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Home My WebLink AboutCC 2004-01-12 Agendas ~ CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JANUARY 12, 2004 - 6:00 PM 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 January 12, 2004 City Council Meeting (5 Minutes) Discuss Expanding Objectives of Joint Ad Hoc Renaming 2. IR 2004-002 Committee ,(South Grapevine Corridor) (15 Minutes) Consider Joint Meeting with Rich land Hills City Council to 3. JR 2004-001 Discuss the Finalization of the South Grapevine Highway Corridor Strategy (10 minutes) 4. IR 2004-003 Discuss 2004 Federal.Legislative Program (10 Minutes) 5. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Discuss Pending Settlement with Attorney as Authorized by §551.071 - Humphries vs. Scott / 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 sessiolJ. POSTED /-'1'09 0.. ~:I.5 þlJ1 Time g CIty Secretary, &, ~th-- 01/12/04 City Council,Agenda Page 1 of4' · CITY OF NORTH RICHLAND HILLS CITY COUNCIL AG·ENDA JANUARY 12, 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 - Larry J. Cunningham. City Manager 3. Pledge - 4. Special Presentations 5. Citizens Presentation 6. Removal of Item( s) from the Consent Agenda 01/12/04 City Council Agenda Page2of4 NUMBER ITEM ACTION TAKEN 7. Consent a. Minutes of the December 15, 2003 Agenda Council Meeting GN 2004-003 b. Reject Bid for Construction of Pavilion at Iron Horse Golf Course PU 2004-001 c. Authorization to Extend Annual Shirt Contract with Active Impressions - Resolution No. 2004-001 PU 2004-002 d. Authorization to Extend Annual Contract for Top Soil, Flex Base and Sand with HJG Trucking - Resolution No. 2004-002 PU 2004-003 e. Authorize Inter-Local Purchasing Agreement with the City of Bedford and Authorize Purchase of Firefighter Uniforms - Resolution No. 2004-003 8. PZ 2003-18 Public Hearing to Consider a Request from Don Phifer for a Zoning Change from "R3" Residential to "NS" Neighborhood Services (Located in the 8000 Block of Davis Boulevard - 2.18 Acres) - Ordinance 2764 9. PS 2003-52 Consideration of a Request from Phifer/Hogan Realty, L.L.C. to Approve the Final Plat of Lots 1-5, Block 2, Lots 1-6, Block 3 and Lots 1-5, Block 4 Country Place Estates Addition (Located in the 8000 Block of Davis Boulevard - 5.866 Acres) 10. 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) - Ordinance 2765 11. GN 2004-001 Approve Ordinance No. 2766 Providing for Discontinuation of Utility Services for Non , Payment and Placement of Lien on Non- Homestead Property 12. GN 2004-002 Approval of New Committee Member to the Youth Advisory Committee 01/12/04- City Council Agenda Page 3 of4 ... NUMBER ITEM ACTION TAKEN 13. PW 2004-001 Approve City-Developer Agreement for Paving Improvements to Smithfield Road and Bursey Road and Revise 2003/04 Capital Projects Budget - Resolution No. 2004-004 14. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda 15. Information and Reports 16. Adjournment - POSTED 1..4.0~ Date 4:J5 om TIme kJ¿::: 01/12/04 City Council Agenda Page 4 of4 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004-002 "* Date: January 7, 2004 Subject: Proposed Expansion of Objectives for Joint Ad Hoc Renaming Committee The Joint Ad Hoc Renaming Committee had an initial meeting on Thursday, December 18, 2003 at 6:00 p.m. in the North Richland Hills Library Conference Room. Mayor Oscar Trevino and Mayor Nelda Stroder were present to give general direction. Also present were Scott Turnage, JoAnn Johnson and Frank Metts Jr. from North Richland Hills and Herb Reynolds and Steve Couch from the Richland Hills City Council. Scott Turnage was elected as Chairman of the Committee and Herb Reynolds was appointed by Scott as Vice Chairman. The initial charge of the Committee INaS to come up with proposed names for changing Grapevine Highway to a more appropriate name that reflects the character of the area. Following discussion, the Committee decided to bring back suggestions to both City Councils for expanding the charge of the Committee to include a 'branding" concept and general identification of the entire area. It was a consensus of the Joint Ad Hoc Renaming Committee that the geneel area of interest not only includes Grapevine Highway but also Rufe Snow south of Loop 820 to S.H. 121 and Glenview through both cities. Both Mayors seemed interested in looking at creating a unique identity for the entire area through a marketing and branding campaign that could eventually result in a new name for the area. As a result of general discussions by both City Council's and the need for a marketing and image campaign to kick off the South Grapevine Corridor Area, the Joint Ad Hoc Renaming Committee recommends the "charge" for the Committee be expanded as follows. 1) Agreement on a general boundary for the proposed redevelopment area. 2) Consider a process for developing a "branding campaign" that would include: a. incorporating a new name for the identified redevelopment area b. identification of general design elements that promote a unique and specific image for the area c. development of marketing materials that would promote interest and investment in the area (Such a process may include securing services from a private marketing firm to assist with development of a branding campaign.) 3) Present a quarterly status report to the City Councils of Richland Hills and North Richland Hills. The next Committee meeting is to be held on Tuesday, January 20,2004 at 6:00 p.m. in the North Richland Hills Library. Please see the attached minutes ofthe previous meeting. Committee members are seekina direction from City Council reaardina the excanded charae for the Committee at the January 12 work session meetina. The Richland Hills City Council will also be considering this expansion ~f the Ad Hoc Committee's "charge" at their January 13 Council meeting. SinCereIY,~L.. '~ ~te V..Jot~f John Pitstick Development Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Agenda Minutes Joint Ad Hoc Renaming Committee - Richland Hills & North Richland Hills City Councils 6:00 p.m., Thursday, December 18, 2003 North Richland Hills Public Library Committee Members Present: Scott Turnage, Councilmember, NRH JoAnn Johnson, Council member, NRH Frank Metts Jr., Councilmember, NRH Herb Reynolds, Councilmember, Richland Hills Steve Couch, Council member, Richland Hills Others Attending: Mayor Oscar Trevino, North Richland Hills Mayor Nelda Stroder, Richland Hills Larry Cunningham, City Manager, North Richland Hills Jim Quin, City Manager, Richland Hills John Pitstick, Development Director, North Richland Hills The meeting was called to order by Mayor Oscar Trevino at 6:07 p.m. At the outset of the meeting Mayor Trevino along with the concurrence of Mayor Stroder stated that they recommended expanding the scope of the Committee to be more in tune with the "branding" concept identified in the implementation plans of the South Grapevine Highway Strategy. Mayor Trevino stated that he was interested in defining and identifying the entire area which should include in addition to Grapevine Highway, Rufe Snow Drive south of Loop 820 to S.H. 121 and also Glenview Drive through both cities. Both Mayors were interested in keeping the committee in place for the implementation efforts for the South Grapevine Highway Strategy. It was also brought up that North Hills Hospital and North Hills Mall could incorporate the new name of the redevelopment area. Mayor Trevino also mentioned that the freeway interchange could be known by what the new area could be called. Mayor Stroder stated that we are looking for an identity and are not interested in specific names at this point. The main strategy should be to identify the area and create an identity. Mayor Trevino opened the floor for nominations for a chairperson. Frank Metts Jr. nominated Scott Turnage to serve as the chairman of the Committee. Herb Reynolds seconded the nomination and all members agreed by acclamation to designate Scott Turnage as Chairman. It was agreed to have a vice chairman from Richland Hills and Scott Turnage appointed Herb Reynolds as vice chairman. There was a general discussion on looking at an expanded effort for the Joint Ad Hoc Renaming Committee to include identifying and creating a "branding effort" for the area. JoAnn Johnson made a motion to take these suggestions back to each individual City Council as a whole to define the new and expanded charge of the Committee. The Committee agreed to discuss the expanded charge at the upcoming Council Meetings on January 12 in North Richland Hills and January 13 in Richland Hills. The next Joint Ad Hoc Renaming Committee was agreed to be held on Tuesday, January 20,2004 at 6:00 p.m. in the North Rich/and Hills Library. The meeting was adjourned at 6:45 p.m. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR2004-001 ~ Date: T Subject: January 12, 2004 Consideration of Holding a Joint Meeting with the City of Richland Hills City Council to Discuss the Finalization of the South Grapevine Highway Corridor Strategy As the combined planning efforts of the South Grapevine Highway Corridor Strategy wind down, a process for implementation of the many recommendations will soon begin. In anticipation, this item has been placed on the agenda to discuss the possibility of holding one additional joint meeting between both City Councils of North Richland Hills and Richland Hills. Staff members from both cities, and the planning consultants, are recommending that elected officials from both communities come together for one final meeting. At this meeting, the results of the planning study will be shared. This last meeting will offer additional opportunity to make changes to its contents and/or to the proposed implementation strategies. Also, it is staff's recommendation that an informal consensus be developed by both groups of policy makers regarding the contents of the planning documents. The South Grapevine Highway Corridor Strategy will then be brought independently to both groups at subsequent meetings for official adoption. In an effort to avoid conflict with other meetings in both cities, staff has attempted to narrow potential dates for your consideration. The two dates in mind are Tuesday. February 3rd or Thursdav. February 5th. If you are in agreement with meeting one more time, please check your calendars for any potential conflict on these dates. At next Monday's City Council meeting we hope to gain direction from the City Council regarding your desires with this issue. The City of Richland Hills City Council will also be discussing the participation in one more meeting with you. Their discussion will take place on the evening of Tuesday, January 13th. They will also be considering a meeting on one of these dates. Please feel free to call if you need any additional information. zzrõtted' Richard Torres Interim Assistant City Manager 1 ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004-003 Date: January 12, 2004 Subject: Discuss 2004 Federal Legislative Program The purpose of this report is to provide you with information and receive input regarding our legislative priorities for the 2004 session of Congress. A draft of the 2004 Federal Legislative Program is attached for your review. Staff plans to put the program on the January 26, 2004 Council agenda for approval. As in the past, we have used four guiding principles to determine positions on city related issues we expect will come forward during this session of Congress. These guiding principles are local control, a predictable and sufficient level of revenue to provide for our citizens, opposition to unfunded mandates, and quality of life. We expect the highest priorities this session to include: · Local Priorities for Homeland Security · Public Safety and Collective Bargaining · Transportation issues including the reauthorization of the Transportation Equity Act (TEA- LU), NETS funding, and Job Access Reverse Commute (JARC) funding · Air Quality · Internet Sales Tax · Telecommunications issues related to the collection of franchise fees '-...- · CDBG Funding Issues · Local Law Enforcement Block Grant Funding · Water Infrastructure Financing · Amusement Park Regulation We look forward to discussing this with you Monday and hearing whether you have any additional items to add to the program. Respectfully Submitted, I~~ Paulette Hartman Assistant to the City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NRH City of North Rich/and Hills 2004 Federal Legislative Positions January 2004 1 Table of Contents Federal Leg islative Introduction......................................... ......... ..................... 3 Protecti ng the Homeland........................ II' ... ....... .... ..... ....... ... I" 1...1 .... ........... .... 4 Local Priorities for Homeland Security.............................................................. 4 Public Safety and Collective Bargaining ........................................................... 4 Sustaining Federal Support for Critical Municipal Programs ........................ 5 Water I nfrastructure Financing ......................................................................... 5 Protecting Local Programs and Revenues ...................................................... 5 Community Development Block Grant Funding Issues..................................... 5 Local Law Enforcement Block Grant................................................................. 6 Telecommunications......................................................................................... 6 Air Quality........ ....... .................. .......... .............. ..... .................................. ......... 7 Electric Deregulation. ............ .............. ... ... .... ......... ..... .......... ... ..... ............. ....... 7 Transportation Issues....................................................................................... 8 Internet Sales Tax............................................................................................. 9 Unfunded Mandates... I........ ..... I........ I. ........ .... ........ ............. ... I... ..... I... I........... 10 Amusement Park Regulation.......................................................................... 10 Energy Policy.................................................................................................. 10 Conta.cts . ...... I' I' I.......... ................... I................ .... ..... .... ............... ................... I" 11 City of North Richland Hills ............................................................................. 11 North Richland Hills Mayor and City Council.................................................. 11 2 Federal Legislative Introduction Throughout history, Congress has created laws and policies that greatly affect the administrative and political decisions of local governments throughout the country. The City Officials of North Richland Hills would like to state definitive opinions on some of the issues at the federal level including local control, transportation needs, and public safety and to provide our positions with a small portion of background and reasoning for such positions. The City of North Richland Hills uses four primary principles in rendering its opinions on legislative issues. These are: 1. We will vigorously oppose any legislation that erodes the authority to govern our own local affairs. 2. Cities represent the level of government closest to the people. We bear primary responsibility for the provision of capital infrastructure and for ensuring our citizens' health and safety. Thus, we must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish those revenues. 3. We will oppose the imposition of any federal mandates, which do not provide for a commensurate level of compensation. 4. We will support any legislation that increases the quality of life for our citizens. This includes legislation that will not only provide an equitable amount of revenue for our city, but also provide equitable services that will encourage pride and growth in our community. Other issues will arise in the future. This document will be amended and updated to suit the most current and important issues. However, if an issue arises that is not included in this position paper, we urge the Congress to keep our guiding principles in mind as they make important decisions concerning our future. 3 Protecting the Homeland Local Priorities for Homeland Security Since September 11, 2001, North Richland Hills and many other local governments have been providing for homeland security as first responders. Although funds have been appropriated as grants to first responders, Congress has only provided a relatively small level of funds for programs needed for local homeland security priorities. North Richland Hills calls on the Federal Government to increase guidance to help cities meet new national defense responsibilities, including an increase in direct federal funding to local governments for preparedness and response, training, threat assessments communications systems, public health systems and critical infrastructure protection. Public Safety and Collective Bargaining Pending federal legislation would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. This goes directly against Texas Right to Work Laws, which protec~ the same employees from being required to join or pay dues or fees to unions. The 'legislation would negate the labor protection laws of the states, labor agreements of states and municipalities, civil service systems and the North Richland Hills Personnel Procedures. North Richland Hills believes that the federal government should not undermine municipal authority with respect to making fundamental employment decisions by mandating specific working conditions. North Richland Hills opposes federal legislation which singles out a class of municipal employees to be provided special bargaining rights, and pre-empt investigative and disciplinary procedures that are already in place under civil service systems. 4 Sustaining Federal Support for Critical Municipal Programs Water Infrastructure Financing North Richland Hills supports a renewed federal financial commitment to assist local governments in meeting their water ,and wastewater infrastructure needs, including financing mechanisms such as loans, loan subsidies, grants, and negative interest loans. Because of EPA mandates, and the inability of local governments to recoup the expense of updating the existing lines, there is a call for federal assistance for infrastructure needs. Funds should be allocated for both wastewater and drinking water through a proposed grant program, which calls for the money to be allocated to states through a 20 percent match for funds. Protecting Local Programs and Revenues Community Development Block Grant Funding Issues Providing quality neighborhoods and housing for all Americans by continuing successful programs such as the Community Development Block Grant (CDBG) is important to the City Council of North Richland Hills. This program demonstrates a strong federal-local partnership that must be sustained. Funding has remained static over the past ten years, with a budgeted increase of $ 62M for 2004. There are currently over 1,000 entitlement communities, including North Richland Hills, of which it has been reported in the past that 15% of these communities were not able to spend their allocation of money in a timely manner. We are concerned that this may lead to lower future allocation of funds, if it is shown that these funds cannot be used appropriately. North Richland Hills supports the continuation of this program at current and/or increased levels, as this program has been and will continue to be important in funding neighborhood rehabilitation projects within our community. 5 Local Law Enforcement Block Grant The City of North Richland Hills has received funds from the Local Law Enforcement Block Grant (LLEBG) program since 1997. Funds from this grant program have provided emergency police vehicles, police motorcycles (which have been crucial to traffic control and enforcement in our City), and a school resource officer to insure public safety in our ~chools. Overall, LLEBG funds have assisted North Richland Hills in lowering the crime rate each year by providing the City with the funds to obtain the necessary tools to protect our City. North Richland Hills believes that the LLEBG is a great example .of a successful federal-local partnership and urges Congress to continue to sustain federal funding at current levels. Over the course of the past few years, total funding provided to cities under LLEBG has steadily decreased; in fact a current appropriations bill would create a reduction from $400 million to $150 million nationwide. Direct federal crime prevention assistance is an important component of the public safety program in North Richland Hills because it provides additional resources for necessary equipment and staff to better serve our community. As such, it is important that this significant program be continued with a funding increase, or at the very least, a level consistent with current funding to allow for accurate strategic planning of public safety programs in our community. North Richlan,d Hills supports the reauthorization of the Local Law Enforcement Block Grant (LLEBG) program with funding increased or maintained at the current level for local communities. Telecommunications A well funded broad coalition of telecom industry associations (including telephone, cable, and their intertwined internet services) are making an effort to have Congress pre- empt the authority of local governments to set their own taxes and tax rates on telecommunications and instead have uniform state taxes and rates, completely leaving localities out. In addition, the telecom industry is aggressively seeking to attach this issue to the Internet tax issue by elimination municipalities' ability to collect any franchise fees from telecom providers that provide access to the Internet. Local officials across the nation believe that they must be fairly compensated by the telecom industry for the use of public rights-of-way. Telecom providers are seeking to avoid compensating local governments by asking Congress. the FCC, and state legislatures to limit local control. Such changes would result in a loss of $800,000 to North Richland Hills' budget, an amount roughly equal to the amount budgeted annually for our public library. North Richland Hills will oppose any legislation that will restrict our ability to manage our rights-of-ways. We also oppose any efforts to allow right-of-way users access without appropriate compensation to the City. Rights-of-way represent a valuable asset to municipalities and must be managed as such. 6 Air Quality It is important that federal legislation help Metropolitan Statistical Areas achieve EPA air quality standards. The OFW area is a serious non-attainment area. Through the coordination efforts of the North Central Texas Council of Governments (including the North Texas Clean Air Coalition and the Regional Transportation Council), and measures taken by cities, the OFW region has made great efforts over the last 10 years to improve air quality and meet EPA standards. However, additional measures must be taken for the region to be able to bring air quality to acceptable levels. If air quality is not improved, we could be facing loss of federal and state funds for transportation, economic development and other areas. North Richland Hills supports legislation that would assist in improving the air quality in our region including such measures as: · Continue providing funds for the implementation of alternative and low emissions fuel programs for public vehicle fleets · Open mass transit and fixed rail projects to additional federal funding without diverting highway trust fund monies to such projects · Funding for 1-35 NAFTA Corridor enhancements · Recognition of air quality problem in areas south of the border · Remove threat of funding loss if air quality standards are not met · Banning the use of MTBE in reformulated gasoline, while continuing to assist municipalities maintain federal clean are standards · Reauthorizing TEA-21, known as TEA-LU, with increased funding for the Congestion Mitigation Air Quality (CMAQ) program Electric Deregulation Federal electricity deregulation would a have a large impact on all municipalities-not just localities that are "public power" cities. The issues for local governments will involve local franchise authority and fees, right-of-way management, zoning issues, property taxes, and municipal electric bills. North Richland Hills opposes federal pre-emption of local government authority regarding rights-of-way, franchise fees, and other revenue generation. North Richland Hills also opposes any federal efforts to pre-empt the ability of local governments to aggregate in order to purchase power at lower prices. State and local governments should continue to be the primary decision-makers in restructuring the electric utility industry. Any restructuring program should result in all consumers receiving benefits. 7 Transportation Issues States and localities develop long-range transportation plans while counting on a dedicated revenue stream that cannot be disrupted. The financial health of transportation programs in the nation's cities will be in jeopardy as credit and bond financing may be at risk. Many transportation projects are funded using financing techniques that anticipate federal revenue so that a project can be completed in a timely manner. TEA-21 provides funding to vital city programs, such as transportation infrastructure, to contribute to a community's fiscal health and quality of life. North Richland Hills opposes funding cuts to TEA-21 and supports the reauthorization of TEA-21, known as TEA-LU. In addition, North Richland Hills supports funding operating and capital needs for small urban transit operators such as the Northeast Transportation Services (NETS), which provides on demand transportation for the elderly and disabled in eight Northeast Tarrant County Cities, and the Job Access Reverse Commuter (JARC) program. Mass transit and rail service funding increases, along with expediting transportation projects, will provide relief for highway demands while helping to address air quality issues. Currently, the Dallas-Fort Worth region has several inter-city rail projects under study, including the Cotton belt Railway. Providing additional funds for mass transit and rail service projects, and expediting the process to begin these projects could significantly benefit the area and help improve air quality. North Richland Hills urges Congress to pass legislation to provide funding for the expansion and continued support of inter-city rail projects and other intricacies involved with intermodal transportation, including job access reverse commuter programs and small urban transit providers. North Richland Hills also urges Congress to keep in mind certain principles during the reauthorization of TEA-21 such as; urban congestion, air quality, funding guarantees, and other principles that would recognize the major responsibility and role local governments have in maintaining the national transportation system. 8 Internet Sales Tax State and local governments rely heavily on revenue from sales tax. In North Richland Hills, sales tax comprises almost one-third of the revenues that support our total operating budget. Sales tax also supports special districts such as Crime Control and Prevention, and special projects such as the development of parks and recreation facilities. The migration of sales to the Internet, coupled with the qifficulty in collecting sales tax for remote sales transactions has resulted in some erosion of the local tax base. This trend will only continue as the popularity of Internet shopping increases and the Internet sales tax moratorium continues. In fact, some projections estimate losses will jump to $45 billion by the year 2006. This is significant issue for states, such as Texas, that do not levy a personal income tax. One study has found that the potential revenue loss will make up almost 10 percent of total expected tax collections by 2011. To make up for the lost revenue, Texas would have to raise its current statewide sales tax rate from 6.25 percent to 7.86 percent. Another issue regarding sales tax of concern to the City deals with the Streamlined Sales Tax Project. When the project was originally conceived it was seen as a way for states and cities to capture sales taxes on remote sales, such as catalogue and Internet purchases. Texas cities were initially supportive of the Streamlined Project because all signs pointed to changes in state law that would affect only interstate remote sales. Unfortunately, the Streamlined Project has reversed itself and in its latest form, the Streamlined model statutes and agreements would require all participating states to adopt point-of-destination sales tax sourcing for intrastate sales as well as interstate sales. This change in sourcing would be harmful to Texas cities for two reasons. First, it will result in massive shifting of revenue from origin cities to destination cities. Second is the likely result that Texas cities will see a net loss in sales tax revenues overall because there would be no city sales taxes collected at all on goods shipped from incorporated to unincorporated areas of Texas. The City of North Richland Hills has a multi-faceted position on this issue: · North Richland Hills supports the application of sales tax on applicable products and services purchased through electronic commerce to preserve the local tax base. · North Richland Hills opposes legislation in Congress that proposes to enact further limits on the ability to tax Internet sales. · North Richland Hills opposes any legislation that would "streamline" the state's sales tax system in a way that would negatively affect municipal revenues, municipal authority to impose the sales tax, or the flexibility cities currently have to impose various sales tax rates for various purposes. · North Richland Hills opposes S. 150- The Internet Tax Non-Discrimination Act because it would result in a loss of $800,000 to City budget and it pre-empts local authority to collect franchise fees from cable and telephone companies that provide access to the Internet. Franchise fees have been collected as "rent" for use of the public rights-of-way long before the Internet existed. 9 Unfunded Mandates Amusement Park Regulation In the wake of several accidents at amusement parks across the nation over the last few years, there have been new efforts made to enact new federal legislation governing amusement parks. New legislation would include increased federal regulatory powers over such establishments and, possibly, unfunded mandates imposed upon amusement parks requiring expensive upgrades to equipment and facilities without additional revenue. Specifically, the National Amusement Park Ride Safety Act of 2003 - Amends the Consumer Product Safety Act tq extend the definition of consumer product to include amusement rides permanently fixed to a site (thereby granting the Consumer Product Safety Commission jurisdiction over such rides). North Richland Hills opposes any new efforts to pass legislation that increases the regulatory powers of the federal government over amusement parks. The City is opposed to such legislation because of the eroding effect it has on our authority to govern local affairs. 'We believe the current regulatory structure as it currently applies to fixed-site amusement parks are sufficient to protect against safety risks associated with amusement park rides. Energy Policy North Richland Hills is concerned that current energy legislation, H.R. 6, the "Energy Policy Act of 2002", would create an unfunded mandate for local governments. By providing limited immunity from lawsuits to makers of groundwater pollutants. the federal government would create a financial burden on local governments. North Richland Hills opposes language in the energy bill that pre-empt state laws, imposes unfunded mandates to clean up contaminated groundwater and prevents municipalities from recouping cleanup costs from the manufacturers of the gas additive methyl tertiary-butyl ether (MTBE). North Richland Hills also urges not only ban the use of environmentally harmful fuel additives, but also to continue helping assist the DFW with clean air initiatives. 10 Contacts City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817)427-6000 Fax: (817)427-6016 http://www.nrhtx.com Larry J. Cunningham City Manager (817)427-6007 Email: Icunningham@nrhtx.com Richard Torres Assistant City Manager (Interim) (817)427-6006 Email: rtorres@nrhtx.com Karen Bostic Managing Director of Fiscal and Administrative Services (817)427-6005 Email: kbostic@nrhtx.com Paulette Hartman ** Assistant to the City Manager (817)427-6015 Email: phartman@nrhtx.com North Richland Hills Mayor and City Council (817)427 -6061 Oscar Trevino, Mayor Joe D. Tolbert - Mayor Pro Tem John H. Lewis - Place 1 Scott Turnage - Place 2 Frank Metts, Jr. - Place 3 JoAnn Johnson - Place 4 David Whitson - Place 5 Tim Welch - Place 7 ** Paulette Hartman is the primary legislative contact for North Richland Hills 11 CITY OF NORTH RICHLAND HILLS '1epartment: Finance·/ Support Services Councit Meeting Date: 1/12/2004 Subject: Reject Bid for Construction of Pavilion at Iron Horse Agenda Number: GN 2004-003 Golf Course Formal bids were solicited for the construction of a pavilion at Iron Horse Golf Course. The approved budget for this project is $125,000. Ten bids were submitted and the low bid is $158,786. Because all the bids exceed the approved budget, Staff is recommending the bids be rejected, the specifications revised and the project be re-bid. Recommendation: To reject all bids received for the construction of a pavilion at Iron Horse Golf Course and authorize Staff to revise the specifications and re-bid the project. )~ ( Source of Funds: Bonds (GO/Rev.) Operating Budget Other i ~ ~jJj ~ H dS' t DeDartmentea lana ure Finance Review Account Number Sufficient Fund vailable Budget Director Page 1 of L .' -:: CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1/12/2004 Subject: Authorization to Extend Annual Shirt Contract with Active Impressions Resolution No. 2004-001 Agenda Number: PŒJ 20 0 4 - 0 0 1 At the December 10, 2001 meeting, Council awarded the contract to Active Impressions (PU2001-046) to supply various types of shirts for a two year term. T-shirts and golf shirts are used by various departments as part of their uniform and by the Parks and Recreation Department for the various sport leagues and special events. Departments order these shirts as they are required throughout the year. Active Impressions has stated they will extend the current contract an additional year at the 2001 bid prices. The contract pricing is 43 percent off the manufacturer retail catalog price. This type of contract gives the City the ability to choose any item from the vendor catalog and not be limited to specific types, colors or brands. Miscellaneous services such as silk screening, embroidery and creating the artwork that may be required are included as part of the contract. Active Impressions has been awarded this contract the last fIVe years and has provided excellent service, orders are delivered by the requested date and they are a very knowledgeable and easy company to work with. ',---- The bid specifications and contract allow for the contract to be extended for an additional one year term if it remains beneficial to the City. The contract will be re-bid next year. Recommendation: To authorize the contract extension with Active Impressions to supply various types of shirts and pass Resolution No. 2004-001 authorizing the City Manager to execute the contract. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Various vaUable \ '-~ w Page 1 of ..1. RESOLUTION NO. 2004-001 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 Active Impressions, to provide various types of shirts as the act and deed of the City. PASSED AND APPROVED this 12th day of January, 2004. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: , CITY OF NORTH RICHLAND HILLS ~. Department: Finance / Public Works Council Meeting Date: 1/12/2004 Subject: Authorization to Extend.Annual Contract with HJG Trucking Agenda Number:PU 2004-002 For lOp SOli, Sand and ¡-;Iex Base ResolutIon No. 2004-002 In the 2003/2004 approved budget, Council appropriated funds for the purchase of various materials required for street repairs following water/sewer repairs or improvements. At the December 10, 2001 meeting, Council awarded the annual contract to HJG Trucking in the amount of $58,900 (PU2001-045), and at the 11/25/02 meeting Council extended the contract an additional year for the same amount. These materials are used by the Public Works/Utility Department and are ordered and delivered on an as need basis. Bidders were requested to submit bids on estimated quantities of the above referenced materials and guarantee the price for a twelve-month period. HJG Trucking has stated they will extend the current contract an additional year at the 2001 bid prices. This company has been awarded the contract several years and has always provided good service and made deliveries within the required two days from date of order. ',-- The bid specifications and contract allow for the contract to be extended for an additional one year term if it remains beneficial to the City. The contract will be re-bid next year. Funding Source: 405-6004-731.43-45 405-6005-731.43-45 Recommendation: To authorize the contract extension with HJG Trucking to supply topsoil, sand and flex base and pass Resolution No. 2004-002 authorizing the City Manager to execute the contract. Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other \ . \~ RESOLUTION NO. 2004-002 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 HJG Trucking, to provide top soil, flex base and sand, as the act and deed of the City. PASSED AND APPROVED this 12th day of January, 2004. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: " ~' CITY OF NORTH RICHLAND HILLS ,/.... ~ Oepartment: Finance / Fire Department Council Meeting Date: 1/12/2004 Subject: Authorize Interlocal Purchasinq Aqreement with the City of Agenda Number: PU 2004-003 Bedford and Authorize Purchase of Firefighter Uniforms Resolution No. 2004-003 Staff is requesting to enter into an interlocal purchasing agreement with the City of Bedford ,for the purchase of goods and services from vendors selected through the competitive bidding process. One type of contract being considered is for firefighter uniforms. The City of Bedford has a contract with Workrite Uniforms, the manufacturer of the uniforms. These uniforms are made of nomex, which is a fire retardant material meeting the requirements of the 1974 standards for Station Uniforms for Firefighters and NFPA ,1500, Occupational Safety and Health Standards for Firefighters. These uniforms will otter greater protection to the firefighters from fire injuries. Other neighboring departments using these uniforms report that the uniforms last much longer, look better and should limit the number of replacement uniforms required in future years reducing the overall cost of "replacement uniforms. The Local Government Code states that purchases made under a cooperative purchasing agreement satisfy any State law that would require the City to solicit competitive bids. This agreement will be mutually beneficial to Bedford and North Richland Hills because purchasing larger quantities will reduce the overall expense to each agency. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Bedford may change or cancel the agreement with a 30~day written notice. Recommendation: Authorize the interlocal purchasing agreement with the City of Bedford and pass Resolution No. 2004-003 authorizing the City Manager to execute the agreement and authorization to purchase firefighter duty uniforms through the agreement. Finance Review &W\C'Ymn"Ch \ &- DeDartmerl7H~;dèi~ture udget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Page 1 of -1. RESOLUTION NO. 2004-003 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the interlocal agreement with the City of Bedford authorizing each entity to purchase goods and services from vendors selected the through the competitive bidding process. PASSED AND APPROVED this 12th day of January 12, 2004. APPROVED: Oscar Trevino Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance AN INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING OF GOODS, PRODUCTS AND/OR SERVICES This agreement is entered into by and between the cities of signatory to this agreement, all being municipal corporations chartered under the Constitution of the State of Texas, hereinafter referred to as "member cities" each acting through their duly authorized representatives. WHEREAS, the member cities desire to secure for each city the benefits of cooperative purchasing of goods, products and/or services; and WHEREAS, this agreement is made under the authority granted by and pursuant to Texas Interlocal Corporation Act, Article 791 of the Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premise and mutual promises contained herein; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Prior to any collective purchases under this agreement, the cities will designate which city shall be responsible for the bidding process for a particular purchase. 2. Member cities agree that all specifications for said items shall be determined in cooperation with members, with final approval with the city responsible for final bid process. 3. Each member shall be responsible for placing orders directly with and payment to the vendor under each contract entered into pursuant to the cooperative purchasing program, and shall be responsible for the vendors compliance with all conditions of delivery and quality of the purchased items. No member shall be obligated to purchase any item merely by virtue of that member approving specifications for said item, or by requesting to be included in an "open" contract for such items. 4. Members shall designate an official representative to act for member in all matters relating to this cooperative purchasing program, including the designation of specific contracts in which the member desires to participate. 5. This agreement shall take effect upon execution by signatories. 6. This agreement shall be in effect from date of execution until terminated by any party to this agreement by written notice to the other parties stating the date of such termination. A minimum of 30 day written notice must be given to terminate agreement. 1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year each member signs agreement. City of Bedford Signature Date Title Approved as to Form: City Attorney Date Attest: City Secretary Date City of North Richland Hills Signature Date Title: City Manager Approved as to Form: City Attorney Date Attest: City Secretary Date 2 .,. .. CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 1/12/04 Subject: Public Hearing to Consider a Request from Don Phifer for a Agenda Number: PZ 2003-18 Zoning Change from "R-3" Residential District to "NS" Neighborhood Services District Located in the 8000 block of Davis Boulevard (2.18 acres). - Ordinance No. 2764. Case Summary: This request is to rezone a tract of land from "R-3" Residential to "NS" Neighborhood Services. The applicant intends to build a series of office buildings along the Davis Boulevard frontage. Existing Land Use/Site Attributes: The site is vacant and is characterized as heavily wooded with large trees and underbrush. Thoroughfare Plan: The site has frontage on both Davis Boulevard and Country Place Road. Access to the site will be from Davis Boulevard, a proposed six-lane, undivided Principal Arterial with 120' ROW; No access is proposed from Country Place Road. Comprehensive Plan: The Comprehensive Plan indicates retail uses for this area along Davis Boulevard. The applicant's request is less intense and does not offer as wide a variety of retail uses as that proposed by the Plan but is still considered as being consistent with the Plan's proposal for non-residential uses. Plat Status: A plat for this proposed commercial site has not yet been submitted to staff for review. The applicant has, however, submitted a final plat for a residential development immediately east of this site (ref. PS 2003-52 Country Place Estates) for consideration on this agenda. Adjacent Zoning / Landuse: North: "U" / ONCOR transformer station East: "R3" / Vacant (proposed Country Place Estates) South: "R3" / Vacant West: "AG" / Vacant Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget e Account Number Sufficient Funds Available Finance Director ~ // ";/ . \ " (j)/) i /--~ (~~~ PZ 2003-18 Don Phifer CC CITY OF NORTH RICHLAND HILLS Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on August 21, 2003, recommended approval of PZ 2003-18 by a vote of 7-0. RECOMMENDATION: To uphold the Planning and Zoning Commission recommendation of approval for PZ 2003·18 by approving Ordinance No. 2784. Review Schedule: , Application: 6/9/03 Final Hearing: 1/12/04 Total Review Time: 31 weeks· '* This request was held at the request of the applicant until the Final Plat for Country Place Estates could be placed on the Council agenda as well (see attached letters). ..- 2 ORDINANCE NO. 2764 PZ 2003-18 4 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 A 2.18 ACRE TRACT OF LAND FROM "R3" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICES; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6 8 10 12 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, 14 16 WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, 18 20 WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, ')') "-"- 24 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, 26 28 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 32 Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills is hereby amended by rezoning a 2.18-acre parcel ofland described on Exhibit "A" hereto, from R3 Residential to NS Neighborhood Services zoning. 34 36 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. 38 40 42 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. 44 Ordinance No, 2764 Page 1 of2 C:\Documents and Settings\arichardson\Local Settings\Temporary Internet Files\OLK22\Map Change R3 to NS - 2764.wpd Section 4: This ordinance shall be in full force and effect immediately after passage. 2 AND IT IS SO ORDAINED. 4 PASSED AND APPROVED on this 12th day of January, 2004. 6 CITY OF NORTH RICHLAND HILLS 8 10 By: 12 Oscar Trevino, Mayor 14 ATTEST: 16 18 Patricia Hutson, City Secretary 20 APPROVED AS TO FORM AND LEGALITY: 22 24 George A. Staples, Attorney ,6 APPROVED AS TO CONTENT: 28 30 Department Head Ordinance No, 2764 Page 2 of2 C,\Documents and Settings\arichardson\Local Settings\Temporary Internet Files\OLK22\Map Change R3 to NS - 2764.wpd Exhibit "A" Ordinance No. 2764 8ÐNG A TRACT OF LAND OUT OF TI-1E S. RICHARDSON SURVEY. ABSTRACT NO, 1266, TARRANT COUNTY, TEXAS. AND BEING TI-1E SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5966, PAGE 633, DEED RECORDS, TARRANT COUNTY. TEXAS. AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT A 5/8- IRON PIN FOUND IN THE WE<.:ií LINE OF COUNTRY PLACE. A PUBLIC ROAD DEDICATED BY INSTRUMENT RECORDED IN VOLUME 4718, PAGE 601, DEED RECORDS, TARRANT COUNìY, TEXAS, FOR THE SOUTHEAST CORNER OF TRAGi BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF A TRAGi OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14653, PAGE 126. DEED RECORDS, TARRANT COUNTY. TEXAS, AND BY DEED BEING THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4856, PAGE 297, DEED RECORDS. TARRANT COUNìY, TEXAS; THENCE SOUTH 84 DEGREES 15 MINUTES 16 SECONDS WEST 446.21 FEET ALONG THE NORTH LINE OF SAID ffi,A,CT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14653, PAGE 126 AND THE NORTH LINE OF J>. TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14653, PAGE 138, DEED RECORDS, TARRANT COUNTY, TEXAS, TO TWO 3/8- IRON PINS FOUND FOR ':ORNER OF TRACT BEING DESCRIBED, AND THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 1 465.3, PAGE 138, SAID POINT ALSO BEING THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14661, PAGE 177. DEED RECORDS. TARRANT COUNTY. TEXAS: THENCE SOUTH 83 DEGREES 23 MINUTES 19 SECONDS WEST 420.45 FEET AlONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14661, PAGE 1 77 TO A 3/8- IRON PIN FOUND IN THE EA...q- R.O.W. LINE OF DAVIS BOULEVARD FOR THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14661, PAGE 177 AND THE SOUTHWEST..c.o.RNER OF TRACT BEiNG DESCRIBED, SAID POINT AlSO BEING LOCATED IN A CURVE TO THE RIGHT WITH A RADIUS OF 1849,86 FEi:.'I; THENCE NORTHEASTERLY ALONG SAID R.O.W. AND CURVE TO THE RIGHT 53D.91 FEEï TO A CAPPED IRON PIN SO FOR THE NORTHWEST CORNER OF TRACT BÐNG DESCRIBED, WHOSE CHORD BEARS 529,09 FEET NORTH 20 DEGREES 00 MINUTES 24 SECONDS EAST, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, NORTHFIELD PARK, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNìY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME .388-200, PAGE 87, P!Þ.T RECORDS. TARRANT COUNTY, TEXAS, SArD POINT ALSO BEING LOCATED IN THE SOUTH LINE OF COUNTRY PLACE, A PRIVATE ROAD; THENCE SOUTH 88 DEGREES 57 MINUTES 58 SECONDS EAST 680,53 ALONG THE SOUTH LINE OF COUNTRY PLACE A PRIVATE ROAD AND THE SOUTH LINE OF SAID LOT 1, BLOCK 1, NORTHFIELD PARK TO A T.ES.CO, MONUMENT FOUND IN THE WEST LINE OF SAID COUNTRY PLACE. A PUBliC ROAD ::-OR THE NORTHEAST CORNER or TRJ>.CT BEING DESCRIBED: THENCE SOUTH 00 DEGREES 01 MINUTES 34 SECONDS EAST 416,36 FEET ALONG THE WEST LINE OF SAID COUNTRY PLACE. A PUBliC ROAD TO THE POINT OF BEGINNING AND CONTAINING 8.097 ACRES OF LAND, MORE OR LESS ~..- :-r .it{ --- ~ ~.i if ~~ ;¿; = +. kÇ~ I - ~V ~I·~~- ~ ..........~ r-- - T I - ~ =~~~ = ;~~ - '-- '-..l ~ - -- t-" 7'~ fi -S3 ~ -tj::, ~ 7 í\t ~J\1 = '5:.~ «-.fIt _ ~~t'::¡ j±'; ~ - - .. I-- _) - - 200' Buffer ì Y" {/ è) / c Z -1 :::u yb' / H¡ [ :::0 \..:'- '^' K - r-- - - - - 1----- - I-- -- _ -- - - - T~ '^ - I(~\ ...... )0"" - -I - . - - /ì~ ~ - - III~ - - - ~~ - , f_ A I_h~..... '1 V I- ~~ r I "' I I I I I ( I ~/ ~..... - - - - -.- ---1- - [ '-- I I "., / I I ..... III ""'"",~ )- I I I I I " I ./ "'\ ~ I 11 J I N NRH A PZ 2003-18 RE-ZONING 8000 DAVIS BLVD "R3" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICES Prepared by Planning 12-02-03 0 200 400 I 600 800 F ~et I I PZ 2003-18 PUBLIC HEARING TO CONSIDER A REQUEST FROM DON PHIFER FOR A ZONING CHANGE FROM "R3" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICES LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD (2.18 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This tract of land is currently zoned "R-3" Residential. The applicant is requesting that the tract of land be changed to "NS" Neighborhood Services. The Comprehensive Plan shows a retail use in this area, which would be found in "CS" Community Services. The application reflects non-residential uses, but is not as wide ranging in the variety of uses that can be applied to it as depicted by the Comprehensive Plan. Staff has provided a letter from an adjacent property owner concerning the rezoning of the property. The applicant is present to answer any questions from the Commission. Chairman Bowen opened the public hearing. Don Phifer, the developer of this tract, came forward. Mr. Phifer stated that his intent is to rezone the front portion to a "NS" zoning for the development of garden offices. The rear portion will be developed as "R-2", with the average lot being over 1 0,000 square feet. Mr. Sapp stated that the property is heavily wooded. Mr. Sapp wondered if Mr. Phifer's intentions were to retain as many of the trees as possible. Mr. Phifer responded yes, he intends to keep as many trees as possible. Mr. Phifer is currently waiting on a permit to clear out the under brush on the property. By clearing out the under brush, Mr. Phifer can access what trees are actually there. Mr. Phifer stated that his intent is to design the front portion into smaller buildings. Mr. Phifer would like to integrate the commercial properties into the residential. By keeping the office buildings small, the design can be made to accommodate the trees and structures. Mr. Phifer stated that he would like to build four buildings with 3,000 square feet each. Johnny Gilliland, 2 Country Place Drive, came forward. Mr. Gilliland stated that he is not opposed or for the project. Mr. Gilliland is concerned about how Country Place connects with Davis Boulevard. Country Place is a hill that comes down to Davis Boulevard. Traffic in the morning and evening is constant with very little let up. Another concern for Mr. Gilliland is the State Wildlife Preserve on his property. Mr. Gilliland has been in contact with Mr. Phifer in regards to some type of fence to keep the properties separated. Mr. Gilliland is concerned about children leaving their subdivision and climbing the fence onto his property. There is a creek located down below the fence with coyotes and other types of wildlife. Chairman Bowen stated that he would like to discourage a chain link fence for aesthetic reasons. Mr. Bowen would prefer to see a wood fence. Chairman Bowen asked Mr. Barton if a Traffic Impact Analysis had been done. Mr. Barton answered no. A study has been done on how many trips will be coming in and out of the facility. Staff is looking at that and discussing it with Staffs transportation engineer to determine if a TIA is needed on this tract. There are some questions about site distances, speed, and the relative position of Country Place and the development across the street. Mr. Davis stated that he thought a TIA had been done, but the Trip Generation was not going to get the number that would require it. Mr. Barton stated that the Trip Generation has not hit the threshold numbers, but Staff still has concerns. Mr. Davis stated if the tract was left "R-3" even more traffic would be a concern during the peak hours. As an office, the traffic would be more throughout the day instead of the peak hours. Mr. Laubacher stated that the issue is not the number of trips generated, but more so the turning lanes of "right only" and "left only" lanes. There are times when two cars are head to head in the turning lane. Mr. Phifer stated that the development would bring Country Place into a 90- degree angle onto Davis Boulevard and would also bring Country Place into an alignment with Bear Creek. The offset that exists now would either be alleviated or greatly reduced. Currently Country Place is a private road and is classified as a driveway. When Mr. Phifer looked at the project initially, the plan was to bring a road down the center, drop the lots, and place commercial on the corner. However, that presented a problem with a bad intersection that is already suffering. This plan did not make sense for the development of the City. After discussing with Staff, the 90-degree angle and alignment with Bear Creek makes more sense. Mr. Davis stated that when a site plan is done, there will be a cut on Davis Boulevard. Joint usage easements are going to be critical. Mr. Phifer stated that an extensive site plan will be done. The only restraint is the drainage easement located on Lot 1. The curb cut will have to be south of that. Mr. Phifer plans to yield to the City for placement. Mr. Phifer is also speaking with the church regarding cross access easement. Chairman Bowen closed the public hearing and called for a motion. Bill Schopper, seconded by James Laubacher, motioned to approve PZ 2003-18. The motion carried unanimously (7-0). Friday. August 22, 2003 11 :36 AM ~ ~< &~.rf). e.' ~~ COMMERCiAL REAL EsTATE Phifer & Associates, Inc 817.281.2442 p.02 August 22, 2003 Ms. Donna Jackson City of North Richland Hills Planning & Inspections Department 7301 NE Loop 820 North RichIand Hills, TIC, 76180 RE: PZ 2003-18: Zoning change :trom "R3" Residential to "NS" Neighborhood Services located in the 8000 block of Davis Blvd. (2.18 acres). Dear Ms. Jackson: Based upon your conversation with my assistant, Melissa, regarding the above referenced zoning case, I am hereby requesting to postpone the case ITom going before the City Council until such time tha! we can present our Final Plat as well. In order to serve the best interests of the property owner and developer, we feel that it would be best to present the Zoning Case and Final Plat at the same Council meeting. Should you have any questions regarding this matter, please do not hesitate to calL ~Ï' ?f:J. ~~~ Cc: John McNary 817.427.9545 . Fax 817.281.2442 . 7510 Davis Blvd.. Suite E . North Richland Hills, TX 76180 info@LandDeals.com · wwwLandDeaIs.com Thursday, December 04, 20034:44 PM ," ~~' . ~~~.. CoMMERCIAL REAL EsTATE Phifer & Associates, Inc 817.281,2442 p.02 December 4, 2003 Ms. Donna Jackson City of North Richland Hills Planning & Inspections Department 7301 NE Loop 820 North Richland Hills, TX, 76180 RE: PZ 2003-18: Zoning change ITom ''R3'' Residential to "NS" Neighborhood Services located in the 8000 block of Davis Blvd. (2.20 acres). Dear Ms. Jackson: Based upon your conversation with my assistant, Melissa, regarding the above referenced zoning case, I hereby request that the case be placed on the City Council agenda for January 12, 2004. Should you have any questions regarding this matter, please do not hesitate to call. ~~>- Don D. rt 817.427.9545 . Fax 817.281.2442 . 7510 Davis Blvd.. SuiteE . North Ric:hIand Hills, TX 76180 ÌDfo@LandDeaJs.com " www.LandDeals.com NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2003-18 Don D. Phifer 8000 block of Davis Boulevard 2.18 acres of Tract 11 A, Stephen Richardson Survey, Abstract 1266 You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Don Phifer to rezone the above property from "R3" Residential to "NS" Neighborhood Services. The applicant intends to build a series of offices fronting onto Davis Boulevard. The Planning and Zoning Commission has voted to recommend approval of this request. Public Hearina Schedule: Public Hearing Dates: Time: Location: CITY COUNCIL MONDAY, JANUARY 12, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 ®09l: S Jasel KRR VíLLAS ON BEAR CREEK LP, 601 CANYON DR STE 101 COPPELL TX 75019-3862 ONCOR ELECTRIC DELIVERY CO, 1601 BRYAN ST DALLAS TX 75201-3401 TARRANT COUNTY, 100 E WEATHERFORD ST FORT WORTH TX 76102-2101 NORTH RICH LAND HILLS, CITY OF 00000-0000 ONCOR ELECTRIC DELIVERY CO, 1601 BRYAN ST DALLAS TX 75201-3401 PPC DAVIS PROPERTY, PO BOX 96 COLLEYVILLE TX 76034-0096 HOUSE OF GRACE 2040 WILLIS LN KELLER TX 76248-3154 slaqel ssaJpP'f ®A~3^,ffll BOLLING, CLYDE R 1 COUNTRY PLACE DR FORT WORTH TX 76180-1925 ONCOR ELECTRIC DELIVERY CO, 1601 BRYAN ST DALLAS TX 75201-3401 HOUSE OF GRACE 2040 WILLIS LN KELLER TX 76248-3154 HOUSE OF GRACE 2040 WILLIS LN KELLER TX 76248-3154 ,/ January 7, 2004 Mayor and North Richland Hills City Council Dear Mayor and Council Members, My wife and I have met with the city staff and Don Phifer to discuss our concerns with the proposed rezoning and platting of the proposed Country Place Estates located in the 8000 block of Davis Boulevard. We would also like to express our major concerns to the Mayor and City Council members. 1. We believe that the access to the development at the corner of Country Place represents a potential safety hazard on Davis with the number of houses and businesses that are proposed as shown on the attached photo. a. The key reasons for this concern are the speed of traffic on Davis, which is currently 55 MPH, b. The Blind curve of Davis at the intersection of Country Place Drive, c. The two exits of the Senior Assisted Residence of Bear Creek Villa that are to the right and left of the current and proposed Country Place Drive 2. There is a concern with the potential amount of traffic entering Davis and the elderly residents of the Bear Creek Villa assisted living that use the "Suicide Lane" of Davis. Under Current conditions, we believe that the additional traffic entering from Country Place onto Davis can lead to Major Traffic Accidents. 3. One of the best ways to mitigate the dangerous problem is to reduce the speed limit on Davis (FM 1382). In discussions with Mr. Phifer we recognize the growth of homes, businesses and traffic have substantially increased since the State Department of Transportation set the speed limit on Davis to be 55 MPH. The addition of 19 homes and new businesses in this proposal, along with the 30+ new homes across the Davis in Ember Oaks, the Villas at Bear Creek assisted living, the Planned New House of Grace Church, the new Target, Walmart, and Albertson's shopping centers should warrant a reduction in the speed limit on this section of Davis. About a mile past the Target store Southlake has petitioned the state to reduce the speed on Davis to 45 MPH. The State has permitted the reduction on this stretch of Davis to be 45 MPH. FM 1709 is also 45 MPH through Southlake and Keller. Just to the East of Davis, Precinct Line Road has a speed limit of 45 MPH. We recognize that the Mayor and City Council must formally request the State Department of Transportation conduct studies that will result in a reduction of the speed limit to 45 MPH on Davis. Mr. Phifer has told us that he will support this request in order to help protect the proposed new residences and offices. 4. Because our land at 2 Country Place Drive has been designated as a natural wildlife refuge for songbirds and small wildlife by the state, we requested that Mr. Phifer erect a fence between the proposed development and our property. While we first requested a brick fence, we verbally compromised on either a six-foot tall chain link fence with shrubbery or a six-foot tall cedar fence with shrubs. While we prefer the chain link fence because it will last longer, Mr, Phifer assured that he would build some suitable type of fence. We would like for the City Council to consider our concerns when reviewing the proposed zoning and replatting of the development We recognize that changes to the speed limit and other safety concerns on Davis are the responsibility of the state, but we believe that the North Richland Hills City Council will have much more influence than an individual with the State Highway Department Thank You, Johnny and Janice Gilliland 2 Country Place Drive North Richland Hills, Texas 76180 (817) 485-0321 Blind Curve Planned House of Grace Church Country Place Drive V ilIas at Bear Creek EXITS to DAVIS -~ .ii:~ T -- -'t CITY OF NORTH RICHLAND HILLS Department: Planning Department Council Meeting Date: 1/12/04 Subject: Consideration of a reQuest from Phifer/Hogan Realty L.L.C. Agenda Number: PS 2003-52 to Approve the Final Plat of Lots 1-5, Block 2, Lots 1-6. Block 3 and Lots 1-5, Block 4 Country Place Estates Addition Located in the 8000 Block of Davis Boulevard (5.866 acres). Case Summary: The applicant is proposing to develop a 19 lot residential subdivision. The current zoning of the site is "R-3" Residential which requires a minimum lot size of 7,700 square feet. The average lot size proposed by this plat is 1 0,129 square feet. The preliminary plat for this site (ref. PS 2003-31) was approved by the Planning and Zoning Commission on August 21,2003. Existing I Proposed Use: This site is heavily wooded area with large trees and underbrush. The approved preliminary plat for this addition (ref. PS 2003-32) included both a retail area (paralleling Davis Boulevard) and a residential area further to the east. This final plat includes only the residential portion of the preliminary plat. Front Yard Utility Easements: The approved preliminary plat (approved August 2003) showed 7.5' utility easements located along the side and rear only of the proposed lots. In an effort to preserve as many of the existing on-site trees as possible, the developer is now requesting an additional 10' utility easement (for electric service) be placed parallel to the front of the lots to avoid destroying trees in the development process. A letter from the applicant requesting this consideration is attached. Thoroughfare Plan: Access to this site from Davis Boulevard is currently by private road, Country Place Drive (north side of plat). The applicant has approached Oncor (adjacent property owner) concerning a re-alignment and dedication of a 50' public street right of way for Country Place Drive from Davis Boulevard. The applicant has notified staff (see attached letter) that the dedication instrument for this ROWand a separate sewer easement from Oncor have been approved but the associated documents are not yet available for filing with the County. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for this area. The proposed use is consistent with the Plan. Finance Review Account Number Suft'lcient Funds Avauaole Fmance Director CITY OF NORTH RICHLAND HILLS Staff Review: The Development Review Committee has reviewed the plat and has determined that with the exception of the added front yard utility easements, the final plat complies with the approved preliminary plat. Attached is a memo stating that all of staffs comments have been satisfied. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on December 18, 2003 recommended approval of PS 2003-52 by a vote of 7-0 subject to the following stipulations: 1) Subject to receiving the ROW dedication instrument for Country Place Drive from Oncor; 2) Subject to receiving the drainage easement instrument from Oncor; and 3) Front yard electrical transformers to be screened on three (3) sides with live vegetation in the same manner as prescribed by the City Council for the Graham Ranch and Whispering Oaks Subdivisions. The applicant has stated that the required dedication instruments from Oncor are approved but not as yet available. Should the plat be approved by Council, staff would not sign or file the plat until these separate instruments have been received and filed. Recommendation: To Approve PS 2003-52 the Final Plat of Country Place Estates Addition subject to the stipulations as recommended by the Planning and Zoning Commission. Review Schedule: Application: 10/14/03 Final Hearing: 1/12/04 Total Review Time: 13 weeks '1 CITY COUNCIL ACTION ITEM N A NI~H PS 2003-52 COUNTRY PLACE ESTATES LOTS 1-5, BLOCK 2; LOTS 1-6 BLOCK 3; LOTS 1-5, BLOCK 4 FINAL PLAT Prepared by Planning 12-02-03 69R January 6, 2004 OnCDr Electric Delivery Company 11 5 W. 7tk Street Suite 211 P.O, Box 115 Fort Wofth, TX 76101 Don Phifer Phifer & Associates 7510 Davis Blvd., Suite E N. Richland Hills, Texas 76180 Request No: Country Place Estates - #2003-0164, Proposed StreeURoad and Drainage Easement upon Oncor Electric Deliver Company Property, being Lot 1, Block 1, Northfield Park, an Addition to North Richland Hills, recorded in Volume 388-200, Page 87 and Volume 7916, Page 1465, Tarrant County Deed Records, Tarrant County, Texas Dear Mr. Phifer: Oncor Electric Delivery Company thanks you for the opportunity to service your request concerning the proposed streeUroad and drainage easement upon Oncor Electric Delivery Company Property. Oncor Electric Delivery Company reviews every request to assure the safety and use of its facilities. Oncor Electric Delivery Company has received your preliminary plans. Transmission Right of Way Services has prepared the routing of your request to the appropriate Oncor Departments for approval. Please be assured that Oncor is aware of the urgency of your request and will make every effort to expedite your application. Should you have any questions, please caJJ me at 817-215-6262. Sincerely, ~ Curt Sharp Sr. Right of Way Agent NI~H CITY OF NORTH RICHLAND HILLS Public Works / Administration December 8, 2003 MEMO TO: Donna Jackson, Planner FROM: Caroline Waggoner, Engineer Associate RE: COUNTRY PLACE ESTATES Final Plat PS 2003-52 Public Works has reviewed the Final Plat submitted to this office on December 8, 2003. All of Public Works' requirements have been met. We recommend placement on the next Planning and Zoning meeting agenda. ~~o~~JV Cc: Lance Barton, PE, Assistant Public Works Director Dave Green, Zoning Coordinator Charles B. Hooks, RPLS, Loyd Bransom Surveyors, via fax Tim Welch, P.E., WEI, via fax P.O. Box 820609 * North Richland Hills, Texas 76182-0609 7301 Northeast Loop 820 * (817) 427-6400 * Fax (817) 427-6404 PS 2003-52 CONSIDERATION OF A REQUEST FROM PHIFER/HOGAN REAL TV, L.L.C. TO APPROVE THE FINAL PLAT OF COUNTRY PLACE ESTATES ADDITION LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD (5.866 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This request is for approval of the Final Plat for Country Place Estates Addition. The site is located in the 8000 Block of Davis Boulevard. The Commission approved the preliminary plat in August of this year. Public Works has provided a letter stating that all of Staff's concerns have been addressed. Mr. Green did point out that a few additional items needed to be discussed. According to Mr. Green when the preliminary was approved utility easements were located on the rear of each lot. In the proposed final plat, additional utility easements have been added to the front of the lots. The applicant has submitted a letter requesting that (due to the extensive number of trees on the site) the electrical utility easements be moved to the front of the lots. This would increase the number of trees that could be saved in the development of the site. Another issue involves Country Place Drive. At the present time Country Place Drive is an under-sized private road. The applicant is proposing to re-align and expand Country Place Drive as a public street. This would require dedication of ROW by the applicant and Oncor, the adjacent property owner. The applicant is working with Oncor to secure a dedication easement for this ROW. At this point in time the dedication documents have not been received. As far as City Staff is concerned, however, the plat meets all the current requirements and Staff recommends approval subject to obtaining the required street ROW easement and an additional sewer easement from Oncor. Chairman Bowen asked if there were any questions from the Commission members. Bill Schopper asked Mr. Green if the rear utility easements could be located to the front of the property as well in order not to impact the trees. Mr. Davis stated to leave the easements as they are. The shallowness of the television and cable lines won't hurt the trees. All the deep utilities will be located in the front. Mr. Schopper stated that he would prefer everything up front, but he will leave the easements as they are in case it goes the other way. Richard Davis, seconded by Bill Schopper motioned to approve PS 2003-52 allowing the utility easement in the front as requested and subject to receiving the R-O-W dedication instrument and the drainage easement instrument from Oncor. Ken Sapp stated that the request to move the utilities to the front, because of the trees is commendable. However, consistent with the resent actions of Council and existing ordinances, Mr. Sapp believes there is a need to consider some method of disguising these utility transformers in the front yard, such as live vegetation and possibly setting them back. There is a 10-ft. easement which will put the transformers right on the sidewalk. Mr. Sapp asked Mr. Green, what kind of setback would be needed there? Mr. Green answered that if there were some kind of live vegetative screen, there would need to be some separation between the transformer and the sidewalk or where the property line is generally. Also, enough room would be needed to get a descent size (one gallon to three gallon) shrub, as well as a watering system. Mr. Davis stated that there is already a 1 a-ft. easement. The deepest a transformer goes is 4-ft. If it is pushed all the way back to the easement, minus a foot, with a 4-ft. transformer, it still leaves 5-ft. from the transformer to the sidewalk area. Mr. Davis will add to the motion that the transformers need to be screened with live vegetation or landscaping. Mr. Schopper stated that the reason the easements are being moved up front is because of the trees. The transformers would blend in anyway. Maybe not completely screened, but not sticking up in the middle of nowhere. Mr. Schopper would like to pass this plat as it is proposed and not worry about the screening. He doesn't believe it to be that overwhelming. Ms. Cole stated that if it is in a front yard it is overwhelming. Mr. Sapp stated that Council took action on Monday evening on similar properties and required vegetative screen. Mr. Schopper stated that the Commission should use the same language. Richard Davis amended his motion to include that the transformers be screened on three sides with live vegetation as proposed by Council. Bill Schopper amended his second to include Mr. Davis' motion. The motion carried unanimously (7-0). , . .' ~ -' CITY OF NORTH RICHLAND HILLS p Department: Planning Department Council Meeting Date: 1/12/04 Subject: Public Hearina to Consider a ReQuest from Service Kina Agenda Number. PZ 2003-26 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). - Ordinance No. 2765. Case Summary: The current zoning of this site, "C-1" allows a limited range of retail-type uses. The applicant wants the ability to sublease suites in the existing vacant building to a wider range of commercial uses than permitted by the current zoning. Existing Land Use/Site Attributes: The site consists of a vacant Service King Paint and Body Shop fronting the east-bound service road of loop 820. The building has 4 overhead door bays on the rear of the building that face across a parking arealfire lane into the rear yards of an adjacent single family district. A 6' brick wall (with columns) screens the adjacent residences from the rear of the commercial building. There is no existing landscaping along this property line as would be required by current regulations. Thoroughfare Plan: The site's frontage on the east-bound Loop 820 service road will most likely be impacted by the widening of the loop which is scheduled to begin in f007. The exact impact to this site, if any, has not been made public by the Texas Highwtly Department. Comprehensive Plan: The Comprehensive Plan indicates Commercial uses for this area. These uses include a variety of commercial uses including automobile-related services, retail trade and business services. The applicant's request is in compliance with the Comprehensive Land Use Plan. Adjacent Zoning/Land Use: North: NE Loop 820 East: "C-1"/Office (Fronts NE Loop 820) South: "R-2"/Residential West: "C-1"/Bank (Fronts NE Loop 820) Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Account Number Sufficient Funds A vaiJable Finance Director '~l§W PZ 2003-26 Service King CC CITY OF NORTH RICHLAND HILLS Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on December 18, 2003, recommended approval of PZ 2003-26 by a vote of 4-2. RECOMMENDATION: To uphold the Planning and Zoning Commission recommendation of approval for PZ 2003-26 by approving Ordinance No. 2765. Review Schedule: Application: 11/17/03 Final Hearing: 1/12/04 Total Review Time: 8 weeks 2 ORDINANCE NO. 2765 PZ 2003-26 4 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 A.37 ACRE TRACT OF PROPERTY FROM "C-l" COMMERCIAL TO "HC" HEAVY COMMERCIAL ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6 8 10 12 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 lO days before such hearing; and, 14 16 WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, 18 20 WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, 22 24 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, ,6 28 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 32 Section l: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map ofthe City of North Richland Hills are hereby amended by rezoning a .37 acre tract of land located at 6920 N. E. Loop 820, more particularly described as Lot l7R, Block 20, Snow Heights Addition, City of North Richland Hills, Tarrant County, Texas, from C-l Commercial to HC Heavy Commercial zonmg. 34 36 38 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. 40 42 44 Ordinance No, 2765 Page 1 of2 C:\Docurnents and SettingslarichardsonlLocal Settings\Ternporary Internet Files\OLK22\Map Change Cl to HC· 2765.wpd Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. 2 4 Section 4: This ordinance shall be in full force and effect immediately after passage. 6 AND IT IS SO ORDAINED. 8 PASSED on this 12th day of January, 2004. 10 CITY OF NORTH RICHLAND HILLS 12 14 By: 16 Oscar Trevino, Mayor 18 ATTEST: 20 22 Patricia Hutson, City Secretary 24 APPROVED AS TO FORM AND LEGALITY: .6 28 George A. Staples, Attorney 30 APPROVED AS TO CONTENT: 32 34 Department Head Ordinance No, 2765 Page 2 of2 C:IDocurnents and SettingslarichardsonlLocal SettingslTernporary Internet FileslOLK22\Map Change CI to HC - 2765.wpd I I NRH PZ 2003-26 6920 NE LOOP 820 RE-ZONING FROM "C-1" COMMERCIAL TO "HC" HEAVY COMMERCIAL o 200 400 I l " . . r-- .... ',". -- . .. .. \ .' ", ·..i i'" ' .' . " - "~ ~~ '- ~ - - :i - T-- J}l E/11i ~j lir 7ti:.'t/ II r--- ~ þo " I--- -- f---...... . . ;> :" , ......... "": -- --- '.~ -;:-. :: t .:.i i. , N A r Prepared by Planning 12-02-03 200' Buffer - :: r-- ,": . . J ',: , ) ;: --- /··rd - ..'-( ........ 'l ~Jt, ~ ~ '" m~ ~ ... - I-- {f~ :' i .... / ~ I-- ~I I I~ : I~ rr " " ( In \~ I ~ - ., /, ." .' ,,' , I 600 800 Feet 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" allows a wider range of commercial uses. Mr. Green pointed out that the Comprehensive Plan does depict this particular frontage areas supporting "HC" type uses. The applicant's request is therefore consistent with the Comprehensive Plan. Chairman Bowen opened the public hearing. Pat Remington, the applicant's representative, came forward. Mr. Remington stated that he is representing Service King Paint and Body, L.P. who is the record owner of this particular property. It is about a three quarter acre tract of property that was developed in 1998 as a single-story building, about 6,000 sq. ft. in size. Initially Service King occupied it and for the most part used it as general offices. They did estimating, window repair and replacement at this facility. Over the last few years, they have also leased that property to different tenants. The building is currently vacant and is zoned "C-1" which from Mr. Remington understood is no longer recognized as a zoning category under the current zoning ordinance. Mr. Remington further stated that Service King has made arrangements to lease the property to a company called Pro Tech Electronic, Inc. They are a major sub-contractor of Service King Paint and Body specializing in the installation and repair of electronics, stereos, and alarms in automobiles. Pro Tech specializes in the installation of DVD screens, stereos and car alarms. The business does not involve any body or engine work. All repairs are done inside the facility and there is no outside storage. Mr. Remington noted that Pro Tech would require the approval of a Special Use Permit or SUP in order to receive a Certificate of Occupancy. Another option would be to rezone the property to "HC" Heavy Commercial which would support the Pro Tech use. Mr. Remington stated that the owner thought it was more appropriate to request the "HC" zoning district rather than the SUP for this property. Mr. Remington further stated that the proposed zoning category is consistent with the Plan. Bill Schopper asked Mr. Remington about the testing of car alarms and as to whether or not Pro Tech is considering any sound abatement for the adjacent residential neighborhood? Mr. Remington suggested that Gary Grant from Pro Tech answer that question. Gary Grant, Pro Tech, came forward. Mr. Grant stated that the building is air conditioned so in the summertime all the work is done inside with the bay doors down and in the winter time the bay door stay down as well. Alarms and stereos are tested after installation, but all testing done inside. Mr. Grant stated that he felt very doubtful that the alarm testing could be heard outside the bay doors. Chairman Bowen recognized John Halbrook, 808 S. Central in Richardson, as supporting the rezoning but did not wish to speak. Also, Leland Hardage, 3884 S. Shiloh Road in Garland, supports the rezoning but did not wish to speak as well. Chairman Bowen asked if anyone else would like to speak in regards to PZ 2003-26. There were none. Chairman Bowen closed the public hearing. James Laubacher asked Mr. Green about what would happen if the Commission approved heavy commercial zoning and Service King eventually sold the site to someone who wanted to put in something else that as permitted in the Heavy Commercial District. Mr. Green responded that anything listed as a permitted use in the "HC" District would be allowed by right. However, if there were issues with noise, lighting...etc. there could be some recourse through code enforcement. Mr. Laubacher stated that personally he would not have any problem granting an SUP for Service King for the proposed auto electronics use under the "C-1" category. He further stated that he felt it was safer to approve an SUP for the residents who live behind the existing building than to rezone to "HC". Chairman Bowen stated that he does not question the proposed "HC" District because it is consistent with the master plan. He also noted that there is so much inherit noise due to the site's location along 820 that he didn't believe that there would be a huge increase in noise. Mr. Schopper stated that he doesn't have a problem with the proposed user because it is a part of the Comprehensive Plan. He does have a concern with outside storage and questioned if the "HC" District allows outside storage. Mr. Green responded to Mr. Schopper that the "HC" District does allow a certain amount of outside storage and display, but there are conditions that apply to it such as location, percentage of site and screening. Bill Schopper, seconded by Ted Nehring, motioned to approve PZ 2003-26. The motion carried with James Laubacher and Brenda Cole voting in opposition (4-2). NOTICE OF PUBLIC HEARING CITY OF NORTH RICH LAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2003-26 Service King Paint & Body L.P. 6920 N.E. Loop 820 Lot 17R, Block 20 Snow Heights Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. PUrDose of Public Hearina: A public hearing is being held to consider a request from Service King Paint & Body L.P. to rezone the above property from "C-1" Commercial to "HC" Heavy Commercial District. The applicant desires to lease portions of the existing building to a wider range of commercial uses than presently permitted. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Public Hearing Dates: Time: Location: CITY COUNCIL MONDAY, JANUARY 12, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 BIANCA LLC, 12700 PARK CENTRAL DR S DALLAS TX 7F'''51-1515 7000 PARTNERSHIP L TO, 6010 SADDLE RIDGE RD ARLINGTON TX 76016-2637 COUCH, EDWIN E ETUX BETTY J 7025 CORONA DR FORT WORTH TX 76180-7917 PORTER, H 0 MRS ET AL 1801 GOODNIGHT CT GRANBURY TX 76049-1854 VAUGHN, JEFFREY M ETUX KERI R 7024 CORONA DR NORTH RICHLAND HILLS TX 76180-7918 CI_ ..IIIBLESS, WALTER J 14016 SPRING WAY DR HASLET TX 76052-2883 ARNOLD, LARRY 7000 NE LOOP 820 FORT WORTH TX 76180-7904 MCDOWELL, KENNETH C ETUX LISA 7103 CORONA DR FORT WORTH TX 76180-7921 KJELLANDER, MARIAN 7009 CORONA DR FORT WORTH TX 76180-7917 MONSCHKE, LARRY M & V SMITH 7020 CORONA DR FORT WORTH TX 76180-7918 SERVICE KING PAINT & BODY INC, 808 S CENTRAL EXPY RICHARDSON TX 75080-7413 BRACKIN, WILLIAM ETUX FRANCES 7101 CORONA DR FORT WORTH TX 76180-7921 HORN, ANTHONY W 7017 CORONA DR NORTH RICHLAND HILLS TX 76180-7917 BROCKETTE, MYRA 1430 ROLLING ACRES DR ARGYLE TX 76226-6330 SWINK, RONALD 4928 HARRELL ST FORT WORTH TX 76180-7938 11.Jj'iJ.!? ~ va. 1:1 L>7 CrY January 5, 2004 ( COLLISION REPAIR CENTERS Mayor T. Oscar Trevino, Jr. City of North Richland Hills 7301 N. E. Loop 820 . North Richland Hills, TX 76180 Re: Case No. PZ 2003-26 Service King Paint & Body, Inc. 6920 N.E. Loop 820, Lot 17R, Block 20 SNOW HEIGHTS ADDITION Dear Mayor Trevino, On December 18, 2003, the Planning & Zoning Commission for the City of North Richland Hills voted to recommend to the City Council approval of the application of Service King Paint & Body, Inc. to rezone our property located at 6920 N.E. Loop 820 from "C-1 " (commercial) to "HC" (heavy commercial). This letter is being sent to you to explain why we have found it necessary to rezone our property and to request your support of this case. We purchased and developed the site in 1998 to house our company's offices and to provide estimating services and minor glass repair. Additionally, a portion of the building has been leased in the past to various tenants for use as general offices, stereo alann and electronic service and installation and a rental car company. Presently the building is vacant and we have entered into a lease agreement to lease the property to a company engaged in the business of auto alarm, stereo and electronic installation and related services. They will occupy all but approximately 1,000 square feet of the building. Under the current "C-1" (commercial) zoning classification for the property, we are unable to lease the property to the proposed tenant without the tenant securing a Conditional Special Use Pennit. In reviewing the City's Comprehensive Plan for this site and the expanded uses that are pennissible under the "HC" zoning classification, it seems more reasonable to apply for a change in the zoning of the property than to go through the process of securing Conditional Special Use Pennits with every tenant that may from time to time occupy the building. Corporate !}{eaáquarters 808 S. Centra['E?\pressway :I(icnaráson, 'Te~as 75080 (972) 960-7595 'fa{ (972) 980-4266 www.servicef(jng.com i j~ "z to lì{) ': -i ~I: ~ì{) f!'~ VANCE RD. - - ~ -....... - --' - ---~..- - ---- c , ., :::! I '" ¡r \1! 0 I ¡~ I fÍI t 1m ÃJ Iii 'þ I ffi \ffi (J ::r I 1m 11 ! I I~ I 0 II ffi AI ,Ir·î< ~ I Ih I, ~l I I~ï':n :1~; , ~ 1111 I I Qft ~ : ~ ~ft \!' g} JI I I L ~~ tft: 2 ti 11 -7Uc4-,--- __ I D~:q ~ ~ cJR:J ~ ~~~ ~ -\ lIQr 0 ,---(þr m X ¡ ¡fi l. N \1! ,- ~ 125'-Ø" I .'1 ", " lJI lit ;fJ s fJ ;{J R tJ (.I> Z (î <~ Iii í1J ~o ~ W E ïJ) \PI: E ~ ~m Þ r Ê ;,->G\ r- .þ..:t: . -.--1 ~(f, Þ 'tJ \:'Q .7'. (p 11'1 (1 2 0 TI F Z (;\ r z c4:] m Oþ E ::r :](1) þC Þ 4Z (I> º~ 2 II ~ mrH 1!z (I> (I>(î () -,m ttI z I, (;\ I m 11 I z E Þ r 3m þX (p- ,(I> -n:::! I11Z z(;\ (1 111 rlIi1í ilJE nO -c =<~ Ã1Q Ðc4 s'" ftìþ ~~ (P2 Because the requested zoning is in compliance with the Comprehensive Plan of the City of North Richland Hills and there is no contemplated change of use to the property from its historical uses, we are hopeful that you will favorably consider our zoning request. If you have any questions regarding this case, please do not hesitate to contact me or our corporate attorney, Mr. Pat Remington, Shannon, Gracey, Ratliff & Miller, L.L.P. at his direct dial number (817) 299-2844. Sincerely, ~~ Eddie Lennox CEO EL:sbr " CITY OF NORTH RICHLAND HILLS '-. Department: Finance Council Meeting Date: January 12, 2004 Subject: Approve Ordinance No. 2766 Providing for Discontinuation of Utility Agenda Number: GN 2004-001 Services for Non Payment and Placement of Lien on Non-Homestead Propertv. Occasionally a business or property owner will sell or otherwise change ownership and leave an unpaid utility bill balance. In an effort to ensure that we are using every collection avenue available to us to collect unpaid utility bills we are requesting to have the ability to place a lien on any non-homestead property that has an unpaid utility bill which will allow us the opportunity to collect the funds before the property is sold. Non-homestead property is not a place of residence owned by a person living there and considered to be the owner's primary personal residence. A lien for bills owed in a tenant's name will not apply once the property owner has given notice to the City that it is rental property. The Texas Local Government Code provides for municipalities to file a lien on non- homestead property for non-payment of City utility bills if it is approved by ordinance, and applies to delinquencies after the effective date of the ordinance. "- Chapter 23 of the North Richland Hills Code of Ordinance establishes rules, regulations, policies and procedures for the Water and Sewer System. The amended ordinance adds guidelines for disconnection of service, such as: failure to pay a delinquent account, payment with a check that has been returned, failure to pay deposit, failure to pay charges for wateror sewer provided by another city, failure to pay sanitation charges, tampering with the meter or bypassing, reconnection by anyone other than an authorized City employee, and unaut~orized usage. The amended ordinance also changes the delinquent date from fifteen to twenty days from the date a bill is mailed, and changes the discontinuance of service date from sixteen to twenty-four days from the date of any bill containing a delinquent balance. These deadlines coincide with the current practice which has been in force for many years. Recommendation: To provide regulations for discontinuation of service and to provide the ability to place a lien on non-homestead property for non-payment of City Utility Bills, it is recommended that Ordinance No. 2766 be approved. Finance Review ~~~ Dep ment Head Signature w Finance Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other "'--- . ORDINANCE NO. 2766 2 4 AN ORDINANCE AMENDING CHAPTER 23 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES PROVIDING FOR DISCONTINUATION OF CITY UTILITY SERVICE FOR NON-PAYMENT; AND FOR LIENS AGAINST NON-HOMESTEAD PROPERTY FOR DELINQUENT PAYMENTS; AND PROVIDING AN EFFECTIVE DATE. 6 8 WHEREAS, Section 402.017, Texas Local Government Code, provides that home rule 10 municipalities may take necessary action to operate and maintain water systems and may require water customers to pay charges imposed for water furnished; 12 and 14 WHEREAS, Section 402.0025, Texas Local Government Code, provides for liens to be filed against non-homestead property for unpaid City utility bills; and 16 WHEREAS, current regulations do not provide for discontinuation of service prior to non- 18 payment nor for liens; NOW, THEREFORE, 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 22 Section 1: THAT Sections 23-26 and 23-27 of the North Richland Hills Code of 24 Ordinances be amended to read as follows: 26 "Sec. 23-26. Delinquency, discontinuation of service, notice and reconnection 28 (a) All charges for services billed by the City utility department shall be due when billed and delinquent twenty (20) days from the date mailed. 30 (b) Service under this chapter to any customer will be discontinued after twenty-four (24) 32 days from the date of any bill containing a delinquent balance. 34 (c) Service under this chapter will be discontinued without notice for any of the following reasons: 36 (1) Failure to pay a delinquent account for utility services or failure to comply with 38 the terms of a deferred payment agreement; 40 (2) Payment with a check that has been returned for insufficient funds, closed account or stop payment; 42 (3) Failure to pay deposit; 44 Ordinance No. 2766 Page 1 of 3 C:\Docurnents and Settingslarichardson\Local Settings\Ternporary Internet Files\OLK22\Utility Svc Discont Liens 2766.wpd (4) Failure to pay charges for water or sewer service provided by another City to 2 a customer in this City; 4 (5) Failure to pay charges for sanitation service; 6 (6) Tampering with meter or bypassing; 8 (7) Reconnection by anyone other than an authorized City employee; or 10 (8) Unauthorized usage. 12 (d) Notices. 14 A notice of delinquency will be sent after 24 days from the date of initial billing. 16 (e) Continuation or Reconnection. 18 Service shall not be continued or reconnected until all current and delinquent charges, together with the penalties as established by this section, have been paid. 20 Sec. 23-27. Liens 22 (a) Except as provided in Subsections (b) and (c) herein, a lien is hereby established against 24 an owner's property, unless it is a homestead as protected by the Texas Constitution, for delinquent bills for municipal utility service to the property. 26 (b) The City's lien shall not apply to bills for service connected in a tenant's name after 28 notice by the property owner to the City that the property is rental property. 30 (c) The City's lien shall not apply to bills for service connected in a tenant's name prior to the effective date of this ordinance. 32 (d) The City's lien shall be perfected by recording in the real property records of the county 34 where the property is located a notice oflien containing a legal description of the property and the account number for the delinquent charges. The lien shall include a penalty of $50.00, 36 interest at 8% annum, and collection costs. 38 (e) The City's lien is inferior to a bona fide mortgage lien that is recorded before the recording of the lien provided for herein in the real property records of Tarrant County. The 40 lien herein is superior to all other liens, including previously recorded judgment liens and any liens recorded after the lien provided for herein." 42 Section 2: This ordinance shall be in full force and effect immediately upon passage. 44 Ordinance No. 2766 Page 2 of 3 C:\Oocuments and Settings\arichardsonlLocal Settings\Temporary Internet Files\OLK22\Utility Svc Discont Liens 2766,wpd AND IT IS SO ORDAINED. 2 Passed on the 12th day of January, 2004. 4 CITY OF NORTH RICHLAND HILLS 6 8 By: 10 Oscar Trevino, Mayor 12 ATTEST: 14 16 Patricia Hutson, City Secretary 18 APPROVED AS TO FORM AND LEGALITY: 20 22 George A. Staples, Attorney 24 APPROVED AS TO CONTENT: 26 28 Department Head Ordinance No. 2766 Page 3 of 3 C:\Documents and SettingslarichardsonlLocal Settings\Temporary Internet Files\OLK22\Utility Svc Discont Liens 2766,wpd j Department: Administration CITY OF NORTH RICHLAND HILLS Council Meeting Date: 01/12/04 Subject: Approval of New Committee Members to the Youth Advisory Committee Agenda Number: GN 2004-002 The Youth Advisory Committee (YAC) by-laws specify that 10 members are to be appointed for a two-year term and 6 members are to be appointed for a one-year term for a total of 16 members. In addition, among those 10 members appointed to a two-year term, there can be no more than 3 members from anyone high school. Currently, th~re are 6 members of the YAC that are completing the 2nd year of their 2 year term (3 from Richland and 3 from Birdville), one member from Fort Worth Christian who was just appointed to a 2 year term, and 3 members recently appointed for a one year term. This leaves 3 two-year positions and 3 one-year positions to be filled. In an effort to begin filling these vacancies, the following new member is recommended for appointment: Nick Ward Fort Worth Christian Junior 2 year term This new appointment is in accordance with the Y AC by-laws. Recommendation: Approve the Youth Advisory Committee's recommendations for new ~ommittee members for 2003-2004. Source of Funds: Bonds (GO/Rev.) Operating Budget Other , ~4wC-~ "-- Department Head Signature Finance Review Account Number Sufficient Funds Available Budget Director Finance Director f ";f . CITY ÒF NORTH RICHLAND HILLS .... "-. . Department: Public Works Council Meeting Date: 1/12/04 Subject: Approve City-Developer Aareement for Pavina Agenda Number: PW 2004-001 Improvements to Smithfield Road and Bursey Road and Revise 2003/04 Capital Projects Budget - Resolution No. 2004-004 The City is being asked to participate in several street improvements that are associated with the proposed Forest Glenn West development. Forest Glenn West is located north of Green Valley Elementary School and south of the future Bursey Road alignment. The developer is requesting the City to participate in the following street sections listed below and also shown on Exhibit "A" in the proposed agreement. · The new Bursey Road extension east of Smithfield Road (no road currently exists) · The unimproved section of Bursey Road west of Smithfield Road (currently a two lane asphalt section without curb and gutter) · The unimproved section of Smithfield Road south of Bursey Road (currently a two lane asphalt section without curb and gutter) · The new Smithfield Road alignment north of Bursey Road (currently no road exists) On October 27, 2003 staff presented this request to Council during the Pre Council Meeting (IR 2003-113). The consensus of the Council was to work with the developer and prepare a City-Developer Agreement to include City participation in all of the street improvements except the new section of Smithfield Road north of Bursey Road. It was staff's understanding that this section was not included because· of lack of funding at this time, but Council did want to participate in all other sections. The developer has now offered to finance the City's share of the cost for the new section of Smithfield Road north of Bursey Road at an interest rate of one percent (1 %) compounded annually for 3 years. If Council wishes to accept the developer's offer, then all street sections described above can be improved as defined on the City's Master Thoroughfare Plan. Source of Funds: Bonds (GO/Rev.) Operating Budget r Other Finance Review Account Number Sufficient Funds AvallaDle ',,- /1/U~ (!.;t~ t-r Department Head Signature Finance Director " CITY OF NORTH RICHLAND HILLS ., The table below shows the total cost for each street section and the City's portion of the Cost. Street Section Developer BISD City Total 1. Bursey Road East of Smithfield $ 227,265.06 $ 172,276.50 $ 47,700.00 $ 447,241.56 2. Bursey Road West of Smithfield 51,464.91 0 76,400.00 127,864.91 3. Smithfield Road South of Bursev 38,086.74 0 99,500.00 137,586.74 4. Smithfield Road North of Bursev 218,569.01 130,197.08 296,900.00 645,666.09 $535,385.72 $302,473.58 $520,500.00 $1,358,359.30 The $296,900.00 shown in #4 above is the amount the developer is offering to finance for 3 years at 1 % interest. The City's total cost, including interest, will be approximately $306,000.00. "- The City will also be responsible for any right-of-way cost associated with the street improvements adjacent to "developed" property owned by persons other than the developer and/or BISD. There are currently 3 lots that front on the section of Bursey Road west of Smithfield Road. Approximately 5 feet of right-of-way is needed across the front of these 3 lots. The property owners are indicating that they would be willing to dedicate the right-of-way if the City agrees not to assess them for the street improvements. However, since it is not certain at this time if the right-of-way will be dedicated, $15,000 is being budgeted for right-of-way. If the right-of-way is dedicated the funds will be transferred back to an unspecified street account. As discussed at the October Pre Council Meeting, the funding for these projects was planned for in the 2003 bond program. The reason for financing the $296,900.00 section is that the City will not be able to sell the bonds for this section until 2007, as determined through debt capacity calculations. The bonds for the other 3 sections can be sold Spring 2004. Recommendation: To approve Resolution No. 2004-004 and approve revisions to the 2003/04 Capital Projects Budget as shown on the attached. "'---- CITY COUNCIL ACTION ITEM Page_of _ RESOLUTION NO. 2004-004 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached City- Developer Agreement with J & J NRH 100 Family Partnership for paving improvements to Smithfield Road and Bursey Road as an act and deed of the City. PASSED AND APPROVED this the 12th day of January, 2004. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: fl- lo"L C~--:t:. Mike Curtis, P.E., Public Works Director AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § This Agreement for transportation improvements in the northern part of the City of North Richland Hills, Tarrant County, Texas, is made and entered into by and between the City of North Richland Hills, acting herein by and through its duly authorized City Manager, Larry J. Cunningham (hereinafter "City"), and J & J NRH 100 Family Partnership, by and through its authorized Trustee, John W, Barfield, (hereinafter "Developer"), and collectively referred to as the "Parties," and is as follows: WHEREAS, the City desires to participate in several street improvements associated with the proposed Forest Glenn West development (the "project"), located north of Green Valley Elementary School, and south of the future Bursey Road alignment in the City of North Richland Hills,: and WHEREAS, Developer is requesting, and City agrees to participate in the new Bursey Road extension east of Smith field Road (no road currently exists), the unimproved section of Bursey Road west of Smithfield Road (currently a two lane section without curb & gutter or sidewalks), the new Smithfield Road alignment north of Bursey Road (currently no road exists), and the unimproved section of Smithfield Road south of Bursey Road (also a two lane section without curb and gutter or sidewalks), all of which are shown on Exhibit "A" hereto; and WHEREAS, each party finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; NOW, THEREFORE, F or and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated, City and Developer understand and agree that the City's cost will be as described below: DEVELOPERSAGREEMENT-STREETIMPROVEMENTS Developer Agrmt-Street Improvements Page 1 1. Bursey Road, East of Smithfield Road (centerline of Smithfield Road to the end of the existing Bursey Road). This section of Bursey Road is designated on the City's Master Thoroughfare Plan to be 48 feet wide. Developer shall construct such road to its full 48-foot width with curb and gutter, will pay the cost of an I8-foot wide strip along the south side, and shall be responsible for obtaining the agreement from Birdville Independent School District to pay the cost of an I8-foot wide strip along the north side, City agrees to pay the cost of a I2-foot wide strip in the center. Developer will be responsible for the total cost of design and construction for the complete 48-foot wide section. After the project has been accepted by the City, Developer shall notify the City in writing that the City's share is due, City shall pay within 30 days of receipt of the written notification. City's share for this section shall be the actual prorated cost based on the City being responsible for a I2-foot wide strip up to Forty Seven Thousand Seven Hundred Dollars ($47,700.00), 2. Bursey Road, West of Smithfield Road (centerline of Smithfield Road to the end of the existing section of Bursey Road). This section of Bursey Road is designated on the City's Master Thoroughfare Plan to be 48 feet wide. Developer shall construct such road with curbs and gutters to its full width, and shall be responsible for an I8-foot wide strip, City will be responsible for the remaining 30 feet of pavement as described below. Developer will be responsible for the total cost of design and construction for the complete 48-foot wide section of street. After the project has been accepted by City, Developer shall notify City in writing that City's share is due. City shall pay within 30 days of receipt of written notification. City's share for this section shall be the actual prorated cost based on City being responsible for a 30-foot wide strip up to Seventy Six Thousand Four Hundred Dollars ($76,400.00), City shall be responsible for the right-of-way appraisals and acquisition costs. Developer shall be responsible for the metes and bounds descriptions (with exhibits) for all parcels ofland from which City will need to acquire right-of-way. All right-of-way documents furnished by Developer to City must be acceptable for filing at the Tarrant County Courthouse. 3. Smithfield Road, South of Bursey Road. DEVELOPERS AGREEMENT - STREET IMPROVEMENTS Developer Agrmt-Street Improvements Page 2 This section of Smithfield Road will begin where the existing fully developed section of Smithfield Road currently ends and will continue north to the intersection of Bursey Road. This section of Smithfield Road is designated on the City's Master Thoroughfare Plan to be 48 feet wide. Developer shall construct such road to its full width with curbs and gutters, and shall be responsible for an 18-foot wide strip. City will be responsible for the remaining 30 feet of pavement Developer will be responsible for the total cost of design and construction for the complete 48-foot section of street After the project has been accepted by City, Developer shall notify City in writing that City's share is due, City's share for this section shall be the actual cost prorated based on the City being responsible for a 30-foot wide strip, but not to exceed Ninety Nine Thousand Five Hundred Dollars ($99,500,00), City shall be responsible for the right-of-way appraisals and acquisition costs, Developer shall be responsible for the metes and bounds descriptions (with exhibits) for all parcels ofland from which City will need to acquire right-of-way, All right-of-way documents furnished by Developer to City must be acceptable for filing at the Tarrant County Courthouse, 4. Smithfield Road, North of Bursey Road. This section of Smithfield Road will begin at the intersection of Bursey Road and end just north of Acorn Drive at the existing Smithfield Road. This section of Smithfield Road is designated as a 48-foot wide street Developer shall construct such road segment to its full width with curbs and gutters, and shall be responsible for all costs associated with a 36-foot wide strip trom Bursey Road to Oak Knoll Drive. City will be responsible for a 12-foot wide strip along the same section. Developer shall be responsible for an 18-foot wide strip from Oak Knoll Drive to the northern end of the project. City shall be responsible for a 30-foot wide strip along the same section. Developer shall be responsible for the total cost of design and construction of the complete 48-foot wide section of street Developer will also finance City's share of the project at an interest rate of one percent (1 %) compounded annually for 3 years, beginning on the date of acceptance of the project by the City, City's share shall be the actual cost prorated as described in the first paragraph in this section up to Two Hundred Ninety Six Thousand and Nine Hundred Dollars ($296,900.00), 5. General Provisions. The text herein shall constitute the entire Agreement between the parties. DEVELOPERS AGREEMENT-STREET IMPROVEMENTS Developer Agrmt-Street Improvements Page 3 All construction shall be to City's standards, If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect This Agreement was approved in its entirety at the meeting of the City Council of the City of North Richland Hills on the _ day of ,2004, by a majority vote of the Council. J & JNRH 100 FAMILY PARTNERSHIP By: John W, Barfield, Trustee CITY OF NORTH RICHLAND HILLS By: Larry 1. Cunningham, City Manager ATTEST: City Secretary DEVELOPERS AGREEMENT - STREET IMPROVEMENTS Developer Agrmt-Street Improvements Page 4 ~Jd."'T '8 '.. ¡.. I \ ) rl~ ~~ V ~="-~ :< / \ %, "1 I'-..: I). .----1 -Tl- i- -rr -:l lßA- ..-- ~r-\ i- , -L.~ - ~ ,H \'i»oÞ - ,..- i- ~K i- ..=- t- t-1- ,- I~. I'.... ~..,. I"~ ~ N A I ~ "'-.l I " rr ~- IN ~~\ /\~"-h\J, c- ~ ~ '\ ~~ .Ad~rtX\..).- -:;hn 6 - µ - ~ ~o~'\//' ~ - =- ~ ['r~~\: L--- ~ ~f!r~ \ \~fl L- ~~ \-L ~ ' j i- .---' í Uf'""\1 ~ ù-1- 2QD~ \~ i W' . J~ " 'F'" -- ~ .~ I Smithfield Road l North of Bursey _____1____. __._ __. ______, '-..... ~ Bursey Road :-- ~ - ~ _b_ k J:~ -U-I--u -~= -.' f--b..,.J. - .~ - ;::¡I - __ri::::: rf'l.. . '" -15Ñ At ~K~~---þ::¡ ~ ~~~VJL' J-- ,^'- Ì'-- ' J-- I-- ~~ Y Rn ~ ~ r- - I Bursey Road East of Smithfield ..~ '" I 1-\ I Smithfield Road South of Bursey I-- I f.. '- ì, ,-I ~ NRH Exhibit A Street & Sidewalk Capital Projects Smithfield Road (From Improved Section of Smithfield Road at Green Valley Elementary School to Bursey Road) Project number will be established upon Council approval PROJECT DESCRIPTION & JUSTIFICATION This project consists of widening approximately 600' of an existing 2-lane asphalt roadway with ditches to a 48-foot wide concrete roadway with curb and gutter. This section of Smithfield Road is near Green Valley Elementary School and carries a substantial amount of vehicle and pedestrian traffic. Currently no permanent sidewalks exist for the school children to walk on and in addition the 2-lane asphalt roadway is inadequate for the amount of traffic, This project will provide a road designed to handle the school traffic, new concrete sidewalks for the pedestrians, and drainage improvements that meet the City's criteria, Additional right-of-way will be required for this project The property owners have indicated that the right-of-way will be dedicated to the City if there are no street assessments, The right-of-way costs are being budgeted in case right-of-way is not dedicated. PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Engineering/Design n/a Oct 2003 n/a Dec, 2003 Land/ROW Acquisition n/a Jan, 2004 n/a Feb,2004 Construction n/a Feb, 2004 n/a May 2004 REVISION EXPLANATION This project was not included in the adopted 2003/04 CIP Budget Therefore, this revision is necessary for Public Works to gain legal expenditure authority in this fiscal year, FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: n/a $0 $0 $0 $0 $0 Proposed Funding Revision: G.O, Bonds, Series 2004 0 0 104,500 0 104,500 ('03 Program) Total $0 $0 $104,500 $0 $104,500 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 5,000 0 5,000 Construction 0 0 99,500 0 99,500 Other 0 0 0 0 0 Total $0 $0 $0 $104,500 IMPACT ON OPERATING BUDGET Nominal maintenance costs for the first 10 to 15 years upon completion of the project. Annual Operating Impact Pro'ected Street & Sidewalk Capital Projects Smithfield Road (Bursey Road to the existing section of Smithfield Road) Project number will be established upon Council approval PROJECT DESCRIPTION & JUSTIFICATION This project consists of constructing a new 48-foot concrete roadway with curb and gutter where no road currently exists. This project will widen and realign Smithfield Road from Bursey Road to the existing section of Smithfield Road as shown on the City's Master Thoroughfare Plan, This section of Smithfield Road is approximately 1800 feet long, These improvements are necessary to improve the traffic congestion that currently exists at the intersection of Bursey Road and Smithfield Road. The improvements will also allow traffic to flow better to and from Green Valley Elementary School. This project will provide a drainage system that meets the City's criteria and provide sidewalks from the school pedestrain traffic. (Note: The developer is financing this project for 3 years at 1 %. The "other" category in the Finance Data section represents the estimated interest that the City will owe in FY 2007, The project will however be constructed as indicated in the Project Status section,) PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Engineering/Design n/a Oct 2003 n/a Dec, 2003 Construction n/a Feb, 2004 n/a May 2004 REVISION EXPLANATION This project was not included in the adopted 2003/04 CIP Budget Although no City funds will be required until FY 2007, the project is being included in the CIP Budget since it will start and end this fiscal year. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: n/a $0 $0 $0 $0 $0 Proposed Funding Revision: G.O, Bonds, Series 2007 0 0 0 306,000 306.000 ('03 Program) Total $0 $0 $0 $306.000 $306,000 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 0 0 0 Construction 0 0 0 296,900 296,900 Other 0 0 0 9,100 9,100 Total $0 $0 $0 $306.000 $306,000 IMPACT ON OPERATING BUDGET Nominal maintenance costs for the first 10 to 15 years upon completion of the project Annual Operating Impact Pro'ected Street & Sidewalk Capital Projects Bursey Road (Ember Oaks Addition West to Fair Oaks Addition) Project number will be established upon Council approval PROJECT DESCRIPTION & JUSTIFICATION This project consists of 2 parts, The first part is to reconstruct and widen the existing 2 lane asphalt section from the Ember Oaks Addition (where the improved section currently ends) to a 48-foot wide concrete street This part is approximately 600 feet long, The second part of the project will consist of constructing a new 48-foot wide concrete street (as shown on the City's Master Thoroughfare Plan) where no street currently exists. This part of the project is approximately 1200 feet long. After completion of this project, Bursey Road will be improved to the widths indicated on the Master Thoroughfare Plan throughout the City, This is the last unimproved section of Bursey Road remaining, The completion of the project will provide another major east-west collector connecting Davis Boulevard to Rufe Snow Drive. It is anticipated that this will lessen the traffic on Starnes Road and Green Valley Drive. Additional right-of-way is needed for this project from property owners, other than the developer. The property owers have indicated that the right-of-way will be dedicated to the City if there are no street assessments. Right-of-way is being budgeted in case it is not dedicated, PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision Engineering/Design n/a Oct 2003 n/a Dec, 2003 Land/ROW Acquisition n/a Jan, 2004 n/a Feb,2004 Construction n/a Feb, 2004 n/a May 2004 REVISION EXPLANATION This project was not included in the adopted 2003/04 CIP Budget Therefore this revision is necessary for Public Works to gain legal expenditure authority in this fiscal year. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: n/a $0 $0 $0 $0 $0 Proposed Funding Revision: G.O. Bonds, Series 2004 0 0 134,100 0 134,100 ('03 Program) Total $0 $0 $134,100 $0 $134,100 Project Expenditures Engineering $0 $0 $0 $0 $0 Land/Right-of-Way 0 0 10,000 0 10,000 Construction 0 0 124,100 0 124,100 Other 0 0 0 0 0 Total $0 $0 $134,100 $0 $134,100 IMPACT ON OPERATING BUDGET Nominal maintenance costs for the first 10 to 15 years upon completion of the project Annual Operating Impact Pro'ected Announcements and Information January 12, 2004 Announcements - Councilmember Whitson The Citizens Police Academy begins on Thursday, January 22nd. The class will be held for 12 weeks on Thursday nights. If you are interested in attending, call Officer Keith Bauman at 817-427-7000. The City will be hosting a parenting seminar at the Recreation Center on Saturday, January 24. Call 817-427-6600 to register or learn more information. Information January 17 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. Paramedics Eric Cook, Matt Fisher, Charles Spradling, Rob Thomas and Eddy Wood, Emergency Medical Services, Fire Department - A note of sincere appreciation was received from a NRH resident for the courteous and professional manner given in response to the resident's mother-in-law who was in cardiac distress. She could not have received more efficient service.