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Home My WebLink AboutCC 2001-03-26 Agendas . . - CITY OF NORTH RICHI..AND HILLS . ¡- PRÈ-COUNCIL AGENDA MARCH 26, 2001 - 5:45 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 March 26, 2001 City Council Meeting (5 Minutes) 2. GN 2001-035 Consideration of Support for Northeast Tarrant County Job Access Shuttle Grant (Agenda Item No. 14) (10 Minutes) 3. IR 2001-040 Discuss May City Council Meetings (5 Minutes) 4. IR 2001-041 Discuss 77th State Legislative Session Legislative Update (10 Minutes) 5. *Executive Session - The Council may enter into closed Executive Session to discuss the following: (30 Minutes) Deliberation Regarding Real Property as authorized by Local Government Code §551.072- Right-of-Way Acquisition (820) 6. Adjournment - 6:50 pm *Closed due to subjec~ matter as provide by the Open Meetings Law. If any action is contemplated, it will be taken in open ·sessio,n 03/26/01 City Council Agenda Page 1 of 5 . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 26, 2001 - 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 - Smithfield Elementary, Shelly Stevens 3. Pledge - Smithfield Elementary, Shelly Stevens 4. Special Presentations 5. Removal of Item(s) from the Consent Agenda e 03/26/01 City Council Agenda Page 2 of 5 , e e e 6. Consent Agenda a. Minutes of the Pre-Council Meeting March 05, 2001 b. Minutes of the City Council Meeting March 05, 2001 GN 2001-028 c. Approve Land Trade of Old North Hills Pump Station Property with Robert D. Sweet and Shelia K. Stephens - Resolution No. 2001-024 GN 2001-029 d. Authorize the Publication of Notice of Intent to Issue Certificates of Obligation - Resolution No. 2001-028 GN 2001-030 e. Waiver of Service in Federal Lawsuit - Resolution No. 2001-023 PU 2001-019 f. Award Bid for 2001 Flooring Replacement Project to Par Flooring in the Amount of $68,520 PU 2001-020 g. Award Bid for 2001 Interior Renovation Project to Ed Parker, Inc. in the Amount of $119,965 - Resolution No. 2001-025 PU 2001-021 h. Award Bid for Trash Pumps to Crescent Machinery in the Amount of $28,800 PU 2001-022 i. Award Bid for Annual Contract to Supply Police Department Uniforms to Direct Action Uniforms in the Amount of $44,379 - Resolution No. 2001-026 PU 2001-023 j. Authorize Participation in the Tarrant County Cooperative Purchasing Program for the Street Wedge Milling Project PU 2001-024 k. Authorize Contract Extension for Traffic Materials with Roadrunner Traffic Supply in the Amount of $37,956.70 and Vulcan Signs in the Amount of $48,323.91 - Resolution No. 2001-027 03/26/01 City Council Agenda Page 3 of 5 7. PZ 2001-03 Public Hearing to Consider Amending Article 11 of the City of North Richland Hills Zoning Ordinance, Section 1100; Definitions for Convenience Store and Service Station - Ordinance No. 2546 e 8. PZ 2000-038 Public Hearing to Consider the Request of Dunaway Associates for a Zoning Change on 37 Acres from C 1 Commercial to PD Planned Development for a Wal-Mart Retail/Grocery, Indoor Automotive Servicing, Fuel Sales, Outdoor Display and Storage with Future Commercial Pad Sites. The property is located on North Tarrant Parkway between Davis Boulevard and Precinct Line Road - Ordinance No. 2548 9. GN 2001-031 a) Consideration of Opting Out of the Sales Tax Holiday b) Public Hearing to Consider Opting Out of . the Sales Tax Holiday c) Council Vote to Opt Out of the Sales Tax Holiday - Ordinance No. 2549 10.CCD 2001-003 Sitting as Crime Control and Prevention District Board, Hold Public Hearing to Consider and Act upon Repealing Application of Sales Tax Holiday Exemption - CCD Order No. 2001-001 11. GN 2001-032 Consider NRH20 Season Pass Pricing and Child Height Adjustment 12. GN 2001-033 Consider Request of Gatehouse Networks for a Limited Cable Television Franchise for Home Town NRH 13. GN 2001-034 Revise Speed Limit on Bedford-Euless Road from Grapevine Highway to Strummer Drive - Ordinance No. 2547 14. GN 2001-035 Consideration of Support for Northeast Tarrant - County Job Access Shuttle Grant 03/26/01 City Council Agenda Page 4 of 5 · 15. a) Citizens Presentation b) I nformation and Reports 16. Adjournment e POSTED 533-cJ/ Dew ;(..¿¡ 5 /Jm Time ~C1tySocretary ~ ~ e 03/26/01 City Council Agenda Page 5 of 5 INFORMAL REPORT TO MA VOR AND CITY COUNCIL No.1 R 2001-040 ~ Date: --r Subject: March 26, 2001 May City Council Meetings The City Council will need to meet following the May 5 election for the purpose of canvassing the election. Pursuant to the Texas Election Code, the canvass can be held not earlier than the third day or later than the sixth day after the Election Day. Therefore the canvass can be held between May 8 and May 11. It is staffs recommendation that the City Council meet on Tuesday, May 8 at 6:00 p.m. to perform the canvass. Additionally, the second Council meeting in May is the Memorial Day Holiday (May 28). Staff is anticipating several planning and zoning items that would be scheduled for the second Council meeting in May. Since this meeting falls on Memorial Day, it is staffs recommendation that the meeting be moved to Tuesday, May 29. If Council concurs, Staff will place an item on the next agenda for the canvass to be conducted on May 8 at 6:00 p.m. and for the second meeting in May to be moved to Tuesday, May 29. Respectfully Submitted, ~áðVVd ~ Patricia Hutson City Secretary e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ., . ~. ... INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 2001-041 .\ ~ Date: March 26, 2001 V) Subject: Legislative Update Attached is the fourth NRH Legislative Update for the 77th Regular Session of Texas. The information in this report is what was available at the time agendas were prepared. NRH Priority legislation is highlighted in yellow to make it easier for you to identify those bills. We have deleted any bills that we do not think will have a direct impact on North Richland Hills. The intent is to make these reports more brief and easier for you to review, and allow staff to concentrate efforts on a smaller number of bills. As you know, the deadline for filing legislation was Friday March 9th. A total of 5,539 bills and joint resolutions were filed as of this deadline. According to TML, 1200 of these bills were filed on March 8th and 9th resulting in the usual bill filing frenzy before the deadline. The legislation proposed by NRH to increase the TXDOT population threshold for traffic signal maintenance on state highways was filed by Representative Carter. It is H8 2667. The bill will apply to cities with a population of less than 60,000 with at least three state highways that go through the city. Other significant actions include: · H8 1362 - the House version of the Dangerous Wild Animal bill passed the House and has been received in the Senate · S8 79 - Relating to uniform election dates passed the Senate and will be sent to the House for consideration . S8 243 - the Senate Impact Fee bill passed the Senate · S8 365 providing for uniform residential building codes was voted favorable from committee · S8 565 relating to public securities and bonds passed the Senate. We are providing this report for your information, and will discuss this with you Monday if there are questions or items that need immediate attention. Staff will stay current on all of this information and notify you when action is needed to either encourage or discourage any legislation. Respectfully submitted, ) ¡---,. - ~ ~L~ GreQViGk") - Managing Director of Community Services & Facilities ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ This is the fourth issue of the NRH Legislative Update for the 77th Regular Session. Information in this report is gathered from the Texas Municipal League and the legisla- tive tracking service we are using for the first time, Gallery Watch. Bills and information that will affect municipalities will be added or deleted as necessary throughout the ses- sion. Due to the large amount of bills that have been filed in the last couple of weeks, there has not been sufficient time to analyze them all. Staff will provided more informa- tion on these bills (pg. 19-24) in future issues. State Legislation Affecting NRH H8 438 & HJR 25 (Gallego) - Pro¡:¡ertyTaxes - would amend the Tex¡¡$ COl!$titution to exemptfrom ¡:¡roperty taxes "¡OIJd$ In transit" defined æ tangible ~I proJI;!Ity, other than 011 and go$, that i$ located at a $Ite nm under tha control of tile property ow_for 1_ than 210da)'$ sa 114 & $IR (I (Duncan)· PropertyTaxes - $<Ime æ aoove Same a$ above Senate Finanœ H8 444 (Madden) - Write-In Candktatœ - would provide that In a City Secretary Support Referred to Senate $peCÌal election (in addition to a general elootion) for dty officer,;, a Senate Imergovernmental write-In vote witlnot lie counted unes¡¡ tha names appear¡¡ on tha Committee Relations list ofwrite-ln candidates 3/19/2001 Environmental Support Referred to Senate Intergovem· Services Committee mental Relatiorn; dal vehicles and vehides transporting halardou$ material!;. 1/11/2001 H8320 (ll1Ie/Y) Fire Fighter.¡ - would allowflre tighten¡ to meet Fire Oppœe Nm Heard House Urban Affair!¡ and oonforwith a ¡mtitical $Ubdlv!slon regarding wages, ¡;alaries, 3/14/2001 hour¡¡ of work and othertBrms of employment. H8 64 (Wotern;) - City Officers - would require all eieded and Administration Op¡mse left Pending House State Affair¡¡ some ap¡mlnted dty oflk1ial!; to tile a tlllllllCial statement that 2/12/2001 Includes tile pe¡son's tlnandal activ!Iy and the tlllllndal activity of tha pe¡son'$ spouse and dependent children. H8 211 (A. Reyna) . Plumbing Code - would require tha State Development Support left Pending House Ucenslng & Board of Plumbing Examlnen¡ to adopt the International Plumbing 2/14/2001 Administrative Proc&- Code and tha Uniform Plumbing Corle. would eliminate adoption of dures the Southen1 Standard Plumbing Corle and the National Standard Plumbing Code, and would require plumbing In an ame nm othar· wise regulated umfortha Plumbing Uœnse law to be installeri in accordance with one of those two codes. A dtywould be allowed to adopt any natiol!lllly recogoized morlel plumbing code. H8501 (Carter). 911 5eMce DlstriGIs . would (1) allowtha Administration Support Sent to House governing body of tha third most populOWl city In a 911 district to local/Consent appoint a mernbertothe di$tlict's governing board, and (2) require 2/22/2001 that tha budget oftha district mereiy be presenter! to (not approved by) the governing body of each city that is part of tile district. State Le lation Affecting NRH (continued) Pendíng Legíslatíon Posítion Last Action Commíttee SB 170 (Wentworth) - Open Meetings - would provide that the appearance of II quo- Administration Support Sent to House rum of a governing body at II meeting of II legislative committee Is nnt II meeting of that Calendars 3/512001 governing body If the members of the governing body memly testify, comment or re- spond to the members of the committee, SB 187 (Shapleigh) - Texas Online Commission - would create a 15 member com- Information Sen¡iœs & Nnt yet processed mission (which would include three local government representatives) to estabßsh a Administration 3/20/2001 common Intemet system through which state agencies and local govemments can send documents, receive appßcations for permits and licenses, and receive payments from members of the public. HB 215 (Longoria)) - Employment-At-WIII - would provide that an employer may not Human Resources Oppose Hearing Set for House Economic discharge an employee wIIo has been employed for at least ten years, except for cause. 3/21/2001 Development HB 303 (Burnam) - Minimum Wage - would tie the Texas minimum wage to fair Human Resources & Oppose Hearing Set for House Economic market rent, and would require an empioyerto pay the greater of the Texas minimum Budget 3/21/2001 Development wage orthe federal minimum wage. HB 374 (Wohlgemuth) - Child Health and Safety - would provide that all cities may Municipal Court Support Referred to Committee House Insurance add an additional $25 fee for a traffic offense committed in a school crossing lone and 1/30/2001 use the resulting revenue for child health and safety programs. HB 458 (Pitts) - Municipal Courts - would allow a municipal court judge to defer Municipal Court Support Referred to Committee House juvenile Justice & proœerllngs against a juvenile until the 90th day after the date on which the teen court 1/31/2001 Family Issues beering to detennine the juvenile's punishment Is held. HB 46 (McClendon) - Aœident Reports - would prohibit the release of motor vehicle Police Support left Pending House Public Safety accident reports to the pubßc unless a person provides two or more of the following: (1) 3/19/2001 the date of the accident, (2) the name of any person Involved in the accident, (3) the fie location of the accident. (Cuella" - School Zones - would double the minimum and mædmum fine Municipal Court Left Pending House Transportation amounts for speeding violations thet oœurwlthin a school crossing zone wilen reduced 3/6/2001 speed limits apply. HB 63 (Wolens) - D.W.I. - would require a pOßce officer to take possession of a per- Police Sent to House son's driver license and issue a temporary driving permit to that person if the person is Calendars arrested for a OWl offense. 3/19/2001 HB 307 (Hupp) - Motor Vehicle Information - would require a city to obtain written Poßce Support left Pending House State Affairs consentfrom a person before the city could release any personal information about the 3/512001 person that is contained in a motor vehicle record that the city has been requested to release to the public. HB 345 (Keel) - Alcohol Related Offense - would require a pcece officer to take a Police Sent to House blood or breath specimen of a person involved in a motor vehicle or watercraft accident Calendars 3/9/2001 if the officer, at the time of arrest, reasonably believes thetan Individual has died, or will die, or has suffered bodily injury as a direct result of the accident. HB 363 (Gallego) - Traffic Offenses - would require a police officer to Issue a written Police Votad favorably House Public Safety notice to appear for any traffic offense that Is punishable by a fine only. 3/19/2001 HB 433 (Driver) - Truck Safety - would allow all cities to seek certification to enforce Police Not Heard House Public Safety commercial motor vehicle safety standards. 3/5/2001 HB 489 (Pickett) - Junked Vehicfes - would require that a vehicle have an expimd license piate and an expired vehicle inspection certificate before the vehicle can be considered a junked vehicle (correot law only requires one ofthuse conditions). HB 507 (Alten) - Concealed llandguns - would allow the Department of Public Sefety to grant a pennitthet would allow the permittee to cany a concealed weapon anywhere Police & Develop- ment/Code Enforce- ment Police Oppose Sent House Locall Consent 316/2001 Oppose left Pending 2/26/2001 House Public Safety 1 (Keel) - Arrest Warrants - would (1) require that any affidavit presented In su port of the issuance of an arrest warrant must be shown to the defendant upon the defendant's request, and (2) provide that an arrest warrant end any supporting affida- vits are public information immediately afterthe warrant has been executed. Police Sent to House Calendars 3/19/2001 Page 2 atlon Affecting NRH (continued) Pending Legislation SB 111 (Moncrief) - Acddent Repw - would require a pe¡soo seekingto obtain accident report information to affion that the pe¡soo will not use the Infonnatlon for direct solicitation of business or empl~nt for pecuniary gain. sa 112 (Moncrief) - Traffic Offenses - would require a poliœ offiœrto Issue a written notiœ to appear for all traffic offense punishable by fine only. SB 202 (Dunœn) - Interlocal Contmct$ - would provide that a govemment¡¡1 unit that enters Into a contract to receive poliœ pretectlon services from anotller governmental unit Isresponslble for any clwl liability that arises from the receipt of those senrices (ClIlTent law only addresses agreements for fire protection) Dept. Position Last Action Committee Poliœ Referred to Committee Senate State Affairs 1/11/2001 Poliœ Referred to Committee SenateJurisprudence 1/11/2001 Poliœ Support Pending in Committee Senate Intergovemment¡¡1 1/23/2001 Relations 58217 (Fraser) - Traffic Regulations - would allow all cities to apply for œrtIfiœtìoo Police &: Environmental to conductsarety Inspections 00 commercial vehicles and vehicies transporting hal- Selvíces aretous materials Referred to House Committee 3/19/2001 House Transportation HB 490 (Heflin) - Property Taxes: woutd amend the Property T<IX Code In ways. Budget &: Research House Ways &: Means HB 559 (Mowery) - PropertyT<IX - would provide tIrat attorney's fees in a judiclai appeal of property tax shall not be subjcd to limitations if the property's appraised value exœeds by 200 percent the appraised value required by law. Budget &: Research House Ways '" Means HB 277 (Bennan) - Property Taxes - would repeal the "rollback" tax imposed on Budget '" Research Referred to Committee House Ways &: Means agriculturally appraised land that changes to a non-agrlcultural use. 1/29/2001 HB 371 (It Turner) - Condemnation - would provide that In œrtaín cirCllmstances the Public WOIks, Develop. Op¡:¡ose Sent to House tajr market value of natural resources may be included in the assessment of damage to ment, City Attorney Calendars 3/2/2001 an ownerin a condemnatioo proceeding. HB 423 (Tillery) -Zoning - woutd provide that an open-enrollment chartersclwol Is Development Support Sent to House subject to municipal zoning ordinances. Calendars 3/14/2001 HB 57 (Cuellar) - Sales Tax - would prowde a sales tax exemptJon for the purchase of Budget &: Research Oppose Referred to Committee House Ways &: Means 1/23/2001 exemption would Impair an existing contract. HB 256 (Gallego) - Sales Tax - would prowde a sales tax exemptioo for building mate- Budget &: Research Oppose Hearing set for House Ways '" Means rials used to repair uninsured damage to residential homesteads in state orfederal 3/21/2001 disaster areas. HB 272 (Bennan) - Sales Tax - would provide a sales tax exemption for blond transfu- Budget &: Research Op¡:¡ose Hearing set for HouseWays &: Means sion equipment used duringsutgery. 3/21/2001 HB 324 (Cuellar) - Sales Tax - would provide a sales tax exemptJon for college text. Budget &: Research Oppose House Ways &: Means books purcllased by students. 1/29/2001 HB 445 (Bondman) . Sales Tax - would alltlwlile a city to hold an election to adopt a ourtl! percent sales tax for city street malntenanœ. Page 3 State Legi ion Affe NRH (continued) H.B. 562 <",adden) . Elections; would; (a) require a city that elects Its candidates by plurality vote to conductan automatic recount In an election that results in a tie vote; (b) provide that tile city may order a second election to resolve the tie only if It's already done the automatic recount; and (c) require the city to pay the costs of conducting the automatic recount. H.B. 5~ tMadden) . Elections: would require a city that changes Its election polling places to post a notice of the change at tile previous polling place. City Secretary Referred to Committee 2/1/2001 House Elections . 513 €Green) - Munlcioal Prooer\y: would provide that any real property owned by a city Is taxabte by another taxing unit if the property is situated in a county in which less than 20 percent of the city's entire tenitory is situated. (Please sce H.RJ. 28 below.) H.B. 5181Solomonsl . Teus Online Comml§Sion: would create a is-member ooro· Information Semces mission (wllich would Include three local govemment representatives) to establish a common Internet system through which state agencies and local governments can send documents, receive applications for pemlits and licenses, and receive paymenl:$ from members of the public. (ooropanion SB 187) Budget" Research Oppose Referred to Committee 2/1/2001 House Ways" Means left Pending 3/12/2001 House State Affairs H.B. 612 I~ . Tax Increment Financing: would: (1) require cities to inform the state comptroller of new tax Increment financing agreements or of changes to exI$ling agreements; (2) require the city to send a copy of Its annual tax increment financing report to the comptroller; (3) require the comptroller to maintain a central regI¡¡t¡y of tax increment financing agreements; and (4) authorize the comptrollerto assist a city with tax increment financing upon requent of the mayor. H.B. 611 (Puentel . Neigbborllood AssocIations: woutd allow a ciW to entablish a .m to use volunteer.¡ from a neighborhood asseciation to help the ciW enfurce and safety ordinances. H.B. 620 1Cal"l'lo) . SoeQ!!ing Offenses: would decrease from 25 to 20 the number of miles per hour over the speed limit at which a speeder could obtain dismissal for a speeding offense by taking driver's training. Finance Sent to House/local Consent 3/12/2001 Environmental Semces & Development Hearing set for 3/21/2001 House Urban Affairs Municipal Court Support Referred to Committee 2/1/2001 House Public Safety Page 4 State Legislation Pendíng Legislation H.B. Ç21 (CaDeln) - Traffic Offenses: would require that a written notíce to appear in court is mandatory for all traffic offenses punishable by a fine only; and would provide tIIat a peace officer who charges a peISOI1 witll committing a traffic offense tIIat Is a Class C misdemeanor shall issue a citatioo to the peISOI1 instead of taking the person before a magistrate. Dept. Police H.B. 630 (S. Turner) - Unma~ Vehicles: would exempt automobiles used by mu- nicipal code enforcement officers to enforce environmentat laws from tile requirement to have an inscription on each side of tile vehicle identifying the name of tile city and tile department or office having custody of tile vehicle. Development H.B. 668 (Maxey) - Emol0YJllent Discrimination: would prohibit all employers includ- ing a city from subjecting an indíviduat to different standards or treatment on the basis of the person's sexual orientation; and would waive a city's sovereign immunity and make a city liable for damages for any viollltitln of these provisioos. Human Resources H.B. 698 (Guti~ - Tran~rt¡ltion Funding: this bill is the same as S.B. 245 below. Poblic Works HJ.R. 28 (Green) - Municipal Pro{.Ierty: would amend the Texas Constitution to allow for tile taxation 01 municipal real property as described in H.B. 573 above. Budget S.D. 227 (Shaplelghl - Oesigl1-Builg: please see H.B. 579 above. Public Works a city is !!lit immune from Police S.B. 251 (Harris) - Asset FoIfeiture: tIIis bUt is tile companion of H.B. 676 above. Police S.B. 251! tCarona) - Prooerly Taxes: would permit taxing units in possession offore- closed land following a bid-off procedure to recover personnel and overhead costs when tile original owner redeems the property. S.B. 262 (Bernson.l - Public ~ Emp~ would require a city to provide COUll- seIIngservices to a public safety employee who: (a) is exposed to or involved in an accident involving deatll orserlous injury and (b) requests such semœs. S.B. 264 ~) - AIcoIIoI-Free ScIIooll,¡!l1IJ: would autltorize a school in any city to petition tile municipal g\)veming body to adopt 1000.foot alœhol..f!ee zones around schools. (Note: under current law this can be done only In a city with a population of 900,000 or more.) SJ.R. 10 fLu¡:io) - HlgIIway Fundi",' would amend tile Texas Constitution to permit the state to sell grant anticipation revenue bonds. (Note; this resolutiools similar to please see SB 241 above.) Pulica Development Public Works Pages e NRH (continued) Position Last Action Committee left Pending 3/19/2001 House Public Safety Support Referred to Senate Senate Intergovernmental Committee Relations 3/14/2001 Referred to Committee House State Affairs 2/1/2001 Oppose Referred to Committee House Transportation 2/1/2001 RefelTed to Committee House Ways & Means 1/31/2001 Support Committee Senate Intergovernmental 1/16/2001 Relations Oppose Not Heerd in Senate Intergovernmental Committee Relations 1/23/2001 Nnt yet processed Senate Criminal Justice 3/20/2001 Support Received in tile House House Ways & Means 2/21/2001 Support Referred to Committee Senate Intergovernmental 1/11/2001 Relations Referred to Committee Senate Educa1ion 1/22/2001 Support Certified for Senate Intent Calendar 3/19/2001 State Legislation ecting NRH (continued) House Civil Practices Referred to Committee House Criminal Jurìspn¡denœ 2/5/2001 Oppose Hoose WIJiy$ & Means page 6 State Legislation Affecting NRH (continued) H.8. 862 (Dlmøn\ - PubliC; Nulsançes: would allow a city resident to file a lawsuit against a city forcing the city to take remedial action against a public nuisance and would allow a court that determines a nuisance exists to require that the city abate the nuisance or purohase or condemn the property that constitutes a nuisance. Legal left Pending 3/7/2001 House Civil Practices H.8. 864$ !I>UUmI) - Public Information ~ would amend the Public Information Act to limit the types of law enforcement records that a law enforcement agency could withhold from public disclosure. Police Oppose left Pending 3/12/2001 House State Affairs H.8. (ijI2 (. ~) - Municipal CWrts: would allow a municipal court judge to defer proceedings against a juvenile until the 9Q111 day after the date on which the teen court hearing to determine the juvenile's punishment is held. (ThIs bill is the same as H.8. 458 and H.8. 822 above.) Municipal Court left pending 2/13/2001 House JuvenilecJustiœ& Family IssOOs H.8. 8U (J. Jones) - InterIoçal Contracts: this bill is the companion of 5.8. 335 be. Admlnistrntion Sent to House Calendars 3/6/2001 House County Affairs 4 . would: (1) require a governmental body to designate a primal}' place at which notices of all meetings must be posted; (2) allow a governmental body to designate a secondal}' place of posting if the primal}' place be- comes inacœsslblec; and (3) require a governmental body that customarily posts notice of a meeting In two places to deslgoate each location as a primal}' place. City Secretal}' Referred to Committee 2/5/2001 House State Affairs H.8. ~1 ($q\IJ) - {¡ÇQIOmIc ~ment would provide for the devetopment of an economic development plan forthe state would require that the plan include goals and standards would require that the state "encourage· local governments to use the standards contained in the plan and provide that local economic develo¡!mant efforts that "prodnce a cost to the state . must use the standards. (Companion bill Is S.B. 143.) Development Oppose House Eoonomlc Develop. ment this bill is the companion of 5.8, Parks left Pending 3/1/2001 House Economic Oeve¡op.. ment Page 7 State Legislation Affecting NRH (continued) S.B. 275 (Sbaoleîgh) - Economic ~elooment: would require the state comptroller to Parks prepare a report eve¡y two years on the economic development activities end perform- ance of state agencies, institutes of higher education, end 4A and 4B economic devel- opment corporations. (Companion bill is H.B. 932.) S.B. 336 (Madia! Rabies - Vaccination: would allow a local rabies control authority to Environmental Se!vices administer rabies vaccinations to animals and wouid allow the local rabies control authority to designate someone to administer the vaccinations on behalf of the authority. Pending Legislation HJ.R. 44 (flofe!û - ~ Taxes: would amend the Texas Constitution to permit the legistature to exempt travel trailers not used for production of income fmm pmperty taxes. (Companion legislation isSJ.R. 11.) Dept Position Last Action Committee Budget 8< Research Oppose Referred to Committee 2/5/2001 House Ways8< Means Referred to Committee 1/22/2001 Senate BuSiness & Commerce Referred to Committee 1/23/2001 Senate Health & Human Services . . 82 Galle - FI rtm: would rewrite the corrent law tbat requires fire departments to provide to its personnel protective clothing end self·contained breathing apparatus woutd require departments to provide personal alert safety systems H.B. 199 (Pitts) - Building tnspections: Reiating to the review of plans and specifica- tions and the inspection of bultdings or facilities for the )IIrpDse of eliminating architec- tural bamers encountered by persons with disabiHtles. H.B. 450 (Yarbrough) - Building Permits: Relating to notice and hearings regarding the appHcation for certain building permits and the authority of municipalities to deny certain building permits. H.B. 969 (Oliveira) - Pu~ng: would provide that a city with a )O)IIlation of 200,000 or less wben purchasing real or personal property may gIvec preference to a local bidder. (Note: current law grants this option to any city with a po)lllation of 100,000 or less.) H.B. 984 (Grusendorfl - Devetopment Permits: would provide that property owned by a reHgious organization tbat is exempt from pmperty taxes is not required to he platted before the religious organization can obtain a building permit or any other permit re- quired to develop the pmperty. H.B. 989 (~n} - Personnel Records: would require an employer to allow an em- ployee to inspect the employee's personnel records at least twice a year; would allow an employee to remove or correct any information contained in the personnel records if the employer agrees with the correction; would provide tbat If the employer disagrees the H,B. 1021lClIIIId - COIISU!tit!oo With Attorney: would provide tbat a governmental body may use a telephone conference call a videoconference or the Internet to consult with its attorney In open or closed session. n T would provide that: (a) any entity thet is funded by such revenue must before n moon and expenditure specify in a list the activity or event that is funded by the and directiy pmmotes tourism and hotel end convention activity; and (b) events or activities can he added to the list at any time. Oeveloplßent left Pending House Ucensing 8< Adminis- 2/26/2001 tmtive Procedures Referred to Committee House land & ResoUlœ 1/30/2001 Manegement Su))l!lt Referred to Senate Senate Intergovernmental Committee Relations 3/15/2001 left Pending House land 8< Resource 2/26/2001 left Pending House State Affairs 3/12/2001 Support Voted favorably House State Affairs 3/19/2001 Oppose Sent to House locall Consent 315/2001 Development Finance Development Human Resources Administration Oevelopment Page 8 State Legislation Affecting NRH (continued) Pending Legislation H.B. 1025 (I~ - $8~ TIIX!$: would exclude tile following fees from tile taxable sa~ price of telecommunications services provided tile fee is passed tllrough to tile purchaser: (1) the utifity gross reœipts assessment; (2) tile state universal setvlce fund assessment: (3) the federal universal setVice fund chalge: (4) the state telecommunica- tions infrastructure fund charge: and (5) city franchise or right-of-way fees assessed under Chapter 283 of tile local Government Code. H.B. losq /Galle~1 - 0tItm Mel!ting¡i: would provide that tile appearance of a quorum of a governing body at a meeting of a legislative committee is not a meeting of that governing body and does not require tile governing body to pust a notice if: (a) tile legislative committee pusts notice that tile governing bodywill appear and (b) the governing bndytakes no actions. H.B. 1070 (CraddicIQ - Impact F~: would provide that a city with a population of less tIIan 115,000 that constltutex more than three-fourths of tile county in wldch it is lo- cated may prohibit a landowner from connecting to a capital improvement unless the landowner enters into a written agreement with the city to pay a proportional share of thecost of tile capital improvement if the city has not adopted an impact fee. H.B. 10$2 (TbomD$On I- Waging Disçrimln¡¡tion: would generally prohibit discrimina- tion in wages based on race, color, disability, religion, sex, national origin, or age. 5.£1. 4 {Shlili!01 - Transportation Ful11ing: would create a Texas mobility fund; would provide that an undetermined amount of tile state's general revenue shall be placad in the fund: would authori:œ 1XDCIT to sell bonds backed by revenue in tile fund or by tile state's full faith and credit; and would provide that the revenue shall be used for tile state's highway, roads, and other mobility projects. (Note: this act would go into effect o Texas constitution is amended: please see SJ.R.16 below.) $.£1, 396 /Dunç¡¡nl - Real Pn¡¡¡eñ;y: would exempt a city from the notice and bidding requirements of Chapter 272 of tile local Government Code wilen the city sells or trans- fers real property to a nonprofit 501(c)(3) organization. (Companion bill is H.B. 122.) $.8. 407 {C¡lin - Tral!SQOrtation Funding: would authori:œ public entities including cities to borrow money from the state infrastructure bank account for certain transpur- tation projects that are partially funded by federal money. 5.£1. 411 (Shawrol - Tran~on FUrldlng: would provide that all revenues gener- ated by certain transportation-related fees (for example tile vehicle registration fee) shall be deposited in tile state highway fund and not be used for other PUrposes as is the case under corrent law. 5.£1. 43$ (Madl,,) - EmilU!pl Domain: would require a political subdivision that con- demns land for the stated purpose of developing tile land's natural resources to pay for the value of tile resources in addition to the value of the land. (Note: current law requires payment only forthe market value of the land.) $.£1. 455 (Armbristl!ñ - PeI;e OffIcers: would provide that person may not enroll in peace officer training unless tile person has either. (a) a high school diploma or (b) a high schnol equivalency certificate with 12 hours of higher education wIth at least a 2.0 grade point average. SJ.R. 1'ì (Sh;!p!rø - Transoortatlon FUldi!le: would amend the Texas Constitution to allow for the sate of bonds fortranspurtation projects as outlined in 5.£1. 4 above. Position Committee Budget '" Research Reférred to Committee 2/6/2001 House Ways '" Means City Secretary Oppose left Pending 2/19/2001 House State Affairs Development Referred to Committee 2/1/2001 House land '" Resource Management Human Resources Support left Pending 3/7/2001 House ECOnomic Develop- ment PublicWorks Support Not yet proçessed 3/20/2001 legal Certified for Senate Intent Calender 3/15/2001 Public Works Support Referred to House Committee 3/7/2001 House Transportation Public Works Support left !'ending 3/1/2001 Senate f'inanœ Oppose Certified for Senate Intent Calendar 2/21/2001 Police Not Heard 2/21/2001 Senate Crlmieal Justice Public Works Support Not yet Proœssud 3/20/2001 Senate State Affairs State Legislation Affecting NRH (continued) Pending Legislation Position Last Action Committee H.B. 1121 (J. Tumel) - Peal;! Offiçt!r$: would pmvide that a person may not enroll in peace officer training unless the person lias either: (a) a 111gb smool diploma or (b) a lIigb seIIenl equivalency certificate with 12 !lours of lIigber education with at least a 2.0 Left P!1nding 2/26/2001 House Public Safety H.B. 11~ (coleman) - Parking: would require a city to dedicate all fines collected for disabled parking violations to a special fund to be used only for improving accesslbilil}' for disabled persons. The bill would also allow a city to use fines collected for other traffic offenses to: (1) defray the expense of captioning and personal assistance s8lYices for a disability-related community event sponsored by tile city and (2) provide teci!nlcal equipment sucII as Braille writers and telecommunications devices for the deaf for use by persons witll disabilities at a cityfacilil}'. Municipal Court Referred to Committee 2/7/2001 House Urban Affairs H.B. 1\49 (Martinez FischW - Police Qfficer.¡: would allow seIIenl district police officers to arrest a person wIIo commits a traffic offense in a seIIenl crossing zone and would require seIIenl district police officers to receive training in the proper use of radar or laser units from a city police officer or county sberifrs deputy. Police Not heard 3/5/2001 House Public Safety H.B. 11$4/Qrlmeö - CQllflict of Intefl1St: would allow pmperty owned by a person wllo becomes a member of a city council or a planning and zoning ooard to oontinue to receive tax abatement and tax increment financing that is already in effect prior to that person joining the governing body. (Note: this bill would reverse Attorney General Opi¡¡. House WaY$ &.Means H.B. 1200 (Mille" - p~ Taxt!$: would allow schenl districts to cap the taxable value of certain property as an economic development incentive; and would provide tllat unlike tax abatement the cap on taxable value would not hinder the seIIool district's ellgibilil}'for state funding. Support Referred to Committee 2/7/2001 House WayS 8< Means a criminal offense for racial or probibit a police officer from making an arrest detention or searel! that is based on a person's race orettmicity. House Criminal Jurisprudence State Legislation Affecting NRH (continued) Pending Legislation H.B. 1285 (Clark) - Municipal Regulations: would clarify several statutory provisions relating to cities including the following: 11} would provide that a municipal officer may not be removed from office for an act committed before the officer took office if the act was a matter of record or otherwise known to the voters; 12} would provide that for obtaining pre-clearanœ from the U.S. Department of Justice for annexation a city must apply for pre-clearance on the earliest date permitted under federal law; 13} would provide that if another law requires a city to give nctice of i1$ budget hearing the notice provisions of Chapter 102 of the local Govemment Code do not apply; 14} would provide that the unclaimed or ahandoned property provisions of the Texas Property Code do not apply to property seiled by a police officer under Article 111.17 of the Texas Code of Criminal Procedure; and IS} would provide that the goveming body of a genersllaw city could remove a municipal court judge from office only by following the removal provi- sions in Chapter 21 of the Texas local Govemment Code. H.B. 1273 (I. Da~) - Peace Officer and Fire Fighter Benefit Fund: would create a benefit fund for peace officers and fire fighters injured in the line of duty. INote: the bill has no provisions regarding the source of revenue forthe fund.} H.B. 127S (Coleman) - Suildinll Permit!¡: would amend the Texas Ahestos Health Protection Act to provide that a city may not issue a building permit to renovate or de- molish a public building until after the applicant for the permit provides evidence that an asbestos survey of the building has been completed by a person licensed to perfomr such services lcompanion bill is S,B. 509 below}. Position Last Action Committee Administration Not yet processed 3/20/2001 House Urban Affairs Human Resources Refetred to Committee 2/8/2001 House Pensions 8< Investments Development Voted favorably 3/14/2001 House Public Health water and sewer rates based on factors other than rate of retum; (d) provide that affili- ates of utirllles owning more than 50 systems that provide retail water or sewer serviœ would be prohibited from supplying wholesale water supply se!VÍce to that utility except in emergency situations and only if TNRCC finds that the utility cannot obtain wholesale waterservice from another source, H.B. 12S5 IBrlmi!Q - Sales Taxes: would permit a city under 600,000 in population (as opposed to less than 275,000 population as is current law) to request information from the comptroller about the amouot of city seles taxes collected by large local busi- nesses; and would permit any city to request information from the comptroller ahout the amount of city sales taxes collected by any businesses which are party to the following: 11} an interlooal agreement; 12} a tax abatement; 13} a reinvestment zone; (4) tax inere- mentfinancing; IS} a revenue sharing agreement; Iii} an enterprise zone; 17} a neighbor- hood empowerment zone; or IS} any other similar agreement zone or district. I1.B. 1322 {Brimi!Q - Billboards: would allow a city to regulate the size of a sign or blllhoard in a residential area and would provide that a sign in a residential area may not be largerthan 36 inches by 36 inches. H.B. 1336 (Wilsmv - Racial ProfIling: would require a poIiœ officer who stops a vehi- cle for traffic offense to report the age, gender, race and ethnlclty of the driver of the veIIjçe stopper! and would require a city to maintain compile and report traffic stop information to the Texas Commission on Human Rights. 7 od I! . ns: would provide that when voters defeat a munici- pal bond proposal the city may not conduct another election 011 a proposal that is similarto or reiated to the earlier bond proposal until one year has elapsed. Budget 8< Research Support Hearing set for 3/21/2001 House Ways 8< Means Development Not heard 3/7/2001 House County Affairs Poræe Referred to Committee 2/12/2001 IIoúse Criminal JurlsprodeIIee Finanee Administration Referred to Committee 2/12/2001 House Urban Affairs Page 11 State Legislation Affecting NRH (continued) S.B. as2, fSIlaJ.lelllll1 - p¡blle Infllmlatlon: woutd require tile Texas Attorney Gen- eral to provide a statowlde toIl·free number tllrougli wllleh citizens COIIld COIItaet tile open records division of tile attorney generat's offlœ and WOIIld require a ctty to post $.B. 427 (luclo) - Mandaœ. lIealt\l Beneft»: would provide that health benefit plans IncludIng Intorgcwemmental risk pools must provide coverage flit autism and "porvaslYe development disorders. " 5." !iQt (Mo"çrlef) - Bofllþg PermIt$: would amund tile Texas Asbestos Health Proteetlon AetArtlcle 4477-3a to provide tIIat a ctty may not Issue a bundlng permit to renovate or demonsll a pubOe building until after tile applleant for the permit provides evldenœ tIIat an asbestos sumy of tile building lias !leen completed by a person licensed to perform suehsurve)'S. (Compunløn Is H.B. 2,27B.) S,B. 510 (~rlster) - Altemlttlg ProCQrement and OellY!n:y Methods: would atlow eltIes to _ eompetltlve bidding eompetltlve seated proposals a design-build eontraet a construellon munager or job order eontraellng for the COIIstruetlon or mulntodanœ of a publle fatUl1y, would define "publle faetllty" as a buildIng In- tonded for humun habitation and offIœ _ bllt would esclnde IIlghways, roads, streets, bridges, utlllttes, water supply proleets, water plants, wastewater plants, water and wastewator distribution or ellll\ley8nœ faellltles, wllalVes, docks, elee· trie generation Of dlstrlbutton facilities, or drainage ¡¡roeçts, $.B. !i11 I$lblev) - PllIlll!llng CqIe: WOIIld require the Stato Board of Plumbtng ExamIners to adopt tile Internattonal Plumbing COde and the UnHom! Plumbing COde WOIIId eliminate adoption of the Southern Standard Plumbing COde and the Natlonat Standard Plumbtng Code and WOIIId require plumbtng In an area not otherwise regulated umfot the Plumbtng uœ- Law (Art. 6243·101) to be Installed In aceor· dance wltII one of tIIose two codes. A elty WOIIld be allowed to adopt any nattonally recognized model plllmblng eode. (Companion bnlls II.B. 217.) lIumanR_rces Referred to Committee 1/29/2001 Senate Business & Commerce Development Set on Senate Intent Calendar 3/20/2001 Flnaneo Support Vlltedfavorably Senate Intergovêmmuntal Relations Develnpmullt R1Ifertelito CoIOlRlttee 2/5/2001 Senate Iluslne$S" Commeree Page 12 State Legislation Affecting NRH (continued) S.B. ~7 fludo) - Ml!qW;IÇtIl'1Id lIouslnJ: would allow a city to require a permit, bond, fee or lIc:ense In addItion to tIIat required by state law fer tile _meRt of a manufactured home wltIIln tile elty. Development Referred to Committee 2/7/2001 Senate IRtergovernmental Relations $.,. ~7 rSlbl~ - Sales TIIXfS: would exelude tile fotlowlng fees from tile taxable sales prlee of teleeemmunleetlon¡; servlees provided tile fee Is passed tllrough to tile perchaser and Is listed as a separate line ltern on a bill: (1) tile utility gross reeelpts assessment; (2) tile state universel sefYIçe fend assessment; (3) tile federal univer· saI sefYIçe fund ellarge; (4) tile state teIec:ommunleetloll$ Infrestmctore fund ellarge; and (5) aty franchise or rlght-of·way fees assessed under Chapter283 of tile Loçal Government Code. (Note: tills bIll Is similar to II.B. 1025.) Blldget" Research OIIiI$e Referred to CommIttee 2/7/2001 Senate FIIIanee S.B. 5~ fM!J!!I!!) - OQen Me.tln~ would pmvIdetllata eommlttee. Sllbeemmlt· tee, or otller similar entity tIIat Is created by a munldpal governing body shatt be _red by tile open meetings law If a majority of members of tIIe~. sufi. eemmlt.tee or similar entity are members of tile municipal governIng body, and If tile entity engøges In deliberation. Administration Referred to lIonse Committee 3/8/2001 lIonse State Affalrli 11.8. 1411 (Wlllk/¡f - ~V!' Prow/'fßIent and ~1Vf1!Y MC!tIIQ~; would allow dtles to use competitive bidding, IJOmpelitlve sealed )I'OOSaIs, a design·build IJOn· tract, a!:Ol!$!ructlon manager, or job order IJORtractlng for tile construction or malnte- _ of a ¡wblle t¡¡dlity; would define . public facility' as e building intended for human habitation and offiee use but would exctude highways. roads, streets, bridges, utilities, water supply projeçts, water plants, wastewater plants water and wastewater distribution or conveyançe f¡¡dlities, wharves, docks, electric generation or distribution fadlities, ordmlnageproje(:t$. (Companion bill IsS.8. 510.) State Legislation Affecting NRH (continued) Pending Legislation H.B. ~44ª (OIlveif1\) - Tax A~e!1l;: would allow cities to grant tax abatemen1s on Economic Development personal property located on leased, tax-exempt:, real property. (Note: this bill would reverse Attorney General Opinion JC.Q3oo wIIlch concluded that lessees of tax-exempt real property may oot participate In tax abatement). H.B. 1449 (OI!vei~1 - Tax Abatement: would allow new tax abatements by cities after Economic Development September 1, 2001. (Note: under current law the chapter of the Tax Code authorizing tax abatements expires on that date.) Committee Support left Pending 3/14/2001 House Ways· 8< Means Support left Pending 3/14/2001 House Ways 8< Means H.B. 1454 (Martinez Fisch~ - Eh!Ction$: would prohibit a city from paying It$ election judges and cterks more money than that paid by the state or county In their elections. (Companion bill Is S.B. 608.) City Secretary Referred to Commltten 2/12/2001 House Elections H.B. l$O!1 (YarQl))Ugh) - Plumbin~ $tandards: would: (1) require a city that regulates .. ,fixtures, valves, tanks, and other fixtures through which water, gas, or Is œrried, to use a líœnsed plumber to perform plumbing Inspections; (2) p that if the , boundaries of a ci1y and a municipal utility district (MUD) overlap, only the ci1y may pe¡form a plumbing Inspection and collect a permit fee; and (3) clarify the provisions of the Plumbing Standards Act by providing that In adopting a plumbing code a city may only adopt a code that does not substantially vary from the rules or laws of the state. Development Hearing set for 3/21/2001 House Ueenslng 8< Administration H.B. 1509 (Yarbrough) - Public Safety EmpIoVee!¡: would expand the provision of state law that allows a public safety employee to seek relmbUl!\ement from a govern- mental entity for exposure to a contagious disease by Including exposure to hazardons materials If the exposure to the hazardous material occurs during the course of employ- ment the disease caused by the exposure Is not an ordinary disease of life and the ernployee requires preventive medical treatment because of the exposure. Referred to Committee 2/13/2001 House Bl!Síness & Industry H.B. 1527 (Bail~ - ~a¡lin¡¡ Wages: would allow a governmental body to require an entity that has contracted with the governmental body to pay its employees more than the prevaílfngwage rate. H.B. 1528/Bail!!'l1 - CøI!Ç\!ve Ba!!!i;!lnlng: WOUld provide that the state or a political subdivision of the state may not enter Into a collective bargaining agreement with a labor organization that advocates the right to strike. (Note: current law proIIlblts colfec- tíve bargaining under any circumstances except that municipal polfco or lire ernployees can get collective bargaining rights through a popular vote. Thus this bí!! would broaden collective bargaining rights.) Referred to Committee 2/14/2001 House State Affairs Human Resources Oppose Referred to Committee 2/14/2001 House State Affairs H.B. 15q (lll1) - Sales Taxes: would provide a specílíc sales tax for cíty-aeated crime control and prevention districts. (Note: current law requires cities to enact such a under a chapter of the Tax Code genemtly related to counties.) H.B. 1544 (Uhert - Publlç InformatiQn: would prohlbìt the release of pefSOlJallnforma- tíon contained In the Illes of tha Texas Department of Public Safety and would allow the release of motor vehicle accident lofonnatlon only If two sepernte types of loformatíon regarding the accident are provided. left Pending 3/5/2001 House State Affairs State Legislation ecting NRH (continued) Pending Legislation Dept. Position Last Action Committee H.B. 1574 {Junet!) - Emergency Communications: would abolish the Commission Qn Poliœ Referred to Committee HouseState Affairs State Emergency Communiçat:ions (tile so-called "9-1-1 Commission") and transfer Its 2/15/2001 duties to the Public Utility Commission ofT_. H.B. 1611 {KQlldlorst} - Prevailinlf Wag¡¡: would provide that all cities (not just those Human Resources Referred to Committee House Urban Affairs over 10,000 In population as is current law) may collect a penalty from a contractor who 2/15/2001 fails to pay the prevailing wage 181e. H.B. 1643 (Hinolasa) - Pulice ()ffi~: would create a criminal offense for racial or Police Referred to Committee House Criminal Jurisprudence ethnic profiling by a police officer; and would generally prohibit a police officer from 2/15/2001 making an arrest, detention or search that is based on a person's race or ethnlcity. (This bill is the same as H.B. 1250.) H,B. 1652 (WIlliams) - Fire Figllters: would extend the protections of the Texas Tort Rre Referred to Committee House CMI Practices Claims Act to any non-profit fire department or fire figllter responding to a fire emer- 2/15/2001 gency if an error or omission occurs In responding to the emergency. H.B. 1654 «alton) - Arrest Warrants; would provide that infol111ation in an arrest Pofice Sent to House warrant or an affidavit supporting an arrest warrant is not required to be disclosed to the Calendars 3/19/2001 publiC until alter the arrest warrant Is executed or three days alter the warrant is issued or affidavit is filed wbichever time period is laler; and would provide that these disclo- sure requirements do not apply to warrants or affidavits relating to the arrest of a person for a misdemeanor offense punishable by a fine only. allow a city ta Impose a fine up to Administration Referred to Committee House Urban Affairs 2/15/2001 .9 (B. Tume¡; - Unden!round Faciliijes: would provide that an operator of an Public WOIks I.eIt Pending House Public Safety und facilitywbo has been contacted by a notificatkm center must: not later than 3/19/2001 24 hours before an excavation is to begin notify the excavator of the operator's plans to H.B. 1675 tBumam) - Minimum W~: would provide that a city must: pay a minimum Human Resources Referred to Committee House State Affairs wage that is the greater af the federal minimum wage or a wage besed on federal pav- 2/19/2001 erty guidelines for a family of four. HJ.R_ 7 lBetty Bmwn) - PrQnerty Taxes: would amend the Texas Constitution to cap Budget &. Research Referred to Committee House Ways &. Means city and county property taxes on the unimproved homesteads of persons over age 65 2/21/2001 similar to the cap on school district taxes for persons over age 65 if 000 of the following OCCUI1S: (1) the governing body of the city or county votes for the cap; or (2) the cap Is passed at an election wblch must be called IIWII a petitiun of five percent of the regis- tered voters of the dty or county. S.B. 578 tMadla} - ProvIsion of Emergenc;y Communicatian ~~ would require Fire &. Pulice Hearing set for Senate Business &. Comreeree the Commission on State Emergency Communications ta develop and operate an emer- 3/21/2001 gency call box system; to develop standards far allowable expense$ for fadlities, equip- ment and pen;anool _ry to establish and operate a pubUc safety answering pOint and 9-1-1 system; to develop where feasible a wireless Phase II system (as defined by the Federal Communications Commission); and to use the most current technology to ensure that 9-1-1 service has the most up-to-date network, database, and equipment. The bill would als¡¡ provide that a home rule dty operating a 9-1-1 Sl!lvlce would be required to participate In the state administration of emergency communications, or become part of an emergency communications district, ar elect to fol111 a new emer- gency communication district. Further, a district fol111ed by a home rule city would be governed by a six-member boal!! one non-voting member of which would be appointed by the principal service supplier in the city. Finally, the district would be authorized to Impose a 9-1-1 fee of not to exceed three percent of the monthly base rate charged a service user by the principal service supplier In the city and to Issue and sell bonds in the name of the district to finance facilities. eQUipment or supplies to begin providing 9-1-1 service or to install equipment _ryto provide 9-1-1 service. S.B. 604 tSibtex) - Public IlIfqrmatlon: would allow an agency, boal!!, commission, Administration Support Hearing set for Senate State Affairs .ent or committee created by the executive ar legislative branch of government 3/20/2001 se confidential Intonnation to another gevemment body of the state another r the United States without violating the provisions of the Public Infol111ation Act. S.B. 608 IVan de Putte\ - Elections: this bill is the saree as H.B. 1454 above. City Secretary Referred to Committee Senate State AffailS 2/12/2001 Page 15 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position S.B. 650 lCorona} - PrQ¡:¡e~ T~; would eliminate awdliary membels of appraisal Budget 8< Research Certified fm Senate review boards and authorize the appraisal district board of directom in certain pQpulous local/Consent countins to increase the number of regular appraisal review board members. CalerJdar3/14/2001 S.B. 658 (Barrientos} - I1roperty Taxes: would make the following changes to the Tax Budget 8< research Referred to House House Ways 8< Means Code rehiling to pro~ tax exemptions lor disabled vetemns: (1) increase the amount Committee of exemption a disabled veteran or serviving family member is entitled to up to the 3/19/2001 maximums permitted by the Texas Constitution; (2) allew the children of deceased disabled veterans and their S)Quses to continue to receive the vetman oorent's tax exemption until the child reaches ag¡¡ 30 instead of ag¡¡ 18 as under cummt law; and (3) allow each surviving child to receive the full amount of the exemption that the vetemn parent was entitied to at the time of death instead of dividing the exemption amount among all of the surviving children as current law requires. (Please see SJ.R. 22 be- low). S.B. 678 IR. W~ - Muniçj~1 Coum: would allow a municipal court judg¡¡ to defer MunicipQl Court Support Removed from Senate ~ings against a juvenile until the 9Q!!\ day after the date on which the teen court Intent 3/15/2001 healing to determine the juvenile's punishment is held. (Companion bill is H.B. 458.) S.B. 679 !Harris} - ~ T~ would allow school districts to cap the texable Budget lit Rusesrch left Pending Senate Finance value of certain pro~ as an economic development incentive; alld would provide that 3/15/2001 unlike tax abatement the cap on taxable value would net hillder the school district's eligibility lor state funding. (Companion bill is H.B. 1200.) S.B. ~ !Wentworth} - Public Information: would amelld theTexas Public Information Finance SUpport Vmed favorably Senate State Affairs erovide that a credit card, debit card, m access dovice number collected assam- maintained by a gøvemmentel body is confidential information. S.B. 695 (Wentwor!tl} - C\~ltation With Attoml)': would provide that a gøvemmen- Administration Support Vmed favorably Senate State Affairs tal b()(ly may use a telePhone conference call a videoœnference or the Intemat to consult with its attorney in open or closed session. (Companion bill is H.B. 1021.) SJ.R. 22 (Barrientos) - P~ Taxes: would amend the Texas Constitution relating Budget II< Rexearch Referred to House House Ways lit Means to prop¡¡rty tax exemptions for disabled veterens in the Iollowing ways: (1) allow any Committee cI1ìld nm PJ$t a minor child of a deceased disabled veteran to continue to receive the 3/19/2001 veteran parent's tax exemption; alld (2) allow each child the full amount of the exemp- tion the veteran parent was entitled to at his or ber death insteali of dividing the exemp- tion amount among all of the surviving children. (Pk1nse see S.B. 658 above.) H.B. 1692 (Chisum} - E~c Der8I!IIlation: would pmvide new S!!feg¡¡an:ls a¡¡¡¡inst Administràtlon Referred to Committee House Stare Affairs electric de~latlon falwre by ¡;m:rvidlng that retail customer choice will not begin in 2/19/2001 compØtltive de'lelopment areas uatil the 1'00 finds that electric rates will not he higher for any customer Cl¡(l$; by ~uiring electric utilities to identifY I\(¡w th~ will mltig¡¡te market pQwer alld to guarantee that rates will nm rise due to the implementation of customer choice; !Jy pmhiblting utilities from unbundling until their «!gions are idemi- fied as qualifying PQwef regions; by limiting tlansfers of ger¡eration assets to rm more than 20 ~nt evei}' 24 months; by requlrillg PUC approval of tràustel1l of generation assets; by requiring that P!'Oeeeds above book value from the sale of assets prior to deregulation be s!\¡¡red 10 ~nt by atllity sharei1olde1s and 90 p¡¡rcent by cuatemel1l; and !Jy ensuring that electric utilities are subject to all applicable PIJC authority. H.B. 1693 (Delisi} - EtIIergen~ Manll\fe!nl!nt: would ~uire a local emergønçy man- Fire Referred 10 Committee House Public Health ;¡gement ~ to address the issue of bioterrorism in its local emergency manage- 2/19/2001 ment plan. (Companion bill is 5.13. 94.) - 9lCbisum\ - _ArtYT_: would: (1) provide a property tax exemption for Budget 8. Research Hearing set for House Ways 8. Meens org;¡niiations engaged primarily in performing charitable funClions; and (2) 3/21/2001 provide that if certified !Jy tbe state comptroller the exemption must be gr¡.Inted by the appraiser. (Note: the current tax exemption for charitable organizations requires exelu- sive eng¡¡gement in cllaritable aClivitles as oppOsed to . primarily' as this bill pro- vides.) Last Action Committee Pag¡¡ 16 State Legislation Affecting NRH (continued) Pending Legislation Position Last Action Committee ItB. 1694 Qlamrlm - Pro~ Taxes: would grant a preP\1ll¥ till: exemption to the Budget 8< Researeb Referred to Committee House State Affairs owner of a motor vehicle that is subject to a lease if the lessee does not use the vehicle 2/19/2001 forpro(!¡¡ctlon of income. (Note: this bill is similar to 5.B. 24S.1 H.B. 1727 (MIII:~ - !.Deal laws: would r!!!juire a pe¡sen who introduces a local or Administration Left Pending House Stato Affairs ~allaw in the state I¢gîslature to deliver notice to the city or county that is the sub· 3/12/2001 ject Of the special law and would r!!!juire proof of delivery Of the notice by affidavit from the person who delivered tile notice. H.B. 1731 IT. King) - Freeoort ExemptiQn: would: (11 allow late filing of an application Economic Development Referred to Committee House Ways & Means for a freeport exemption; (21 estend the time during whicll a property oweer ¢laiming a 2/19/2001 fteéport exemption must respond to a request from the apPf'aiser for additional support- ing oocumentation; and (31 )fUVide that in both cases taxing units would be entitled to a ten perceIIt penalty from tile late--fiHng property owner. H.B. 1736 /'Nolens) - Advanced TelecummunlcatiQgJ¡ Services: would: (11 require a Administration Referred to Committee House State Affairs certificated local excllangt;¡ telecommunications compaoy beginning September 1, 2/19/2001 2002 to )fUVÍde advanced telecommunications sel'lices (tIIose services that enable users to originate and receive hig1!.quality voice data, graphics, and video using any H.B. 1179 (Bailey! - Elections: would allow a person to register to vote and vule on CitySeomtary Referred to Committee House E1ecti!Ins election ¡¡¡y. 2/20/2001 H.B. 1780 t~ - ~sat Districts: would make several chan~to the board of Budget & Research Referred to Committee House Ways & Means directors of an appraisal distriet: (1) provide furthe genaral election instead of appøint- 2/20/2001 mentby taxing units of some members of an appraisal district board; (2) espond the of members on an appraisal district board æcording to county papulation; (31 H.B. 1781 tMowery) - Aooraisal Dlstrids: would make numerous changes to the law Budgt;¡t & Research Referred to Committee House Ways 8< Means relating to appraisal districts in¢luding: (11 abQliSh appraisal district boards of directors 2/20/2001 giving compiete aut/¡(¡rity over the district to the county assessor-cellector; (21 expand the ability of taxing units in more than one county to switch appraisal districts; (3) estat¡. H.B. 181S/Green) - Bond EIectiQ!!J!: would )fUVÍde that when voters defeat a munici- Finance Referred to Committee House County Affairs pal bOnd prpposal the city mill' not conduct another election on a p~1 that is simi· 2/20/2001 lar to or related to tile earlier bOnd proposal until one year has elapsed. (Note; this bill is similar to H.B. 1337.) H.B. 1833 (Giddings) - Health and S~ Ordinances: would: (1) allow a city to DeveloPment Hearing set lor House Urban Affairs receive information from birth and death recordS if the inlormatien is user! only to ide¡¡. 3/21/2001 tify II prop¡¡rty owner to whom the city mU$i giV¢ notice Of II violation of a state statote or city ordinance; (2) provide that a city must exercise . due diligence' to determine the identity of a prpperty owner or lien holder whose prop¡¡rty is in violation of a city bOilding standardS r¡¡g¡¡lation; (31 provide that the city mill' search several different Mles of public records in order to establiSh that due dìlìgence has been met: and (41 allow a city to adopt an administrative adjudication process to assess administrative penalties lor violations of city ordinances that rel!\llate substandard structures. H.B. 1.834 ITitl\!ry\ - Immunlñ': would provide that a person is not liable for dama~ Administration Left Pending House Civil Practices for aoy communicetion the pe¡sen made to a gQ\Ienrmental entity or low enforcement 2/28/2001 ag~ if the communication was ma¡¡¡ in goud faith and was a matter of concern to the governmental entity or law enforcement agt;¡ncy. H.B. 1845 tOllvelra) - sales Taxes: would authorize the Stato Of Texas to participate In Budget 8< Researeb Hearingset fur House Ways 8< Means the Streamlined Sales and Use Tax Agreement a multi-state projeCt studying the simpli· 3/21/2001 fiœtion Of salestax collection. H.B. 1847 tKeffeI' - Prooerty T~ would ¡JefO!it a prqperty owner who wias a tax Budget 8< Research Referrad to Committee House Ways 8< Means . recover interest if the taxing unit does out refund any excess taxê$ ¡¡¡¡id within 2/21/2001 lifter the ¡¡ppraisal roll is corrected; and would ¡JefO!it recovelY of court costs an omey's foes iHhe refund has nut been made within 180 days lifter tile appraisal roll is COl1'ected. Page 17 State Legislation Affecting NRH (continued) Pending Legislation H.B. 1~61 lDanbu!1Ø - I'uÞlic Infonní!I!Qn: would provide that certain audit WOIIIing papers are exempt from lite requirements of lite Public Information Act. (Companion bill is S.B. 796.) H.B. 1869 ~ohlgemtM} - Mí!n~crture(l Hom~: would: (1) provide lItat when a consumer purchases a manufactured home to be placed on a nonpermanent foundation on land owned - or to be owned - by the consumer the home is consídered to be rem property unless the consumer elecl$ to have lite home considered to be personal prop.. erty; and (2) require a person who is purchasing a manufactured home through monthly payments to make payments to the retailer to pay property taxes through an escrow account H.B. 1879 (Chav~ - Property Tax £xejnption: would allow for late application for a property tax exemption for: (a) disabled veterans or (b) sumvors of disabled veterans and members of the armed forces who die on active duty. H.B. 1892 (G. LewIs) - C(lmpetitlve Bldl/lng: would amend Chapter 252 of lite Local Government Code as follows: (1) increase from $15,000 to $25,000 the threshold contract amount at which a city must seek a competitive bid; (2) increase from $15,000 to $25,000 the upper limit of a purchase amount at which a city must seek bids from historically underutillzed businesses; (3) provide lItat a city shall award a bid to lite bidder who provides lite "best value" for the city rather than to the "lowest responsibte bidder " as is current iaw; and (4) in determining lite best value allow the city to con· sider price, reputation, quality, previous dealings with lite city and other relevant factors. . wouid provide that: (1) solid waste tipping fee to local govemments or regional planning that gets a grant must submit a report detailing how the revenue was spent. H.B. 1912 (Callelo) - Vtility F~: would allow a city to add a one-dollar fee to a utility bili and use lite revenue for improvements necessal}' to comply with the Americans with Disabilities Act. H.B. 1916 (Ç¡¡pelo} - PUblic Information: would: (1) create a new exception under lite Texas Public Information Act that would allow a police officer to restrict the release of Information regarding lite officer's home address telephone number social security number and personal family information; and (2) make confidential appraisal district S.B. 729 (Barrientos} . Colleçl!ve Baqlaining: would eliminnte the prohibition on a political subdivision entering into a collective bargaining contract with a lahor organiza- tion but would retain lite provision lItat prohibits a state officlat from entering into a collective bargaining contract. (Companion bilt is H.B. 1345.) S.B. 77B (Shafiro} - Sigll!;: would provide that an off-premise sign lItat qualìfìes as a non-ronforming sign and that is permitted to remain in ptace is not eligible for replace- ment or reconstruction except as provided by Chapter 216 ofllte local Govemment S.B. 196 ª",adlaj ~ Public Irrfonnation: this bill is identical to H.B. IB61 above. H.B. 19111Cª,*o} - Chilli $af~ f~: would: (1) im:rease lite optional county vehicle registration fee for child saf~ from $1.50 to $3.00; (2) require a county to impose lite f_Ueste¡! to do so by one or more cities in the county that have an aggregate n that exceeds two-thirds of the total POPulation of the county; and (3) provide that a county that imposes the fee in this way may rescind it only in the same way (by request of the cities). Finance Development Budget /I: Resaarch Environmental Services Finance Police Human Resources Development: Finance Municipal Court Referred to Committee 2/21/2001 Left Pending 3/12/2001 Hearingsatfor 3/21/2001 Referred to Committee 2/21/2001 Referred to Committee 2/21/2001 Referred to Committee 2/21/2001 Referred to Committee 2/21/2001 Left Pending 3/19/2001 Referred to Committee 2/19/2001 Referred to Committee 2/20/2001 Referred to Committee 2/21/2001 House State Affairs House Financiallnstitutwns House Ways & Means House County Affairs House Envlronment;¡IRe- gu"Wons House EnvinmmentalRegula- tion Hoose Urban Affairs House state Affairs Senate Intergoveromental Relations Senate Intergoverrnn(!ntal Relations Senate State Affairs ation Affecting NRH (continued) Pending Legislation H.B. 1932 IElklns} - Sales T~: would provide a sales tax exemption for machine¡y that operates on alternative fuels. H.B. 1953 ILongqria) - Sales Taxes: would provide a sales tax exemption for the purchase of certain renewable energy equipment and devices. (Companion bill is S.B. 857.) H.B. 1955 (;Zbranelò - Municipal Court Fines: would provide that a municipal court judge who sentences an indigent defendent to jail time to satisfy payment of fines and costs may specify the period of time for satisfying the judgement at not less then eight hours nor more than 24 hours foreve!)' $100 Of fines or costs that the defendant owes. H.B. 1965 (Danburg) - Sales Taxes: would provide that billboald advertising services are taxable services; and would provide that the state portion of such tax is dediooted to the Texas Department ofTrensportation to be used for billboald removal. H.B. 1$68 (TillelJ) - Publiç Fonds Inv~nt: would provide that certain certiflcates of depOSit of out-of-state banks are authorized investments under the Public Funds Investment Act. H.B. 1980 /Farabee) - Public W* Contracts: would amend the provisions that require contractors on publiC woms contracl$ to provide proof of wor1œrs' compensation coverage to require proof of coverage only on a cootract in which the total dollar amount exceeds $9000. H.~. 1992 IMan;llant} - Comoetitlve Bidding' would: (1) allow a city to specify in its notice for bids that the city wifl consider a particular financing alternative when review. .; and (2) provide that a city that does not provide this notice must reject all bids bid prices contingeot on a particular financing alternative. H.B. 1993 (Marchantl - Purchasing: would raise from $15000 to $25000 the thresh- old contract amount at which a city must seek a competitive bid. (Note: this bill is the same as H.8. 197 as it was filed.) H.B. 20~3 IMcCall! - Ppl¡.lic Infonn~on: would amend the Texas Public Information Act to provide that a credit card, debit OOId, or access device number collected, as- sembled or maintained by a governmental body is confidential information. H.B. 2020 mllery¡ - Public Funds tnvestment: would: (1) Provide that certain certifi· cates of deposit nf out-of·state banks are authorized Investments under the Public Funds Investment Act; and (2) eliminate certain requirements that œrtif!ooles of deposit must ba secured or insured poor to their use as investments. (1) lower the rollback tax rate for cities from increase; (2) require a city collecting more than $5 million in property taxes to conduct a tax increase hearing whenever the tax levy would increase as opposed to current law which requires a hearing only iHhe property tax levy will increase by more than three percent; and (3) require a city collecting more than $5 millìon in property taxes to publish different notices relating to the hearing and vote. H.B. 2111 IGallegQl - Court C~: would create a new statutory provision to clarify that money collected from the judicial technology fund may be used only for technologi· 001 support nfthe judiciary and any money paid out of the fund must be approved by the Texas Judicial Council whose membership includes municipal court judges. H.B. 2117 fWalker\ - DevetOllment Moratoti,: would provide that: (1) a city may not impose a developroent rnoratoriom without a 15-day aá\lance notice of hearings two separate public hearings and ~ separate readings (separated by at least a week) by the city council; (2) before imposing a moratorium the city must issue written findings of evidence that the moratorium is needed due to a shortage of esseotial public services . police or fire fighting oopaclty; (3) a moratorium may nnt city extends the moratorium by repeating the notice! written findings proœ$S; (4) a moratorium must allow for a waiver from the m Mum for certain reasons; and (5) the definition of moraterium inciudes "routinely" delaying the issuance of permits. (Companion bill is S.8. 980.) Dept. Budget 8< Research Oppose Budget 8< Research Oppose Municipal Court Budget 8< Research Finance Public Works Finance Finance Support Finance Budget 8< Research Oppose Municipal Court Development Page 19 Committee State Leglsl Pending Legislation H.B. 2140 (Marchant) - Prol!elty Taxes: would allow cities to adjust their rollback tax rates to compensare for unfunded state and federal mandates. H.B. 2141 tMarchallt) - 5igns: would provide that an off-pret1lise sign that qualifies as a non-conloooing sign and that is pannitted to remain in place is not eligible for re- placement or reconstruction except as provided by Chapter 216 of the Local Govem- ment (Companion bill is 5.B. 778.) H.B. 2151 (Danbur¡,Ø - Authori~ of toeal Governments to Aggl'I!t!ate. Purchase and Sell Energy and Natural Gal: would amend Chapter 304 of the Local Government Code to authorize counties, cities, school districts, special districts or any other political subdivision to join with other political subdivisions to 1000 a polítical subdivision corpo. ration and thereatterto obtain certification as a retail electric provider underthe utilities Cnde; to allow the corporation to negntiate the pureh¡¡sa of natural gas for its public facilities; to provide lor education with regard to aggregation, purchase, sale use, management and operation of electricity and natural gas; to allow the ço¡poration to negntiate, contract, purchase and take othor legal action with regard to natural gas; to expand the ways in which the corporation may r_lts aggregation expanses; and to limit the corporation's aggregation of the purchase of electricity for the facilities of pOlitical subdivisions to utilities that have implemented customer choice. (Companion bill is S.B. SStl.) Its. 21611Bossel - Ci~ 5~ts: would: (1) create a joint interim legislatIve coremit- ten to study the availability and adequacy of funding sources for the construction, repair and maintenance of city streets; and (2) require the committen to analyze these issues end prepare a final report to full legislature not later than November 1, 2002. 5 Ehrha - Fire : would rewrite the current law that requires rtments to provide to its personnel protective clothing and se!f-coateined b g apparatus would require departments to provide personal alert safety sys- tems would require each department to adopt an incident management system and a personnel accountability $)'stem and would allow the Texas Commission on Fire Protec- tion to enforce all these standards and requirements. (Note: this bill is similar - but nnt identical - to 5.B. 382.) M.B. 2291 (G. Lewisl - Col)t¡iiner Racycling: would: (a) require that most beverage containers sold in Texas must have a refund valtre of at least five cents; (h) requira that a retailer collect a redemption fee (deposit) of five cents for must containers the retailer sells; and (c) establísh redemption centers which wiJI return the deposit to a person who retums a container. H.B. 2291 (Thompson) - Electronic Paymenta: would allow for payment of a municipal fee or fine by electronic means through the Internet H.}.R. 69 f)uneUl - Texas Constitution: would revise and reorganize the current Texas Constitution to streamline and consolidate most local government provisions under one article. (Nnte: this resolution is similarto H.J.R. 1 filed in 1999.) 5.B. 819 (Aonbristerl - Handguns: would: (1) provide that except as provided by federal law only the legislature (not a city gevemment) may regulare the carrying of a handgun even on city-owoed property; and (2) eliminate current law that makes it an offanse for a person who has a concealed handgun license to carry a handgun onto gGllemment property where handguns are prohibited. 5.B. 833 (Moncffl¡f) - Sales T~: would provide a sales tax exemption for items purchased by certain child-care facilities. S.B. 866 CNelson) - Texas PIÍVIIC)' Açt: would create the Texas Privacy Act to: (1) pro. hibit a governmantal entity from releasing certain personal inforroation to the public under the Public Information Act unless the attorney general authorizes the disclosure; (2) require a governmental entity to establish procedures to ensure that the governmen- tal entity collects personal infoooation only to the extent reasonably necessa¡y to impte- reco retention schedule to ensure that personal infonnation is retained only for the period of time necessa¡y to accomplish the purpose for which the information was collected; (4) require a governmental entity to develop a privacy policy that describes why the gGllemmental entity collects personal infoonation the procedures used to collect the infoonation the manner in which the information may be disclosed n Affecting NRH (continued) Budget 8< Research Development Administration Public Works Administration Municipal Court Administration Police Budget & Researnh Page 20 Fire Support Oppose Committee: State L slation Affecting NRH (continued) Pending Legislation Dept. Last Action Committee S.B. 949 (SIIaptrol - Zoning: would provide tIIat an open enrollment charter school is Development Support subject to municipal zoning regulations. (Companion bill is H.B. 423.) S.B. 980 (Caronal- Building MlIf1!tori!: tIIis bill is the same as H.B. 2117 above. Development S.B. 996 IUndsayl - Authority of local Gpvemmerrts to ~gate Purchase and Sell Energy and Natural Gas: tIIis bill is identical to H.B. 2151 above. H·II· 2145 (Ellis) - Municipal Court Fee: would impose an additional one-dollar fee on Municipal Court Oppose most fines imposed by a municipal court witll tile additional revenue going to Sam Houston State University for a correctional management institute and criminal justice center. H.B. 2318 ISolomanst - l'urcha!iing: would allow a city to reœive sealed bids or Finance Support sealed proposals tllrougb tile Intemet or by other electronic means if the city imple- ments certain security measures regarding electronic transmissions. H.B. 2391 lB. Tu~ - Und\!f!!rnllnd Excavations: would amend the 'one-call" or Public Wol1!s Support "dial·before-you-dig" statute to increase the penalties on excavaton; who violate tile provisions of the statute. H.B. 2411 IRitter! - Building CQØ\!¡: would pJ'Ol'ide tIIat the International Residential Development Support Code shall be used throughout the state but would allow ¡¡ city to adopt local amend- ments to the Code. .7 ('t. Davist - Code Enforcement Officers; would allow the state board of Development prescribe continuing education requirements for code enforoement offiœrs. H.B. 2448 (Dukes)- EmDloyment Tests: wwld require tIIat eny test administered by a Police & Fire fire department or law enforcement agency must be reviewed by the Commission on Human Rights to ensure that tile test doesn·t discriminate on tile basis of race, color, disability, religion, sex, national origin or age unless discrimination is a result of a bona fide occupatlwal qualification. H.B. 2458 (I1IoqIosont - Raciall'roflling: would: (11 require eacIIlaw enforcement Police agency to develop a written polk;y on racial pmfillng; (2) provide tIIat the policy must include the definition of racial profirmg a seçtion prohibiting racial profiling by peace officers a complaint procedure public education corrective action to be teken against a pence officer who engages in racial profillag collection of information relating to the etIInicity of pen;ons stopped or detained or searched and an annual report; (3) requìre a law enton:ement agency to examine tile feasibility of installing video camera and voice- ectivated microphone equipment in eacil agency vehicle; and (41 require olfiœrs to be trained in racial profiling. (Companion bill is S.B. 1074.) H.B. 2486 IClark) - CQmpetitive Bidding: would: (1) expand tile definition of higb Finance technology procurement to include a subscription to an Internet service pJ'Ol'ider a computerized database subscription service or any other Internet-based or computer- based information storage proœssing acquisition or subscription service; (2) provide that purchases made under the terms of an intertocal agreement are exempt from the competitive bidding requirements; (31 allow a dty to post notice of its request for bids on a dty Web site; (4) provide criteria for how to determine when a bidder is the "lowest responsible bidder;' (5) allow a dtyto disqualify a person from bidding on city contrer:Is based on the person's prior contracting history witll tile city; (6) allow a city to conduct its entire competitive bidding process ontine on the city's Web site; and (7 allow citiss to engage in reverse auction procedures with an online bidding or auction selVlce. H.B. 2509 IDanbmg) - Elections: would: (1) require that a run.off election could not be City Secretary held later tIIan 45 dey¡; after the date of tile final election canvass; unless a home rule diy's charter provides otherwise; (2) allow a penron woñdng at an election polling place to execute an affidavit attesting to tile identity of a voter If the voter does not have any .01 of identification to show at the polling place; (3) allow a permanent city who is oot a quatified voter of the city to selVe as early voting clerk or deputy eerIY voting clerk; and (41 require that a ballot with a written-in candidate In any city election may not be counted unless the name appears on the list 01 write-in candidates (Note: current law only requires write-in names to appear on a list at tile general dty election.) Page 21 State Legislation Affecting NRH (continued) Pending Legislation H.II. 25211 (Junel\) - ~pg: would amend the Electronic Procurement M!Ifket. place Act to allow cities to J)UIChase goods and 5eI1IÎces througll an electronic network on the Internet in conjunctioo with the General Services Commlssioo (GSC) and would require the GSC to adopt guidelines speci~ng the cireumstances under which it would be advantageous for a local government to purchase goods or services under a contract made by another local government or a slate agency otherthan the GSC. Dept. Position Last Action Committee Finance Support H,Ø· 2782 OOUaneal) - Tax Abatement: would pemtit a tædng unit to charge an appli· Eronomic Development catloo fee of up to $1000 on requests or applications for tax abatement H.B. 2792 (RII~nd\ - EI~9ns; would allow a city to begin early voting by personal City Secretary appearance for a city election at least 30 days but not more than 17 days before the election. Support H.B. 11'10 WoIens) - PODUIl:ltlOO BI'IICkets: would provide that a law that applies to a city having a certain popull:ltlon according to the census will continue to appty after the most recent census regardless of whether the city continues to have the same popula· tioo prescribed by the statute. allow cities to grant lax abatements 011 Development General Opinioo Jc-œoo which concluded that lessees of Iax-exempt real property may not participate in tax abatement. Unlike I!.II. 1448 which is similar this bill does not require that the leased land Itself be tax-exempt) to recover abated property Development owner falls to create the number of new jobs specified in the agreement. S.II. 10111 (YJln de PtJtte} . ~OII~: would: (1) require that a candidate for electioo City Secretary must file an appllcatloo for a place 00 the ballot at least 45 days before the earliest allowable date for the beginning of early voting by personal appearance: and (2) require a city that has a deadline for filing for election that is Prescribed by another law to adjust its time line to comply with the 45-daytima perind set out above. S.II. 1123 (AnnbristJQ - Taxes: would grant the Texas attorney geoeral the exclusive lIudget & Researel! rigllt to bring a lawsuit to recover delinquent sales and use taxes impœed by a city; and would repeal the Tax Cnde provisions that allow a city actingthrougil its city attorney to bring a lawsuit forcollection of delinquent sales and use taxes. 5.11. 1170 (Madia) - Platting: would provide that a divi$ion of land into parts greater I:!eveIopment than 10 acres is exempt from the platting requirements of Section 212.004(a) of the local Govemment Code. (Note: under corrent law the exemption appties to a division of land into parts greater than five acres.) S.B. 1177 (Gal~ - Municipal Court Costs: wOllId allow a city to implement an Municipal CoIIIt electronic system to collect fines, fees and court costs througll the Internet; and would allow a city to impose a pmœssIng fee to cover the cost of providing thi$ electronic Internet system. S.B. 1182 IWentwortll} - Public inform~: would amend the Texas Public Infonna· tion Act to provide that the Texas Rules of Civil Procedure the Texas Rules of Evidence .n Texas Disciplinary Rules of Professional Conduct are not considered to be laws make certain categories of information confidential under the Public Infonn¡¡.. ti . and would codify the Texas Supreme Court decision in the city of Georgetown v AIlSUn AmerfCiln Sfilte!¡man case relating to providing an attomey-cllent/wmk product privilege for Infonnatlon relating to completed reports audits evaluations or Investiga. tions. (Please seepage 2 of the February 23 2001 TMllelf/s/atlru Update.) Page 22 State Legislation Affecting NRH (continued) Pending Legislation Dept. Position Last Action Committee 5.B. 1184 Nan de Puttel - Sales taxes: would authorize the State of Texas to partici- Budget & Resean:h pate in the Streamlined Sales and Use Tax ~ent a multi-state project studying the simplification of sales tax collection. (Companion bill is H.B. 1845.) 5.B. 1204 IShaDlrol - CitY Streets: would: (1) create a joint interim legislative commit- Public Works tee to study the availability and adequacy of funding sources for the construction repair and maintenance of city streets; and (2) require the committee to analyze these issues and prepare a final report to fulllegisJature not later than November 1, 2002. (Note: this bill is similar - but not identical - to H.B. 2161.) 5.B. 1208 !WestI - Munlcioal Court Costs: this bill is the same as H.B. 2733 above. Municipal Court H.B. 2842 IColemanl - Tax Inaement Anancin!!: would permit a local government Finance corporation that is administering a tax inaement financing zone to contract with the city for funding and would permit a city to reduce its funding of a tax inaement financing zone to reflect the retirement of bonds and other debt. H.B. 2951 !Walkeri - Pennlts: would amend Section 245 of the Local Government Development Code (the so-called . permit vesting statute·) to provide that: (1) a . project· includes a subdivision of land for development and all land within a plat final plat preliminary plan site plan and planned unit development and all uses permitted by the applicable land use regulations; and (2) a change in the use of land within a preliminary plat final plat preliminary plan site plan or planned unit development is not a new project If the new use is permitted by right or under special conditions or approval under the land use regulations. (Note: the effect of this bill would be to provide landowners with even more vested rights in permits even when the IandownefS change the use of the land.) -1: . would eliminate the 9O-day deadline that other Development taxing units face when deciding whether to join in city-initiated tax abatement; and would ciarify that such additional tax abatements are subject to the same requirements as city tax abatements. H.B. 3078 IClarkl - Joint Uabllltv: would provide that a city is not vicariously liable because the city participates in a joint enterprise. H.B. 3143 IAnnbrtsttm - Sales Taxes: would: (1) clarify that cities that enter into Budget & Research strategic partnerships with certain water districts under Chapter 43 of the Local Govern- ment Code may collect sales and use taxes within the limited purpose annexation areas pursuant to that chapter; (2) provide that the municipal sales tax laws under the Tax Code apply to such sales taxes within limited purposes annexation areas; (3) make various changes affecting the election to abolish a crime control and prevention district; (4) provide that cities may not abate sales taxes within neighborhood empowennent zones but may grant sales tax refunds; (5) provide for the abolition of a county develop- ment district's sales tax If it has not been collected for twelve months; (6) clarify the comptroller's refund procedures for sales taxes collected within municipal tax abate- ment zones; (7) provide that the installation of tangible peISOnal property is Included in Its taxable sales price; (8) provide that the sale of a taxable item In electronic rather than physical form does not alter its sales tax status; (9) provide a sales tax exemption for padcaging and wrapping supplies used by laundries and dry cieanefS; (10) pennit tax_pt religious educational and public service organizations to hold additional tax-free sales and auctions; (11) provide a sales tax exemption for dietary supplements; (12) provide a sales tax exemption for gas and electricity used in the production of movies video or audio recordings; (13) provide a sales tax exemption for gas and elec- tricity used in timber operations Including irrigation; (14) provide a sales tax exemption for photographic props; (15) provide a sales tax exemption for the sale of motion picture video and audio master tapes; and (16) authorize a city that holds its own sales tax permit to retain the municipal share of its sales taxes without having to remit it to the comptroller. and audio master tapes; and (16) authorize a city that holds its own sales tax permit to retain the municipal share of its sales taxes without having to remit it to the comptroller. .6 IMIlIeñ - Sales Taxes: would: (1) extend the aJrrent sales tax holiday by two Budget & Research add additional Items to the holiday exemption including backpacks sewing items car safety nets for children athletic shoes and clothing jewelry luggage watches and certain school supplies; and (3) wouid allow the city to repeal the sales tax holiday but only in Its entirety. Page 23 ~ State Legislation Affecting NRH (continued) Pending Legislation llimt Position Last Action Committee H.B. 3182 (Danburtl - Elections: would: (1) delete the May uniform election date and Ci1y Secretary replace it with the fourth Saturday in Malål; (2) require a city that uses the May date to change its general election date by December 31, 2001; and (3) prohibit a rental charge for use of a public building to conduct an election if the election is held on a day the building is not usually open for business but would allow a . reasonable· charge for reimbursement of the actual expenses resulting from the use of the building. H.B. 3201 /Brimer! - Prooerty Taxes: would Include certain child care facilities In the Budget & Resealål list of charitable organizations eligible to receive property tax exemptions under Section 11.18 of the Tax Code. H.B. 3204 Uonesl - Internet: would allow a city to provide or contract with a vendor to Finance provide access to Infonnation through the Internet; and would allow a city to collect or contract with a vendor to collect taxes fines fees and court costs through the Internet. H.B. 3263 /WIlllamsl - Court Fee: would inaease from 25 cents to 50 cents the fee Municipal Court Support that must be collected by municipal courts to fund the Center for the Study and Preven- tion of JUYeI1ile Crime and Delinquency at Prairie View A&M University. (Companion bills areS.B. 1421and S.B. 1473 below.) H.B. 3272 (Ollveiral - Sales Taxes: would extend the current sales tax holiday on Budget & Resealål Oppose clothing and footwear by one week. H.B. 3273 (Ollvelral - Sales Taxes: would include certain writing instruments in the Budget & Resealål Oppose sales tax holiday but would not provide for a local option on those items. .74 (Ollvelral - Sales Taxes: would include certain paper produás In the sales Budget & Resealål Oppose ay but would not provide for a local option on those items. H.B. 3275 (Ollvelral - Sales Taxes: would include calculators rulers and other similar Budget & Resealål Oppose school supplies in the sales tax holiday but would not provide for a local option on those items. H.B. 3276 (Oll'lerl - Sales Taxes: would include certain reference books costing less Budget & Resealål Oppose than $25 in the sales tax holiday but would not provide for a local option on those items. H.B. 3277 (Ollvelral - Sales Taxes: would include certain arts and craft items In the Budget & Resealål Oppose sales tax holiday but would not provide for a local option on those items. H.B. 3278 (Ollvelral - Sales Taxes: would Include certain backpacks in the sales tax Budget & Resealål Oppose holiday but would not provide for a local option on those items. H.B. 3279 (Ollveiral - Sales Taxes: would include sewing supplies in the sales tax Budget & Resealål Oppose holiday but would not provide for a local option on those items. H.B. 3280 (Ollveiral - Sales Taxes: would include certain child safety seats and other Budget & Resealål Oppose child safety products in the sales tax holiday but would not provide for a local option on those itemS. 5 B 1275 IAnnbrlsterl - Child Safety Fee: would: (1) increase the optional county Municipal Court Support vehicle registration fee for child safety from $1.50 to $3.00; (2) require a county to Impose the fee if requested to do so by one or more cities in the county that ha¥e an aggregate population that exœeds two-thirds of the total population of the county; and (3) provide that a county that Imposes the fee In this way may rescind it only in the same way (by request of the cities). (Companion bill is H.B. 1911.) S.B. 1398 IFrasørI - Zønlrw: would prohibit a city from chanØ/1g a previously enacted Development zoning classification unless the owner of the property waives the right to object to the change or the city compensates the property owner for any diminution in value that .m the change as detennlned by an agreement with the property owner or a ation action under Chapter 21 of the Texas Property Code. S.B. 1405 (Madlal - Peace OfIIcer Salaries: would provide that a peace officer whose Police annual salary is less than $30,000 shall get from the state a salary supplement In an amount that raises the salary to $30,000; and would prohibit a city from reducing salaries or pay scales in order to use the state supplements. Page 24 e Present: e Absent: MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - MARCH 05, 2001 - 6:00 P.M. Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer Joe D. Tolbert Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Paulette Hartman Rex McEntire Greg Dickens Chris Swartz Vickie Loftice Mike Curtis Terry Kinzie Larry Koonce Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary Adm. Asst. to City Manager Attorney Public Works Director Aquatic Manager Assistant Director - Parks & Recreation Assistant Director - Public Works Information Services Director Finance Director Oscar Trevino Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:03 p.m. DISCUSS ITEMS Agenda Item No.9 - GN 2001-026 - Councilwoman FROM REGULAR Johnson asked staff to explain the change in MARCH 05, 2001 Ordinance No. 2545. Mr. Cunningham advised CITY COUNCIL Council the original arts fund ordinance before them AGENDA tonight specifically addressed permanent art. Upon further thought he believed Council should have the option to include performing arts in the Arts Fund Ordinance. Staff has prepared two ordinances for e Council's consideration. One version includes performing arts while the other does not include performing arts. Councilwoman Johnson has a concern with the maintenance cost for the performing arts. Pre-Council Minutes March 05, 2001 Page 2 e ITEM DISCUSSION ASSIGNMENT Councilwoman Johnson is under the impression that Council looked at the money for this ordinance as "seed money" for possible grants. She would like to be sure that the money is not used for anything other than "seed money". Mr. Cunningham called Council's attention to Section 4 - Funding on page 3. The ordinance reads funding may be allocated for non-reoccurring, professional musical entertainment of all genres, theatre productions and dance that are unique to the area and of high quality. Councilman Phifer asked staff if there is a way to NAN limit what art is viewed in the city. Mr. Cunningham advised Council he believes the city has an option of the art selection. e Agenda Item No. 10 - GN 2001-027 - Councilman NAN Mitchell asked staff to explain item. Mayor Scoma advised Council this item is next on the Pre-Council aaenda for discussion. AGENDA ITEM NO. Mr. Vick outlined Grapevine's request. The City of 10 - GN 2001-027 Grapevine is seeking North Richland Hill's support opposing the airports desire to create a property tax revenue sharing with the cities of Grapevine and Coppell. The City of Grapevine's belief is concerned that the airport leasehold land will be valued by Tarrant Appraisal District at 10% of other similar land, equating to a 90% tax abatement on land, and the lack of zoning will have various negative land use and valuation impacts in the area. The airport's position is they do not sell property but only lease it. Therefore, they are at a natural competitive disadvantage when competing for land users with other areas in the metroplex. The airport says the land is taxed as a leasehold interest as it would be anywhere else under leasehold terms, and that all other taxes, personal property and sales tax, are the same as any other location. e Mr. Cunningham advised Council that Councilman Trevino asked that this item be placed on the agenda. It is staff's idea to have no position. Mavor Scoma suaaest Council table item. NAN Pre-Council Minutes March 05, 2001 Page 3 - ITEM DISCUSSION ASSIGNMENT IR 2001-033 Mr. Chris Swartz outlined the 2000 season report DISCUSS NRH20 and 2001 recommendations for NRH20 2000 SEASON · water park attendance increased 8.80% from REPORT AND 2001 1999 to 2000 RECOMMENDA- · group sales - increased revenue of 25% over the TIONS 1999 season · revenue operations - food and beverage generated sales of $351,184; gift shop generated sales of $169,201 · financial performance - fiscal 99-00 approximately $3.1 million Staff's 2001 recommendations · price adjustment for season passes · adjusting child height requirement from 54" to Jim Browne the industry standard 48" Consensus was to put on next council agenda for ~. action. Mayor Scoma advised Council due to the time restriction that he was going to recess the Pre- Council meeting, and continue the meeting after the regular City Council meeting. Mayor Scoma recessed the Pre-Council meetinq at 6:51 p.m. Mayor Scoma reconvened the Pre-Council meeting at 7:27 pm in the Council Chambers. The same Council members present. IR 2001-030 Mr. Vick summarized aggregation as the process of DISCUSS political subdivisions coming together and forming a POLITICAL political subdivision corporation for purchasing SUBDIVISION electricity. The aggregator will organize load profile AGGREGATION data and analyze load profile for operational savings. An electric aggregation will: - combine accounts into purchasing pools for greatest savings - organize load data and present to the market to minimize risk to suppliers - - develop contract structures to minimize cost and risk, and allow for accurate proposal comparison - anaylze proposals to identify best value - review proposal to protect members from hidden costs - prepare budqet based on projected loads & Pre-Council Minutes March 05, 2001 Page 5 e IR 2001-031 Mr. Vick briefed Council on bills moving through NAN DISCUSS STATE legislation. LEGISLATIVE UPDATE - 77TH REGULAR SESSION ADJOURNMENT Mayor Scoma adjourned the meeting at 7:57 p.m. Charles Scoma - Mayor ATTEST: e Patricia Hutson - City Secretary e ... ", \ e e e MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MARCH 05,2001 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order March 05, 2001 at 7:02 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer Joe D. Tolbert Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney Absent: Oscar Trevino Councilman 2. INVOCATION Mr. Thomas Ketchersid of North Richland Middle School gave the invocation. 3. PLEDGE OF ALLEGIANCE Tanner McFather a student of North Richland Middle school led the pledge. 4. SPECIAL PRESENTATIONS Mayor Scoma recognized Cong Trinh of Richland High School for receiving the Youth of the Year award. Mr. Trinh was awarded the Youth of the Year Award at Star Telegram's 2001 Stars Awards Ceremony. "\ e e e City Council Minutes March 05, 2001 Page 2 Mayor Scoma also recognized Sean Hughes, President of Northeast Richland Lions Club and various members of the Lions Club. The Northeast Richland Lions Club received the Civic Club of the Year at the Star Telegram's 2001 Stars Awards Ceremony. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING FEBRUARY 26,2001 B. MINUTES OF THE COUNCIL MEETING FEBRUARY 26, 2001 C. APPROVE FINAL PAY ESTIMATE NO. 61N THE AMOUNT OF $20,139.71 TO RICHARD CARR CONSTRUCTION., FOR RUFE SNOW DRIVE, SECTION "C", PAVING AND DRAINAGE IMPROVEMENTS Councilman Phifer moved, seconded by Councilman Mitchell to approve the consent agenda. Motion to approve carried 6-0. 7. GN 2001-025 - APPROVAL OF NEW YOUTH ADVISORY COMMITTEE MEMBER AND REMOVAL OF COMMITTEE MEMBERS FOR NON-ATTENDANCE APPROVED Ms. Patricia Hutson City Secretary read the recommendation of removal of Ms. Kerry McGraw, Nolan High School and Ms. Elizabeth Roll, Nolan High School. The Youth Advisory Committee recommended Ms. Rhysa Palitti of Haltom High School to fulfill one of the vacant terms left by the removal of Ms. McGraw and Ms. Roll. Councilman Mitchell moved to approve the Youth Advisory Committee's recommendations for removal of committee members, and appointment of a new committee member to fill one of the vacated positions. · e City Council Minutes March 05, 2001 Page 3 Motion to approve carried 6-0. 8. GN 2001-024 - APPROVE NRH20 COMPUTER SYSTEM REPLACEMENT - RESOLUTION NO. 2001-021 APPROVED Mr. Terry Kinzie reviewed GN 2001-024. Funding was approved in the FY 2000-2001 budget to replace the point-of-sale computer system at the NRH20 family water park. Information Services, with assistance from NRH20 developed a request for proposal (RFP). The RFP was sent to 22 prospective vendors. Five vendors were invited to attend a mandatory pre-proposal meeting. After the proposal closing date, four formal proposals were received. Of the four, one was considered incomplete. The remaining three were invited to perform an "on-site" demonstration. Staff is recommending EDSI for the NRH20 Computer replacement and is seeking council approval. Mr. Kinzie advised council Ms. Jennifer Renth with EDSI was available to answer questions. e Mr. Chris Swartz discussed the functionality and highlights of the system. Councilwoman Johnson moved to approve GN 2001-024, Resolution No. 2001-021. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. 9. GN 2001-026 - APPROVE ARTS FUND ORDINANCE - ORDINANCE NO. 2545 APPROVED Mayor Scoma advised council the item before them is to consider approval of the arts fund ordinance, which establishes the framework by which the funding and applications of the funding will be applied in the area of fine arts. Councilwoman Johnson moved to approve Ordinance 2545 the revised version which includes the performing arts. Councilman Metts seconded the motion. Motion to approve carried 6-0. 10. GN 2001-027 - CONSIDERATION TO ADOPT RESOLUTION REGARDING DFW AREA LAND DEVELOPMENT REGULATIONS - RESOLUTION NO. 2001-022 It TABLED e e e City Council Minutes March 05, 2001 Page 4 Councilman Phifer moved to table GN 2001-027, Resolution No. 2001-022. Councilman Metts seconded the motion. Motion to table carried 6-0. 11. A. CITIZENS PRESENTATION None. Mayor Scoma advised council and citizens that the Pre-Council meeting would be reconvened in the Council Chambers following the adjournment of the Council meeting. B. ANNOUNCEMENTS AND INFORMATION - The City of North Richland Hills is accepting applications for Volunteer of the Year Award. The deadline for applications is March 9. For more information call Paulette Hartman at 817-427-6015. - The North Richland Hills Planning and Zoning Commission is hosting a Town Hall meeting. The topic will be the draft of the comprehensive land use plan. The meeting will be held in the City Council Chambers at City Hall, 7301 NE Loop 820, at 7:00pm on March 27. March 8 - Citizen Police Academy, Police Administration, 7:00 pm March 13 - Masterworks series underway at NRH Library, 7:00 pm March 17 - Critter Connection will be open 10:00 am - 4:00 pm Mayor Scoma updated council and residents on the Rufe Snow project. Staff has meet with the Texas Department of Transportation, Southwestern Bell, TXU Transmission, and TXU Gas & Electric. The planned July 2001 letting date is still on schedule. 12. ADJOURNMENT Mayor Scoma adjourned the meeting at 7:26 pm. e e e City Council Minutes March 05, 2001 Page 5 Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary *Note - The council continued the recessed Pre-Council meeting in the Council Chambers. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/26/01 Subject: Approve Land Trade of old North Hills Pump Station Property with Robert D. Sweet and Sheila K. Stephens- Resolution No. 2001-024 GN 2001-028 Agenda Number: The City awarded the Big Fossil Creek Erosion Control Project, Phase 2 on January 8, 2001. The start of the project was planned for the first of April because of the expected delay in getting the Corps of Engineers approval of our plans and needing to acquire one easement. The attached copy of a Warranty Deed (Attachment "A") executed by Mr. Sweet and Ms. Stephens describes the only permanent right-of-way the City needs on this project. The owners wanted to deed the property (0.55 acres) to the City instead of giving an easement. Also, the property owners own the property on three sides of the old North Hills Pump Station site (0.17 acres). They requested the City trade them the 0.17 acre site for the 0.55 acres of property on Big Fossil Creek. The old North Hills Pump Station site had a booster pump house and ground storage tank on the property. Both have been removed since the City has established the Stanley- Keller Road In-Line Booster Pump Station near Beach Street and pumps water down US Highway 377 to this area. The two wells near this site, which supplied water to the ground storage tank, have been plugged and the top three feet of casing removed. Staff no longer sees a need for this site and is in favor of trading it for the property on Big Fossil Creek. Recommendation: To approve Resolution No. 2001-024. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~ Account Number Sufficient Funds Ävallable Finance Director ~j . RESOLUTION NO. 2001-024 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 Special Warranty Deed (Attachment "B") which describes the two tracts where the old North Hills Pump Station was located, as an act and deed of the City. PASSED AND APPROVED this the 26th day of March, 2001. . Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: . .._~ I .. '!'J~Ga~~~ O4ICSCT - HI\. ~~ I ~., .. '"'9ß<::/:'..).. ~ / -.- - : \. ~ ,I, ~ ~ D J) f!1 2 1 ~ It '~L.7. ~ ....:. I ~~ \ . I~ JJ ~ . . . -. 8 ,I \; ~ ' JJ ~ JQ 'J2 , 11150\ IIU.1 N: I 3Q: .J" ~ ,,~ I, J4 . '" ~;::;~~.JII _if - ~ i ,j~/~~~ '\. '~~~~JII ;. D I 1="" '" ~ I'.. - .. ~ H 13 t2 II 10 .. aa \\ . J'I ' 111 !III \, ~, , . --".~ I~ / 1.242N: ,"\ I, JII" . . ~ _1"' \, .~\ 11 31 31 40 1--__ ------~ ~~\. 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C~- \ \ " TOURIST DR :, :"~"~"" CYNTIIU cm · S . I 7 I , I ,. t 1- .~-;- 7 _ '-:J7 . 32 1 _ r---r--- ~3I~ 5 JJ JI ~.. 34 .. !i! 40 ¡;¡ 3 <II "/20 "1" CULAR DR 211 27~ l 21 '" \. ~'" - 3Q I;; 13 ___ U ,,- 31 I- II 32 n 10 . 3 . ., 2 - 1 42 I 18 . - - - 27 4 A 2 II 21 13 IS 7 11 I 1 S 4 11 3 12 ,3 2 ,. JJ 1 15 ,. 15 1. '4 ~ 13 12 27 II 21 10 21 S2 t- S4 ~ S3 1; .. . 30 " ~ . . 10 17 II .. I -- ----, I I 2 111' 38.773 Þt; I 31 7 . t--- S -- t; · : I : 37 5 7 3 CIS .. I ~ 110 ~ !i! · t; 5 II! 10 · I 1II.1D 7A · 7a D1'IDELL CT S - 2A ,. N W*E .:~. - - - - . BIRDVIlI - ... - - 'MIRTH RICHLAND HILLS CI . ,. - - HAL Tat..' 111.1£ I wa. ..mpl.... ...,., fOf' the u.. of IWSAL DISTRICT who __ no ...,_aty .n! or _ _ ....n the UN In!""'" . . . WARRANTY DEED CO"" THE STATE OF TEXAS, § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we, Robert D. Sweet and Sheila K. Stephens of the County of Tarrant, State of Texas, for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration to the undersigned paid by Grantee herein named, the receipt hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY, unto the City of North Richland Hills, Texas, a municipal corporation, of the County of Tarrant, State of Texas, a tract of land in the M. Lynch Survey, Abstract No. 953, more fully described on Exhibits "A" and "B" which are attached hereto, made a part hereof and incorporated herein the same as if set out verbatim. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever and said Grantors do hereby bind their heirs executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said Grantee its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS my hand at North Richland Hills, Texas, this 13th day of March, 2001. @£l~/' d::~ sK~~ Acknowledgment STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 13th day March, 2001, by Robert D. Sweet and Sheila K. Stephens. "~rÆ.H;~~ GREGORY W. DICKENS rr ....-¡ Nowy Public:, Srate ofTcus , ~ :..i My Commission Expires 'ttrj~~ September 11. 2003 Mailing Address of Grantee: City of North Richland Hills, Texas City Secretary P. O. Box 820609 North Richland Hills, Texas 76182-0609 Attachment "A" EXHIBIT "A" . Marshall Lancaster & Associates, Inc. Consulting Land Surveyors Commercial, retail and industrial construction surveying. land title surveys. topography. subdivision platting 1864 North Norwood Drive, Suite E, Hurst, TX 76054 Metro (817) 268-8000 fax (817) 282-2231 ameil marsheIUancaster@msn.com LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND BEING SITUATED IN THE M. LYNCH SURVEY, ABSTRACT NO. 953, CITY OF NORTH RICH LAND HILLS, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT SAME TRACT OF LAND DESCRIBED IN DEED TO ROBERT D. SWEET AND SHEILA K. STEPHENS, RECORDED IN VOLUME 13191, PAGE 203, DEED RECORDS, TARRANT COUNTY, TEXAS, MORE PARTICUlARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ~ INCH REBAR FOUND AT THE NORTHEASTERLY CORNER OF SAID SWEET AND STEPHENS TRACT; THENCE ALONG THE EASTERLY LINE OF SAID SWEET AND STEPHENS TRACT, SOUTH 00 DEGREES 48 MINUTES 15 SECONDS WEST A DISTANCE OF 69.83 FEET TO A ~ INCH REBAR FOUND AT THE SOUTHEASTERLY CORNER OF SAID SWEET AND STEPHENS TRACT; THENCE ALONG THE SOUTHERLY LINE OF SAID SWEET AND STEPHENS TRACT THE FOLLOWING 3 COURSES: 1. NORTH 86 DEGREES 44 MINUTES 45 SECONDS WEST A DISTANCE OF 79.00 FEET TO A ~ INCH REBAR WITH ALUMINUM CAP STAMPED ·MLA RPLS 4873" SET; 2. SOUTH 00 DEGREES 48 MINUTES 15 SECONDS WEST A DISTANCE OF 41.77 FEET TO A ~ INCH REBAR WITH ALUMINUM CAP STAMPED ·MLA RPLS 4873· SET; . 3. NORTH 87 DEGREES 25 MINUTES 05 SECONDS WEST A DISTANCE OF 106.30 FEET TO A ~ INCH REBAR WITH ALUMINUM CAP STAMPED ·MLA RPLS 4873" SET; THENCE NORTH 05 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 21.07 FEET TO A ~ INCH REBAR WITH ALUMINUM CAP STAMPED ·MLA RPLS 4873" SET; THENCE NORTH 03 DEGREES 43 MINUTES 07 SECONDS EAST A DISTANCE OF 129.24 FEET TO A ~ INCH REBAR WITH ALUMINUM CAP STAMPED ·MLA RPLS 4873" SET; THENCE NORTH 25 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 55.41 FEET TO A ~ INCH REBAR WITH ALUMINUM CAP STAMPED ·MLA RPLS 4873· SET ON THE NORTHERLY LINE OF SAID SWEET AND STEPHENS TRACT; THENCE ALONG THE NORTHERLY LINE OF SAID SWEET AND STEPHENS TRACT THE FOLLOWING 2 COURSES: 1. SOUTH 43 DEGREES 07 MINUTES 45 SECONDS EAST A DISTANCE OF 37.96 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 232.01 FEET; 2. ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 DEGREES 17 MINUTES 33 SECONDS AN ARC LENGTH OF 151.01 FEET, BEING SUBTENDED BY A CHORD OF SOUTH 61 DEGREES 46 MINUTES 32 SECONDS EAST A DISTANCE OF 148.36 FEET TO THE POINT OF BEGINNING CONTAINING 23,820 SQUARE FEET OR 0.547 ACRES, MORE OR LESS. 01~ MARSHALL ER, RPLS 4873 D"l...oe..o I DATE SEE PAGE 1 OF 2 FOR SURVEY PLAT . coP~ ._ ._··___.0____. __ ..- . .. EXHIBIT "B" . 23,820 SQUARE FEET, 0.547 ACRES M. LYNCH SURVEY. ABSTRACT NO. 953 CITY OF NORTH RICHlAND HILlS, TARRANT COUNTY, TEXAS o,,'i --"""" ".. "- // " "Fe 1/2· REBAR I \ " , \ " \ J "\ LOCATION MAP OF / '" PROPERlY AND / "'" PARE/'lT TRACT "", BOUNDARY ,/ " ----"" o~ O~ ~ . ~ '" _.......................~ '. .... ,¡.~ ...... ..... .:f<,¢:~'<,~ .......... J'" :'. <i/'(j ~'<::- ....... " A Q'.t;.,,,>'Q~.ß' .0 (,,'(-" *:~'<, :'.>.~ ~ ~'ð S)..J",:S5 '),04:- å 4' '.:fJ~\t-t,) q~ z . SET 1/2· REBAR (ALUIoIINUII eN> STAIIPED "ilIA RPl.S 48731 r--- . O~ + '),~~ \ \ -G.>. ,,'<,~ <&-~'" ""'¿- , ~'r., ~~ \ ~~'<,t~ \ ~;¡:~'<,,,>tJ. \ -J!,¡t/ A(J \ "O.Æ~ ~ "j'q'(-' ~O~ q'¡'; \ A~'<,,,>tJ. ~ .Q~~f''<, \ \ ~ \ \ , . @ REVISIONS Job No: 990153-fee-porcel Drown By. t.tLL PACE 1 OF 2 Dote: February 08, 2001 Checked By. t.tLL MARSHALL LANCASTER & ASSOCIATES, INC, CONSULTING LAND SURVEYORS 1864 NORlH NORWOOO DRIVE. SUITE E HURST, TEXAS 76054 817 268-8000 FAX: 817 282-2231 SCAlE: 1'-40' NOTES: 1. BEARINGS SHOWN ON lHlS EXHIBIT ARE BASED ON lHE TEXAS COORDINATE SYSTEIA. NORTH CENTRAl ZONE (NAD83 DArulA) AND DERIVED FROIA CITY OF NORTH RICHlAND HIllS CONTROL NETWORK 1A0NUIAE/'lT 'GPS 000 I'. 2. l1TlE ENCUIABRANCE RESEARCH WAS BASED ON INFORIAAl1ON CONTAINED IN AN OWNERSHIP AND EASEMENT SEARCH PREPARED BY AMERICAN 11Tl£ COMPANY. GF. NO. 97 CY 4:¡3817-l, DA lED APRIL 26. 1996. REFERENCE IS MADE TO SAID SEARCH AND RECORD DOCUMENTS US lED mEREIN FOR rull PARl1CUlARS. MARSHAll LANCASTER <Ie ASSOOA lES. INC. MAKES NO REPRESENTAl1QN AS TO mE ACCURACY OR CDI.IPLElENESS OF SAID RESEARCH. 3. SEE ATTACHED PAGE 2 OF 2 FOR LEGAl DESCRIPTION. L-151.01' R-232.01' S 61·46'32"E 1 "ð.36' POINT OF BEGINNING L7 10' SEWER EASEIAE/'lT VOLUME 3486 PAGE 49 DRTCT -- I I I 20' EASEIAENT ~ VOLUME 3486 I PAGE 51 DRrCT ;., GO oi CD ~ 10 ~ 13 II) Fe 1/2· REBAR N 86'44'<45iY 79.00' "y , ~.:Y ~ O~<:.~<::- O~~Q ~.", A >T,;".R A >T.,"~v I v~r.,-l:' vQ'(-. v~v-l:' O)O~ ~.i<:.~. ~~'" ~.... N·' ~"".,f),{ O)q. I ~o~ ~~'" ~o q"G q ___ I ----.I. --- ¢ ~4Po. ~ ,~41"& C§ ,!ý tFQ~ _~ ~':~"'9' <v~<i",:S5'),"j ~f'''' .' ..~.._-,,_._,.-. SPECIAL WARRANTY DEED . THE STATE OF TEXAS, § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That the City of North Richland Hills, Texas, a Municipal Corporation, for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration paid in cash, receipt acknowledged has Granted, Sold and Conveyed, and by these presents does Grant, Sell and Convey, unto Robert D. Sweet and Shelia K. Stephens of the County of Tarrant, State of Texas, the following described real property in Tarrant County, Texas, to wit: TRACT 1: BEING a tract of land in the City of North Richland Hills, said tract also being out of the Mahala Lynch Survey, Abstract No. 953, in Tarrant County, Texas, and being a part of that certain tract of land conveyed to L. B. Mayfield, Trustee, by deed recorded in Volume 2866, Page 441, Deed Records, Tarrant County, Texas, and being more particularly described as follows: . BEGINNING at the Southwest corner of a tract of land owned by the City of North Richland Hills, said corner being in the South line of said Mayfield Tract, said corner also being North 87 degrees, 12 minutes West; 506.6 feet from an iron pipe, said pipe being the most Easterly Southeast corner of said Mayfield Tract; THENCE North 02 degrees, 48 minutes East, with the West line of said City tract, 70.0 feet, to the Northwest corner of said City tract; THENCE South 87 degrees, 12 minutes East, with the North line of said City tract, 50.0 feet, to the Northeast corner of said City tract; THENCE North 02 degrees, 48 minutes East 50.0 feet, to a point; THENCE North 87 degrees, 12 minutes West 61.65 feet, to a point; THENCE South 02 degrees, 48 minutes West 120.0 feet, to an iron rod, said rod being in the North line of the Diamond Oaks South Addition to the City of North Richland Hills, said rod also being in the Easterly R.O.W. line of Wendell Drive, said rod also being in the South line of said Mayfield Tract; THENCE South 87 degrees, 12 minutes East, with the South line of said Mayfield Tract, 11.65 feet to the PLACE OF BEGINNING and containing 0.0894 acres, more or less. SAVE AND EXCEPT any part or portion thereof in the use or occupancy of any public road or highway. TRACT 2: BEING a tract of land out of the Mahala Lynch Survey, Abstract No. 953, in Tarrant County, Texas, and being a part of a certain tract of land conveyed to L. B. Mayfield, Trustee, by deed recorded in Volume 2866, Page 441, D.R.T.C.T., and being more particularly described as follows: BEGINNING in the South line of said Mayfield Tract, 456.6 feet North 87 degrees 12 minutes West from the East Southeast corner of said Tract; thence North 2 degrees 48 minutes East 70.0 feet; thence North 87 degrees 12 minutes West 50.0 feet; thence South 2 degrees 48 minutes West 70.0 feet to a point in the South line of said Mayfield Tract; thence South 87 degrees 12 minutes East 50.0 feet with the South line of said Mayfield Tract to the PLACE OF BEGINNING. . Page 1 of 2 Attachment "B" . . . TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Robert D. Sweet and Shelia K. Stephens, their heirs and assigns forever and the said Corporation does hereby bind itself, its successors and assigns, to Warrant and Forever Defend, all and singular the said premises unto the said Grantees, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, by, through or under said Corporation but not otherwise. IN WITNESS WHEREOF, the said Municipal Corporation has caused these presents to be signed by its duly authorized officer of the Corporation, at North Richland Hills, Texas, this day of March, 2001. CITY OF NORTH RICHLAND HILLS, TEXAS By: Charles Scoma, Mayor Attest: Patricia Hutson, City Secretary Corporate Acknowledgment STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day March, 2001, by Charles Scoma, Mayor of the City of North Richland Hills, Texas, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas Mailing Address of Grantees: Robert D. Sweet and Shelia K. Stephens 4016 Bewely Street North Richland Hills, Texas 76180 Page 2 of 2 "" ,.,". f*"- . ,,'"'<. . .., , CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 3-26-01 Subject: Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 2001-028 Agenda Number: GN 2001-029 In a February 12th Information Report to Council, staff provided Council with the calendar of events leading up to the sale on April 23, 2001 of General Obligation bonds in the amount of $980,000 and Certificates of Obligation in the amount of $3,255,000. As part of the legal requirements for the planned issuance of Certificates of Obligation, the City Council must authorize the City Secretary to publish by April 1, 2001 a notice in a newspaper of general circulation of the intent of the City to issue Certificates of Obligation in the amount of $3,255,000. The notice must be published once a week for two consecutive weeks. The first publication date shall be at least (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates of Obligation. The notice of intention is attached and labeled Exhibit A. Recommendation: Pass Resolution No. 2001-028 authorizing the City Secretary to publish the intent to issue Certificates of Obligation. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ ~ Depart~~d Signature Page 1 of _ . . . RESOLUTION NO. 2001-028 A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage and utility line relocations and the purchase of land and right-of-way, and (ii) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 P.M. on the 23rd day of April, 2001, which certificates of obligation shall be issued in a principal amount not to exceed $3,255,000, for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage and utility line relocations and the purchase of land and right-of-way, and (ii) professional services rendered in relation to such projects and the financing thereof, and shall be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's combined Waterworks and Sewer System (the "System") remaining after payment of operating and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined in said ordinance). The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. 2001-028.DOC · · · SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this March 26, 2001. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City APPROVED AS TO CONTENT: ./ 2001-02B.DOC 2 ...____ _~_··_···____·~r_ . . -. EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:00 o'clock P.M. on the 23rd day of April, 2001, at the City Hall, 7301 N.E. Loop 820, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $3,255,000 for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage and utility line relocations and the purchase of land and right-of-way, and (ii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's combined Waterworks and Sewer System (the "System") remaining after payment of operating and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined in said ordinance). The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Patricia Hutson City Secretary City of North Richland Hills, Texas 45012670 ._____._____.___.__4.______ ______ _ _ ~ Department: CITY OF NORTH RICHLAND HILLS Leqal Council Meeting Date: 03/26/2001 Subject: Waiver of Service in Federal Lawsuit; Resolution 2001-023 Agenda Number:GN 2001-030 The case of Della Venne, et al vs. the City North Richland Hills is a civil rights case which you have reviewed on a couple of occasions. Suit has now been filed and we have been given notice with a request for waiver of service. What we are being asked to waive is the Federal Marshall coming out and handing us the Complaint and Summons. Rule 4 of the Federal Rules favors this procedure and unless we have a good reason to refuse, the costs will be assessed against us if we fail to waive. The rule makes sense because it avoids needless court costs. We have no valid legal reason to refuse waiving service. Recommendation: To pass Resolution 2001-023 authorizing the waiver. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Finance Director Depa Budget Director Page 1 of_ . . tI RESOLUTION NO. 2001-023 WHEREAS, the City has been given written notice of cause No. 401-CV-0204-Y being filed in the U. S. District Court which is styled Della Venne, et al v. City of North Richland Hills, et al; and WHEREAS, WAIVER OF SERVICE OF PROCESS has been requested of the City and other defendants; and WHEREAS, waiver is favored by Rule 4 of the Federal Rules of Civil Procedure in order to save unnecessary costs of service of summons and complaint; and WHEREAS, all of the City's rights are fully protected and there is no good cause which can be shown for not executing said waiver. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Attorney is authorized to execute a waiver of service of summons on behalf of the City in Cause No. 401-CV-0202-Y in the U. S. District Court for the Northern District of Texas, Fort Worth Division. PASSED AND APPROVED this 26th day of March, 2001. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: ReX~i~ CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 3/26/2001 Subject: Award Bid for 2001 Flooring Replacement Project to Par Agenda Number: PU 2001-019 Flooring in the Amount of $68,520 In the 2000/2001 approved budget, Council appropriated funds for flooring replacement at various City facilities. Formal bids were solicited and the results are outlined below: Par Flooring LP $68,520 $74,482 $76,556 $90,748 Marshal Utley Carpet DuPont flooring Systems Hughes Building Service This project will include removal and replacement of the original flooring, which is approximately 14 years old at Municipal Court, Parks and Recreation, Service Center and Fire Administration. Par Flooring has satisfactorily completed previous projects for the City. They met all the specifications and general conditions of the bid and can complete the project within three weeks. Recommendation: To award the bid for flooring replacement to Parr Flooring LP in the amount of $68,520. Finance Review Source of Funds: Bonds (GO/Rev.) :;t;:t~ De artment Head Si nature Budget Director Page 1 of 1 __._ ..__,_..~__..__.__,__..__m.~-- .~ CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 3/26/2001 Subject: Award Bid for 2001 Interior Renovation Project to Ed Agenda Number: PU 2001-020 Parker, Inc. in the Amount of $119,965 - Resolution No. 2001-025 In the 2000/2001 approved budget, Council appropriated funds for interior renovation at Fire Administration, Fire Station #2, Service Center and the Police Department. Formal bids were solicited and the results are outlined below. Ed Parker, Inc. I mperial Construction Artistic Painting Owen Commercial Construction Aces, Inc. Team Design MK Construction Davis & Hawkins $119,965 $156,488 $168,905 $173,224 $175,743 $199,500 $216,414 $220,987 The project will include painting, replacing ceiling tiles, counter and cabinet surfaces and refinishing doors. Ed Parker, Inc. met all the specifications and general conditions of the bid and can complete the project within 13 weeks. The references checked supplied positive remarks in regard to their performance and quality of work. Recommendation: To award the bid for the 2001 Interior Renovation project to Ed Parker, Inc. in the amount of $119,965 and approve Resolution No. 2001- 025 authorizing the City Manager to execute the contract. Finance Review (;J Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~o/L De artment Head i nature Finance Director Page 1 of . . . . RESOLUTION NO. 2001-025 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract for the 2001 Interior Renovation Project with Ed Parker, Inc., as the act and deed of the City. PASSED AND APPROVED this 26th day of March, 2001. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGAL APPROVED AS TO CONTENT: , Director of Finance CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 3/26/2001 Subject: Award Bid for Trash Pumps to Crescent Machinery in the Amount of $28,800 Agenda Number: PU 2001-021 In the 2000/2001 approved budget, Council appropriated funds for two trash pumps. Formal bids were solicited and the results are outlined below. United Rentals $28,800 $30,069 $31 ,554 Crescent Machinery DXP Enterprises The current equipment is ten years old and due to the aging condition need to be replaced. The pumps will be used by the PW/Utility division to extract water, trash and debris from holes in order to complete water line repairs. Crescent Machinery met all the specifications and general conditions of the bid and can deliver the equipment within 28 days from date of order. Recommendation: To award the bid for two trash pumps to Crescent Machinery in the amount of $28,800. Finance Review ~~afÇ De artment Hea SI nature Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of 1 .., ~ CITY OF NORTH RICHLAND HILLS Department: Finance / Police Department Council Meeting Date: 3/26/2001 Subject: Award Bid for Annual Contract to Supply Police Department Agenda Number: PU 2001-022 Uniforms to Direct Action Uniforms - Resolution No. 2001-026 In the 2000/2001 approved budget, Council appropriated funds for the purchase of uniforms for the Police Department. Formal bids were solicited for an annual contract to supply uniforms and the results are outlined below. Direct Action Uniforms $44,379 Elite Uniforms $51,268 Skaggs Public Safety $54,790 Uniforms, Inc. $74,659 Ladd Uniform $ 1,798 (caps only) Bids were solicited for estimated quantities of trousers, long/short sleeve shirts and caps. Uniforms are ordered as needed for new officers or when replacement is required and the specifications require delivery of uniform orders within 10 days from date of order. The successful bidder will be responsible for obtaining the correct measurements of each officer in order to provide proper uniform fit. Direct Action Uniform met all the specifications and general conditions of the bid and they are offering the brand of uniform currently worn by the officers. Recommendation: To award the annual contract to supply Police Department uniforms to Direct Action Uniforms and approve Resolution No. 2001- 026 authorizing the City Manager to execute the contract. Finance Review ~ Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Page 1 of 1 . . . .J RESOLUTION NO. 2001-026 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract for the annual contract to supply Police Department uniforms with Direct Action Uniforms, as the act and deed of the City. PASSED AND APPROVED this 26th day of March, 2001. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGAL! APPROVED AS TO CONTENT: f CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 3/26/2001 Subject: Authorize Participation in the Tarrant County Cooperative Agenda Number: PU 2001-023 Purchasing Program for the 2001 Street Wedge Milling Project As part of the approved 2000/2001 City Street Overlay Program (GN-2000-122), Council appropriated funds for street wedge milling. Attached is a list of streets that will be included in this project. Council approved participation in the Tarrant County Cooperative Purchasing Program at the February 24,1997 meeting (PU 97-18). They have a contract with Dustrol, Inc. for this type of work. The cost for this project through the County contract will be $20,320. This will include $1.35 per square yard for the wedge milling and a one-time mobilization charge of $2,500. Dustrol has done satisfactory work for the City in the past and always completed projects for the bid amount and within the number of completion day's bid. All State competitive bidding requirements will be met by participating in the Tarrant County Cooperative Purchasing Program for this project. Recommendation: To authorize the street wedge milling project with Dustrol, Inc. in the amount of $20,320 through the Tarrant County Cooperative Purchasing Program. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other «bJ Budget Director Page 1 of 2 . . . " CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT STREETS/DRAINAGE 2001 WEDGE MILL PROJECT STREET TOTAL SY Meadow Park North 2,793 Meadow Oak Drive / Meadow Park Boulevard Spring River Lane 1,714 Lariat Trail/Riviera Drive Gentling Place 1,214 Janetta Drive/Maplewood Avenue Meadow View Terrace 1,954 Starnes Road/Green Leaf Drive Daley Avenue 654 Glenview Drive/Grapevine Highway Chartwell Street 214 Diamond Loch E/Dawn Drive Hanging Cliff Place 2,290 Windhaven RoadlWindhaven Road Newman Drive 1,987 Emerald Hills Way/Ulster Drive Gentling Place Court 380 Gentling Place/Cui De Sac TOTAL SQUARE YARDS 13,200 CITY OF NORTH RICHLAND HILLS " Department: Finance / Public Works Council Meeting Date: 3/26/2001 Subject: Authorize Contract Extension for Traffic Materials with Agenda Number: PU 2001-024 Roadrunner Traffic Supply and Vulcan Signs - Resolution No. 2001- 027 In the 2000/2001 approved budget, Council appropriated funds for the purchase of various traffic materials. Formal bids were solicited last year for an annual contract to supply these items. At the March 27, 2000 meeting, Council awarded the contract to Roadrunner Traffic Supply for sign blanks, faces, street markers and various other items and awarded the contract to Vulcan Signs for the reflective sheeting (PU 2000-19). Attached is a list of the items awarded to each company with the contract prices. These materials are ordered and delivered on an as needed basis. Roadrunner Traffic Supply and Vulcan Signs are offering to extend their contracts at the 2000 bid prices. Each company has provided excellent service this past year and made deliveries within the time requested. The specifications and agreement allow for the contract to be extended for 2 one-year periods if it is advantageous to the City. Recommendation: To extend the annual contract for miscellaneous traffic materials, per the attached list, to Roadrunner Traffic Supply in the amount of $37,956.70; award the annual contract for reflective sheeting to Vulcan Signs in the amount of $48,323.91 and pass Resolution No. 2001-027 authorizing the City Manager to execute the contracts. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other &J Budget Director Page 1 of · · · RESOLUTION NO. 2000-027 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract extension for miscellaneous traffic materials to Roadrunner Traffic Supply in the amount of $37,956.70 and the contract extension for reflective sheeting to Vulcan Materials in the amount of $48,323.91 , as the act and deed of the City. PASSED AND APPROVED this 26th day of March, 2001. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Larry Koo e, Director of Finance Traffic Supply Contract Roadrunner Vulcan escription Size Qty Supply Signs Aluminum Sign Blanks Pentagon 30x30 15 ...~'i.'::nt:if\ No Bid <!"' .- Diamond 30x30 100 ,00. No Bid i.¡nQ·········· Octagon - Anodized 30x30 200 i,n No Bid .i... 'i":":: 36x36 200 ... r No Bid ...... i········· ............ Rectangle - Anodized 48x24 25 ·/376.S0. No Bid 48x18 20 No Bid 42x24 10 tå110 No Bid 36x36 10 No Bid 36x30 10 141.30 No Bid 36x12 10 No Bid 30x30 20 d~¡:;An I No Bid ... I 29x30 10 ·.·....M...:. No Bid 24x48 40 No Bid 24x36 20 ')')t:nn No Bid 24x30 20 /~~.~u No Bid 24x24 20 No Bid 18x48 40 · ~l~;'AtI I No Bid 18x18 20 No Bid 18x12 50 No Bid 6x12 100 No Bid Round 36 10 No Bid ..831.00 i Rectangle - Flat 9x30 150 I No Bid 9x36 150 il'\n"'7n No Bid 9x42 150 '~~~'I ,0 No Bid 9x48 150 ...O.. In I No Bid 9x54 150 '~a!:; ~tI No Bid ., Sheeting 3M Scotch lite 18x100 yds 5 rolls 678.00 !:;A17 ... TPM5 ECF 24x100 yds 5 rolls 802.00 713.C Clear Transfer Tape 36"x100 yds 5 rolls 1,207.00 <+ - > '/i ..... 3M Reflective - White 36x50 yds 5 rolls 9,471.00 ..... ...~. Hi Intensity i ..... 3M Scotch lite Electro 36"x50 yds 1:1:':.11 Cut Film Blue 1 roll 783.20 Green 4 rolls 3,132.80 .......<2. Red 3 rolls 2,349.00 ,)~':I'" ..,....... . Description Size Qty Roadrunner . 3M Scotch lite, Engineer Grade Green 12" 30 rolls 4,770.00 lack 36" 12 rolls 4,125.96 ed 36" 10 rolls 4,470.00 ) 31)( Yellow 36" 6 rolls 2,682.00 , <} Blue 36" 10 rolls 4,470.00 Orange 36" 3 rolls 1,341.00 -« White 36" 30 rolls 13,410.00 ....... Sign Faces , Stop Faces 30x30 150 1 ^^'" '"'^ 1,06 2.00 ........'~? ..~.... 160. ..... No Parking 18x24 50 50 17 0.00 Crime Watch 18x24 50 18 6.50 Miscellaneous Suprlock, square 1 3/4" 200 A?.1'm No Bid .~ ... Suprcross 400 1 '-AA nn No Bid Round Suprlock 200 .....^^^ No Bid ... ......... Tool 2 1.50 No Bid Barricade Sheeting - engineer grade, orange/white reflective .-......... " left stripe 8x50 yds 12 rolls 1,38 0.00 ..... 6" right stripe 8x50 yds 12 rolls ~~?nn 1,38 0.00 . c' I I 2 way Amber Square 4" 500 ·...11...111 No Bid '.. 1 way clear, square 4" 500 -.-. No Bid Yellow, round 4" 2000 . .. .. No Bid White, round 4" 2000 "- No Bid '-11111111 / Hot Tape 8x30 ft. 75 rolls d '-nn nn No Bid T Hot Tape - white .--- Right curve arrow 8ft 10 pkgs. , No Bid ....... Left curve arrow 12 ft 10 pkgs. a nnnn No Bid , , i... .... < i Left combo arrow 12 ft 10 pkgs. ... :.. )'" No Bid ............. Right combo arrrow 12 ft 10 pkgs. <,ë.. No Bid ...... ... > -ing legends, white 8ft 2 pkgs. } No Bid } ..... ......... ......... ) School legends 8ft 2 pkgs. i<.·.·.....·...... FOO No Bid .. ...... Recommended Contract Award $37,956.70 $48,32 3.91 , 1J 4 CITY OF NORTH RICHLAND HILLS REVISED _ eepartment: Planning & Inspections Department Subject: Public Hearing to consider Amending Article 11 of the Agenda Number: PZ 2001-03 City of North Richland Hills Zoning Ordinance, Section 1100, Definitions for Convenience Store and Service Station. Council Meeting Date: 3/26/01 Ordinance No. 2546 Background The Planning & Zoning Commission and City Council have had general discussions regarding several requests for Convenience Stores and the fact that many requests included a high number of fuel service pumps. In the current definitions in the zoning ordinance for convenience store and service station both uses allow for fuel service pumps without clarity. Generally, the primary use in a Convenience Store is food sales with fueling being a secondary use, while the primary use in Service Stations is related to fuel and petroleum products or services. Following a work session held by the Planning & Zoning Commission it was decided that up to 8 fuel service pumps was considered a secondary use with more than 8 pumps should be considered a primary use and thus more restrictive particularly when adjacent to residential neighborhoods. Staff is recommending the attached ordinance to help clarify what is considered as a convenience store and service station. This recommendation only involves minor definition changes to both land uses. The primary change basically restricts convenience stores to a _aximum of 8 fuel service pumps and service stations to any number of fuel service pumps . greater than 8. Convenience Store will be considered a retail use with the primary land use as retail and allow up to eight (8) fuel service pumps as a typical secondary use. The current table of permitted uses allows Convenience Stores in LR, C1 and C2. In LR and C1 a special use permit is required when it is within 200 feet from residential zoning. Convenience Store Local Retail CS C1 CS C2 P Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Finance Director \..j Department Head Signature ~tt~~ . it anager Sig at e PZ 2001-03 Convenience Store/Service Station Ord. No. 2546 Page 1 of 2 ~. ' CITY OF NORTH RICHLAND HILLS e Service Stations will be considered an automobile related use with food sales as a secondary use. The current table of permitted uses allows Service Stations in C1 and C2. A special use permit is required in the C1 zoning district. Service Station C1 S C2 P This proposed Ordinance #2546 has been advertised in the newspaper for public hearings before the Planning & Zoning Commission for March 22 and before the City Council for March 26. This basic change in definitions for Convenience Store and Service Station will effectively require all zoninQ applications with more than 8 fuel service pumps to be considered a Service Station and have to submit under a special use permit with full notification and approval before City Council. Convenience Stores with 8 or less service pumps will be reQuired to submit under a special use permit if they are less than 200 feet from residential property. RECOMMENDATION: e The Planninq & Zoninq Commission met on Thursday. March 22, 2001 and voted 4-0 to recommend approval of PZ 2001-03 and Ordinance 2546 with stipulations in the definitions to clarify fuel service pump units. Chanqes to Convenience Store definition included "maximum fuel service pump units to serve no more than eight (8) automobiles simultaneously". Chanqes to Service Station definition included "All establishments capable of servicinq fuel to nine (9) or more vehicles simultaneously". If the Council determines that this ordinance revision is acceptable, the following motion is recommended: Approval of PZ 2001-03 and Ordinance #2546. e CITY COUNCIL ACTION ITEM PZ 2001-03 Convenience Store/Service Station Ord. No. 2546 Page 2 of 2 4IIÞ 4. PZ 2001-03 PUBLIC HEARING TO CONSIDER AMENDING ARTICLE 11 OF THE CITY OF NORTH RICHLAND HILLS ZONING ORDINANCE, SECTION 1100 DEFINITIONS FOR CONVENIENCE STORE AND SERVICE STATION. ORDINANCE #2546. APPROVED John Pitstick opened with a proposal to change the definitions of a convenience store verses a service station. Considering the "primary use" of each helps to define the definition. "A convenience store - a retail store, not a grocery store, where a limited amount of prepackaged food items are primarily sold as a quick service facility. The self service sale of automobile fuel with a maximum of eight (8) fuel service pumps is a typical secondary and accessory use of a convenience store". 4IIÞ A service station is an establishment for the retail sales of petroleum products and automotive accessories that may include minor automotive service and repair only as incidental activity to such retail sales, but not including the overhaul of major automobile components, body work, or repair of heavy trucks. All establishments with more than eight (8) fuel service pumps shall be considered a service station. The Commission members agreed that there should be a total of eight (8) pumps but they requested clarification of the definition/language. Chairman Don Bowen called for comments from the public either for or against the proposal. There were no comments from the public. Therefore Chairman Bowen closed the public hearing. Mr. Ron Lueck made a motion to approve the PZ 2001-03 with the stipulation that the ordinance should read as follows. The definition of a retail store, not a grocery store, where a limited amount of pre-packaged food items are primarily sold and the maximum number of fuel service units to serve no more than eight automobiles simultaneously. All establishments capable of fuel servicing nine or more vehicles simultaneously shall be considered a service station. Mr. James Laubacher seconded. The motion carried (4-0) 4IIÞ e e e ORDINANCE NO. 2546 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING REGULATIONS OF THE CITY OF NORTH RICH LAND HILLS, TO AMEND ARTICLE 11, SECTION 1100. DEFINITIONS TO THE ZONING ORDINANCE FOR THE CITY OF NORTH RICHLAND HILLS; CONVENIENCE STORE AND SERVICE STATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has determined the need to amend Article 11, Section 1100 Definitions to the Zoning Ordinance for the City of North Richland Hills; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: 1. THAT, ARTICLE 11 DEFINITIONS, Section 1100, and all references to be hereby amended as follows: Section 1100. DEFINITIONS... c . . . "CONVENIENCE STORE - a retail store, not a grocery store, where a limited amount of prepackaged food items are primarily sold as a quick service facility. The self service sale of automobile fuel with maximum fuel service pump units to serve no more than eight (8) automobiles simultaneously is a typical secondary and accessory use of a convenience store." s . . . "SERVICE STATION - An establishment for the retail sales of petroleum products and automotive accessories which may include minor automotive service and repair only as an incidental activity to such retail sales, but not including the overhaul of major automobile components, body work, or repair of heavy trucks. All establishments capable of servicing fuel to nine (9) or more vehicles simultaneously shall be considered a service station." Ordinance No. 2546 Page 1 of 2 e 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its e passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 26 DAY OF MARCH 2001. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head APPROVED AS TO FORM AND LEGALITY: e Attorney for the City Ordinance No. 2546 Page 2 012 - , CITY OF NORTH RICHLAND HILLS REVISED . _epartment: Planning & Inspections Department Subject: Public Hearing to consider Amending Article 11 of the Agenda Number: PZ 2001-03 City of North Richland Hills Zoning Ordinance, Section 1100, Definitions for Convenience Store and Service Station. Council Meeting Date: 3/26/01 Ordinance No. 2546 Background The Planning & Zoning Commission and City Council have had general discussions regarding several requests for Convenience Stores and the fact that many requests included a high number of fuel service pumps. In the current definitions in the zoning ordinance for convenience store and service station both uses allow for fuel service pumps without clarity. Generally, the primary use in a Convenience Store is food sales with fueling being a secondary use, while the primary use in Service Stations is related to fuel and petroleum products or services. Following a work session held by the Planning & Zoning Commission it was decided that up to 8 fuel service pumps was considered a secondary use with more than 8 pumps should be considered a primary use and thus more restrictive particularly when adjacent to residential neighborhoods. Staff is recommending the attached ordinance to help clarify what is considered as a convenience store and service station. This recommendation only involves minor definition changes to both land uses. The primary change basically restricts convenience stores to a _aximum of 8 fuel service pumps and service stations to any number of fuel service pumps . greater than 8. Convenience Store will be considered a retail use with the primary land use as retail and allow up to eight (8) fuel service pumps as a typical secondary use. The current table of permitted uses allows Convenience Stores in LR, C1 and C2. In LR and C1 a special use permit is required when it is within 200 feet from residential zoning. Convenience Store Local Retail CS C1 CS C2 P Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds Available Finance Director ~~ _ Department Head Signature ~ú~~ . i anager Sig at e PZ 2001-03 Convenience Store/Service Station Ord. No. 2546 Page 1 of 2 -' CITY OF NORTH RICHLAND HILLS e Service Stations will be considered an automobile related use with food sales as a secondary use. The current table of permitted uses allows Service Stations in C1 and C2. A special use permit is required in the C1 zoning district. Service Station C1 S C2 P This proposed Ordinance #2546 has been advertised in the newspaper for public hearings before the Planning & Zoning Commission for March 22 and before the City Council for March 26. This basic change in definitions for Convenience Store and Service Station will effectively require all zonina applications with more than 8 fuel service pumps to be considered a Service Station and have to submit under a special use permit with full notification and approval before City Council. Convenience Stores with 8 or less service pumps will be required to submit under a special use permit if they are less than 200 feet from residential property. RECOMMENDATION: The Planninq & Zoninq Commission met on Thursday, March 22, 2001 and voted 4-0 to recommend approval of PZ 2001-03 and Ordinance 2546 with stipulations in the definitions e to clarifv fuel service pump units. Chanqes to Convenience Store definition included "maximum fuel service pump units to serve no more than eiqht (8) automobiles simultaneously". Chanqes to Service Station definition included "All establishments capable of servicinq fuel to nine (9) or more vehicles simultaneously". If the Council determines that this ordinance revision is acceptable, the following motion is recommended: Approval of PZ 2001-03 and Ordinance #2546. e CITY COUNCIL ACTION ITEM PZ 2001-03 Convenience Store/Service Station Ord. No. 2546 Page 2 of 2 e 4. PZ 2001-03 PUBLIC HEARING TO CONSIDER AMENDING ARTICLE 11 OF THE CITY OF NORTH RICHLAND HILLS ZONING ORDINANCE, SECTION 1100 DEFINITIONS FOR CONVENIENCE STORE AND SERVICE STATION. ORDINANCE #2546. APPROVED John Pitstick opened with a proposal to change the definitions of a convenience store verses a service station. Considering the "primary use" of each helps to define the definition. "A convenience store - a retail store, not a grocery store, where a limited amount of prepackaged food items are primarily sold as a quick service facility. The self service sale of automobile fuel with a maximum of eight (8) fuel service pumps is a typical secondary and accessory use of a convenience store". e A servicè station is an establishment for the retail sales of petroleum products and automotive accessories that may include minor automotive service and repair only as incidental activity to such retail sales, but not including the overhaul of major automobile components, body work, or repair of heavy trucks. All establishments with more than eight (8) fuel service pumps shall be considered a service station. The Commission members agreed that there should be a total of eight (8) pumps but they requested clarification of the definition/language. Chairman Don Bowen called for comments from the public either for or against the proposal. There were no comments from the public. Therefore Chairman Bowen closed the public hearing. Mr. Ron Lueck made a motion to approve the PZ 2001-03 with the stipulation that the ordinance should read as follows. The definition of a retail store, not a grocery store, where a limited amount of pre-packaged food items are primarily sold and the maximum number of fuel service units to serve no more than eight automobiles simultaneously. All establishments capable of fuel servicing nine or more vehicles simultaneously shall be considered a service station. Mr. James Laubacher seconded. The motion carried (4-0) e e e ORDINANCE NO. 2546 AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS AMENDING THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, TO AMEND ARTICLE 11, SECTION 1100. DEFINITIONS TO THE ZONING ORDINANCE FOR THE CITY OF NORTH RICH LAND HILLS; CONVENIENCE STORE AND SERVICE STATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has determined the need to amend Article 11, Section 1100 Definitions to the Zoning Ordinance for the City of North Richland Hills; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. e THAT, ARTICLE 11 DEFINITIONS, Section 1100, and all references to be hereby amended as follows: Section 1100. DEFINITIONS... c . . . "CONVENIENCE STORE - a retail store, not a grocery store, where a limited amount of prepackaged food items are primarily sold as a quick service facility. The self service sale of automobile fuel with maximum fuel service pump units to serve no more than eight (8) automobiles simultaneously is a typical secondary and accessory use of a convenience store." s . . . "SERVICE STATION - An establishment for the retail sales of petroleum products and automotive accessories which may include minor automotive service and repair only as an incidental activity to such retail sales, but not including the overhaul of major automobile components, body work, or repair of heavy trucks. All establishments capable of servicing fuel to nine (9) or more vehicles simultaneously shall be considered a service station." Ordinance No. 2546 Page 1 of 2 e 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. SAVINGS CLAUSE. That the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its e passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 26 DAY OF MARCH 2001. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head APPROVED AS TO FORM AND LEGALITY: e Attorney for the City Ordinance No. 2546 Page 2 012 , CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 03/26/01 Subject: Public Hearing to Consider the Request of Dunaway Agenda Number: PZ 2000-38 Associates for a Zoning Change on 37 acres from C1 Commercial to PD Planned Development for a Wal-Mart retail/grocery, indoor automotive servicing, fuel sales, outdoor display and storage with future commercial pad sites. The property is located on North Tarrant Parkway between Davis Boulevard and Precinct Line Road. Ordinance No. 2548 CASE SUMMARY Dunaway Associates has submitted an application for a planned development in a C-1 Commercial zoning district on 37 acres on the north side of North Tarrant Parkway between Davis Boulevard and Precinct Line Road. In March 2000, a 10-acre portion of this property was rezoned from Agricultural and Institutional zoning to C-1 Commercial making the entire North Tarrant Parkway, Davis & Precinct Line triangle a Commercial zoned district. The entire 37-acre site includes 7 lots with a single lot for the Super Wal- Mart site. The Wal-Mart site is 25.255 acres and includes a detailed site plan, landscape plan and building elevations. If this request is approved, the remaining 6 lots will require further public hearings for site plan approval. The Wal-Mart site plan includes a 206,913 square foot retail centerwith a garden center, automotive service center, fueling station and designated outdoor storage areas. Wal-Mart is requesting 24 hours a day/365 day a year operation. The building will face south along North Tarrant Parkway. Dunaway Associates and Wal-Mart officials have had several meetings with surrounding neighborhood homeowners. Significant changes in access and aesthetics to the site plan have been incorporated in the final plan as a result of citizen input. TRAFFIC & ACCESS - A primary concern over the commercial development of this tract has been traffic and access. A detailed Traffic Impact Analysis has been undertaken by Wal-Mart representatives and presented to the City. The proposed traffic plan for Wal- Mart includes two major entryways off of North Tarrant Parkway with a single median opening at the western entry for Wal-Mart. North Tarrant Parkway is also under design by the city's consultant Kimley Horn for a 6 lane median divided arterial. Wal-Mart will be responsible for building or escrowing funds for the northern 3 lanes of North Tarrant Parkway. Staff is coordinating efforts between Kimley Horn and Dunaway Associates for timing and construction of North Tarrant Parkway. Shady Grove Road is proposed to be Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Department Head Signature Finance Director JQ~ Wal Mart PO - Ordinance #2548 Page 1 of 3 CITY OF NORTH RICHLAND HILLS abandoned through the Wal-Mart site. A note on the site plan indicates that the Shady Grove Road intersection will either be fully signalized with TXDOT approval or have a severely hooded right in and right out which will prevent traffic from Shady Grove Road through the Wal-Mart site. There is a proposed secondary curb cut between Lots 6 and 7 with a right-in and right-out. The site plan indicates that if a signal is not built at Shady Grove Road, this entrance will move to the north side of Lot 7 and have full access. Wal- Mart is also requesting a major public entrance off of Precinct Line Road and a service entrance for trucks on the north side of the site. PARKING - Wal-Mart is providing a total of 1,047 parking spaces primarily in the front of the store along North Tarrant Parkway. City regulations would normally only require 1 parking space for every 250 square feet or 828 spaces. SIGNAGE -In addition to wall mounted signs, Wal-Mart is requesting three monument signs 8 feet high by 20 foot wide at major entryways on Davis Boulevard, North Tarrant Parkway and Precinct Line Road. An additional fueling station monument sign is requested at the fueling station on North Tarrant Parkway. LANDSCAPING - The proposed site plan clearly exceeds required landscape standards. Approximately 28,000 square feet of existing tree preservation is included on the site. Most of the tree preservation areas are along the frontage of North Tarrant Parkway and in tree islands in the front parking lot. Signature trees include Live Oaks, Cedar Elms, Bur Oaks and Red Oaks. The parking lot is broken up into landscape islands and a Live Oak screen is provided on the West Side of the building where the garden center and tire and lube center are located. Major landscaping is also provided along the north side of the site and at the major entry along Davis Boulevard. A 30-foot landscape buffer is provided along North Tarrant Parkway. While the landscape and sidewalk plan along North Tarrant Parkway exceeds the City's standards there is a note that allows for modification along North Tarrant to conform to the North Tarrant Parkway Streetscape Design currently under design by Kimley Horn. SCREENING - The site plan indicates an 8-foot masonry wall along a portion of Davis Boulevard to screen loading and unloading areas. No other screening is required since commercially zoned areas and arterial roadways surround this property. LIGHTING - There are no immediate residential areas, which would be affected by direct lighting. However, Wal-Mart is providing parking lot lighting consisting of 42-foot high light standards with hooded light shades to direct light within the parking areas. BUILDING ELEVATIONS - The basic building includes a reddish split face brick color with beige and green accents. The front building face is proposed to be 82 per cent masonry with 17 per cent synthetic stucco or (EFIS) for accents at the storefronts. The breakdown of non-masonry materials includes: front - 17.77%, left - 13.20%, right -12.20%, rear- 3.19%. . OUTSIDE DISPLAY & STORAGE - All outside display is proposed to be within fenced-in areas adjacent to the garden center. No additional portion of the parking lot will be allowed for outside display. Outside storage is specifically designated at the rear of the building out of public view. CITY COUNCIL ACTION ITEM Wal Mart PD - Ordinance #2548 Page 2 of 3 CITY OF NORTH RICHLAND HILLS REQUESTED VARIANCES - Variances under this Planned Development site plan include: · Less than 100% masonry · Increase in monument sign structure size · Building articulation · Garden center and outdoor display · Designated Outside Storage areas · Automotive Service Center · Automotive Fueling Station · 40 foot radius for truck entry RECOMMENDATION: The Planning & Zoning Commission met on Thursday, March 8, 2001 and voted 5-0-1 (Mr. Laubacher abstaining from the vote) to recommended approval of PZ 2000-38 with stipulations to 1) make changes to the truck entrance on Precinct Line Road to reflect a 40-foot radius and provide lay down pavement for curbs at the intersection; and 2) provide evidence to TX DOT regarding a traffic signal being warranted on Davis Boulevard at Shady Grove Road. If Council determines that this zoning revision is acceptable, staff would recommend the following motion: Approval of PZ 2000-38 and Ordinance #2548. Attachments: Area Map Traffic Impact Study Summary Planning & Zoning Minutes Public Hearing Notice Ownership Data Ordinance No. 2548 Site Plans Wal Mart PD - Ordinance #2548 Page 3 of 3 -'..¡;..o- ßO L1~ fA . . '..,. -- ~ \~o 1'aXII ~~ \Uò \'ffIIt' . '/aJC . PZ 2000-38 Wal-Mart PD ~'2 I!¡ - ULU. CITY LIMITS . .- . . ~ ~ ~ 'ITH IICHI!AHD: H'US CITY U....TS I ¡ I I : ! I - AG å ä - ì å &lUll CITY U"'ITS ::, :~~ : ~ ,.\~ C-1 I 2'9'06 1 ~ I ~ 1- ~ > I Q UO'NE\ _ < --r ;; WALL a·T-· -/ ~ ! ~tpl 1~-;r- ~~ Q .- 0 < \ , W'I J ,~S--I i Ea"'G-E, ,I :;; "~T-;___ ¡ , >- TRAilS r I I , I in 112 i i 1-2'" 17.1 1IlII:! 17!- GE DR " '. u .. .. .. Q 1IUI: i .. IIlIf: '" z . ... .. . ... .. .. o 's o 1 .. III > Q 4J < :: -- '" ': TIIACT 2 I S :4 ø 1- R~2 -'6'13 :!O J ., , , ?1 . 3);2'1 2:"-~ , , '- i z I '" »- ~.: ~ ~ ;~. ~~á~~~=:~t ..... I.... 1ì£j~ ::? ;0 1>-\,1, II ... blG- WO 0 · CT "'-Œ1 :;¡ ;') ... I TIl. - "U:II: mw 'J ":v- -.. ~ W MURP,", - . ilk !u...... i ~ ,... '"ª i.1 Br - ~ .. !:I .", 4S ¡j 00: ... 12 ~ =17 '" &.¡,¡ '" == ... a -IS CO ~8 z .. ~~ ..U 1IIoCr ,. I1UE1 AG TIllE o .'~ 195 ~ rHWO<!lR ~ 1] ~,~.. "- '--- ',,- " ""-, TIl1!Q TIlIIII AG ""'C:' . no.u c-, 1675 1IIoCr D a 2 .. :-, 198 2 PKWY C-1 1254 _Ja M DON"- . C-1 mu 1254 t) C" - ~. ;~~,.~ '427 I mw& "SA -# -- -.. -...c Jill 'Yo'§) . I .. I I I I I I I . I I I I I I I .- I Traffic Impact Study for Wal-Mart Supercenter at Davis Boulevard and North Tarrant Parkway in North Richland Hills, Texas Prepared for: Wal-Mart Stores, Inc. Prepared by: m Sverdrup A Jacobs Company March 6, 2001 Note: This document is released for the purpose of final review under the authority of Jeremy J. Wyndham, P.E. 85635 on March 6, 2001. It is not to be used for construction or permitting purposes. . . . Executive Summary Wal-Mart Supercenter Davis Boulevard and North Tarrant Parkway Sverdrup Civil, Inc. has been retained by Wal-Mart Stores, Inc. c/o Dunaway Associates, Inc. to prepare a Traffic Impact Study for the proposed Wal-Mart Supercenter in the northeast quadrant of Davis Boulevard and North Tarrant Parkway, North Richland Hills, Texas. Sverdrup performed traffic counts at key intersections in the vicinity of the proposed development, calculated site-generated traffic based on formulas recommended by the Institute of Transportation Engineers, assigned traffic to the roadways and intersections serving the site, analyzed the intersections, and prepared recommendations to mitigate any significant degradation in traffic flow in the area. The results of this work were presented in a Traffic Impact Study, dated March 6, 2001. The methodology used for the preparation of the Traffic Impact Study follows conventional methods and was reviewed and approved by the City of North Richland Hills staff. The table below shows the improvements that are needed to achieve an acceptable Level of Service (LOS "C") at the four study intersections with the development of Albertson's, Tom Thumb and the Wal-Mart Supercenter. Location Improvements North Tarrant Pkwy between Widen North Tarrant Pkwy to a three-lane cross-section Davis Boulevard and Precinct roadway (one through lane in each direction and a center two- Line Road wav left-turn lane) North Tarrant Pkwy at Construct an eastbound left-turn lane on North Tarrant Davis Boulevard Parkwav North Tarrant Parkway at Construct an eastbound right-turn lane on North Tarrant Davis Boulevard Parkway Precinct Line Road at Install Traffic Signal Davis Boulevard Precinct Line Road at Construct an additional southbound left-turn lane on Davis Davis Boulevard Boulevard Shady Grove at Install Traffic Signal Davis Boulevard North Tarrant Pkwy at Construct a westbound right-turn lane on North Tarrant Davis Boulevard Parkwav North Tarrant Pkwy at Construct an eastbound right-turn lane on North Tarrant Precinct Line Road Parkwav The analysis has shown that with the proposed improvements listed above, all of the intersections and site driveways will function at an acceptable Level of Service. 03/20/01 rJ :- - - J - - - III ~ II ~ t ~ ~ - I' t FIGURE 23 RECOMENDED IMPROVEMENTS· ~ ~ ~ C? LIMIT ~Ço..~'ù \. " N N.T.S. --------- --------- CITY ---------- ~ G2 ~ -- ----- Sy\Ço..'ù'(. ~~c:;:::,'~ ~c:;:::,~"y\ "Ç:>.,~~~ = INSTALL TRAFFIC SIGNAL Page 38 tß ~ 3 ...... .-l >- f- ...... U W .-l .-l ...... > (f) >- .-l W .-l .-l ...... .-l ItD IU 'A~~?y\'(. ~ ~ ~ ::¡:: V\<;:''ùc:;:::,~~~,-,- '-Ç:>.,' Ç:>.,<;:'Ç:>., Sv_r I .. . . . 4. CONSIDERATION OF MINUTES OF FEBRUARY 22, 2001 APPROVED Mr. James Laubacher, seconded by Mr. Richard Davis, motioned to approve the minutes of February 22, 2001. The motion carried unanimously (6-0). 5. PZ 2000-38 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DUNAWAY ASSOCIA TES FOR ZONING CHANGE ON 37 ACRES FROM C1 COMMERCIAL ZONING DISTRICT TO PD PLANNED DEVELOPMENT FOR A WAL-MART RET AIUGROCERY, INDOOR AUTOMOTIVE SERVICING, FUEL SALES, OUTDOOR DISPLAY AND STORAGE. THE PROPERTY IS LOCATED ON NORTHEAST TARRANT PARKWAY BETWEEN DAVIS BOULEVARD AND PRECINCT LINE ROAD. APPROVED Mr. Tom Galbraith of Dunaway Associates, 1501 Merrimac Circle, Suite 100, Fort Worth, Texas, was present representing Wal-Mart. Prior to his presentation, Mr. Galbraith introduced the traffic consultant, Mr. Jeremy Windham of Circuit Civil, Inc., the architect Mr. Bill Boyden of BRR Architects, and Mr. Skip Smith of Dunaway Associates who is working on the utility plans for the project. Mr. Galbraith started by explaining the steps taken by Dunaway Associates, as well as Wal-Mart, to present a development that the community, along with the City of North Richland Hills. Beginning March 23, 2000, Dunaway Associates came before the Planning and Zoning Commission to request a rezone of 2.7 acres of land from AG Agricultural to C 1 Commercial to insure a Wal-Mart could be built on this land before the purchase of the property. City Council made the final approval for the request on April 1 0, 2000. From April to July of 2000, Dunaway Associates worked considerably on the Traffic Impact Analysis and Tree Preservation of the property. The property had fire damage and it was necessary to examine the trees and see what could be done and how many could be saved. Dunaway Associates presented information at two meetings with citizens in the community to discuss their plans for the Wal-Mart Store. . . . Mr. Bill Boyden spoke briefly explaining the landscaping that is planned for the site. After meeting with the citizens, Mr. Boyden concluded that the traditional red, blue and gray building was not wanted in the community. With this in mind, they have constructed plans to build a 204,000 square foot masonry building with soft gray EFIS entrances. The garden center will be inside with an ornamental aluminum coated fence along exterior portions. They have added a star on each column matching that of the star in the center of Wal-Mart as a symbol for Texas. It was pointed out that in the 50 states, there is not another Wal-Mart like this one. It is a scheme that is a North Richland Hills original. Elizabeth Moura of the Steeple Ridge subdivision spoke in opposition saying that the store would be an eye sore to the community. She is concerned that the prices of houses in the area will go down. Ms. Moura feels that Wal-Mart should put a gated area around her subdivision to keep out those people that will be driving through trying to avoid traffic on Davis and Precinct Line. She does not understand why Wal-Mart has to build on this land. - George Faciano, Steeple Ridge, asked the commission who had the authority to decide that Shady Grove Road would be abandoned? Would Wal-Mart still be coming into the area if the road was not abandoned? Mr. Faciano was also concerned with what extent the traffic analysis was performed. He also informed the commission that there is a petition being circulated to keep Wal-Mart out of the community. He would like to know if the traffic impact study is available and if so, could he get a copy of the study. Mr. Davis informed Mr. Faciano that Shady Grove Road is a city owned road maintained by the city. Mr. Nehring stated that adjacent landowners do have the right to come before the city and request that a road be abandoned. In this case, Wal-Mart owns both sides of the street; therefore they have a right to abandon the road. Mr. Davis explained to Mr. Faciano that a resident has a right to the middle of any street. Mr. Welch did say that the traffic study is a matter of public record. Roland Bronstad, 8613 Shady Brooke, Steeple Ridge Subdivision, spoke in opposition due to the traffic issue. He questioned whether or not there would be a traffic signal put up at Shady Grove and Davis. Chairman Bowen commented that the decision to install a traffic light at Shady Grove and Davis would be made by TX-DOT and that the City of North Richland Hills has no control over the situation. If it is found that a traffic light is not needed, a right in/right out will be built instead. Others concerned with the traffic and congestion issue were Robert Muller, 8533 Steeple Ridge, who was also concerned about the store being opened 24 hours a day. Mr. Charles Banner, Twisted Oaks Road, questioned improvements to Shady Grove Road on the west side of Davis Boulevard. Assistant Director of . . . Public Works, Mike Curtis responded to the inquiry saying the city does plan to improve Shady Grove from Smithfield east toward Davis. The improvement will be a joint effort of the City of North Richland Hills and Keller. Mr. Davis stated he had concerns about the traffic, but he feels Wal-Mart will build a nice building. Wal-Mart already owns the property that is currently zoned C 1 commercial and could build the store now without any further approval. It was pointed out that the property would bring in revenue that will help the city perform much needed improvements. Mr. Davis said that the Planning and Zoning Commission could not decide who builds on any property, they can only enforce the codes and ordinances of the City of North Richland Hills. The Comprehensive Land Use Plan has shown the property as commercial for the last 20 years to be commercial. ' - Other concerns brought before the Planning and Zoning Commission included the noise that would be brought by loading and unloading trucks. Mr. Galbraith stated that most of the loading and unloading would be done between 9 p.m. and midnight and 5 a.m. and 9 a.m. He also insisted that they would abide by the City's noise ordinance. Upon completion of public opposition and comments, Chairman Bowen closed the public hearing and asked for comments of the commissioners. Ted Nehring responded by saying he believes that Wal-Mart has gone above and beyond to create a nice facility, but he would like to review the traffic report in more detail. James Laubacher started by introducing himself as a resident of Steeple Ridge and voicing his concerns with not personally being able to study the traffic analysis. Wal-Mart is not his first choice for a commercial development for the area, but he feels that Wal-Mart has gone to great extent to make the area as appealing as possible. Mr. Laubacher also informed the Commission and Citizens that he would be abstaining from voting in this case. Tim Welch commended Wal-Mart for working so hard to make this establishment look really good. He feels that it has great landscaping, but does have concerns for the Shady Grove Residents. Mr. Welch also feels uncomfortable about not being able to study the traffic report, but did recommend that the report be made available for, City Council and that Wal-Mart contact TX-Dot to get more information before the council meeting. Richard Davis would like to see Wal-Mart to proceed immediately with the traffic issues and not wait on TX-DOT to make the decision. He commended Wal-Mart and their developers for being able to save so many trees on the property. Mr. Davis stated that Wal-Mart has gone out of their way to create an outstanding plan that goes beyond the requirements of the city ordinance. . Chairman Bowen entertained a motion. Richard Davis motioned, seconded by Doug Blue, that PZ 2000-38 be approved as submitted with the following amendments: 1. Make changes to the truck entrance on Precinct Line Road to reflect a 40-foot radius and provide lay down pavement or curbs at the intersection. 2. Provide a detailed layout and recommend to the City Council that an immediate request be made to TX-DOT regarding a traffic signal being warranted on Davis Boulevard at Shady Grove. The motion carried (5-0-1) with Mr. Laubacher abstaining from the vote. 6. PS 2000-51 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DUNAWAY ASSOCIATES FOR A PRELIMINARY PLAT OF LOTS 1-7, BLOCK 1, WAL- MART ADDITION BEING 37 ACRES INCLUDING LOT 1, BLOCK 1, SHADY GROVE BAPTIST CHURCH ADDITION AND PROPERTY IN THE THOMAS PECK SURVEY ABSTRACT 1210. THE PROPERTY IS LOCATED ON NORTHEAST TARRANT PARKWAY BETWEEN DAVIS BOULEVARD AND PRECINCT LINE ROAD. . APPROVED Tom Galbraith of Dunaway Associates represented the preliminary plat request for Wal-Mart. Due to the extensive discussion of the zoning case, Mr. Galbraith was available only for questions or comments of the preliminary plat. Richard Davis commented for the record, for the benefit of the City Council, that the design and construction of North Tarrant Parkway should be closely coordinated between the developer and Kimley Horn as far as the timing for the completion of the road. . Chairman Bowen entertained a motion. Mr. Tim Welch motioned, seconded by Mr. Ted Nehring, that PS 2000-51 be approved 'subject to engineering comments and that changes to the truck loading zone to reflect a 40 foot radius with a lay down curb, be submitted before the plat is presented to City Council. The motion carried (5-0-1) with Mr. Laubacher abstaining from the vote. . 7. . - - - - ~- ----- ~-- - -----.-----_ __4_._.___.___._ -.- -- -- - - - - --- -- . NOTICE OF PUBLIC HEARING OF THE NORTH RICH LAND HillS PLANNING AND ZONING COMMISSION AND CITY COUNCil CASE #: PZ 2000-38 WALMARTPD Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you are unable to come to the meeting, you may forward any petitions or letters to: Planning Department ' City of North Richland Hills 7301 N.E. loop 820 North Richland Hills, Texas 76180 - Purpose of Reauest: The public hearing is to consider the request of Dunaway Associates, Inc. for a zoning change on 37.416 acres of land on the northwest comer of North Tarrant Parkway and Precinct Line Road, from C1-Commercial to PD-Planned Development for a Wal-Mart retail/grocery, indoor automotive . servicing, fuel sales, outdoor display and storage. The property is known as 8241 Precinct Line Road. Hearina Procedure: When: PLANNING AND ZONING COMMISSION CITY COUNCIL 7:00 P.M. PUBLIC HEARING - PLANNING AND ZONING COMMISSION & CITY COUNCIL THURSDAY, MARCH 8, 2001 MONDA Y, MARCH 26, 2001 Time: What: Location: PUBLIC HEARING - CITY COUNCil CHAMBERS 7301 N. E. lOOP 820 NORTH RICHLAND HILLS, TEXAS ,. Staff Presentation Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry . Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present. L:\Property Owner NotificationlPZ\walmart pz 2000-38.doc .. . CASE #: PZ 2000-38 Zoning Change from C-1 Commercial to PO Planned Development For Wal-Mart The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. Davis Blvd Pair, Arnold D Etux Doris Ann Brentwood Estates Addition-NRH 8517 Davis Blvd Lot 1 C Fort Worth, Texas 76180-1311 8517 Davis Blvd Pair, Arnold D Etux Doris Ann ~ Brentwood Estates Addition 8517 Davis Blvd Lot 1 A Fort Worth, Texas 76180-1311 8519 Davis Blvd Pair, Arnold D Etux Doris Ann Brentwood Estates Addition 8517 Davis Blvd Lot 1 F Fort Worth, Texas 76180-1311 8501 Davis Blvd Summit Community Bank, NA Brentwood Estates Addition PO Box 2665 Lot 1 D 1 Fort Worth, Texas 76113 Davis Blvd Sterling Properties JV . Brentwood Estates Addition 226 Lincoln sa Lot 1 D2 Arlington, Texas 76011-4892 8521 Davis Blvd Anderson, Dan JEST Anderson, D J Subdivision PO Box 14157 Block 1, Lot 1 Fort Worth, Texas 76117-0157 Shady Grove RD Barfield, John W TR Peck, Thomas Survey J & J NRH100 Family LTD Prtns Abstract 1209 Tract 12B 700 Harwood Road Suite A Hurst, Texas 76054 Davis Blvd Barfield, John W TR Brentwood Estates Addition J & J NRH100 Family L TD Prtns Lot 3B 1 700 Harwood Road Suite A Hurst, Texas 76054 Davis Blvd Barfield, John W TR Brentwood Esté!~es Addition J & J NRH100 Family L TD Prtns Lot 5A 1 700 Harwood Road Suite A Hurst, Texas 76054 Red Rose TR City of Hurst Peck, Thomas Survey Abstract 1209 Tracts 3A & 3B2 . Shady Grove Road City of Hurst Peck, Thomas Survey Abstract 1209 Tract 3B . Shady Grove Road City of Hurst Peck, Thomas Survey Abstract 1209 Tract 10A & 10B 8524 Davis Blvd City of Hurst Peck, Thomas Survey Abstract 1209 Tract 10A01 & 10B1 8501 Precinct Line Road City of Hurst Peck, Thomas Survey Abstract 1209 Tracts 10D1 & 10C2 Wilson Road Tarrant, County of Peck, Thomas Survey Attn: R Solosk; ~ Abstract 1209 Tract 3B01 100 East Weatherford Fort WQrth, Texas 76102 Davis Blvd Tarrant, County of Brentwood Estates Addition Attn: R Soloski Tracts 3A1, 3B1, and 3C1 100 East Weatherford Fort Worth, Texas 76102 8241 Precinct Line Road Shady Grove Baptist Church Shady Grove Baptist Church Addition 8241 Precinct Line Road Block 1, Lot 1 Fort Worth, Texas 76180-1609 . 8741 Shady Grove Road TMC Management Company Peck, Thomas Survey 2300 Airport Freeway Suite 230 Abstract 1209 Tract 10C & 10D2 Bedford, Texas 76022-6043 8701 Shady Grove Road Stilwell, Joseph Peck, Thomas Survey 8701 Shady Grove Road Abstract 1209 Tract 1 OC 1 & 10C3 Fort Worth, Texas 76180-1602 8741 Shady Grove Road Bishop, Steve R Peck, Thomas Survey 224 Pate Orr Road South Abstract 1209 Tract 10D Keller, Texas 76248-2469 Precinct Line Road Texas, State of Peck, Thomas Survey PO Box 6868 Abstract 1209 Tract 10D01A Fort Worth, Texas 76115 8825 North Tarrant Parkway Davis NT LP Brentwood Estates Addition 3838 Oak Lawn Avenue Suite 1500 Block 5, Lot 2 Dallas. Texas 75219-4516 8485 Davis Blvd Davis NT LP Brentwood Estates Addition 3838 Oak Lawn Avenue Suite 1500 Block 5, Lot 3 Dallas, Texas 75219-4516 8475 Davis Blvd Davis NT LP Brentwood Estates Addition 3838 Oak Lawn Avenue Suite 1500 . Block 5, Lot 4 Dallas, Texas 75219-4516 . 8955 North Tarrant Parkway Brentwood Estates Addition Block 3, Lot 1 DHOG LLC & ZTCP LLC 328 Green Acres Drive Defuniak Springs, FL 32433-7996 . " . -... .---------...-----.-- -=- . . . ORDINANCE NO. 2548 AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE TO ESTABLISH A PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has reviewed a rezoning request on a tract of land identified in Case Number PZ 2000-38; and WHEREAS, the developer has indicated an interest in establishing the proposed development as a planned development district under the guidelines of the North Richland Hills Zoning Regulations; and WHEREAS, the City Council has determined that the development conditions of this tract of land do not provide adequate opportunities for development under available existing zoning district regulations; and WHEREAS, after appropriate notice and public hearing, the City Council of the City of North Richland Hills has approved an amendment of the Zoning Ordinance by establishing a Planned Development District and by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 2000-38, the following described property, attached as Exhibit A, shall be rezoned from C-1 Commercial to establish a Planned Development District with specific development regulations on 37.424 acres of land including Lot 1, Block 1, Shady Grove Baptist Church Addition, a portion land out of the Thomas Peck Survey Abstract #1210 and Shady Grove right of way between Davis Boulevard and Precinct Line. 2. THAT, the purpose of this Planned Development District is to provide for a retail/grocery center including a garden center, indoor automotive servicing, fuel sales, outdoor display and storage with future commercial pad sites. The permitted uses and development regulations for this planned development district shall be as follows: Ordinance 2548 Page 1 . 1. Permitted Uses: A. Retail/Grocery center including garden center, automobile servicing, fuel sales, outdoor display and storage constructed in accordance with the site plan and building elevations attached as Exhibit No. B. B. Retail, Office and Commercial Uses permitted in the C-1 Commercial zoning district as provided in the table of permitted uses. Prior to the issuance of a building permit for any development, a site plan for each development shall be submitted to the Planning & Zoning Commission for review and comment and forwarded to the City Council for approval. 2. Hours of Operation for Home Improvement Center: 24 hours a day, 365 days a year. 3. . That, the development regulations are hereby amended, and specifically, the C1 Commercial Zoning District regulations which are not in conflict with the terms of this Planned Development District shall govern development on said property, except as follows. 1. Masonry percentage on building elevations as indicated on site plan. 2. Monument and building signs as indicated on site plan. 3. Building articulation as indicated on site plan. 4. Garden Center as indicated on site plan. 5. Outside display and storage as indicated on site plan. 6. Automotive Service Center as indicated on site plan. 7. Automotive Fueling Station as indicated on site plan. 4. That, all provisions of the Zoning Regulations of the City of North Richland Hills, as amended, which are not in conflict with the terms of this Planned Development shall remain applicable on said property, and the provisions of the C1 Zoning District shall apply to this property to guide development, except where amended herein. 5. That, the Zoning Map of the City of North Richland Hills be amended to reflect this planned development district. . 6. Ordinance 2548 Page 2 . . SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 7. SAVINGS CLAUSE. That the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 26th DAY OF . MARCH, 2001. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT Department Head APPROVED AS TO FORM AND LEGALITY: . Attorney for the City Ordinance 2548 Page 3 SCALE: 1"=60' ...... DATE: 3-2-01 ~ LOT 6 . . SUMMIT COMMUNITY BANK, N.A. VOL. 13438. PG. 130 D.R. T.C. T. / / ("'0"'// / / / /,......'" / / /........,... / / / .., ---._---.._-._--_._~-_.- - ~ . - ----------~. SHADy GR.-OvE: R..D. -------. -- - - ---+---- LOT 5 , , I \ I ~ I ':' ~.:':..: \ / .. \, / ...<~ - ..... \""'~:.:::'..~.. ........ ~ =~.;.~=~:=. Phone (817) 335-1121 Metro (817) 421-2135 ro. (817) 335-7437 PROPOSED RIGHT-IN. RIGHT-OUf' 'HOODED' DRIVE Page 1 of 1 Galbreath Tom e From: John@Grubb.com Sent: Thursday, March 98, 2001 9:32 AM To: tsg@dunaway-assoc.com Subject: NRH Wal-Mart Zoning Meeting 3/8/2001 3/8/2001 Dear Tom, I will not be able to attend this evenings Planning and Zoning meeting to discuss the Wal-Mart Super Center PD. I am writing to offer my support for the project. As you know, I participated on the citizens panel that worked with Wal-Mart, the engineers, and the architects. I have reviewed the final plans that you sent me on 2/22/2001, and agree they are the plans the citizens agreed on at our last meeting on 10/18/2000. I would like to thank Wal-Mart for allowing the citizens of the area to get involved, and have an impact on what their community will look like. If you have any questions, please contact me at 817-498-6972 (Home) or 469- 775-7000 (work). Again, please thank everyone for their hard work and commitment to the citizens of North Richland Hills. Best Wishes, John Grubb . 8116 Pecan Ridge Drive North Richland Hills, TX 76180 e 3/26/2001 TO SEE EXHIBIT(S) TO ORDINANCE: PLEASE CONTACT CITY SECRETARY'S· OFFICE / MUNICIPAL RECORDS ~ CITY OF NORTH RICHLAND HILLS Department: Budget & Research Council Meeting Date: March 26, 2001 Subject: a) Consideration of Opting Out of the Sales Tax Holiday Agenda Number: GN 2001-031 b) Public Hearing to Consider Opting Out of the Sales Tax Holiday c) Council Vote to Opt Out of the Sales Tax Holiday - Ordinance No. 2549 There are three items on this coversheet because if Council elects to opt out of the sales tax holiday, a public hearing must be held and action must be taken. If Council elects to continue participating in the sales tax holiday, no action is necessary. The first annual Sales Tax Holiday, Senate Bill 441, was held August 6-8, 1999. The holiday suspended state and local sales taxes on clothing, shoes and other items specified in the law, that individually did not cost over $100. During the first year for the Holiday, cities, counties and other local taxing jurisdictions did not have an option to not participate in the holiday. Beginning in 2000, local taxing jurisdictions were given the option to opt out of the holiday, which is currently held the first Friday, Saturday and Sunday of August. The law is written in such a way that the City and the Park Development Corporation are considered as one taxing entity, therefore it is not necessary for the Park Board to separately consider this issue. ~ In order for the City of North Richland Hills to choose not to participate in the holiday, A) a public hearing must be held B) a majority of Council must vote to repeal the sales tax exemption C) Council must take formal action by passing an ordinance stating that the City does not want to participate in the sales tax holiday D) a copy of this ordinance must be included with a certified or registered letter submitted to the Texas State Comptroller's Office by March 31,2001. The State sales tax exemption remains in place whether or not a local taxing jurisdiction participates. A comparison of August, 2000 sales tax receipts to August, 1999 indicates that there was a 15.62% increase over 1999. This was primarily the result of the strong economy. It is difficult to determine exactly what impact the sales tax holiday had on North Richland Hills. Finance Review Source of Funds: Bonds (GO/Rev.) e Operating Budget Other /v. - /{V¿£¿w);M' Budget Director Signature Account Number N/A '-.. CITY OF NORTH RICHLAND HILLS . . . Information provided by Texas Municipal League last year estimated it resulted in a 4.2% decrease in municipal sales tax revenues statewide. The Comptroller's office estimated that the savings to tax payers increased from $32.6 million in 1999 to $37 million in 2000, which is a 13.5% increase. Using this information, the estimated revenue loss to North Richland Hills for August, 2000 would have been approximately $37,500. Recommendation No action is necessary if Council wishes to continue participating in the sales tax holiday. If Council wishes to opt out of the sales tax holiday: a. Hold a public hearing to consider opting out of the sales tax holiday; b. Conduct Council vote to opt out of the sales tax holiday; c. If Council majority vote is to opt out of the sales tax holiday, approve Ordinance No. 2549; CITY COUNCIL ACTION ITEM · ORDINANCE NO. 2549 WHEREAS, Texas Tax Code Section 326.003 makes it possible for a local taxing authority to repeal the application of a sales tax exemption during the sales tax holiday held the first Friday, Saturday and Sunday in August, and WHEREAS, the City Council has considered opting out of the sales tax holiday, and WHEREAS, a public hearing on consideration of opting out of the sales tax holiday was held prior to an official vote. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Council of the City of North Richland Hills, Texas, hereby repeals the application of the sales tax exemption referred to in Section 326.002 of the Tax Code of the State of Texas and by authority of Section 326.003 of said Tax Code said City repeals such sales tax exemption for the year 2001 and future years. If, PASSED by majority vote of the City Council at the regular City Council Meeting of , March 26, 2001. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APpr AS TO ;ONTENT:, WJ??-C/¡W<- .aren Bostic, Director of Budget & Research ~ ___-r"'... _... £/ " e . CITY OF NORTH RICHLAND HILLS Department: Budget & Research Board Meeting Date: March 26, 2001 Subject: Sitting as Crime Control & Prevention District Board, Hold Agenda Number: CCO 2001-03 Public Hearing To Consider and Act Upon Repealing Application of Sales Tax Holiday Exemption - CCD Order No. 2001-01 If Council elects to continue participating in the sales tax holiday, this hearing does not need to be held. The Mayor should also announce, if a hearinq is held, that he is convening a meeting of the Crime Control & Prevention District Board. Section 326.003 of the Texas Tax Code states that a governing body of a taxing authority may by a majority vote adopt an appropriate order to repeal participation in the sales tax holiday held the first Friday, Saturday and Sunday of August. Before a vote is held, the governing body must hold a public hearing. Recommendation Hold public hearing on the Crime Control and Prevention District opting out of the sales tax holiday. If the Crime Control District Board majority vote is to opt out of the sales tax holiday, approve Order No. 2001-01 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other /¿¿Ji~' l Budget Director Signature Account Number N/A · e .,.4. .- e' ORDER NO. CCD 2001-C WHEREAS, Texas Tax Code Section 326.003 makes it possible for a local taxing authority to repeal the application of a sales tax exemption during the sales tax holiday held the first Friday, Saturday and Sunday in August; and WHEREAS, the North Richland Hills Crime Control and Prevention District Board of Directors has duly held a public hearing to consider opting out of said sales tax holiday. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT, that: 1. The Board of Directors, acting on behalf of such District, hereby repeals the application of the sales tax exemption referred to in Section 326.002 of the Tax Code of the State of Texas and by authority of Section 326.003 of said Tax Code said District repeals such sales tax exemption for the year 2001 and future years. PASSED by majority vote of the Board of Directors at a dully called and posted meeting on March 26, 2001. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Crime District Attorney APPRO~ AS ~O CONTEN:: ~(/~,-,£--/ Gß¡{~ Karen Bostic, Director of Budget & Research ~ .fI CITY OF NORTH RICHLAND HILLS e Department: Parks and Recreation Council Meeting Date: 3/26/01 SUbject: Season Pass Pricinq and Child Heiqht Adjustment Agenda Number: GN 2001-032 At the March 5, 2001 City Council meeting, staff offered two potential recommendations as a portion of the presentation of the NRH20 Family Water Park 2000 Season Report and 2001 Recommendations. These recommendations were to adjust the Season Pass pricing structure to be more competitive in the market and to adjust the height that determines the difference between child and adult pricing to the level most appropriate with park safety rules and industry standards. These recommendations are designed to continue the ability of NRH20 to remain a facility that is responsible for the generation of sufficient revenues to cover all costs. These costs include operating costs, insurance reserves, infrastructure reserves, debt service reserves and capital expansion reserves. The first recommendation was to chanqe the current season pass pricinq structure from a base pass price of $79.95 ($59.95 Resident) with a volume discount to a base pass price a of $59.95 ($49.95 Resident/$39.95 Resident purchasinq four or more passes) with no .. volume discount. The benefits to this recommendation are that it makes the season pass structure easier to explain to potential purchasers and also is easier to market to our guests. Our season pass holders, on average, visit NRH20 7.3 times per season. Under the new pricing structure and assuming the same number of visits, residents purchasing four or more season passes will pay $5.47 per visit. The resident discount admission price for an adult is $6.95 for the 2001 Season. The result is resident season pass holders save $1.52 per visit and visits after their seventh are "free". When examining the cost of providing the service we find that the Cost of Service Per Guest (CSPG) was $10.42 for the 2000 Season. This results in resident season pass holders paying nearly $5.00 less per visit than it costs to provide the service to them. Finance Review ~~ DeDartment Head Sionature (jJ '-. Budget Director Source of Funds: Bonds (GO/Rev.) a Operating Budget .. Other Page 1 of 2 ,/, . CITY OF NORTH RICHLAND HILLS . General season pass holders will also see savings based on applying the above methodology to their pricing model. The second recommendation presented was to chanoe the heioht that determines the difference between child and adult pricinq to the level most appropriate with park safety rules and industry standards. This level is 48" which is a decrease from the current 54" heioht level. As stated above, the current height (54") does not accurately reflect the safety rules throughout the children's pool. NRH20 requires that only children whom are 48" and under participate on the log walks/lily pads and on the children slides. The main activity currently has an allowable maximum height of 54", but this has caused challenges in the past with larger children colliding with smaller children. If approved NRH20 Management would change the height requirement in the Tad Pole Train Station to a uniform 48" and under throughout the entire children's area. This recommendation has the additional benefit of eliminating the challenge with regard to the definition of a "child". Currently, even if a participant pays the child price to enter the facility, it does not guarantee that the individual will be allowed to participate on all of the children attractions. The industry standard for the height break between adult and child is 48". To further a illustrate the point, both Six Flags Over Texas and Six Flags Hurricane Harbor use this .. height level to differentiate between adult and child. Staff expects a revenue increase with this new height level. Participants who are over 48" in height, but less than 54" in height will now be charged the adult price for admission. There is no way to provide an accurate projection, as it is impossible to estimate the percentage of NRH20 guests who fall into this height range. The Park and Recreation Board, at their March 5, 2001 meeting, unanimously agreed to forward to City Council a recommendation to approve the season pass pricing plans and to change the child height from Under 54" to 48" and Under. Recommendation: To approve the season pass pricing plans and to change the child height from Under 54" to 48" and Under. e CITY COUNCIL ACTION ITEM Page 2 of 2 CITY OF NORTH RICHLAND HILLS e Department: Administration Council Meeting Date: 03/26/01 Subject: Consider Request of GateHouse Networks Cable Franchise Agenda Number: GN 2001-033 In February 2001 Gatehouse Networks submitted a request for a Cable TV limited franchise for only Hometown NRH. This request is supported by the Home Town NRH developer. The City Council is beinq asked to decide whether staff and Gatehouse should move forward with franchise neqotiations or not proceed any further. Tiered levels of service would be available comparable to the present basic (bulk), expanded and premium services of Charter. The bulk rate would be paid by the Home Owners Association and all other tiers would be optional to the resident. Bulk is the term Gatehouse is using that is roughly equivalent to our "basic" subscription level with Charter. . Company Data (Provided by Gatehouse) Gatehouse is a division of Lamont Digital Systems Inc., a privately held company whose corporate address is Greenwich, Connecticut. The company has over 15 years experience in the telecommunication industry. They serve more than 150 institutions and 350,000 subscribers nationwide. The company generally provides cable, high speed Internet telephone and security services to Colleges and Universities, apartments and prisons. They also provide integrated voice, video and data services to health care and corporate customers. They are currently building privatized systems for 20,000 customers in residential communities nationwide, including 1,200 homes in League City. According to the most recently supplied audit, Lamont is a co-defendant with the University of Connecticut in a franchise rights lawsuit brought by Charter communications Entertainment, a local cable operation in Connecticut. Customer service will be provided through a single 1-800 number out of their New Castle, Delaware Network Operations Center providing 24 X 7 service. All video signals will be received by satellite dish(s) and off-air antennas, brought into a headend room and distributed through cable over the residential portion of the development. Unique features would include security services, Channel(s) for Home Town purposes, and the wiring system may also be used as a local area network within the entire project. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Budget _ Other Account Number Sufficient Funds Available Department Head~ Finance Director .... Page 1 of L e CITY OF NORTH RICHLAND HILLS Analvsis If the City Council directs, staff will begin franchise negotiations. Some issues to be considered are as follows: 1. Does the City want to allow a special cable franchise to provide service in only one portion of the community? 2. If approved, we will not be able to require WOW to provide citywide service, as is now planned. WOW has written a strongly worded letter objecting to this franchise being granted. 3. If directed to proceed, we will negotiate terms similar to the Charter franchise and transfer agreement including contributed capital and customer care standards. e CITY COUNCIL ACTION ITEM Page_of _ -~ e e e WideOpenWest~ Bringing BrJedlnmd Home January 22,2001 Mr. Greg Vick, Managing Director of Community Services City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Re: New Competitive Franchise Dear Sir: We write to further address concerns that we have raised regarding the competitive neutrality provisions contained within the proposed North Richland Hills Franchise Agreement. We understand that the City is considering the grant of another competitive rranchise that will not require universal service, but rather will allow the competitive provider to select discrete service areas within North Richland Hills. By contrast, the City has required that WideOpen West service the entire City, without regard to area demographic and density characteristics. WideOpenWest and the City staff have mutually approached these negotiations with the understanding that competitive cable provider fÌ'anchises should place the competitors on a level playing field. In other words, although we agree that the fÌ'anchise agreements need not necessarily be word for word identical, the agreements must be equivalent in all material respects. That said, allowing one competitor the opportunity to exclude its service fÌ'om areas that, due to density or demographic characteristics, are uneconomical to construct is fundamentally at odds with a public policy to promote a competitive cable and telecommunications marketplace. The City should create identical service area and extension requirements and then let the competitors and marketplace sort out the rest. Service area is a fundamental rranchise condition. A City that allows one competitive provider to select its service area confers upon it a material competitive advantage. Sound public policy requires that the City maintain a neutral regulatory position. Furthennore, allowing one competitive provider to "cherry-pick" its franchise service area is not only unfair to other competitive providers and contrary to sound public policy, but is also inconsistent with the policy underlying federal telecommunications law. · .. Mr. Greg Vick January 19,2001 Page 2 e Federal law is designed to promote competition within the cable communications market. Beginning with the 1992 Cable Television Consumer Protection and Competition Act of 1992 ("1992 Act"), Congress removed several barriers to competition. The 1992 legislation was intended lito encourage competition fTom alternative and new technologies, including competing cable systems, wireless cable, direct broadcast satellites, and satellite master antenna systems. II House Committee on Energy and Commerce, H.R. Rep. No. 628, 102d Cong., 2d Sess. (1992) at 27. See also Senate Committee on Commerce, Science, and Transportation, S. Rep. No. 92, 102d Congo 1st Sess. (1991) at 18. More specifically, federal law requires that fTanchising authorities assure that access to cable services is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which the group resides. 47 USC § 541(a)(3). In other words, federal law generally prohibits "redlining." Cable Communications Policy Act of 1984, H.R. Report 98-934, 90th Congress, Second Session (August 1, 1984). e The policy behind the federal law is clear. Allowing a competitor to "cheny-pick" ultimately hanns the City residents by (i) impeding the ability of other competitors who must construct in all areas of the City to effectively offer competitive service at a competitive price; and (ii) excluding certain City residents fTom the benefits that flow fTom full and fair competition. For these reasons, we strongly encourage the City to adopt a regulatory position that allows for full and fair competition in the cable and communications marketplace. Permitting one competitor to "cherry-pick" is unfair and reflects bad public policy. The bottom line: the City should not allow a competitive provider to enter the marketplace with unfair competitive advantage. Sincerely, (via E Mail) Kim D. Crooks Assistant General Counsel for Regulatory Affairs Cc: Julia McGrath, COO Craig Martin, General Counsel e Available Channels Charter Line Up Gatehouse Networks a.&E y-EB y-B American Movie Classics y-EB y-B Animal Planet y- EB y-B BBC America y- DS y-B Black Entertainment (BET) y-EB y-B Bet on Jazz y - DT Biography Channel y- DS y- DT Bloomberg Television y - DS y - DT Boomerang y-B Bravo y - EB Y - DT Cartoon network y-EB y-B Cinemax Multiplex (4 Channels of Cinemax) y - DT Cinemax Plex (6 Channels) y- DS City Access y-B CNBC y-EB y-B CNN Y - EB y-B CNN Headline News y-EB CNN Sports Illustrated y-B CN Nfn/i nternational y-B Comedy Central y - EB .ountry Music Television y-EB y-B ourt TV y-EB y-B C-Span y-B CSPAN 1 y-B CSPAN 2 y-B y-B Discovery Channel y - EB y-B Discovery Civilization y- DS Y - DT Discovery Health y-DS y-B Discovery Home and Leisure y-DS y - DT Discovery Kids y- DS y-B Discovery Science y-DS y- DT Discovery Wings y- DS Y - DT Disney Channel y- EB y-B Disney Toon y-EB y-B DIY (Do It Yourself) y-DS y-B DMX (1-37) Music Channels y- DT E! Entertainment y-EB y-B Educational Access y-B Encore Multiplex (5 Starz, 12 Encore Channels) y- DT Encore Plex (7 Channels) y-DS ESPN y-EB y-B «SPN Classic y-EB y-B SPN News y - EB y-B Page 1 of 4 Available Channels Charter Line Up Gatehouse Networks aSPN2 y-EB y-B EWTN y-B Food Network y-B FOX Family y-EB FOX Health y - EB FOX News Channel (FCN) y-EB y-B Fox Sports Southwest y-EB FOX Sports World y - DT Fox Sports World Espanol y-EB fX y-EB y-B Galavision y- EB y-B Gameshow Network y - EB Golf Channel y-EB y-B Goodlife (Nostalgia) y - DT HBO y-PCAO HBO Latino y-PCAO HBO Multiplex (8 Channels of HBO) y- DT HBO Plex (11 Channels) y - OS Headline News y-B History Channel y-EB y-B «istOry Channel International y - OS Y - DT ome & Garden Television (HGTV) y-EB y-B Home Shopping network y-B y-B iN Deman 01 y-PPVAO Independent Film Channel y-DS y- DT Inspirational Life y - DT International Channel y - DT KDAF WBN y-B y - Local Channel KDFI Ind y-B y - Local Channel KDFW FOX y-B Y - Local Channel KERA PBS y-B y - Local Channel KFWD Telemundo y-B y - Local Channel KINZ Ind y - Local Channel KLDT Ind y-B y - Local Channel KL VN Univision y - Local Channel KMPX - Local 29 y-B KPXD PAXTV y-B KSTR - Local 49 y-B KTVT CBS y-B Y - Local Channel KTXA UPN y-B Y - Local Channel KXAS NBC y-B y - Local Channel ~TX Ind y-B ...eased Access y-B Page 2 of 4 · . . Available Channels Charter Line Up Gatehouse Networks e.ifetime Lifetime Movie Network Local Origin MAC 7 /City Access MSNBC MTV MTV2 MTVS MTVX Much Music Music Choices (40 Channels) Nick Games and Sports Nickelodeon Nickelodeon/Nick@nite Noggin NRHTC1 NRHTC2 NRHTC3 NRHTC4 Odyssey aPutdoor Channel ~vation Oxygen Pay Per View (19 Channels of PPV) Pay Per View Plex (37 Channels) PBS - KOTN Local 2 PBS - KERA Local 13 PIN Network QVC Regional Sports Network, if available+A 18 Romance Channel Romance Classics SCI-FI Channel Showtime Multiplex (8 channels of Showtime) Showtime Plex (6 Channels) Showtime Showtime2 Soap Net Speedvision Starz Plex (3 Channels) Starz (5 Channels) _tyle ~undance y-EB y- OS y-B y-B y-EB y-EB y-B Y - OT y-B y-B y-B y-B y-B Y - OT y-OS y-B y-EB y-EB y-EB y-B y-B y-B y-B y-B y-B y-B y-B y- OT y-B y- OT y - OS y-B y-B y-B y-B y-B y-EB y-EB y-B y- OT y - OS y-PCAO y-PCAO y-OS y-EB y-OS y- OS y-OS y- OT Y - OT Page 3 of 4 \ .. Available Channels Charter Line Up _BN - Local 49 TBS Superstation TCC T echtv Texas Cable News The Learning Channel The Movie Channel Multiplex (4 Channels of TMC) Movie Channel Plex (2 Channels) The National Network The Weather Channel TNT Travel Channel Trinity Broadcast Network Turner Classic Movies (TCM) TV Food Network TV Land Univision - KUVN 23 USA Network Value Vision VH1 aVH 1 Classic Rock ~H 1 Country VH1 Soul Weatherscan Local Web MO WFAA ABC WGN y-B y-EB y-B y-EB y-B y-EB y - OS y-EB y-EB y-EB y-EB y-EB y-EB y-EB y-B y-EB y-B y-EB y-OS y-B y-B y - B (Basic Line up) y - EB (Extended Basic) y - PCAO (Premium Channels Analog Only) y - PPV AO (Pay Per View Analog Only) y-DS (Digital Service) e Page 4 of 4 Gatehouse Networks y-B y-B y-B y- OT y-B y-B y-B y-B y - OT y-B y-B y-B y-B y-B y-B y-B y-B y - Local Channel y - B (Basic Line Up - Analog) y - D (Digital Tier) y - Local Channels .; ~ CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 3/26/01 GN 2001-034 Agenda Number: Subject: Revise the Speed Limit on Bedford-Euless Road from Grapevine Highway to Strummer Drive - Ordinance No. 2547 The Public Works Department has received numerous requests for the speed limit on Bedford-Euless Road to be increased. Staff has conducted a speed study and the results show the speed limit for the 7700-8200 blocks of Bedford-Euless Road (from Grapevine Highway to Strummer Drive) should be increased from 30 mph to 35 mph. Raising the speed limit to 35 mph will provide for safe and effective movement of traffic along this section of Bedford-Euless Road. The Police Department has reviewed the speed limit change and is in favor of increasing to 35 mph. Recommendation: To pass Ordinance No. 2547. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other , Account Number Sufficient Funds ÄvallaDle Finance Director Page 1 of _ ,. . . . l' ORDINANCE NO. 2547 AN ORDINANCE AMENDING ORDINANCE NO. 722 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 35 MILES PER HOUR FOR BEDFORD-EULESS ROAD FROM STATE HIGHWAY 26 TO STATE HIGHWAY 183 (7700 THROUGH THE 8200 BLOCK OF BEDFORD-EULESS ROAD); PROVIDING FOR A PENAL TV FOR VIOLATION OF A FINE NOT IN EXCESS OF $200.00; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Section 3.04 of Ordinance No. 722 of the City of North Richland Hills, Texas, is hereby amended by revising the maximum prima facie speed limit for the 7700 block through the 8200 block of Bedford-Euless Road to 35 miles per hour. 2. Any person operating a motor vehicle upon said above described section of Bedford-Euless Road in the City of North Richland Hills, Texas, at a speed in excess of 35 miles per hour shall be deemed guilty of a misdemeanor and fined not in excess of $200.00. 3. This ordinance shall be in full force and effect ten days from passage and publication. PASSED AND APPROVED this the 26th day of March, 2001. a, Mayor ATTEST: R ~¡- ~ 'I; ,N, !:. .. .J ---:-- U'\ e - '::£.D ~! ~ ~:':-:I'I <6 ~' ~ . IS! _ O\~ ~ r-; Ii' g t " .,~ ~ I I .. Ii . ~ ~ ~uc ~I~ ¡- B~ i L-::r ß '~(il -, /~\\ ft I : i ~ I ~ \~ ~_ ~\ I .--SìL-\ :e.~. '1/: ~! ~ .../)(~t :~~ . . b.-;;: ~ II! ft :!~; a:. .'~! ~ ~ - t . , $ .. ! 110 w =:: ,;"1}.... ,.., .": ç-,,:. ~. ~; .. ~ .. .... ~\ ~ : :'1 0 :E ~ · ~ 0::: =.t 0 ~~ ft Y'"'.· ./ (1)0:::0 ~ -. ... ft. (l)1-...J N; \.. _. ~ ~ In ~ :r:-; '.', œ. .j :J ~ g:E \; i l\, - Jf Ie!;:; i J::::: W 3: N It) ~¡ C J: C9 M ...........-. . _ .- -. 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I: -: u.: Z ...0::"1"" ~T 1~~i1 ~~r¡ \.._~,~, "" I ~ ( ~ ( ~ (. .. ( - < (. .. < C C C < I ~:¡¡¡ ... 2;, :~ (T , ~ I ~~\ ~ I~ NI~ ...J I I ::I . , I . ~ I : I I I I i I I I I I i I i I I I I ! I ¡¡ 1 L _. 'I CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 03/26/01 Subject: Consideration to Support the Application of a Federal Agenda Number: GN 2001-035 Transit Administration (FTA) Job Access and Reverse Commute Competitive Grant Program with the Cities of Northeast Tarrant County and through the North Central Texas Council of Governments. CASE SUMMARY: As a result of concerns over providing access to jobs within Northeast Tarrant County, several cities in the area approached the North Central Texas Council of Governments to see if there were grant funding available for bus shuttle transit from the Trinity Railway Express stations. An initial grant was applied for under the Federal Transit Administration (FT A) fiscal year 2000. That grant was denied. After, working with Michael Morris with the Council of Governments a separate funding mechanism was available under earmarked funds from Senator Kay Bailey Huchison. These funds were available to nine cities in the mid cities area including Northeast Tarrant cities with Arlington and Grand Prairie. The primary focus of the grant was to provide limited week day peak bus shuttle service off of the Trinity Railway Express stations. The primary need being to provide access to jobs for citizens living throughout the Metroplex into the mid cities area. . In December 2000, the Council of Governments requested employer interest from area cities for a limited bus shuttle from the TRE stations. At that time the City of North Richland Hills surveyed all employers with more than 100 employees. Out of 24 major employers, 17 expressed a need and an interest in a possible bus shuttle service. On January 25, 2001 the Federal Transit Administration (FT A) announced awards for fiscal year 2000 and opened funds for fiscal year 2001. Under the new grant process, COG recommended that the cities of Northeast Tarrant County make a new grant application without the cities of Grand Prairie and Arlington. The Council of Governments have encouraged Northeast Tarrant County cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst and North Richland Hills to participate in a 50% matching grant for a total of $1.5 million over a 3+ year program. At a meeting in early March the Council of Governments staff informed Northeast Tarrant County cities that a grant application had to be submitted by April 1, 2001. At this time, five Northeast Tarrant County cities have shown interest. These include Haltom City, North Richland Hills, Hurst, Bedford and Grapevine. Over the last couple of weeks COG has developed a preliminary bus shuttle schedule with cost estimates. COG is proposing 5 routes (one route for each"city) with cost estimates of $61,100 per year per route. These costs are Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Department Head Signature Finance Director ~Q,í=W /:.~ F~Vl~}( . ~ ity Manager Sign,ature ./ Job Access Grant Page 1 of 2 CITY OF NORTH RICHLAND HILLS based on contract services at $47 per hour, $235 per day or $61,100 per year per route. The annual cost would include a 50% local match that could be provided by local employers or local government. It is not anticipated that customers would pay for the bus shuttle. The TRE train routes would be $1 to $2 each way and the bus shuttle would be an extension of the transit service. The Council of Governments is requesting support from the five Northeast Tarrant County cities to jointly fund these costs. This grant is meant to be a pilot project to primarily offer job access to employment centers in Northeast Tarrant County. The North Richland Hills shuttle service would include 2 AM peak and 3 PM peak bus shuttle runs from the Richland Hills TRE station. The proposed bus route within North Richland Hills begins at the TRE station in Richland Hills and covers a 20 mile loop route. The NRH bus route accesses 10 of the 17 employers interested in shuttle service. Key points on the route include North Hills Mall and Hospital, Richland Business Center, Richland Pointe Business Center, the City of NRH, Wal-Mart, Doskocil and Sealy Mattress. The only major employers not included on the initial route are Tarrant County College and Mega Life Insurance Company. The proposed route through NRH can be changed over time and an extension to the route could be made to Tarrant County College. Staff has not had time to seek financial assistance from area employers but hopes to seek funding from local employers as part of the local matching funds. Basically, the grant provides for a one bus shuttle route in North Richland Hills to be operated on a peak hour week day service with a local match of $30,550. The Council of Governments is requesting a letter in support of the grant application and funding commitments toward the local matching funds. RECOMMENDATION: Staff is recommending that the City Council authorize the City Manager to draft a letter in support of a grant application for a Job Access Grant from the Federal Transit Administration with initial funding commitment for a maximum of $30,550 for the year 2001. Following monitoring and adjustments made to maximize the shuttle service in 2001, the City of North Richland Hills would reaccess and consider future funding commitments. CITY COUNCIL ACTION ITEM L:\Cases\PZ Cases\2000\PZ 2000-16-41 Davis ui:lyt;G\/tI,UUI.; Page 2 of 2 . . . Handout #1 JOB ACCESS AND REVERSE COMMUTE PROGRAM Overview of Awards In the January 25 Federal Reaister, the Federal Transit Administration (FT A) announced the Fiscal Year (FY) 2001 competitively selected projects for the Job Access and Reverse Commute Competitive Grant Program. Baekaround In FY 2001, Congress provided approximately $100 million for the Job Access and Reverse Commute Program. Congress designated over $75 million of this funding for projects in specific states, leaving $25 million in funding available for competitively submitted proposals. Instead of issuing a solicitation for competitive proposals in FY 2001, FT A decided to select the remaining projects from among those projects that were only partially funded or not funded during FY 2000. FT A has made this decision because FY 2000 project proposals far exceeded available resources. In addition, FT A believes selecting proposals at this time, rather than issuing a new FY 2001 solicitation, will significantly speed project implementation. FT A intends to issue a new solicitation for FY 2002 funding in the near future. North Central Texas Council of Governments The North Central Texas Council of Governments, in coordination with several Northeast Tarrant County cities, submitted a competitive grant application in FY 2000. While not funded in FY 2000, this project has been selected through the FY 2001 process described above. Proieet SDeeifics Th~ project proposal submitted was to initiate a shuttle service from the Trinity Railway Express (TRE). The new service would enable persons to access the numerous training and employment opportunities in Northeast Tarrant County. In addition, the service could provide reverse commute opportunities for residents in Northeast Tarrant County who work in downtown Dallas and/or Fort Worth. Service Area: Cities of Northeast Tarrant County including Bedford, Haltom City, Hurst, and North Richland Hills. Funding: $500,000 per year for three consecutive years Timeline January 25, 2001 Federal Reqister (Vol. 66, No. 17) announcement regarding awards March 23, 2Q01 STTC Action Item - Recommend RTC Approval of TI P Modification April 1, 2001 JA/RC Application Due to Federal Transit Administration April 12, 2001 RTC Action Item - Approve TIP Modification May 2001 July 2001 TIP Modifications to TxDOT/TTP Federal Highway & Transit Administrations - Approve STIP (Funds cannot be spent prior to approval) . . . Handout #2 JOB ACCESS AND REVERSE COMMUTE PROGRAM Funding Matrix Fiscal Year 2000 Fiscal Year 2001 Appropriation Appropriation Source Congressional Earmark (Hutchison) Competitive Award Amount $1.5 million $500,000/year for 3 years - Northeast Tarrant County - as I Focus Regional Activities - as described in described in the FY2000 I the Regional Plan Comoetitive Aoolication Status Confirmed Confirmed I I I Scenario B Funds Received FY 2000 + FY 2001 Federal Funds $3.0 million Total Program $6.0 million 36 months = FY 2001 (April - Sept) Time Frame FY 2002 (Oct - Sept) FY 2003 (Oct - Sept) FY 2004 (Oct - March) Application #1 Arlington ($1.5 Federal) Fort Worth Transportation Authority (for JA activities w/i service area) Application #2 Northeast Tarrant County cities ($1.5 Federal) ($500,000 per year for 3 years) 03/01/01 03/18/01 1.1.1 I-a¡ ::J :¡æ.s! :i~ 00:: u-S! w~ U)~ 0:::. We" >=æ w::z: 0::" s:: OJ!! 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IÞ Iii .!G c: ~ ¡;: .!:P ii 8 'E ( en . 03/16/01 16:15 u I4J 005/016 CITY OF NORTH RICHLAND HILLS Route B Begin; Richland Hills Station 7225 Burns Street (Handley Ederville and Burns Street) 1 ) North (L T) on Handley Ederville Road 2) West (L T) on Baker Boulevard Major Employer: Richland Business Centre Major Employer: Silver Leaf Resorts Major Employer: Wide Open West Northeast (RT) on SH 26JGrapevine Highway North (L T) on Blaney Avenue North (RT) on Holiday Lane; cross Loop 820 Interested Employer: City of North Richland Hills West. (L T) on Dick Lewis Drive Major Employer; Richland Point Business Center Interested Employer: Conway Transportation - 5555 Rufe Snow Drive North (RT) on Rute Snow Drive West (L T) on Browning Drive Southwest (L T) on Industrial Park Boulevard Interested Employer: Doskocil Food Systems - 6350 Browning Court Interested Employer: Sealy Mattress and Manufacturing - 6550 Wuliger Way East (L T) on Loop 820 Frontage Road Interested Employer: Sam's Club - 6375 NE Loop 820 Interested Employer: Walmart Super Center - 6401 NE Loop 820 Interested Employer: Home Depot - 6501 NE Loop 820 Interested Employer: Five Star Ford - 6618 NE Loop 820 11) Southwest (RT) on Grapevine Highway/SH 26 12} Southeast (L T) on Rodger Line Major Employer: North Hills Malt 13) South (RT) on Booth Calloway Road Major Employer: North Hills Hospital - 4401 Booth Calloway Road 14) West (RT) on Baker Boulevard 15) South (L T) on Handley Ederville Road 16} West (RT) on Burns 3) 4) 5) 6) 7) 8) 9) . 10) . 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North Richland Hills Shuttle Bus Survey Results EMPLOYER NUMBER OF INTERESTED IN ON SHUTTLE NOT EMPLOYEES SHUTTLE BUS BUS ROUTE INTERESTED IN SHUTTlE BUS North Hills Hospital 767 " " Kimberly Clark 713 " Richland Business Centre 700 " " Tarrant County College 615 " Mega Life & Health Ins. 600 " Wal-Mart 550 " " City of N RH 497 " " Doskocil 300 " " Sam's Club 275 " " Five Star Ford 264 " " Home Depot 230 " " Sealy Mattress Mfg. 230 " " Bates Container 215 " Foley's North Hills Mall 200 " " Expo Design Center 141 " ManorCare Health Servo 135 " Garden Ridge 130 " Walker Building Corp. 200 " Hudiburg Chevrolet-Geo 194 " Con-Way Transportation 165 " " Minyard Food Store 135 " Albertson's 125 " Allen Samuels Dodge 120 " Huggins Honda/Mit~hubishi 100 " Rich/and Pointe Business Center " . e THE BOARD OF:'DIRECTORSOF THE NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT AGENDA MARCH 26, 2001 - 7:00 P.M.* 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. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 427-6060 two working days prior to the meeting so that appropriate arrangements can be made. ' ì--e NUMBER ITEM ACTION TAKEN 1. Call to Order *Meeting will be conducted during the regular City Council Meeting, which begins at 7:00 p.m. 2. CCD 2000-003 Public Hearing to Consider and Act Upon Repealing Application of Sales Tax Holiday Exemption - CCD Order No. 2001-01 (Item Number 10 on the Regular City Council Agenda) 3. Adjournment ~cl ~e POSTED .3 ~d3r{) / f)eep. cJ. '45 Din Tt'me o ~~~. ~ratary / By ~