proposal and there are a couple of things that need to be revised. There are a couple of oak trees proposed on the northwest corner of the site, referred to as 2" minimum caliper. Those need to be 3" minimum caliper in order to maintain the requirements of the Landscape Ordinance. Additionally, Staff would like to see some language to make sure they are going to be irrigated and that any vegetation that dies or is damaged would be replaced. This is typical language for a landscape plan - nothing out of the ordinary. Also, along the rear of the site is a fire lane and at the edge of the fire lane there is a masonry fence that ranges from 4-ft. to 6-ft in height, and the reason for that is the property has a slope to it so the fence is a little higher at one end than it is at the other end, but there is a very small area between where the fire lane stops and that fence. Apparently there is enough area there that could be utilized for some landscape screening. This site was developed before what the whole area will be. This is a reasonable highest and best use for this property. The Chairman opened the public hearing. Pat Remington, 1000 Ballpark Way, Suite 300, Arlington, came forward on behalf of Service King Paint & Body. He stated that he served for six years on P&Z in Arlington and six years on Council and he has heard thousands of zoning cases and that it is always a pleasure for him to sit on the other side of the podium. He explained that Service King is simply trying to get permission by this SUP to lease this property to Pro Tech Electronics which is a use similar to the prior uses on the property since this property was built. He stated that the landscape plan calls for two 2-inch live oaks on one corner of the property and 31 dwarf holly at the front of the building. Those two items appeared on the original landscape plan at the time that the property was developed. That plan was changed before the actual building permit was issued so neither the two trees or the holly currently exists. The client has just learned that TX DOT's widening of 820 will take out those areas. The applicant is asking the P&Z Commission to delete those requirements from the SUP. He stated that they will, however, be more than happy to extend the landscaping and the irrigation at the rear of the property. He stated that there are people from Service King and from Pro Tech available to answer questions. Mr. Sapp commented that he is assuming that the wall had some damage and that Service King will repair that. Mr. Remington stated that one section has a broken cap or section of the brick and they will repair it. The Chairman closed the public hearing. Mr. Laubacher commented that he voted against this the first time it came up. He knows that 820 is going to work itself out over time, but his concern was in granting an industrial zoning and that if then a new owner came in and wanted to go with industrial, the classification was there and nothing could be done about it. He made the comment at the time that an SUP would be better and since that. is now the situation, he stated that he will happily back this. Mr. Laubacher motioned to approve PZ 2004-05, removing the requirement of two trees from the landscaping, but everything else as Staff recommended. After further discussion among the Commission members, Mr. Laubacher revised his motion. Mr. Laubacher motioned to approve PZ 2004-05 with 3" trees and other recommendations as made by Staff. The motioned was seconded by Ms. Cole. The motion was passed unanimously (7-0). 10 12 14 16 18 20 22 26 28 30 32 34 " 4 6 8 36 38 40 42 ORDINANCE NO. 2777 PZ 2004-05 AN ORDINANCE AMENDING ZONING OF PROPERTY LOCATED IN THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW AUTO ALARM AND STEREO ELECTRONICS INSTALLATION AND/OR REPAIR; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet ofthe property herein described at least 10 days . before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in North Richland Hills at least 15 days before such hearing; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance, and the Official Zoning Map of North Richland Hills are hereby amended by changing the zoning on Lot 17Rl, Block 20, Snow Heights Addition of the City of North Richland Hills, Texas, and granting a specific use permit for auto alarm and stereo electronics installation and/or repair facility. Section 2: Anyperson, firm 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 Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordin No. 2777 Page 1 2 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. 2 4 AND IT IS SO ORDAINED. 6 Passed on this 11 th day of March, 2004, by a vote of _ to _. 8 CITY OF NORTH RICHLAND HILLS 10 12 By: 14 Oscar Trevino, Mayor 16 ATTEST: 18 20 Patricia Hutson, City Secretary 22 ~~LEG~ITY George A. Staples, omey 1 26 28 APPROVED AS TO CONTENT: 30 32 Department Head W,\NRH\ neral\Ordinances-Completed\MapChange SUP Svc King 2777.wpd ," CITY OF NORTH RICHLAND HILLS I Department: Planning Department Council Meeting Date: 3/11/04 Subject: Public Hearina to Consider an Ordinance Amendina the Agenda Number: PZ 2004-02 Subdivision Regulation Requirements Concerning the Location of Above-Ground Utility Service Appurtenances in Residential Subdivisions - Ordinance No. 2774. Summary: On December 15th of last year, the City Council requested that the Planning and Zoning Commission re-assess the issue of utility services in new residential subdivisions with respect to above ground appurtenances. The Mayor attended the Planning and Zoning Commission Meeting on December 18th and personally requested the members to investigate (in detail) the available options for the location of electrical transformers that would be "in the best interest of the City of North Richland Hills". The Planning Commission, staff and Oncor representatives have studied this issue since that time, examining various scenarios and situations. The Commission's deliberation included discussions concerning: the legal basis for controlling utility locations, transformer location and screening, Oncor accessibility, definition of reasonable access, developer costs, acceptable alternatives to rear lot locations and requirements for approval of non- rear lot locations. Ultimately the Commission re-affirmed the requirement for utilities to be located in rear lot locations. The Commission does, however, recommend that front yard locations be permitted in certain situations (after approval by the Commission) and after meeting certain requirements. The following are highlights of the proposed ordinance. \ Ordinance Requirements: In new residential subdivisions, utilities shall be constructed in the following manner; · All electrical, telecommunications and cable facilities shall be placed underground in an easement at the rear of the lot; · Electrical transformers must be accessible by a 7' wide dedicated Oncor utility easement that extends to the transformer from the street; · Transformers shall not exceed 36" in height and be placed on a concrete pad not exceeding 18 square feet in area; · Access to the transformers shall be through a 5' removable fence panel or gate; · Property owners and City Code Officers will work together to make sure that the transformer and surrounding area is free from obstructions; Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufñcient Funds AvaiJable . Finance Director ',-- Departm Signature "c/rM;~ {~ ( I City Manageri~~_ PZ 2004-02 Utility Ordinance CC CITY OF NORTH RICHLAND HILLS Exceptions to Rear lot locations: Exceptions to the above requirements may be approved by the Planning and Zoning Commission based on: · Environmental or technical reasons that prevent rear lot locations; · Approval for locations other than the rear lot must be presented and approved by the Planning and Zoning Commission at the preliminary plat stage of design. Requirements for alternative front lot locations: If front yard transformer locations are approved by the Planning and Zoning Commission, the following requirements shall apply: · Transformers shall be located a maximum of 5' from the front building line and located in a 10' wide utility easement that parallels the side property lines of two adjacent lots; · Transformers shall be hinged for rear access. Access must be free from obstructions; · Screening of the transformers on the front and side of the pad by a live vegetative screen is optional but recommended. Maintenance of any optional screening shall be the responsibility of adjacent property owners; · If the transformer is located on a slope where retaining walls are required, the transformer shall be located on the lower level with the retaining wall "jogged" to provide adequate rear access for maintenance; · Exceptions to these requirements must be resolved at the preliminary plat stage. OncorlDeveloper Review of Ordinance: The attached ordinance has been reviewed by Oncor representatives. Staff has also sent copies to those developers, engineers, and surveyors that do business in North Richland Hills for their review and comment. At this time no comments from the development community have been received, however, staff expects several to individuals to be in attendance during Council's consideration of the ordinance. Impact on Previous Plats: As written, . this ordinance does not affect previously approved plats such as the Graham Ranch Phase I & " and Whispering Oaks Additions. Council's approval of these plats with specific conditions for front lot service remain in effect. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission, at their meeting on February 19, 2004, recommended approval of PZ 2004-02 by a vote of 7-0. Several members of the Commission are expected to attend the Council meeting to be available to answer any questions that the Council may have concerning this proposed ordinance. RECOMMENDATION: To uphold the Planning and Zoning Commission recommendation of approval for Ordinance No. 2774. CONSIDERATION OF PROPOSED ORDINANCE AMENDING SUBDIVISION REGULATION REQUIREMENTS CONCERNING THE LOCATION OF ABOVE- GROUND UTILITY SERVICE APPURTENANCES IN RESIDENTIAL AREAS. APPROVED Mr. Green explained that several months ago the City adopted a revision to the subdivision code that required all above-ground appurtenances in new residential subdivisions to be located in the rear of the lots. After some input from the Council from Oncor concerning issues that they had with rear locations and the availability to get to rear location transformers that sometimes caused reliability problems, the Council sent this issue back to the Planning & Zoning Commission for a re-study. Staff feels this proposed ordinance is consistent with what the Commission has been looking at over the last few meetings with reference to the issue of the location of electrical transformers -- the electrical service lines must be underground; above-ground appurtenances must be located in the rear of a residential lot. There are times and locations where that will not be possible, either from an environmental standpoint where there may be a grouping of mature trees that provide more benefit leaving them in place rather than taking them out to allow locating a transformer in the rear of the property, or in many subdivisions there are water features, such as a lake, which would lead to difficulties in being able to service transformers. This ordinance language does provide for alternative locations for transformers, which would be in the front of a lot but not at the very front of a lot adjacent to a street or sidewalk. Locations would be moved further back into the lot, within 5-ft. of either the front or side building line, which will get the transformer away from the street and sidewalk and puts it in the yard close to the house for the purpose of being able to disguise it through landscaping. The ordinance does not automatically allow the developer to do this. It must be shown on the preliminary plat and discussed and requested at the P&Z discussion of that preliminary plat. As the Planning & Zoning Commission reviews preliminary plats in the future for multi-lot subdivisions, should there be an occasion where locations are proposed other than the rear of a lot that would have to be requested and approved by the Planning & Zoning Commission at that time. Ms. Cole stated that the term as far as for the exceptions to the rear reads, "to demonstrate rear lot utility location is not technically or environmentally feasible." She stated that previous discussion involved "topographical and environmental," not "technically." Mr. Green responded that he thought previous discussion included "technically," "environmentally," and "economically" and that "economically" was dropped. Ms. Cole stated that in the minutes from the last meeting Mr. Davis used "topographical." [Recording Secretary note: Ms. Cole is referring to the worksession notes of February 5.] Mr. Green asked Ms. Cole if she would be more comfortable with "topographically." Ms. Cole asked for an explanation of what is meant by "technically." Mr. Green explained that "technically" would indicate that there is no other way to get to that area. He stated that it would be a very simple change to make if there is a preference for "topographically" rather than "technically." Mr. Schopper stated that "technically" is more encompassing. Mr. Davis stated that topography is a technical reason for why it couldn't be done. He stated that "environmentally" is understandable such as a big row of existing trees that could be saved. Mr. Schopper added that each case would have to be made before this Commission, whether it is environmental or technical and the Commission has the ability to make the decision then. Mr. Davis and Chairman Bowen stated that this language allows the Commission some discretion. Mr. Schopper commented on the changes requested by Oncor: that in paragraph 3, Section 1, "10 foot wide paved surface" will be changed to "7 -ft. wide dedicated Oncor utility easement" and that the reason this can be done and specified as "Oncor" is because this refers to electrical transformers only. He stated that instead of extending the pavement to within 25-ft. of the transformer, the easement is going to extend to the transformer. The access on the easement will be provided by a 5-ft. wide removable fence panel or gate. Mr. Schopper wondered whether or not the "5-ft. wide removable fence panel or gate" would suffice. Mr. Davis stated that this will be put on the plat and on a separate easement description, which will allow for better enforcement on both parts. Mr. Schopper stated that the current language "free from obstructions" needs more teeth since people stack items against fences. Mr. Sapp stated that he agrees and that he is also concerned about "designed to meet Oncor's 'specifications'" since "specifications" are not part of this instrument and can change over time. Without knowing what those specifications might be at some point in time, he is uncomfortable having the word "specifications" in there. Mr. Davis suggested "5-ft. wide removable fence panel or gate and provide security for homeowners and is free from obstruction" and take out the phrase "designed to meet Oncor's specifications." Mr. Sapp asked that the last sentence of the 2nd paragraph be changed from "must be located at least 20 feet from the curb" to "must be located a maximum of 5-ft. from the side building line." Mr. Laubacher asked for a clarification that "dedicated Oncor" will be left in. Mr. Schopper responded, "yes, because it is only electrical transformers and nobody else has them." Mr. Laubacher wondered if that would require revising the ordinance in the future if someone bought Oncor and changed the name. Mr. Green stated that Staff would look at it as the intent of the ordinance. The last item discussed was Section 2, Item 2, "screening." Mr. Davis suggested "recommended for the front and sides of the transformer only." He further clarified, "Screening of above-ground appurtenances by a live vegetative screen is recommended for the front on the street side and sides of the pad." Mr. Sapp suggested specifying that "access to the rear of the transformer must remain unobstructed." Mr. Davis suggested on Item 3, "...provide for rear service access and will be so designed or located so that there are no obstructions in place for service maintenance." Ms. Cole suggested staying with "access to rear must be free from obstruction." Mr. Laubacher asked for clarification of other utility companies, such as cable, telephone, etc. Mr. Sapp responded that "all are in the rear." He stated that if there is an exception, it must be by utility. For instance, if Oncor can present a case for technical or environmental reasons that are accepted at preliminary plat, then the exception would be granted to Oncor only, unless the Planning & Zoning Commission is petitioned for an exception by cable or others, they remain at the rear lot as specified. Mr. Sapp, seconded by Mr. Schopper, motioned to pass the proposed amendment to the utility ordinance as written with the exception of the amending language previously discussed. The motion passed unanimously (7-0). Mr. Davis thanked Oncor for their positive attitude during this long (3 month) process. He stated that this change is good for the utility company and the City because it meets Oncor's needs, as well as meeting the need of how the City would like things to look. He stated that it also gives Staff some teeth regarding access, as well as guidelines for Code Enforcement. He stated that is has opened "our eyes" to the way a proposed change ought to happen and that Oncor was informative, very fair, with good discussion and debate which has resulted in an ordinance that Council can be proud of and one that should work for the City for a long time to come. Chairman Bowen asked Mr. Green if he was going to pass this by some developers. Mr. Green responded that it would be valuable to notify pertinent developers and engineers that work in the City of North Richland Hills to take a look at it, providing them an opportunity to comment on it. The revised ordinance will be presented to the City Council on March 11. Staff would appreciate P&Z members being available at that Council meeting. ORDINANCE NO. 2774 PZ 2004-02 4 6 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; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 8 10 12 14 16 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, 18 20 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, 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 to read as follows: 26 30 "(a) Utilities to be in Rights of Way or Easements; Underground utilities, Exceptions. All public utilities shall be constructed within a public street right of way or an appropriate public utility easement. When a proposed water or sewer line or a drainage facility will be placed adjacent to a public road maintained by the Texas Department of transportation, a separate specific use easement document shall be provided for each utility or drainage facility. Public utilities shall be placed underground in new subdivisions absent a compelling demonstration that this requirement is unreasonable, or unfeasible. 28 32 34 42 (b) Underground utilities at rear of lot (10-13 to 11-10-03). In residential subdivisions with final plats approved on or after October 13, 2003, and on or before November 10, 2003, underground electric utilities may be allowed in an easement not greater than 10 feet wide along the front or side property lines as long as above-ground electrical transfonners and other electrical appurtenances in such subdivisions do not exceed thirty six (36) inches in height, are placed on a concrete pad not exceeding eighteen (18) square feet in area enclosed on three sides by living evergreen plant screening at least ten (10) inches higher than the transfonner, but not exceeding four and a half (4 1/2) feet in height, with the open side away from the nearest street. The owner of the lot where the 36 38 40 Ordinance No. 2774 Page 1 of 4 6 transformer is located shall be responsible for the initial planting of the plant screening which shall be in place prior to final inspection of the house on such lot. In the event the homeowner's association wishes to install the plant screening, it may do so before any homes receive final inspection. The homeowner's association will be responsible for the maintenance of the screening in either case. The foregoing requirements shall be exclusive and the remaining subsections of this section shall not apply. 4 8 (c) Underground utilities at rear oflot (after 11-10-03). In residential subdivisions platted after November 10, 2003, all new residential subdivisions shall require electrical, telecommunications and cable facilities, including new service drops, to be placed underground in an easement at the rear lot line. Where rear lot utilities are located on comer lots, above ground appurtenances must be located a maximum of five (5) feet from the side building line. 10 12 14 16 (d) Transformers. All electrical transformers must be accessible by a seven (7) foot wide dedicated Oncor utility easement that extends to the transformer. Physical access to the transformer will be provided via a five (5) foot wide removable fence panel or gate located in the easement. Property owners will be responsible for providing security for the transformer and will make sure that the transformer is free from obstruction. The city will make reasonable efforts through communication and code enforcement to assure that residents provide unobstructed access including unlocked gates. 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. 18 20 22 26 Transformers and other appurtenances shall not exceed thirty six (36) inches in height and transformers shall be placed on a concrete pad not exceeding eighteen (18) square feet in area. Fire hydrants and traffic signal controllers are exempted from the rear lot or tract line requirement. 28 30 32 In all cases, before construction of facilities commence, the easement shall be reduced to final grade, at developer's sole cost and expense. Additionally, if such easement is located within a floodplain, the entire surface of the easement shall be raised above the flood plain elevation, at developer's sole cost and expense, before construction of the facilities commences. 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. 34 36 38 40 42 (e) Exceptions. Exceptions to the rear lot location may granted by providing facts and circumstances to the Planning and Zoning Commission at the preliminary plat stage to demonstrate rear lot utility location is not technically or environmentally feasible. Since the impact of technical and environmental factors may differ, exceptions for each utility will be considered separately and on a stand alone basis. 44 Ordinance No. 2774 Page 2 of 4 (f) Requirements for Non-Rear Lot Locations. Service lines, above-ground appurtenances and equipment locations for utility service approved by the Planning and Zoning Commission for other than the required rear lot locations must follow the guidelines below: 4 6 1. Underground utility service lines shall be located within a ten (10) foot wide easement, equally divided and paralleling the side property line of two adjacent lots. Above-ground electrical transformers and other utility appurtenances located within such easements shall be located five (5) feet from the front building setback line. 8 10 12 2. Transformers will be hinged to provide for rear service access. Access to the rear must be free from obstructions. Additionally, the use of surface "hand boxes" versus pedestals for electric utilities is required. 14 3. Screening of the above ground appurtenance by a live vegetative screen is recommended for the street front and sides of the pad. Maintenance of the optional screening shall be the responsibility of the owners of the adjacent lots where the appurtenance is located. 16 18 20 4. In situations where the grade requires retaining walls, the transformer pad will be located on the lower grade and the retaining walls will be "jogged" to accommodate the transformer pad and provide adequate service access. 22 stage. 26 5. Exceptions to any requirement must be resolved at the preliminary plat 28 Nothing herein shall be construed as to require utility companies to "underground" existing or new electric facilities, nor to prohibit the upgrading, reconstruction or reconductoring of existing overhead facilities in the City's public rights-of-way." 30 Section 2: 32 Section 3: 34 36 38 Section 4: 40 42 44 Ordinance No. 2774 Page 3 of4 Ordinances 2737 and 2763 are hereby repealed. 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. 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. 4 Section 5: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. 6 8 Section 6: This ordinance shall be in full force and effect immediately upon passage. 10 AND IT IS SO ORDAINED. 12 Passed on the 11th day of March, 2004. 14 CITY OF NORTH RICHLAND HILLS 16 18 By: Oscar Trevino, Mayor 20 ATTEST: 22 Patricia Hutson, City Secretary 26 APPROVED AS TO FORM AND LEGALITY: 28 30 George A. Staples, Attorney 32 APPROVED AS TO CONTENT: 34 36 Department Head 38 Ordinance No. 2774 Page 4 of 4 -'Ì ;r CITY OF NORTH RICHLAND HILLS Department: PlanninQ Department Council Meeting Date: 3/11/04 Subject: Public HearinQ and Consideration of a ReQuest from Agenda Number: PZ 2003-28 Arcadia Holdings, Inc. to Approve a Revised Thoroughfare Plan for the Home Town NRH Addition located West of Grapevine Highway and South of Mid-Cities Boulevard - Ordinance No. 2776 Case Summary: Arcadia Holdings, Inc. developers of the Home Town NRH project have requested a revision to the existing Thoroughfare Plan in the Home Town area. Arcadia has been working with Birdville Independent School District over the past several months on a location for a new elementary school site. The site chosen is approximately 10 acres in size and located immediately east of the Bridge Street bridge. This location will be at the future intersection of two major streets (Parker and Bridge). Construction of the school will begin in Mayor June of this year with the school being open by August of 2005. The proposed size and location of the school site has necessitated a revision to both the existing Thoroughfare Plan (ref. PZ 2001-34 - attached) and Preliminary Plat in that area of the Home Town development east of the lakes. Staff has required the applicant to submit a Traffic Impact Analysis to asses these proposed revisions. The TIA has been reviewed by the city's traffic consultant, Kimley-Hom. Attached is a memo from the Public Works Department commenting on these revisions. Dan Quinto from Arcadia Realty will address the Council on the proposed school development as well as this proposed thoroughfare plan revision at the work session prior to the Council meeting. City staff will be available to answer questions as well. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on February 19, 2004, recommended approval of PZ 2003-28 by a vote of 7-0 with the following stipulations: 1) That no change be approved in the status of streets colored in orange (south and east of Parker) on the applicant's graphic (attached). Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Account Number Sufficient Funds Available Finance Director ~-~ . . U/lJ.,1/v - .. ..- City-£. PZ 2003-28 Home Town Thoroughfare Plan Revision CC CITY OF NORTH RICHLAND HILLS RECOMMENDATION: To uphold the Planning and Zoning Commission recommendation of approval (with stipulation) for PZ 2003-28 by approving Ordinance No. 2776 Review Schedule: Application: 12/9/03 Final Hearing: 3111/04 Total Review Time: 13 weeks· · Review of this request was impacted by the staff's concurrent review of the revised preliminary plat for Home Town NRH. PS 2003-59/PZ 2003-28 CONSIDERATION OF A REQUEST FROM ARCADIA HOLDINGS, INC. TO APPROVE THE REVISED PRELIMINARY PLAT OF HOME TOWN NRH ADDITION LOCATED IN THE J. BARLOUGH SURVEY, A-130, L.C. WALKER SURVEY, A-1652 & A-1653, T.K. MARTIN SURVEY, A-1055 AND THE D.C. MANNING SURVEY, A-1046 (284.0 ACRES). APPROVED Mr. Green stated that both of these items refer to changes that are being proposed in Home Town Addition. The changes are needed because Birdville ISO would like to locate a new elementary school within this subdivision. It would be located on a 10-acre tract at the corner of Bridge Street and Parker Blvd. and requires changes to the blocking or lotting patterns in the preliminary plat of this subdivision and also to alignments, street designations and street sizes in the addition. The applicant, Dan Quinto, 602 Northwood Trail, Southlake, came forward to answer questions. Mr. Schopper stated that the only issue seems to be the changing of the street along the eastern boundary from a Town Center street to a North Richland Hills street. Mr. Quinto responded that they would have no objection to returning that street to a Town Center designation. Mr. Davis commented that he would have liked to see Cardinal Lane connect to multi-family rather than the alley. He stated that he would like the Commission to look closely at the site plan of the multi-family tract. Mr. Davis commented that he felt Simmons would be ok, but he has a concern with the streets south of Parker, because nothing has changed. The land uses are the same, but the streets have been made smaller: South Broad Street, Grand Avenue, Courtenay St., Parker Blvd. should be left alone. Mr. Davis stated that the only streets he would be interested in changing are the ones around the school site, and Parker, as it goes back up to Mid Cities Blvd. Mr. Sapp stated that he does not have a problem with the downsizing of Winter Park and Street N. Mr. Davis agreed that those are residential and could be smaller, but the streets south and west of Parker should be left alone. He also stated that changing the C2U (2-lane undivided collector) will probably help the school site. Mr. Quinto responded that they have no problem with leaving the streets south of Parker at their current size according to the existing thoroughfare. He further stated that the discussion on whether or not that was a Home Town street centered around parking. Home Town streets have parking along the sides and the street that was designated was a 70-40 which allowed for two 13-ft. drive lanes. Their traffic engineer thought that was fine, but the parking along the sides became problematic. Mr. Davis asked if only the recommended changes would go to the City Council - not what the applicant wants, but only what P&Z votes to change. Mr. Quinto stated that he could commit to getting Staff a plan that reflects what P&Z votes to change. Mr. Davis stated that he would not want to show any changes to Grand, Courtenay, South Broad and a portion of Parker. He stated that the preliminary plat does not go to Council so he suggests approving the preliminary plat subject to this action. Ms. Cole stated that in looking at this she stayed inside Home Town and didn't get onto Simmons and Cardinal. She asked Mr. Quinto to walk her through the top section at Blueline. Is that part of Home Town? How does that street look right now (Simmons coming south at Blueline). Mr. Quinto stated that it does not have the intimate character that the Home Town streets are designed to engender. Ms. Cole then stated that the residential fencing issue wasn't resolved earlier. Mr. Davis responded that they would have to do whatever is required next to a C2U. Mr. Quinto stated that it could be a requirement in final plat. Mr. Laubacher stated that his understanding is that the drop-off area for the school will be off of Simmons Dr. He stated that Parker Blvd. will be increased in size due to the school, which is facing Parker, but all of the traffic seems to be generated on Simmons in the back. Is Simmons's designation being changed? It is separate from the Home Town area. Is it large enough to handle this traffic? Mr. Schopper added that perhaps it should be increased to four lanes instead of two, increasing the capacity and requiring a masonry fence. He asked what the traffic study showed? Mr. Barton explained that a traffic impact analysis (TIA) was performed for the proposed changes to the Thoroughfare Plan for Home Town and the school site. The recommendation in the TIA was that Simmons should remain a 40-ft. street. The original Home Town designation was 70-40 (70-ft. of right-of-way, 40-ft. of width). C2U is also a 40-ft. wide street. The school will be required to build half of the permanent pavement and end up with 24-ft. total pavement. Theoretically they could built 20-ft. of concrete with 4-ft. of asphalt for a total of 24-ft. of width, which is sufficient capacity to handle the school. The other half will be built whenever the property across the street develops. Mr. Barton stated that the 70- 40 Home Town designation has parking on the sides. He stated that would not work out well for the school site because the TIA recommended a deceleration lane be constructed for southbound traffic on Simmons. So folks will pull over to slow down to turn into the school site and striped-off parking would interfere with a turn lane. Chairman Bowen stated that this is not a public hearing but several citizens in the audience requested permission to speak so the Chairman will allow, each person two minutes to make comments. Steve Koons, 6054 Lake Way Mews, stated that he has been a resident of Home Town for two years this coming May, as well as working in Home Town so he spends almost all of his waking hours there. He stated that he wants to encourage approval of the plan because he feels the addition of the school will be of great benefit to all of the residents of Home Town. Paula Janis, 5963 Winter Park Dr., stated that she has lived at Home Town almost two years (March) and she is glad that the school will go in as well as other changes. She likes the narrow streets as well, which cuts down on traffic. She hopes the proposal is approved. Jane Birkes, 8300 Euclid Ave., has been a resident of Home Town for a little over a year. She likes the narrow streets since it slows down the traffic and makes it more safe. She would like to see the proposal approved. Mr. Davis, seconded by Ms. Cole, motioned to amend the Thoroughfare Plan to note the changes on Parker Blvd., Bridge Street, Street N, Winter Park Drive, Cardinal, and Simmons. Everything "orange" that is south and east of Parker should not be changed. The motion was approved unanimously (7-0). Mr. Davis, seconded by Mr. Sapp, motioned to approve PS 2003-59 subject to the thoroughfare revisions voted for in PZ 2003-28. The motion was approved unanimously (7-0). N I~H:);:u¡¡C /"ic.J!c:i !~,iI;ìil1!::tídt¡üll :;-'1 February 13, 2004 MEMO TO: Donna Jackson, Planner FROM: Lance Barton, P.E., Assistant Public Works Director SUBJECT: HOME TOWN NRH ADDITION; Thoroughfare Plan Revision Preliminary Plat Revision Public Works has completed our review of the proposed revisions to the Home Town NRH Addition Thoroughfare Plan and Preliminary Plat. Thorouqhfare Plan Revisions The proposed modifications to the Thoroughfare Plan were supported by an update to the Home Town Traffic Impact Analysis (TIA) which reflected the proposed changes. The results of the analysis indicate that the proposed changes will provide an acceptable level of service for the anticipated volume of traffic. The revised TIA was reviewed by our consultant and he concurred with the results of the analysis. The proposed changes fall into 4 categories. 1. Revising certain streets to a less wide section. 2. Changing certain streets to a new Home Town street section. 3. Changing a street currently identified as a Home Town street section to a City of North Richland Hills Thoroughfare Plan street designation. 4. Changing a street designation from an approved Home Town designation to another approved Home Town designation of the same size. See the attached colored drawing for the locations of the various changes. Public Works concurs with the analysis of the proposed revisions and recommends approval of the requested changes to the Thoroughfare Plan for the Home Town NRH Addition. ;~:. "i .. ß2·;"jr)C8 '..J ":'i ;:.~!)t/.;S: \\():'~j-i :~u: ,+Z7·-.j4U4 Preliminary Plat Revisions The proposed changes to the preliminary plat involve areas east of Winter Park Drive designated West 2, West 4, and West 5. The changes generally reflect revisions to the proposed lot layout and street alignments layout in these areas. Public Works offers no objections to the proposed changes to the lot layouts and street alignments in the West 2, West 4, and West 5 areas. ,J5~ i 18 oM ~ ~ N l ~ I ~ i' I t :%: CS-80-50 TYPE: Commercial Street MOVEMENT: Slow Movement DESIGN SPEED: 20 MPH TRAFFIC FLOW: Two Way PARKING LANES: Diaganol/Parallel CURB TYPE: Raised (radius per plan) R.O.W. WIDTH: 80 Feet PAVEMENT WIDTH: 50 Feet SIDEWALK WIDTH: 6' min, 15' max PLANTER WIDTH: 0' min, 9' max PLANTER TYPE: Individual Tree Well PLANTER PATTERN: 30' On Center RECOMMENDED SPECIES: 1) Sweetgum 2) October Glory Maple 3) Chinese Pistachio ID ~ .~ . """*'I .- - . Qr"II1 SCALE 1" - 30' Jones & Boyd, Inc. 17090 Dallas Parkway, Suite 200 Dallas, Texas 75248 Tel: 972-248-7676 Fax: 972·248-1414 -110'r---30'~10'r- ë ~ = ~ š Q; ~ ~ ¡¡; ¡¡; þ þ .... .... - - ''¡:: ..¡:: ::> ::> ] ] ~ ï ~ '"0 00 .... 1:1) õ õ - ~ - ~ :ß åd ~ N " N 10xl0 Clip at R.O.W. ao . 'U ~ ~ .!. ~ § ~ 01 . ~ N § i ~ )7 :Ï: MOD-AL-30 TYPE: Alley MOVEMENT: Slow Movement DESIGN SPEED: 15 MPH CONSTRUCTIOIN: Straight Grade TRAFFIC FLOW: Two Way PARKING LANES: None CURB TYPE: Raised (radius per plan) R.O.W. WIDTH: 30 Feet PAVEMENT WIDm: 30 Feet SIDEWALK WIDm: 4' min, 6' max (if needed) SIDEW ALKI UTILITY EASEMENT: 10' t: 'U SCALE 1· - 30' II Jones & Boyd, Inc. 17090 Dallas Parkway, Suite 200 : =' Dallas, Texas 75248 . = Tel: 972-248-7676 . SIM P; Fax: 972·248-1414 ~ ~'wn Á}!:> - - L-- ..;-: I ~ . ~- ~ ~ ~ "D E ~ (1)....... -c:: ~(1).è ~ C/) E .~ M _ Cl. U J Q) 0 >0- Q)- ~.t::~0) o C/) Cl) .~ 000"'0 N- c:: c:: ::J N~~o Q..oot:: rJ) r- ::J >(1)C/) (1) E n::: 0 I ~, I·N~· lLLL: -. A ...... rr~-~·:J.· ,~_. ..--.: ~I~- -= ."--.-- ~ !~r -, L.....I ¡J. - -<f- . .~". , j.' i ]I ~ ¡ ! , ,} 1.1 , ... I I r ' I!~ .,. 1 'I t'l I . . , I , : . .;¡;ø. . '. 1-: . "';. -" i f' --'R.. - ,..... "" .-~. . . i:!':. . I:'" " .¡ :~th-~~~-\"~' } '. tft:~ roo ~:: , { 'JI ~. ~~. 1!-1 '. ... . ~; j :;11 . _.... of !~",r--"'!II Æ I.- :...;...;. " Ii ' .-:-- ......·L· ~', \-..- ..' . . ._........ lI. "'1':" . ;. ~ ~ , 1 I I Ii' . .'11~"'7 ~ -. .--~." ....., ~I ;:~~~?:: ~¡í' ,..-..... . . . : o \. 'L " " ~ .!..:. 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I' .~~ --:~ 2 4 6 8 10 12 14 16 18 20 2 24 26 28 30 32 34 36 38 40 .~_..._--,-,._------------_. ORDINANCE NO. 2776 PZ 2003-28 AN ORDINANCE OF THE CITY OF NORTH RlCHLAND HILLS, TEXAS, AMENDING THE THOROUGHFARE PLAN WITHIN THE HOMETOWN NORTH RlCHLAND HILLS ADDITION. WHEREAS, the City Council has received recommendations concerning amendments to street classifications within Hometown North Richland Hills Addition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND HILLS, TEXAS: Section 1: THAT the Thoroughfare Plan of the City of North Richland Hills is hereby amended within Hometown North Richland Hills Addition as reflected on the map attached hereto. AND IT IS SO ORDAINED. PASSED AND APPROVED this 11 th of March, 2004. CITY OF NORTH RlCHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Ordina No. 2776 Page 1 2 2 4 "._"---~-_.---~-..._-------~~-_._-~-~ APPROVED AS TO CONTENT: Department Head Ordin No. 2776 Page 2 2 CITY OF ~ NORTH RICHLAND HILLS Department: PlanninQ Department . Council Meeting Date: 3/11/04 Subject: Consideration of a ReQuest from the City of North Richland. Agenda Number: PS 2004-02 Hills to Approve the Final Plat of Lot 1, Block 1 Fire Department Addition Located at 7245 Hiahtower (2.7561 acres). Case Summary: The property is currently not platted and vacant. The City desires to plat the site for the purpose of constructing Fire Station NO.4. Thoroughfare Plan: The Thoroughfare Plan designates Hightower Road as an undivided 4-lane, major collector with a 68' R.O.W (C4U). This lot also has frontage on Douglas Lane which is designated as an undivided 2 lane, minor collector with 60' R.O. W (C2U). Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the area. The proposed use is consistent with the Plan in that fire stations are typically accepted as a part of the fabric of a community and are considered appropriate uses in most areas. Staff Review: The Development Review Committee has reviewed the plat and has determined that the final plat complies with the approved preliminary plat. Attached is a memo stating that all of staffs comments have been satisfied. '-... - Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on February 19, 2004 recommended approval of PS 2004-02 by a vote of 7-0 with the following suggestion: 1) That the plat be re-named Lot 1, Block 1 Stan Gertz Addition to honor former Fire Chief Stan Gertz. Recommendation: To Approve PS 2004-02 the Final Plat of Lot 1, Block 1 Fire Department Addition as recommended by the Planning and Zoning Commission with the re-naming of the plat to be considered by the Council-appointed Naming Committee. Review Schedule: Application: 1/02/04 Final Hearing: 3/11/04 Total R~view Time: 10 weeks Source of Funds: Bonds (GOlRev.) Operating Budget Finance Review Account Number Sufficient Funds A val1atHe Finance Director PS 2004-02 Fire Department Addition ....J a:: IT( ~ æ z w w a:: ~ f .~: N A NRH PS 2004-02 FINAL PLAT LOT 1, BLOCK 1 FIRE DEPARTMENT ADDITION Prepared by Planning 02-10-04 NI~H January 30,2004 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate SUBJECT: FIRE DEPARTMENT ADDITION; LOT 1, BLOCK 1 Final Plat, PS2004-02 Public Works has reviewed the Final Plat submitted to this office on January 30, 2004. All of Public Works' requirements have been met. We recommend placement on the next Planning and Zoning meeting agenda. (k,~ ~~.v- Caroline Waggoner, E.!. cc: Lance Barton, Asst. Dir. Public Works AP Surveying, via fax CL W /pwm2004-31 ::, <> :~~{JX'j;::'Jt:U::;~ ,;') (_':. nJ-¡ ;-::jGJlk1n(~ ~';,in~; ,1 ü ;:h ,:~; L;'¡ S'~ PS 2004-02 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICH LAND HILLS TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1, FIRE DEPARTMENT ADDITION LOCATED AT 7245 HIGHTOWER (2.7561 ACRES). APPROVED Mr. Green stated that this site is located at the corner of Douglas and Hightower Drives. This is a future site. The preliminary plat and final plat are before the Commission tonight. The City Council is very close to accepting bids for the construction of the new fire stations and the preliminary and final plats are needed before those bids are awarded, Public Works requirements have been met and Staff recommends approval of the preliminary and final plats. Ms. Cole, seconded by Mr. Nehring, motioned to approve PS 2003-61. The motion was approved unanimously (7-0). Ms. Cole, seconded by Mr. Sapp, motioned to approve PS 2004-02 with the suggestion that the City Council consider renaming this Lot 1, Block 1, Stan Gertz Addition to honor Mr. Gertz who retired from the City of North Richland Hills after serving as Fire Chief for 28 years. The motion was approved unanimously (7-0). ,.. ..... , CITY OF NORTH RICHLAND HILLS Department: Fire Department Council Meeting Date: 3/11/04 Subject: Approve Ordinance for Domestic Preparedness - Ordinance No. 2771 Purpose: Agenda Number: GN 2004-016 To seek the Mayor and Council's support in updating the Ordinance relating to Emergency Management as recommended by the North Richland Hills Fire Department Office of Emergency Management. Backaround: The Texas Department of Public Safety Division of Emergency Management (TDEM) recommends that Cities periodically review and update ordinances relating to Emergency Management. The current City Ordinance Chapter 7 Defense and Disaster Relief are outdated and do not meet state minimum recommendations. The changes this ordinance makes include: Removal of reference to defense and disaster relief and replace with emergency management· Removal of reference to advisory emergency board Specifies duties of the Emergency Management Director Specifies duties of the Emergency Management Coordinator Update of verbiage to current accepted emergency management terminology General rewording and organization of ordinance sections This Ordinance has been re-written to conform in form and function to meet state guidelines as set forth by the Texas Department of Public Safety Division of Emergency Management. Recommendation: To approve Ordinance No. 2771. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Fund$ ~vallaDle Finance Director Budget Director ORDINANCE NO. 2771 2 6 AN ORDINANCE AMENDING CHAPTER 7 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES; ESTABLISHING A COMPREHENSIVE EMERGENCY MANAGEMENT, HOMELAND SECURITY, DOMESTIC PREPAREDNESS PROGRAM, ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT, AND HOMELAND SECURITY WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF NORTH RICHLAND HILLS; AND AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABLE CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 4 8 10 12 14 16 18 20 7.4 WHEREAS, the City Council of the City of North Richland Hills finds that the identification of potential hazards and the prevention or mitigation of their effects must be an ongoing concern of the City if the lives and property of the populace are to be protected; and 22 26 WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management Plan, and the means for its implementation for the protection oflives and property in the City of North Richland Hills from natural or man caused disasters or threat thereof is immediately essential; and 28 30 34 WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and 32 36 WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; NOW, THEREFORE, 38 40 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 42 Section 1: THAT Chapter 7 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: 44 "Sec. 7-1. ORGANIZATION 1·6 Ordinance No. 2771 Page 1 of 6 2 There exists the office of Emergency Management Director of the City of North Richland Hills, which shall be held by the Mayor in accordance with State law. 6 (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure ofthe Director. The Emergency Management Coordinator will be assigned to the Fire Department and will be supervised by the Fire Chief. 4 8 (b) The Director shall be responsible for a program of comprehensive emergency management within the City and for carrying out the duties and responsibilities set forth in this ordinance. He/she may delegate authority for execution; responsibility shall remain with the Director. 10 12 14 (c) The operational Emergency Management organization of the City of North Richland Hills shall consist of the officers and employees of the City so designated by the Director in the Emergency Management Plan, as well as organized volunteer groups. The functions and duties ofthis organization shall be distributed among such officers and employees in accordance with the terms of the Emergency Management Plan. 16 18 Sec. 7-2. Emergency Management Director - Powers and Duties 20 22 The duties and responsibilities of the Emergency Management Director shall include the following: 24 (a) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of7 days except by or with the consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 26 28 30 (b) Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. 32 34 36 (c) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. 38 (d) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. 40 42 (e) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. 44 16 (f) Other requirements as specified in the Texas Disaster Act (Chapter 418 of the Government Code). Ordinance No. 2771 Page 2 of 6 2 The following duties shall be delegated by the Emergency Management Director to the Fire Chief and Emergency Management Coordinator: 4 (a) Surveying actual or potential hazards which threaten life and property within the City and identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. 6 8 (b) Supervision ofthe development and approval of an Emergency Management Plan for the City of North Richland Hills, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. 10 12 ( c) Direction and control of the operations of the North Richland Hills Emergency Management organization as well as the training of Emergency Management personnel. 14 16 (d) Maintenance ofliaison with other municipal, County, District, State, regional or federal Emergency Management organizations. 18 ( e) Marshaling of all necessary personnel, equipment, or supplies from any department of the City to aid in the carrying out of the provisions ofthe Emergency Management Plan. 20 24 (f) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives ofthe State and of other local political subdivisions of the A2-3 State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said City is located and with other municipalities within the County, for the County- wide coordination of Emergency Management efforts. 22 26 28 (g) Surveying the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein. 30 Sec. 7-3. Emergency Management Plan 32 34 A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form ofthe organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions ofthis ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The Emergency Management Plan shall be considered supplementary to this ordinance and have the effect of law during the time of a disaster. 36 38 40 42 44 Sec. 7-4. Inter-jurisdictional Program 1-6 Ordinance No. 2771 Page 3 of 6 2 The Emergency Management Director is hereby authorized to join with the County Judge of Tarrant County and the mayors of the other cities in said County, in the formation of an inter- jurisdictional emergency management program for Tarrant County, and shall have the authority to cooperate in the preparation of an inter-jurisdictional Emergency Management Plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a County-wide program of emergency management insofar as said program may affect the City of North Richland Hills. 4 6 8 Sec. 7-5. Override 10 12 At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. 14 Sec. 7-6. Liability 16 18 This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of North Richland Hills, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any ofthe agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance, shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of North Richland Hills a license of privilege, or otherwise permits the City to inspect, designate, and use the whole or any part of parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of or injury to any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. 20 22 24 26 28 30 32 Ordinance No. 2771 Page 4 of 6 2 Sec. 7-7. Commitment of Funds No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Council, City Manager, or the Emergency Management Coordinator, nor shall any person have any right to bind the City by contract, agreement, or otherwise without prior and specific approval ofthe City Council, City Manager, or the Emergency Management Coordinator unless during a declared disaster. During a declared disaster, the Mayor, City Manager or the Emergency Management Coordinator may expend and/or commit public funds of the City when deemed prudent and necessary for the protection of health, life or property. 4 6 8 10 12 Sec. 7-8. Offenses (a) It shall be unlawful for any person to willfully obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance. 14 16 (b) It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the Emergency Management organization of the City of North Richland Hills, unless authority to do so has been granted to such person by the property officials." 18 20 22 Section 2: 14 26 28 Section 3: 30 32 34 36 38 Section 4: 40 42 44 Section 5: 16 Ordinance No. 2771 Page 5 of 6 This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, the conflicting provisions of such ordinances and such Code are hereby repealed. 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. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty ofa 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. 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 "~."~_._--------------- 2 and safety which have accrued at the time ofthe effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. 4 6 Section 6: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. 8 10 12 Section 7: This ordinance shall be in full force and effect immediately upon passage. 14 AND IT IS SO ORDAINED. 16 PASSED AND APPROVED on this day of March, 2004. 18 CITY OF NORTH RICHLAND HILLS 20 22 By: Oscar Trevino, Mayor 24 ATTEST: 26 28 Patricia Hutson, City Secretary 30 APPROVED AS TO FORM AND LEGALITY: 32 34 George A. Staples, Attorney 36 APPROVED AS TO CONTENT: 38 40 ~/j,cpOJ)çp, Department Head I Ordinance No. 2771 Page 6 of 6 .. ;- CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/11/04 J Subject: Approve 2004 Preventive Street Maintenance ProQram Agenda Number: ·GN 2004-017 A CIP Committee Meeting was conducted on February 27,2004. At the meeting, the Public Works Department staff presented the 2004 Preventive Street Maintenance Program. The program being recommended by the committee will consist of asphalt overlay (17 streets), slurry seal (32 streets), and crack seal (40 streets). Attached you will find a listing of the streets being recommended. The streets identified to be overlaid are generally the streets that have the lowest condition rating. Public Works staff has looked at the streets with the lowest condition rating and made a determination as to which streets are eligible for a 2" HMAC Overlay. Staff also considered budget and the rate of pavement deterioration to develop the recommended list of streets to be overlaid. The recommended list of streets includes two streets that were added to the program during the CIP Committee Meeting. The two streets added and how they impact the budget is shown below. Nancy Lane (Maplewood Avenue to Loop 820) New subgrade & asphalt pavement $119,000 \.. Odell Street (Davis Boulevard to Smithfield Road) Slurry Seal (The additional cost for Odell Street can be absorbed in the currently adopted CIP Budget.) $ 3,000 The total estimated cost of the program being recommended is $829,855. City Council approved $710,855 in the 200312004 Capital Projects Budget. The increase in the budget will be $119,000 (the additional cost to add Nancy Lane). The Capital Projects Budget will need to be revised as shown on the following budget revision attachments. Sufficient funds are available in the Permanent Street Maintenance Fund to cover the additional cost. After the completion of the 2004 Preventive Street Maintenance Program, a balance of approximately $500,000 will remain. Staff is considering recommending to Council during the presentation of the 2Ó04/05 Capital Projects Budget that the remaining balance be used to fund next year's program (2005 Preventive Street Maintenance Program). Recommendation: The CIP Committee and staff recommend approval of the 2004 Preventive Street Maintenance Program with the addition of Nancy Lane' and authorize the budget amendment in the amount of $119,000 for the additional costs. Source of Funds: Bonds (GO/Rev.) Operating Budget Other - r Finance Review Account Number 315-6003-603.43-45 Sufficient Funds A'vallaDle ~ CJ:î D partment Heaa Signature inance Director Page 1 of_ Street & Sidewalk Capital Projects Permanent Street Maintenance Projects 315-6003-603.43-45 PROJECT DESCRIPTION & JUSTIFICATION This is an annual program where funds are dedicated to enhance the City's efforts for the major repair and preventive maintenance of City streets. The scope of the project provides for crack sealing 40 streets, providing slurry seal for 32 streets and 2" overlay for 17 streets. In addition to these 2 maintenance methods, City Staff will be searching for new preventative procedures to consider for the future. This preventive maintenance delays more costly street reconstruction and extends the life of the current street system. This project provides staff with the funding to apply the appropriate maintenance to the streets selected for the program. Depending on the current condition of the street and the type of preventive measures taken, the street life can be doubled or tripled for a minimum cost. Note: The $600,000 shown as "reserves" in 2003-04 will be funded from unspecified streets project savings. Additionally, the $10,855 in "reserves" represent personnel cost related to the project and will be funded from unspecified project savings. PROJECT STATUS Original Start Date 1 0/2003 2003/2004 Revision nla Original End Date 09/2004 2003/2004 Revision nla Construction REVISION EXPLANATION The CIP Committee recommended that Nancy Lane be added to the program. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Permanent Street Maintenance Fund $4,272,447 $0 $0 $0 $4,272,447 Unspecified Street Project Savings 0 610,855 610,855 0 610,855 Proposed Funding Revision: Permanent Street Maintenance Fund 0 0 0 0 0 Total $4,272,447 $610,855 $610,855 $0 $4,883,302 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 0 0 0 Construction 3,574,421 700,000 819,000 479,026 4,872,447 Other 0 10,855 10,855 0 10,855 Total $3,574,421 $710,855 $829,855 $479,026 $4,883,302 IMPACT ON OPERATING BUDGET Nominal maintenance cost!; for the first 10 to 15 years upon completion of the project. Annual Operating Impact Pro'ected 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 0 - 0 (0 0> 0 0 It) (0 ..... 0 0 N C') V V It) N N N 0 (0 0 CO 0 0 I'-- N V V 0 CO V (0 N V It) It) It) ..... C') ..... CO C') N.. ~ It) ..... 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(11 "t: 0) > o CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT 2004 SLURRY SEAL STREET LISTING 1 ORREST OAK DRIVE 150 x 27 450 450 $743.00 $743.00 $743.00 Timberidge Drive/Dead-End 2 MAPLELEAF DRIVE 1 ,100 x 27 3,300 3,750 $5,445.00 $5,445.00 $6,188.00 John Autry Road/Parkway Avenue 3 PARKWAY DRIVE 800 x 27 2,400 6,150 $3,960.00 $3,960.00 $10,148.00 Oakridge Terrace/Red Oak Drive 4 EVERGREEN AVENUE 500 x 27 1,500 7,650 $2,475.00 $2,475.00 $12,623.00 Oakridoe Terrace/Smithfield Road 5 OAK RIDGE DRIVE 1,300 x 27 3,900 11 ,550 $6,435.00 $6,435.00 $19,058.00 John Autrv Road/Starnes Road 6 CEDAR PARK AVENUE 550 x 27 1,650 13,200 $2,723.00 $2,723.00 $21,781.00 Oak Ridge Drive/Smithfield Road 7 ROLLING HILLS DRIVE 900 x 27 2,700 15,900 $4,455.00 $4,455.00 $26,236.00 South Crest Drive/Nob Hill Drive 8 NORTH OAKS DRIVE 300 x 27 900 16,800 $1,485.00 $1,485.00 $27,721.00 Dead-End/Rolling Hills Drive 9 SOUTH CREST DRIVE 600 x 27 1,800 18,600 $2,970.00 $2,970.00 $30,691.00 Crane Road/Rolling Hills Drive 10 KIRK LANE 1,300 x 27 3,900 22,500 $6,435.00 $6,435.00 $37,126.00 Kirk Road/Northfield Drive 11 WESLEY COURT 350 x 27 1,050 23,550 $1,733.00 $1,733.00 $38,85900 Holiday Lane/Cul-de-Sac 12 MOODY COURT 350 x 27 1,050 24,600 $1,733.00 $1,733.00 $40,592.00 Holiday Lane/Cul-de-Sac 13 NONEMAN STREET 700 x 27 2,100 26,700 $3,465.00 $3,465.00 $44,057.00 Briardale Drive/Post Oak Drive 14 NORTH FORTY ROAD 450 x 27 1,350 28,050 $2,228.00 $2,228.00 $46,28500 Mabell Street/Dead-End 15 ASHCRAFT DRIVE 1,500 x 27 4,500 32,550 $7,425.00 $7,425.00 $53,71000 Bradlev Drive/Eden Road - :>X LANE $3,465.00 $3,465.00 $57,175.00 1, 700 x 27 2,100 34,650 Cross DrivelTurner Drive 17 SUNCREST DRIVE 1,200 x 27 3,600 38,250 $5,940.00 $5,940.00 $63,115.00 Haltom City Limits/Cul-de-Sac 18 HEIDELBURG COURT 650 x 27 1,950 40,200 $3,218.00 $3,218.00 $66,333.00 Diamond Loch North/Cul-de-Sac 19 CIRCLEVIEW DRIVE 1 ,500 x 27 4,500 44,700 $7,425.00 $7,425.00 $73,758.00 Lariat Trail/Shadv Lake Drive 20 MARY FRANCES LANE 800 x 27 2,400 47,100 $3,96000 $3,960.00 $77,718.00 Booth Callowav Road/Lvnn Terrace 21 ROGAN DRIVE 1,600 x 27 4,800 51,900 $7,920.00 $7,920.00 $85,638.00 Northeast Loop 820/Booth Calloway Road 22 ODELL STREET 1,000 x 37 4,111 56,011 $6,783.00 $6,783.00 $92,421.00 Crvstal Drive/East of Davis Boulevard 23 ODELL STREET 610 x 27 1,830 57,841 $3,000.00 $3,000.00 $95,421.00 Davis Boulevard/Smithfield Road 24 HEWITT STREET 1 ,400 x 27 4,200 62,041 $6,930.00 $6,930.00 $102,351.00 Briardale Drive/6721 Hewitt Street 25 SUNNYBROOKE DRIVE 700 x 27 2,100 64,141 $3,465.00 $3,465.00 $105,816.00 Cardinal Lane/Cul-de-Sac 26 KEN MICHAEL COURT 1,450 x 27 4,350 68,491 $7,178.00 $7,178.00 $112,994.00 Deville Drive/Dead-End 27 WEXFORD COURT 950 x 27 2,850 71,341 $4,703.00 $4,703.00 $117,697.00 Londonderrv Drive/Cul-de-Sac 28 TIPPERARY COURT 950 x 27 2,850 74,191 $4,703.00 $4,703.00 $122,400.00 Londonderrv Drive/Cul-de-Sac 29 NORTH HILLS DRIVE 3,335 x 27 10,005 84,196 $16,508.00 $16,508.00 $138,908.00 Wendell DrivelTourist Drive 30 CIRCULAR DRIVE 1,350 x 27 4,050 88,246 $6.683.00 $6,683.00 $145,591.00 Tourist DrivelTourist Drive 3' . ~SON COURT 900 x 27 2,700 90,946 $4,455.00 $4,455.00 $150,046.00 '=den Road/Cul-de-Sac ~ HILARY COURT 500 x 27 1,500 92,446 $2,475.00 $2,475.00 $152,521.00 Jason CourtlCul-de-Sac 12.97 92,446 92,446 $149,521.00 $149,521.00 $149,521.00 TOTAL Lane Miles Slurry Seal Program 2004 3/212004 CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT YEAR 2004 PAVEMENT CRACK SEAL PROGRM FOREST OAK DRIVE 150 Timberid e Drive/Dead-End 2 MAPLELEAF DRIVE 1,100 0.21 John Aut Road/Parkwa Avenue 3 PARKWAY DRIVE 800 0.15 Oakrid e Terrace/Red Oak Drive 4 EVERGREEN AVENUE 500 0.09 Oakrid e Terrace/Smithfield Road 5 OAK RIDGE DRIVE 1,300 0.25 John Aut Road/Starnes Road 6 CEDAR PARK A VENUE 550 0.10 Oak Rid e Drive/Smithfield Road 7 ROLLING HILLS DRIVE 900 0.17 South Crest Drive/Nob Hill Drive 8 NORTH OAK DRIVE 300 0.06 Dead-End/Rollin Hills Drive 9 SOUTH CREST DRIVE 600 0.11 Crane Road/Rollin Hills Drive 10 KIRK LANE 1,300 0.25 Kirk Road/Northfield Drive WESLEY COURT 350 0.07 11 Holida Lane/Cul-de-Sac MOODY COURT 350 0.07 12 Holida Lane/Cul-de-Sac NONEMAN STREET 700 0.13 13 Briardale Drive/Post Oak Drive NORTH FORTY ROAD 450 0.09 14 Mabell Street/Dead End ASHCRAFT DRIVE 1,500 0.28 15 Bradle Drive/Eden Road COX LANE 700 0.13 16 Cross DrivefTurner Drive SUNCREST DRIVE 1,200 0.23 17 Haltom Ci Limits/Cul-de-Sac HEIDELBURG COURT 650 0.12 18 Diamond Loch North/Cul-de-Sac STONEYBROOKE DRIVE 2,000 0.38 19 Rumfield Road/Hightower Drive CIRCLEVIEW DRIVE 1,500 0.28 20 Lariat Trail/Shad Lake Drive MARY FRANCES LANE 800 0.15 21 Booth Callowa Road/L nn Terrace ROGAN DRIVE 1,600 0.30 22 Northeast Loo 820/Booth Callowa Road BUCKINGHAM TRAIL 1,300 0.25 23 Mid-Cities Boulevard/Dead-End TABOR STREET 800 0.15 24 Diamond Loch North/Lariat Trail DIAMOND LOCH NORTH 2,200 0.42 25 Brile Drive/Glenview Drive BRILEY DRIVE 850 0.16 26 Diamond Loch North/Lariat Trail BRILEY DRIVE 2,020 0.38 27 Rufe Snow DriveNance Road Crack Seal Program 2004 1of2 CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT YEAR 2004 PAVEMENT CRACK SEAL PROGRM 28 REDONDO STREET 2,050 0.39 Brile Drive/Maril n Lane 29 GLENDALE DRIVE 1,300 0.25 Sunrise Drive/Sunset Road 30 OWEN DRIVE 550 0.10 Smithfield Road/Price Drive 31 JOHNSON AVENUE 300 0.06 Price Drive/Abbott Avenue 32 BOGART DRIVE 650 0.12 Colle e Circle/Price Drive 33 MEADOW CREST DRIVE 1,600 0.30 Rufe Snow Drive/Meadow Oak Drive 34 ROLLING HILLS DRIVE 900 0.17 South Crest Drive/Nob Hill Drive 35 WOODST AIR DRIVE 600 0.11 Whitne Court/Chilton Drive 36 SPANISH OAKS DRIVE 1,000 0.19 Meanderin Drive/Amundson Drive 37 WESTERN OAKS DRIVE 750 0.14 Burse Road/Hicko Hollow Lane 38 PARKWOOD DRIVE 900 0.17 Crosstimbers Lane/Meadowview Terrace 39 RIDGEWOOD DRIVE 2,000 0.38 Rufe Snow Drive/Meadowview Terrace 40 SABLE DRIVE 250 0.05 Brandi Place/Sable Lane TOTAL 7.4 Crack Seal Program 2004 2of2 ¡ CITY OF NORTHRICHLAND HILLS ~ Department: Parks and Recreation Council Meeting Date: 03/11/2004 Subject . Recommendation of the Park and Recreation Advisorv Agenda Number: PU 2004-011 Board regarding Change Order #1 to the Construction Contract with Dean Construction for Liberty Park and . Tommy and Sue Brown Park in the amount of $151,132 and Amend the FY 03/04 CIP Budget (Council Continued Item at Their 2/9/04 Meeting) City Council considered this item at their February 9, 2004 meeting, but continued so staff could get more information regarding the grant funøs and acquisition of land at Little Bear Creek. At their January26,2004 meeting, City Coúncil awarded the construction contract for Liberty Park and Tommy and Sue Brown Park to Dean Construction. The competitive sealed proposaJsincluded;alternates for pricing and consideration, and Council requested that the Park and Recreation Board review the alternates and consider ma,king recommendation as to which alternates, if any, the Board wishes to pursue. The alternates are as follows: Libertv Park Alternate 1 Pre-fabricated Bridge Alternate 2 Flag Poles Alternate 3 Stone Veneer on Culvert Wall Alternate 4 Stone Masonry Arbor Column Bases Alternate 5 Additional Small Playground Equipment Piece Tommv & Sue Brown Park Alternate 1 Pre-fabricatedBridge Alternate 2 Ädditi.onal Concrete Sidewalks Alternate 3 Additional Planting around Public Art .. Alternate 4 Additional Small Playground Equipment Piece $37,000 $24,600 $10,500 $11,300 $20,200 $36,000 $16,000 $3,000 $22.000 $180,600 Completed project savings in the amount of $151,132 was identified to fund any of the desired alternates. Additionally, continued disoussions with the consultant and contractor have resulted in savings of $29,468 through value engineering which, when combined with the project savings from completed projects, could allow for the inclusion of any or all the alternates. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 125-8510-604.79-03 Sufficient Funds Available PK0204 & PK0207 BUdget Director Finance Director Page 1 of 4 CITY OF NORTH RICHLAND HILLS Considerations discussed by the Park and Recreation Board for potential inclusion of each alternate included the following: . · Citizen input during the design phase. · The importancß of the alternate in the overall functionality and appearance of the park. · The priorities identified in the 2000 Parks, Recreation and Open Space Master Plan. · The recommendations identified in the City Image Study. After thorough discussion of the benefits and evaluation of the costs for the various alternates, the Park and Recreation Board offered the following recommendation: 1. Accept the value engineered savings as a deduct change order in the amount of $29,468. The savings is recognized by providing seed impregnated Curlex erosion fabric in lieu of.bermuda sod on slopes, correction in the contractors bid to provide the required 8" thick culvert walls (as specified) instead of 10" thick walls, use of an alternate pre-fabricated bridge structure in lieu of the specified bridge manufacturer, on-site fat>Hcåtion of the arbor in lieu of a pre-fabricated structure, and revision of the irrigation system design to eliminate the need fora pump. 2. Make use of the $151,132 in completed project savings and employ the value engineered savings of $29,468 to address the alternates. The Board elected to recommend the selection of all of the ~Iternates on the following basis: Liberty Park Alternate 1 Pre-fabricated Bridge Extremely important to the function and accessibility to all areas of a smaller park site, taking advantage of as much park acreage and open space as possible. Alternate 2 Flag Poles While not critical in terms of the priorities established in the 2000 Parks, Recreation and Open Space Master Plan, this park site has essentially been designed to express our community's patriotism, and this alternate promotes community pride. 1 Alternate 3 Stone Veneer on Culvert Wall This alternate provides an aesthetically pleasing approach to an otherwise unsightly drainage structure. The long term benefits of the improved visual appearance enhancing the park users experience outweigh the short term cost. This alternate works well in concert with alternate 4. Since the Park Board provided a recommendation to the City Council to approve the recommendations of the City Image Study, the Board is compelled to ensure compliance where feasible. CITY COUNCIL ACTION ITEM Page 2 of 4 CITY OF NORTH RICHLAND HILLS Alternate 4 Stone Masonry ArborCol~mn Bases This alternate works in concert with alternate 3 and complies with recommendations of the City Image Study, improving 'the visual appearance of the park. Alternate 5 Additional Small Playground Equipment Piece Provides additional high priority amenity established as a priority in the 2000 Parks, Recreation and Open Space Master Plan. This alternate addresses recent citizen requests and observed use trends by providing an additional play piece, separate from the main play structure, . for a more enjoyable and safer play . experience ·for younger age groups. Tommy & Sue Brown Park Alternate 1 Pre"fabricated Bridge The inclusion of the bridge was in response to citizen requests received during preparation of the design. This bridge provides direct access to the park from the subdivisions of Forest Glen north and east of the park. Alternate 2 Additional Concrete Sidewalks This alternates not only provides an accessible route to the practice backstop, it provides· for the future trai/linkage tó the Little Bear Creek Trai/. Alternate 3 Additional Planting around Public Art While not critical in terms of providing park amenities, this alternate enhances the area immediately sUffounding the public art piece, softening the hardscape, and showcasing the public art. Alternate 4 Additional Small Playground Equipment Piece Provides additional high priority amenity established as a priority in the 2000 Parks, Recreation and Open Space Master Plan. This alternate addresses recent citizen requests and observed use trends by providing an additional play piece, separa.te from the main play structure, for a more· enjoyable and safer pley experience for younger age groups. Since several of the altemates included items requiring longer lead times to manufacture (bridges and playground equipment), the Park and Recreation Board requested that their recommendation be forwarded to the Council for consideration as· a change order to the construction contract so as to execute the alternates in a timely manner to avoid potential delays in the project timeline. CITY COUNCIL ACTION ITEM Page 3 of 4 ' CITY OF NORTH RICHLAND HILLS The proposed change order amount of $151,132 includes the deduct amount of $29,468 for "-- the value engineered savings, and $180,600 for the alternates. 'I The current amount of the construction contract is $895,500. 'Upon approval of this change order in the amount of $151, 132 the revised contract amount will be $1,046,632, which represents approximately 16.9% of the total contract amount. Recommendation: To approve Change Order No. 1in the amount of $151 ,132 to the construction contract with Dean Construction and appropriately amend the CIP Budget. CITY COUNCIL ACTION ITEM Page 4 of 4 Parks & Recreation Capital Projects Liberty Park, Phase I and /I PK0207 PROJECT DESCRIPTION & JUSTIFICATION This project provides for critical neighborhood park services in the central area of the City on 2.44 acres located at the northwest corner of Industrial and Holiday. Park amenities include a playground, picnic pavilion, concrete multi-use trail, signage, landscaping, creation of a lake, trail head parking, public art and irrigation. This park is part of the Neighborhood Park Initiative Project involving design and construction of seven new neighborhood parks throughout the City. The Calloway Trail will travel from the north to the south on the west side of the park site. The City Council awarded the professional services contract to design the park on April 22, 2002. The City Council, in January, 2000, adopted the 2000 Parks, Recreation and Open Space Master Plan which documents the citizen-surveyed top need as neighborhood park facilities. The highest ranked needs identified were playgrounds, picnic shelters, and multi-use trails, all of which are the primary amenities of this neighborhood park. This park site, which was purchased in 2001 ,is located in the central area of the City in Neighborhood Park Service Zone 16. This area of the City is completely built out and this project will provide first-time park amenities to this area. The City Council awarded the professional services contract for the design of the park and preparation of the construction documents to Newman, Jackson, Beiberstein, Inc. on April 22, 2002. The City Council on February 5,.2003, concurred with allocating additional funding in the FY2003/2004 Budget to complete the amenities as shown on the Master Development Plan, which include the creation of a lake, the extension of culverts and the construction of trail-head parking atop the culvert extensions. PROJECT STATUS Original Start Date 2003/2004 Revision Original End Date 2003/2004 Revision Professional Services Engineering/Design Construction 11/2001 05/2002 07/2003 05/2002 OS/2003 02/2005 REVISION EXPLANATION FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Parks Sales Tax $440,400 $316,100 $316,100 $0 $756,500 Proposed Funding Revision: Parks Sales Tax 0 0 85,477 0 85,477 (Unspecified Project Savings) Total $440,400 $316,100 $401,577 $0 $841,977 Project Expenditures Engineering $131,400 $0 $0 $0 $131,400 Land/Right-of-Way 0 0 0 0 0 Construction 129,360 495,740 581,217 0 710,577 Other 0 0 0 0 0 fatal $260,760 $495,740 $581,217 $0 $841,977 IMPACT ON OPERATING BUDGET The Park Maintenance Standards Man-Hours Workbook is integral to the practices and methods of park maintenance management. Based on site specific data, work productivity records, and comparison with NRPA standards, man-hour requirements yield: 450 man hours - $6,750, Equipment - $264, Materials - $500, Annual Estimate -$8,514 AnnuaLOperating..·.lmpact Pro' ected Parks & Recreation Capital Projects Tommy and Sue Brown Park PK0204 PROJECT DESCRIPTION & JUSTIFICATION This project provides for design and construction of a neighborhood park on purchased and dedicated properties. This 7.0 acre park site is located within the Forest Glen East subdivision, between North Tarrant Parkway and Cherokee Trail, west of Davis Boulevard. The Little Bear Creek Corridor is adjacent to the east side of the park site. Park amenities include a picnic pavilion, playground, public art, concrete multi-use trail, landscaping, turf establishment, irrigation and signage. This project is part of the Neighborhood Park Initiative Project involving completion of seven new neighborhood parks throughout the City. The City Council awarded the professional services contract to design the park on April 22, 2002. A future trail connection from this park site to the Little Bear Creek Multi-use Trial, currently in design, will provide access to the City-Wide network of trails. The City Council, in January, 2000, adopted the 2000 Parks, Recreation and Open Space Master Plan which documents the citizen-surveyed top need as neighborhood park facilities. The highest ranked needs identified were playgrounds, picnic shelters, and multi-use trails, all of which are the primary amenities of this neighborhood park. This park site is located in the northern area of the City in Neighborhood Park Service Zone 4, within the Forest Glen East subdivision currently being developed. This project will provide first-time park amenities to this area. The City Council awarded the professional services contract for the design of the park and preparation of the construction documents to Newman, Jackson, Beiberstein, Inc. on April 22,2002. A Texas Parks and Wildlife Department Grant Application, in the amount of $363,000 was awarded in January 2002. The park site is comprised of approximately 7 acres of land purchased in 2002, and approximately 15.5 acres of land within the Little Bear Creek Corridor being donated by the developer. The value of the donated land is providing for the City's matching share of the total grant. PROJECT STATUS Original Start Date 2003/2004 Revision Original End Date 2003/2004 Revision Professional Services Engineering/Design Construction 11/2001 05/2002 07/2003 05/2002 OS/2003 02/2004 REVISION EXPLANATION FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Parks Sales Tax $50,000 $0 $0 $0 $50,000 TPWD Grant 0 0 0 363,000 363,000 Proposed Funding Revision: Parks Sales Tax 0 0 65,655 0 65,655 (Unspecified Project Savings) Total $50,000 $0 $65,655 $363,000 $478,655 Project Expenditures Engineering $33,961 $3,000 $3,000 $0 $36,961 Land/Right-of-Way 0 0 0 0 0 Construction 107,440 268,599 334,254 0 441,694 )ther 0 0 0 0 0 Total $141,401 $271,599 $337,254 $0 $478,655 IMPACT ON OPERATING BUDGET The Park Maint¡3nance Standards Man·Hours Workbook is>.i nteg raLtQthepracticesandmèthodsofparkmai ntenance management. Based on . sites pecific data, work prod uctivity records, .... andcompa rison withN RPA sta ndards, . man-ho ur requirements yield :1500 man hours-.$25;500 ,Equipment c$900, Materials~.$3,750,AnnuaIEstimate - $30,1.50 An nuarOperatinglmpact Pro'ected Agenda Item 17 - Action on any Item Discussed in Executive Session Listed on Pre- Council Agenda 4a) Consultation with Attorney to Consider Possible Litigation as Authorized by Section 551.071 - Charter Communications Action resulting from Executive Session Item 4a - Approval of Resolution No. 2004-019 Agenda Item 17 - Action on any Item Discussed in Executive Session Listed on Pre- Council Agenda 4a) Consultation with Attorney to Consider Possible Litigation as Authorized by Section 551.071 - Charter Communications Action resulting from Executive Session Item 4a - Approval of Resolution No. 2004-019 A Resolution NO. 2004-019 AUTHORIZING PARTICIPATION OF THE CITY OF NORTH RICHLAND HILLS IN THE COALITION OF CITIES THAT PROPOSE TO INITIATE A FORMAL HEARING PROCESS AGAINST CHARTER COMMUNICATIONS, INC. TO ASSESS LIQUIDATED DAMAGES AND SUCH OTHER CAUSES OF ACTIONS AS THE "STEERING COMMITTEE OF THE CITIES PARTICIPATING IN THE CHARTER COMMUNICATIONS LIQUIDATED DAMAGES LITIGATION" MAY DETERMINE; SEEKING LIQUIDATED DAMAGES FROM CHARTER COMMUNICATIONS; AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR ATTORNEY AND EXPERT WITNESS FEES AND OTHER COSTS ASSOCIATED WITH SUCH PROCEEDINGS WHEREAS, a coalition of affected cities has proposed to initiate a formal hearing process to assess liquidated damages for non-compliance with the customer service standards in the City's agreement with Charter Communications; and WHEREAS, major issues in the assessment of those liquidated damages are common to the city of North Richland Hills and other municipalities in the Charter Communications service area; and WHEREAS, a consolidated action by municipalities in the Charter Communications service area that seeks liquidated damages will reduce duplication of effort and the attendant legal, expert and court costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLANDHILLS THAT: 1. The City hereby agrees to participate with other similarly situated Texas municipalities and join the City of Fort Worth in pursuing the formal hearing process or other cause of action against Charter Communications and other entities associated with Charter Communications to collect liquidated damages for non-compliance with the customer service standards. 2. The City hereby agrees to pay: (i) $7,771 on or before March 15, 2004 to the Treasurer of the Steering Committee of the Cities Participating in the Charter Commu nications Liquidated Damages Litigation as an initial contribution toward the underwriting of the initial legal and expert witness fees and other costs associated with the formal hearing process or subsequent related causes of action; and (ii) such additional sums as the City Council may deem necessary, in the City Council's sole discretion, up to an aggregate amount not to exceed $11,657. 3. The Assistant to the City Manager, Paulette Hartman, shall be the City's primary contact and liaison in this matter and shall be eligible to serve on the Steering Committee of the Cities Participating in the Charter Communications Liquidated Damages Litigation if elected by other part i c i pat i n g m u n i c i p a Ii tie s. 4. Notices to the City should be addressed as follows: City of North Richland Hills, Attn: Paulette Hartman, 7301 NE Loop 820, North Richland Hills, TX 76180, with a copy to Larry J. Cunningham at the s'ame address. ADOPTED this 11th day of March, 2004. By: APPROVED AS TO FORM AND LEGALITY: BY:~ George Staples, City Attorney APPROVED AS TO CONTENT: BY:&~ Paulette Hartman, Assistant to the City Manager Announcements and Information March 11, 2004 Announcements Join us for the Senior Springfest and Health Expo at the Dan Echols Senior Center. There will be educational seminars, a fashion show and entertainment. Local organizations and health agencies will be present with free health screenings and information. The Expo will be on Saturday, March 20, from 9:00 a.m.-3:00 p.m. The Dan Echols Senior Center is located at 6801 Glenview. Register now for Spring Day Camp at the Recreation Center. The camp will be from April 5-9. Youth will have a great place to have fun while on vacation from school. Call the Recreation Center for more details. The Lotta Night Music Concert Series will begin its fourth year in April. This annual event is a fun way for the family to enjoy good music, spend time outdoors, and do it all for free! The first concert will be The Duffin Family, which will play bluegrass and gospel. The concert begins at 7pm at Green Valley Park. Call the Recreation Center for more information. Information March 13 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. Sgt. Neal Maranto, Police Department - An email was received from a NRH resident expressing appreciation to Maranto for his assistance when the resident experienced a flat tire returning home late one evening. His presence was a blessing and his professionalism and conduct was of the highest caliber.