HomeMy WebLinkAboutCC 2004-02-23 Agendas
CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
FEBRUARY 23, 2004 - 5:30 P.M.
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular February 23, 2004 City Council
MeetinQ (5 Minutes)
2. I R 2004-020 Discuss 2004 Bond Sale (5 Minutes)
Police Department Racial Profiling Annual Report (10
3. I R 2004-021 Minutes)
Discuss Upcoming Special Session of the Texas Legislature
4. I R 2004-022 (10 Minutes)
*Executive Session - The Council may Enter into Closed
5. Executive Session to Discuss the Following:
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. Adjournment
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
FEBRUARY 23, 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 -
David Ritsema, Associate Pastor - Oak
Knoll Baptist Church
3. Pledge -
4. Special Presentations -
Haley Whatley - Fourth Annual Bunny
Drive for Cook's Fort Worth Children's
Medical Center
Proclamation - EnQineers Week
5. Citizens Presentation
6. Removal of Item(s) from the Consent Agenda
02/23/04
City Council Agenda
Page 2 of 4
7. Consent a. Minutes of the February 05, 2004 Council
Agenda Work Session
b. Minutes of the February 09,2004 Council
Meeting
GN 2004-012 c. 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
GN 2004-013 d. 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
GN 2004-014 e. Approve Ordinance Adopting Revisions to
the Civil Service Rules - Ordinance No.
2773
GN 2004-015 f. Approve the Waiving of Street Escrow
Fees along North Tarrant Parkway for
Brandonwood Estates, Phase III Lots 1-
10, Block 11 in Return for Dedication of
Park Land
PU 2004-012 g. Award of Contract to Blank Slate in the
Amount of $35,000 for Creative
Advertising for NRH20 Family Water Park
- Resolution No. 2004-015
PU 2004-014 h. Award Bid for Sewer Cleaning Truck to
Fort Worth Freightliner in the Amount of
$198,000
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)
02/23/04
City Council Agenda
Page 3 of 4
.--.-.- --'~-'-~"~-"--"--^'-"'-'.þ~--,+=-_.,,-,_.._~--~~~.~--~-~
9. PZ 2003-21 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)
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)
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
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
13. Action on Any Item Discussed in Executive
Session listed on Pre-Council Agenda
14. Information and Reports
15. Adjournment
J. POSTED
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City S~~_
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By
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
~ Date:
T Subject:
No. I R 2004-020
February 23, 2004
2004 Bond Sale
In the adopted 2003-2004 Capital Projects Budget or subsequent budget amendments, City
Council approved several projects which require debt financing. A 1994 bond election general
obligation (G.O.) project totaling $240,000 for Rufe Snow Drive - Karen Drive to Loop 820 was
approved along with numerous 2003 bond election projects totaling $4,935,000 (see attached
list). 2004 certificates of obligation (C.O.'s) for Booth Calloway Ground Storage Tank Repainting
in the amount of $560,000 and the Golf Course Pavilion in the amount of $125,000 were also
approved.
The G.O. bonds totaling $4,935,000 are all voter approved and follow the bond election plans of
1994 and 2003. Total funding of $685,000 for C.O. projects was approved in the fiscal year
2004 Capital Projects Budget. The recommended issuance totals $5,620,000. Debt service
payments for the C.O.'s will be made from the Utility Fund and Golf Course Fund, respectively.
The 2003-2004 adopted budget and 2003 Bond Election Plan included the sale of $650,000
G.O.'s for the Animal Adoption and Rescue Center Expansion. The total amount of the project
as shown in the 2003-2004 CIP Budget is $2,550,000. Funding is budgeted in the amount of
$1,300,000 from G.O. bonds, $536,000 from the water bill donations fund and $714,000 from
fund raising efforts. Management recommends that the $650,000 G.O. sale be delayed until
2005 so that sufficient funds may be solicited to sufficiently fund the project.
A Council resolution authorizing the intent to sell C.O.'s is required prior to issuance of the
certificates. Such a resolution will be recommended for approval at the March 22, 2004 City
Council meeting.
A calendar for the bond sale includes the following items:
March 22
April 5, 6
April 26
June 1
Council resolution authorizing intent to sell certificates of obligation
Rating Agency and Bond Insurer reviews
Receive competitive bids and present recommendations for Council
approval
Delivery of funds to the City of North Richland Hills
The attached listing details the projects for the proposed sale. We look forward to reviewing
these with Council on February 23.
Respectfully submitted,
2ttVvõ ~
Larry Koonce \~
Director of Finance
I
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
SUMMARY 2004 DEBT ISSUES
Summary 2004 General Obligation Bonds
Street Improvement Projects
Map Project
# 1994 Bond Election - Streets:
1 Rufe Snow Drive (Karen Drive to Loop 820) $ 240,000
Subtotal 1994 Election G.O. Street Projects 240,000
2003 Bond Election - Streets:
2 Bursey Road Improvement and Extension $ 135,000
3 Smithfield Road Improvement and Extension 105,000
4 Rufe Snow Drive/Bursey Road Signalization 100,000
5 Rufe Snow Drive (Streetscaping) 600,000
6 Davis Blvd.lMid-Cities Blvd. Intersection 280,000
7 Rufe Snow Drive (Mid-Cities to Hightower) 140,000
8 Glenview Drive (Flory to Honey Lane) 1,100,000
9 Lola Drive (Scott Drive to Davis Blvd.) 610,000
10 Flory Lane (Manor Drive to Glenview Drive) 320,000
11 Galway Lane (Emerald Hills Way to Park Entrance) 105,000
Subtotal 2003 Election G.O. Street Projects 3,495,000
Total G.O. Street Projects $ 3,735,000
Drainage Improvement Projects
12 Holiday West Channel (2003 Bond Election) $ 1 ,200,000
Total G.O. Bond Sale $ 4,935,000
Summary 2004 Certificates of Obligation
13
14
Booth Calloway Storage Tank Repainting
Golf Course Pavilion
$
560,000
125,000
Total C.O. Sale
$ 685,000
TOTAL G.O. AND C.O. SALE
$ 5,620,000
City of North Richland Hills
Map
Proiect #
1
2004 Rating Presentation
PROJECT DESCRIPTIONS
STREET IMPROVEMENT PROJECTS
1994 BOND ELECTION
RUFE SNOW DRIVE
Karen Drive to Loop 820
$240,000
This project will reconstruct approximately 900 feet of an asphalt roadway from Karen
Drive north to just north of Corona Drive (approximate ending intersection of the TxDOT
Bridge project). The new section of Rufe Snow Drive will be widened to 6 lanes along
with right turn lanes and improved signalization. The intersection at Meadowlakes Drive
will be improved as part of this project. This section of Rufe Snow Drive was originally
constructed in the 1960's as an asphalt street and has been deteriorating rapidly. This
street is approximately 40 years old and has never been overlaid. The average life of
an asphalt street is 20 years. The current street condition rating is 45, which is
considered poor. Once completed, the project will provide a safer roadway and reduce
maintenance costs. Construction for this project is scheduled to begin after TxDOT has
completed the Rufe Snow Drive Bridge at I.H. 820. The total project cost of $785,950 is
funded through issuance of G.O. Bonds approved in the 1994 Bond Election. To date,
$545,950 in G.O. Bonds have been issued to cover professional services, right-of-way,
design costs, and construction. The $240,000 G.O. Bond sale was approved by
citizens in the 1994 Bond Election and will pay for construction.
City of North Richland Hills
Map
Prolect #
2
2004 Rating Presentation
STREET IMPROVEMENT PROJECTS (MISCELLANEOUS)
2003 BOND ELECTION
BURSEY ROAD IMPROVEMENT AND EXTENSION
East and West of Smithfield Road
$135,000
This project is a collaboration with the developer of the proposed Forest Glenn West
residential development. Project plans include improvements to Bursey Road west of
Smithfield Road as well as an extension of Smithfield where no road currently exists.
The project calls for the widening of Bursey Road west of Smithfield Road to 48 feet and
the addition of curbs and gutters. Bursey Road will be extended east of Smithfield Road
to connect with an intermittent section of Bursey Road and will include curbs and
gutters. The existing width of the street is adequate for the current traffic load.
However, when the "missing" section of Bursey Road is constructed and Forest Glenn
West development is completed, traffic is expected to increase substantially. The City
has agreed to pay the cost of a 12-foot wide strip in the center of this portion of Bursey
Road. The developer and Birdville Independent School District have agreed to share in
the cost of the remaining sections of the roadway. The City's contribution for this
project is funded by issuing a portion of the $2 million approved for "unspecified street
improvements" in the 2003 Bond Election. The City's portion of project construction
costs and right-of-way acquisition is budgeted at $135,000.
City of North Richland Hills
2004 Rating Presentation
STREET IMPROVEMENT PROJECTS (MISCELLANEOUS)
2003 BOND ELECTION
3
SMITHFIELD ROAD IMPROVEMENT
South of Bursey Road
$105,000
This project is a collaboration with the developer of the proposed Forest Glenn West
residential development. Project plans include widening approximately 600 feet of an
existing two-lane asphalt section of Smithfield Road from the intersection with Bursey
Road south to the improved section of Smithfield Road near Green Valley Elementary
School. This section of Smithfield Road will be reconstructed as a 48-foot wide
concrete road with sidewalks, curbs and gutters. Traffic currently flows adequately on
the existing roadway, but is expected to increase substantially with the completion of the
Forest Glenn West development. Additionally, no permanent sidewalks currently exist
to accommodate school children traveling to and from Green Valley Elementary. The
City has agreed to pay the cost of a 30-foot wide strip of the roadway and the developer
will be responsible for constructing the remaining 18 feet of road width as well as curbs
and gutters. The City's contribution for this project is funded by issuing a portion of the
$2 million approved for "unspecified street improvements" in the 2003 Bond Election.
The City's portion of project construction and right-of-way acquisition is budgeted at
$105,000. Future G.O. Bond issues are anticipated to fund an extension of Smithfield
Road north of Bursey Road. This project was approved by Council in January 2004.
Funds were approved for issuance in 2007 to reimburse the developer on this project
who will complete the construction in the near future.
City of North Richland Hills
2004 Rating Presentation
S
LANEOUS)
Map
Proiect #
4
RUFE SNOW DRIVE/BURSEY ROAD SIGNALIZATION
$100,000
City of North Richland Hills
Map
Prolect #
5
2004 Rating Presentation
STREET IMPROVEMENT PROJECTS (MISCELLANEOUS)
2003 BOND ELECTION
RUFE SNOW DRIVE
Streetscaping - Loop 820 to Mid-Cities Boulevard
$600,000
This project will consist of adding landscaping and streetscaping to Rufe Snow Drive
beginning at Loop 820 and ending at Mid-Cities Boulevard. Included will be decorative
street lights and traffic signals, median pavers, street furnishings, etc. The Rufe Snow
Widening Project was initially budgeted prior to the development of the City Image
Study. Therefore, the current design for this section of Rufe Snow Drive doesn't include
any landscaping or streetscaping. This project will provide funding to add some of the
City's image study features such as decorative street lighting to this section of Rufe
Snow Drive. Due to traffic volume on Rufe Snow Drive, public re-investment is needed
to continue to encourage private investment.
City of North Richland Hills
2004 Rating Presentation
ST
IMPROV
LANEOUS)
Map
Prolect #
6
DAVIS BLVD/MID-CITIES BLVD INTERSECTION
$280,000
This project will
Cities Boulev
turn lanes as
very
throu
vehicles traveli estbound
expected at this intersection in the
intersection is located on a major
total cost for this pro'ect is estimated to be
in grant funds for project through the TEA-2
City will re' e grant funds and therefore t
$500,000. in G.O. Bonds are being i
design costs remaining $220,000 of the 20
in 2005.
Davis Boulevard and Mid-
itional right and left-
This intersection is
hicles traveled
bound and 22,000
icant development is
congestion. This
County. The
plied for $1,000,000
It appears that the
of this project will be
cover engineering and
ection G.O.'s to be issued
City of North Richland Hills
2004 Rating Presentation
STREET IMP
IAL)
Map
Proiect #
7
$140,000
to Hightower Drive
5-lane thoroughfare to
as a concrete street
tions.
ower Drive
lanes are needed for
35,000 vehicles
n of the bridge
by 50%. The
"fair", consisting of
and requires spot
of Governments
for this project.
,000 is the City's
G.O. Bonds have
'ng issued in 2004
($1,000,000) and in
City of North Richland Hills
2004 Rating Presentation
STREET IMPRO
2003
S
L)
Map
Proiect #
8
GLENVIEW DRIVE
Flory Street to Honey Lane
$1,100,000
a minor arterial, 4-lane,
en at Flory Street, will
t constructed in
necessary to comply
collector street. The
temporary basis during
djacent to several new
is 20 years. This street is
e City's overlay programs.
to be "fair", consisting
holes. The remaining
is section and will be
street maintenance
00. G.O. Bonds were
G.O. Bonds are planned for
City of North Richland Hills
2004 Rating Presentation
STREET IMPROV
LLECTOR)
Map
Project #
9
LOLA DRIVE
Scott Drive to Davis Boulevard
$610,000
This section of Lola Drive is classifie
and is 42 years old.
the roadway was overlaid in 1984.
significant potholes, complete
and requires repai
Lola Drive is
2,500 ve
feet of street
comply with
$800,000 for
amount of
General Obi
of 2005 G.O.
construction.
s a minor two-lane, undivided collector street
an asphalt street,
n rating is poor, with
curbs and pavement,
This section of
s approximately
ately 2,100
ements necessary to
s citizens approved
were sold in the
The $610,000 in
being nstruction costs. The sale
Bonds in the amount of $90,000 will fund the remainder of project
City of North Richland Hills
2004 Rating Presentation
STREET IMPROVE
20
DENTIAL)
Map
Project #
10 FLORY STREET
Manor Drive to Glenview Drive
$320,000
1955 as an asphalt street and
ars. Flory Street is a
entary School. The
cracks, significant surface
oject will consist of
e pavement and provide
ards. $400,000 in
citizens in the 2003
Bonds in the amount
sts. The $320,000 in
9 costs as well as
of $40,000 will fund the
City of North Richland Hills
2004 RatinQ Presentation
DENTIAL)
Map
Proiect #
11 GALWAY LANE
Emerald Hills Way to Park Entrance
$105,000
residential street and
halt street, the
poor", with
otholes, and requiring
plete the roadway
I serve as an entrance to
consist of reconstructing
and provide drainage
A total of $200,000 in
citizens in the 2003
to cover design and
being sold in 2004 will
. A G.O. Bond sale
g construction costs of
City of North Richland Hills
2004 Rating Presentation
Map
Proiect #
12 HOLIDAY WEST
Holiday lane to
$1,200,000
early 1970's and
property. The
This project
e to Meadow
the channel
of herbicide on
e reducing future
to the appearance of
total project amount
ion is $1,500,000.
engineering and
$200,000 in design
A G.O. Bond sale is
uction.
City of North Richland Hills 2004 Rating Presentation
Project Descriptions - 2004 Certificates of Obligation Sale
UTILITY
Map
Prolect #
13 BOOTH CALLOWAY STORAGE TANK
$560,000
This project will consist of the repair and repainting of the existing 2-million-gallon
ground storage tank located at Conn Drive and Booth Calloway Road. The tank has not
been painted in approximately 20 years. Water tanks, in general, need to be painted
every 12 to 15 years. The existing paint is in such poor condition that the Public Works
Department is concerned that the Texas Commission on Environmental Quality (TCEQ)
inspectors may not approve the tank during the next inspection of the City's water
system. Total project costs are budgeted at $560,000. The planned 2005 Certificate of
Obligation sale will cover $60,000 engineering and design costs and $500,000 in repair
and repainting costs. The Certificate principal and interest will be repaid with utility fund
revenues.
GOLF COURSE
14 GOLF COURSE PAVILION
$125,000
The pavilion at Iron Horse Golf Course (Iron Horse) will be built on the current slab west
of the clubhouse. The pavilion will seat an estimated 250 people and will be a three-
season pavilion used to accommodate large events and tournaments along with large
parties and wedding receptions. Additionally, Iron Horse will be allowed to
accommodate two or more events at one time. Presently, Iron Horse is unable to
accommodate catering and food needs properly when events exceed the present 10Q-
person seating capacity. So far in fiscal 2003, Iron Horse has lost $71,710 in revenue
due to the limited clubhouse and facility size. This addition to Iron Horse will allow the
City to attract larger group events at a higher per person fee. The pavilion is to be fully
funded by the planned 2004 Certificate of Obligation issue of $125,000, and repaid from
golf course revenues.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
IR# 2004-021
~ Date:
-Y- Subject:
February 23, 2004
Police Department Racial Profiling Annual Report
The 77m Regular Session of the Texas Legislature passed Senate Bill 1 074, an Act relating to
the prevention of racial profiling by certain peace officers. This new law specifically
prohibited racial profiling by peace officers in Texas. This law also added, among other
things, requirements for the training of peace officers. In addition, this law added Section
2.132 to the Texas Code of Criminal Procedure. This statute requires police departments to
adopt a policy on racial profiling, which we have done.
The North Richland Hills Police Department provided the required training to all its members
before the statutory deadline of September 1, 2003. Most Patrol Section officers received
this training before January 1, 2002 when key portions of the statute took effect. The Police
Department continues to train new officers.
The required policy on racial profiling must include a report to the governing body of each
county or municipality served by the agency. The annual report must contain, "information
relating to traffic stops in which a citation is issued and to arrests resulting from those traffic
stops, including information relating to: a) the race or ethnicity of the individual detained; and
b) whether a search was conducted and, if so, whether the person detained consented to the
search." If the Police Department did not have video-recording equipment in all patrol cars
and audio-recording devices for motorcycle officers, the required data collection and analysis
would be much more extensive.
The Police Department hired Alex del Carmen, PH.D., of Del Carmen Consulting to analyze
data collected by the Police Department. Of particular interest are the conclusions found by
Dr. del Carmen noting that most traffic related contacts were made with Caucasian drivers,
followed by Hispanic and African American drivers. The same was true for searches and
arrests made as a result of these contacts.
Dr. del Carmen also compared the data collected to "households" with access to vehicles
from the 2000 census. This comparison indicates that the percentage of Caucasians that
came into contact with the police was greater than Caucasians that, according to the census,
had access to vehicles. The percentages of African Americans, Hispanics, and Native
Americans that came in contact with police were lower than each group's representation in
the census.
Dr. del Carmen notes "remarkable similarities" in a two-year comparison of the collected data.
He points out that the percentages of contacts by racial or ethnic group in 2003 were almost
identical to the numbers from 2002. He notes that officers come in contact with less African
Americans, Hispanics, and Asians than those that reside in the DFW Metroplex and have
access to vehicles. Dr. del Carmen concludes that this finding can substantiate the argument
that North Richland Hills Police Department does not appear to target minority motorists.
During calendar year 2003, three racial profiling complaints were received. None of these
complaints were substantiated. According to Dr. del Carmen's analyses for Calendar Years
2002 and 2003, there is no racial profiling occurring within the City of North Richland Hills.
~OCkleY
Chief of Police
-L
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
ill Tier 1 Data
Traffic-Related Contact Information (1/1/03-12/31/03)
Race/Ethnicity Contacts Searches Consensual PC Searches
* Searches
N
Caucasian 12661 82 74 85 73 74
African 1044 7 10 9 10 10
Hispanic 1405 9 15 5 16 15
Asian 321 2 .50 1 .45 .78
Native 15 .09 .10 0 .11 .09
American
Other 63 .41 6 .61 0 0 6 .67 4 .35
· INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2004-022
Date:
February 23,2004
Subject:
Discuss Upcoming Special Session of the Texas Legislature
--
It appears likely that the Texas Legislature will be called into a special session this spring,
probably in April, to address public school finance. The purpose of this report is to discuss
with Council the potential impact this special session could. have on cities as there is
evidence that the legislature's efforts to improve our public school finance system will draw
Texas cities into the discussion and could negatively affect our capacity to generate revenue.
Information from the Texas Municipal League (TML) indicates that the following issues are
being considered as part of several plans being discussed:
1. any net revenue derived by a city from broadening the sales tax would be deposited to
the credit of a "Texas education fund." The state comptroller would be required to
calculate -- for each city -- the amount of municipal sales tax that should be retained
by the state for the public school fund (part of SJR 1 whicq passed the Senate during
the 2003 regular legislative session);
2. any tax rate hike, new tax, or tax policy change resulting in additional revenue would
require voter approval;
3. property tax revenues cannot, without voter approval, increase from one year to the
next beyond the rate of inflation plus additions to the tax rolls from annexations and
certain other adjustments;
4. all multi-year obligations (bonds and other contractual obligations) would require voter
approval; and
5. measures to prevent city and county governments from raising their taxes if local
school tax rates drop.
TML has formed a task force to identify the potential impact school finance reform could have
on cities, and identify strategies to effectively oppose efforts that would negatively impact
cities. In the most recent legislative update, TML asked cities to meet with the state
legislators to discuss this issue. TML is also hosting a work shop regarding school finance
reform on March 12th in Austin, which staff will attend.
..
We wanted to make you aware of this issue and review the information that we have at this
point. We will continue to monitor this issue closely and inform the Council as it progresses.
R~pectfullY Su;ritted, _
r~ff~
Paulette Hartman
, ;sistant to the City Manager
'--
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
~ecial Presentations
Presenter:
Reason:
Proclamation:
Presenter:
Reason:
Haley Whatley
She is a nine year old who annually gives stuffed toy
bunnies to children in Cook's Fort Worth Children's Medical
Center. She is holding her fourth "bunny drive" and asked to
be on the agenda to make her effort' known. Her goal is to
give every child at Cook's a bunny during their time there.
Engineers Week
Council Member Tim Welch
Proclaiming February 22-28 as National Engineers Week.
We will recognize our engineers, Mike Curtis, Director of
Public Works, Lance Barton, Assistant Director of Public
Works and Caroline Waggoner, Associate Engineer
MINUTES OF THE THE NORTH RICHLAND HILLS CITY
COUNCIL WORK SESSION ON THE SOUTH GRAPEVINE
HIGHWAY CORRIDOR STRATEGY HELD IN THE DAN
ECHOLS SENIOR CENTER, 6801 GLENVIEW, NORTH
RICHLAND HILLS, TEXAS - FEBRUARY 5, 2004 - 6:00 P.M.
City Council Present:
Mayor Oscar Trevino
Mayor Pro Tem Joe Tolbert
Councilman John Lewis
Councilman Scott Turnage
Councilman Frank Metts, Jr.
Councilwoman JoAnn Johnson
Councilman David Whitson
Councilman Tim Welch
Staff Present:
Larry J. Cunningham, City Manager
Paulette Hartman, Assistant to the City Manager
Patricia Hutson, City Secretary
John Pitstick, Director of Development
Jim Browne, Parks and Recreation Director
Larry Koonce, Director of Finance
Mike Curtis, Public Works Director
Dave Pendley, Building Official
Ashley Stathatos, Marketing & Research
Richland Hills City Council & Staff Present:
Councilman Herbert G. Reynolds
Marty Harrison, Economic Development Specialist
Mr. Bill Cunningham, Leland Consulting Group, and Mr. Rick Leisner, HNTB, facilitated
the meeting.
1.
CALL TO ORDER
Mayor Trevino called the work session to order at 6:00 p.m.
City Council Work Session Minutes
February 5, 2004
Page 2 of 4
2.
PRESENTATION OF DRAFT FINAL REPORT
and
3.
DISCUSSION OF PRPOSED DRAFT FINAL REPORT
Mayor Pro Tern Tolbert present at 6:10 p.m.
Mr. Bill Cunningham and Mr. Rick Leisner presented a PowerPoint presentation of the
draft final report of the South Grapevine Highway Corridor study. The presentation
consisted of reviewing the corridor opportunities for the South Grapevine Highway, Rufe
Snow and Glenview corridors, the vision for the revitalization of the corridors and
implementation plan. The consultants reviewed the trade areas for the corridors,
summarized the development demand, reviewed and explained opportunities by land
use type, and identified activity centers for investment. The consultants identified eight
village areas and briefly discussed with Council the development concepts:
· Village #1 - Mall/North Hills Hospital Village - located in southeast quadrant of
the 820 and South Grapevine Highway Interchange - development concept
would include the potential to link to the hospital and land uses consisting of
regional retail/entertainment, hospital campus and urban mixed-use.
· Village #2 - Church/Bank Village - located between Vance Road and Parchman
Street on the west side of South Grapevine Highway - development concept
would allow an opportunity for North Richland Hills Baptist to expand by vacating
a public street and designating as a private street to accommodate expansion
and orientation to South Grapevine Highway and providing opportunities for
neighborhood retail fronting South Grapevine Highway.
· Village #3 - Future Joint Recreation Center -located in the southeast quadrant
of the South Grapevine Highway/Popplewell Street intersection - development
concept would include a joint recreation/community center, provide opportunities
for expansion and redevelopment of the existing bank and possible retail fronting
on South Grapevine Highway.
· Village #4 - Walker Commercial Center Village -located between Scruggs Drive
and Flory Street on the west side of Grapevine Highway - development concept
would address aesthetic improvements needed along Walker Construction facility
frontage and provide a business park identity for the area and redevelopment of
the residential area to include a mix use of residential, service commercial and
light industrial uses.
· Village #5 - Albertson's Retail Village - located at the southeast corner of
Grapevine Highway and Rufe Snow Drive in Richland Hills - development
concept would consist of an anchor retail to service the adjacent neighborhood
City Council Work Session Minutes
February 5, 2004
Page 3 of 4
and provide opportunities for residential redevelopment and mixed-use
development.
· Village #6 - Glenview/Rufe Snow Village - located at the northwest corner of
Glenview Drive and Rufe Snow Drive - development concept includes the
redevelopment of the former Food Lion building into public use and/or office
space, retail development along Rufe Snow Drive and residential development
on the adjacent vacant land consisting of small lot single family and town homes
with a public park connecting the residential and office areas.
· Village #7 - Booth Calloway/Glenview Village - located in the area of Booth
Calloway/Glenview Drive intersection - development concept consists of a
regional retail center and medical support office with pedestrian trails linking the
village with the Mall redevelopment site and the hospital.
· Village #8 - South Grapevine Highway/Glenview Village -located on the
northeast quadrant of the South Grapevine Highway/Glenview Drive intersection
- development concept consists of mixed-use development along the Grapevine
and Glenview frontages and urban housing.
The consultants also briefly reviewed the urban design and streetscape elements
anticipated for each of the villages.
Councilman Turnage left the work session at 6:45 p.m.
The guiding principles used to outline an implementation strategy were highlighted.
Council was advised that from the October 2003 work session with the joint cities,
actions for change were formulated based on the two council's top ten high priorities.
As a result of the prioritization, the two Councils had 6 common strategies. These 6
strategies are reflected in the report as highest priority items. The remaining
strategies that were included in each city's top ten priorities are reflected in the
report as high priority items. The action plan for implementation of the strategies
was developed based on the prioritized strategies. The consultants briefly
discussed the factors for success that will be necessary for the implement plan to
succeed.
4.
DIRECTION/DISCUSSION REGARDING FINAL REPORT
There was a short discussion on the report with each of the Council members
commenting on their support of the presentation and the revitalization of the
corridors. Council briefly discussed the potential opportunity to redevelop the
Eckerds/triangle area on Grapevine Highway. It was agreed by the Council that this
area might be the logical place to begin revitalization efforts.
Councilman Welch left the meeting at 7:00 p.m. and Mayor Trevino left the meeting
at 7:07 p.m.
City Council Work Session Minutes
February 5, 2004
Page 4 of 4
There was discussion on the need for the two cities to begin a process of identifying
standards and an overall process and to reach an agreement on the aesthetic
treatments at the intersections. The Council agreed that the priority strategies
presented were the highest priorities, for Staff to continue" to work at staff level on
the priorities and to work towards bringing the plan and a joint local agreement to
both the North Richland Hills and Richland Hills City Councils for approval and
adoption.
Councilman Reynolds, Richland Hills, commented that he felt with cooperation
between the two cities and staff, the plan will be beneficial to both cities.
Councilman Reynolds will be reporting back to the Richland Hills City Council for
their comments and interest in moving forward with the implementation and adoption
of the study and interlocal agreement.
5.
ADJOURNMENT
Mayor Pro Tem Tolbert adjourned the work session at 7:30 p.m.
APPROVED:
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - FEBRUARY 09, 2004
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 9th day of February, 2004 at 6:00 p.m. in the Pre-Council Room prior to the 7:00
p.m. 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
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Clay Caruthers
Thomas Powell
Dave Green
Vicki Loftice
Bill Thornton
Call to Order
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
City Manager
Interim Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant to City Manager
City Secretary
Assistant City Secretary
City Attorney
Director of Development
Finance Director
Public Works Director
Budget Manager
Director of Building Services
Zoning Administrator
Assistant Director Parks & Recreation
Assistant Director Parks & Recreation
Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m.
1. Discuss items from Regular February 09.2004 City Council Meeting
Agenda Item 7b, PS 2003-54 - Staff was asked to explain why the property should be
platted from a single lot as it is today, to several individual lots. Mr. Green advised that
the applicant wants the flexibility should he decide to sell one of the buildings rather
than lease.
City Council Minutes
February 09, 2004
Page 2
Agenda Item No. 10 - PU 2004-011 - Mayor Trevino advised that he requested the
minutes from the Park and Recreation Board be provided to the Council and that the
Park and Recreation Chair, Mark Haynes, give a brief synopsis to the Council of the
Park Board discussion. Mr. Haynes reported to the Council on the Park Board's
discussion and considerations of each of the alternates for Liberty Park and Tommy &
Sue Brown Park. Mr. Haynes reported that the Board did not have any major problems
with the alternates and that all of the alternates seemed worthy. Mr. Haynes advised
there was a question by one of the board members as to whether the package of
alternatives should be weighed along with future capital improvement projects for new
parks. Mr. Haynes advised the consensus of the Board was to complete the existing
neighborhood parks and then consider funding for future parks. Mayor Pro Tem Tolbert
questioned if the Board discussed security issues at the parks. Mr. Haynes advised
that security was discussed later in the agenda as a separate item, but discussion was
not tied to this item.
2. IR 2004-016 Review Proposed Parade Ordinance (Aaenda Item No.9)
Ms. Paulette Hartman presented a Power Point presentation outlining the proposed
parade ordinance which will regulate parades and recreational street uses. The
proposed ordinance requires a permit for parades and recreational street uses, outlines
the permit application requirements, the procedures for reviewing permit applications,
defines the route for large parades, outlines security requirements and defines the
grounds for denial. Mayor Trevino offered two suggestions. Mayor Trevino felt there
was a problem with the neighborhood parade definition in that the ordinance defines it
as a parade that the residents of the neighborhood will be involved in. The definition for
large parades involves more than 25 motorized vehicles. There is not a provision for
those instances where an organized walk or parade goes through a neighborhood,
there are not 25 vehicles and the residents of the neighborhood are not involved.
Mayor Trevino suggested that a third parade category was needed to include such
activities as a band march or a Heart Walk. There was discussion on these activities
being covered by the recreational street use definition; it was felt that the person
seeking the parade would overlook the definition of recreational street uses. Mayor
Trevino also felt the 60 day application timeframe was too short for the organizer of the
parade. The consensus of the Council was that because parade organizers must begin
planning their calendars many months in advance, the 60 days needs to be expanded
to at least 90 or 120 days. Council also discussed the routing of parades. It was
suggested that consideration be given to including Mid Cities Boulevard from Davis to
Rufe Snow. North Tarrant Parkway was also discussed as a possible parade route.
Staff concurred with Council that the length and number of routes could be expanded
as other streets can be determined to be workable.
Mayor Pro Tem Tolbert recognized Ms. Sally Proffitt and her Tarrant County College
Northeast business leadership class.
3. IR 2004-014 Discussion on Northeast Family Fourth Event
"·"'",_'k~<"~·_~___"~'__'_________.
City Council Minutes
February 09, 2004
Page 3
Ms. Vicki Loftice presented a Power Point presentation outlining issues and options for
the 2004 Northeast Family Fourth event. Ms. Loftice gave a brief history of the event
locations. Initially the fireworks were launched from a location near the TCC campus.
The launch location was moved to the Home Town area when a gas station was built
on Grapevine Highway across from the TCC launch area. Issues to be considered in
planning the 2004 Northeast Family Fourth are:
· Current launch location in HomeTown for high level fireworks will not be available
due to new construction. Committee is considering producing a lower level
fireworks show near the Birdville Fine Arts Center.
. Last year's funding of $52,552 included funding for the 50th Anniversary's
expanded activities and entertainment. In previous years, the city has budgeted
$11,000 for a fireworks only show. Additionally funding sources from cities are
declining. The City of Richland Hills has not yet committed, Haltom City has cut
funding for 2004 and only Watauga and Keller are supporting the event. Total
funding from 2004 sources is estimated at $17,000.
· Budget constraints will result in a reduced level event.
· Several adjacent cities are planning large shows with larger budgets.
Council was presented with options -
· Low Level Fireworks at the Birdville Fine Arts Athletics Center
· Low Level Fireworks at the Birdville Fine Arts Athletics Center with Entertainment
· Low Level Fireworks at the Birdville Fine Arts Athletics Center on July 3, 2004
· Relocate to South Grapevine Highway with a High Level Fireworks
Ms. Loftice advised the committee was prepared to raise additional funds to
supplement the city's $11,000 budget; however, because of the economy and tight
budgets, the committee feels it will not be able to raise the funds necessary to add
entertainment.
Council discussed the options presented. Council also discussed eliminating the July
4th event and using the funds to expand the city's signature event - Night of Holiday
Magic. Council also considered expanding along with Night of Holiday Magic the
Concert in the Parks. It was suggested that consideration be given to giving a joint
sponsorship to Bedford or Hurst. The consensus of the Council was for staff to look
into giving a joint sponsorship to a neighboring city and look into expanding Night of
Holiday Magic.
4. Adiournment
Mayor Trevino announced at 6:42 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
City Council Minutes
February 09, 2004
Page 4
1.
CALL TO ORDER
Mayor Trevino called the meeting to order February 09, 2004 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
Joe D. Tolbert
John Lewis
Scott Turnage
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Timothy J. Welch
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Staff:
Larry J. Cunningham
Richard Torres
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Interim Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Councilman Turnage gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Councilman Turnage led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
A) CITIZENS MERITORIOUS ACT AWARD TO JOHNATHAN LEE
City Council Minutes
February 09, 2004
Page 5
Fire Chief Jones presented to Johnathan Lee a Citizens Meritorious Award for his
unselfish actions at the risk of personal injury to save Mr. Noah Johnson from a burning
van.
B) CITIZENS MERITORIOUS ACT AWARD TO JAMES W. (JODY) DEAN
Fire Chief Jones presented to Mr. Jody Dean a Citizens Meritorious Act Award for his
unselfish actions at the risk of personal injury that resulted in the safe evacuation of the
Waterford on the Green apartment complex.
C) CERTIFICATE OF RECOGNITION FOR PARAMEDICS RICHARD ABELlNO,
TODD MAYES, GARY WESSON, AND LT. PARAMEDIC RUSSELL RICE
Councilman Whitson presented to Paramedics Richard Abelino, Todd Mayes, Gary
Wesson and Lieutenant Paramedic Russell Rice a certificate of recognition for delivery
of a citizen's new baby.
D) CERTIFICATE OF RECOGNITION FOR EMERGENCY MANAGEMENT
OFFICER CHARLES SPRADLING
Mayor Pro Tem Tolbert presented to Emergency Management Officer Charles
Spradling with Certificate of Recognition for recovering a young boy's piggy bank from
his burned apartment.
5.
CITIZENS PRESENTATION
Mr. Charles Cole, 6125 Riveria Drive, addressed the Council on the senior tax freeze
and requested that Council place on item on the next Council agenda for community
input.
Mayor Pro Tem Tolbert recognized Ms. Sally Proffitt's business leadership class from
Tarrant County College.
6.
REMOVAL OF ITEM (S) FROM THE CONSENT AGENDA
None. Later in the agenda Items 7c and 7d were reconsidered and removed from the
Consent agenda.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
City Council Minutes
February 09, 2004
Page 6
A. MINUTES OF THE JANUARY 26, 2004 COUNCIL MEETING
B. PS 2003-54 CONSIDERATION OF A REQUEST FROM TODAY RICH LAND
CENTER L.P. TO APPROVE THE FINAL PLAT OF LOTS 1-8, BLOCK A
RICH LAND PLAZA ADDITION (LOCATED IN THE 6400 BLOCK OF
GRAPEVINE HIGHWAY - 42.09 ACRES)
C. PS 2003-55 CONSIDERATION OF A REQUEST FROM B. H. & L. JOINT
VENTURE TO APPROVE THE FINAL PLAT OF LOTS 1-21, BLOCK 1
FOREST GLENN NORTH ADDITION (LOCATED IN THE 8400-8500 BLOCK
OF NORTH TARRANT PARKWAY -10.00 ACRES) Item reconsidered later in
the Aaenda
D. PS 2003-57 CONSIDERATION OF A REQUEST FROM J&H NRH 100 FLP TO
APPROVE THE FINAL PLAT OF LOTS 53-65, BLOCK 1 AND LOTS 1-10,
BLOCK 11 BRANDONWOOD ESTATES PHASE 111 ADDITION (LOCATED IN
THE 7500 BLOCK OF NORTH TARRANT PARKWAY - 9.45 ACRES) Item
reconsidered later in the Aaenda
E. GN 2004-009 APPROVE ABANDONMENT OF A SANITARY SEWER
EASEMENT LOCATED IN WAL-MART ADDITION - ORDINANCE NO. 2770
F. GN 2004-010 CALLING MAY 15, 2004 CITY COUNCIL ELECTION -
RESOLUTION NO. 2004-009
G. PU 2004-007 AWARD PROPOSAL FOR PHASE 2 OF THE 2003 HVAC
PROJECT AND THE 2004 HV AC PROJECT TO WEBB AIR CONDITIONING IN
THE AMOUNT OF $71,312
H. AWARD PROPOSAL FOR IRON HORSE PAVILION TO HARDSCAPE
CONSTRUCTION IN THE AMOUNT OF $94,850 AND AUTHORIZE
REFUNDING FROM CERTIFICATES OF OBLIGATION - RESOLUTION NO.
2004-011
I. PU 2004-009 AWARD BID FOR UTILITY MATERIALS TO ATLAS UTILITY
SUPPLY - RESOLUTION NO. 2004-012
J. PU 2004-010 AWARD BID FOR 2004-YEAR MODEL BRUSH TRUCK TO
WILDFIRE TRUCK AND EQUIPMENT IN THE AMOUNT OF $73,847
COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN WHITSON, TO APPROVE THE
CONSENT AGENDA.
Motion to approve carried 7-0.
City Council Minutes
February 09, 2004
Page 7
8.
PZ 2003-27 PUBLIC HEARING TO 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 5101DAVIS BOULEVARD-
ORDINANCE NO. 2769
CONTINUED
Mayor Trevino opened the Public Hearing.
Mr. Jon Evans, applicant, presented request to rezone the property located at 5101
Davis Boulevard. The applicant proposes to construct a new building for the existing
vacuum cleaner business and new retail lease space. The project will be constructed in
two phases. Phase I consists of a new building containing three commercial lease
spaces. Phase II will remove the existing vacuum cleaner building and replace with a
new two story addition to the Phase I building.
Council questioned the applicant if he would be opposed to their restricting the addition
of any items to the exterior of the buildings other than what would be approved in the
planned development.
Mr. Evans advised that two tenants will be leasing the commercial space. Should one
of the tenants leave, the space might be divided into three spaces and three signs on
the outside of the building would be needed instead of the two signs shown on the plan.
Mr. Dave Green, Zoning Administrator, presented the case summary, applicant's
requests for variances, Staff and Planning & Zoning recommendations. The applicant
is requesting the following variances due to the limited size of the property:
· Permission for all the proposed landscaping along the Maplewood Avenue
frontage to be located within the street right of way rather than on the applicant's
property;
· Permission to not provide landscaping on the interior of the parking lot (1 tree
island required);
· Permission to locate the ingress/egress points as shown on site plan;
· Permission to provide 20 parking spaces instead of the 21 required.
The Planning & Zoning Commission recommended approval on January 15, 2004 with
the following stipulations:
1) A note shall be placed on the site plan indicated that all signage will comply with the
current sign ordinance at the time of permitting
~ ._.____.~_·..,__~·.._o,_~__<____~~_______~.____~
City Council Minutes
February 09, 2004
Page 8
2) Within 90 days of a conditional Certificate of Occupancy for Phase I, the removal of
the existing building, installation of all proposed landscaping and driveways will be
completed.
Councilman Welch advised the Landscape Plan did not show a sidewalk and
questioned if a sidewalk should be required.
Mr. Mike Curtis, Public Works Director, confirmed that a sidewalk should be required
along Davis Boulevard and Maplewood.
Councilman Welch questioned the location of the dumpster along the Maplewood
property line and commented that the visual impact was not acceptable.
There was extensive discussion by the Council on the location of signs, the projection
of the signs, adhering to the city's sign regulations and placing additional stipulations on
the signage shown on the planned development. The Council also discussed the
screening for the air conditioning units located on the roof of the buildings.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward. .
There being no one wishing to speak Mayor Trevino closed the public hearing.
MAYOR PRO TEM TOLBERT MOVED TO CONTINUE PZ 2003-27 UNTIL THE NEXT CITY COUNCIL
MEETING. COUNCILMAN WELCH SECONDED THE MOTION.
Mayor Pro Tem Tolbert advised he would like applicant to meet with staff and address
and resolve the concerns expressed by Council.
Motion to approve carried 7-0.
RECONSIDERATION OF CONSENT AGENDA ITEMS 7C & 7D
Mayor Trevino asked for a motion to reconsider Items 7c and 7d.
MAYOR PRO TEM TOLBERT MOVED, SECONDED BY COUNCILWOMAN J:OHNSON, TO
RECONSIDER CONSENT AGENDA ITEMS 7c AND 7D.
Motion to approve carried 7-0.
._-~-_._,------
City Council Minutes
February 09, 2004
Page 9
7C.
PS 2003-55 CONSIDERATION OF A REQUEST FROM B. H. & L.
JOINT VENTURE TO APPROVE THE FINAL PLAT OF
LOTS 1-21, BLOCK 1 FOREST GLENN NORTH ADDITION
(LOCATED IN THE 8400-8500 BLOCK OF
NORTH TARRANT PARKWAY -10.00 ACRES)
APPROVED W/STIPULATION
Mayor Trevino advised he would like Council to consider a motion to approve Item 7c
without granting a waiver of escrow and construction requirements for North Tarrant
Parkway.
COUNCILWOMAN JOHNSON MOVED TO APPROVE ITEM 7c, PS 2003-55 THE FINAL PLATS OF
LOTS 1-21, BLOCK 1 FOREST GLENN ADDITION AS RECOMMENDED BY THE PLANNING AND
ZONING COMIMISSION WITHOUT GRANTING THE WAIVER OF ESCROW AND CONSTRUCTION
REQUIREMENTS FOR NORTH TARRANT PARKWAY. COUNCILMAN TURNAGE SECONDED THE
MOTION.
Motion to approve carried 7-0.
7D.
PS 2003-57 CONSIDERATION OF A REQUEST FROM
J&H NRH 100 FLP TO APPROVE THE FINAL PLAT OF
LOTS 53-65, BLOCK 1 AND LOTS 1-10, BLOCK 11
BRANDONWOOD ESTATES PHASE 111 ADDITION
(LOCATED IN THE 7500 BLOCK OF
NORTH TARRANT PARKWAY - 9.45 ACRES)
APPROVED W/STIPULATION
Mayor Trevino advised he would like Council to consider a motion to approve item 7d
without granting the waiver of escrow and construction requirements for North Tarrant
Parkway.
MAYOR PRO TEM TOLBERT MOVED TO APPROVE ITEM 7D, PS 2003-57 AS RECOMMENDED BY
THE PLANNING AND ZONING COMMISSION WITHOUT THE WAIVER OF ESCROW AND
CONSTRUCTION REQUIREMENTS FOR NORTH TARRANT PARKWAY. COUNCILWOMAN JOHNSON
SECONDED THE MOTION.
Motion to approve carried 7-0.
"--_...._~~~-^<'_.>-----...<---------"--~-,--_._----.,.
City Council Minutes
February 09, 2004
Page 10
9.
GN 2004-011 CONSIDER AN ORDINANCE AMENDING CHAPTER 15 OF THE
CODE OF ORDINANCES ADOPTING A REGULATING PLAN FOR PARADES AND
STREET USES - ORDINANCE NO. 2768
CONTINUED
The City Manager advised the proposed ordinance was discussed and explained during
Pre-Council. Council made several suggestions to the ordinance. Staff recommends
that Council not take action and allow staff to incorporate the suggested changes and
bring back to Council for action at the next Council meeting.
COUNCILMAN WELCH MOVED TO CONTINUE GN 2004-011 TO THE NEXT CITY COUNCIL
MEETING. COUNCILMAN WHITSON SECONDED THE MOTION.
Motion to approve carried 7-0.
10.
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
CONTINUED
Mayor advised he would like Council to consider postponing action until more financial
information can be obtained on the $180,000 about to be spent on item, due to the
acquisition of parkland at the Little Bear Creek Corridor and funding of grant that may
not come into fruition.
COUNCILMAN METTS MOVED TO CONTINUE PU 2004-011 TO A FUTURE DATE. COUNCILMAN
TURNAGE SECONDED THE MOTION.
Motion to continue carried 7-0.
11.
PW 2004-004 APPROVE LOCAL TRANSPORTATION PROJECT ADVANCE
FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR THE TRAFFIC SIGNAL LIGHT COMMUNICATION SYSTEM 2003 PROJECT -
RESOLUTION NO. 2004-010
APPROVED
"'-'-""~-"'"'-"--'-"'~'._"~-~~""~-----~--'~.------+---~-'
City Council Minutes
February 09, 2004
Page 11
Public Works Director Mike Curtis summarized item for council. The project before
council is the traffic upgrade for Grapevine Highway, Davis Boulevard and Precinct Line
Road. The Council awarded design for this project April 2003. During the surveying of
Texas Department of Transportation (TxDOT) equipment it was discovered there would
be more work needed for TxDOT owned traffic signals. The scope of the project will
need to be expanded and will cost additional money. Staff, with the help of Council of
Government and TxDOT, looked for additional funding for project. Staff was able to
find additional grant money, which may result in the city using less "local" money
budgeted for project. Mr. Curtis advised although grant money is available the project
will take additional time to allow time for TxDOT to execute the Local Transportation
Project Advance Funding Agreement. Staff has been advised the process is estimated
to take 90 days.
Councilman Welch asked how much money the city will save utilizing grant funds.
Mr. Curtis advised it would depend on the bids but it could be $50,000.
COUNCILMAN WELCH MOVED TO APPROVE PW 2004-004. COUNCILMAN LEWIS SECONDED
THE MOTION.
Motion to approve carried 7-0.
12.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
None.
13.
INFORMATION AND REPORTS
Councilman Welch made the following announcements:
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 14
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
City Council Minutes
February 09, 2004
Page 12
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Entire Staff, Planning and Inspections Department - A letter was received from a local
NRH business thanking everyone for their assistance in negotiating with the landlord's
contractor regarding the recent update and remodeling of the building. The City seems
eager and willing to promote growth within the city.
14.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:09 p.m.
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
·
CITY OF
NORTH RICHLAND HILLS
\.~_. Department: Public Works
Council Meeting Date: 2/23/2004
Subject: Approve the WaivinQ of Street Escrow Fees alonQ North Agenda Number: GN 2004-012
Tarrant Parkway for Forest Glenn North, Lots 1-21, Block 1
in return for Dedication of Park Land
The final plat of Forest Glenn North, Lots 1-21, Block 1 was approved during the February
9, 2004 City Council Meeting (PS2003-55). This plat is located along an unimproved
section of North Tarrant Parkway. Since North Tarrant Parkway is considered a "perimeter
street" the developer is required to either improve one-half of the street or pay the City the
estimated cost associated with the required improvements to be placed in escrow.
At the February 9, 2004 meeting, consideration was being made to waive street escrow
fees along North Tarrant Parkway adjacent to these plats. The waiver was being
requested since the developer had dedicated street right-of-way for North Tarrant
Parkway. However, a question arose concerning the dedicatiQn of 15.68 acres of the land
located in the Thomas Peck Survey, Abstract 1210 and the S. Richardson Survey,
Abstract 1266 (Attachment A) to be used as a city park and open space. With the matter
undetermined, Council took action to approve the plat, but not approve the waiver of the
street escrow fees.
~--
Since the February 9, 2004 meeting, the City Manager has met with the developer
concerning the street escrow issue and the park land dedication. The developer has
stated that he will dedicate the park land with the understanding that the City will waive all
current North Tarrant Parkway street escrow fees associated with this plat. The developer
has informed Staff that he has signed the park dedication deed as of February 18, 2004,
but it has not been received by the City staff as of the writing of these comments.
Staff believes this is a reasonable request to waive the escrow when the park dedication is
received.
Recommendation: To accept the offer from the developer and waive all of the current
street escrow fees for North Tarrant Parkway associated with this plat when the 15 acres
of park land has been dedicated to the City.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
-
,
Finance Review
Account Number
Sufficient Funds AvallaDle
M~4 ()~
Department Head Signature
tLCr
Finance Director
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CITY OF
NORTH RICHLAND HILLS
"-- )artment: City ManaQer's Office
Council Meeting Date: 2/23/04
Subject: Approve Easement and Riaht-of-Wav for Gas Supplv
To TXU Gas Company - Resolution No. 2004-014
Agenda Number: GN 2004-013
The attached resolution is to grant TXU Gas a 5 foot wide gas supply line easement along a
270 foot section of the westernmost property line of Cross TirTJbers Park. The purpose of the
easement is to provide gas service to a residential lot being developed as Lot 1 Block 3,
Douglas Estates.
The proposed easement is adjacent to, and along side, an existing electric easement. The
developer is also proposing to bury the existing overhead electric line that parallels the
proposed gas easement. The proposed easement does not .conflict with any natural area
environmentally significant area within the park.
Recommendation: To approve Resolution No. 2004-014.
'-
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
~ O'J¡~_
De artment Head Si nature
Finance Review
Account Number
Sufficient Funds Available
Page 1 of
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
RESOLUTION NO. 2004-014
WHEREAS, the City Council desires to authorize the City Manager to execute an easement
and right-of-way for gas supply to TXU Gas Company; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND
HILLS, TEXAS:
Section 1:
That the City Manager of the City of North Richland Hills is authorized to
execute an easement for a 5- foot wide gas supply easement described in Exhibit
A hereto, to TXU Gas Company, over public park property as described therein.
AND IT IS SO RESOLVED.
PASSED on the 19th day 6fFebruary, 2004.
CITY OF NORTH RlCHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
~LEGALITY:
George A. Staples, A orney
APPROVED AS TO CONTENT:
Department Head
Resolu n No. 2004-014
Page 1 1
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NRH
AGENDA No. GN 2004 - 013
Location of Property
Related to
TXU Gas Easement
Legend
I:·:,::-:}.:,·d Property Location
~ Park
o
I
500
I
1000 Feet
I
18 Feb 04 GIS_046D Douglas_ TXU.mxd Prepared for City Administration
~ SCALE 1 "=40'
. BEARING CONTROL BASE. \ ON CITY OF
NORTH RICHlAND HillS GPS DATA.
NAD - 83
GPS MONUMENT NO. 22
LOT I, BLOCK 3
DOUGLAS ESTATES
PHASE III
CAB. A, SLIDE 8902
P.R.T.C.T.
..__.."~..",
--------
L3
~~ ,
L 1 EXISTING 7.5 U.E.
~--
I - "\~~\ LOT 13, BLOCK 1
I \ ~\.'\ ORANGE VALLEY
"-:'", -:'",\ CAB. A, SLIDE 584
LOT 14, BLOCK 1 'Go Go, P.R.T.C.T.
ORANGE VALLEY ".~ .~
CAB. A. SLIDE 584 \.
P.R.T.C.T.
6' QAS SUPPLY
6AS6116NT
'675.48 S,F.
lOT 1, BLOCK 2
ORANGE VALLEY
SECTION 2
CAB. B, SLIDE 634
P.R.T.C.T.
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L4 EXISTING 10' U.E.
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CITY OF NORTH RICHlAND HILLS
VOL. 10B06, PG. 1 665
D.R.T.C.T.
NUMBER DIRECTION
L 1 S89'1B'44"W
L2 N01'OS'31''W
L.3 N89'18'44"E
L4 N89'23', 9"E
DISTANCE
48.37
5.00
43.37
5.00
LOVD BRANSOM SURVEYORS INC.
CHARLES B HOOKS JR.
REGISTERED PROFESSIONAL LAND SURVEYOR
1028 NORTH SYLVANIA AVE.
FT. WORTH, TEXAS 76111
834-3477
4&/
DATE /-/4 tJ4
I
EXHIBIT
,11
GSWW, Inc.
Engineers - Planners
3950 Fossil Creek Blvd., Suite 210
Ft. Worth, Texas 76137
(817) 306-1444; iàx(817) 306-1555
[S~lfiJŒOO @[? lfOOffiOO@[M]OlfiJ&11
Date: Thursday, January 15,2004
GSWW Job No.: 211-007
Attention: Bill Thornton
Re: DOUGLAS ESTATES, Phase III, Lot 1, Block 3; 7600 Douglas Lane;
Natural Gas and Electric Line Improvements;
PS 2003-48; GSWW #211-007
To: City of North Richland Hills
6720 N.E. Loop 820
North Richland Hills, Texas 76180-7901
817-427-6620, fax 817-427-6627
We are sending you: Attached By: Mail Courier Hand Delivery Fax Other:
Shop Drawings
Prints
Plans
Samples
Specifications
Copy of Letter
Change Order
Tables Exhibits Other:
Copies
3
Description
Original5-foot wide Gas Supply Line Easement across Cross Timbers Park
These are transmitted as highlighted below:
For Approval
Approved As Submitted
Resubmit _ Copies For Approval
For Your Use
Approved As Noted
Submit _ Copies For Distribution
As Requested
Returned For Corrections
Return
Corrected Prints
For Review & Comment
Other: Return two executed orie:inal easementst
Remarks:
Bill,
Please have all three original easements executed, dated, and notarized by the
appropriate stafIpeople with the City. We will need at least two of the executed
easements returned to us for TXU Gas so they can file the easement at the County
Courthouse.
.....,
District: HEB
WR#: 2019677
ER#:
EASEMENT AND RIGHT OF WAY
COUNTY OF TARRANT
§
§
§
KNOWALL MEN BY THESE PRESENTS:
THE STATE OF TEXAS
That CITY OF NORTH RICHLAND HILLS, a municipality of Tarrant County, Texas,
hereinafter called "Grantor," whether one or more, for and in consideration of Ten and
No/100 DoUars ($10.00) and other valuable consideration to Grantor in hand paid by TXU
GAS COMPANY, a Texas Corporation, located at 1601 Bryan St., Dallas, Texas, 75201,
hereinafter referred to as "Grantee", has granted, sold and conveyed and by these presents
does grant, sell and convey unto said Grantee, their successors and assigns, an easement
and right-of-way for gas supply, supporting structures, surface mounted equipment, conduits,
underground gas pipelines, cathodic protection equiþment, aerial markers, and all necessary
or desirable appurtenances over, under, through, across, and upon Grantor's land described
as follows:
SEE EXHIBITS "A"and "B" ATTACHED
Grantor recognizes that the general course of said lines, or the metes and bounds as
above described, is based on preliminary surveys only, and Grantor hereby agrees that the
easement and right-of way and its general dimensions hereby granted shall apply to the
actual location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and right-
of-way and over and across Grantor's adjoining properties for the purpose of and with the
right to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place,
and to change the size and capacity of said facilities; the right to relocate said facilities in the
same relative direction of said facilities; the right to relocate said facilities in the same relative
position to any adjacent road if and as such road is widened in the future; the right to prevent
excavation within the easement area; the right to prevent construction of, within the easement
area, any and all buildings, structures or other obstructions which, in the sole judgment of
Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of
said facilities and their appurtenances, and the right to trim or remove trees or shrubbery
within, but not limited to, said easement area, to the extent in the sole judgment of Grantee,
as may be necessary to prevent possible interference with the operation of said facilities or to
remove possible hazard thereto. Grantor shall not make changes in grade, elevation or
contour of the land or impound water within the easement area as described above without
. prior written consent of Grantee. Grantee shall also be entitled to use only so much of
Grantor's adjacent land and additional land as reasonably necessary at road and water
crossings for construction purposes. Grantee shall restore said additional land to its
preexisting same or similar condition upon completion of construction.
Grantor reserves the right to use the land within the above described easement area
for purposes not inconsistent with Grantee's use of such property, provided such use shall
not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the
said Grantee, its successors and assigns, until all of said electric lines and/or pipelines shall
be abandoned, and in that event said easement and right-of-way shall cease and all rights
herein granted shall terminate and revert to Grantor or Grantor's heirs, successors or
assigns; and Grantor hereby binds himself, his heirs, successors, assigns, and legal
representatives, to warrånt and forever defend the above described easement and right-of-
way unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
EXECUTED this
day of
, A. D. 2004.
CITY OF NORTH RICHLAND HILLS
By:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
, as the
of City of North Richland Hills, a municipality of Tarrant County, Texas, known tome to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and he/she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, A. D. 2004.
day of
EXHIBIT A
FIELD NOTES FOR A 5' GAS SUPPLY EASEMENT:
BEING A TRACT OF LAND OUT OF THE JOHN CONDRA SURVEY, ABSTRACT NO. 310, TARRANT COUNTY,
TEXAS, AND BEING A PORTION OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME
')806, PAGE 1665, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING IN THE EAST LINE OF LOT 1, BLOCK 2, ORANGE VALLEY, SECTION 2, AN ADDITION TO THE
CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY. TEXAS, ACCORDING TO THE PLAT RECORDED IN
CABINET B, SLIDE 634, PLAT RECORDS, TARRANT COUNTY, TEXAS. FOR THE SOUTHWEST CORNER OF
TRACT BEING DESCRIBED. SAID POINT BEING THE SOUTHWEST CORNER OF SAID TRACT OF LAND AS
DESCRIBED IN DEED RECORDED IN VOLUME 10806, PAGE 1665 AND THE NORTHWEST CORNER OF
LOT 14, BLOCK 1, ORANGE VALLEY, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT
COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 584, PLAT RECORDS,
TARRANT COUNTY, TEXAS;
THENCE NORTH 01 DEGREES 06 MINUTES 31 SECONDS WEST 5.00 FEET ALONG THE EAST LINE OF
SAID LOT 1, BLOCK 2, ORANGE VALLEY, SECTION 2;
THENCE NORTH 89 DEGREES 18 MINUTES 44 SECONDS EAST 43.37 FEET;
THENCE NORTH 01 DEGREES 06 MINUTES 31 SECONDS WEST 266.73 FEET TO THE SOUTH LINE OF
LOT 1, BLOCK 3, DOUGLAS ESTATES, PHASE III, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS,
TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8902, PLAT RECORDS,
TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 23 MINUTES 19 SECONDS EAST 5.00 FEET ALONG THE SOUTH LINE
OF SAID LOT 1, BLOCK 3, DOUGLAS ESTATES, PHASE III;
THENCE SOUTH 01 DEGREES 06 MINUTES 31 SECONDS EAST 271.73 FEET TO THE NORTH LINE OF
SAID LOT 13, BLOCK 1, ORANGE VALLEY;
THENCE SOUTH 89 DEGREES 18 MINUTES 44 SECONDS WEST 48.37 FEET ALONG THE NORTH LINE
OF SAID BLOCK 1. ORANGE VALLEY TO THE POINT OF BEGINNING AND CONTAINING 1575.49 SQUARE
FEET OF LAND, MORE OR LESS
",1:' ¡:;;: ì~
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CITY OF
NORTH RICHLAND HILLS
)partment: City Attorney
'-- '
Council Meeting Date: 2/23/04
Subject: Approve Ordinance No. 2773 AdoptinQ Revisions to the
Civil Service Rules
Agenda Number: GN 2004-014
The City Charter requires that the Civil Service Rules be adopted by the City Council on the
recommendation of the Civil Service Commission. In partnership with the Civil Service
Commission, City staff has been working on revisions to the City's Civil.Service Rules. The
current rules were originally adopted in the 1970's. Minor revi~ions have been made over
the years with the majority of the original rules still in place. The most recent revisions to
the rules were made in November 2003 and October 1996. "Attachment A" is a copy of the
revised Civil Service Rules recommended by the Commission for adoption. "Attachment B"
shows the sections removed from the Civil Service Rules and "Attachment C" shows the
sections added to the Civil Service Rules.
In summary, rules pertaining to the Commissions role in hearins promotional test question
and disciplinary appeals have not changed. However, to eliminate potential conflict with the
City's Charter, or State and Federal laws, references to employee labor law and benefit
issues have been removed. To keep current with the constantly changing Federal and
State laws such as the Family Medical Leave Act, Texas Worker's Compensation Act, and
the Fair Labor Standards Act, the Civil Service Commission and City staff recommend that
employee labor law and benefit policies be kept current by City Administration.
',,--
Recommendation
To approve Ordinance No. 2773.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
~~-
DeDartment Head Sianature
Finance Review
Account Number
Sufficient Funds Avai a e
Budget Director
Page 1 of L
ORDINANCE NO. 2773
2
4 AN ORDINANCE AMENDING THE CIVIL SERVICE RULES AND
REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
6 FOR CONDUCT OF ALL CML SERVICE BUSINESS.
8 WHEREAS, Article XVII, Section 5b, of the North Richland Hills City Charter provides
that the Civil Service' Commission shall recommend rules and regulations for
10 conduct of all civil service business; and
12 WHEREAS, the Civil Service Commission has recommended amending the current
regulations by replacing them with a revised set of rules which eliminates
14 obsolete personnel provisions, and provisions addressing issues dealt with in
the charter and other policies of the City; NOW THEREFORE,
16
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
18 RICHLAND HILLS, TEXAS:
20
Section 1:
THAT the City ofN6rth Richland Hills Civil Service Rules and Regulations
are hereby amended by replacing existing rules with those set forth in the
document entitled "City of North Richland Hills Civil Service Rules and
Regulations Revised February, 2004. Printed February, 2004." filed
herewith.
22
24
26 AND IT IS SO ORDAINED.
28 PASSED AND APPROVED this 23rd day of February, 2004.
30 CITY OF NORTH RICHLAND HILLS
32
34
By:
Oscar Trevino, Mayor
36
ATTEST:
38
40
Patricia Hutson, City Secretary
42
Ordinance No. 2773
Page 1 of 2
K:\Civil Service\Civil Service Rules Approved February 2004\Civil Svc Adopt Rules-Regs Ordinance 2773.doc
APPROVED AS TO FORM AND LEGALITY:
2
4
George A. Staples, Attorney
6
8
10
12
Ordinance No. 2773
Page 1 of 2
K:ICivil ServicelCivil Service Rules Approved February 20041Civil Svc Adopt Rules-Regs Ordinance 2773.doc
"ATTACHMENT A"
CITY OF NORTH RICHLAND HILLS
CIVIL SERVICE RULES & REGULATIONS
Revised February, 2004
Printed February, 2004
Table of Contents
RULE 1. DEFINITION OF TERMS ........................................................................1
RULE 2. GENERAL PROVISIONS ...................... ........... ....... ............. ........ ...........2
2.01 PURPOSE...... ............................ ................................ .............. ........2
2.02 POSITIONS COVERED BY THE RULE ...........................................2
RULE 3. SWORN POLICE AND FIRE PROMOTIONAL EXAMS .........................3
3.01 ELIGIBILITY TO COMPETE IN EXAMINATIONS ............................3
3.02 CHARACTER OF EXAMINATIONS ..................................................3
3.03 EXAMINATION ADMINISTRATION.. ......... .......... .............. ........... ....3
3.04 RATING OF EXAMINATIONS .... ...... ...... ........... ......... ... ........ ...........4
a. Promotional Examinations.................................................·.····..··.4
b. Entry Level Examinations ............................................................4
c. Methods of Examination ..............................................................4
3.05 WRITTEN EXAMINATIONS/ASSESSMENT CENTER EXERCISE .5
3.06 NOTIFICATION OF EXAMINATION RESULTS ...............................5
RULE 4. ELIGIBILITY LISTS ........ ......... ............... ...... ...... ........ ............................6
4.01 RE-EMPLOYMENT RIGHTS ...................... ........... ...........................6
4.02 ELIGIBILITY LISTS/ENTRY LEVEL . ...... ............. ..... ....... ........ .........6
4.03 DURATION OF LISTS ....... ......... ...... .... .......................... ....... ........ ...6
4.04 REMOVAL OF NAMES FROM LIST .................................................6
RULE 5. CERTIFICATION, APPOINTMENT AND PROBATIONARY PERIOD ..7
5.01 VACANCiES.............................................··.....· .......... ......................7
5.02 METHOD OF CERTIFICATION ........... ................. ..... ............ ...........7
5.03 APPOINTMENTS .............. ............. ............................... ....... .... ........7
a. Emergency Appointments ................. ..... .......... ...... ........... ....... .....7
b. Reappointment . .......... .................................. ..... .... .................... ...8
5.04 PROBATIONARY PERIOD. ............. ............................... ...................8
5.05 EXTENSION OF PROBATION..........................................................8
RULE 6. SEPARATIONS AND DISCIPLINARY ACTION ....................................9
6.01 CAUSE FOR DISCIPLINARY ACTION .............................................9
6.02 DEMOTIONS.................. .............................................. ................. ...9
6.03 TEMPORARY SUSPENSIONS .............................................. ..... .....9
6.04 INDEFINITE SUSPENSIONS .... ........................... ..... ............. ..... .....9
RULE 7. APPEALS.. ......... ....... ..... .................. ................ .......... ................ ............10
7.01 GENERAL PROVISIONS .. ...... ........................................... .......... ....10
7.02 PROCEDURE TO FILE APPEAL ..................... ............. .............. .....10
7.03 PROCEDURE FOR CONTESTED HEARINGS ................................11
EMPLOYMENT -AT -WILL STATEMENT
The City of North Richland Hills is an at-will employer. The employment and
compensation of Civil Service employees can be terminated at anytime durinQ
their first year of employment, with or without cause and with or without prior
notice, at the option of the City or the employee. At the completion of one year of
service, Civil Service employees shall be governed by the Civil Service Rules
and Regulations.
The employment and compensation of non-Civil Service employees can be
terminated at anytime, with or without cause and with or without prior notice, at
the option of the City or the employee.
Except for contracts of employment authorized by the City Charter, no officer or
employee of the City shall promise, authorize or approve any other contracts of
employment with any prospective or current City employeé.
RULE 1. DEFINITION OF TERMS
The following words and phrases shall have the meanings indicated throughout
these rules except where the context clearly indicates otherwise.
APPOINTMENT
The designation to a position in the classified service.
CERTIFICATION
The act of the Human Resources Department in supplying an appointing
authority with the names of the candidates who are eligible for original
appointment or promotion to a position in the classified service.
CLASSIFIED SERVICE
All civil service positions as defined by the Charter.
COMMISSION
Shall mean the Civil Service Commission for the City of North Richland Hills and
the Human Resources Department.
DEMOTION
The reassignment of an employee from one position to another position having a
lower maximum salary rate.
INDEFINITE SUSPENSION
Involuntary termination of employment.
VACANCY
A duly created position which is not occupied and for which funds have been
allocated.
1
RULE 2. GENERAL PROVISIONS
2.01 PURPOSE
It is the purpose of these rules to give effect to the provisions of Article XVII of
the City Charter. These rules set forth the principles and procedures which will be
followed by the City of North Richland Hills in the administration of the City Civil
Service. Nothing contained in these Rules shall be considered a contract of
employment with the City by any individual.
2.02 POSITIONS COVERED BY THE RULE
These rules apply to all offices and positions except those specifically excluded
by the Charter.
2
RULE 3. SWORN POLICE AND FIRE PROMOTIONAL
EXAMINATIONS
3.01 ELIGIBILITY TO COMPETE IN EXAMINATIONS
All promotional positions for sworn positions in the police and fire departments
shall be open to all employees who have held a continuous position for two years
or more in the classification immediately below the classification for which the
examination is to be held. In the event there are not at least three qualified
employees with two years of service in the next lower position to take the
examination, then all employees in such classification will be eligible to take the
examination. After extending the examination to all employees in the
classification immediately below the position being tested and there is still less
than three employees to take the examination, the examination shall be further
extended to all employees in the second lower classification to the position being
tested.
3.02 CHARACTER OF EXAMINATIONS
All examinations for any position shall be related to those matters which fairly test
the aptitude, capacity and fitness of the persons examined to discharge the
essential functions of the position. Examinations may include written, oral,
physical, or performance tests, or Assessment Center Exercise. In addition to
other factors, promotional examinations may take into consideration the quality
and length of service where records are available to provide the basis for such
rating.
3.03 EXAMINATION ADMINISTRATION
Examinations shall be announced and held at such times and places as, in the
judgement of the Human Resources Department, most nearly meet the needs of
the service. Testing will be conducted by the Human Resources Department,
with the following exceptions: the Police Agency Combined Testing (PACT) shall
conduct and administer testing for the recruitment of police officers; and the
Assessment Center Exercises, which shall be conducted and administered by an
Assessment Center Board. All written and performance tests shall be given
applicants in the presence of each other, except when special accommodations
are required for persons with disabilities. Written examinations shall be graded as
they are completed, at the place where the examination is given and in the
presence of any applicants who wish to remain during the grading. All oral
examinations shall be recorded live and turned in to the Human Resources
Department along with the examining board's critiques and findings
3
3.04 RATING OF EXAMINATIONS
The following shall not apply when an Assessment Center Exercise is a method
to be used in examining applicants.
Seventy percent of the questions must be answered correctly to pass a written
examination. Applicants must pass the written examination (if used) to be eligible
to participate in any additional method of testing.
In addition to the final score on a written examination, the following values shall
be awarded: .
a. Promotional Examinations
1. One point for each year of seniority in his department, but
never to exceed ten points.
2. Performance evaluation points based on the average of 'the
last two semi-annual evaluations prior to the testing date; or
Oral Review points awarded by an Oral Review Board.
b. Entry Level Examinations
1. Where an Oral Review Board is the only method of
examination, points shall be awarded to each applicant to a
maximum of thirty points. A minimum score of eighteen
points is required to pass the Oral Review Board.
2. Where an Oral Review Board is used in conjunction with any
other method of testing, applicants shall be rated as
"pass/fail" and shall not be awarded points by the board.
3. For positions of original appointment only, applicants who
have served in the armed forces and who received an
honorable discharge shall receive five points in addition to
their final achieved score.
c. Methods of Examination
Each of the following methods of examination may be used as the
only method or as one method in concert with any of the remaining
methods.
1. Written Examinations
2. Oral Review Board
3. Personal Interviews
4
Performance tests, if used, must be in concert with one of the other
methods of examination.
Where the Oral Review Board examination is the only method of
examination, a score of eighteen points is deemed passing. The maximum
possible score for an Oral Review Board examination shall be thirty
points. .
An Assessment Center Exercise method of examination may be used only
in conjunction with a qualifying written examination.
3.05 WRITTEN EXAMINATIONS/ASSESSMENT CENTER EXERCISE
A qualifying written examination shall be administered to all eligible applicants for
a promotional position in the classified service, as defined in Rule 3.01, when an
Assessment Center Exercise is a method to be used to establish a list from
which appointments to the promotional position are to be made. Applicants must
answer correctly seventy percent of the questions to pass the written
examination and to be eligible for the Assess!:!"ent Center. The eight highest
scorers passing the written exam shall be permitted to participate in the
Assessment Center Exercise. In the event the written examination results in a tie
among two or more persons for the eighth highest score, the individual's seniority
in the department shall be the tie-breaker in determining the applicant who will be
permitted to continue to the Assessment Center Exercise.
The maximum achievable score for the written examination shall be equal to but
not exceed the maximum achievable score for each of the remaining exercises.
An Assessment Center Board, comprised of members approved by the
department head, shall administer the Assessment Center Exercise. The Board
members shall award points based on each applicant's performance for each
phase of the exercise. The grade which shall be placed on the eligibility list for
each applicant shall be the sum of all points awarded by an Assessment Center
Board plus written test score, and applicable seniority points.
Department heads will be responsible for the development of the Assessment
Center process for their department which shall be forwarded to the Human
Resources Director for approval.
3.06 NOTIFICATION OF EXAMINATION RESULTS
Each person competing in an examination shall be notified of the rating obtained
on the eligibility list or failure to obtain a place on the list. The results of each
examination shall be posted on a bulletin board located in the main lobby of the
City Hall within twenty-four hours after such examination.
5
RULE 4. ELIGIBILITY LISTS
4.01 RE-EMPLOYMENT RIGHTS
Regular employees ·who are involuntarily separated from the classified service
through no fault of their own shall be placed on a seniority list in order of
seniority. The reinstatement list shall be exhausted before appointments are
made from the eligibility list. In the event a person refuses reinstatement, that
person shall be renioved from the reinstatement list. Those who have been on a
reinstatement list for a period of one year shall be removed from the list.
4.02 ELIGIBILITY LISTS/ENTRY LEVEL
Candidates obtaining a final passing score in examinations for an entry-level
position shall have their names placed on the list for the class for which they are
examined in order of their final earned rating. In the case of a tie in final ratings,
names shall be pla~ed on the list in order of rating earned in the part of the
examination given the greatest weight. Any remaining ties shall be broken by
arranging names in the order in which the applications were received.
4.03 DURATION OF LISTS
All eligibility lists shall remain in existence for one year unless exhausted, and at
the expiration of one year they shall expire and new examinations be given.
4.04 REMOVAL OF NAMES FROM LIST
The name of an eligible on a list may be removed or withheld from certification
for any of the following reasons:
a. Making of a statement by the eligible that he or she is not willing to
accept appointment.
b. Failure to report for duty within the time prescribed by the
department head.
c. Expiration of the eligibility list.
d. Failure to maintain a record of current address and telephone
number with the Human Resources Department.
e. Failure to appear for an employment interview.
6
'_.,..~.,,~_._---~-~-,--~~------
RULE 5. CERTIFICATION, APPOINTMENT AND
PROBATIONARY PERIOD
5.01 VACANCIES
All vacancies in the classified service shall be filled by re-employment,
promotion, original appointment, transfer, or demotion as provided in these rules.
When a vacancy in the classified service is to be filled, the department head shall
submit a requisition for each vacancy to the Human Resources Department. This
requisition shall state the class titles and other appropriate information. Those
eligible shall be certified in strict order of standing on the list. If an eligibility list
does not exist for the vacancy, the Human Resources Department shall conduct
examinations to create an eligibility list receiving the required notification from a
department head 90 days after receiving required notification from a department
head.
5.02 METHOD OF CERTIFICATION
Upon receipt of a requisition for an employee, the Human Resources Department
shall certify the three eligible having the highest ranking on the eligibility list for
the class of the vacancy to be filled. In the event there are less than three names
remaining on a current eligibility list, then the remaining names shall be certified
to the department head. The department head shall appoint the eligible with the
highest qualifying score, except where the department head has a valid reason
for not appointing said eligible, and in such case he shall, before appointment,
file his reasons in writing for rejection of the eligible or those eligible, with the
Human Resources Department.
5.03 APPOINTMENTS
Appointments shall only be made from an eligibility list, except as otherwise
outlined in this rule. If the eligible selected declines the appointment or is unable
to serve, evidence of such refusal or inability shall be transmitted to the Human
Resources Department which shall certify, if so requested, an additional eligible
in place thereof.
a. Emergency Appointments:
In the case of an emergency which could not have been foreseen,
such as but not limited to a flood, tornado, or blizzard, which
requires the immediate employment of one or more persons to
prevent serious impairment of the public business and for which it is
not practical to secure the needed person or persons by
certification for an eligibility list in time to meet the emergency, an
appointing authority may appoint any qualified person while such
7
emergency exists. The department head, with the approval of the
City Manager, shall have the right to determine whether an
emergency actually exists.
b. Reappointment:
In the event that an employee in the classified service terminates
his employment while his status is satisfactory, a department head
may reappoint that employee to an entry level position without
regard to the existence of a current eligibility list and under the
following conditions:
1. That no longer than one year has elapsed since his
termination; and
2. He passes a physical examination as prescribed by the
Human Resources Director; and
3. That a vacancy exists.
Any such employee shall be considered appointed, for all purposes,
as of his new date of appointment.
5.04 PROBATIONARY PERIOD
An employee, upon original appointment to a position in the classified service,
shall serve a probationary period of twelve months. The twelve month probation
shall begin with the first workday following the completion of all formalized basic
training required by the department. The employee shall not have Civil Service
rights until successfully completing such probationary period.
5.05 EXTENSION OF PROBATION
Subject to review and approval by the Human Resources Director, an
employee's probationary period may be extended for a period not to exceed
ninety (90) days. The extension of an employee's probationary period is not
grounds for filing an appeal. The department head may request an extension of
the probationary period when an employee's absence from work for an extended
period of time did not permit an acceptable assessment of performance. If an
extension is granted, the employee will be advised in writing and given the date
on which the extended probation period will be completed.
8
RULE 6. SEPARATIONS AND DISCIPLINARY ACTION
6.01 CAUSE FOR DISCIPLINARY ACTION
Any action which reflects discredit upon the municipal service or is a direct
hindrance to the effective performance of the municipal government functions
shall be considered good cause for disciplinary action against any employee in
the classified service. Circumstances constituting cause for disciplinary action
are listed below, although charges may be based upon cause or complaints other
than those listed:
a. Violation of departmental rules;
b. Violation of a personnel policy of the City;
c. Incompetence, or failure, or inability to perform duties;
d. Insubordination;
e. Violation of the Charter, ordinances, or an order of a supervisor;
and
f. Conduct prejudicial to good order.
6.02 DEMOTIONS
A department head shall have the power to demote any assigned employee for
cause. The affected employee has the right to appeal such action to the
Commission.
6.03 TEMPORARY SUSPENSIONS
A department head shall have the power to temporarily suspend any assigned
employee for cause. Such suspension shall not exceed three normal work
weeks, except employees in the fire fighting service whose temporary
suspension shall not exceed 7 shifts. The affected employee has the right to
appeal such action to the Commission. A supervisor shall have the power to
relieve from duty for the remainder of a work shift any assigned employee for
cause. An employee so relieved of duty shall report to his department head no
later than 8:00 a.m. the next working day.
6.04 INDEFINITE SUSPENSIONS
The department head shall have the power to indefinitely suspend any assigned
employee for cause. The affected employee has the right to appeal such action
to the Commission.
9
RULE 7. APPEALS
7.01 RIGHT TO APPEAL DISCIPLINARY ACTIONS
Employees in the classified service have the right to appeal written promotional
examination questions when an assessment center is not used, disciplinary
indefinite suspensions, temporary suspensions, and demotions.
7.02 NON-DISCIPLINARY ACTIONS
Employment actions such as indefinite suspensions, temporary suspensions and
demotions for non-disciplinary reasons may not be appealed to the Civil Service
Commission. The following are grounds for non-disciplinary actions:
a. Failure to maintain minimùm job requirements
b. Failure to maintain or secure required licenses or certifications
c. Termination due to absence after exhaustion of all paid and unpaid
leave
d. Job abandonment
7.03 PROCEDURE TO FILE APPEAL
The employee's department head shall file a written statement within five (5)
days with the Commission, giving the reasons for such suspension, and furnish a
copy thereof to the employee affected by such act, said copy to be delivered in
person to such suspended officer or employee by said department head. The
statement shall include the action taken and the effective date of such action, the
rule or regulation violated, and the action on the part of the employee that was in
violation of such rules or regulations. The employee will acknowledge receipt of
the statement with his signature and date received. The department head shall
file the statement with the Human Resources Department and shall furnish the
employee with a copy. The employee shall have ten days from the receipt of the
written statement to file an appeal with the Commission. Appeal forms are
available in the Human Resources Department.
The department head, upon receiving a notice of appeal from an employee, shall
contact the Human Resources Department and obtain an appeal number. The
appeal number shall be entered at the top of the appeal form. The department
head shall acknowledge receipt of the appeal form with his signature. The
department head shall make two copies of the original appeal form. One copy is
to be retained by the department head and one copy and the original given to the
employee. The employee must return the original to the Human Resources
Department within the time prescribed in Rule 7.03.
10
The Commission shall hold a hearing and render a decision within thirty days
after said notice of appeal has been filed with the Human Resources
Department. The decision of the Commission shall be rendered in writing and
shall state whether the appeal is upheld, modified, or rescinded. The
Commission shall not have the authority to restore an indefinitely suspended
employee to any rank, position, or classification other than the rank, position or
classification from which the employee was indefinitely suspended. (Charter, Art.
XVII, Section 16)
A decision by the Commission as a result of an appeal hearing is final and
cannot be.further appealed to any agency or office within the City government.
However, an employee may appeal a decision by the Commission to District
Court, Tarrant County, Texas, within ten days from the date of the decision.
District Court shall hear the case and render its decision based upon the
Substantial Evidence Rule.
7.04 PROCEDURE FOR CONTESTED HEARINGS
Either party may request, and subpoenas shall be issued, for any person who
either witnessed the event giving rise to the discipline or who participated in the
investigation of the appellant's conduct, or who, as a person in the appellant's
chain of command, reviewed the report and made recommendations concerning
culpability or level of discipline. No subpoena shall be issued for any person
unless the applicant therefore shall state such person's involvement and what
such person is expected to testify to. No subpoena shall be issued unless
requested at least ten (10) days before the scheduled hearing date.
No subpoenas shall be issued for any person sought only for reputation
testimony or to adduce testimony about conduct of persons other than the
appellant, provided, however, city records concerning discipline may be
subpoenaed and introduced through the Civil Service Director.
In extraordinary situations involving indefinite suspensions in which the appellant
has, prior to requesting subpoenas, waived the thirty (30) day limit for hearings
and requested subpoenas other than as permitted herein, and has stated in
writing the questions which will be asked and testimony which is expected to be
obtained from such witnesses for whom subpoenas would not otherwise be
issued, the Commission shall hear arguments from both sides and shall
determine whether such subpoenas shall be issued. The Commission may
consider any affidavits from such proposed witnesses in deciding whether to
issue such subpoenas.
Subpoenas will be denied if it appears that the purpose thereof is to obfuscate,
unnecessarily delay, or to increase the city's cost by requiring payment for
witnesses whose testimony is irrelevant, repetitious, or of little value in
determining the appeal.
11
Witnesses who fail to appear when subject to subpoenas shall be referred to the
heads of their respective departments for disciplinary action.
Prior to presentation of the testimony, either party may invoke "the rule", which
shall be treated the same as in other civil trials. By invoking the rule, all
witnesses will remain in a room separate from the hearing until called to testify,
and there will be no discussion of the hearing among them.
a. Burden of Proof:
The burden of proof before the Commission will be "by a
preponderance of the evidence". If any party alludes to the burden
being "beyond reasonable doubt" the presiding officer shall correct
the party and remind the Commission of the true burden. The
department head shall have the burden of proof to sustain the
action. The department head shall have the right to open and
close.
b. Opening:
The opening party may make an opening statement and then
present their case. Following the opening statement, the other party
will have the option of making an opening statement or waiting until
that party's case is ready to present.
c. Response:
The responding party may make an opening statement (if the
decision was made to not make such statement earlier), and then
shall present the case.
d. Rebuttal:
Each party shall be entitled to enter rebuttal testimony in the order
of the original presentation.
e. Final Arguments:
The person with burden of proof will be entitled to open and close.
The other party will present argument after the original final
argument.
f. Evidence:
1. Pre-filed. No written testimony shall be considered unless
pre-filed and furnished to the opposing party at least ten (10)
days before the hearing. At least ten (10) days before the
hearing, both sides shall file and furnish to the opposing
party a witness list and a report containing the substance of
the testimony of each witness to be called. Such reports and
evidence may be supplemented, to include rebuttal
witnesses and evidence, if filed at least three days before
12
the hearing and furnished to the opposing party.
2. Live Witnesses. No live witness or testimony shall be
permitted unless included in a report filed as contemplated
by 1. hereof, provided, however, the Commission may, in its
discretion, permit rebuttal witnesses and testimony not
contained in a filed report. No witness shall be questioned
about any matter not identified in a report; provided,
however, unlimited cross-examination will be allowed and
any matter inquired about in cross-examination may be
addressed in redirect. Issues raised in cross-examination
may be addressed by the opposing party to other witnesses,
even if such issues were not identified by the party seeking
to inquire into such matters.
Strict rules of evidence shall not apply, but the presiding officer
shall have discretion to receive or exclude testimony so as to
ensure a fair hearing to both sides.
g. Deliberation:
The deliberations of the Commission shall be private. However, the
decision must be announced in public.
13
-~-'..~"-_.~---_._.--.-..._--
"ATTACHMENT B"
ITEMS REMOVED FROM CIVIL SERVICE RULES
RULE 1. DEFINITION OF TERMS
ADVERSE ACTION
Any action against an employee that results in indefinite or temporary suspension, loss of pay, reduction in pay, pass over
for promotion, a reduction or loss of an employee benefit, or alleged denial of fair and equal consideration regarding all
aspects of employment including the alleged denial of reasonable accommodations or access to public facilities by
employees with a disability.
ALLOCATION
The establishment of a position in a departmental budget.
ANNIVERSARY DATE
The effective date of original appointment or the effective date of the last merit pay increase, whichever is most recent.
APPEAL
A request from an employee for review by the Commission of a decision of management concerning an adverse action
against the employee.
CHARTER
The Charter of the City of North Richland Hills, Texas, and its subsequent amendments and revisions.
CLASS
Onf - more positions sufficiently similar with respect to assigned work duties and responsibilities and that the same
des"--..-Jle experience and training may be required.
CLASSIFICATION
The assignment of a position to an appropriate class.
CLASS SERIES
A sequence of class titles, assembled into a series of two or more levels, that are alike in the kind of work performed, but
not at the same level of assigned work and responsibility.
CLASS TITLE
A brief description of the type of work performed.
ELIGIBLE
A person whose name is on a current eligibility list.
ELIGIBILITY LIST
A list of applicants who are eligible for appointment to a position
in the classified service.
ENTRY LEVEL POSITIONS
A position within a class series that has the lowest maxim um salary in the series. All positions where the essential
functions cannot be reconciled with the essential functions of any position in a lower classification may be considered
entry level.
JOB DESCRIPTION
A written statement of the characteristic essential functions, responsibilities, and qualification requirements that distinguish
one position from another.
LAy _ F
The termination of employment made necessary by reasons not related to fault, delinquency, or misconduct on the part of
the employee.
1
.- ..- ...~_._~.~-~---,-~~------._---
PROBATIONARY PERIOD
A working test period in which the employee is required to demonstrate his fitness by actual performance of the essential
functions of the position to which he is appointed. The twelve month probation shall begin with the first workday following
the ,pletion of all formalized basic training required by the department.
PROMOTION
The reassignment of an employee from one position to another position having a higher maximum salary rate.
PROMOTIONAL POSITIONS
All positions not defined as entry level positions. .
RECLASSIFICATION
The determination that a position be assigned to. a class different from the one to which it was previously classified.
REGULAR EMPLOYEE
An employee who has successfully completed the probationary period requirements for the position.
TRANSFER
The reassignment of an employee from one position or class to another having the same maximum salary rate.
RULE 2. GENERAL PROVISIONS
2.01 UNLAWFUL ACTS PROHIBITED
No person shall willfully or corruptly make any false statement, certificate, mark, rating, or report in regard to any
application for employment, test, certification, or appointment held or made under these rules, ordinance, or City Charter,
or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions
or the rules and regulations made thereunder.
2.04 PROHIBITION OF POLITICAL ACTIVITY
Emr ees while on duty with the City of North Richland Hills shall not be permitted to take active part in any political
activtry of another for an elective position of the City.
2.05 POWERS OF COMMISSION
The Civil Service Commission:
· Shall recommend to the City Council all Civil Service Rules and Regulations for adoption by ordinance.
· Shall make investigations to ascertain compliance with the Civil Service system.
· Shall make annual inspections of institutions, departments, offices, places, positions and employments affected by the
Civil Service System.
· Shall develop recommended classifications for all employees in conjunction with the City Manager and department
heads.
· Shall conduct hearings upon receipt of a qualified appeal.
· Shall make provisions for the conduct and grading of examinations.
· Shall make provisions for physical examinations.
· Shall publish and make available rules and regulations, classifications and seniority lists.
· Shall make periodic reports to Council.
· Shall maintain an open door policy to all Civil Service employees for information concerning the program.
· Shall maintain at all times the proper relationship to the Council and acknowledge that the Commission's function is
limited to conducting a program approved by the Council.
· Shall keep private all personnel records.
· Shall maintain continuous surveillance of other cities, surveys, statistics, and other sources of information necessary
to assure recommendations are adequate to keep this program current.
· Shall resign immediately when circumstances arise that prohibit any commissioner from the faithful, objective and
honest conduct of his appointment, or when unusual circumstances arise which would cause his presence to reduce
the dignity of the Commission.
· Shall uphold the rights of all cited herein.
· .r 'II conduct meetings in accordance with the rules and regulations established by the Commission and/or City
~-Incil.
· Shall in conjunction with the department head determine the ability of an employee to perform the essential functions
2
.'- ~"'.~~~~-~-~~~"~.....'._>-,----_._-
of the position.
· Shall investigate and act on letters of exception to set aside the rules of this program.
· Shall refrain from taking action on petty grievances and from meddling in departmental affairs.
· !=:l1all recommend salary ranges and other benefits for employees to the City Council by June 1 of each year.
· all recommend to the City Council for adoption by ordinance the Rules and Regulations governing promotions. The
City Council shall not change, amend, delete, or alter the Civil Service Rules and Regulations without the
recommendation of the Civil Service Commission.
RULE 3. CLASSIFICATION PLAN
3.01 GENERAL PROVISIONS
A position classification plan based upon and graded according to assigned work duties and responsibilities shall be
developed by the Commission in conjunction with the City Manager and department heads, and maintained by the Human
Resource Department to provide standardization and the proper classification of all positions in the classified service of
the City. The classification plan shall include:
a. An outline of classes of positions in the classified service arranged in appropriate occupational groups.
b. Job descriptions developed by department heads and approved by the City Manager.
3.02 PURPOSE OF THE CLASSIFICATION PLAN
a. To provide the same salary range for all positions that are similar with respect to assigned work duties
and responsibilities.
b. To establish educational and work experience qualifications and standards for recruiting, testing, and
other selection purposes.
c. To provide meaningful titles for all positions.
d. To provide appointing authorities with a means of analyzing work distribution, areas of responsibility, lines
of authority, and other relevant relationships between individual and groups of positions.
e. To provide a basis for standards of work performance.
f. To establish lines of promotional opportunity.
g. To provide the fundamental basis of the compensation program and other Civil Service system aspects of
the personnel program.
3.03 CLASSIFICATION OF POSITIONS
a. The Civil Service Commission shall develop recommended classifications for all Civil Service positions in
conjunction with the City Manager and department heads. Positions shall be assigned to a specific class
when:
1. The same descriptive title may be used to designate each position in the class; and
2. The same kinds and levels of work, education, experience, knowledge, ability, skills and other
qualifications may be required of incumbents; and
3. Similar tests of fitness may be used to examine and rank incumbents; and
4. The same range of compensation will apply equally under substantially the same general
employment conditions.
b. All classes of positions involving the same character of work but differing as to level of difficulty and
responsibility shall be assembled into a class series of two or more levels.
c. In allocating any position to a class, the class job description shall be considered as a whole. The
examples set forth in job descriptions shall not be construed to be all inclusive or restrictive.
d. Department heads may, in case of emergency, temporarily designate a person from a lower position to fill
a position in a higher classification. Any employee temporarily assigned to a higher classification for a
period of at least one week shall be compensated at the approved salary rate for such higher
classification while performing such duties. Provided, however, the temporary assignment of any
employee to a higher classification shall not be construed to promote such person, and further provided
such temporary assignments shall not exceed ninety days in duration.
3.04 JOB DESCRIPTIONS
The Human Resource Department shall maintain a master set of all approved job descriptions. Such job descriptions shall
constitute the official job descriptions in the classification plan. The Human Resource Department shall provide each
department head and appointing authority with a set of the job descriptions for the position classification plan. Such job
desC' ;ons, in the Human Resource Department, shall be open for inspection by employees, interested individuals, and
the ptnJlic under reasonable conditions during regular business hours.
a. Nature of Job Description: Job descriptions are descriptive only and not restrictive. They are intended to
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_."._~.~--,-.._--------------------
indicate the kinds of positions that are to be assigned to the respective classes as determined by their
essential functions and responsibilities, and shall not be held to exclude those duties and responsibilities
which are not specifically mentioned, but are similar as to kind and level.
b. Interpretation of Job Descriptions: In determining the class to which any position shall be assigned, the job
description for each class shall be considered as a whole. The jOb descriptions are not to be construed as
declaring what the duties or responsibilities of any position may be, or as limiting or modifying the power of
any department head to assign, direct, and control the work of employees under his supervision.
3.05 USE IN SELECTION PROCESS
The job description for any class shall constitute the basis and source of authority for the recruitment of applicants; for
tests to be included in the examination for the class; and for the evaluation of the qualifications of candidates.
3.06 USE OF CLASS TITLES
The class title shall be the official title of every position assigned to the class for the purpose of personnel actions and
shall be used on all payrolls, budget estimates, and official records.
3.07 EFFECT OF CLASSIFICATION CHANGES ON INCUMBENT
a. Whenever the title of a class is changed without a change in duties and responsibilities, the incumbent shall
have the same status in the re-titled class as in the former class.
b. When a position is reclassified to a class with a higher maximum salary rate, the department head, with the
approval of the City Manager, may provide the incumbent of the position the same status in the new class as
he had in the former class, only if:
1. The reason for the reclassification of the position is the accretion of new duties and
responsibilities; and
2. Such accretion of duties has taken place during the incumbency of the present incumbent in said
position; and
3. The added duties and responsibilities upon which the reclassification is based could not
reasonably have been assigned to any other position; and
5. The employee occupying a position which has been reclassified shall continue in the position only if
he possesses the qualifications of training and experience required for such classification.
RULE 4. APPLICATIONS AND APPLICANTS
4.01 ANNOUNCEMENT OF EXAMINATIONS
Notice of all examinations for appointment to positions in the classified service or promotional examinations shall be
posted ten days in advance of the date of the examination in the Human Resource Department and main lobby of the City
Hall. Notice of all examinations for promotion in the classified service shall also be posted in the various work stations or
departments in which the position is to be filled. The announcements shall specify the class title and salary range of the
class for which the examination is announced; the nature of work to be performed; the minimum qualifications required for
performance of work of the class; the time, place, and manner of application; the closing date for receiving applications;
and other pertinent information. For those classes for which there is to be continuous recruitment, a statement shall be
included in the announcement to the effect that applications will be received until further notice.
4.02 APPLICATION FORM
All applications for positions of original appointment shall be made on the prescribed forms and shall be filed with the
Human Resource Department on or prior to the closing date specified in the announcement. All applications shall be
signed and the truth of the statements contained therein certified by such signature.
4.03 DISQUALIFICATION
The department head may refuse to examine an applicant, or after examination may disqualify such applicant or may take
steps to remove such person already appointed if the person:
a. Does not meet the preliminary requirements established for the pertinent class.
b. Is so physically or mentally disabled as to prevent the person from performing the essential functions of
the position with reasonable accommodations.
c. Is addicted to the use of narcotics or the habitual use of intoxicating liquors to excess.
d. Has made a false statement in the application.
e. Has used or attempted to use political pressure or bribery to secure an advantage in the examination.
f. Has directly or indirectly obtained information regarding the examination to which an applicant was not
entitled.
g. Has failed to submit the application and any required supplemental information correctly or within the
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prescribed time limits.
h. Has taken part in the compilation, administration, or correction of the examination for which he or she is
an applicant.
i. Has previously been dismissed from a position in the municipal service for cause or has resigned while
charges for dismissal for cause were pending.
j. Has otherwise willfully violated the provisions of these rules.
k. Has established an unsatisfactory employment or personnel record as evidenced by reference check of
such a nature as to demonstrate unsuitability for employment.
I. Has taken for another or allowed another to take all or part of any examination, or has been found
cheating in any other way on an examination.
m. Does not acquire or maintain appropriate drivers license for the position; does not remain eligible as an
insured driver under the City's current management policy, where the position requires the operation of a
City vehicle.
Whenever an application is rejected, notice of such rejection shall be given to the applicant. Applications, whether
accepted or rejected, shall remain on file and shall not be returned.
4.04 AGE REQUIREMENTS
No person under eighteen years of age shall take any entrance examination for the classified service.
4.05 NEPOTISM
No person related within the third degree by blood or marriage to the Mayor, any Council Member, or City Manager shall
be appointed to any position in the classified service.
Persons related within the third degree by blood or marriage to the Deputy City Manager, Assistant City Manager, a
department head, the departmental second-in-command, or a Human Resource employee shall be disqualified for initial
employment with the City.
RULE 5. EXAMINATIONS
5.01 ELIGIBILITY TO COMPETE IN EXAMINATIONS
a. Open competitive examinations designed to establish eligibility lists will be open to any person who may
be lawfully appointed to a position in the class concerned, and who appears to meet the qualifications and
other requirements for the class as set forth in the examination announcement.
5.07 MEDICAL EXAMINATIONS
Appropriate physical examinations related to the performance of the essential functions of a position shall be required of
all applicants prior to original appointment in the service and the examinations shall be given by a physician appointed by
the City Manager and paid by the City. The City will make reasonable accommodations to the known physical or mental
limitations of an otherwise qualified applicant or employee with a disability unless to do so would impose an undue
hardship on the operation of the City's business. In the event of rejection by such physician, the applicant may call for
further examination by a board of three physicians appointed by the Commission Director of Human Resources, but at the
expense of the applicant and whose findings shall be final.
RULE 7.
CERTIFICATION, APPOINTMENT AND PROBATIONARY PERIOD
7.01 VACANCIES
If an eligibility list does not exist for the vacancy, the Human Resources Department shall conduct examinations to create
an eligibility list receiving the required notification from a department head thirty days after receiving required notification
from a department head.
RULE 8. COMPENSATION
8.01 STANDARDS FOR DETERMINATION OF SALARY RANGES
Classified positions shall be assigned to pay grades with each pay grade having a minimum and maximum rate of pay.
The ~ '''imum salaries established for each pay grade shall be considered the beginning salary for persons of original
appú,__ /lent only. However, original appointment above the approved entry level rate may be made upon the
recommendation of the department head and approved by the City Manager.
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The Commission shall recommend to the City Council by June 1st of each year the salary ranges for each pay grade for
the next fiscal year.
The salaries of incumbents whose position has been assigned to a pay grade shall be based upon the recommendation of
the )artment head and the approval of the City Manager, provided the approved salary falls within the minimum and
maXTmum salary limits established for the incumbents' pay grade.
8.02 SALARY ADJUSTMENTS
Department heads may request salary adjustments at any time provided any of the following conditions are met:
a. The employee merits an increase on the basis of
meritorious service and efficiency but never more
frequent than once in a twelve month period; or
b. The department head provides evidence that there is a shortage of qualified persons for a particular
position, necessitating a higher salary than the entry level salary for the position.
The submittal must be fully documented by the department head and the requisition for increase or adjustment is to be
approved by the City Manager.
8.03 OVERTIME AND COMPENSATORY TIME
All overtime or arrangement for overtime work shall be approved by the department head. Employees in all classes,
except Fire Fighting personnel, will receive pay equal to one and one-half times their normal rate for work in excess of a
forty hour work week.
Sworn fire personnel shall receive pay equal to one and one-half time~ their normal rate for work in excess of 212 hours
during a 28-day work cycle.
With the approval of the department head, employees may be granted equivalent compensatory time off in lieu of cash
com pensation for overtime work. .
8.04 LONGEVITY
Sworn Police and Fire personnel shall receive, in addition to their regular salary, tenure awards in the amounts specified
by 1 IS law.
RULE 9. HOURS OF WORK, LEAVES OF ABSENSE, & OTHER BENEFITS
9.01 HOURS OF WORK
Regular working hours for all full-time employees shall be forty hours each week, which shall be the standard workweek,
except as otherwise provided herein. Regular working hours of the fire fighting service shall be an annual average of fifty-
six hours each week.
9.02 HOLIDAYS
All regular employees in the classified service shall receive their regular compensation for the following holidays:
New Year's Day: January 1st
Memorial Day: Last Monday in May
Independence Day: July 4th
Labor Day: First Monday in September
Thanksgiving: Fourth Thursday & Friday in November
Christmas Day: December 25th
If a holiday falls on Saturday, the holiday will be observed the preceding Friday. If the holiday falls on Sunday, the holiday
will be observed on the following Monday.
Employees shall also receive a floating holiday and their birthday as two personal holidays. Employees may choose the
dates to observe their personal holidays, with departmental approval. Personal holidays must be taken within one year
from the date they are earned.
9.03 VACATION LEAVE
a. Each regular full-time employee in the classified service, shall receive vacation leave credit annually as
follows:
After 1 year of service: Two weeks*
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After 3 years of service: Three weeks
After 8 years of service: Four weeks
After 20 years of service: Five weeks
*Sworn Police and Fire personnel will earn 3 weeks paid vacation starting with the completion of one year of service. The
bal ~ of their vacation schedule remains the same as other employees.
For the purpose of this section, a week shall be defined as a normal workweek for all employees in each of the designated
classifications.
b.
c.
Regular part-time employees who are budgeted at least twenty hours a week shall receive pro-rated
vacation leave credit on the basis of hours actually budgeted.
Example: A 20-hour/week employee will earn vacation leave at 1/2 the rate established for full-time
employees.
Fire fighting personnel assigned to a 56-hour workweek shall receive vacation leave credit annually as
follows:
After 1 years of service: 7 shifts
After 8 years of service: 10 shifts
After 20 years of service: 12 shifts
Employees may accrue vacation leave credit to a total of two consecutive years total upon the written
recommendation of the department head and approved by the City Manager.
d.
9.04 SICK LEAVE
a. Regular full-time employees in the classified service shall earn ten hours of sick leave credit with pay for
each full month of employment in the service but may not use any sick leave hours until the completion of
six months of servic~. At the completion of six months of service, absence from duty due to illness will be
charged against the employee's accumulated sick leave for the actual hours the employee was absent
provided proper notification of such absence was given by the employee to his supervisor.
b. Regular part-time employees who are budgeted at least twenty hours a week shall earn sick leave credit
but the amount of sick leave credit earned shall be prorated on the basis of hours actually budgeted.
c. Sick leave with pay 'shall be granted for absence from duty for actual personal illness or to keep a doctor
or dentist appointment, or for illness or death of a member of the employee's immediate family. For the
purpose of this section, immediate family shall mean husband, wife, parents, children, brother, sister,
grandparents, grandchildren, mother-in-law, father-in-law, brother-in-law, sister-in-law. This section shall
not prevent the department head from granting sick leave for any absence by an employee when the
circumstances of the absence would justify such action.
d. Absences with pay from duty by an employee due to personal business shall be charged against the
employee's accumulated sick leave, up to a maximum of twenty-four hours during each calendar year.
Justification for granting personal business absences with pay shall be the responsibility of the
department head who shall have the authority to grant such absences.
e. When an employee finds it necessary to be absent for any reason, his department head or supervisor
shall be notified by the employee not later than thirty minutes prior to the regular time for reporting to
work, if a relief employee is required. All other employees shall notify their department head or supervisor
within one hour following the regular time for reporting to work. Failure to fulfill these requirements may
result in the denial of sick leave.
f. In all cases, the decision to grant sick leave or personal business absences with pay rests with the
employee's department head.
g. Upon leaving the service, an employee shall not be compensated for unused sick leave or personal
business leave. Provided however, employees who retire shall be permitted to convert up to thirty days of
accumulated sick leave to vacation leave to be used for the six week period immediately preceding their
retirement. For the purpose of this subsection, an employee shall be considered retired who terminates
employment after completing twenty years of continuous service with the City, or who retires under the
Texas Municipal Retirement System.
h. Sick leave with pay may be accumulated without a maximum limit to be used in case of a bonafide illness
or non-compensable injury.
i. The beneficiaries of 40-hour work week employees shall receive a maximum of ninety days (720 hours)
of the deceased employee's accumulated sick leave. The beneficiary or beneficiaries of deceased
employees who were assigned to a 56-hour workweek shall be paid for accumulated sick leave to a
maximum of 1008 hours.
9.05 WORKERS' COMPENSATION
a. Employees in the classified service who are injured on the job are covered by Workers' Compensation
and shall be granted occupational disability or injury leave, not charged against his sick leave or vacation.
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Employees shall endorse Workers' Compensation checks and remit any such check to the City. Should
an employee fail to remit workers' compensation funds to the City, the employee's paycheck shall be
reduced by the amount of the Workers' Compensation check. Death benefits are exempt from this
requirement.
b. When an employee is injured on the job, the employee must immediately notify his foreman or supervisor.
A "First Report of Injury or Illness" report must be submitted to the Human Resource Department by the
employees' supervisor prior to the end of the next regular working day following the date of such injury or
illness. Failure to submit the report may disqualify the employee from being eligible for workers'
compensation.
c. Employees injured on the job shall be entitled to receive their full pay for periods of time according to the
following schedule and provided the proper notification of the injury has been made to Human Resources:
1. Full pay shall be paid to the employee for thirty days following the first day absent due to an
injury occurring while on the job. The thirty days with full pay shall be accumulative of all time
lost that's related to the same injury.
2. The City Manager, upon the recommendation of the injured employees' department head,
may extend full pay to the employee for a period not to exceed six months of accumulative
absences from the first day absent due to such injury.
3. The City Manager may further extend full or reduced pay to the employee for a period not to
exceed one year of accumulative absences from the first day absent due to such injury or
may refer the matter to the City Council for action.
4. The department head and the Human Resource Department shall investigate the injured
employee's progress to determine whether a recommendation should be made to extend full-
pay beyond the initial thirty day period.
9.06 MILITARY TRAINING LEAVE OF ABSENCE
All employees of the City who are members of the National Guard or any of the Reserve components of the Armed Forces
of the United States shall be entitled to a maximum of fifteen calendar days leave of absence with full pay in anyone fiscal
year when ordered by proper authority to duty for the purpose of training or instruction. Employees shall be on leave
without pay for any such absences in excess of fifteen days in one fiscal year.
9.07 JURY DUTY
Wh( n employee is required to serve on a jury the employee will receive full-pay for such absence from duty and will
not De required to report for duty with the City. The employee must advise the department head of jury service
immediately upon notification.
9.08 LEAVE WITHOUT PAY
Leaves of absence without pay may be granted to regular employees by a department head, subject to approval by the
City Manager, for a period not to exceed three months. Upon expiration of leave without pay, the employee shall return to
work in the position held at the time leave was granted. Failure without good cause of the employee on leave to report
promptly when the leave has expired shall be considered as a resignation.
During leave without pay, the employee must remit to the City the funds necessary to cover personal expenses that would
otherwise be paid by payroll deduction (e.g., dependent's insurance premiums, deposits to deferred compensation, etc.).
The employees' benefits will continue to accrue during such authorized leaves without pay.
9.09 ABSENCE WITHOUT LEAVE
Any unauthorized absence of an employee shall be grounds for disciplinary action by the department head. Any employee
who is absent for three days without authorized leave shall be deemed to have resigned. However, where extenuating
circumstances exist, the department head has the authority to grant subsequent leave to cover such unauthorized
absences.
9.10 TUITION REIMBURSEMENT
The City will reimburse an employee the cost of tuition and books. Reimbursement will be made at the completion of a
semester for the cost of the subject(s) where the employee achieved a grade of "C" or higher. The employee must present
paid receipts and proof of achieved grade(s) to his department head to be processed.
Reimbursement will be made under these conditions:
a. Courses are taken from an accredited college, university, or junior college.
b. Courses are approved by the department head.
:. Funds are available.
Reimbursement will not be made for any cost covered by another governmental agency, special grants or scholarships.
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9.11 HEALTH AND LIFE INSURANCE
Health, dental, and life insurance coverage is provided by the City for regular employees who are budgeted a minimum of
twenty hours a week. Employees are automatically enrolled upon employment. The City pays all costs for employee
coy }e. Dependent health and dental coverage is available at the expense of the employee. Specific benefits are
pro'Ìltred in the policy.
9.12 MATERNITY LEAVE
Maternity shall be treated as any other non-duty temporary
disability covered under the rules pertaining to sick leave and the Family Medical Leave Act.
9.13 FAMILY AND MEDICAL LEAVE ACT (FMLA)
FMLA leave is provided in compliance with the Family and Medical Leave Act of 1993, as adopted by Ordinance 1948.
a. Eligibility:
An employee is eligible for FMLA leave if the employee is employed at a work site where 50 or more City
employees work within 75 miles of that work site and has been employed by the City:
1. for at least 12 months; and
2. for at least 1,250 hours of service during the previous 12-month period.
b. Entitlement, Calculation; Purposes
An employee who is eligible for FMLA leave, may take a total of 12 work weeks of leave during a 12-
month period measured forward from the date the employee takes the first day of FMLA leave, for one or
more of the following purposes:
1. To care for a newborn child of the employee;
2. To care for a child newly placed with the employee for adoption or foster care;
3. To care for the spouse, child, or parent of the employee, if the spouse, child, or parent has a
serious health condition; or
4. Because of a serious health condition that makes the employee unable to perform the functions
of the employee's position.
c. Expiration of Entitlement to Leave
Entitlement to FMLA under Subsection (b) (1) or (b) (2) for the birth or placement of a child expires at the
end of the 12-month period beginning on the date of the birth or placement.
d. Leave Taken Intermittently or on a Reduced Leave Schedule
1. Leave taken under Subsection (b) (1) or (b) (2) may not be taken intermittently or on a reduced leave
schedule. Leave under Subsection (b) (3) or (b) (4) may be taken intermittently or on a reduced
leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave
schedule pursuant to this paragraph shall not result in a reduction in the total amount of leave to
which the employee is entitled under Subsection (b).
2. If an employee requests intermittent leave or leave on a reduced schedule, the City may require the
employee to transfer temporarily to an available alternative position for which the employee is
qualified and that:
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave than the regular employment position of the
employee.
e. Exhaustion Paid Leave
An employee who takes FMLA leave must exhaust accrued vacation leave for leave provided under
Subsection (b) (1), (b) (2), or (b) (3), as part of the 12-week entitlement period, before beginning leave
without pay status. An employee who takes FMLA leave must substitute and exhaust accrued sick leave
provided under Subsection(b) (4), as part of the 12-week entitlement period, before beginning leave
without pay status.
f. Obligations of Employee
1. When the necessity for FMLA leave under Subsection (b) (1) or (b) (2) is foreseeable because of an
expected birth or placement, the employee shall provide the employee's supervisor with not less than
30 days' notice, before the date the leave is to begin, of the employee's intention to take FMLA leave.
If the date of the birth or placement requires leave to begin in less than 30 days, the employee shall
provide notice as soon as practicable.
2. When the necessity for FMLA leave under Subsection (b) (3) or (b) (4) is foreseeable because of
planned medical treatment, the employee:
(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the
operation of the City, subject to the approval of the health care provider; and
(B) shall provide the employee's supervisor with not less than 30 days' notice, before the date the
leave is to begin; except, that if the date of the treatment requires leave to begin in less than 30
9
days, the employee shall provide the notice as soon as practicable.
g. Spouses Employed by the City
If a husband and wife are both employed by the City, the aggregate number of work weeks of FMLA leave
to which both are entitled is limited to 12 work weeks during any 12-month period, if the leave is taken:
1. to care for a child under Subsection (b) (1) or (b) (2); or
2. to care for a sick parent under Subsection (b) (3).
h. Certification
1. The City Manager may require FMLA leave under Subsection (b) (3) or (b) (4) to be supported by a
certification issued by the health care provider of the employee or the child, spouse, or parent of the
employee. A certification must be furnished in a timely manner when requested. A certification is
sufficient if it states:
(A) the date on which the serious health condition commenced;
(B) the probable duration of the condition;
(C) the appropriate medical facts within the knowledge of the health care provider regarding the
condition;
(D) for purposes of leave under Subsection (b) (3), a statement that the'eligible employee is needed
to care for the child, spouse, or parent; and an estimate of the amount of time that the employee
is needed to care for the child, spouse, or parent; and for the purposes of leave under
Subsection (b) (4), a statement that the employee is unable to perform the functions of the
position of the employee;
(E) in the case of certification for intermittent leave or leave on a reduced leave schedule for
planned medical treatment, the dates on which the treatment is expected to be given and the
duration of the treatment;
(F) in the case of certification for intermittent leave, or leave on a redl,lced leave schedule, under
Subsection (b) (4), a statement of the medical necessity for the intermittent leave or leave on a
reduced leave schedule, and the expected duration of the intermittent leave or reduced leave
schedule; and .
(G) in the case of certification for intermittent leave, or leave on a reduced leave schedule, under
Subsection (b) (3), a statement that the employee's intermittent leave or leave on a reduced
leave schedule is necessary for the care of the child, spouse, or parent who has a serious
health condition, or will assist in their recovery, and the expected duration and schedule of the
intermittent leave or reduced leave schedule.
2. If the City has reason to doubt the validity of the certification provided under Subsection (h) (1), for
leave under Subsection (b) (3) or (b) (4), the City may require, at the expense of the City, that the
employee obtain the opinion of a second health care provider designated or approved by the City
concerning any information certified under Subsection (h) (1). A health care provider designated or
approved under this paragraph may not be employed on a regular basis by the City.
3. If the second opinion described in paragraph (2) differs from the opinion in the original certification
provided under Subsection (h) (1), the City may require, at the expense of the City, that the employee
obtain the opinion of a third health care provider designated or approved jointly by the City and the
employee concerning the information certified under Subsection (h) (2). The opinion of the third
health care provider concerning the information certified under Subsection (h) (2) is final and binding
on the City and the employee.
i. Health Benefits
The City will provide health benefits to an employee while on FMLA leave at the level and under the
conditions benefits would have been provided if the employee had continued in employment for the
duration of the leave. The City may recover the cost that the City paid for the health benefits during the
period of unpaid leave if:
1. the employee fails to return to work after the period of leave to which the employee is entitled has
expired; and
2. the employee fails to return to work for a reason other than:
(A) the continuation, recurrence, or onset of a serious health condition that entitles the employee to
leave under Subsection (b) (3) or (b) (4); or
(B) other circumstances beyond the control of the employee.
RULE 10. SEPARATIONS AND DISCIPLINARY ACTION
10.0'1 CAUSE FOR DISCIPLINARY ACTION
a. Habitual use of alcoholic beverages to excess, public drunkenness, or the illegal use of narcotics.
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b. Conviction of a felony, Class A or Class B misdemeanor or crime involving moral turpitude or infamous or
disgraceful conduct.
c. The taking of intoxicating beverages, or intoxication while on duty.
d. Use of abusive or improper treatment to a person in custody, provided the act committed was not
necessarily or lawfully done in self-defense or to protect the lives of others, or to prevent the escape of
person lawfully in custody.
e. Offensive conduct or language toward the public or toward City officers or employees.
f. Insubordination.
g. Incompetence or inability to perform the duties required.
h. Intentional damage or negligence in the care and handling of City property.
i. Violation of any lawful and reasonable official regulation made or given by a superior, where such
violation or failure to obey amounted to an act of insubordination or a serious breach of proper discipline,
or resulted, or might reasonably have been expected toresult, in loss or injury to the City or to the public.
j. Commission of acts or omissions unbecoming an incumbent of the particular office or position held,
which render his reprimand, suspension, demotion, or discharge necessary or desirable for the
economical or efficient conduct of the business of the City or for the best interest of the municipal
government.
k. Willful violation of any of the provisions of the Charter, ordinances or any administrative regulation of a
superior.
I. Inducing or attempting to induce any officer or employee in the municipal service to commit an illegal act,
to act in violation of any lawful and reasonable departmental or official regulation or order, or to
participate therein.
m. Solicitation or receipt from any person of, ·or participation in any fee, gift, or other valuable thing that is
given in the hope or expectation of rec~iving a favor or better treatment than that accorded other
persons.
n. Use or attempted use of political influence or bribery to secure an advantage in an examination or
promotion. .
o. Failure to pay just debts due or owing or failure to make reasonable provision for the future payment of
such debts, thereby causing annoyance to the City, superiors, embarrassment to the City, supervisors, or
embarrassment to the service.
p. Absence for duty, without leave, contrary to these rules, or failure to report after leave of absence has
expired or after such leave of absence has been disapproved or revoked and canceled by the proper
authority.
10.05 PROBATIONARY, TEMPORARY, AND PART-TIME EMPLOYEES
Probationary, temporary, and regular part-time employees who are budgeted less than twenty hours per week are non-
classified and have no appeal rights with the Civil Service Commission.
RULE 11. APPEALS
11.01 GENERAL PROVISIONS
A regular employee in the classified service has the right to appeal to the Civil Service Commission any adverse action
taken against the employee. Adverse actions are defined as actions that would result in loss of pay, reduction in pay, pass
over for promotion, reduction or loss of an employee benefit, or the alleged denial of fair and equal consideration
regarding all aspects of employment including the alleged denial of reasonable accommodation or access to public
facilities by handicapped employees.
RULE 12.
PERFORMANCE STANDARDS & EMPLOYEE EVALUATION
12.01 PERFORMANCE STANDARDS
Standards for evaluating each employee shall be developed by the department heads and the City Manager. The
evaluation of an employee in relation to the performance standards set forth should take into consideration the length of
time the employee has served in his current classification.
12.02 EMPLOYEE EVALUATIONS
a. Performance evaluations shall be conducted at six month intervals from the employee's date of original
appointment. If an employee's merit eligibility date is different than the date of original appointment (e.g.
reclassification, promotion, etc.), then the performance evaluations shall be conducted at six month
intervals following the employee's merit date. Annual evaluations are due in the
11
Human Resource Department no later than one month prior to the employee's merit eligibility date.
b. Evaluations shall be conducted on forms developed by the Human Resource Department in conjunction
with department heads and approved by the City Manager. Such form shall be standard and adaptable to
each position in the classified service.
c. Two successive unsatisfactory semi-annual performance evaluations for any employee shall be
considered prima facie evidence of the employees' unsuitability for the position and shall be deemed
good cause for termination of such employee.
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"ATTACHMENT C"
ITEMS ADDED TO THE CIVIL SERVICE RULES
RULE 5. CERTIFICATION, APPOINTMENT AND PROBATIONARY PERIOD
5.05 EXTENSION OF PROBATION
Subject to review and approval by the Human Resources Director, an employee's probationary period may be extended
for a period not to exceed ninety (90) days. The extension of an employee's probationary period is not grounds for filing
an appeal. The department head may request an extension of the probationary period when an employee's absence from
work for an extended period of time did not permit an acceptable assessment of performance. If an extension is granted,
the employee will be advised in writing an given the date on which the extended probation period will be completed.
RULE 7.
APPEALS
7.01 GENERAL PROVISIONS
Employees in the classified service have the right to appeal written promotional examination questions when an
assessment center is not used, disciplinary indefinite suspensions, temporary suspensions, and demotions.
7.02 NON-DISCIPLINARY ACTIONS
Employment actions such as indefinite suspensions, temporary suspensions and demotions for non-disciplinary reasons
may not be appealed to the Civil Service Commission. The following are grounds for non-disciplinary actions:
a. Failure to maintain minimum job requirements
b. Failure to maintain or secure required licenses or certifications
c. Termination due to absence after exhaustion of all paid and unpaid leave
d. Job abandonment
13
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.,,-
CITY OF
NORTH RICHLAND HILLS
- Department: Public Works
Council Meeting Date: 2/23/2004
Subject: Approve the WaivinQ of Street Escrow Fees alonQ North Agenda Number: GN 2004-015
Tarrant Parkway for Brandonwood Estates, Phase III
lots 1-10, Block 11 in return for Dedication of Park land
The final plat of Brandonwood Estates, Phase III, Lots 1-10, Block 11 was approved during
the February 9, 2004 City Council Meeting (PS2003-57). This plat is located along an
unimproved section of North Tarrant Parkway. Since North Tarrant Parkway is considered
a "perimeter street" the developer is required to either improve one-half of the street or pay
the City the estimated cost associated with the required improvements to be placed in
escrow.
At the February 9, 2004 meeting, consideration was being made to waive street escrow
fees along North Tarrant Parkway adjacent to these plats. The waiver was being
requested since the developer had dedicated street right-of-way for North Tarrant
Parkway. However, a question arose concerning the dedication of 15.68 acres of the land
located in the Thomas Peck Survey, Abstract 1210 and the S. Richardson Survey,
Abstract 1266 (Attachment A) to be used as a City Park and open space. With the matter
undetermined, Council took action to approve the plat, but not approve the waiver of the
street escrow fees.
Since the February 9, 2004 meeting, the City Manager has met with the developer
concerning the street escrow issue and the park land dedication. The developer has
stated that he will dedicate the park land with the understanding that the City will waive all
current Nort,h Tarrant Parkway street escrow fees associated with this plat. The developer
has informed Staff that he has signed the park dedication deed as of February 18, 2004,
but City Staff had not received it as of the writing of these comments.
Staff believes this is a reasonable request to waive the escrow when the park dedication is
received.
Recommendation: To accept the offer from the developer and waive all of the current
street escrow fees for North Tarrant Parkway associated with this plat when the 15 acres
of park land has been dedicated to the City.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget '
Other (() /
-)1A.tiC;-t; ~ h ì
Department Head Signature
Finance Review
Account Number
Sufficient Funds AvallaDle
Finance Director
~
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Page 1 of_
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CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation
Council Meeting Date: 02/23/04
Subject: Award of Contract to Blank Slate in the Amount of $35,000 Agenda Number: PU 2004-012
for Creative Advertising for NRH20 Family Water Park -
Resolution No. 2004-015
The 2004 season is a significant time for NRH20. Not only is the park entering its tenth
season of operation, we are also opening a new family attraction, Professor Frogstein's
Splashatory. With the ever-changing market and a new attraction coming online, it is more
important than ever to have a strong marketing campaign promoting the water park. To
accomplish this goal, NRH20 has retained the services of an Advertising Agency to assist in
the development of all radio, television and print advertising as well as coordination of the
media buy. The park also employs a Marketing Specialist who works with the advertising
agency and coordinates all advertising placements and special events/promotions for the
park. This position spends half its time working on NRH20 programs and the other half
working on marketing opportunities for the entire Parks and Recreation Department.
For the past six years, NRH20 has used the Todd Company to design and produce all of our
print, TV and radio advertisements. While the Todd Company continues to provide excellent
media buys and has given us successful campaigns in the past, we chose to examine other
agenci~s to ensure that we keep producing fresh, first-rate advertising campaigns. In order to
continue to differentiate ourselves from the new community leisure pools and other
competition in the area, it is necessary that our marketing and advertising campaigns remain
up-to-date and competitive in the marketplace.
On behalf of NRH20, the City sent an RFP to ten agencies in November and received
proposals from four agencies. A committee of four staff members including Jenny Mabry,
Communications Director, Jim Browne, Director of Parks and Recreation, Chris Swartz, Park
Manager, and Elizabeth Copeland, Marketing Specialist, interviewed all four agencies in
January 2004 and reviewed their capabilities. Based on these interviews and a thorough
review of the proposals received, the committee recommends awarding the Creative contract
to Blank Slate based on their experience, qualifications and capabilities.
Finance Review
\w
~~~
Department Head Signature
Budget Director
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
.-Finance Director
Page 1 of 2
-'
I
..
CITY OF
NORTH RICHLAND HILLS
Blank Slate, an advertising agency based out of Dallas, has a great deal of experience
creating strategic and original advertising campaigns for professional sports teams such as
the Texas Rangers, Houston Rockets and Houston Comets. While sports teams are not
exactly the same product as water parks, many similarities exist between the two
entertainment industries. A unique asset that Blank Slate has that brings the amusement
park perspective to the agency is Kristen Herring, an account manager at Blank Slate, who
has past experience working in the Marketing department at Six Flags. The employees at
the agency have all been in the advertising and marketing industry for years, working for
large agencies such as the Richards Group. Along with the knowledge gained at the larger
agencies, Blank Slate brings with them important contacts in the industry as well as a host
of creative ideas. Blank Slate's fresh and creative approach to advertising will bring new,
innovative ideas to NRH20's advertising.
Staff has negotiated a fee with Blank Slate in the amount of $35,000 which includes the
on-park brochure design, off-park brochure design, group sales brochure design, TV
advertisement (not including production costs), radio advertisement (not including
production costs), web site updates, in-theatre advertisement, newspaper print
advertisements, local magazine/publication advertisements, book cover design, media kit
design, coloring contest for local grocery stores, and overseeing all photography and video
shoots. This fee is within the available funding as allocated in the currently approved
NRH20 marketing budget.
Recommendation: To award the creative content contract to Blank Slate in the amount of
$35,000 and approve Resolution No. 2004-015 authorizing the City Manager to execute
the contract.
CITY COUNCIL ACTION ITEM
Page 2 of 2
RESOLUTION No. 2004-015
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
The City Manager is hereby authorized to execute the Contract with Blank Slate for
Creative Advertising for NRH20 Family Water Park, as act and deed of the City.
PASSED AND APPROVED this 23rd day of February 2004.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
~~
Jim Browne, Director of Parks & Recreation
CITY OF
NORTH RICHLAND HILLS
\.....
Department: Support Services / Finance
Council Meeting Date: 02/23/2004
Subject: Award Bid for Sewer CleaninQ Truck to Fort Worth
Freightliner in the Amount of $198,000
Agenda Number: PU 2004-014
In the 2003/2004 CIP Budget, Council appropriated funds for the purchase of a new sewer
cleaning truck to be used by the Public Works Utility Division. The two leading
manufacturers of sewer cleaning equipment are Vactor and Vac-Con. Both manufacturers
market their equipment through various truck dealers. Once the sewer cleaning equipment
is built to meet specifications it is then assembled on a truck chassis that also must meet
'the specifications. Formal bids were solicited and the results are outlined below.
Grande Ford Truck Sales
Masters International
Fort Worth Freightliner
Fort Worth Freightliner
$177,179 (Vactor does not meet specifications)
$185,431 (Vactor does not meet specifications)
$198,000 (Vac-Con truck must be ordered 120-160 days)
$199,875 (Vac-Con retrofit an existing truck 30-45 days)
~-
Both Grand Ford Truck and Masters International are using the Vactor equipment that
does not meet the specifications. Fort Worth Freightliner is using the Vac-Con equipment.
The specifications call out for a multiple fan vacuum compressor. Both manufacturers offer
a multiple fan compressor. The trucks with the Vactorequipment included a single fan
vacuum compressor that does not meet specifications. Vac-Con included a triple fan
compressor. The number of fans contributes to the amount of vacuum and lifting force
created for sucking out water, dirt, and other large debris. Single fan compressors cost
less but do not have the performance of a multiple fan compressor. The City is currently
using a triple fan Vac-Con unit that has worked very well. The Vac-Con unit from Fort
Worth Freightliner met all the specifications and general conditions and the auxiliary diesel
engine that drives the compressor is Tier 2 EPA approved. Staff recommends ordering a
new truck that does not require retrofitting since it cost less than the retrofitted truck and is
within the allocated budget.
Recommendation: To award the bid for sewer cleaning truck to Fort Worth Freightliner in
the amount of $198,000.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number 510-8519-601.79-04 EQ0404
Sufflc'ent Fu ds Avai a e
Budget Director
.---
\~
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Finance Director
Page 1 of L
·'
CITY OF
NORTH RICHLAND HILLS
Department: Planning Department
Council Meeting Date: 2/23/04
Subject: Consideration of a Request from Jon Evans for a Zoning Agenda Number: PZ 2003-27
Change from "C-2" Commercial to "PD" Planned Development District for "C-2" Commercial
Uses Located at 5101 Davis Boulevard - Ordinance No. 2769. Continued from the February
9, 2004 City Council Meeting.
Case Summary:
The applicant owns the existing commercial building on the site (Evans Vacuum). The
applicant is proposing to construct a new building for both the existing vacuum cleaner
business and new retail lease space. The new building will be built in two phases. Phase
I will consist of a new building containing commercial lease spaces (3) only. In this phase
the existing building will remain. Phase II will replace the existing vacuum cleaner building
with a new, two story addition to the Phase I building. Following the completion of both
phases, the new building will contain approximately 5,202 square feet. Due to the limited
size of the property, the applicant is requesting several variances which are addressed by
the (RD) Redevelopment (PD) Planned Development format.
Existing Land Use/Site Attributes:
The site contains a small commercial building with associated parking.
Thoroughfare Plan:
The subject tract is situated at the northeast comer of Davis Boulevard (a future six-lane,
divided, principal arterial of 120' of ROW) and Maplewood Avenue (a two-lane, collector
street with 60' of ROW).
Comprehensive Plan:
The Comprehensive Land Use Plan depicts commercial uses for this site. This land use
category is intended to permit a wide variety of commercial uses including automobile-
related services, retail trade and business services with outdoor storage, display and
sales. The applicant's proposed use(s) are not as wide ranging or as intense as depicted
by the Plan or the existing "C-2" zoning, however, they are considered consistent with the
non-residential character depicted for this location.
Plat Status: The site is not platted. A preliminary plat (ref. PS 2003-56 Lot 1, Block 1 Jon
R. Evans Addition) was approved by the Planning and Zoning Commission on January 15,
2004. A final plat has been submitted and is currently being reviewed by staff.
Finance Review
Source of Funds:
Bonds (GOIRev.)
Operating Budget
Account Number
Sufficient Funds Available
0øJ~~~
. Ity Manager i
\.......
PZ 2003-27 Evans Vacuum CC
CITY OF
NORTH RICHLAND HILLS
Surrounding Zoning / Landuse:
North: "C-2" / Motorcycle sales and repair
East: "C-2" / Retail
South: "C-2" I Retail
West: "1-1" / Automobile related services and repair
Site Design Features: The proposed site plan offers the following features:
Building Design and Materials:
· Proposed building will be one-story for the commercial lease space(s) and two-story for
new vacuum cleaner business;
· Construction materials consist primarily of concrete tilt wall with stencil detailing on the
lower walls of the north, south and west sides of the building;
· The Davis Boulevard façade exhibits large expanses of display windows, concrete tilt
wall and EFIS materials. The percentage of proposed EFtS (14.9%) is below the
maximum permitted by ordinance (15%);
· Overall size of the building is approximately 5,200 square feet which does not require
the building to meet the architectural design requirements of the Zoning Ordinance;
· Roof structure consists of both flat (over the lease spaces) and a 5/12 pitch roof design
over the vacuum cleaner business. Composition shingles will be used on the pitch
roof.
Access and Parking:
· The design eliminates one of the two existing driveway access points on Davis
Boulevard (one closest to the intersection of Davis Boulevard and Maplewood Avenue);
· Driveway width on Davis Boulevard has been reduced from the existing 45' to 28';
· Access to the dumpster pad site is from Davis Boulevard;
· Nineteen parking spaces are provided (21 required);
· A four foot sidewalk is provided along both the Davis Boulevard and Maplewood
Avenue frontages.
Landscaping and Screening:
· A trash dumpster pad site is located near the northwestern comer of the site. The pad
is screened on one side by the Phase I building wall and on two other sides by
concrete tilt wall materials similar to the main building. A metal gate is provided for
access;
· Since all adjacent properties are commerciallindustrial in nature, there are no screening
requirements along the periphery of the site;
· The landscape plan does provide the minimum number of street trees and parking lot
screening as required by ordinance i.e. six groupings of 3 Crepe Myrtles (substituted
for street trees) at approximately 50'· intervals along Davis Boulevard and Maplewood
Avenue, and 3 gal. Burford Hollies spaced at approximately 5' intervals around the
edge of the proposed parking lot;
· Total landscape area of the site (17%) exceeds the minimum required (15%).
I
CITY OF
NORTH RICHLAND HILLS
· HVAC units for both phases are ground-mounted. Units for the Phase I the building are
located within the screening wall for the dumpster. Units for Phase II are located near
the southwestern corner of the building and are screened by vegetation according to
ordinance.
Signage and Lighting:
· The plan shows a monument sign location along the Davis Boulevard frontage. The
. building elevations page includes specific sign logos, messages and dimensions for the
signs for Phases I and II.
· No specific exterior lighting plan is detailed on the plan.
Variance Requesœ:
This request is characterized as a "RD" Redevelopment Planned Development. Under the
Zoning Ordinance guidelines for this type of PD request, deviations from lot and area
requirements, land uses, masonry requirements, parking, access, screening, landscaping,
accessory buildings, signs, lighting, and ot 1er requirements as the City Council may deem
appropriate may be requested.
The following variances have been requested by the applicant:
· 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 (I 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 the Phase II building within 13' of the Maplewood Avenue frontage
(15' minimum setback required). .
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their meeting on January 15, 2004,
recommended approval of PZ 2003-27 by a vote of 7-0 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;
2) Within 90 days of a temporary Certificate of Occupancy for Phase I, the removal
of the existing building, installation of all proposed landscaping and driveways
will be completed.
The applicant has revised the site plan to include a statement that all signage will meet
current requirements at the time of permitting. The applicant verbally agreed to the
timetable conditions recommended by the Planning and Zoning Commission.
CITY OF
NORTH RICHLAND HILLS
At the Council Public Hearing on February 9th, the Council continued this request to allow
the applicant time to incorporate several design features that were desired by Council.
The following features have been included in the revised plan:
· Sidewalk: A 4' sidewalk has been included along the Davis Boulevard and
Maplewood Avenue frontages;
· Dumpster pad location: The dumpster pad has been moved from the southwestern
corner of the site to the northwestern corner (adjacent to the Phase I building). This re-
location results in moving the Phase I and I buildings further to the south than shown
on the previous site plan. This new location requires that the Phase I building receive a
variance of 2' from the Maplewood Avenue setback requirement (13' versus 15'
required);
· HVAC unit screening: Units are removed from the previous roof-top location and are
re-Iocated on the ground. The units proposed for Phase I are located within the
screening walls provided for the dumpster. The units for Phase II are located at the
southwestern corner of the building and are screened by Burford Hollies consistent with
ordinance requirements;
· Signage: In response to Council's concerns for potential signage, the applicant has
provided more specifics on the building elevation plan concerning the proposed signs
for both Phase I and Phase II. No specifics are given for the monument sign other than
a note that states that the sign will meet current ordinance requirements. Dimensions
given for the signs (2) proposed for Phase I includes not only the square footage of the
signs (50 sq. ft. and 100 sq. ft. respectively) and the dimension for the sign's projection
from the wall face (1'). Note: These dimensions are consistent with the Sign Ordinance
as long as the proposed lease spaces do not have a drop ceiling. Should a drop ceiling
be installed, the square footages permitted will be less. Signage for Phase II consists
of two signs both with the typical Evans Vacuum logo. The sign on the south façade of
the Phase II building measures 12' by 6' or 72 square feet in size. The sign for the east
elevation measures 5' by 10' or 50 square feet in size. The Phase II signs will project
6" from the wall face. Both of these signs are consistent with the current Sign
Ordinance. Any variation from the signage shown on the attached plan, including size,
projection, and message will have to be re-approved by the Planning and Zoning
Commission and City Council.
RECOMMENDATION:
To uphold the Planning and Zoning Commission recommendation of approval with
stipulations for PZ 2003-27 and the applicanfs revisions by approving Ordinance
No. 2769.
Review Schedule:
Application: 11/07/03 Final Hearing: 2/09/04 Total Review Time: 13 weeks·
* The time frame for review of this request was impacted by the review required for the accompanying
preliminary plat.
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ORDINANCE NO. 2769
ZONING CASE PZ 2003-27
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING APPROXIMATELY
15,549 SQUARE FEET OF LAND FROM· C-2 (COMMERCIAL) TO PD
(PLANNED DEVELOPMENT) FOR C-2 (COMMERCIAL) ZONING;
ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet 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 the City at least 15 days before such hearing; and,
WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the. City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the zone
change; and,
WHEREAS, the City Council is 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 ofthe citizens of the City of North Richland Hills; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map ofthe City of North Richland Hills are hereby amended by rezoning
a 15,549 square feet of land located at 5101 Davis Boulevard, City of North
Richland Hills, Tarrant County, Texas, shown on Exhibit A hereto, from C-2
Commercial to PD Planned Development for C-2 Commercial zoning, and
approving the site plan submitted therefor.
Section 2:
Any person, firm or corporation violating any provision of the Comprehensive
Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
Ordina No. 2769
Page 1 2
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4
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Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Section 4:
This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 23rd day of February, 2004.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
G~
APPROVED AS TO CONTENT:
Department Head
Ordin No. 2769
Page 2 2
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A PZ 2003-27 5101 DAVIS
RE-ZONING FROM "C-2" COMMERCIAL
TO "PO" PLANNED DEVELOPMENT FOR
"C-2" COMMERCIAL USES
I Prepared by Planning 12/30/03 0 200 400 600 800 Feet
,
I
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
CASE #: PZ 2003-27
Jon Evans
5101 Davis Boulevard
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 Jon Evans to rezone the above
property from "C-2" Commercial to "PD" Planned Development for "C-2" Commercial uses.
The applicant is proposing to remove the existing commercial building at the above address
and rebuild (in phases) a newer facility in its place. The new building will contain the existing
vacuum cleaner business as well as retail lease space.
Public HearinQ Schedule:
Public Hearing Dates:
PLANNING AND ZONING COMMISSION
THURSDAY, JANUARY 15, 2004
7:00 P.M.
Time:
Location:
CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HillS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
®09tS lasëq
TREATS INVESTMENTS LLC,
604 E 4TH ST STE 200
FORT WORTH TX
76102-4027
KING, J B III
5105 DAVIS BLVD
FORT WORTH TX
76180-6872
FEDERATED PROPERTIES INC,
5125 DAVIS BLVD
NORTH RICHLAND HILLS TX
76180-6873
LEUNG, JOSEPH
4420 WESTMINISTER DR
IRVING TX
75038-5646
NORTHEAST PAINT & BODY,
7724 MAPLEWOODAVE
FORT WORTH TX
7...6.1 80-6860
GARTH CO, THE
5825 CAMP BOWIE
FORT WORTH TX
76107-0000
DAVIS BLVD CHURCH OF
CHRIST,
2408 KINGSTON ST
FORT WORTH TX
76180-0000
<yD9t5 .:O~ ~:¡e1dwa~ ;sn
slaqel ssaJpP't ®A~~'f.
MLS PRTNRS L TO & ALAN W
HAMM,
5137 DAVIS BLVD
FORT WORTH TX
76180-6873
J L 0 JV VI, L TO PARTNSHP
PO BOX 905
ADDISON TX
75001-0905
wJ.s¡aa4S paa:: 4:J0owS
PZ 2003-27
PUBLIC HEARING TO 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 (.35 ACRES).
APPROVED
Dave Green, Zoning Administrator, summarized the case. The property is
located at the existing Evans Vacuum Cleaner building at the comer of Davis
Boulevard and Maplewood Avenue. The applicant has plans to redevelop the
site in two phases. The vacuum cleaner business will relocate into a new portion
of the proposed building and there will also be some commercial lease spaces
that will be available. Mr. Green noted that this particular lot, like many of the
properties on Grapevine Highway and Rufe Snow have had R-Q-W dedications
in the past which have caused properties to become smaller in size. In order to
redevelop this site with the City's landscape requirements in front of the building
along Davis Boulevard frontage and the Maplewood Avenue frontage, the
applicant is requesting several variances; 1) The applicant is requesting that the
proposed landscaping on Maplewood Avenue in the street R-O-W and not on
private property as s required. 2) The number of proposed parking spaces would
require a tree island. Due to the size of the lot, the applicant is asking for a
variance from this requirement. 3) The number of parking spaces required
(based on the amount of propose commercial square footage) is 21 spaces. The
applicant is proposing 20 spaces due to space limitations. 4) The access points
proposed, the do not meet spacing and number requirements. The applicant is
proposing to build a single-story building for the commercial lease spaces and a
two-story building for the new vacuum cleaner business. This building will be of
tilt wall construction. Mr. Green noted there are some references on the plan to
signage (both monument and wall). Staff would prefer to see a notation on the
plan stating that all signage will meet current City standards at the time of
permitting. Staff recommends approval of PZ 2003-27. Mr. Green believes that
this redevelopment is an improvement to the entire area.
Chairman Bowen opened the public hearing.
Jon Evans, the applicant, came forward. Mr. Evans stated that there would be
no problem placing a statement on the plan stating that all signage would meet
all current sign regulations.
Mr. Schopper asked Mr. Evans about the two development phases. How long
does the applicant expect to wait between phases?
Mr. Evans answered that it would be up to the individual contractors. Mr. Evans
expects the first phase to be done in 90 to 110 days and the same amount for the
second phase. It depends on the demolition and working around being open at
the same time. Mr. Evans doesn't want to disturb the flow of customers to his
business.
Mr. Schopper stated his concerns of where the vacuum cleaner store will go.
Will the business be moved over into phase one, in order to begin phase two.
Mr. Evans answered yes.
Mr. Davis asked Mr. Evans that once phase one is completed does Mr. Evans
anticipate demolishing the existing building and immediately begin on phase two.
Mr. Davis wondered if the applicant would be opposed to a stipulation stating that
the existing building would be torn down within 120 days after completion of
phase one and receive a certificate of occupancy. Also, all of the landscaping
has to be done during phase one.
Mr. Evans answered Mr. Davis that the stipulation is not a problem. However,
there is a situation regarding the landscaping and the building's location in the
middle of the parking lot. The proposed plan for phase one is to shoot straight
out with a parking lot and use that new access and come straight to the front of
the building with this portion of the parking lot and then at that point occupy
phase one. Afterwards, demo the existing building and pour the foundation and
the remainder of the parking lot. There will be a transitional period.
Mr. Davis responded that 90 days or 120 days after phase one is occupied is a
good amount of time. A certificate of occupancy may not be issued to phase one
if the landscaping is not in.
Mr. Evans stated that there needs to be some kind of built in transitional point, 90
days is good. This will allow Mr. Evans to occupy and do business in phase one
while working on phase two. Mr. Evans continued to state that the foundation
and the parking lot poured need to be completed before the landscaping. This
way, Mr. Evans will have a better grasp of where all the landscaping needs to go
without further deterioration of the site.
Mr. Davis asked Staff if this could be possible. Mr. Davis wants some
reassurance that Mr. Evans will complete this project, both phase one and phase
two. If Mr. Evans doesn't comply within a certain amount of time, Evans Vacuum
can be shut down.
Mr. Green responded that permits can be held up as well as the certificate of
occupancy itself.
Mr. Davis stated that a conditional certificate of occupancy could be given.
However, a final would not be given until all landscaping is done within 90 days.
Mr. Evans agreed to the stipulation.
Mr. Sapp asked Mr. Evans what the target date was for the completion of phase
two.
Mr. Evans answered that it depends on when he gets started. He believes it will
be six to seven months.
Chairman Bowen asked if there was anyone else who would like to speak in
regards to PZ 2003-27. There were none. Chairman Bowen closed the public
hearing and called for a motion.
Richard Davis, seconded by Bill Schopper, motioned to approve PZ 2003-
27 with some stipulations; 1) allow the variances that have been requested,
2) a note be placed on the site plan that all signage will comply with the
current sign regulations at the time of permitting, 3) allowance of a
conditional certificate of occupancy for phase one with completion of
building demolition, landscaping and parking to be completed within 90
days of the issuance of the certificate. The motion carried unanimously
(7-0).
Mr. Sapp clarified the motion. The 90 days begins with the conditional certificate
of occupancy and during that time, the demolition, parking lot, landscaping, and
drive entrance must be complete.
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ORDINANCE NO. 2769
ZONING CASE PZ 2003-27
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AiVlENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND IDLLS, TEXAS, AND REZONING APPROXIMATELY
15,549 SQUARE FEET OF LAND FROM C-2 (COMMERCIAL) TO PD
(PLANNED DEVELOPMENT) FOR C-2 (COMMERCIAL) ZONING;
ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the zone
change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
is in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North RicWand Hills are hereby amended by rezoning
. a 15,549 square feet of land located at 5101 Davis Boulevard, City of North
Richland Hills, Tarrant County, Texas, shown on Exhibit A hereto, from C-2
Commercial to PD Planned Development for C-2 Commercial zoning, and
approving the site plan submitted therefor.
Section 2: Any person, fIrm or corporation violating any provision of the Comprehensive
Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fIned in an amount not to exceed Two
Ordinan No. 2769
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Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Section 4:
This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 9th day of February, 2004.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
TO FORM AND LEGALITY:
APPROVED AS TO CONTENT:
Department Head
Ordin No. 2769
Page 2 2
Description for a tract of land situated in the W.W. Wallace Survey, Abstract No.
1606, Tarrant County, Texas, being that same tract of land described in a deed to
Rock Harbor Properties recorded in,Volume 12773, Page 410, Deed Records,
Tarrant County, Texas, being more particularly described by metes and bounds as
follows:
Beginning at a 5/8" rebar rod found (Control Monument) in the west line of Davis
Boulevard same being the north line of Maplewood Avenue for the southeast corner
of said Harbor Properties;
Thence N.87%%D37'43"W.,'125.02 feet along the north line of Maplewood Avenue
same being the south line of the Harbor Tract to a 1/2" rebar rod found (Control
Monument) for the southwest corner of the Harbor Tract;
Thence N.Ol%°ic»D20'OO"W., 124.26 feet along the common line between the Harbor
Tract and Lot E, Richland Terrace Addition, an addition to the City of North
Richland mus, Tarrant County, Texas, according to the plat recorded in Volume
-388-111, Page 47, Plat Records, Tarrant County, Texas to a 1/2" capped 1983 rebar,
rod set for the northwest corner of the Harbor Tracfand in the south line of a tract
ofland described in a deed to Lorenzo Garleyrecorded in Volume 15113, Page 376,
Deed Records, Tarrant County, Texas;
Thence 8.87% °ic»d58'00"E., 124.97 feet along the common line between the Harbor
Tract and said Garley Tract to a 1/2" capped 1983 rebar rod set in the west line of
Davis Boulevard for the northeast corner of the Harbor Tract;
Thence 8.01 %°ic»D20'00"E. (base bearing), 125.00 feet along the west line of Davis
Boulevard same being the east line of the Harbor Tract to the point of beginning
and containing 15,549 square feet of land more or less.
EXHIBIT
I \~ A II
'~ l
CITY OF
NORTH RICHLAND HILLS
Department: Plannirig Department
Counóil Meeting Date: 2/23/04
Subject: Public Hea~ina to Consider an Appeal from Walt Leonard Agenda Number: PZ 2003-21
for a Zoning Change from "AG" Agricultural District to "0..1" Office District and "CS"
Community Serviþe District Located at 8525 Davis Boulevard (~.32 acres). Recommended
for denial by the Planning and Zoning Commission on Dec;ember 18, 2003 - Ordinance
No. 2772.
Case Summary:
The applicant wants to develop the site with office-related uses 0t1 the proposed "0-1" area
and retail uses on the proposed "CS" area. The applicant maintains that this request is
being made without a specific user in mind for either area, The Comprehensive Plan
states that Office µses are intended to provide for professional ~nd organizational offices
with accessory ançl related uses. The Plan notes that retail land: use (comparative to "CS"
zoning) permits a variety of retail trade, personal and business s~rvice establishments and
offices.
Site PlanllPlat R~quirements: Because both areas in this r$quest are within 200' of
residential zoning I (Steeple Ridge Addition) site plan approval! by the Commission and
Council will be req~.Jired before permits may be issued for develo~ent. In addition the site
is not platted, therefore, approval of a preliminary and final plat ~iII also be required. Plat
submittals will require both drainage plans and Traffic Impact Analysis (TIA) for
'- development of the site.
Existing Land U5Ø/Site Attributes:
The site is mostly! vacant with the exception of a barn-type stn.!cture and a single family
residence located "ear the western and northern boundaries of t1e site. The site exhibits
a downward slope ¡from south to north and from the Davis Boulevard frontage.
Thoroughfare Plain:
The site has approximately 400' of frontage on Davis Boulevard. i The Thoroughfare Plan
designates Davis Boulevard as a six-lane, undivided Principal Aljterial with 120' ROW. A
traffic signal on D~vis Boulevard controlling traffic flow from the Super Target development
(east side of Davis! Boulevard) is situated along this site's frontage.
Finance Review
Source of Funds:
Bonds (GOIRev.)
Operating Budget
Acc~t Numbet
'-
Sufficient Fund$ Available
Im~t~~
PZ 2003-21 Walt Leonard CC
CITY OF
NORTH RICHLAND HILLS
Comprehensive Plan:
',,--- The Comprehensive Plan indicates Office uses for this area alqng Davis Boulevard north
to the city limits. Therefore, that portion of the applicant's request for "0-1" Office zoning is
supported by the plan. However, the applicant's request also irivolves an area requested
for "CS" Commurtity Service. This portion of the request repre~ents an increase in non-
residential intensiw that is not supported by the Plan. Approval Of this request would most
likely serve as a' precedent for future non-office rezoning requests along this portion of
Davis Boulevard. ;
Adjacent ZoninglLand Use:
North: "AG"Nacant
East: "C-1"/Retail
South: "C-2"Neterinarian Clinic
West: "R-3"/Residential (Steeple Ridge Addition)
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission at their meeting on December 18, 2003,
recommended denial of PZ 2003-21 by a vote of 7-0.
Citizen Input/Petition of Opposition:
. Staff has r~ceived numerous letters of opposition on this r~quest;
. In addition; a Petition of Opposition has been received.; According to the Texas
Local Government Code 211.006 (d), this petition must be: written and signed by the
owners of at least 20 percent of either the area of lot$ or land covered by the
proposed ¢hange or the area or the lots or land immec¡tiately adjoining the area
covered by the proposed change and extending 200 'feet from that area. In
computing 'the percentage of land area under Subsection (d), the area of streets
and alleys i shall be included. The petition of oppo.tion received by staff
includes ~7 percent of the owners of land of within 200 feet of the request,
thereby m~king this petition valid (Map attached);
· Super majQrity vote of all members of the governing body' is required if protested in
accordance with Subsection (d). of the Texas Local Government Code as well as
Article 2, $ection 200 M. Protest Against Change of the ~oning Regulations of the
City of North Richland Hills.
"--
RECOMMENDATION:
To uphold the Planning and Zoning Commission recommendation of denial for PZ
2003-21 by not a~proving Ordinance No. 2772.
Review Schedul~: I
Application: 10(14/03 Final Hearing: 2/23/04 Total Review Time: 18 weeks·
* During the course <f review of this case, the applicant changed his request ¡which required are-advertising
of the public hearing. In addition once the Planning and Zoning Commission had rendered their
recommendation in ¡ December the .applicant requested that the case not go fOlWard to the Council until the
February 23rd meeting. Typically the request would have been fOlWarded to the Council at their January
17th mAAtinn
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ORDINANCE NO. 2772
ZONING CASE PZ 2003-21
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND REZONING APPROXIMATELY
3.32 ACRES OF LAND FROM AG (AGRICULTURAL) TO 0-1 (OFFICE) AND
CS (COMMUNITY SERVICE) DISTRICTS; ESTABLISHING A PENALTY;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the zone
change; and,
WHEREAS, the City Council is 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 ofthe City of North Richland Hills; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the
zoning map of the City of North Richland Hills are hereby amended by rezoning
3.32 acres ofland located at 8525 Davis Boulevard, City of North Richland Hills,
Tarrant County, Texas, shown on Exhibit A hereto, from AG Agricultural to 0-1
Office and CS Community Service District zoning.
Section 2:
Any person, firm or corporation violating any provision of the Comprehensive
Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor
and upon final conviction thereof fined in an amount not to exceed Two
Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to
continue shall constitute a separate violation and punishable hereunder.
Ordina No. 2772
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Section 3:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clauses of this ordinance as an alternative
method of publication provided by law.
Section 4:
This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 23rd day of February, 2004.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
34 Department Head
Ordina No. 2772
Page 2 2
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
CAS E #: PZ 2003-21
Walt Leonard
8525 Davis Boulevard
3.32 acre tract out of the Thomas Peck Survey A 1210
You are receiving this notice because you are a property owner of record within 200
feet of the above property.
Purpose of Public Hearing:
A public hearing is being held to consider a request from Walt Leonard to rezone the above
property from "AG" Agricultural to "0-1" Office and "CS" Community Service Districts as
shown on the attached map. The applicant intends to develop the site with office-related
uses on the proposed "0_1" area and retail uses on the proposed "es" area. The Planning
and Zoning Commission has recommended denial of this request.
Public Hearing Schedule:
Public Hearing Dates:
CITY COUNGIL
MONDAY, FEBRUARY 23, 2004
7:00 P.M.
CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Time:
Location:
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
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CITY OF
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PZ 2003-21
8525 DAVIS BLVD.
RE-ZON"ING
FROM A - AGRICULTURAL TO
HC - HEAVY COMMERCIAL
-WALT LEONARD NEWMAN, L H II ROBERTS, KIRK L ETUX JEANA L
1 SUMMIT AVENUE SUITE 1010 8601 DAVIS BLVD 8612 SHADYBROOKE DR
FORT WORTH TX FORT WORTH TX
F -qTWORTH, TX 76102 76180-1310 76180-1336
NEWMAN, L H JR SHEL TON, RUTH & DEBRA BLAKE, HARRY C ETUX LINDA M
8601 DAVID BLVD KIPPING 8605 SHADYBROOKE DR
FORT WORTH TX 8608 SHADYBROOKE DR FORT WORTH TX
76180-0000 FORT WORTH TX 76180-1335
76180-1336
FRY, TRESSA L REDO, NORMAN F ETUX LAVARR
8604 SHADYBROOKE DR M
NORTH RICHLAND HILLS TX 8601 SHADYBROOKE DR
76180-1336 FORT WORTH TX
76180-1335
HALL, ANGELA MARIE VANWIE, STEVEN L
8600 SHADYBROOKE DR 8551 SHADYBROOKE CT
NORTH RICHLAND HILLS TX NORTH RICH LAND HILLS TX
76180-1336 76180-1330
CHILD, SHANNON R UNDERWOOD, WILLIAM E IV & MACKEY, FRANK KARL ETUX
8550 SHADYBROOKE CT MAXI NANCY
FORT WORTH TX 8555 SHADYBROOKE CT 8554 SHADYBROOKE CT
76180-1330 FORT WORTH TX NORTH RICHLAND HILLS TX
76180-1330 76180-1330
SMITH, GREGORY S ETUX
MELINDA
8559 SHADYBROOKE CT
FORT WORTH TX
76180-1330
JARZOMBEK, JERRY J ETUX MINACAPELLI, RENA TO ETUX ANDERSON, DAN JEST
TRICIA SALL Y PO BOX 14157
8558 SHADYBROOKE CT 8562 SHADYBROOKE CT FORT WORTH TX
NORTH RICHLAND HILLS TX NORTH RICHLAND HILLS TX 76117-0157
76180-1330 76180-1330
NRH-CT/BTS LTD, NRH-CT/BTS L TO,
800 E CAMPBELL RD STE 1 800 E CAMPBELL RD STE 1
RICHARDSON TX RICHARDSON TX
75081-1862 75081-1862
-STATE OF TEXAS -MAKENS, JAMES
POBOX 6868 2300 AIRPORT FWY STE 230
FORT WORTH, TX 76115 BEDFORD, TX 76022-6043
-, flS TOWNE CROSSING LP
16000 DALLAS PKWY STE 300
DALLAS, TX 75248-6609
-TARGET CORPORATION
PO BOX 9456
MINNEAPOLIS MN 55440-9456
6.
........
PUBLIC HEARING TO CONSIDER A REQUEST FROM WALT 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).
.....JBEIR
Dave Green, Zoning Administrator, summarized the case. This is a rezoning request.
The property is located at 8528 Davis Boulevard, sitting across from the Target
Development on Davis Boulevard and Precinct Line Road. The applicant is requesting
that one parcel which is outlined along Davis Boulevard be rezoned "CS" Community
Services. The remainder of the tract on the west side, the applicant is requesting "0-1"
Office District. The current zoning on this property is "AG" Agricultural. The
Comprehensive Plan does show that this property as well as property to the south and
to the north to be shown as office uses. The property that is being requested for office
use is consistent with the plan. The property that is being requested for Community
Service is a much more intensive use than is promoted by the Comprehensive Plan.
Staff has received a petition of opposition to this particular request. The petition is
based on the individuals that signed the petition from the adjacent residential
neighborhood to the west of this site. They are requesting that the property remain
zoned "AG" or be rezoned "0-1" so it would be consistent with the Comprehensive Plan.
The petition does not have an affect at this stage in front of the Planning & Zoning
Commission. There is no state requirement that would require the Commission to have
a super majority vote because of the petition. That begins to enter the picture when this
request goes on to City Council.
Chairman Bowen opened the public hearing.
WalterW. Leonard, the applicant, came forward. Mr. Leonard stated that he is
representing Dr. William Anderson, who has been a citizen and businessman in the City
of North Richland Hills for a period of some 20 odd years. The property immediately to
the south is currently zoned "C-2". It is an existing animal hospital. The history of this
area has changed a little bit in the last few months or years. Our proposal is to rezone.
It is a duel zoning. Mr. Leonard followed an application a couple of months ago, which
stated "CS", in keeping with the property to the south of the existing use and the
property across the way. This seemed the most logical in terms of uses. We consulted
with Staff and with the people of the neighborhood. Staff came to us and told us there
was a problem here. Some people believe that all "C-2" is too intense. There was also
the question of the Comprehensive Plan. After much thought and discussion with Staff,
the duel zoning seemed like a much better proposal. We believe this is the highest and
best use of this property. This is the goal of any zoning activity. The protections of the
neighborhood are fairly obvious. We have made sure that the City's plan for the
Comprehensive Plan was maintained and protected by doing this. Half the frontage on
Davis Boulevard is office and all the areas fronting anyone in a residential capacity is
~"""£~" ' .' , '!;þp,
....,.. "'I
. '-"~';- - -:t~;
P & Z Minutes
office. The residents will have that boundary protection. In fact, this distance is 170-ft.
from boundary to boundary of the zoning with setback requirements on either side, the
residents will have a spacing in excess of 200-ft. between any residential structure.
There will be a significant boundary. Of course, the City's own protections, such as
landscaping, masonry walls, and lighting requirements will be in place to make sure the
residents are protected from any intensity of use. The Comprehensive Plan seems to
be more of a fact that the property to the south is already zoned "C-2", the area across
from there is the Target Development, with Pad Sites. It is a heavy duty development
separated by Davis Boulevard. Also, what has really changed the world is right here, a
signalized intersection. In the Comprehensive Plan originally, this was just to be a
straight stretch of Davis Boulevard, with comparatively limited access. This was
appropriate for office, but because the world has changed, there is a signalized
intersection; the highest and best use of these properties should be something different.
There is an intersection here, that didn't exist before. An intersection is garden variety
planning, which tells us there needs to be some sort of use to absorb that kind of traffic
and that kind of activity. What we have here, is "CS" zoning. The general site there is
based on a footprint of a possible Chili's Restaurant. That would be a very possible use
for that sort of activity. This is not applicable anywhere else. What we have done to
protect the Comprehensive Plan, is swing the office zoning around. Anyone up here is
not going to be moving on from a different zoning, they will be moving on from office
zoning. This is adjacent to a long standing, pre-existing commercial use. We believe
this going to be the highest and best use. We understand the people's concerns, but if
it is looked at carefully in light of what has happened out here, it actually is necessary.
The traffic patterns that are now going to exist, dictate that something more intense is
needed to be able to draw the traffic in and out right there. The highest and best use is
going to require the efficient use of these resources. The intersection will mesh with the
existing activities and will give the traffic an obvious spot to go. We believe that we are
preserving the plan, by making sure that the progression of the office zoning is
preserved. We will also make sure that the neighborhood is protected by a very
substantial, almost 200-ft. of office space zoning. It is fairly obvious planning. The
offices will probably wrap themselves around the horseshoe. The result of that would
be an even further barrier protecting the neighbors. We do believe this will protect the
area. We also believe that this will enhance the area, which is also a duty the
Commission and the City has to think about. It is a perfect site for a restaurant. It will
maximize the amenities for the citizens, and assure protection for those there. It will
also maximize things such as a tax base and so forth for the City, allowing the City to
provide benefits and amenities the other citizens need.
Justin Landes, the engineer, came forward. Mr. Landes stated that he has been
retained by the owner to prepare the maps that are seen here tonight. I am available to
answer any technical questions that may come up in regards to engineering issues.
Chairman Bowen stated that this is just a zoning case. Any engineering issues would
not be appropriate. All that needs to be decided tonight is whether this is the most
appropriate use for this site. Chairman Bowen stated that Alan Schiller of 8636
Shadybrooke Court is present and is against the rezoning, but would not like to speak.
Page 5 12/18/03
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Sally Minacapell, 8562 Shadybrooke Court, came forward. Ms. Minacapell stated that
she lives within 200-ft. of this property. One thing that Mr. Leonard did not mention is
that our neighborhood is primarily up on a hill and we look down upon this property.
Regardless of there being any terrific screening or fencing, we will still have a view of it,
as we already have a view of the Target, Wal-mart, and all the adjacent strip centers.
The value of my home, as well as many of my neighbor's homes has gone down in
recent years since the development of the land in this area. I am very concerned that
further development along the lines of commercial properties or community service
could bring our home values down even further. I do not oppose the rezoning of the
property to Office, but I am definitely opposed to Community Services.
Jerry Jarzombek, 8558 Shadybrooke Court, came forward. Mr. Jarzombek stated that
he has addressed this Commission before in regards to the Wal-mart and the Murphy
Oil. I have been fortunate that the Commission has heard my concerns, considered
them, granted them, and allowed there to be berms built, some were signage issues
that were resolved that allowed less sign pollution and light pollution in that area. I
would like to focus on some of the things that Mr. Leonard said about the land and the
highest and best use. When this item first came about, Dr. Anderson wanted to have it
zoned as Heavy Commercial. Mr. Jarzombek stated that he has lived behind Dr.
Anderson since 1992. When Mr. Jarzombek bought his home in 1992, he didn't
believe that the zoning would remain "AG". Land is going to be given its highest and
best use, but Heavy Commercial was a bit much. Mr. Jarzombek explained that Dr.
Anderson had told him that he needed to get out, due to the lights of the Wal-mart and
the Target were shining through his windows with such intensity that he couldn't stand it
anymore. Nor could Dr. Anderson stand the sweeper that was going through the Wal-
mart parking lot at 1 a.m. in the morning. These are some of the things that all of us live
with because things have progressed. We don't have a two-lane Davis Boulevard; we
have a four-lane Davis Boulevard with a divided turn in the center, which everybody
uses to make illegal u-turns. Mr. Jarzombek further explained that when he lay down
at night, if his blinds weren't shut tight, the bright neon lights from Wal-mart shine in his
bedroom. Office is probably fine. That is where we are going and that is what the
Comprehensive Plan should say. When that time comes, we will talk about the height
of the office building. If there is going to be a masonry wall for my house, I will have to
ask the Commission to make some kind of an exception in order to have one about 20-
ft. tall. That is what it would take not to have to see that stuff anymore. The highest and
best use of property also applies to the preservation of property that already has a use.
That is residential property which affects every single one of us that lives right there.
This is the first year ever that my property evaluation has gone down. Mr. Jarzombek
explained that his kids leave their bikes out in front sometimes and he may not be the
quickest guy to clean his pool after the rain, but he can't believe that alone made the
$8,000.00 decrease. Mr. Jarzombek believes it is the development that is going across
over there. Mr. Jarzombek doesn't want anymore of it to happen. For all of us, that
have residential property, we are entitled to the full use of enjoyment of the property we
have bought. We are entitled not to have that use taken away from us. That is what will
happen by putting a Chili's there. The same thing that Dr. Anderson wants to get away
from, the bright lights, the traffic, and the noise are the same items that are going to be
Page 6 12/18/03
P & Z Minutes
inflected upon us if this zoning request would be approved. For that reason, we are
going to ask the Commission to deny that request, deny that there be a Community
Services zoning and at least give us a good opportunity to talk to the Commission again
when we will have office buildings coming up. It will be a bit of a taking for folks like me
if the thing is anything more than a story tall.
Steven VanWie, 8551 Shadybrook Court, came forward. Mr. VanWie stated that he is
the one who started the petition that was mentioned earlier. At this point, we have 162
homes in the Steeple Ridge Subdivision. Our collective concern is the development
adjacent to our subdivision, as well as the whole north part of North Richland Hills. In
this particular case, it is PZ 2003-21 for rezoning from "AG" to "0-1" and "CS". We are
opposed to this Community Services portion because it does not conform to the
Comprehensive Plan. I don't know who's highest use and best use of property that we
are talking about. Are we talking about dollars or are we talking about a community.
We believe that the subject should be about a community, not just dollars in Dr.
Anderson's pocket. The petition that the Commission has will eventually go to the
Mayor and to City Council since they are the approving authority. At this point, it is
specifically 78.6%, of the 162 homes and 100% of the individuals that are within 200-ft.
We are asking the City to not authorize any rezoning higher than Office adjacent to the
land of the subdivision on the east side. This includes the whole area east of the
subdivision in this particular petition. I have been here before. This is a fall out from the
Wal-mart and Target. Along with the gentleman who wanted to put in mini-warehouses
before. Ideally, we would like to see the area stay the way it is, "AG", or better yet, we
would like to have the trees that were indiscriminately bulldozed a couple of years ago.
We do realize that will not happen. We know that development is happening and we
are not arbitrarily objecting to good quality commercial development. Many residents
bought in this specific neighborhood because of the rural nature, the trees and based on
this Comprehensive Use Plan. Unfortunately, this plan through the years has changed.
Our subdivision is approximately 12 to 13 years old. I have been out there for almost 12
years. We have seen additions, such as the Wal-mart and the Super Target which has
added tremendous amount of traffic, noise, light, and now if we add a Chili's we are
going to add a smell pollution to us. Many of these same residents have opposed other
developments. We have to deal with the situation. We are trying to protect our land
values. The Commission has heard from some of my neighbor's stating that their land
values have gone down. This is not the first time that I've said this before this Board
and also City Council. In closing, we are asking the City to live up to the commitment to
the citizens and keep the current land use plan as is and not authorize anything higher.
In addition, we are asking that the highest standards for setbacks, screening walls,
architectural and landscaping be applied to any development that will add value to not
only the residential area but the commercial area as well.
Chairman Bowen stated that Edward Harry, 8617 Kensington Lane, is opposed to the
rezoning, but does not wish to speak. Mary Alice Harry, 8617 Kensington Lane, is
opposed to the rezoning, but does not wish to speak. Gordie Holt, 8616 Kensington
Lane, is opposed to the rezoning, but does not wish to speak.
Page 7 12/18/03sP & Z Minutes
Pete Hillier, 8636 Kensington Lane, came forward. Mr. Hillier stated that he has been
before the Commission before. He believes the articulation and preparation of our
community has been very well represented by two key speakers. There is one thing
that he would like to reinforce. Mr. Hillier believes it was addressed as an intersection
coming out of a parking lot. He travels a great deal and has never heard of an
intersection coming out of a parking lot. It is an entrance and exit for safety. That is not
an intersection. Precinct Line and Davis Boulevard are an intersection. The safety of
our community is in question. Someone is going to get killed on Davis Boulevard if we
allow that to go in place. Mr. Hillier doesn't know how emphatic it has to be made. Mr.
Hillier arrives home at 5:30 p.m. every night. It seems like an exaggeration, but it is
reality. Mr. Hillier has to address someone 25% of the time coming at him head on in
the wrong lane to make a U-turn into Wal-mart. It is the worst case scenario. People
are trying to pull out of that same street that other people have to turn into to make a left
hand turn to dodge the people making left hand turns in an illegal U-turn. Mr. Hillier
doesn't know how much the Commission is aware of that. Mr. Hillier believes that when
some family gets wiped out then we will wish we had done something about it. In the
meantime, we are going to put a Chili's in the same neighborhood. Not only is it land
value, it is safety value. We have to evaluate it. Anybody that has been out there and
has not noticed that, take a ride at 5:15 or 5:30 in the evening at any given night. Watch
the people make a left hand turn. Your tax money will go back up.
Shannon Child, 8550 Shadybrooke Court, came forward. Ms. Child stated that when
she bought her home eight years ago, she was very happy with what she saw. All
around her was land, a barn, and a two-lane road. It was quiet and beautiful. The City
widened the highway and that was fine. Then the trees were chopped down and the
development of Target and Wal-mart began. The view from her backyard are those
developments. The property value has gone down. Yes, the world has changed, but
why here. There is already too much there. Someone earlier mentioned a 20-ft.
masonry wall and at least 200-ft. between us. I would need at least a 30-ft. wall and
definitely more than 200-ft. I already have a horrible view. The Target lights come into
the front living room. Ms. Child could live with perhaps an office complex, especially
with the trees that Mr. Leonard had mentioned every 15-ft. She believes it should be
less than that. If Mr. Leonard would like to buy our homes for market value, he can
move in and watch the property grow all he likes. Then there is the bank that is already
there but is not seeing any business. The parking lot is always empty. It will become
vacant. With a Target and a Wal-mart side by side, how long do you think it will be
before one goes under just like K-mart on Precinct Line Road? It will become the high
school hang out. If something needs to be built, build a park.
Charles Banner, 8613 Twisted Oaks Way, came forward. Mr. Banner stated that he is
concerned about the engineering. I realize that this is a zoning case, but I believe that
the engineering could have an effect on the rezoning. There is a tremendous drop in
elevation on that property. Just to the north of this property is being developed as a
one-story property. It has a huge retaining wall and is essentially about a two to three-
story building when you look down there at it. Mr. Banner believes it will make a big
difference on how much these people see. His backyard doesn't back up to it, but he is
Page 8 12/18/03
P & Z Minutes
sympathetic to those it does back up to. In addition, Summit Bank cleared out that
whole corner of trees. Our tree ordinance doesn't work in North Richland Hills. All you
have to do is drive up by Home Town and the trees are leveled. On traffic patterns, Mr.
Banner saw a car southbound on Davis Boulevard that went up the exit at Wal-mart
came nose to nose with another car. He had to drive across the island to go around it.
Mr. Banner has sent two letters to the Mayor and City Council. They were forwarded
onto the State, but the State didn't do anything. Until, the State does something, this
area shouldn't be rezoned. This area is out of control. Mr. Banner believes everything
should be held up until this is resolved.
Leonard Newman, a property owner, came forward. Mr. Newman stated that he owns
more property adjacent to this property than anyone else speaking here tonight. Mr.
Newman has not signed any petition and neither has he been asked to sign a petition.
The voices that have spoken here tonight have not represented everyone concerned.
All the north boundary of this property says Leonard Newman on it. Mr. Newman has
lived on this property since 1968 before the City annexed the property. He has paid
more property taxes than anyone else. If anyone has a complaint about losing their
country living, Mr. Newman stated that he does. If there is any intrusion it started at my
back property. When Mr. Newman built his current home in 1973, he cut down one tree
to build his current home. Mr. Newman loves the trees and the property. When he was
told that his property would never be sold, and yet it was zoned commercial in the
Master Plan, he had to come to a time in his life when he would have to give up his
country living. He can't help it if that doesn't please all his neighbors. In order for our
City to grow and to put a tax base under our City, we must have development. There is
a neighboring City named Euless, it had no commercial property. It only had bedroom
taxes. For many years that City suffered in development and their tax base. We have
been blessed in this City to have commercial properties that blend with our residential
people. Mr. Newman thought the zoning on the west side of Davis Boulevard would be
appropriate for commercial development. Mr. Newman still does. That is what the
master plan called for. In regards to the subject on traffic, there is a street outlet on the
north end of the development where this Commission has been representing tonight.
There is a cut already laying there tonight where a street could have been put right
straight through to Davis Boulevard and they would have an in and out twice in that
community. This would have alleviated the danger. Mr. Newman has come many times
to this Commission in the spirit of compromise and has never seen that same attitude
expressed by his west side neighbors. All Mr. Newman has ever got out of his west
side neighbors is their trash over his back fence. He has never complained to the City
Officials. Mr. Newman has come tonight to express to the Commission his support to
Dr. Anderson.
William Child, 8550 Shadybrooke Court, came forward. Mr. Child stated that his
property is located directly behind the proposed rezoning. Mr. Child is not opposed to
rezoning this property as the Commission has suggested in the master plan from 2001
to Office. Commercial development is fine, as long as a restaurant isn't backed up to
his house.
Page 9 12/18/03
P & Z Minutes
_._.~._-,----~,----_.""._~,-,~-~,------"..",
Walter Leonard, the applicant, came forward. Mr. Leonard stated that he is City
Attorney in four other jurisdictions in this area. People move into the country, believing
it will always be that way. Unfortunately, a lot of people move into the country and then
other things follow such as roads, facilities, public services, and places to shop. The
Wal-mart and Target are there due to the people living in this area who need to shop
there. The developments have nothing to do with our proposal. Everyone is mad at
Wal-mart and Target, but this is not the case. This case is about the highest and best
use for this property. We are trying to take care of the best use for this property. There
have been complaints about the trees being cut down. My client has kept this area up
as the Silva nary that the community wanted. It can't stay there and we knew that.
Some of the trees that were cut down were not cut down by Dr. Anderson. We are
hearing the woes of the people in that area, which are undoubtedly true, but they have
nothing to do with this case. There is an intersection there; it is a functional intersection
due to those lights. It gives us the opportunity to control traffic in that area and make it
safer. An intersection like this with the lights and the controls is safer. It also gives us
the opportunity to make the best use of this property because that will control traffic in
and out of anything that goes there. The most appropriate use of this property is to
recognize that. To recognize what is south of that and what is across from that. We
have also tried very hard to make sure that there are provisions that protect by more
than a 200-ft. separation between anything that could happen in Community Services
and the nearest houses. We understand their problem, but this is not their problem.
We need to develop it as proposed and do properly as it is required under the City's
own ordinances and develop it as it suppose to be. It will not change their problem.
Their problem is across the way at Wal-mart and Target. Both will glow in the dark no
matter what we do. We will make the most viable development that will allow us to do
things that will help protect these folks.
Bill Schopper asked Mr. Leonard about site plan approval on this site. Do you have any
specific users lined up? Mr. Leonard responded to Mr. Schopper that at some point a
site plan approval will be required, but this is just a zoning issue. A site plan will be
required whenever someone actually comes in and applies for whatever the use.
Mr. Schopper stated that the Commission is changing a zoning based on the
speculation of some future use. Mr. Leonard stated yes, but only to a degree. In terms
of the Comprehensive Plan this is for Office zoning. No site plan is required. It is very
dangerous when a site plan is mixed with zoning because you get into contract zones.
What we have is an obvious plan based upon the locations, the traffic patterns, and so
forth that we believe would develop into a predictable matter. The City's own site plan
requirements will control whatever is put in there and how it is put in there, in terms of
traffic flow, lights, amenities, and protection. For example, I believe the City would have
a fit if someone wanted to put in a 20-ft. wall.
Chairman Bowen asked if anyone else would like to speak in regards to PZ 2003-21.
There were none. Chairman Bowen closed the public hearing.
Page 10 12118/03
P & Z Minutes
Ted Nehring stated to Mr. Leonard that he understood what Mr. Leonard was trying to
do. The Commission spent about a year with open public meetings to discuss the
Comprehensive Use Plan. The Commission went over every piece of property in this
City. I believe we did that for a specific purpose on that piece of property for "0-1 ". I
believe that is the best use for that property. It would be nice if it was a park, but it is on
Davis Boulevard. Mr. Nehring believes that is the best use of that property and that is
the way he will vote. Mr. Nehring sticks to the Comprehensive Plan very closely.
Chairman Bowen called for a motion.
Ted Nehring, seconded by Ken Sapp, motioned to deny PZ 2003-21. The motion
carried unanimously (7-0).
Chairman Bowen stated to Mr. Leonard that he has the right to appeal.
Dave Green stated that the zoning ordinance requires an appeal to be submitted to the
Staff within ten calendar days. Our issue with January Council meetings is if Staff was
to go to the January 12, 2004 meeting that means, Staff would have to have an appeal
come in early next week. Prior to the appeal going to Council, the same individuals that
were notified will be notified again. In this case they must be notified within 15 days in
front of the Council. If Staff goes to the first Council meeting in January, that requires
the applicant to give Staff an appeal very quickly. If that is not an issue with the
applicant and they can go to a later date, then the applicant needs to at least meet the
10 day requirement.
7.
PZ 2003-26
PUBLIC HEARING TO CONSIDER A REQUEST FROM SERVICE KING PAINT &
BODY FOR A ZONING CHANGE FROM "C-1" COMMERCIAL DISTRICT TO "HC"
HEAVY COMMERCIAL DISTRICT LOCATED AT 6920 N.E. LOOP 820 (.37 ACRES).
APPROVED
Chairman Bowen stated for the record that Richard Davis is leaving before this last case
is considered.
Dave Green, Zoning Administrator, summarized the case. The case involves a request
to rezone a lot located at 6920 N.E. Loop 820. Mr. Green further described the site as
being located on the south side of Loop 820 and having frontage along the east-bound
frontage road of the Loop. The property is currently zoned "C-1" Commercial. The
applicant is requesting "HC" Heavy Commercial. The site contains a former Service
King Paint and Body Building. Service King, however, has not used the building for
some time. Instead the site has been leased for several uses over the past 4-5 years.
The applicant is requesting to change the zoning for the reason that the current "C-1"
use is somewhat limited in its range of uses and intensities that are permitted. "HC"
Page 11 12/18/03
P & Z Minutes
WALTER W. LEONARD
ATTORNEY AT LAW
ONE SUMMIT AVENUE
SUITE 1010
FORT WORTH, TEXAS 76102
December 29, 2003
817-335-6538
FAX 817-335-0932
EMAIL: wwlfwlaw@juno.com
Mr. Dave Green
Zoning Administrator
City of North Richland Hills
8301 N.E. Loop 820
North Richland Hills, Texas
VIA FAX #: 817/427-6303
AND REGULAR U.S. MAIL
76180
RE: P&Z 2003-21, 8525 Davis Boulevard, Dr. William C. Anderson
Dear Mr. Green:
The purpose of this letter is to appeal the negative action of the Planning and Zoning
Commission regarding the above zoning request. By this we would like to request review by the
City Council per the provisions of the Zoning Ordinance. Owing to conflicts with my pre-existing
schedule for trials and Council meetings, et cetera, with my cities, I would like to request the
hearing be set for the second Council meeting in February, on the 23rd. Obviously if anything
further is needed from here, please let us know and I will be in touch well prior to the hearing to
see if Staff has any questions or if anything further would be helpful.
Very truly yours,
~
,/
WALTER W. LEONARD
WWL:cd
Steven L. VanWie
8551 Shadybrooke Ct.
N. Richland Hills, TX
10 Feb 2004
Dear Sirs,
I am in receipt of a letter in connection with case #PZ 2003-21 as a property owner of
record, in the Steeple Ridge subdivision, within 200 feet of property under a zoning
change request ITom "AG" to "0-1" and "CS".
I object to "CS" zoning and petition the City Council to approve "0-1" office use only,
for the subject property.
The current Comprehensive Land use Plan, NRH Ordinance #2553, dated April 26, 2001
shows the area adjacent to the east side of Steeple Ridge subdivision to Davis Blvd, as
office use only. The subject property is within this office use designated area. Approving
"0-1" use only, will serve to buffer the residential area ITom the heavy commercial area
on the east side of Davis Blvd, super Wal-Mart, Target, etc. Approval of a higher
commercial zoning would only add additional traffic, smell, noise and light pollution to
the residential area. In addition it would negatively affect property values in the Steeple
Ridge subdivision. Many area residents made purchase decisions based on the land use
plan, please abide by it.
It is also requested that the highest setback/architecture/landscaping standards possible be
applied to any development. This would serve to add value and appeal to all property
owners, residential and commercial alike. It would also esthetically enhance the north
entry to North Richland Hills.
Respectfull y,
~/}/ L
- -/tz-tu/(;;
Steven L. VanWie
Feb-I.2-040B:30A
P.Ol
February 12, 2004
City Council
City of North Richland Hil1s
7301 NE Loop 820
North Richland Hills, TX 76180
Subject:
CASE # PZ 2003-21
Walt Leonard
8525 Davis Blvd
3.3 2 acre tract out of the Thomas Peck Survey A 1210
As residents of North Richland Hills and property owners living within 200 feet of the
above mentioned property, we are requesting you reject the applicant's request to rezone a
portion of this property to Community Service. The current city's Comprehensive Land
Use Plan shows this entire property slated for Office 0- ì, and we are simpiy asking that
the City comply with it's plan.
While we do not oppose the land being rezoned for office use (O.}), we are against any
heavier rezoning such as CS - even on a portion of the land. Those of us whose homes
run parallel to Davis Blvd and this property already have enough noise, smell and neon
light pollution to deal with. We can't even use our backyard anymore with out being
assaulted by the constant noise ITom traffic, car alarms, and the nauseating cooking
smells from the Mexican Restaurant. At night we have difficulty sleeping due to the
neon lights that flood into our home and the noise &om the street sweeping machines that
clean the massive parking lots. Please don't make our quality ofliving deteriorate even
further by allowing this land to be rezoned to CS.
Furthermore, despite improvements to many of the homes in our neighborhood, and the
increase of value of similar homes in neighboring cities - Keller, Southlake, Col1eyville-
home values in Steepleridge have plunged since the development of the Wal-Mart, Target
and adjacent strip centers. As citizens ofNRH we believe you have as much of a
responsibility to protect our existing home values as you do in developing the land
around us. We are simply asking the City Council to abide by the current Comprehensive
Land Use plan for this property. Failure to do so would be a breach of trust to the
citizens of NRH.
~~
Renata and Sally Minacapelli
8562 Shadybrooke Ct
North Richland Hil1s, TX 76180
817-428-1328
December 17, 2003
To: Mayor and City Council members ofN. Richland Hills
We, the undersigned residents of Steeple Ridge subdivision, petition the city council to abide by
the current Comprehensive Land Use plan for property adjacent to the neighborhood. Currently
the plan shows all the land on the west side of Davis Blvd. adjacent to the subdivision from the
KellerlNRH border to Shady Grove Rd as office use only, "0-1". We oppose any heavier
rezomng.
We are also concerned about the development of the land bordering Shady Grove Rd., N. Tarrant
Pkwy and Davis Blvd.
Many resident~ of Steeple Ridge, as well as other subdivisions in the N. DavislN. Tarrant
Parkway area, made decisions to purchase based on the cities Comprehensive Land Use Plan
and th~ rural residential feel of the area. Approximately, twelve years ago when our
neighborhood was built, the land along N. Tarrant Parkway west of Davis was planned for low
density residential use, but has now changed to retaiVcommercial. To preserve our quality of
living and to prevent our neighborhood ftom becoming an island among commercial property,
we urge you to abide by the current plan. To now approve heavier commercial use than the
master plan, would be a breach of trust to the citizens ofNRH.
It is also requested that the highest possible standards for architecture and landsçaping be
required to keep the existing rural residential feel for the area. Setting high standards not only
serves to make the north entry to NRfI more appealing, but to enhance all property owner values,
residential and commercial.
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CITY OF
NORTH RICHLAND HILLS
- ''Jartment: Administration Council Meeting Date: 2/23/2004
"'--
Subject: Consideration of an Ordinance Adoptina a ReQulatinQ Plan Agenda Number: GN 2004-011
for Parades, and Street Uses - Ordinance No. 2768
This ordinance was continued from the February 9, 2004 City Council meeting to provide
an opportunity to include suggestions made by the City Coulncil. The purpose of this
Ordinance is to adopt a plan for the regulation of parades and recreational street uses that
would require a street to be closed to allow City staff to more efficiently coordinate safety
issues and traffic concerns involved in these types of events. In general, the Ordinance
requires a permit for such events, outlines the permit application requirements and the
procedures for reviewing the applications, defines the route f<Þr large parades, outlines
security requirements, and defines the grounds for denial of a pelrmit.
As a result of discussion during the pre council work sessiQn February 9, 2004, the
following changes have been made:
Section 15-201. Definitions
"--
Recreational Street Use means the use of a 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.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~ é-
,,'-{ ~ t~ /t't:' -
--- Depa ment He~Signature
Account Numb$r
Sufficient Fund$ Available
Budget Director
Finance Director
Page 1 of g
CITY OF
NORTH RICHLAND HILLS
Section 15-208 of the Ordinance requires a large parade to be rQuted 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 Driv~.
Recommendation
Approve Ordinance No. 2768
'--
',,--
CITY COUNCIL ACTION ITEM
Page ~ of ~
^-"-'---~~,-,._.._-~~.,~,,-~----~-~-
ORDINANCE NO. 2768
2
8
AN ORDINANCE AMENDING CHAPTER 15 OF THE NORTH RlCHLAND
HILLS, TEXAS, CODE OF ORDINANCES; ADOPTING A REGULATING PLAN
FOR PARADES, AND RECREATIONAL STREET USES; DEFINING AND
STATING REQUIREMENTS; PROVIDING FOR SEVERABILITY;
ESTABLISHING A PENALTY; 'PROVIDING FOR PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
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WHEREAS, the City Council desires to a40pt a regulating plan for parades and recreational
street uses, NOW, THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND
HILLS, TEXAS:
16
Section 1:
THAT Chapter 15 of the North Richland Hills Code of Ordinances is hereby
amended by adding a new Article IX which shall read as follows:
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"ARTICLE IX. PARADES AND RECREATIONAL STREET USES
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Sec. 15-201. Definitions
22
For the purposes of this article:
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Parade means any march or procession consisting of people, animals or vehicles, or a
combination thereof, except funeral processions, upon any public street or alley, which does not
comply with the nonnal or usual traffic controls.
28
Recreational street use means the use of a public street or alley for purposes that would involve
30 closing a portion of a street including, but not limited to: block parties, festivals, and similar
recreational events, both charitable and non-charitable, which do not comply with normal or
32 usual traffic controls.
34 Motorized Vehicle means any car, truck, van, bus, motorcycle, SUV, or any other automobile
to be included in the parade regardless if the motorized vehicle will be used for the purpose of
36 transporting parade participants.
38 Non-Motorized Vehicle means any vehicle that is not powered by a motor that utilizes
electricity, gasoline, or any other type of fuel in order to propel the vehicle. This includes, but
40 is not limited to, wagons or carriages drawn by horses, donkeys, mules or oxen.
42 Floats mean any type vehicle, motorized and otherwise, for use during the parade. This includes,
but is not limited to cars, trucks, vans, busses, motorcycles, SUV s, or trailers that are pulled by
44 either motorized or non-motorized vehicles.
Ordinance . 2678
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Large Parade means a parade that will involve more than 25 motorized vehicles, non-motorized
vehicles, or floats.
Small Parade means a parade that will include no more than 25 vehicles or floats 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.
Sec. 15-202. Failure to obtain permit
A person who promotes or sponsors a neighborhood parade or recreational street use that
involves the use of a public street or alley, which neighborhood parade, parade, or recreational
street use occurs without a permit having been issued therefor by the City of North Richland Hills
shall be guilty of a misdemeanor.
Sec. 15-203. Participation in violation when no permit issued
A person who participates in a parade or recreational street use on a public street or alley when
no permit for such activity has been issued, and said person has knowledge ofthat fact, shall be
guilty of a misdemeanor.
Sec. 15-204. Violation of terms of permit - Permittee
A person to whom a permit has been issued who intentionally violates the terms of the permit
shall be guilty of a misdemeanor.
Sec. 15-205. Violation of terms of permit - Participant in parade, etc.
A person participating in a parade or recreational street use for which a permit has been issued
who intentionally violates the terms of the permit shall be guilty of a misdemeanor.
Sec. 15-206. Permit
A person or organization promoting or sponsoring a parade or recreational street use involving
the proposed use of a public street without compliance with normal or usual traffic controls shall
apply for and obtain a permit for such activity from the City Secretary's Office of the City of
North Richland Hills. The Police Department, Fire Department, and the Public Works
Department shall review all permit applications to identify safety issues, traffic concerns, street
closures, adjustments to emergency response routes, and crowd safety. The City Secretary shall
issue approval or denial of all permits pertaining to this ordinance within fifteen (15) business
days of receipt of the permit application.
Ordinance . 2678
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Sec. 15-207. Application
The application must be made on a form provided by the City Secretary's Office and must be
filed with the City Secretary's Office not less than thirty (30) days prior to the proposed date of
the parade or recreational street use, and must include:
(1)
(2)
(3)
Ordinance . 2678
Page 3 of
The name and address of the responsible party and/or promoter, as well as any partners
and co-producers assisting in the promotion of the parade or recreational street use;
A description of the parade route or location of the recreational street use indicating:
(a)
(b)
(c)
the number of floats (if applicable);
the number of participants;
the size and location of any and all performance stages, booths, tents, and other
temporary structures or shelters (if applicable);
the location of the parade staging area (if applicable); and
any requests for street closure to accommodate the event.
(d)
(e)
The name and address of the owner ofthe location of the recreational street use or parade,
any assembly, staging or ending area to be used with a letter from the owner of said site
indicating permission to use the location as well as a statement describing any terms and
conditions of the agreement to use the location;
(4)
The date and time that the parade or recreational street use is to take place;
(5)
An estimate ofthe number of persons expected to attend the parade or recreational street
use including a plan for crowd safety and security;
(6)
A description of planned activities, such as food vendor service, speakers, music, and/or
entertainers scheduled for the event;
(7)
A full and complete statement describing the responsible party's preparations for the
parade or recreational street use to comply with the minimum applicable standards of
sanitation, health and fire safety in compliance with all state laws and City ordinances;
(8)
A description of all proposed traffic control to assure that the parade or recreational street
use will be safe for all persons participating and in attendance;
(9) The application for the permit must be signed by the responsible party;
(10) A non-refundable filing fee of One Hundred Dollars ($100.00) must be submitted with
the application for a permit for a large parade.
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Ordinance . 2678
Page 4 of
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(11) A non-refundable filing fee of Twenty Five Dollars ($25.00) must be submitted with the
application for a permit for a neighborhood parade or recreational street use.
(12) Fees may be waived for parades co-sponsored by the City or sponsored by the Birdville
Independent School District or other local civic organization.
Sec. 15-208. Routing
If the application is for a Large Parade, the route shall be so planned as to pass through one of
the following areas of the City:
(1)
Mid-Cities Boulevard from Davis Boulevard to Rufe Snow Drive; and
(2)
Grapevine Highway from Glenview to Richland Plaza Drive.
If the application is for a Neighborhood Parade, the Police Department, Fire Department, and
Public Works Department shall review the proposed route and work with the applicant to
detennine the best route.
Sec. 15-209. Timing of parades
Parades shall not be held during the hours of7:00 a.m. to 9:00 a.m., or 4:00 p.m. to 7:00p.m. on
weekdays.
Sec. 15-210. Security
Parades shall be required to provide and pay all costs for security for such event upon the basis
of one off duty police officer or private security officer for every 10 motorized or non-motorized
vehicles or floats. Recreational street uses shall be required to provide one off duty police officer
or private security officer for every one hundred (100) persons expected to attend. In the event
that the sponsors desire to use private security officers, they shall be required to furnish written
evidence from a state-certified security agency that arrangements have been made to furnish such
security officers at the above ratio prior to issuance of a permit.
Sec. 15-211. Amendment of application
The City of North Richland Hills shall consider each application individually and shall issue a
permit to an applicant whose application complies with Sections 15-207 through 15-210 of this
article within fifteen (15) business days after the date the completed application is filed. The
applicant and the City may agree in writing to extend the time limit. At any time prior to a
decision by the City, the applicant may amend the application and the City shall make a decision
on the application as amended within fifteen (15) business days after the date ofthe amendment.
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Sec. 15-212. Grounds for denial
The City may deny a permit under this article only under the following circumstances:
(1)
The applicant has failed to supply the information required in Sections 15-207 through
15-210 of this article;
(2)
The applicant refuses to amend the route so as to comply with the provisions of Section
15-208 ofthis article;
(3)
The applicant wishes to conduct a parade during the times prohibited by Section 15-209
ofthis article;
(4)
The applicant has not paid the permit fees required by this article;
(5)
There is another parade or recreational street use already scheduled for the same time and
place; or
(6) Scheduled maintenance or street closure for construction purposes.
(7) Failure to meet any of the provisions of this Ordinance.
Sec. 15-213. Appeal
An applicant who is denied a permit may appeal such denial to the City Manager or his designee.
The City Manager or his designee shall hear such appeal as soon as possible and within five (5)
working days of notification to the office ofthe City Manager."
Section 2:
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 ofthis ordinance,
since the same would have been enacted by the city council without the
incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
Section 3:
Any person, firm or corporation violating any provision oftms 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.
Ordinance . 2678
Page 5 of
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Ordinance . 2678
Page 6 of
Section 4:
The City Secretary is hereby authorized and directed to cause the publication of
the descriptive caption and penalty clause of this ordinance two times.
Section 5:
This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 23rd day of February, 2004.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVE AS TO FORM AND LEGALITY:
APPROVED AS TO CONTENT:
Department Head
CITY OF
NORTH RICHLAND HILLS
-...-
Department: Support Services / Finance
Council Meeting Date: 02/23/2004
Subject: Award Proposal for Fire Stations 1 & 4 to Harrison Quality Agenda Number: PU 2004-013
Construction in the Amount of $4,185,070 - Resolution No. 2004-016
In the 2002/03 approved CIP budget Council appropriated funds for the construction of two
new fire stations to relocate the existing Station 1 on Starnes Road and Station 4 on Dick
Fisher Drive as recommended in a 2001 Fire Service Study. Competitive Sealed Proposals
were solicited. The results outlined below shows the total cost for both stations including
the alternates for metal roofs and the community room at each site. The alternates for
stainless steel counter tops, glass windows above the bay doors, and the two additional
bays at Station 4 are not recommended at this time due to budget constraints. See the
attached spreadsheet fora breakdown of the following cost.
Harrison Quality Construction
Reeder General Contractors
Prime Construction
Ratcliff Constructors
Larrison Construction Texas
JC Commercial
LH Lacy
Key Construction
$4,185,070
$4,237,000
$4,611,000
$4,711,500
$4,960,000
(Incomplete - No Bid for Station 1)
(Incomplete - No Bid for Station 1)
(Incomplete - No Bid for St. 1 Community Room)
Harrison Quality Construction located in Carrolton met all the specifications and general
conditions of the proposal and can complete the project in 285 days. Harrison has stated
they will manage each station project separately. Harrison will assign a project manager
and superintendent to each station and even utilize different sub-contractors to assure the
projects run smoothly.
Similar construction projects completed by Harrison include the City of Richardson Fire
Station 6, City of Richardson Public Safety Building, and City of PIano Criminal Justice
Center. Current projects include the Audelia Library for the City of Dallas and a $2,583,000
maintenance facility for TXDOT in Euless.
Finance Review
305~8505-602.79-03 FD0401
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
FD0201
Budget Director
Finance Director
Page 1 of 2 _
CITY OF
NORTH RICHLAND HILLS
'::::--
Staff visited the Criminal Justice Center ànd Fire Station 6 and received positive responses
from the employees involved with the projects. Positive responses were also received on
other current and past references checked.
The contract amount of $4,185,070 includes an $180,000 contingency for changes
required during the construction. The additional $19,070 needed for the metal roofs will
come out of this contingency. City staff will work to keep change orders to a minimum
resulting in a savings or the opportunity to add other alternates toward the end of the
project. The project is within the approved budget.
Recommendation: To award the proposal for the construction of Fire Station 1 & 4 with
community rooms to Harrison Quality Construction in the amount of $4,185,070 and
approve Resolution No. 2004-016 authorizing the City Manager to execute the contract.
--
CITY COUNCIL ACTION ITEM
Page 2 of 2
RESOLUTION NO. 2004-016
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 Harrison Quality
Construction for the construction of Fire Stations One and Four as the act and deed of the
City.
PASSED AND APPROVED this 23rd day of February, 2004.
APPROVED:
Oscar Trevino
Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
~~
Thomas owell, Irector of Support Services
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CITY OF
NORTH RICHLAND HILLS
\
'--
Department: Public Works
Council Meeting Date: 2/23/2004
Subject: Award of Bid to McClendon Construction Company. Inc. Agenda Number: PW 2004-005
in the amount of $1 ,693,910.05 for the Rufe Snow Drive
Street Improvements (Glenview Drive to Karen Drive) and
Revise the 2003/04 Capital Projects Budget
Rufe Snow Drive (Glenview Drive to Karen Drive) is a Capital Improvements Project from the 1994
Bond Program. This project is one of the last 1994 bond projects remaining. The project consists
of the reconstruction of approximately 4,500 feet of the existing 48·foot wide asphalt street with
new concrete pavement, storm drain and utility improvements. The budget for this project was
established in the 90's (prior to the City's Image Study). Since the budget did not include City
Image Study features such as streetscaping, staff included an alternate bid which included some of
these items. In addition, certain features of the City Image Study were also included in the base
bid.
Bids were received for this project on February 3, 2004. Nine contractors submitted bids. The
three low bidders are shown below with both the base bid and alternate bid.
Calendar
Bidder Base Bid Alternate Bid Total Da s
McClendon
Construction Co. $1,447,712.85 $ 246,197.20 $ 1,693,910.05 270
Stabile and Winn,
'-- Inc. $1,592,047.10 $ 300,665.25 $ 1,892,712.35 270
SYB Construction
Com an , Inc. $ 1,615,909.39 $ 266,433.15 $ 1,882,342.54 330
Base Bid:
The base bid is comprised of the original scope of work planned for the project in 1993. It includes
reconstructing the street to its original width with new concrete pavement. The project also
includes drainage improvements and sidewalks. One change made to the original scope was the
inclusion of meandering sidewalks.
This type of sidewalk design is more aesthetically pleasing and provides an opportunity for the
future landscaping of "parkway pockets" created by the curves in the sidewalks. The meandering
sidewalks were included in the base bid for the project.
Source of Funds:
Bonds {GO/Rev.}
Operating Budget r.
Other
Finance Review
Account Number ST0203
Sufficient Funds AvallaDle
\,
Finance Director
_/!Çø--
Page 1 of_
CITY OF
NORTH RICHLAND HILLS
The low base bid was submitted by McClendon Construction Company, Inc. in the amount of
$1,447,712.85, which exceeds the original budget by $42,712.85, or approximately 3%. The
budget for this project was established in 1993 and updated in 1998. Inflation and increases in the
price of materials since 1998 would account for this cost difference.
I
Alternate Bid:
The alternate bid consists of 3 items. Two of the items are elements found in the City Image
Study, brick paver crosswalks and ornamental street lights. The brick paver crosswalks are
proposed for each side street along the length of the project and at the existing crosswalks for
North Richland Middle School and Mullenqore Elementary School. The proposed decorative street
lights are of the same design as those recently installed on North Tarrant Parkway. They will be
installed on the east side of the road, every 150 feet along the entire length of the project. Existing
overhead power lines prohibit the installation of street lights on the west side of Rufe Snow Drive.
The third item included in the alternate bid is to restrict construction adjacent to North Richland
Middle School to the summer months only (June 1 - September 1) to minimize disruption to school
traffic.
The bid alternates consisted of:
Item
Pavestone crosswalks
Decorative street lights
Restrict paving construction adjacent
to middle school
Total Alternate Bid
Bid Amount
$ 23,588.00
219,709.20
2.900.00
$246,197.20
The City has the option oi choosing which (if any) bid item to include.
Staff is recommending that all bid alternate items be included. The first two items would allow
some of the streetscape "features" as outlined in the City Image Study to be added to the southern
part of the City. The third bid alternate item would require the contractor to substantially complete
the section of Rufe Snow Drive adjacent to North Richland Middle School during the summer
months when the school is closed.
Additional funds of $288,910.05 are required to fund the street, drainage, and landscaping portions
of the project. Sufficient funds remain in the Unspecified Street account which is comprised of
project savings from previously completed projects. The current balance in Unspecified Streets is
$1,121,188. Allocating the necessary street funds of $288,910.05 from the unspecified balance to
complete this project will leave $832,277.95 available for future street projects. The utility portion
of the budget did not change.
Staff is aware that the construction of this project will increase the traffic congestion which already
exists on Rufe Snow Drive due to current projects. The construction of this project will coincide
with the construction of the bridge at IH 820 and Rufe Snow Drive, which is estimated to be
complete by November 2004. Staff would recommend that the City award the project at this time,
but Council does have the option of rejecting the bids and postponing this project until after the
bridge is complete. r
Recommendation: To award the bid to McClendon Construction Company, Inc. for the Rufe Snow
Drive Street Improvements (Glenview Drive to Karen Drive) in the amount of $1,693,913.05 and
approve revising the 2003/04 Capital Projects Budget as shown on the attached.
CITY COUNCIL ACTION ITEM
Page_of _
Street & Sidewalk Capital Projects
Rufe Snow Drive Street Imp. (Glen view to Karen)
ST0203
PROJECT DESCRIPTION & JUSTIFICATION
This project will reconstruct approximately 4,500 feet of an existing 48-foot wide asphalt street. The new street will be the same
width and will begin at Glenview Drive and end at Karen Drive. The engineer considered 2 designs for this project 1.)
Reconstruct it back as it is today, or 2.) Constructing it with a landscape median. There was not enough right-of-way to select the
later design. This section of Rufe Snow Drive was originally constructed in the 1960's as an asphalt street. The average life of
an asphalt street is 20 years. This street is approximately 40 years old and has never been overlaid. The current street condition
rating is 48. This rating is considered to be Poor, consisting of significant potholes, complete surface deterioration and
misaligned curb and pavement surface. The completion of this project will provide a safer roadway and reduce maintenance
costs.
Note: The $12,405 in "reserves" represent personnel cost related to the project and will be funded from unspecified project
savings.
PROJECT STATUS Original 2003/2004 Original 2003/2004
Start Date Revision End Date Revision
Engineering/Design 04/2002 04/2003 02/2003 02/2004
Construction 08/2003 04/2004 11/2004 01/2005
REVISION EXPLANATION
The proposed revision includes additional funding necessary to cover the inflation increases in price and materials. it also
includes additional funding for the recommended bid alternate items such as streetscape "features." This also covers a
contractual obligation requiring the contractor to substantially complete the section of Rufe Snow adjacent to North Richland
Middle School during the summer months.
FINANCIAL DATA
2003/2004 Total
Funding Source Amount to 2003/2004 Revised Remaining Project
Date Adopted Budget Budget Cost
Prior Funding Allocations:
G.O. Bonds, Series 2002 ('94 Progra $380,000 $0 $0 $0 $380,000
G.O. Bonds, Series 2003 ('94 Progra 920,000 0 0 0 920,000
Reserves 12,405 0 0 0 12,405
Proposed Funding Revision:
Unspecified Project Savings 0 0 289,000 0 289,000
Total $1,312,405 $0 $289,000 $0 $1,601,405
Project Expenditures
Engineering $160,000 $0 $0 $0 $160,000
Land/Right-of-Way 0 0 0 0 0
Construction 140,000 800,000 1,089,000 200,000 1,429,000
Other 0 12,405 12,405 0 12,405
Total $300,000 $812,405 $1,101,405 $200,000 $1,601,405
IMPACT ON OPERATING BUDGET
Road maintenance and other expenses should be nominal during the first 5 to 10 years for this project.
Annual Operating Impact
Pro'ected
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44
Announcements and Information
February 23, 2004
Announcements - Councilmember John Lewis
The reg.ularly 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.
Februa'ry 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!
Information
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.