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HomeMy WebLinkAboutCC 2000-03-27 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MARCH 27, 2000 - 5:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. I NUMBER I ITEM I ACTION TAKEN I 1. Discuss Items from Regular March 27, 2000 City Council Meetina (5 Minutes) 2. IR 2000-035 Big Fossil Creek Watershed Flood Damage Reduction Study (10 Minutes) 3. *Executive Session - The Council may enter into closed executive Session to discuss the following: a.) Deliberation Regarding Real Property as authorized by Government Code § 551.052 (40 Minutes) Land Acquisition b.) Deliberation Regarding Economic Development as authorized by Government Code § 551.086 (45 Minutes) Prospect for Commercial Development 4. Adjournment - 6:50 pm *Closed due to subject matter as provide by the Open Meetings Law. If any action is contemplated, it will be taken in open session POSTED y1'\ JvV JÅ\ d. "'l, ;) /) b I) '_"II"" ~""-- ."....--...- D¿:t¿~ ~r~~_ ~. ......... "_~"'.'. .,,,........ ...~..,.~.....,....M.A_...'''''..,,''''-..... ~._ ~~ __'D>_'- __ _ A.c..1 ....;...,"......., , . ~"\T~.~,~ ~ l' " L. ...._.,.,_.~__..._... ~."-' .~.-.,....,'--..,_."'_._".,-- ",. ,.-. ,.. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 27, 2000 -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 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 - 13. I Pledge of Allegiance I 14. I Special Presentations I 5. Removal of Item(s) from the Consent Agenda City Council Agenda 3/27/00 Page 2 6. Consent Agenda Item(s) a. Minutes of the Pre-Council Meeting February 28, 2000 b. Minutes of the Council Meeting February 28, 2000 c. Minutes of the Work Session Meeting February 28, 2000 GN 2000-24 d. Approving the Master Advance Funding Agreement with TXDOT for the Implementation of ISTEA and TEA-21 Federally Funded Program Grants - Resolution No. 2000-22 GN 2000-25 e. Amendment to Contract Authorizing Pass- Through State Grant Agreement for NETS GN 2000-26 f. Juvenile Accountability Incentive Block Grant - Resolution No. 2000-21 PU 2000-14 g. Contract Renewal with VMC Landscape Services for Mowing of Rights-of Way PU 2000-15 h. Award Bid for HV AC Replacement to Walker Mechanical in the Amount of $52,937 PU 2000-16 i. Award Bid for Loader to Continental Equipment Company in the Amount of $94,270 PU 2000-17 j. Award Bid for Installation of Sod at Cross Timbers Park to Thomas Brothers Grass- Resolution No. 2000-20 PU 2000-18 k. Award Bid for the NRH20 Annual Food Supply Contract to Ben E. Keith Foods - Resolution No. 2000-09 PU 2000-19 I. Award Bid for Traffic Materials Supply Contract to Roadrunner Traffic Supply and Vulcan Signs - Resolution No. 2000-19 PU 2000-20 m. Reject Bid from Classic Tile and Plaster for Pool Refinishing City Council Agenda 3/27/00 Page 3 6. Consent Agenda Item(s) Cont'd PU 2000-21 n. Award Bid for Mower to Professional Turf PU 2000-22 o. Authorize Purchase of Police Vehicles from Showcase Chevrolet in the Amount of $44,040 PAY 2000-01 p. Approve Final Pay Estimate No. 10 in the Amount of $86,415.41 to J.L. Bertram Construction & Engineering, Inc. for Douglas Lane Paving & Drainage Improvements PAY 2000-02 q. Approve Final Pay Estimate No. 12 in the Amount of $44,598.55 to Walt Williams Construction, Inc. for the Miscellaneous 1998 Street Improvements PAY 2000-03 r. Approve Final Payment No. 10 in the Amount of $25,783.56 to WHECO Electric, Inc. for SCADA System Implementation - 1998 PAY 2000-04 s. Approve Final Payment No. 12 in the Amount of $62,670.85 to PKG Contracting, Inc. for Mackey Creek Diversion Channel Improvements 7. PZ 99-27 Public Hearing to Reconsider the Request of Race Trac Petroleum, Inc., for a Special Use Permit to Allow a Convenience Store within 200' of Residential Property on Property Zoned C1- Comercial. The Subject is Platted as Lot 6, Block 2, Walker Branch Addition and is Located in the 8700 Block of Grapevine Highway - Ordinance No. 2450 (Denied by City Council at the 2/14/00 Council Meeting) 8. PZ 99-45 9. PZ 2000-02 10.SRC 2000-01 11. SRC 2000-02 12.SRC 2000-03 13. LRC 2000-02 Public Hearing to Consider the Request of Ernest Hedgecoth for Glenview Bible Chapel for a Zoning Change on Tracts 1A & 1B, William Cox Survey, A -321 from AG-Agricultural to U-Institutional. (Property Located in the 7200 Block of Davis Blvd) - Ordinance No. 2462 Consider Site Plan Review of a Commercial Development within 200' of Residentially Zoned Property on Tract A-1, Block 29, Holiday North Addition, Section 6 and Zoned C2-Commercial. (Property Located at the Southwest Corner of North Richland Boulevard and Davis Boulevard at 5701 Davis Boulevard) Public Hearing to Consider the Request of the Aberfeldy III Limited Partnership to Vary from the Sign Regulations, Section 4.d Signs Attached to Utility Poles, on Lots 1 R & 2, Block 4, Industrial Park Addition in a C2-Commercial Zoning District. (Property Located at 5515 - 5559 Rufe Snow Drive and Known as Commerce Plaza) Public Hearing to Consider the Request of the Aberfeldy III Limited Partnership to Vary from the Sign Regulations, Section 4.d, Signs Attached to Utility Poles on Lot 1 R, Richland Oaks Addition in a C2-Commercial District. (Property Located at 8251 Bedford-Euless Road and Known as Richland Commons) Public Hearing to Consider the Request of Harwood Grapevine L TD to Vary from the Sign Regulations for Canopy Signs on Lot 5, Block 1, Walker Branch Addition in a C1-Commercial District. (Property Located at 8405 Harwood Road) Public Hearing to Consider the Request of Edwin Smith for a Variance to the Landscape Regulations, Ordinance No. 2423, to Allow a 12.7% Landscaped Area where 15% is Required, and to Vary from the Required Landscaping for Parking Lots on Lot 1 R, Block 1, Tapp Addition (Property Located at 5201 Rufe Snow Drive) City Council Agenda 3/27/00 Page 4 City Council Agenda 3/27/00 Page 5 14. LRC 2000-03 Public Hearing to Consider the Request of Teague Nail & Perkins, Inc. for a Variance to the Landscape Regulations, Ordinance No. 2423, Section G-Landscape Setback Adjacent to Public Street Rights-of-Way to Allow a 5.5' Landscape Setback from Browning Court Where a 15-foot Landscape Setback is Required. The Property is Known as Lot AR2, Block 3, Industrial Park Addition in an 12-lndustrial District. (Property Located at 6350 Browning Court) 15. PS 99-42 Consider Request of GSBS Batenhorst for a Final Plat of Lot 1, Block 1, Brentwood Estates Addition. (Property Located in the Northwest Corner of Davis Boulevard and Shady Grove Road) 16.GN 2000-27 Reset Date for Public Hearing to Reconsider Amending Zoning Ordinance No. 1874 to Add Article 12, Neighborhood Parkland Dedication Requirements PZ 99-36 - Ordinance No. 2455 (Denied by City Council at the 2/14/00 Council Meetino) 17.GN 2000-28 Approve Mass Gathering Ordinance - Ordinance No. 2463 18.GN 2000-29 Renew Interlocal Agreement for Animal Housing Services for the City of Watauga - Resolution No. 2000-13 19.GN 2000-32 Approval of Supplemental Agreement with Tri- Cities Trail Committee and Amending the Professional Services Contract with Mesa Design - Resolution No. 2000-23 20. GN 2000-33 Consideration of Opting Out of the Sales Tax Holidav 21. GN 2000-34 Public Hearing to Consider Opting Out of the Sales Tax Holiday 22. GN 2000-35 Council Vote to Opt out of the Sales Tax Holiday 23. CCD 2000-01 Sitting as Crime Control and Prevention District Board, Hold Public Hearing to Consider and Act upon Repealing Application of Sales Tax Holiday Exemotion - CCD Order No. 2000-01 24. GN 2000-36 Approve Public Rights-of-Way Construction Ordinance - Ordinance No. 2464 City Council Agenda 3/27/00 Page 6 25. PW 2000-10 Approve Traffic Impact Analysis Ordinance - Ordinance No. 2461 26. a) Citizens Presentation b) I nformation and Reports 27. Adjournment POSTED 1'4\A.(~ ~1.(,·~()bO .... ~..,,_._.~._--_.._-_.....,---"- ~.. I) ;'?: t e l\ . 0 () (.,W"\ ,,""""'....-_......--.--~.~"'.,-~..,,_..~... -- ~....L."".. ....., ...'..., oJ ~~.~.~~ ~ - _.~ - --,--" - --- -..-- .- -- -.. .- --~ THE BOARD OF DIRECTORS OF THE NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT AGENDA MARCH 27, 2000 - 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. NUMBER ITEM ACTION TAKEN 1. Call to Order *Meeting will be conducted during the regular City Council Meetina, which beains at 7:00 p.m. 2. CCD 2000-01 Public Hearing to Consider and Act Upon Repealing Application of Sales Tax Holiday Exemption - CCD Order No. 2000-01 (Item Number 23 on the Regular City Council Aqenda) 3. Adjournment Secretary of Crime District POSTED fV\MA aL1. '¡)b01> __~______,_.w~___,·_._·~.·~__'___ D'ùte t\ ',DO 4,W") ______._.__...~___..__~.___w_"_____.___ ., f ) .:"[:" (:~ A~~ ~:¡;:;:;~ " .. G " INFORMAL REPORT TO MAYOR AND CITY COUNCIL No., IR 00-035 '- ~ Date: T Subject: March 27, 2000 BIG FOSSIL CREEK WATERSHED FLOOD DAMAGE REDUCTION STUDY Several cities and the North Central Texas Council of Governments have been meeting and discussing this subject for approximately two years. The U.S. Army Corps of Engineers (USACE) has deveioped a potential work program for the study. The study program would investigate and define potential actions that could be implemented to: · Provide policy direction to local governments in the basin study area to stabilize and reduce future floodplain development impacts on Big Fossil Creek. · Identify local flooding problems and offer recommendations for_the implementation of stream bank stabilization, riparian habitat reforestation. wetland protection and creation, and erosion/sedimentation control projects (both Federally funded and locally funded). · Identify ecosystem restoration opportunities through the implementation of stream bank stabilization, riparian habitat reforestatiQn, wetland protection and creation, and '- erosion/sedimentation control projects. · Develop a preliminary recreation and open space plan for proposed project lands. The potential types of localized flood relief and ecosystem restoration projects to be investigated would consist of the creation of wetland areas and detention ponds using on-channel check dams, dams, levees, channels, channel benching, and riparian reforestation. Stream bank stabilization would include a combination of traditional armor protection techniques and vegetative treatments. Because the Big Fossil Creek Watershed Flood Damage Reduction Study is part of the larger Upper Trinity River Feasibility Study, the study can be equally cost shared by the USACE and the local sponsor (NCTCOG on behalf of the participating local governments). The total cost has been estimated to be $1,500,000. With projected assistance from the Texas Water Development Board (TWDB) through a planning grant, the remaining $375,000 would be funded as shown on the cost breakdown labeled Attachment No.1. This would include $75,000 non-cash work-in-kind and $300,000 in cash. If all the prospective participants agree to their share, North Richland Hills' share would be about $21.QOO to be paid in annual payments over a three year period. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ",¥ '." ~ Tarrant County, City of Fort Worth, Haltom City, and Richland Hills have all voiced their support at the planning meetings we have had during the last year. Our share should not increase to more than $30,000 even if Watauga and Richland Hills decide not to participate. Staff recommends NRH participate in the study in a multi-city/county cooperative effort to address overall flood management planning in ,this watershed. NCTCOG needs written assurance from the City concerning its willingness to participate as soon as possible. This is a requirement of the TWDB when applying for a planning grant. With your agreement the City Manager can provide this to NCTCOG in letter format. Also, before the TWDB grant agreement can be finalized, all participants must submit a Council or Commission resolution which grants the right for NCTCOG to apply for the grant in their behalf and states·the intent to commit to participate with cash and in-kind services. This resolution can be brought to you at your next Council Meeting on April 10th. Respectfully submitted, '----' GWD/smm "-- -~ ......+.... ~R~~W~~ M~P 15 2000 \ NRH Pub!ic WOf~~ J _---..-,.......T-...-~'.,.----~~ ~. - '<Uq.e ~tat.e of '<U.exas ~ous.e of ~.epr.es.entati&.es ,,~\E 0;., ::.: "* ¡~ - ... ~ ; J: CAPITOL OFFICE: PO, Box 2910 AUSTIN, TEXAS 78768-2910 512-463-0610 FAX: 512-463-8310 email: sue.palmer@house.state.tx.us Sue Palmer DISTRICT 89 DISTRICT OFFICE: 8101 Boat Club Road Suite 320 FORT WORTH, TEXAS 76179 817 -740-9922 FAX: 817-236-1273 DATE: March 13, 2000 TO: Dale Cheatham, Watauga Greg Dickens, North Richland Hills Bill Eisen, Haltom City Renee Lamb, Tarrant County Hugo Malanga, George Behmanesh, Fort Worth James Quin, Richland Hills FROM: Sue Palmer, State Representative, District 89 SUBJECT: Big Fossil Creek Watershed Flood Damage Reduction Study: Request for Written Assurances and Participant Resolutions At the request of several local govemments in the Big Fossil Creek watershed (see enclosed map), the North Central Texas Council of Govemments (NCTCOG) and the US Army Corps of Engineers (USACE) have developed a potential work program to address flooding and other water resource needs of the communities within the watershed. Your community has been identified as a potential partner in this cooperative effort. The Big Fossil Creek Watershed Flood Damage Reduction Study will be a part of the larger and very successful Upper Trinity River Feasibility Study and the Trinity River COMMON VISION Program. The Feasibility Study was charged by Congress to address the "flood damage reduction, water quality, environmental restoration, recreation and other allied purposes" of the Upper Trinity River basin. The Study is cost-shared on an equal basis between the federal sponsor (USACE) and the local sponsor (NCTCOG on behalf of the participating local governments). The Watershed Flood Damage Reduction Study will be a part of the larger Feasibility Study. This watershed-based effort would identify and evaluate projects to reduce the risk of flood damage in the watershed, including structural and non-structural measures. The total cost of the of this Project Study Plan will be $1.5 million to be phased in over a three-year time frame. COMMITTEES: ENVIRONMENTAL REGULATION, LICENSING & ADMINISTRATIVE PROCEDURES, RULES & RESOLUTIONS The local cost share of the Big Fossil Creek project study plan will be contributed by the local government participants with projected assistance from the Texas Water Development Board (TWDB). We are applying for TWOB funds from the Research and Planning Fund for Flood Protection Planning for this assistance to offset $375,000 of the local cost share. The remaining $375,000 cost share will be composed of $75,000 work in-kind services and $300,000 cash from local government participants. (Please see enclosed cost share breakout proposal.) If your community wants to participate in this watershed and flood study, we need two statements from you to apply for the TWOB funds: Written Assurances and Participant Resolution. Both of these statements are non-binding in nature and express the potential local government participant's interest in the study effort. The Written Assurances from each participant can be in a resolution or letter format and needs to include the statements that: · The proposed planning does not duplicate existing projects with the exception of updating existing flood protection plans. · Implementation of viable solutions identified through the proposed planning will be diligently pursued and identification of potential sources of funding for implementation of viable solutions sought. · If a grant is awarded, written evidence that local matching funds and in-kind services are available for the proposed planning must be provided when the contract is executed. · Applicant is a participant in the National Flood Insurance Program. Although a Council Resolution or Court action could be selected to provide this assurance, you may choose to provide this assurance in a letter format. A letter of assurance listing the point list above may be sent by a city manager, county administrator or the chief elected official. This resolution (or letter) of assurance must be submitted with the TWOB application. We have enclosed a sample letter of assurance for your convenience. A Participant Resolution is needed from the governing body of each participant. The resolution must include language that: · states the entity's representative (NCTCOG) is authorized to apply for a grant from the Texas Water Development Board on your behalf; · grants authority for the entity (NCTCOG) to enter into a contract with the Texas Water Development Board on your behalf; and · states the intent to commit local matching funds in cash and/or in-kind services. The resolution is needed for the TWDB to consider the application. We have enclosed a sample Participant Resolution for your convenience. Your Written Assurances and Participant Resolution both need to be received by NCTCOG no later than March 24, 2000 so that they can be submitted to the TWDB with the application by the March 30, 2000 application deadline. If your community is interested in participation but will not be able to execute resolutions by March 24, 2000, please contact NCTCOG immediately. The Written Assurances and Participant Resolution need to be sent to the attention of: Sam Medlock, Environmental Planner NCTCOG P.O. Box 5888 Arlington, Texas 76005-5888 If you have questions about the application process, please contact Sam by phone at 817/695- 9219 or email smedlock@dfwinfo.com. Thank you for your interest and cooperation in this important opportunity for all the commun~~ State Representative Sue Palmer SP/jet cc: Rep. Joe Barton, Dist. 6 State Rep. Lon Burnam, Dist. 90 State Sen. Chris Harris, Dist. 10 State Senator Jane Nelson, Dist. 9 Gilbert Ward, TWDB Jack Tidwell, NCTCOG Rep. Kay Granger, Dist. 12 State Rep. Bill Carter, Dist. 91 State Sen. Mike Moncrief, Dist. 12 State Rep. Vicki Truitt, Dist. 98 Gene Rice, USACE DRAFT COST BREAKOUT FOR BIG FOSSIL CREEK PROGRAM Potential Work Proaram ost rea out Potential Total Work Proaram Cost $ 1,500,000 Federal Share $ 750,000 Non Federal Share $ 750,000 C B k SCENARIO D - WITH $375,000 STATE ASSISTANCE Proposed Total Cost Share of $375,000 Local Share less $75k local non-cash WIK 3-year breakout Acres within Bia Fossil Creek Watershed City Name Acres Percent Total 1st 2nd 3rd Unincornorated 8815.62 25.18% $75 552 $25,184.00 $25,184.00 $25,184.00 Fort Worth 16,238.66 46.39% $139,170 $46,390.00 $46,390.00 $46,390.00 Haltom City 3,604.97 10.30% $30,900 $10,300.00 $10,300.00 $10,300.00 Watauaa 2,598.41 7.42% $22,269 $7,423.00 $7,423.00 $7,423.00 North Richland Hills 2,378.02 6.79% $20,379 $6,793.00 $6,793.00 $6,793.00 Richland Hills 1,369.02 3.91% $11,730 $3,910.00 $3,910.00 $3,910.00 Saainaw 954.24 2.58% $0 $0.00 $0.00 $0.00 Haslet 673.38 1.82% $0 $0.00 $0.00 $0.00 Keller 314.07 0.85% $0 $0.00 $0.00 $0.00 Blue Mound 0.01 0.00% $0 $0.00 $0.00 $0.00 Total: 36,946.40 100.00% $300,000 $100,000 $100,000 $100,000 NOTES: - * Several participants listed above may not participate. The additional cost would be added to the remaining participant cost share. * Participants not included in the cost-share breakout, but with part of their jurisdiction in the watershed may be included at a later date. Participant cost-shares would be adjusted to reflect additional participants. * NCTCOG is also assessing whether TXDOT would have a role in the program. * TWDB support is based on assumption of one-half of the non federal cost share. * A portion of the local cost share may be in-kind services. DRAFT ATTACHMENT NO.1 Dear Mr. John Promise, P.E. Director of Environmenta North Central Texas C P.O. Box 5 Arlington, This lette t rovide assurances pursuant to the application for funding from the Texas Wa evelopment Board (1WDB) Research and Planning Fund for the pro~ Flood Damage Reduction Study for the Big Fossil Creek watershed. The City of ... is a participant in the proposed study and a portion of our jurisdiction is in the Big Fossil Creek watershed. We understand that the North Central Texas Council of Governments is acting as an administrative agent on our behalf to partner with the U.S. Army Corps of Engineers on the Upper Trinity River Feasibility Study and this Project Study Plan. We are writing to assure that the proposed planning does not duplicate existing projects with the exception of updating existing flood protection plans. Implementation of viable solutions identified through the proposed planning will be diligently pursued and potential sources of funding for implementation will be identified. If a grant is awarded, the City of _ will provide the required written evidence to demonstrate that local matching funds and in-kind services are available for the proposed planning. The City of .. is a p=t in the National Flood Insurance Program. Our CIO number is· ,... The City of _ supports the proposed planning study for the benefit of all the communities in and adjacent to the Big Fossil Creek watershed. Sincerely, - ~'_'~~m_'·'___·,_..~.,·._~...,~_.~.o~~~.,~~_~_.._~.~.~__=,._~.______ RESOLUTION AUTHORIZING TEXAS WATER DEVE FLOOD PROTECTION PLANNING IN T D GRANT FOR TERSHED facilitated local ing watershed s ncil of Governments serves as i Ing local governments in cooperation with the .the Upper Trinity Feasibility Study, which identified t planning as a potential flood damage reduction alternative; and WHEREAS, the Big Fossil Creek Watershed of the Upper Trinity River Corridor is rapidly developing and has historically experienced significant flooding problems; and WHEREAS, municipal and county jurisdictions within the Big Fossil Creek Watershed, including but not limited to Tarrant County and the Cities of Fort Worth, Haltom City, North Richland Hills, and Richland Hills, intend to commit local matching funds in cash and in-kind services for a Rood Protection Planning Study. NOW, THEREFORE, BE IT HEREBY RESOLVED: SECTION 1. That the Executive Director of the North Central Texas Council of Governments is authorized to apply for a grant for Flood Protection Planning from the Research and Planning Fund of the Texas Water Development Board on behalf of the City of_. SECTION 2. That, on behalf of the City of _, the Executive Director of the North Central Texas Council of Governments is hereby authorized to enter into a contract with the Texas Water Development Board for a Flood Protection Planning Study for the Big Fossil Creek Watershed. SECTION 3 That the City of _ intends to commit local matching funds in cash and in-kind services for a Flood Protection Planning Study. Duly passed by the City Council of the City of ... on March 15, 2000. APPROVED AS TO FORM: APPROVED: - City Attorney - Mayor ATTESTED: - City Secretary -< ~ ~ § ~ 00 ~ ~ ~ ~ ~ .~ ''<'~ ~ ~ ~ ~ u ~ ~ 00 00 o ~ ~ ~ == fJo '" ... ~ "" g Õ ¢;:: rfJ >,:,.. ( ) ~ ~ :: ~ ó ~ 5 ~ ã u - ~ .-'~ ë 1: S ¡: ~ 8 &3 o o , M N , N z~ '" " .:: '" ] '" o ¡:p '" '" "0 j'" ;>, '" ¡c¡ '" ] .... '" ~ " 0 ~ õb êd .~ t3:ii3=:2 I II Present: 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 - FEBRUARY 28, 2000 - 5:00 P.M. Charles Scoma JoAnn Johnson Lyle E. Welch Russell Mitchell Don Phifer Matt Milano, Ph.D. r. Oscar Trevino, Jr. Larry Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Greg Dickens Larry Koonce Marcy Ratcliff Andy Jones Jim Browne Vicki Lattice Bill Thornton Mike Curtis Paulette Hartman Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary Attorney Public Works Director Finance Director Director of Planning Fire Chief Director of Parks & Recreation Assistant Parks Director Assistant Parks Director Assistant Public Works Director Adm. Asst. to City Manager Frank Metts, Jr. Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:00 p.m. DISCUSS ITEMS There were no items discussed. FROM REGULAR FEBRUARY 28 AGENDA IR 2000-033 The purpose of the bond rating trip was discussed. Larry K./Larry C. I .....~SCUSS 2000 The Council was advised that the rating meetings .....ùND SALE would be on April 17 and 18 and that those Council members desiring to participate would need to be in New York on or before April 16. The Council reviewed the schedule of Council members who had City Council Minutes February 28, 2000 Page 2 ITEM DISCUSSION ASSIGNMENT attended past rating meetings and discussed who would like to go on this bond rating trip. The Council was advised that Councilman Metts would like to attend. Councilman Mitchell expressed his desire to attend the meetings and Councilman Trevino advised that he would like to be considered as an alternate if for some reason Councilmen Metts or Mitchell needed to cancel. Those who expressed interest were requested to check their schedules, and advise the City Manager of their availability as soon as possible. IR 2000-030 Mr. Dan Quinto gave an overview of the Town Larry C./Steve N. DISCUSSION OF Center project and the status of the development. DEVELOPER Staff reviewed the highlights of the proposed AGREEMENT WITH agreement and areas of the agreement in which NRH TOWN details were still being addressed. There were CENTER several issues and concerns raised by the Council. The Council agreed that they would either submit their comments and concerns to the City Manager or would meet with the City Manager individually. The City Manager will then compile all of the comments into a written document to be forwarded to the Council. ADJOURNMENT Mayor Scoma announced at 5:49 p.m. that the meeting would adjourn to Executive Session for consultation with the Attorney (Roseberry & Reed vs. City) as authorized by Section 551.071 of the Local Government Code. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - FEBRUARY 28,2000 - 6:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order February 28, 2000 at 6:02 p.m. ROLL CALL Present: Charles Scoma JoAnn Johnson Lyle E. Welch Russell Mitchell Don Phifer Matt Milano T. Oscar Trevino, Jr. Absent: Frank Metts, Jr. Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Fort Worth Christian School student Preston Hagin gave the invocation. 3. PLEDGE OF ALLEGIANCE Fort Worth Christian School student Amanda Clark led the pledge. 4. SPECIAL PRESENTATIONS A.) PROCLAMATION - NATIONAL RED CROSS MONTH Mayor Scoma presented Ms. Dawn Eischen with a proclamation, proclaiming February as National Red Cross Month. City Council Minutes February 28, 2000 Page 2 B.) REQUEST FOR OL YMPICSITEAM TRIAL VOLUNTEERS Mayor Scoma introduced Kate Kettles, Dallas 2012 Volunteer Coordinator. Ms. Kettles gave a brief presentation on the three Olympic Trials that are to be held in the next five months in our area. She appealed to the public to participate as volunteers in the Olympic Trials. C.) TRAPS PROMOTIONAL AWARD The City of North Richland Hills Parks & Recreation Department was selected to receive the statewide "Promotional Award" by the Texas Reception and Park Society. This award honors outstanding efforts of a park and recreation department. The award, which is presented to only one park and recreation department for the state of Texas, was presented to Jim Browne at the TRAPS Annual Institute and Trade Show in February. D.) SPECIAL PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30,1998 Mr. Charles Cox, President of the Government Finance Officers Association of Texas, presented the Certificate of Achievement to Mr. Larry Koonce. The City has received the Certificate of Achievement for the last 16 consecutive years. Mr. Koonce recognized Jackie Theriot, Accounting Manager, Phyllis O'Neal and Pamela Knapp for their professional efforts, which made it possible for the City to receive this prestigious award. E.) PRESENTATION OF THE 1998-99 AUDITED FINANCIAL REPORT Mr. Larry Koonce, Finance Director, in conjunction with Mr. Bill Hanley, KPMG Peat Marwick, presented the results of the 1998-99 Annual Financial Report. Mayor Pro Tem Johnson moved, seconded by Councilman Milano to accept the 1998-99 Audited Financial Report. Motion to approve carried 6-0. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Trevino removed 6E, and Mayor Scoma removed 6G. City Council Minutes February 28, 2000 Page 3 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING FEBRUARY 14, 2000 B. MINUTES OF THE COUNCIL MEETING FEBRUARY 14, 2000 C. GN 2000-15 - SET SALARY FOR MUNICIPAL COURT JUDGE - RESOLUTION NO. 2000-05 D. GN 2000-17 - CANCELLATION OF MARCH 13 CITY COUNCIL MEETING E. REMOVED F. PU 2000-07 - AWARD OF BID TO IRRICON FOR SPRING TREE PLANTING AT VARIOUS PARK SITES - RESOLUTION NO. 2000-16 G. REMOVED H. PU 2000-09 - AUTHORIZE PURCHASE OF MOBILE VIDEO/RECORDER CAMERAS FROM KUSTOM SIGNAL IN THE AMOUNT OF $35,930 I. PU 2000-10 - AWARD BID FOR MOTORCYCLES TO KAWASAKI CITY IN THE AMOUNT OF $27,657 J. PU 2000- 11 - AUTHORIZE EMERGENCY PURCHASE OF VEHICLE FROM HUDlBURG CHEVROLET IN THE AMOUNT OF $19,375 K. PU 2000- 12 - AWARD BID FOR DIRECTIONAL BORING MACHINE TO VERMEER EQUIPMENT OF TEXAS IN THE AMOUNT OF $100,725 L. PU 2000-13 - AUTHORIZE CONTRACT EXTENSION FOR UNIFORM CLEANING SERVICES WITH DOVE CLEANERS - RESOLUTION NO. 2000-08 Councilman Trevino moved to approve the remaining items on consent. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. City Council Minutes February 28, 2000 Page 4 6E. GN 2000-22 - AUTHORIZATION FOR EMINENT DOMAIN - RESOLUTION NO. 2000-15 APPROVED Councilman Trevino abstained from discussion and vote. Mayor Pro Tem Johnson moved, seconded by Councilman Mitchell to approve GN 2000-22, Resolution No. 2000-15. Motion to approve carried 5-0, with Councilman Trevino abstaining. 6G. PU 2000-08 - AWARD OF BID TO DEAN CONSTRUCTION FOR CONSTRUCTION OF THORNBRIDGE PARK - RESOLUTION NO. 2000-18 APPROVED Mr. Jim Browne, Parks and Recreation Director summarized the request. Councilman Mitchell moved, seconded by Councilman Trevino to approve PU 2000-08, Resolution No. 2000-18. Motion to approve carried 6-0. 7. LRC 2000-01 - PUBLIC HEARING TO CONSIDER THE REQUEST OF ROBERT LEEPER FOR A VARIANCE TO THE LANDSCAPE REGULATIONS TO ALLOW A FIVE-FOOT LANDSCAPE BUFFER FROM RESIDENTIAL PROPERTY WHERE A 15- FOOT BUFFER IS REQUIRED, ON LOT 3R, BLOCK 1, NORTH PARK PLAZA ADDITION. (PROPERTY LOCATED AT 6500 RUFE SNOW DRIVE) APPROVED Mr. Leeper, representing Dr. Robert Montoya, summarized applicant's request. Ms. Marcy Ratlciff, Director of Planning, summarized LRC 2000-01. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Mitchell moved, seconded by Councilman Phifer to approve LRC 2000-01. City Council Minutes February 28, 2000 Page 5 Motion to approve carried 6-0. 8. PZ 99-46 - PUBLIC HEARING TO CONSIDER THE REQUEST OF THE VINCENT ASSOCIATION + ARCHITECTS FOR U.S. RESTAURANT PROPERTIES, INC., FOR A SPECIAL USE PERMIT FOR A CONVENIENCE STORE WITH A CAR WASH IN A C1-COMMERCIAL DISTRICT. (PROPERTY LOCATED AT 8612 DAVIS BOULEVARD AT THE SOUTHEAST CORNER OF PRECINCT LINE ROAD ON PROPOSED LOT 1, BLOCK 1 , VISTA ADDITION) - ORDINANCE NO. 2459 APPROVED Mr. Richard Gaitwood, representing Vincent Architects, summarized applicant's request. Ms. Marcy Ratcliff addressed request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Councilman Mitchell asked Mr. Gaitwood if applicant would be willing to build up landscape berm. Mr. Greg Dickens advised Council that applicant would need State's approval to build up landscape berm as the berm would occupy TXDOT right-of-way. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Mitchell moved to approve PZ 99-46, Ordinance No. 2459 with the provision that berms be added for landscaping. Councilman Phifer seconded the motion. Motion to approve carried 6-0. 9. PS 99-44 - REQUEST OF LEGO CUSTOM HOME FOR AN AMENDED PLAT OF LOTS 16R & 17R, BLOCK 10,OAK HILLS ADDITION. (PROPERTY LOCATED AT 7216 & 7220 SPRING OAK DRIVE) - (POSTPONED AT 2/14/00 CITY COUNCIL MEETING) APPROVED Mr. Don Pebbles, applicant, summarized his request. City Council Minutes February 28, 2000 Page 6 Ms. Marcy Ratcliff addressed request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mayor Pro Tem Johnson moved, seconded by Councilman Milano to approve PS 99-44. Motion to approve carried 6-0. 10. SRC 2000-04 - PUBLIC HEARING TO CONSIDER REQUEST OF SCOTT TURNAGE FOR A VARIANCE FROM THE SIGN REGUAL TIONS, ORDINANCE NO. 2374, SECTION 13, TO VARY FROM THE ON-RESIDENTIAL MONUMENT SIGN REQUIREMENTS. THE PROPERTY IS KNOWN AS BLOCK 25, SNOW HEIGHTS ADDITION IN AN R2-SINGLE FAMILY DISTINCT. THE PROPERTY IS LOCATED AT 4801 VANCE ROAD (SNOW HEIGHTS ELEMENTARY SCHOOL) APPROVED Ms. Cindy Seale, PT A President - Snow Height Elementary, summarized request asking for the application fee to be waived and the following variances: · 100% variance of Section 2.C.2 - Construction Standards · 100% variance of Section 13.A.3.a.4 - Monument Signs-General · 6 inch variance of Section 12.A.3.c.3.a. - Non-Residential Monument Sign Maximum Height --For a sign located in an area less than 10 feet from the property line the maximum height is 7 feet. Ms. Seale advised Council that the PT A has been working toward replacement of the existing pole sign for 4 years. Ms. Ratcliff addressed request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Trevino moved to approve SRC 2000-04 with requested variances and waiver of the application fee with the provision that the pedestal of the sign be comprised of stone or brick by the end of the next school year (May 2001). Mayor Pro Tem Johnson seconded the motion. Mayor Scoma advised Council that he and the City Manager discussed the waiver of fees, and felt the City should not set a precedent of waiving fees. City Council Minutes February 28, 2000 Page 7 Councilman Trevino restated his motion with the exclusion of waiving the application fee. Mayor Pro Tem Johnson seconded the amendment. Motion to approve carried 6-0. 11. GN 2000-16 - RECONSIDER ACTION ON PZ 99-27 - ORDINANCE NO. 2450, CONCERNING REQUEST OF RACE TRAC PETROLEUM, INC. FOR A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE WITH GASOLINE SALES ON PROPERTY ZONED C1 COMMERCIAL WITHIN 200 FEET OF RESIDENTIAL PROPERTY. THE SUBJECT PARCEL IS PROPOSED LOT 6, BLOCK 2, WALKER BRANCH ADDITION (LOCATED IN THE 8700 BLOCK OF GRAPEVINE HIGHWAY) (DENIED AT THE FEBRUARY 14 COUNCIL MEETING) APPROVED Mayor Pro Tem Johnson asked Council to reconsider action on PZ 99-27. She advised Council that she made an incorrect vote; when this request was brought before Council on February 14, 2000 there were four requests associated with this special use permit. She did not intend to vote against the special use permit. She planned to vote against the applicant's request for replat. Immediately upon voting, she asked staff to have this item placed on the next Council meeting for reconsideration. Mayor Pro Tem Johnson moved, seconded by Councilman Phifer to reconsider PZ 99- 27 at the March 27 Council meeting. Motion to reconsider carried 4-2; with Councilmen Mitchell, Phifer, Milano and Mayor Pro Tem Johnson voting for and Councilmen Welch and Trevino voting against. 12. GN 2000-18 - PUBLIC HEARING FOR THE 26TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NO ACTION REQUIRED Mr. Cunningham summarized GN 2000-18, stating that the proposed amount of dollars for the coming year (26th development block grant year) is estimated at $292,800. Staff is recommending that Council consider reconstruction of Susan Lee Lane from Loop 820 to Lola for this allocation. It will take two years of allocation to completely fund the Susan Lee project. The projected cost for Susan Lee is $673,000, which was based on an estimate for the 1994 Bond Election, at which time it was based on 6-inch asphalt. If a greater amount of asphalt were desired then the city would need additional monies. Staff is recommending Council to approve reconstruction of Susan Lee Lane from the service road at Loop 820 to Lola Drive at a cost of $673,000. City Council Minutes February 28, 2000 Page 8 Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. 13. GN 2000-19 - 26TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION NO. 2000-11 APPROVED Councilman Mitchell moved, seconded by Mayor Pro Tem Johnson to approve Resolution No. 2000-11 outlining the 26tH year CDBG program. Councilman Trevino asked for clarification of the 6 inch thickness of asphalt versus the 8 inch thickness. Mr. Cunningham advised Council that the $673,000, which was identified and estimated, included our old standards - 6 inches of asphalt. Our new standard is 8 inches or concrete. Additional funds will be needed if Council should elect to go to the eight inches. A suggestion of staff would be to bid 6 inches with an alternate bid with 8 inches. Council at that time can determine if they want to spend the additional dollars. Councilman Trevino believes that the city is not taking into consideration the life-cycle cost of the roadway and maintenance cost in the future. He believes the best bet would be to spend the money now and have a better road, then encounter problems later. Councilman Mitchell amended his motion to include the additional $54,000 to construct to the 8 inches of asphalt. Mayor Pro Tem Johnson seconded the amendment. Motion to approve carried 6-0. 14. GN 2000-20 - AN ORDINANCE PRESCRIBING MINIMUM QUALIFICATIONS FOR OPERATION OF A LIMOUSINE SERVICE; REQUIRING A PERMIT FOR ALL VEHICLES OWNED AND OPERATED BY A LIMOUSINE BUSINESS; AND REQUIRING REGISTRATION OF LIMOUSINE DRIVERS - ORDINANCE NO. 2458 APPROVED Mr. Cunningham summarized request outlining the ordinance and application. Councilman Phifer is concerned with the liability limits. He believes that they are too low. City Council Minutes February 28, 2000 Page 9 Councilman Mitchell said that a commercial vehicle has a minimum of 300,000 for combined single limits. Mayor Scoma believes if the Council establishes a minimum, it is the responsibility of the operator/owner to attain more insurance or stand out for the greater risk. Mayor Scoma asked City Attorney Rex McEntire if the limits set by the Council put the city at any exposure. Mr. McEntire advised Council that the city has no liability, but at today's dollar it is a low figure ($50,000) for a commercial car that will carry at least 5 to 6 people. He suggested 100/300/100. Councilman Phifer moved to approve GN 2000-20, Ordinance No. 2458 with a provision that the insurance be 100/300/100 minimums. Mayor Pro Tem Johnson seconded the motion. Motion to approve carried 6-0. 15. GN 2000-21 - CONSIDER ACTION OF TXU ELECTRIC COMPANY REVISED RATE SCHEDULE - RESOLUTION NO. 2000-14 APPROVED Mr. Greg Vick, Managing Director of Community Services, summarized GN 2000-21 advising Council to suspend the request for 90 days. Mayor Pro Tem Johnson moved, to approve GN 2000-21, Resolution No. 2000-14 suspending the request for 90 days and allowing staff to either investigate the matter in house or join the city coalition. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. 16. GN 2000-23 - RECONSIDER ACTION ON PZ 99-36 - ORDINANCE NO. 2455, CONCERNING AMENDING ZONING ORDINANCE NO. 1874 TO ADD ARTICLE 12, NEIGHBORHOOD PARKLAND DEDICATION REQUIREMENTS APPROVED Councilman Mitchell asked Council to reconsider action on PZ 99-36 stating he believes with minor adjustments to the wording of the requirements, the ordinance would be more amenable to the desires of the Council. City Council Minutes February 28, 2000 Page 10 Councilman Mitchell moved to reconsider action on PZ 99-36 at the March 27 City Council Meeting. Councilman Trevino seconded the motion. Motion to approve carried 5-1; with Councilmen Welch, Mitchell, Milano, Trevino and Mayor Pro Tem Johnson voting for and Councilman Phifer voting against. 17. PU 2000-06 - SELECTION OF DR PEPPER BOTTLING COMPANY AS BEVERAGE COMPANY FOR THE PARKS AND RECREATION SYSTEM _ RESOLUTION NO. 2000-17 APPROVED Mr. Jim Browne, Director of Parks & Recreation summarized PU 2000-06. Councilman Milano moved, seconded by Councilman Phifer to approve PU 2000-06, Resolution No. 2000-17. Motion to approve carried 6-0. 18. PW 2000-09 - REVIEW OF THE GOLF COURSE MASTER PLAN AND APPROVE AGREEMENT IN AN AMOUNT NOT TO EXCEED $73,900 FOR ENGINEERING SERVICES WITH DUNAWAY ASSOCIATES, INC. FOR IRON HORSE GOLF COURSE DRAINAGE/EROSION IMPROVEMENTS - RESOLUTION NO. 2000-12 APPROVED Mr. Mike Curtis outlined the Golf Course Master Plan. Councilman Trevino moved, seconded by Councilman Mitchell to approve PW 2000-09, Resolution No. 2000-12. Motion to approve carried 6-0. 19. A. CITIZENS PRESENTATION Mr. Bob Miller, business owner (Alta Mere Window Tinting & Auto Alarms), not in favor of the new portable sign regulations. He would like the ordinance reconsidered. Ms. Elaine Robertson, business owner (Busy B Bakery), she would like to see the sign ordinance reconsidered. Ms. Barbara Morrow, business owner (Jubilation Restaurant & Club), would like to have an opportunity to have a portable sign more than once a year. City Council Minutes February 28,2000 Page 11 Ms. Patricia Austin, business owner (Hale & Hardy Health Food Store), would like to see Council reconsider the sign ordinance, as it is a necessity for new small and new businesses. B. INFORMATION AND REPORTS Winter Break Camp is currently under way at the Recreation Center. If interested, you can call 427-6600. On March 7, North Richland Hills will host the Channel 8 Family First Event. Events will be held at the Birdville High School, Iron Horse Golf Course, and the Blue Line Ice Complex throughout the day to spotlight the city and BISD. The city is currently seeking nominations for the North Richland Hills Volunteer of the Year. If you have any questions, you can call Paulette Hartman at 427-6015. 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:20 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE JOINT WORK SESSION WITH THE CITY COUNCIL AND PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - FEBRUARY 28,2000 - 8:00 P.M. CALL TO ORDER Mayor Scoma called the joint work session to order on February 28, 2000 at 8:27 p.m. Present: City Council: Charles Scoma JoAnn Johnson Lyle E. Welch Russell Mitchell Don Phifer Matt Milano T. Oscar Trevino, Jr. ROLL CALL Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member Planning & Zoning Commission: Don Bowen Chair Ron Lueck Commission Member Doug Blue Commission Member Ted Nehring Commission Member Timothy Welch, P.E. Commission Member James Laubacher Commission Member Joe Tolbert Commission Member Richard Davis Commission Member Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Paulette Hartman Marcy Ratcliff Greg Dickens Absent: Frank Metts, Jr. City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant to City Manager Director of Planning Public Works Director Council Member City Council Work Session Minutes February 28, 2000 Page 2 DISCUSS THE UPDATe OF THE COMPREHENSIVE LAND USE PLAN Mr. Pete Smith, Attorney with Nichols, Jackson, Dillard, Hager & Smith, briefed the Council on vested rights and reviewed the legal aspects of the land use law as it relates to platting, zoning, and site plans. He reviewed how the provisions of Chapter 245 of the Texas Local Government Code will affect development regulations for new development projects, projects in progress and dormant projects and the need to establish expiration dates for permits. He offered recommendations that the Council should consider - 1) establish by ordinance, rules or regulations expiration dates for dormant projects; 2) development regulations which do not contain expiration dates should be amended so that future permits will have expiration dates; 3) amend regulations to specify the effect of an approval and subsequent approvals; 4) provide procedures for extension and reinstatement of projects; 5) establish criteria to determine if an amendment is a continuation of a permit or a new permit; 6) define the differences between minor and major amendments and clearly state that major amendments are new projects; 7) establish when a project is complete; 8) make submittal of preliminary plans voluntary to avoid triggering Chapter 245; 8) new regulations should be included within ordinance that is exempted from Chapter 245, Le., Zoning; 9) require the landowner or developer to specify the applicable regulations for development of a project and provide a basis for the conclusion. Mr. Dan Sefko, Dunkin, Sefko & Associates, presented an overview of the process to update the Comprehensive Plan. The Council was advised that the Planning & Zoning Commission had decided to break the City into four areas and to address one area each month. The Planning and Zoning Commission will be identifying in each of the four areas those areas that need to be addressed and reviewed. Their goal for the completion date of this process is June. There was discussion on the need to hold town hall meetings for public input. It was agreed that because of the 60-day requirement for the Council to act upon the Plan after submission by the Planning & Zoning Commission that the town hall meetings needed to be held by the Planning & Zoning Commission before the draft document is submitted to Council. Comments made by the Council for the Planning and Zoning Commission to consider were: 1) how to address land use along Davis Boulevard, Precinct Line Road, the Cottonbelt Line, etc.; 2) the need to separate zoning such as commercial and office into several categories to allow for different intensities; 3) the feasibility of designating the Smithfield area as a historical district and whether it should be connected to the Town Center; and 4) consider commercial and residential redevelopment zones within the City and how to redevelop and revitalize these areas. The Planning and Zoning Commission advised their plans were to review the Comprehensive Land Use Plan first and then review the Thoroughfare Plan. The Council indicated that they would also like for the Planning & Zoning Commission to submit their recommendations for the Thoroughfare Plan to the Council by June. The Planning and Zoning Commission will forward to the Council through Staff the preliminary drafts as they complete each section of the City, along with the minutes of their meetings. City Council Work Session Minutes February 28, 2000 Page 3 ADJOURNMENT Mayor Scoma adjourned the work session at 10:24 p.m. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS '-- Department: Parks and Recreation/Public Works Council Meeting Date: 3/27/00 Subject: Approving the Master Advance Funding Agreement Agenda Number: GN 2000-24 with TxDOT for the Implementation of ISTEA and TEA-21 Federally Funded Program Grants - Resolution No. 2000-B- The Regional Transportation Council (RTC) met January 13, 2000 and approved the funding for the Cotton belt Extension Project. The Texas Department of Transportation (TxDOT), at their January 27, 2000 meeting, approved funding for the Walker's Creek Trail and Bike Transit Station. The total cost for both trail projects is $2,705,000. The Federal share is $2,264,000, and the City share is $541,000. Additionally, the RTC approved funding for the Rufe Snow Drive Widening Project (including the intersections at Chapman Drive and Hightower Drive) and the Davis Boulevard Restriping Project. The total cost for both street projects is $11,762,000. The Federal share is $6,524,000, and the City share is $5,238,000. In an effort to streamline the agreement process between TxDOT and the City, the Austin TxDOT office developed standard statewide agreements. A Master Advance Funding Agreement (MAFA) will need to be approved by the City. This document contains standard '-- contract language used in our other grant agreements that is required by TxDOT and is agreeable to all cities and counties. Once the MAFA has been executed, a project specific agreement will be executed for each trail and street project. This Local Project Advance Funding Agreement (LPAFA) will contain provisions related only to the local project needs. After the City has approved and executed the MAFA document, a completed LPAFA will be forwarded to the City for execution. Upon execution of the LPAFA, the City will receive a notice to proceed for specific project development. Recommendation: To adopt Resolution No. 2000-22 authorizing the City Manager to execute the Master Advance Funding Agreement with the Texas Department of Transportation for the implementation of ISTEA and TEA-21 federally funded program grants. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Budget Director Page 1 of 1 Highlights of the Master Advance Funding Agreement The development of the Master Advance Funding Agreement (MAFA) is an effort by the Texas Department of Transportation (TxDOT) to develop a "standard" agreement to be used by all cities, counties or other eligible agencies throughout the state for all TEA-21 funded projects. The contract highlights, listed below, are consistent with the Local Project Advance Funding Agreements (LPAFA) the City has executed with TxDOT in the past for ISTEA projects currently funded and in design or under construction. A summary of the main points covered in the Master Advance Funding Agreement is shown below. · Standard Term and Termination clauses included. Any party can terminate with 90 days written notice. · Provides for amendments. · City is responsible for utility companies and coordinating their adjustment. This includes any compensation if justified. · Environmental assessment and mitigation of any problems on the project site is the City's responsibility. · Provides for compliance with the Texas Accessibility Standards and the Americans with Disabilities Act (ADA). · Architectural and engineering services must comply with federal requirements concerning participation by disadvantaged and Business Enterprises (DBEs) and environmental matters. · Construction administration is the State's responsibility unless agreed to otherwise in the Local Project Advance Funding Agreement (LPAFA). · Specific funding requirements for each project will be covered in the LPAFA. · City is responsible for acquisition of right-of-way unless the State agrees to participate as outlined in the LPAFA. All right-of-way purchase rules covered in this Master Agreement are in line with the rules covered in our current contacts with TxDOT. RESOLUTION NO. 2000-22 A RESOLUTION APPROVING THE EXECUTION OF THE MASTER ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE IMPLEMENTATION OF ISTEA AND TEA-21 FEDERALLY FUNDED PROGRAM GRANTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND APPROVING AN EFFECTIVE DATE. WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21 st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the City had applied for and has been awarded CMAQ program grant funds for the Cotton belt Extension Project and the Davis Boulevard Re-striping Project; and WHEREAS, the City had applied for and has been awarded Enhancement program grant funds for the Walker's Creek Multi-Use Trail and Bike Transit Station Project; and WHEREAS, the City had applied for and has been awarded STP-MM program grant funds for the Rufe Snow Drive Widening Project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: SECTION I. The City Council hereby authorizes and directs its City Manager to execute the Master Advance Funding Agreement with the Texas Department of Transportation for the implementation of ISTEA and TEA-21 federally funded program grants, as the act and deed of the City. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 2yth day of March 2000 APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: fr~ ?« APPROVED AS TO CONTENT: I Jim Browne, Director of Parks & Recreation ~~ " CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 3/27/2000 Subject: Amendment to Contract AuthorizinQ Pass- ThrouQh State Grant Agreement for NETS Agenda Number: GN 2000-25 In August 1999, the City Council authorized a contract between the Texas Department of Transportation and the City of North Richland Hills allowing the City to act as the pass- through agency for State funding to the Northeast Transportation Service (NETS). NETS provides on-call transportation service to the elderly and disabled in many cities in northeast Tarrant County. The primary focus of the service is to provide transportation to places of employment and medical appointments. This contract is in effect until August 31, 2000. We have received an amendment to this contract which adds two articles to the agreement and revises a third article. This amendment was necessary in order to implement changes made by the 76th Texas Legislature. The articles being added are articles 49 and 50. Article 49 adds provisions to the agreement that encourage the grant recipient to buy Texas products. Article 50 authorizes the Comptroller to apply grant payments to any debt owed to the State by the recipient. The revision included in this amendment is to article 3 of the contract and refers to requests for reimbursement from the State made by the grant recipient. The revision states that grant recipients may submit reimbursement requests no more than monthly, and that reimbursement requests must be submitted within 45 days of the end of the month in which costs were incurred. In the original contract, there was no limit to the frequency of submitting reimbursement request, and the 45 day time period was tied to the date of the invoice versus the end of the month in which expenditures are made. A copy of the amendment is attached for your review. Administration of this contract does not require the expenditure of City funds, and authorizing this amendment to the contract will not require the expenditure of City funds. Recommendation Authorize the amendment to the contract allowing the City to act as the pass-through agency for State funding to NETS. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number S~~le læu.l.tfJZ It~~ Department Head Signature rlÞ\ Finance Director RECIPIENT: CITY OF NORTH RlCHLAND HILLS SERVICE AREA: Northeast Tarrant County PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT GRANT AGREEMENT NO, 51002FJ014 STATE PROJECT NO, URB 0002(02) STATE URBAN PUBLIC TRANSPORTATION AMENDMENT TO GRANT AGREEMENT AMENDMENT # 1 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS AMENDMENT TO GRANT AGREEMENT made by and between the State of Texas acting by and through the Texas Department of Transportation, hereinafter called the "State", and, CITY OF NORTH RIClll..AND HILLS, herein after called the "Recipient", WITNESSETH WHEREAS, on September 1, 1999, a Grant Agreement was entered into by and between the above-mentioned parties, which Grant Agreement provided for the expenditure of funds pursuant to the provisions of the Transportation Code, Chapter 455, which authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportatiun Code, Chapter 456; and, WHEREAS, as a result of changes made by the 76th Texas Legislature, additional Articles are being added to the Grant Agreement. WHEREAS, the State finds it necessary to revise Article 3, Compensation, Part F. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto agree to amend the above-mentioned Grant Agreement as follows: I. The following articles are hereby incorporated in to the Grant Agreement: ARTICLE 49. BUY TEXAS "The Recipient, shall buy Texas products and materials for use in providing the services authorized in this grant agreement when these products and materials are available at a comparable price and in a comparable period of time. When requested by the State, the Recipient shall furnish documentation of these purchases or a description of good faith efforts to do so." ! ARTICLE 50. DEBT TO THE STATE. "If the comptroller is currently prohibited ITom issuing a warrant to the Recipient because of a debt owed to the state, then the Recipient agrees that any payments owing under the contract will be applied towards the debt or delinquent taxes until the debt or delinquent taxes are paid in fulL" II. Article 3. Compensation, Part F is revised to read: "The Recipient may submit requests for reimbursement to the State no more frequently than monthly using invoice statements acceptable to the State. Requests for reimbursement must be furnished to the State within forty-five (45) days of the end of the month during which the costs were incurred, Additional documentation to support any cost incurred during the billing period may be required at the discretion of the State. At a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item," m. All of the other terms, conditions and provisions of the original Grant Agreement shall remain in full force and effect. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. STATE OF TEXAS RECIPIENT CITY OF NORTH RICHLAND HILLS Certified as being executed for the purpose and effect of activating and! or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order No's 107876 and 1 07947, By: Charles Scoma T'l Mayor It e: Date: APPROVED: By: District Engineer, Fort Worth District Date: End of Contract .' I. CITY OF NORTH RICHLAND HILLS _ Department: Police Department Council Meeting Date: March 27, 2000 Subject: Juvenile Accountability Incentive Block Grant Resolution No. 2000-21 Agenda Number: GN 2000-26 Recently, the Police Department received notification of the Juvenile Accountability Incentive Block Grant Program. This program automatically qualified local units of government to receive funding to be spent among twelve purpose areas to enhance accountability in the juvenile justice system. The City's share was $20,927. In order to receive these funds, a cash match of approximately 11 % is required. Some of the purpose areas include the following: · Building, expanding, renovating, or operating temporary or permanent juvenile correction or detention facilities; · Hiring additional juvenile judges and probation officers; · Hiring additional prosecutors; · Providing funding to enable prosecutors to address drug, gang, and youth violence problems; · Establishment of drug court programs for juveniles to provide continuing judicial supervision over juvenile offenders with substance abuse problems. In reviewing this grant program, it became apparent that none of the purpose areas were appropriate for the Police Department to fund and pursue. Tarrant County Juvenile Services has requested that the City waive its eligibility and designate Tarrant County to receive the City's allocated amount. They have also made this same request of Arlington, Bedford, Benbrook, Euless, Grapevine, Haltom City, Hurst, and Fort Worth. These cities have all expressed support of Tarrant County's request, and are in the process of obtaining the necessary approval. Tarrant County has proposed that a coalition consisting of all the named cities and the County be formed, for the purpose of combining all funds awarded urider this grant. The funds would then be used to benefit the cities at the county level to improve the identification, prosecution, supervision, and treatment of all juvenile sex offenders referred by law enforcement agencies within Tarrant County. Source ot Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Budget Director Page Jot L 1 CITY OF NORTH RICHLAND HILLS By Joining with Tarrant County, the City is relieved of the responsibility of applying for the grant and supplying the cash match requirement, while still reaping the benefit of the proposed use of the funds. Tarrant County proposes to use this year's combined allocation of funds to continue funding the countywide Juvenile Sex Offender program initiated last year under this same type of grant. The program appears to be very successful and worthwhile. The City's only responsibility is to provide a representative from the Police Department to serve on the board of Juvenile Crime Enforcement Coalition. Recommendation: Pass resolution number 2000-21 designating Tarrant County to receive the funds allocated to the City under the Juvenile Accountability Incentive Block Grant. CITY COUNCIL ACTION ITEM Page 2-- of 2_ ...._-."."~.~._-_..~~---------------.~~._._- RESOLUTION NO. 2000-21 WHEREAS, the City of North Richland Hills, Texas has reviewed the Juvenile Accountability Incentive Block Grant, and WHEREAS, It has been decided that the City of North Richland Hills would like to designate Tarrant County Juvenile Services as the intended recipient of the allocated amount, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT the City waives the right to apply for the Juvenile Accountability Incentive Block Grant, and Requests that Tarrant County Juvenile Services receive these funds, and Names Captain Sid Johnson of the Police Department to serve as the City's representative member of the Tarrant County/Fort Worth Juvenile Crime Enforcement Coalition. PASSED AND APPROVED this 2yth day of March, 2000 APPROVED: Charles Scoma, Mayor ATTEST: City Secretary APPROVED AS TO CONTENT: ~Mf~~ Chief of Police APPROVED AS TO FORM AND LEGALITY: Attorney for the City ,. CITY OF NORTH RICHLAND HILLS ',-- Department: Parks and Recreation Council Meeting Date: 3/27/00 Subject: Contract Renewal with VMC Landscape Services for Mowing of Rights-Of-Way Agenda Number: PU 2000-14 The City contracts mowing services for rights-of-way, water tower sites and pump station sites. The current contract with VMC Landscape Services was executed March 29, 1999 and can be renewed for two consecutive one year periods. The previous contract has expired and according to the terms of the contract, VMC Landscape Services is required to submit a renewal proposal with any price changes. Attached is their renewal proposal, which indicates a 2.2% increase in accordance with the Consumer Price Index for the year. VMC Landscape Services has held this contract since March 29, 1999 and has performed well during this time. Response to requests and concerns have been effectively handled in a timely manner. Based on their past performance, staff recommends renewing their contract for an additional one (1) year period. Although the total contract amount is based on a maximum of 36 mowing cycles, the number of cycles per mowing season is contingent upon the weather, the amount of "-- rainfall and growing conditions in any given year. The total expenditure for 1999 was $75,940 of the total possible contract amount of $86,586. Recommendation: To approve the renewal of the mowing services contract with VMC Landscape Services for an additional one (1) year period in the amount of $88,491. Finance Review '"-, Source of Funds: Bonds (GO/Rev.) Operating Budget Other - C~ ~~~ Account Number 405-2008-712.42-15 Suff~t Funds ~V~iI'l~ ~~ Budget Director (fJ r De artment Head Si nature Page 1 of 1 ·_.._,~-".,._---~.".~_.~-,~~.._._--~--~~"-----~~~~~". VMC Landscape Services,lnc. . January 20, 2000 City of North Richland Hills Attn: Tim Hightshoe P.O. Box 820609 North Richland Hills, Texas 76182-0609 RE: R.O.W., Median and Various Sites Mowing Dear Tim: We would like to renew our current contract, bid number 99-862, for the 2000 mowing season. According to the contract section "CONTRACT PERIOD", we have the ability to increase our contract price by not exceeding the Consumer Price Index. We would like to exercise this option and increase our contract price in accordance to the Consumer Price Index, which is currently 2.2%. This will bring the annual contract price to $88,490.89. Thank you for your patronage to VMC Landscape Services, Inc. We look forward to another great year. Sincerely, /3 fl»-l iu Bruce Verdick Operations Manager 2561 Merrell Rd,· Dallas, Texas 75229·972,481-1616· Metro 972,445-5654· Fax 972-481-1235 CITY OF NORTH RICHLAND HILLS ."--..- Department: Finance / Support Services Council Meeting Date: 3/27/2000 Subject: Award Bid for HV AC Replacement to Walker Mechanical in the Amount of $52,937 Agenda Numbe~u 2000-15- In the 1999/2000 approved budget, Council appropriated funds for the replacement of the HV AC equipment at Fire Stations One, Three and Four. The HV AC equipment being replaced is a part of the long-range capital improvement program for City facilities. Formal bids were solicited and the results are outlined below. Walker Mechanical Klund Heat & Air AirWise Heat & Air Energy Systems of Texas Decker Mechanical Imperial Construction $52,937 $52,993 $53,500 $62,490 $73,337 $85,458 The project will include replacement of the old equipment, electrical alterations, and roof \'-.- repairs as may be required to complete the installation. Walker Mechanical has completed projects for the City and has done a satisfactory job. They met all the specifications and general conditions of the bid and can complete the project within 60 days. Recommendation: To award the bid for HV AC replacement to Walker Mechanical in the amount of $52,937. Source of Funds: Bonds (GO/Rev.) Operating Budget ~ rn~~æ c;J De artment Head Si nature Finance Review Account Number 505-7022-7012.72-10 nt Funds Available ~ udget Director Page 1 of ..L CITY OF NORTH RICHLAND HILLS ",-- Department: Finance / Support Services Council Meeting Date: 3/27/2000 Subject: Award Bid for Loader to Continental Equipment Company in the Amount of $94,270 Agenda Number ,PU 2000-16 In the 1999/2000 approved budget, Council appropriated funds for the purchase of an articulating loader to be used by the Public Works Department. Formal bids were solicited and the results are outlined below. Continental Equipment Future Equipment Company $ 94,270 $ 94,848 $109,313 $120,946 RDO Equipment Darr Equipment Company This loader will replace a 1974 model that meets the age and replacement criteria. Continental Equipment met all the specifications and general conditions of the bid and can deliver the equipment within 120 days. ',,-- Recommendation: To award the bid for the articulating loader to Continental Equipment Company in the amount of $94,270. Finance Review '- Source of Funds: Bonds (GO/Rev.) Operating Budget O~er - uJ ~O<J (¿ø De artment Head Si nature Budget Director Page 1 of ...L ........ ;>- CITY OF NORTH RICHLAND HILLS "-.-. Department: Parks and Recreation Council Meeting Date: 3/27/00 Subject: Award of Bid for Installation of Sod at Cross Timbers Park to Thomas Brother Grass Resolution No. 2000-20 Agenda Number: PU 2000-17 Included in the 1999/2000 CIP Budget, Council appropriated funds for the purchase and installation of the sod at Cross Timbers Park. Formal bids were solicited for a contractor to provide and install TIF 419 sod on the baseball fields at the park, and buffalo grass sod on the slopes surrounding the restroom and concession buildings. The results are outlined as follows: Thomas Brothers Grass Sprinkle n' Sprout C. Slator Construction Greenscaping Tex Turf $64,617.75 $80,968 $97,175 $111,823 $58,990 (Did not meet minimum specifications) The bid submitted by Tex Turf Sod was disqualified because it did not include the required bid bond in their bid package. Thomas Brothers Grass submitted the lowest most qualified bid in the amount of $64,617.75. '-- This complies with City Council Goal #5 "enhancing the quality of life with quality parks, open spaces and trails". It also can be referenced in City Council Goal #2 in "raising the standards for landscaping and establishing community pride and identity". Recommendation: To award the bid for installation of sod at Cross Timbers Park to Thomas Brothers Grass in the amount of $64,617.75 and pass Resolution No. 2000-20 authorizing the City Manager to execute the contract Finance Review c ~'-- ûJ ~.~. De artment Head Si nature Account Number 125-0000-604.79-00 Sufficient Funds Available ~~ . Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other '-- Finance Director Page 1 of 1 RESOLUTION NO. 2000-20 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with Thomas Brothers Grass for the Installation of Sod at Cross Timbers Park, as the act and deed of the City. PASSED AND APPROVED this 27th day of March, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: /3JÁ ~ Rex McEntire, Attorney for the City APPROVED AS TO CONTENT: c U-:::;r<:u- --' - Jim Browne, Director of Parks & Recreation · , CITY OF NORTH RICHLAND HILLS ~ Department: Finance I Parks & Recreation Council Meeting Date: 3/27/2000 Subject: Award Annual Food Supply Contract for NRH20 to Ben E. Keith Foods - Resolution No. 2000-09 Agenda Number: PU 2000-18 Request for Proposals were solicited for an annual contract to supply food items for NRH20 Water Park. Bidders were requested to submit prices on a list of specific food items as well as specific brands that were high volume sellers in the 1999 season. Attached is a breakdown of the prices submitted. Evaluation factors include brand of food item offered, price, quality, and customer service response. Staff also tested various items offered by vendors. Staff recommends the contract be awarded to Ben E. Keith Foods based on the evaluation factors listed above. Ben E. Keith Foods has an excellent reputation and provided very reliable service to NRH20 during the 1995 through 1998 seasons. All the brands offered by Ben E. Keith Foods meet the specifications for high quality and availability. They will also install an on-line ordering system that will allow the park to take advantage of the distributor's full inventory. Bassham Foods does not stock all our products on a regular basis, which leads to delivery shortages and they do not have an on-line ordering system. Recommendation: To award the annual food supply contract for NRH20 to Ben E. Keith ',- Foods and pass Resolution No. 2000-09 authorizing the City Manager to execute the contract. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other [JJ ~m~;'~ s;~re Budget Director - c Page 1 of 1 RESOLUTION NO. 2000-09 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with Ben E. Keith Foods for the annual food supply contract for NRH20, as the act and deed of the City. PASSED AND APPROVED this 27th day of March, 2000. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary Rex McEntire, Attorney for the City APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO CONTENT: Labe.~nance Food Service for NRH20 Bid # 00-908 Products Ben E. Keith Bassham Foods Sysco Foods Grill Top Burger 3 oz. (22823-761) $20,959.20 $21,319.20 $21,924.00 Hotdogs all meat 6/1 Ballpark 0.00 0.00 3,648.00 Hotdogs all meat 6/1 (21253) Decker 3,600.00 3,870.00 0.00 BBQ Sauce wlchppd brisket wI TVP 1,496.00 1,387.50 1,583.00 Bacon - raw (Iayed out) 164.00 96.00 163.25 Premio's Pizza 6.4oz - (4) cheese 6,576.00 6,825.00 7,225.50 Premio's Pizza 6.4oz - pepperoni 8,940.00 9,160.00 8,650.00 Corn dogs 6/1 2,055.00 2,110.00 2,325.00 Western Zesty Twirl Crispers (0746) 1/3" 11,160.00 11,280.00 16,762.50 Hot Top2 Jalapeno Cheese Sauce 5,077.50 5,127.00 0.00 Sliced American Cheese 423.30 516.00 519.00 Waffle Cones - large 1,350.80 1,364.00 1,584.00 Medium Cake Cones 1,243.20 1,645.44 1,660.00 Large Cake Cones 1,076.00 1,086.00 1,262.00 Bulk Cookies - Old Fashioned Variety 916.50 915.00 1,110.00 Bite Size Cookie Variety Box (30008) 1,371.20 1,358.40 0,00 Potato Chip Regular 471.80 525.35 579.25 Potato Chip Baked Lays 213.90 234.75 233.10 Potato Chip Ruffles - Bulk 356.48 386.88 440.00 Tortilla Chips - Triangle White 1,251.00 1,275.00 2,160.00 Baked Beans 224.30 194.20 237.50 Potato Salad wI mustard 447.66 478.80 600,30 Ketchup (can) 1,023.00 1,204.50 1,271.25 Ketchup packets (PPI) 199.20 137.40 433.20 Mustard 132.66 131 .40 297.00 Mustard Packets 145.20 343.20 430.50 Relish Packets 138.72 139.20 219.60 Liquid Vegetable Fryer Oil 1,139.85 472.50 540.00 9" paper plates 276.60 239.40 459.75 Cardboard Pizza Box - 8" 1,529.00 1,650.00 2,100.00 Tall Folded Dispenser Napkins 551.00 684.00 660.00 Food Trays, quarter pound #25 111.30 95.00 165.00 Food Trays, one pound #100 156.9 129.00 191.50 Food Trays, two pound #200 429.25 381 .25 578.75 Food Trays, three pound #300 135.90 117.50 194.50 Plastic forks (wrapped) - md weight 199.68 191.40 0.00 Plastic spoons (wrapped) - md weight 648.45 652.50 0.00 1 oz. Paper Souffle Cup 2,809.20 3,570.00 2,130,00 Pink Dish Soap 184.68 174.00 210.00 Degreaser Cleaner 220.50 209.85 277.50 TOTAL $79,404.93 $81,676.62 $82,824.95 CITY OF NORTH RICHLAND HILLS Department: Finance / Public Works Council Meeting Date: 3/27/2000 Subject: Award Bid for Traffic Materials Supply Contract to Agenda Number: PU 2000-19 Roadrunner Traffic Supply and Vulcan Signs - Resolution No. 2000 -19 As part of the 1999/2000 approved budget, Council appropriated .funds for the purchase of various traffic materials. Formal bids were solicited last October for a company to supply all the required materials under an annual contract and the bid was rejected because only one complete bid waS submitted. In an effort to obtain competitive bids, the specifications were revised and formal bids were solicited a second time. Attached are the results. Vendors were supplied a list of items and estimated quantities to bid on and will be required to hold the prices for a one year period. Sign blanks, sign faces, street markers, and reflective sheeting are some of the items included under this contract. Materials will be ordered and delivered on an as need basis. Staff is requesting the bid for reflective sheeting be awarded to Vulcan Signs in the amount of $48,323.91 and the bid for the sign blanks, faces, street markers and miscellaneous items be awarded to Roadrunner Traffic Supply in the amount of $37,956.70. '-- The bid submitted by Centerline Supply did not meet the minimum specifications in several areas. Also Centerline specified that the City must take immediate delivery of all supplies to qualify for their bid pricing. The City does not have the storage space to make this a practical option. Roadrunner Traffic Supply and Vulcan Materials met all the specifications and general conditions of the bid. Roadrunner Traffic Supply is a local business and registered as a Historically Underutilized Business with the State. The City has been doing business with them for a number of years and they have always delivered quality materials and within the requested delivery time and are also very prompt with emergency order deliveries. Recommendation: To award the annual contract for miscellaneous traffic materials as listed above 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. 2000-19 - authorizing the City Manager to execute the contracts. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other qt} Budget Director ~- Page 1 of RESOLUTION NO. 2000-19 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the annual contract for miscellaneous traffic materials to Roadrunner Traffic Supply in the amount of $37,956.70 and the annual contract for reflective sheeting to Vulcan Signs in the amount of $48,323.91, as the act and deed of the City. PASSED AND APPROVED this 27th day of March, 2000. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO CONTENT: .~ e, Director of Finance Traffic Supply Contract Bid #00-898 Centerline Roadrunner Vulcan Lectric Description Size Qty Supply Supply Signs Lites Aluminum Sign Blanks Pentagon 30x30 15 $164.25 No Bid No Bid Diamond 30x30 100 1,095.00 No Bid No Bid Octagon - Anodized 30x30 200 2,190.00 No Bid No Bid 36x36 200 3,044.00 No Bid No Bid Rectangle - Anodized 48x24 25 341 .25 No Bid No Bid 48x18 20 211.40 No Bid No Bid 42x24 10 122.20 No Bid No Bid 36x36 10 155.00 No Bid No Bid 36x30 10 130.50 No Bid No Bid 36x12 10 56.60 No Bid No Bid 30x30 20 220.20 No Bid No Bid 29x30 10 110.10 No Bid No Bid 24x48 40 554.80 No Bid No Bid 24x36 20 211.40 No Bid No Bid 24x30 20 178.60 No Bid No Bid 24x24 20 145.60 No Bid No Bid 18x48 40 422.80 No Bid No Bid 18x18 20 89,00 No Bid No Bid 18x12 50 160.00 No Bid No Bid 6x12 100 160.00 No Bid No Bid Round 36 10 162.50 No Bid No Bid Rectangle - Flat 9x30 150 541,50 No Bid No Bid 9x36 150 633.00 No Bid No Bid 9x42 150 726.00 No Bid No Bid 9x48 150 820.00 No Bid No Bid 9x54 150 910.50 No Bid No Bid This section must all be ordered at one time to receive these prices from this bidder. The City does not have the necessary space to store all items and will receive on an as need basis Centerline Roadrunner Vulcan Lectric Description Size Qty Supply Supply Signs Lites Group A Cont' Sheeting 3M Scotch lite 18x100 yds 5 rolls 632.50 678.00 No Bid TPM5 ECF 24x100 yds 5 rolls 805.00 802.00 No Bid Clear Transfer Tape 36"x100 yds 5 rolls 1,265.00 1,207.00 No Bid 3M Reflective - White 36x50 yds 5 rolls 6,750.00 9,471.00 No Bid Hi Intensity 3M Scotch lite Electro 36"x50 yds Cut Film Blue 1 roll 800.00 783.20 No Bid Green 4 rolls 3,200.00 3,132.80 No Bid Red 3 rolls 2,400.00 2,349.00 No Bid 3M Scotchlite, Engineer Grade Green 12" 30 rolls 4,950.00 4,770.00 No Bid Black 36" 12 rolls 5,940.00 4,125.96 No Bid Red 36" 1 0 rolls 4,950.00 4,470.00 No Bid Yellow 36" 6 rolls 2,970.00 2,682.00 No Bid Blue 36" 10 rolls 4,950.00 4,470.00 No Bid Orange 36" 3 rolls 1,485.00 1,341.00 No Bid White 36" 30 rolls 14,850.00 13,410.00 No Bid Sign Faces Stop Faces 30x30 150 1,546.50 1,062.00 No Bid No Parking 18x24 50 247.00 170.00 No Bid Crime Watch 18x24 50 317.00 186.50 No Bid Miscellaneous Suprlock, square 1 3/4" 200 770.00 No Bid No Bid Suprcross 400 1,476.00 No Bid No Bid Round Suprlock 200 770.00 No Bid No Bid Tool 2 7,90 No Bid No Bid Barricade Sheeting engineer grade, orange/ white, reflective 6" left stripe 8x50 yds 12 rolls 1,296.00 1,380.00 1,386.00 6" right stripe 8x50 yds 12 rolls 1,296.00 1,380.00 1,386.00 '_"""'''__''Wß~_~'_~~~_''_'~''-'~_______'____''''_ Centerline Roadrunner Vulcan Lectric Description Size Qty Supply Supply Signs Lites 2 way Amber Square 4" 500 420.00 No Bid 475.00 1 way clear, square 4" 500 410.00 No Bid 470.00 Yellow, round 4" 2000 800.00 No Bid 900.00 White, round 4" 2000 800.00 No Bid 860.00 Hot Tape 8x30 ft. 75 rolls 2,745.00 No Bid 4,590.00 Hot Tape - white Right curve arrow 8ft 10 pkgs. 1,120.00 No Bid 1,840.00 Left curve arrow 12 ft 10 pkgs. 1,120.00 No Bid 1,840.00 Left combo arrow 12 ft 10 pkgs. 984.00 No Bid 1,640.00 Right combo arrrow 12 ft 10 pkgs. 984.00 No Bid 1,640.00 X-ing legends, white 8ft 2 pkgs. 170.00 No Bid 266.00 School legends 8ft 2 pkgs. 246.00 No Bid 410.00 Recommended Contract Award $37,956.70 $48,323.91 1 Does not meet Specs CITY OF NORTH RICHLAND HILLS \,- Department: Finance / Parks & Recreation Department Council Meeting Date: 3/27/2000 Subject: Reject Bid from Classic Tile for Pool Refinishing Agenda Number: PU 2000-20 In the 1999/2000 approved budget, Council appropriated funds to refinish the endless river, body slide catch pool and the activity pool at NRH20. Formal bids were solicited for these areas to be refinished with Pebble Tec and only one bid was received from Classic Tile and Plaster. Staff is requesting this bid be rejected and authorization to re-bid the project later in the summer in an effort to receive competitive bids from additional contractors. Recommendation: To reject the bid submitted by Classic Tile and Plaster and authorize Staff to re-bid the project. ." Finance Review ~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other _ oJ ~-~-.J-- Department Head Signature Budget Director ., '- CITY OF NORTH RICHLAND HILLS '--' Department: Finance / Parks and Recreation Department Council Meeting Date: 3/27/2000 Subject: Award Bid for Mower to Professional Turf Products in the Amount of $17,950 Agenda Number: PU 2000-21 In the1999/2000 approved budget, Council appropriated funds for the purchase of a Reel Master mower to be used by the Parks & Recreation Department. Formal bids were solicited and the results are outlined below. Professional Turf Products $17,950 $18,380 $23,859 Turf Professional Products MTI Distributing Company This equipment will be used in the areas where hybrid turf is planted on sports fields. This type of equipment is required in order to maintain the turf at a high quality level for sports play and tournaments. It will also minimize turf damage due to maintenance traffic. '-- Professional Turf Products met all the specifications and general conditions of the bid and can deliver the equipment within 45 days. Recommendation: To award the bid for a Reel Master mower to Professional Turf Products in the amount of $17,950. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ Budget Director "'- ~ :::5sr~. ~ De artment Head Si nature Finance Director P~n... 1 nf 1 CITY OF NORTH RICHLAND HILLS ~ Department: Finance / Police Department Council Meeting Date: 3/27/2000 Subject: Authorize Purchase of Impalas from Showcase Chevrolet in the Amount of $44,040 Agenda Number: PU 2000-22 The Police Department received a Local Law Enforcement Block Grant, award number 1999-LB-VX-7628, to be used to purchase two vehicles. These vehicles will replace two School Resource Officer Vehicles. Council awarded the bid for 2000 year model Impalas to Showcase Chevrolet at the February 28,2000 meeting (PU 2000-11). The bid price of $22,020 for the Impala will be good until March 31, 2000. The amount of the grant, including the City match is $38,804. The balance of $5,236 can come from the seized funds account. Recommendation: Authorize the purchase of two Chevrolet Impalas from Showcase Chevrolet in the amount of $44,040. '- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Budget Director \.-- Finance Director Page 1 of .....1. , '~,... ~ ." CITY OF NORTH RICHLAND HILLS -.. Department: Public Works Council Meeting Date: 3/27/00 Subject: Approve Final Pay Estimate No. 10 in the Amount of Agenda Number: PAY 2000-01 $86,415.41 to J.L. Bertram Construction & Engineering, Inc. for Douglas Lane Paving and Drainage Improvements This CIP project consisted of reconstructing and widening Douglas Lane from an 18-foot wide asphalt street to a 41-foot wide concrete street. The project began at Bursey Road and ended at Starnes Road. The project was awarded by Council on 12/14/98, PW 98-25, for $1,345,380.64 to J.L. Bertram Construction & Engineering, Inc. Final payment will make the contractor's total earnings on the project $1,247,222.59, which is $98,158.05 under the contract amount. The savings are a result of unused paving, storm drainage and utility items. The contractor substantially completed this project before the contract completion date of January 1,2000. The project is now totally complete with all final adjustments having been made. Recommendation: To approve final payment in the amount of $86,415.41 to J.L. Bertram '-- Construction & Engineering, Inc. for Douglas Lane Paving and Drainage Improvements. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other øJ Account Number 20-04-02-6000/02-64-15-6000 SUff~nt Funds AvallaDle U~-~;¿-;¿tHjUUU Finance Director ''-.-- Budget Director Page 1 of _ · KNOWLTON-ENGLlSH-F LOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas March 16, 2000 Mr. Gregory W. Dickens, P.E. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-391, CITY OF NORTH RICHLAND HILLS DOUGLAS LANE, PAVING AND DRAINAGE IMPROVEMENTS CONTRACTOR'S ESTIMATE NO.10 and FINAL Enclosed is one (1) copy of contractor's Partial pay Estimate NO.1 0 and Final, dated March 16,2000, made payable to J.L. Bertram Construction & Engineering, Inc., in the amount of $86,415.41 for materials furnished and work performed on the referenced project as of February 29,2000. The quantities and condition of the project have been verified on-site by your representative, Mr. Scott Walker, as indicated by his signature on the estimate dated, March 13, 2000, and we have checked the item extensions and additions. The following is a summary of the final project status: CONSTRUCTION THIS TOTAL CONTRACT PERC. CA TE~ORY MONTH EARNINGS AMOUNT COMPL. Pavina $66,274.76 $916,609,60 $992,904.97 92.32% Drainaae 14,327,15 214,342.89 230,013.82 93.19% Water 3,049.43 60,988.70 67,713,70 90.07% Sewer 2,764,07 55,281.40 54,748,15 100,97% TOTALS $86,415.41 $1,247,222.59 $1,345,380.64 92.70% Calendar Davs(*) 294 320 91 ,88% (*) Note: Substantially complete on December 5, 1999 Contractor earnings total $1,247,222.59, which is $98,158.05 under the construction contract amount of $1 ,345,380.64. A construction project status report is enclosed which shows the difference in the as-built versus originally estimated quantities of construction. Most of the project savings are associated with unused paving, storm drainage and utility items such as asphalt prime coat, misc. asphalt transition material, sidewalks, fencing materials, unused grass sodding, extra storm drain pipe, erosion control, water meter adjustments and unused paving, drainage and water contingency funds. 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021-5826· 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389 March 16,2000 3-391, CITY OF NORTH RICHLAND HILLS DOUGLAS LANE, PAVING AND DRAINAGE IMPROVEMENTS CONTRACTOR'S ESTIMATE NO.1 0 and FINAL The two year period of maintenance begins on this date and will terminate on March 16, 2002. The maintenance obligation includes repair of storm drain lines, water lines, sanitary sewer line breaks or stoppage resulting from improper embedment, compaction, backfill or poor workmanship. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures. In the absence of any negative comments concerning the condition of this project, and after an Affidavit has been furnished by the Contractor affirming that there are no outstanding claims against the Contractor associated with this project, then we recommend that this final partial payment, in the amount of $86,415.41, be made to J.L. Bertram Construction & Engineering, Inc., 1007 Harrison Avenue, Arlington, Texas 76011. Please call if you have any questions concerning this project. · Oa--:- RICHARD W. ALBIN, P.E., Vice-President RW AIra/Final.doc Enclosures Cc: Mr. Mike Curtis, P.E., Assistant Public Works Director Mr. Scott Walker, City Inspector Mr. James G. Humphrey, J.L. Bertram Construction & Engineering, Inc. Knowlton-English-Flowers. Inc. 03/16/00, Page 2 of 2 .. CITY OF NORTH RICHLAND HILLS '- Department: Public Works Council Meeting Date: 3/27/00 PAY 2000-02 Agenda Number: Subject: Approve Final Pay Estimate No. 12 in the Amount of $44,598.55 to Walt Williams Construction, Inc. for the Miscellaneous 1998 Street Improvements This CIP project consisted of reconstructing 3 asphalt residential streets from the 1994 Bond Program with reinforced concrete pavement. The streets were: -Sudbury Way (Dorchester Trail to Little Ranch Road) -Wyoming Trail (Bedford-Eu/ess Road to Jerri Jo) -Briley Drive (Vance Road to Blaney Avenue) The project was awarded by Council on 10/12/98, PW 98-20, to Walt Williams Construction, Inc. for $791,498.44. Final payment will make the contractor's total earnings on the project $747,602.24, which is $43,896.20 under the construction contract amount. Most of the project savings are associated with unused paving items, storm drainage items and contingency funds. The contractor substantially completed this project before the contract completion date of \.- November 1, 1999. The project is now totally complete with all final adjustments having been made. Recommendation: To approve final payment to Walt Williams, Inc. in the amount of $44,598.55 for this project. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number 20-04-01-6000/20-03-07-6000 Sufficient Funds AvallaDle ¡W-U4-U~-ÖUUU I~ Finance Director Budget Director qJ Page 1 of _ · KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth,Dallas March 8, 2000 Mr. Gregory W. Dickens, P.E. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-392, CITY OF NORTH RICHLAND HILLS MISC. 1998 STREET IMPROVEMENTS ON SUDBURY WAY, WYOMING TRAIL & BRILEY DRIVE CONTRACTOR'S ESTIMATE NO. 12 and FINAL Enclosed is one (1) copy of contractor's Partial pay Estimate No. 12 and Final, dated March 8, 2000, made payable to Walt Williams Construction, Inc., in the amount of $44,598.55, for materials furnished and work performed on the referenced project as of February 29, 2000. The quantities and condition of the project have been verified on-site by your representative, Mr. Ken Matheson, as indicated by his signature on the estimate dated, March 7, 2000, and we have checked the item extensions and additions. The following is a summary of the final project status: MISC. 1998 STREET IMPROVEMENTS, CONSTRUCTION STATUS CONSTRUCTION THIS TOTAL CONTRACT PERC, CATEGORY MONTH EARNINGS AMOUNT COMPL, Pavinq $40,743,83 $690,995,54 $721,326,44 95.80% Drainaqe 1,594,00 29,980,00 36,362,00 82.45% Utilities 2,260,72 26,626,70 33,810,00 78.75% TOTALS $44,598,55 $747,602.24 $791,498.44 94.45% Calendar Davs(*) 308 350 88,00% (*) Note: Substantially complete on September 20, 1999 Contractor earnings total $747,602.24, which is $43,896.20 under the construction contract amount of $791,498.44. A construction project status report is enclosed which shows the difference in the as-built versus originally estimated quantities of construction. Most of the project savings are associated with unused paving, storm drainage and utility items such as asphalt prime coat, misc. asphalt transition material, unused grass sodding, extra storm drain pipe, erosion control, water meter adjustments and unused contingency funds. 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021-5826· 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389 March 8, 2000 3-392, CITY OF NORTH RICHLAND HILLS MISC. 1998 PAVING IMPROVEMENTS ON SUDBURY WAY, WYOMING TRAIL, AND BRILEY DRIVE CONTRACTOR'S ESTIMATE NO. 12 and FINAL The two year period of maintenance begins on this date and will terminate on March 8, 2002. The maintenance obligation includes repair of storm drain lines, water lines, breaks or stoppage resulting from improper embedment, compaction, backfill or poor workmanship. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures. In the absence of any negative comments concerning the condition of this project, and after an Affidavit has been furnished by the Contractor affirming that there are no outstanding claims against the Contractor associated with this project, then we recommend that this final partial payment, in the amount of $44,598.55, be made to Walt Williams Construction, Inc., P.O. Box 4620, Fort Worth, Texas 76164. Please call if you have any questions concerning this project. .Q~ , ...." RICHARD W. ALBIN, P.E., Vice-President RWAlra/Final.doc Enclosures Cc: Mr. Mike Curtis, P.E., Assistant Public Works Director Mr. Ken Matheson, City Inspector Mr. Walt Williams, Walt Williams Construction, Inc. Knowlton-English-Flowers. Inc, 03/08/00. Page 2 of 2 /,- CITY OF NORTH RICHLAND HILLS "- Department: Public Works Council Meeting Date: 3/27/00 Subject: Approve Final Pay Estimate No. 10 in the Amount of Agenda Number: PAY 2000-03 $25,783.56 to WHECO Electric, Inc. for SCADA System Implementation - 1998 This CIP Project was awarded by Council on 10/12/98, PW 98-21, for $518,671.25. Final payment will make the contractor's total earnings on this project $515,671.25, which is $3,000.00 under the contract amount. The savings on this project was the unused portion of the miscellaneous allowance. The contractor substantially completed this project on July 20, 1999. The contract completion date was September 21, 1999. The contractor has spent a good portion of his time since then in making minor modifications we requested and making sure we were totally satisfied with the installation. Recommendation: To approve final payment to WHECO Electric, Inc. in the amount of $25,783.56 for this project. ',- Source of Funds: Bonds (GO/Rev.) Operating Budget Ot er Finance Review Account Number 405-0000-712.79-00 Sufficient Funds AvallaDle U2-2;;5-Uts-öUUU " ",-. øV Finance Director Budget Director Page 1 of _ · KNOWLTON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas February 23, 2000 Mr. Gregory W. Dickens, P.E., Director of Public Works, City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-435, CITY OF NORTH RICHLAND HILLS SCADA SYSTEM IMPLEMENTATION -1998, CONTRACTOR'S PARTIAL PAY ESTIMATE NO. to & FINAL Enclosed is one original and one copy of the Contractor's Partial Pay Estimate No. 10 & Final, dated December 16, 1999, made payable to WHECO Electric, Inc., in the amount of $25,783.56 for work performed on the SCADA project as of to day's date. The quantities and condition of the project have been verified on-site by your representatíve, Mr. Larry Jones, as indicated by his signature on the estimate; we have checked the item extensions and additions for errors. Following is a summary of the Project to-date. SCADA SYSTEM IMPLEMENTATION -1998 TOTAL CONTRACT PERCENT RETAINAGE EARNINGS AMOUNT COMPLETE $25,783.56 $515,671.25 $518,671.25 99.42% Calendar Days 400 330 121,21 % We recommend that this payment in the amount of$25,783.56 be made to WHECO Electric, Inc., 3200 Joyce Dr., Fort Worth, Texas 76116. Please call if you have any questions concerning this project. ~;eÊ G.R. Philipp Jr., P.E. Attchmt. xc: Mr. Larry A. Koonce, C.P.A., Director of Finance Mr. Larry Jones, Public Works Superintendent/Utilities Mr, Kent Meyerhoeffer, President, WHECO Electric 1901 CENTRAL DR., SUITE 550· BEDFORD, TEXAS 76021-5826. 817/283-6211 · METRO 817/267-3367. FAX 817/354-4389 CITY OF NORTH RICHLAND HILLS '- Department: Public Works Council Meeting Date: 3/27/00 Subject: Approve Final Pay Estimate No. 12 in the Amount of $62,670.85 to PKG Contracting, Inc. for Mackey Creek Diversion Channel Improvements Agenda Number: PAY 2000-04 This CIP project was awarded by Council on 1/25/99, PW 99-01, for $1,260,922.00. Final payment will make the contractor's total earnings on this project $1,260,922.00, which is the contract amount. The contractor substantially completed this project on December 8, 1999. The contract completion date was October 4, 1999. The contractor has requested additional time consideration for delays caused by Lone Star Gas Company during the project. This time delay would account for approximately 4 weeks. Also, the contractor wanted to work numerous Saturdays, but was reluctant to pay the City's overtime inspection fees. It should also be noted the person who bid this job for the contractor left their company immediately after the bidding and did not leave sufficient notes on time and cost estimates for this project. Their project costs have not matched his estimates. The contractor was very cooperative and was on the project when weather permitted. '- Staff does not recommend liquidated damages. Recommendation: To approve final payment to PKG Contracting, Inc. in the amount of $62,670.85 for this project. "- Source of Funds: Bonds (GO/Rev.) Operating Budget Other 3-21-20008:1dAM FROM PKG CONTRACTING 817 572 6812 P,1 PKG Contracting, Inc. PO Box 40797 Y 1 Fort Worth, Tens 76140 FAX Date: 3 (:)1-00 Number of pages including cover sheet; I To: ))O''¡'/4.. 1<~-ctJJ ;-ills Attention: G~ Diu(lA-l!';. From: 5wMJE ~ Phone: B/1· 4~Î - (f).foD Fa.'{ phone: ~17 - '-JZ1" ~tJc4 CC: Phone: Fax phone: 8l7-572-2645 817-572-6812 REMARKS: o Urgent o For your review 0 Reply ASAP o Ple::¡se comment MT;1!At:r q2,2 ,-,-.., -,-" _'-<"'---~".._''"<~..~_'___''_'~.^'_~_~._û,~~_~.....,____,~~___,__~ 01 SCIULLO & TERRY, INC. CONSULTING ENGINEERS 401,A WEST ABRAM· BOX 506 . ARLINGTON, TEXAS 76004 . TELEPHONE 817,275,3361 March 17,2000 ~~©~~\ij" Gregory W. Dickens, P.E. Director, Public Works Department City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 MAR 2() 2000 í 1- I NAH F/ h.!!.c~orks Re: Payment Request #012 (Final) Drainage Improvements Mackey Creek Diversion Channel Dear Mr. Dickens: Enclosed is the Payment Request #012 (Final), dated February 14, 2000, made payable to PKG Contracting, Inc. in the amount of $63,637.85, for materials furnished and work performed on the referenced project as of February 14,2000. The quantities and condition of the project have been verified on-site by your representative, Ken Matheson, as indicated by his signature on the estimate dated, March 14, 2000, and we have checked the calculations in the request. As of February 14, 2000 the project is complete. We recommend that this final payment, in the amount of$63,637.85, be made to PKG Contracting, Inc., P.O. Box 4097, Fort Worth, Texas 76140. We note that completion ofthis project is beyond 210 calendar days set out in the contract. The contract allows for liquidated damages in the amount of $J.OO.OO per day for any days over the contract amount. -f>~ro,W P: IMACKEYCRICORRES PIDickens,payreq. doc REGISTERED PROFESSIONAL ENGINEERS . REGISTERED PUBLIC SURVEYORS ~. _.__._-~~-=._--_._,,_.~--"--- Gregory W. Dickens, P.E. March 17,2000 Page 2 City Staff should detennine any allowable time extensions for revised conditions, rain delays, or other acceptable reasons. Liquidated Damages, if any, are usually withheld from the final payment. Please call me if you have any questions. Sincerely, DI SCIULLO & TERRY, INC. £4~~/ J :;eN. Terry, P.E. resident cc: Ken Matheson, City of North Richland Hills Suzanne Dawson, PKG Contracting, Inc. Enclosures: February Pay Request P:IMACKEYCR\CORRESP\Dickens'pa~.doc PKG CONTRACTING, INC. POBox40797· FORTWORTIf, TEXAS76140 (817)572-2645 FAX: (817) 572-6812 March 2, 2000 NRH Public Works Department Attn: Greg Dickens 7301 N. E. Loop 820 North Richland Hills, TX 76180 RE: Mackey Creek Diversion Channel Drainage Improvements Job Completion Dear Mr, Dickens: As discussed, PKG Contracting, Inc would like the City of North Richland Hills to consider the following reasons for our delay in Substantial Completion on the above referenced project. Attached, please find a letter that had been sent by Dean Kellar last September regarding our position of our Contract Completion date of October 4, 1999. At that time, we were being delayed by a gas main that had not been shown on the plans. For safety reasons, PKG could not excavate this area for the 9x6 boxes, nor could we complete the water and sewer relocates. From our Superintendent's daily log, it appears that it took Lone Star Gas approximately 2 112 weeks to respond to this issue and then about a week for us to get back on track to where we were. There had also been three times that the City had drained their water tank and one time they were flushing out a water line which washed us out. Each of these floodings took approximately 2 days of clean-up work and pump rental to get back on line. In addition, we had sent a letter in July requesting an extension for weather delays. The reply we received trom Di Sciullo and Terry stated that this delay would be reviewed at the end of the project. I have attached a copy of this letter and the Engineer's reply. We realize that the Specifications allow for some rain days, but also noticed that they use North Carolina's standards instead of Fort Worth's, It appears that North Carolina's rain is excessive to what we would consider nonnal here. Also, because of the already shortened bid time of our Contract, we had planned to work most Saturdays, particularly when we lost time during the week due to the rain. We would appreciate any consideration for the time lost, especially for March and May, If there are any questions, or you should require any additional infonnation, please feel tree to contact me at (817) 572-2645, Sincerely, ~4I/úL Û4tUS"2-- ~anne Dawson Project Manager CC: file "-"-'-"~-.-"-----"""-------,---.- PKG CONTRACTING, INC. p,o, BOX 1985· GRAPEVINE, IX 76099· (817)481-2055' FA-x; (817)416-1355 August 5, 1999 Greg Dickens NRH Public Works Department City of North RichIand Hills 7301 N,E. Loop 820 North RichIand Hills, TX 76180 Subject: Mackey Creek Diversion Channel Drainage Improvements City of North RichIand Hills, Texas PKG Project No, 9901 Dear Mr, Dickens: Following up on our conversation on 9/13/99, we regret to inform you that the above project will not reach substantial completion by October 4, 1999 . We ask that he City give some consideration to granting us additional time to complete the project. We recognized that the completion time was a problem early in the project. All the other bids for the job were in the 365 day range; we had 220 days, Harry Lothridge, our fonner Division Manager bid the job and was subsequently fired partially due to several bid mistakes and the impossible schedule. We never did find out if he intended 220 working days or 220 calendar days, although the bid form clearly indicates calendar days. One of the steps we took to save time on the project was to precast the box culverts. We absorbed the additional cost of going with precast in order to cut some time off of the schedule, As it turned out, the time saving was negligible due to slow shipment of the box culverts and due to the discovery of a gas main that was not shown on the drawings, There is an 8" gas main that runs along side ofRichIand Plaza Drive. This main was not shown on the plans and wasn't located by the utility company. The existence of the gas main was discovered when the plumbing contractor for the mall project encountered it. The gas utility has been contacted to determine exact location of shut-off valves, to gain their assistance to safely uncover, handle and work around this line, and to involve them with emergency procedures. The existence of this gas main has delayed the work. Ifit weren't for this gas line, we would have already completed installation of the 9x6 box culverts and would have made the water and sewer relocates. The extent of the time delay will not be known until this work has been completed. I will follow up with another letter when this is done, ·'~·-~'·"-··-~-·-·_.'_--"""'_'__'_4~___________ Another alternative to charging liquidated damages would be to bill PKG for direct costs incurred by the City for additional inspection time, We have enjoyed working with the City and are looking forward to completing the project. If you have any questions, please don't hesitate to call Sincerely, O-?c'~~ Dean Kellar Secretary/Treasurer - - "--",·--",,-,·,,~-__~_~~,._~.#.,r..,.,"~,...._,__,,"_____~______ PKG CONTRACTING I INC. POBox 1985 . GRAPEVINE, TE.'<AS76117 (817)481-2055 FAX: (817)416-1355 2108 S, UNIVERSITY DR. SUITE. #101 . FARGO, ND 58103 . (701) 232-3878 . FAX: (701) 232-3935 July 16, 1999 DiSciullo & Terry Attn: Gordon Scruggs 401-A West Abram Arlington, TX 76010 Re: Mackey Creek Diversion Channel Weather Day Delays Dear Mr, Scruggs: The days listed below are the days that have been lost thus far due to rain. PKG Contracting, Inc, would like to request an extension of the contract time for these lost days. March - Monday March 8 Thursday March 11 Friday March 12 Saturday March 13 Thursday March 18 Friday March 19 Saturday March 20 May- April - Saturday April 3 Wednesday April 14 Monday April 26 June - Saturday May 1 Monday May 3 Wednesday May 12 Saturday May 15 Monday May 17 Tuesday May 18 Tuesday May 25 Wednesday May 26 Saturday May 29 Monday June 21 Tuesday June 22 Wednesday June 23 Friday June 25 Because of the excessiveness of all the days lost so far, we would appreciate any consideration given this request. Please feel tree to call should you have any questions, Sincerely, ¿)Ît/a¡ftiJ.. Ûa¿~'Ó7 i-- Suzanne Dawson Project Manager CC: file ì { CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 03/27/00 --.. Subject: Public Hearing to Reconsider the Request of Race Trac Agenda Number: PZ 99-27 Petroleum, Inc for a Special Use Permit to allow a Convemence Store within 200' of Residential Property on Property Zoned C 1-Commercial. The property is platted as Lot 6, Block 2,Walker Branch Addition and is located in the 8700 Block of Grapevine Highway. Ordinance No. 2450 CASE SUMMARY: City Council on February 14, 2000 voted 4-3 to deny the request. City Council on February 28,2000 voted to 4-2 to reconsider the request on the March 27, 2000 meeting. Race Trac Petroleum, Inc. is requesting a Special Use Permit on Lot 6, Block 2, Walker Branch Addition for a convenience store within 200 feet of residential property that is zoned C 1-Commercial. As defined by Article 11 of the Zoning Ordinance, self-service sale of automobile fuel is an accessory use of a convenience store. Access to the site is provided by a single approach that will be shared with future development to the west. An 18-foot ingress/egress easement is dedicated to provide access to any future development to the rear of the site. There are 18 parking spaces provided; only 16 are required. There are 20 fueling spaces located under the canopy. The 25' fire lane provides adequate access for fire response to the site and the building. '- The applicant has provided a total 30-foot landscaped setback from the property line along Grapevine Highway. The site is in compliance with the landscape requirements, including parking lot screening and landscape percentage, 15% is required and 29% has been provided. RECOMMENDATION: The Planning and Zoning Commission at their public hearing on January 27, 2000 recommended approval of PZ 99-27 on Lot 6, Block 2, Walker Branch Addition by a vote of 5 to O. To approve Ordinance 2450 and PZ 99-27 as recommended by the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot er ~ Account Number Sufficient Funds Available d Signature Finance Director '-- L:\Cases\PZ Cases\Cover Sheet CC,doc Page 1 of 2 .'-. .... ....-. ....._. . u_... _n_...__. ..... .....1, ~ATC.lI.. .~l!!!. ..~.ßßE..c.!.~,tf...:,~!!7',~.?LJ>.".g_~:~_p.6..J ._u_. ·._u_. ......_. . _u_. -;;:1; ------T-G --- --'- 2360 -:;t~ TC 2360 - __n.;. r J 'I l ..Ill =:. Jb.. ~_ I :;;-<.- ~ ------ ~ PZ 99-27 Race Trac Petroleum, Inc. Specjal Use Permit for Convenience Store , I ¡ ~ ~ -~. ~ ~~ ~ \ \. r. R - 7 -M F OC 1863 ~ ~ = ~ ~ ~ ~ P D -24 2197 f - f t .. - . ;;; , = . {.\ \ "'r ~ .........', . .' \\\:'-' , \;, 'ç\- \\ .,\ lAt.\" - - 'D-27 2245 -.: \ \'\ . ;. >, '\. . \\. \-:-'\U ... ::r\\"\\" '''''\·d:. , ·,0- C-l . . .-. --.- .-. ~_... --.-. ...--.. .-.--...- ;;;:'" R-7-MF~ ~~ ADOPTED: March 22. 1993 ?A," ::: NeRTH RICHLAND HILLS --- .---. "-- .--. .--- -..---.-----.---.. --- - -_.. ----- ---_. _._~. -.--. - -- --.-- - - -. ---- - .-.. ( MATCH LINE - SEE Cri.d.: 90-424 Page. D8 ) ._,---.~.-",,-,~.,-.,-,..-. --,"-~-.,-._._---",,-----,~ City Council Minutes February 14, 2000 Page 2 Utility Billing, David Lopez & Chuck James, Public Works, Mary Beth Harvey, Animal Control, Scott Walker & Mike Curtis, Public Works, Jimmy Cates, Public Works, Betty Osborne, Finance and Tim Hightshoe, Parks Department. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING JANUARY 24, 2000 B. MINUTES OF THE COUNCIL MEETING JANUARY 24, 2000 C. CALLING CITY COUNCIL ELECTION - RESOLUTION NO. 2000-06 D. CHANGING TIME OF FEBRUARY 28 REGULAR MEETING E. APPROVE AGREEMENT FOR ENGINEERING SERVICES WITH KNOWL TON- ENGLISH-FLOWERS, INC. FOR THE JOHNSON GROUND STORAGE TANK REHABILITATION AND REPAINTING - RESOLUTION NO. 2000-07 Councilman Metts moved, seconded by Councilman Mitchell to approve the consent agenda. Motion to approve carried 7-0. 7. PZ 99-26 - PUBLIC HEARING TO CONSIDER THE REQUEST OF RACE TRAC PETROLEUM, INC. FOR A ZONING CHANGE ON A PORTION OF LOT 3R3, BLOCK 2, WALKER BRANCH ADDITION FROM OC OUTDOOR COMMERCIAL TO C1 COMMERCIAL (LOCATED AT THE 8700 BLOCK OF GRAPEVINE HIGHWAY) _ ORDINANCE NO. 2449 APPROVED Mr. Paul Padilla, applicant. explained the nature of his request. City Council Minutes February 14, 2000 Page 3 Ms. Marcy Ratcliff, Director of Planning, summarized recommendations of the Planning and Zoning Commission and Staff. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Phifer moved, seconded by Councilman Mitchell to approve Ordinance No. 2449 & PZ 99-26 as recommended by the Planning and Zoning Commission. Motion to approve carried 7-0. x 8. PZ 99-27 - PUBLIC HEARING TO CONSIDER THE REQUEST OF RACE TRAC PETROLEUM, INC. FOR A SPECIAL USE PERMIT TO ALLOW A GAS STATION ON PROPERTY ZONED C1 COMMERCIAL. THE SUBJECT PARCEL IS PROPOSED LOT 6, BLOCK 2, WALKER BRANCH ADDITION (LOCATED IN THE 8700 BLOCK OF GRAPEVINE HIGHWAY - ORDINANCE NO. 2450 DENIED Mr. Paul Padilla, applicant, explained the nature of his request. Ms. Ratcliff summarized the recommendations of the Planning and Zoning Commission and Staff. Mayor Pro Tem Johnson inquired if a traffic study had been completed on the area. Mayor Scoma voiced his concern about the future expansion of Highway 26 and obtaining additional right-of-way. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Mayor Scoma asked what type of impact the business would have relating to architecture as it relates to the Town Center District. Ms. Ratcliff informed the Council that the request is not in the Town Center District. Councilman Trevino moved to deny PZ 99-27, Ordinance No. 2450. Mayor Pro Tem Johnson seconded the motion. City Council Minutes February 14, 2000 Page 4 Motion to deny carried 4-3; with Councilmen Welch, Milano, Trevino and Mayor Pro Tem Johnson voting for denial and Councilmen Mitchell, Metts and Phifer voting against. 9. PS 99-29 - THE REQUEST OF RACE TRAC PETROLEUM, INC. TO REPLAT LOTS 2R2 AND 3R3, BLOCK 2, WALKER BRANCH ADDITION, INTO LOTS 2R2R AND 3R3R AND CREATING LOT 6 (LOCATED AT 8707 GRAPEVINE HIGHWAY). APPROVED Ms. Ratcliff summarized the recommendations of the Planning and Zoning COmmission and Staff. Councilman Mitchell moved, seconded by Councilman Metts to approve PS 99-29 as recommended by the Planning and Zoning Commission. Motion to approve carried 7-0. 10. PW 2000-08 - VACATE A PORTION OF TWO UTILITY EASEMENTS LOCATED ON LOT 2R2R AND LOT 6, BLOCK 2, WALKER BRANCH ADDITION _ ORDINANCE NO. 2454 APPROVED Mr. Greg Dickens, Director of Public Works, summarized PW 2000-08. Councilman Mitchell moved, seconded by Councilman Milano to approve PW 2000-08, Ordinance No. 2454. Motion to approve carried 7-0. 11. PZ 99-47 - PUBLIC HEARING TO CONSIDER THE REQUEST OF JAMES HANDY FOR A SPECIAL USE PERMIT TO ALLOW A SELF-SERVICE CAR WASH ON LOT 4R, BLOCK 1, WALKER BRANCH ADDITION, IN A C1 COMMERCIAL DISTRICT. THIS PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF GRAPEVINE HIGHWAY AND HARWOOD ROAD - ORDINANCE NO. 2457 APPROVED Mr. James Handy, applicant, explained the nature of his request. He asked if Council would consider raising the poles to 30 feet in order for customers to locate his business. 5. PZ 99-27 PUBLIC HEARING TO CONSIDER THE REQUEST OF RACE TRAC PETROLEUM, INC. FOR A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE ON PROPERTY ZONED C1-COMMERCIAL. THE SUBJECT PARCEL IS PROPOSED LOT 6, BLOCK 6, WALKER BRANCH ADDITION AND IS LOCATED IN THE 8700 BLOCK OF GRAPEVINE HIGHWA Y. This is a continuation of the public hearing to consider a request by Race Trac Petroleum, Inc. for a Special Use Permit on Lot 6, Block 2, Walker Branch Addition for a convenience store on property zoned C1 Commercial. The Public Hearing held on January 13 was tabled by the Commission due to errors on the landscape plan's notes regarding the percentage of parking lot landscaping provided. Staff's interpretation of "parking lot" does not include driveways, fire lanes, or fueling stations. A parking lot is considered any expanse of pavement meant for the parking of vehicles and the maneuvering of vehicles into and out of parking spaces (parking spaces and isles). The notes on the landscape plan as presented on January 13 were inaccurate. The applicant had calculated all of the paved area, including the fueling stations, fire lane, and driveway, as parking lot. Staff had made the calculations in October 1999, and found the landscape plan to be in compliance. Unfortunately, the notes on the landscape plan included in the packet did not get corrected. The applicant has provided a total 30-foot landscaped setback from the property line along Grapevine Highway. There are two landscaped islands extending into the paved area that are planted with Cedar Elm trees. The site is in compliance with the Landscape Regulations including parking lot screening and landscape percentage (15% required - 29% provided). Access to the site is provided by a single approach that will be shared with future development to the west. An 18-foot ingress/egress easement is dedicated to provide access to any future development to the rear of the site. There are 18 parking spaces provided where 16 are required. There are 20 fueling spaces located under the canopy. The 25-foot fire lane provides adequate access for fire response to the site and the building. The Replat and Zoning Change for this property are scheduled to be considered by City Council on February 14. Should the SUP be recommended by the Planing and Zoning Commission, Council would also hear it on the 14th. Staff recommended PZ 99-27, a Special Use Permit for a convenience store to be located at Lot 6, Block 6, Walker Branch Addition, be approved by the Planning and Zoning Commission. P & Z Minutes January 27, 2000 4 Chairman Bowen opened the public hearing. Mr. Paul Padilla, TransSystems, presented the request, explaining the landscape plan had been corrected and he would answer any questions the Commissioners might have. Seeing no more proponents, and no opponents, the public hearing was closed. Mr. Tolbert, seconded by Mr. Lueck, moved to approve PZ 99-27. The motion carried unanimously. P & Z Minutes January 27, 2000 5 NRH APPLICATION FOR A SPECIAL USE PERMIT City of North Rich/and HiØs 7301 NE Loop 820 North Richland Hills, Texas 817-581-5500 (Please print or type all responses) PART 1. APPLICANT INFORMATION -Jame of applicant I agent: - (n,'fGh NtJ-t+Sejer - RfÂl:e, 7;4(, 1'-t.+rtJJr."~ 300 Tte,h"o J(J~Y Cou.r;- Telephone number of applicant I agent: JIJ( . , Sueetaddressofapplicantlagent: City I State I Zip Code of applicant I agent: Smyrno. , 611 PART 2. PROPERTY OWNER INFORMATION ;joo 82. '7'10 - '+31 - 7(,()o I J , Name of property owner: S+~V'tI1 ~. Hf-s+t!.('"' Street address of property owner: 2 00 ~ W Of) d s focJ<.. ])(,,;tI~ City I State I Zip Code of property owner: Telephone number of property owner: j CoJ/e.v,,;/le ,IX 7(g03t! ¡J NolO' Attach left", '" a""a'" ""'" pmpeny """'" UdifONenl ""'" ""PbnllageGttlßÆú.ff¡___ Surveyor map attached as required by application: Affidavit attached from property J~if applicant is not owner: i_~es Ii No ~s 0 No PART 3. DESCRIPTION OF REQUEST Current zoning classification: C-I Proposed use of the property: CO.,. II ~n ¡'e"c.(,; Sft,f'e with 'sUI/¡'(..G .s-k..h'D~ .1scribe the nature of the proposed activity and any particular characteristics related to the use of the property: CoYlven'-el1c.e.. S~ w,--fI1 S~r/"~ Strcf,'Or1 "------- Attach site plan which conforms with requirements included in this packet: [0'Yes ONO Attach affidavit from property owner if applicant is not owner: ŒrYes 0 No Date: q--;;1.,,/-t:¡ c¡ /Y}¡,/-v), No~qe(' I hereby certify that I am. or represent. the legal owner of the property described above and do hereby submit this request for approval of a Special Use Permit to the Planning and Zoning Commission for consideration. Print Name: ... Signature: , PART 4. FOR OFFICE USE ONLY Date of Planning & Zoning Commission Public Hearing: Taxes Paid? Q Yes ONO Case Number: -pZ q~-;<I Date of City Council Public Hearing: Uens Paid? DYes 0 No Fee: Special Use Permit Approved: i i Yes i.-J No Conditions of Approval: Assessments Paid? o Yes DNa $300.00 This application will not be scheduled for public hearing until application fee is received. SpecIal Use Permit CD - 414 (2196) ORDINANCE NO. 2450 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT FOR CONVENIENCE STORE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and 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. THAT, in case number PZ 99-27, a Special Use Permit be hereby authorized for a Convenience Store in a C-1, Commercial District on property described as Lot 6, Block 2, Walker Branch Addition. 2. THA T, development of this property shall be consistent with the site plan attached as Exhibit "A." 3. 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. 4. Ordinance No. 2450 Page 1 of 3 SAVINGS CLAUSE. That Ordinance Number 1874, 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. 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF JANUARY 1999. ~., I ," /J /,/., /.' '. / ~¡;( /!/ ~;,i#'~.f / y-;r:¿: ; --/ Secretary, Planning and Zoning Commission \ ) /-:' . /- ...." / ~. .' ...) Of,~'1(~i~'~~a~~i';9 å; Ž~ni~~' b~mmission APPROVED BY THE CITY COUNCIL THIS 27TH DAY OF MARCH 2000. ATTEST: Charles Scoma, Mayor City of North Richland Hills, Texas City Secretary City of North Richland Hills, Texas APPR VED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY: Ordinance No. 2450 Page 2 of 3 Ordinance No, 2450 Page 3 of 3 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 03/27/00 Subject: Public Hearing to Consider the Request of Ernest Agenda Number: PZ 99-45 Hedgecoth for Glenview Bible Chapel for a Zoning Change on Tracts 1A & 1B, William Cox Survey, A-321 from AG-Agricultural to U-Institutional. The Property Is Located in the 7200 Block of Davis Blvd. Ordinance No. 2462 CASE SUMMARY: Mr. Ernest Hedgecoth has submitted a zone change request to rezone a total 1.478 acres from Agricultural and Local Retail to U-School, Church & Institutional District for development of a church. Churches are allowed as a matter of right in any zoning district except for the AG-Agricultural District. The request is in conjunction with a request to plat the tracts of land into Lot 1, Block 1, Christian Addition. The property is currently undeveloped. Rezoning the property to U-School, Church & Institutional District will require landscaping screening and larger building setbacks than the single family districts. SURROUNDING FUTURE LAND USES: The subject property is designated as Low Density Residential. North: South: East: West: Future Land Use Low Density Residential Commercial Commercial Low Density Residential RECOMMENDA TION: The Planning and Zoning Commission at their public hearing on February 24, 2000 recommended approval of PZ 99-45 by a vote of 7 - O. To approve Ordinance 2462 and PZ 99-45 as recommended by the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Oth r Finance Review Account Number Sufficient Funds Available -¿¡¡J Finance Director ~~a~ L:\Cases\PZ Cases\1999\PZ 99-45-41 GLENVIEW BIBLE CHAPEL.doc Page 1 of 1 ( J/ATCH LINE - SEE Grid' 90-44 r-T-~ r;;T;;]~;-·~; 1-~·--lJC'~_·1·_n-:·--k,n...;'nT'-~'T~ii;'~T~ iTTH= >or FFI~T: 1~,~~¡=::= ~~-: -; , . . · /'/ ~ stott 't.¡";;:DY' 6)":JO -\7--' ~ f~nSI' L1N I I In$ 3 <:'I\S'\~/I;=~:I I '~ " ,1.1 ,,\~l~';"~r~ .,! .~" , "R' 2AA1 2'" 2R2 1 . '\\\ "C. \' þ;\t" 1 t) '0 8 . I .In'D" , .. \A 40 'C .., Á.'IJ JC JB,^" I C-1 :ì\~ss'S/' 5 ~_ j ~'.Ç~0t" 55 2() .' 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I 125 244 ......J~ 23 ,//; 43 Z 1 : I ~' ~T /"'/5A~......... ¡ 28 29 )() Q"~ð>~~¿' :::::i~:::::::: TlMB~V.\ i 'R--- 11''''' :::.' ..:.:....... 'I Iii I AG .·::::i~:::: ¡ 2 3 · 3 s I. i 7 I B :.:.:.:.........:.: ) .:.:.:...:.:....... JAG TR.14A . - ;..-- D I_~ R-2 . i2'048 TR1A5t. 1 IP"-- TRA'- A 44 1 31 i 30 29 í 28 I I TR.It-.' ...-- ---~-_. TRT Te[ " 47 ~ l"" rRACT AA ''-'- TR1 AG AG R-l 232 .. AG 11-0;.': .,:'or-mottOft S.rvlc.. - CIS Dlvblon 19 Jon 99 16:49:4.3 TLI.sdoy ....:S Ne. 0011 amt: zatlas.mop.aml. zaflos.grid.aml plot: d"_bw.rtl N.RTH ItICHLAND HnTO<: ( J/iTCH LINE - SEE C,.id: 90-436 7. PZ 99-45 PUBLIC HEARING TO CONSIDER THE REQUEST OF ERNEST HEDGECOTH FOR GLENVIEW BIBLE CHAPEL FOR A ZONING CHANGE ON TRACTS 1A & 1B, A-321 FROM AG-AGRICULTURAL AND LR-LOCAL RETAIL TO U- INSTITUTIONAL. THE PROPERTY IS LOCATED IN THE 7200 BLOCK OF DAVIS BLVD. APPROVED Mr. Ernest Hedgecoth has submitted a zone change request to rezone a total 1.478 acres from Agricultural and Local Retail to U-Institutional for development of a church. Churches are allowed as a matter of right in any zoning district. This request is in conjunction with a request to plat the tracts of land into Lot 1, Block 1, Christian Addition. The property is currently undeveloped. Staff recommends approval of PZ 99-45. Chairman Bowen opened the public hearing and asked for proponents. Mr. Ernest Hedgecoth presented the request for Glenview Bible Chapel, explaining that until recently this congregation had been meeting in a home; however, they have outgrown the home church and are seeking a location for a permanent facility. Seeing no additional proponents, Chairman Bowen called for any opponents. Mr. John Kline, 8320 Elm, stated he was not opposed to a church being located next to his property; however, his property is approximately 20' lower than the church property and is concerned about the runoff he would receive. Mr. Kline was informed that the drainage was a platting issue and would be dealt with at that time. Seeing no additional opponents, the public hearing was closed. Mr. Nehring, seconded by Mr. Blue, moved to approve PZ 99-45. The motion carried unanimously. P & Z Minutes February 24, 2000 6 Dec-02-99 12:16P NRH P~""·PZ Administration 817 427 1'1 6404 -:',1 P_06 NRH APPLICATION FOR A ZONING DISTRICT CHANGE Ci1y of North Richland Hills 7301 NE loop 820 North Richland Hills. Texas 817-581-5500 a.. pnnt or Iype all responses) PART 1. APPLICANT INFORMATION 57ö/· e City I Stale I Zip Code of oppli R, fVortt, Tx PART 2. PROPERTY INFORMATION G Street address at location where zoning district change is being requested: v ROBson for, zoning a¡,d'strict change: , h ~ ,..fÇøn~rr(.lcl c. ho.~ ~-'-'---'-" --_.._-~--- .._--. "- "---- Surveyor map attached as required by application: [XJ Yes [__.J No PART 3. PROPERTY OWNER JNFORMA TJON AffidavIt attached from properly owner if applicant is not owner: DYes No .x-JA Lbo vV-E StT&et 3ddro~~ of property owner: A-55 'r-'. 0 F elM I tÇTí IJ-././ 5 1 Date: __L J. -.2 - cz 1- I hereby QØf1i(y that! em, or repre3ent. the- Ioga! awner of the property described above and do hereby submit this request for spprovlll 01 B zoning district change to tho Plannlng and Zoning Commission for consideration, Print Name: I:JÇ:~-AJ A ~b~~(j.¡2-,\.L~_ PART 4. FOR OFFICE USE ONLY Signature~~~~___, Dale of Planning & Zoning Commission Public Hearing: r=:¡'NO 9 -1).5 Date of City Council Public Hearing: Fee: r-l Yes ~ nNo Zoning District Change Approved: i'l Yes 1--J No [..J Yes II No $300.00 Conditions of Approval: .'.. .~_._---~-_.- ... .---------..- This appliJ;:atiJ:Mt will =t ~ scheduled for public hruJTing until application fort is received, <':oning District Change CD - 401 (2J97} 12/02/99 12:21 TX/RX NO.2943 P.006 . -- '-~--"-.-.."'_.~~~"--_._~~---~--_._~--- 2 December 1999 We, the Trustees of Glenview Bible Chapel, agree for the purpose of obtaining a zoning change of the listed property that anyone of us may authorize such action on the behalf of the other two. Being a tract of land approximately 67,518±.square feet, or 1.55± acres out of the William Cox Survey, Abstract No. 321, Tarrant County, City of North Richland Hills. This tract consists of Tracts 1A and lB. The address is 7245 Davis Blvd. Donald Welborn ..) .~) {J-1/l ~ / ~ .LChk- Robert Newberry h~l a Ronald Jay cart~'" ORDINANCE NO. 2462 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON OCTOBER 11, 1999; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property 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 99-45 (Glenview Bible Church), the following described tract as shown on Exhibit "A" shall be rezoned: All of tracts1A and 1 B, containing a total of 1.478 acres, in the William Cox Survey, Abstract No. 321, Tarrant County, Texas and located in the as 7200 block of Davis Boulevard is hereby changed from AG-Agricultural and LR-Local Retail to U-Institutional District. 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. 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 Ordinance No, 2462 Page 1 of 4 .. .. "~".--."--'--'.-~~----'------_...._","" incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 24th DAY OF FEBRUARY 24, 2000. ~/~c;; ,~~ '¿L~~~ ""'\ /1/ MVJ1..Y"V! Secretary, Planning and Zoning Commission ~¿£~ hairman, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 27th DAY OF MARCH 2000. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Ordinance 2462 Page 2 of 4 ~."'...~--~-~~--~_.._.--,--" APPROVED AS TO FORM AND LEGALITY: AttortÇbf~ ~ ~ Ordinance 2462 Page 3 of 4 ~",. CITY OF NORTH RICHLAND HILLS \..".. Department: Planning & Inspections Department Council Meeting Date: 03/27/00 Subject: Consider the Site Plan Review of a Commercial Develop- Agenda Number: PZ 2000-02 ment within 200' of Residentially Zoned Property on Tract A-1, Block 29, Holiday North Addition, Section 6 and Zoned C2-Commercial. The Property is Located at the Southwest Corner of North Richland Boulevard & Davis Boulevard At 5701 Davis Blvd. CASE SUMMARY Randy Short of Executive Petroleum has submitted a site plan review for consideration of a convenience store on 'proposed replat of Lot AR-1, Block 29, Holiday North Addition, Section 6, which is located within 200' of a single-family residential subdivision. The proposed convenience store will be located on a lot containing 1.09 acres. The proposed building will contain 3,500 square feet. The site plan shows 17 off-street parking spaces are being provided and 17 spaces are required. A convenience store is defined as a retail store, not a grocery store, where a limited amount of prepackaged food items are primarily sold as a quick service facility with self service gas sales as an accessory use. Convenience stores are allowed as a permitted use in the C-2 District; however, when it is located within 200 feet of a residential use it is required to have the site plan approved by City Council following a recommendation from the Planning and Zoning Commission. Convenience stores in a Local Retail or C-1 District require a special use permit if they are within 200' of a residential area. '- The landscape plan shows approximately 35% of the total lot is devoted to landscaping and 15% is required. The large percentage is due to the 50' drainage and utility easement at the rear of the property. The proposed driveways have been reviewed and located per the Public Work's Design Manual. The applicant is proposing a single monument sign that is in accordance with the Sign Regulations. Surrounding Future Land Uses The subject property is designated as Commercial. North: South: East: West: Future Land Use Commercial Commercial Low Density Residential Commercial Zoning C-1 C-2 R-2 C-2 Existing Land Use Liberty Bank Vacant Single Family Residences Strip Shopping Center Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available 4f Finance Director ,-_:\Cases\PZ Cases\2000\PZ 2000-02-41 EXECUTIVE PETROLEUM,doc Page 1 of 2 CITY OF NORTH RICHLAND HILLS \....- The proposed replat of Lot AR-1 will require two feet of dedication along North Richland Boulevard to meet the Thoroughfare Plan requirements for a C2U (required width of ROW). RECOMMENDATION The Planning & Zoning Commission, at their February 24,2000 meeting, recommended approval of PZ 2000-02 by a vote of 7 to 0, provided the data tables are updated before proceeding to the City Council and that a two-foot reservation of ROW be allowed, should additional ROW be required. To approve PZ 2000-02 as recommended by the Planning & Zoning Commission with the exception of the two-foot reservation. Staff is recommending the right-of- way be dedicated on the plat and shown on the site plan. ',--- 1 CITY COUNCIL ACTION ITEM \ Jocument6 -......... Page 2 of 2 ~.z3-t. ,"-10 .. .:t.~ [NE - SEE Grid: J"""',.~.. -'.. 1·" '.. ._.._.._._-~." - --- --- ------------~-- - ------ 1-1 TRiIS ""'. LR TR.19A ^2 ~7'0 C-2 1413 :30 L ----- 20 .., - PZ 2000-02 SITE PLAN APPROVAL FOR COMMERCIAL DEVELOPMENT WITHIN 200' OF RESIDENTIAL PROPERTY TRACT A-1, BLOCK 29, HOLIDAY NORTH ADDITION oaA.~' 'JD - ~ þ.5t ~'O\,) 007,-;;-;: i Ip.. 5ödC.J .: _~'A '~Y'f R>-',2-- '" 14 " >- .,~ z " \J 32 0 ,... " '" ~ -, 2J .. LR I 24 " -þ;:\:,S 'o\>~;¿~tp 3 ~ I :tì R 1 .... '8 " ~ " u ~ ~~ òR .,., ... R-6-T ~ z " " '7 ~ '" .... a R-7-MF " '0 JJ " " :-.JA - ':1 23 ... :0 ~ '8 ~~-- 'T 30 p 25 " 27 .--- ----~ .--- ----- , fNA' EE Crid: 84-424 Page: C8 ADOPTED: March 22, 1993 CURRENT THROUGH: Ordinance 2360, January 11, 1 ZONING MAP Grid: 84-428 Pòlge: -..... "~···_~.._-~·_·~--'_.^"_H·~"'__~·__~~'H_~~_ 8. PZ 2000-02 CONSIDER SITE PLAN REVIEW OF TRACT A 1, BLOCK 29, HOLIDAY NORTH ADDITION, SECTION 6 AND ZONED C2-COMMERCIAL. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF NORTH RICHLAND BLVD. & DAVIS BLVD. AT 5701 DAVIS BLVD. APPROVED Randy Short of Executive Petroleum submitted a site plan review for consideration of a convenience store on proposed replat of Lot AR-1, Block 29, Holiday North Addition, Section 6. The proposed convenience store will be located on a lot containing 1.09 acres. The proposed building will contain 3,500 square feet. The site plan shows 17 off-street parking spaces are being provided and 17 spaces are required. Convenience stores are allowed as a permitted use in the C-2 District; however, when it is located within 200 feet of a residential use it is required to have the site plan approved by City Council following a recommendation from the Planning and Zoning Commission. The landscape plan shows approximately 35% of the total lot is devoted to landscaping and 15% is required. The large percentage is due to the 50' drainage and utility easement at the rear of the property. The proposed driveways have been reviewed and located per the Public Work's Design Manual. The applicant is proposing a single monument sign that is in accordance with the Sign Regulations. Staff recommends approval of PZ 2000-02, with a contingency. It has been determined that during the platting process the applicant will be required to dedicate two-feet of right-of-way, which will shift the proposed development to the south on the site plan. Ms. Ratcliff explained that the additional ROW is needed on North Richland Blvd., as required by the Thoroughfare Plan. Mr. Davis asked the width of the ROW currently and Ms. Ratcliff stated it was 56'; 60' is required. She is unaware of any plans to widen North Richland Blvd; however, the 60' would be in accordance with the Thoroughfare Plan. Mr. Davis stated he would prefer to see a two-foot Reserve tor future right-ot- way, if required. This would avoid altering their landscape buffers and setbacks. Mr. Joel Wilkerson, Executive Petroleum, presented this request explaining that the building would consist at split faced white block. The monument sign will be in white block as well as the brick around the pole signs. A 6' white screening wall will screen the houses from the commercial use. Because of the 50' P & Z Minutes February 24, 2000 7 · __~____N"<'____~_'_'_'~~_'_~__~__"""'''___'_~__'~__'__"_~ City of NOrth Richland Hills 7301 N,E. Loop 820 North Richland Hills, TX 76180 817·581·5515 Property Location: Street Address of Property: Legal Description of Property: Property Owner Information: Name of Property Owner: Application for Site RH 5701 DAVIS BLVD. HOLIDAY NORTH SECTION BLOCK 29 RANDY SHORT Phone No. 817-577-3502 Address of Property Owner: 5914 CRESTWOOD CIRCLE E City: NORTH RICHLAND HILLS State: TX lip: 76118 Applicant / Authorized Agent Information: "Note: An affidavit signed by the property owner is required when the agent is not th!! property owner" Name of Applicant / Authorized Agent: RANDY SHORT Phone No. 817-577- 3502 Address: 5914 CRESTWOOD CIRCLE E City: NORTH RICHLAND HILLS State: TX lip: 76118 ----- --_ __ _____. __n___ Type of Site Plan Review: Planned Development Specific Use Permit A-6-T Townhomes A-7-MF Multi-familly Required Documents: The following table contains a checklist of the minimum items required for Site Plan Review. Planned Development Special Use Permit ..------ r own homes Multi,family 1, Plot Plan showing existing & planned structures. bldg. lines, boundaries, and easements. 2, r opographic information with contours drawn at two foot intervals, 3. Elevation drawings of all buildings indicating the proposed exterior finish materials, 4, Landscaping, lighting, fencing, screening, and wall, indicating all heights, 5. Location of egress and ingress, 6, ON,street parking and loading facdities, 7, All pedestrian walks. malls. and cpen areas. 8. Proposed land uses indicating areas in square feet. 9, Location & types of signs. including lighting and heights with elevation drawings, 10, Street names on proposed streets. 11, Existing & proposed water. sewer. & drainage systems: grading plan, 12. Engineering drawings of all public improvements to be dedicated to the City. 13. Utility and drainage easements & location of solid waste _disposal facillities. 14, Additional items as required by the City Council. Note: ·R· = Required R R ------------~- - R R ---------.------- --- -----------~. R R R R nu_____________________ ________ _~__ _~___ _____ R R R R -----.--------'-- R R R R --.------ R R .-.----- --'- R R .-- ------- -~_. R R ---- -. _._--- R R ------. R R R -~-_..._._- R - --. - ----------- -----.--- ---- . R R - . R R R R R (Can be submitted at time of platting) ,- R R R R R R R R -------------- I certIfy that I am, or represent. the o.\rer of the property descnbed above and hereby submit this Sile Plan to (he City of North i~icl1land hills for review ana ao::;rova/. Dale: 2/16/00 Your name (Printed Name): RANDY SHORT Signature: --------- - Site Plan Review Application 3 CD - 419 (2 - 98) " CITY OF NORTH RICHLAND HILLS "- Department: Planning & Inspections Department Council Meeting Date: 03/27/00 Subject: Public Hearing to Consider the Request of Aberfeldy III Agenda Number: SRC 2000-01 Limited Partnership to vary from the Sign Regulations Ordinance No. 2374, Section 4.0 Signs Attached to Utility Poles, on Lots 1 R & 2, Block 4, Industrial Park Addition in a C2- Commercial District. The Property is located at 5515 - 5559 Rufe Snow Drive and known as Commerce Plaza. CASE SUMMARY: Aberfeldy had purchased and installed banners to place on their light standards in their parking lot of Commerce Plaza. The Code Enforcement Division notified Aberfeldy they were in violation of the Sign Regulations. They requested a variance to allow seasonal banners to be attached to the light standards in the parking lot of the strip center. The proposed banners are approximately 2.75 feet wide and 8 feet in length. The banners are made of all-weather type nylon, similar to the city banners on Mid-Cities Boulevard. The proposed banners promote the seasons and advertise the shopping center name. Please see the attached pictures. The applicant has supplied samples of the banners that will be available for viewing at the public hearing. The Sign Regulations in Section 4, Signs Prohibited, Sub-Section D Signs Attached to Utility Poles specifically prohibits any signs attached to light poles, utility poles, traffic control poles and trees. \--. The only way to allow such signs is to amend the Sign Regulations. When the Sign Regulations were adopted it was not discussed or anticipated that banners might be installed on light poles. Staff recognizes Council's concern for visual clutter and banners on parking lot light poles may create a visual clutter. SPECIAL CONDITIONS: Staff finds no special conditions exist. The Sign Regulations prohibit such signs. RECOMMENDA TION: To deny SRC 2000-01 because no special conditions exist or to allow only for one or two seasonal events, with no shopping center or business identification. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ',- Finance Director \\NRH_CITY _HALL2\VOL 1 \DA TA\Pz\Cases\Sign Review Committee\SRC 2000-01 COMMERCE PLAZA,doc Page 1 of 1 ~,~~,;;: = ::- :r4ftT ,~i:;~r-.rFT"_~~í~~-""""- ..·'7J~~·:~·:::· J,OM.\el1 g 10 /2/' I I~) .".... ~/" ','¡' ...A 331 / ~ ~ :1:13/&21. ¡eo ~ 1·1·7I..J~1~~.:l~ ·t,~~±L~1301._~4// Ó 1-2 /' NOITH IICHLAND HILLS CITY u"':;ø,T$ I"/ ~ ' ,/ \~V' 7 , 3'" "" ~\\~ þ.~'f-. -_.._~ ~ u.. m__ TRAcT . 1-2 (/'t'~ .-J-==I c I ~)y/' ,,---, t r-r:-Z 2R @) 1363 __ Ijjj¡ nw:r. ~-__ ~ ï-'2 ~ 7 \)\), 1362 ~ V R1 ý,. ~ L...--_ <ò'v \~\), \' ~~~~\\Ó .......:"2, j) ~~----_,L____ ~~ t:'v ~, ,,"'- <;J~ ,~ IL2 12Jl{'...~~~I!! 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"ì~ ~\)V ð,\?>ð,?> 1 2ft - JR1 C-2 TIl1A " C-2 C-1 2253 - - 2 ~ .. 2ft-2ft 2 f--- -f-~ I , L r LR5 C-2 :...t.31 0 ----- --.._~.,-- 5 .r1~~ ·....~I ~ ~~~ S~O~ ~ ~'\\\ J 14 ?>çfZ.ð,O C-1 -- ~------------- TIle 6 --~._. - -------- ------.---- ."..---.- . _._-_.._~---,.. .__...___~ ____u___._.., ____..____.. _.._.. ~__.._.__________ N..TH IUCHLAND HfUc: .u_._ .,...__.__._ .._________. ----. -~--- - ...----.-.-- _ _~.._.__ .,__u.~.::- - NRH SIGN REVIEW BOARD 1/b) . City of North Richlanc " ,'~-~~D VIl7Ær 7301 NE Loop 8~ h' (Please print or type all responses) North Richland Hills Fr.., . 817581-5500 I 2000 PART 1. APPLICANT INFORMATION ........ ~ Name of applicant L .t ABERFELDY LIMITED PARTNERSHIP -- Street address of applicant: C/O· Corrigan Real Estate Services 3500 Oak Lawn Suite 500 - City/StatelZip Code of applicant Telephone number of applicant: Dallas, 75219 214 520-1150 Texas FAX number of applicant: 214 520-6777 Are you the owner of the Are you the owner's agent? NOTE: If you are not the owner á the property, you must attach property? a letter from the property owner giving you permiSSion to submit 0 Yes Q No Q Yes 0 No this application, PART 2. SUBJECT PROPERTY INFORMATION Subject Property Legal Description: See attached Subject Property Street Address: Commerce Plaza 5515-5559 Rufe Snow NRH Richland Commons-8251 Bedford-Euless Road NRH PART 3. REQUEST TYPE 0 Interpretation Request GJ Sign Variance Request o Nonconforming Use Current zoning classification: Note: A map or plot plan of the property and drawings of the proposed construction must be submitted with this application. The applicants or their representatives must be present at theIr scheduled public hearing. II hereby certify that I am, or that I represent, the legal owner of the property described above and do hereby submit this request for a variance for consideration by the Sign Board Review, Date 2/14/00 &gnæ~_~ I..L: t Print Name BARRY P. T~ lEST - PART 4. FOR OFFICE USE ONLY Date of Review Board Public Hearing: Taxes, Uens and Assessments Paid? Case Number o Yes 0 No Variance Approved: Date cI Final Action: Fees: $175.00 Non-residential 0 Yes 0 No $100.00 Residential Conditions cI Approval: This request will not be scheduled for hearing until the application fee is paid. K:\mary\SIGNS\Sign Control Application.doc 05199 5 Part 5. DESCRIPTION OF REQUEST List the pertinent section(s) of the Sign Regulations and indicate the specific interpretation(s), variance(s), or nonconforming use exceptiones) being requested. According to the letter dated January 4,2000 from Tim Horvath, Code Enforcement Officer with the City of North Richland Hills, we are in violation of Ordinance 2341, Section 32, more specifically paragraph ( e), which reads as follows: "(e) Signs attached to light poles, utility poles, traffic control poles and trees shall be prohibited." The Ownership and Management (collectively referred to as the "Owners") of Rich land Commons and Commerce Plaza interpreted this paragraph to refer to such signs as handbills, garage sale signs, weight loss signs, etc. which are commonly found taped on'light poles, traffic control poles, or stapled on utility poles and trees. This type of signage is indeed unsightly and detrimental to the beautification of any property. The Owners are committed to the long-tenn hold and care of both of these properties which are a small part of a much larger nationwide portfolio. The preservation ofthese assets, which includes curb appeal, cleanliness, and general preventative maintenance are first and foremost in the minds of the Owners. It is the Owners' intent to create an aesthetically pleasing atmosphere for the businesses in the shopping centers, their patrons, and the neighborhood in general. It has become customary for upper end retail centers to be decorated with the style of banners which have been purchased for these properties. The Galleria, Old Town, Inwood Village, The Pavillion on Lovers Lane and Preston Park Village are examples of such. The Owners would like Richland Commons and Commerce Plaza to be remembered in the company of these prestigious retail centers. State the grounds for the request and detail any special conditions that may cause hardships that in your opinion justify the variances or exceptions being requested. Explain any unique circumstances, if applicable, not considered by the Sign Regulations. This banner program has been put in place on numerous of the Owners' properties and has received great appreciation from the business owners. The Owners believe that the banners are inviting and aesthetically pleasing. When a retail center is pleasing to the patron, they return more often and sales typically increase, which in this case, brings more sales tax dollars to the City of North Richland Hills. It is a win-win situation. Should the Owners be required to discontinue this seasonal banner program, which includes at least five change outs a year, the Owners will suffer a hardship of substantial monetary damages. The banner program at Richland Commons constitutes an initial investment of$27,500 and an initial investment of $1 0,000 at Commerce Plaza. The Owners did not interpret the Ordinance which has been cited to include the quantity and quality of the banners which have been purchased. Case #: SRC 2000-01 ABERFELL Y III LIMITED PARTNERSHIP MAR 2 0 2000 Procedure to ResDond: As a Property Owner within 200 feet of the subject tract or an interested citizer(1 (appro~ (protest) and/or (have the following comments): .~ ___~ Print Name: ? lilt ....., l I~ ~ \L 0\ ~~d~~ ( \¿ 0\ '" o\:)à< I:. ~ /Lo r~-" c;. ") ~""~a. SvuoCaal , Print Address, or Lot, Block and Subdivision: ~ 1. 0 0 Signature: Q.A ~ Phone No.: C{ ì 1.. -"'\1.., - 'r~"\ 0:--' Direct questions and mail responses to: Planning Department City of North Richland Hills, Texas 7301 N E Loop 820 North Richland Hills, TX 76180 Telephone: (817) 427-6300 Fax: (817) 427-6303 L:\Property Owner Notification\SRC\SRC 00-01 COMMERCE PlAZA.doc r - --"- - --"- - -L- -v r - ---- - ---- - -L- -v )Þ-- --- - ---- -v / ( 1 I , I ~ > COLOR CODE EXPI1ATION YEAR VACANT 2000 2001 2002 2003 2004 2005 COtJNERCE PLAZA 5555 RUFE SNOW DRIVE NORTH RICHLAND HillS, TEXAS LEASED & MANAGED BY: C Corrigan Real Estate Services 3500- Oak Lawn Suite 500 Dallas. Texas 75219 214-520-1150 FLOOR PLAN ~ MmJIni'DoIJ o ~©~B\f~/n FEB 2 J 2000 U LEGEtÐ REVISED 1/14/2000 SUITE NO. YEAR RSF NAME 5515 2002 28.385 CON-WAY TRANSPORTATION 5529 2006 3,800 SKILES ENTERPRISES 5537 2001 2,102 WORK HARDENING OF NORTH TEXAS 5543 2001 6,076 DR. BROZEK 5545 VACANT 1,932 VACANT 5559 2001 5,800 SPORTS BAR & GRILL TOTAL 48,095 ,"" CITY OF NORTH RICHLAND HILLS \--- Department: Planning & Inspections Department Council Meeting Date: 03/27/00 Subject: Public Hearing to Consider the Request of Aberfeldy III Agenda Number: SRC 2000-02 Limited Partnership to vary from the Sign Regulations Ordinance 2374, Section 4.d Signs Attached to Utility Poles, on Lot 1 R, Richland Oaks Addition in a C2-Commercial District. The Property is located at 8251 Bedford-Euless Road and known as Richland Commons. Aberfeldy had purchased and installed banners to place on their light standards in their parking lot of Richland Commons. The Code Enforcement Division notified Aberfeldy they were in violation of the Sign Regulations. They requested a variance to allow seasonal banners to be attached to the light standards in the parking lot of the strip center. The proposed banners are approximately 2.75 feet wide and 8 feet in length. The banners are made of all-weather type nylon, similar to the city banners on Mid-Cities Boulevard. The proposed banners promote the seasons and advertise the shopping center name. Please see the attached pictures. The applicant has supplied samples of the banners that will be available for viewing at the public hearing. The Sign Regulations in Section 4, Signs Prohibited, Sub-Section D Signs Attached to Utility Poles specifically prohibits any signs attached to light poles, utility poles, traffic control poles and trees. The only way to allow such signs is to amend the Sign Regulations. When the Sign Regulations were adopted it was not discussed or anticipated that banners might be installed on light poles. Staff recognizes Council's concern for visual clutter and banners on parking lot light poles may create a visual clutter. SPECIAL CONDITIONS: Staff finds no special conditions exist. The Sign Regulations prohibit such signs. RECOMMENDA TION: To deny SRC 2000-02 because no special conditions exist or. to allow only for one or two seasonal events with no shopping center or business identification. Source of Funds: Bonds (GO/Rev.) Operating Budget Oter ===~ Finance Review Account Number Sufficient Funds Available \....... Finance Director '"' \\NRH CITY HALL2\VOL 1\DATA\PZ\Cases\Sign Review Committee\SRC 2000-02 RICHLAND COMMONS.doc - - ( Page 1 of 1 . .._"-_."~._--'_.._,~----._,----~ r-I)OPQ-25 '22:19 ~ 27 28 29 JO LR 31 2105 . - - ~-- - - - -._- NOR'îHE¡\S¿p..1AP\JS C-1 M2 O! JR, -1 F !!R N P- I C Q. !It C2 3 ~T R '''' R _.---..__.~-_._.__._.- -- -.-----.-. -.-.-..-----. - --......---- - - -- 2 ~'tI6 U NrJ\lRAW'@)r@)l8-Rt8 ~ 8 ---'--~---- OAKS DR þ'þ,~?' f7 16 ,. f7 ~\"'0 ?,þ,\<:P !5 II '0 .. 11 20 2 -1-~ 21 , c; " 22 SRC 2000-02 8251 BEDFORD-EULESS ROAD SIGN VARIANCE REQUEST 6 'B I C-2 1780 j ~ '" ~ .. C-2 C-2 .. 2U9 :ill 1802 :<I!~ 'ò- 2R JR ~-{ «~ r.:,' Þ-~\) ~\C~~'f..S ?:,þ,\<:P ---LC-1 5 ' " 10 ,., 2J r- o " 9 0 24 'l-- ~ -: -'-. 7 7 0 26 --R>01 C-2 1771 ~" q,,0 ,~ ~ " : 1 +-.--- 13 j() -1- <II ... o : (\') +-~...--- : I :WltiFUU DR !Q. " 2R 8EDFORD,EULESS aD . . J C-1 -1 R "" NO.TN s' . ~ 1ft r- eD o C '" Z "' nucr I IR n ___ _ _.u.__.______ _ _ __._~_..~_..._ _.____..._____ TRAcT L\ ~ þ.. \.. \.. £,þ-S'\ , ~O~'\\\ ~ nucr 2 L----.---J .....,.... -"'-""'''-'NiiïTH' _..,-. .,.... ".....,-...... -'"-''''-''-'''''-''''''' .............,. -.....,- .._, lUCHLAND -. NRH SIGN REVIEW BOARD AIIii~ . City of North RiChlan~ ""'" . ~7J VI!,7ñf' 7301 NEloopS:, ~ (Please print or type all responses) North Richland Hille~' Fe., . 817581-5500 2000 PART 1. APPLICANT INFORMATION . ........ Name ci applicant L ABERFELDY LIMITED PARTNERSHIP - ---- Street address ci applicant: - C/O' Corrigan Real Estate Services 3500 Oak Lawn Suite 500 City/StatelZip Code of appHcant Telephone number ci applicant: 214 520-1150 Dallas, Texas 75219 FAX number ci applicant 214 520-6777 Are you the owner c:i the Are you the owner's agent? NOTE: If you are not the owner ci the property, you must attach property? a letter from the property owner giving you permission to submit 0 Yes GJ No Q Yes 0 No this application. PART 2. SUBJECT PROPERTY INFORMATION Subject Property Legal Description: See attached Subject Property Street Address: Commerce Plaza 5515-5559 Rufe Snow NRH Richland Commons-8251 Bedford-Euless Road NRH PART 3. REQUEST TYPE 0 Interpretation Request GJ Sign Variance Request o Nonconforming Use Current zoning classification: Note: A map or plot plan of the property and drawfngs of the proposed construction must be submitted with this application. The applicants or their representatives must be present at their scheduled pUblic hearfng. II hereby certify that I am. or that I represent, the legal owner c:i the property described above and do hereby submit this request for a variance for consideration by the Sign Board Review, Date 2/14/00 s~æ"~ I ~:t Print Name BARRY P. T-R IEST - PART 4. FOR OFFICE USE ONLY Date á Review Board Public Hearing: Taxes, Liens and Assessments Paid? Case Number o Yes 0 No Valiance Approved: Date á Final Action: Fees: $175.00 Non-residential 0 Yes 0 No $100,00 Residential Conditions á Approval: This request will not be scheduled for hearing until the application fee is paid. K:\may\SIGNS\Sign Control Application,doc 05199 5 Part 5. DESCRIPTION OF REQUEST List the pertinent section(s) of the Sign Regulations and indicate the specific interpretation(s), variance(s), or nonconforming use exceptiones) being requested. According to the letter dated January 4,2000 from Tim Horvath, Code Enforcement Officer with the City of North Richland Hills, we are in violation of Ordinance 2341, Section 32, more specifically paragraph (e), which reads as follows: "( e) Signs attached to light poles, utility poles, traffic control poles and trees shall be prohibited." The Ownership and Management (collectively referred to as the "Owners") of Rich land Commons and Commerce Plaza interpreted this paragraph to refer to such signs as handbills, garage sale signs, weight loss signs, etc. which are commonly found taped on light poles, traffic control poles, or stapled on utility poles and trees. This type of signage is indeed unsightly and detrimental to the beautification of any property. The Owners are committed to the long-tenn hold and care of both of these properties which are a small part of a much larger nationwide portfolio. The preservation of these assets, which includes curb appeal, cleanliness, and general preventative maintenance are first and foremost in the minds of the Owners. It is the Owners' intent to create an aesthetically pleasing atmosphere for the businesses in the shopping centers, their patrons, and the neighborhood in general. It has become customary for upper end retail centers to be decorated with the style of banners which have been purchased for these properties. The Galleria, Old Town, Inwood Village, The Pavillion on Lovers Lane and Preston Park Village are examples of such. The Owners would like Richland Commons and Commerce Plaza to be remembered in the company of these prestigious retail centers. State the grounds for the request and detail any special conditions that may cause hardships that in your opinion justify the variances or exceptions being requested. Explain any unique circumstances, if applicable, not considered by the Sign Regulations. This banner program has been put in place on numerous of the Owners' properties and has received great appreciation from the business owners. The Owners believe that the banners are inviting and aesthetically pleasing. When a retail center is pleasing to the patron, they return more often and sales typically increase, which in this case, brings more sales tax dollars to the City of North Richland Hills. It is a win-win situation. Should the Owners be required to discontinue this seasonal banner program, which includes at least five change outs a year, the Owners will suffer a hardship of substantial monetary damages. The banner program at Richland Commons constitutes an initial investment of $27,500 and an initial investment of $1 0,000 at Commerce Plaza. The Owners did not interpret the Ordinance which has been cited to include the quantity and quality of the banners which have been purchased. ...~~-----~._~._..~". ¿ /~ , ~ .¡i ~ s ..~.~: I-'c'~--iì -.-....-.----------...... FLOOR PLAN FES ? "('01'\ ) COLOR CODE EXPfIATION YEAR LE 00 VACANT SUITE NO. YEAR RSF NAME 2000 101 2007 43.461 HAVERTY'S FURNITURE 200 2001 1,893 ABC TEMPS 2001 202 2001 1,637 ISIS PAPYRUS 2002 210 2004 8.870 M STAR ORTHOPEDIC ASSOCIATES 211 2002 3.448 MONARCH BUSINESS EQUIPMENT 2003 213 VACANT 1,195 VACANT 2004 215 2003 1.875 DEJA VU SALON 220 2004 3563 MID-CITIES PREGNANCY CENTER 2005 + 222 2004 1.344 DOMINO'S PIZZA 224 2001 1.050 ALLSTATE 231 2002 3,832 PAGE NET RIQLAN) COMMONS 234 2002 1.103 AZTEC CONSTRUCTION 250 VACANT 2.570 VACANT 8251 BEDFORD-EULESS ROAD 254 2004 3.214 FRALIA CO, & ASSOCIATES NORTH RICHLAND HILLS, TEXAS 255 2002 4.791 FUTURECOM CORPORATION LEASED & MANAGED BY: C Corr~an Real Estate Services HALLWAY 1,197 350 Oak Lawn Suite SOO DallasŠ Texas 75219 214- 20-1150 TOTAL 85,043 &l Â_ 1lJJJ~~~ . ! i : I ~ ,.- A ----. ~ ..:::)- -~ ~ - .._~~. .. ..r'.... , " ·_-,·;,~-r.~' .; , ,',l",.<~, 1 --,,-::"'C;~::':,;;¡;o,.*';~:::'7':'''-. ., ---~-- '-: :. '-, ~ ....~......._..- CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 03/27/00 Subject: Public Hearing to Consider the Request of Harwood - Agenda Number: SRC 2000-03 Grapevine L TD to vary from the Sign Regulations for Canopy Signs on Lot 5, Block 1, Walker Branch Addition in a C1-Commercial District. The property is located at 8405 Harwood Road. CASE SUMMARY: Mr. Marshall Merritt of Harwood Grapevine Ltd. is requesting the Sign Review Board to make an interpretation on the adopted Sign Regulations relative to wall and canopy signs. Mr. Merritt submitted a sign permit application for signage on the canopy above the gas pumps at the Texaco Station under construction at 8405 Harwood Road. The sign permit was denied on February 10, 2000, because the proposed signage was not in compliance with the Canopy Sign Regulations. A canopy sign is a sign attached to a canopy, which extends more than 3 feet from the exterior of the wall surface to which it is attached or to a free standing canopy. Canopy signs shall not exceed 50% of the wall surface area of the canopy, letters on a canopy shall not exceed 12 inches and logos may be up to 16 inches in height. Mr. Merritt feels his proposed sign could be defined as a wall sign. Mr. Merritt would like for his sign to be interpreted as a wall sign because the restrictions are less. He could have larger lettering and a larger logo. The attached exhibit shows the requirements for canopy signs on the top elevation. The bottom elevation follows the wall sign regulations. "'-- If the Sign Review Board (City Council) interprets the proposed signage as a canopy sign, the applicant has submitted a variance request for consideration. The applicant desires to vary from Section 13.b.2.h. Canopy Sign Letter and Logo Heights. The letter size would vary from 12 inches to 30 inches a variance of 18 inches. The logo height size would vary from 16 inches to 33 inches, a variance 17 inches. Please find attached a copy of page 20 and 21 of the Sign Regulations for Wall Sign requirements and Canopy Sign requirements. SPECIAL CONDITIONS: Staff found no special conditions exist. The language for canopy and wall signs are somewhat conflicting and need revising to clarify Council's intent. It is Staff's understanding that Council specifically wanted signage on canopies, whether attached to a building or freestanding canopy, with the more restrictive language. Source of Funds: Bonds (GO/Rev.) Operating Budget - ~ 1 Other ~ Finance Review Account Number Sufficient Funds Available ....~- Finance Director "- ~ \\NRH_CITY _HALL2\VOL 1\DATA\PZ\Cases\Sign Review Committee\SRC 2000-03 HARWOOD GRAPEVINE L TD,doc Page 1 of 2 I "- CITY OF NORTH RICHLAND HILLS RECOMMENDATION: To deny SRC 2000-03 because no special conditions exist. CITY COUNCIL ACTION ITEM \\NRH_CITY _HALL2\VOL 1\DATA\PZ\Cases\Sign I'(tlVltlW \"urnrnlutltl~l'(\" ¿uuu-v,) nl'\l'(vvuuu ~r{APEVINE L TD,doc Page 2 of 2 .-. -·I·.."~'· -..,-...'- "..,... \\Þ.tJOpD-25 2 ':uf;)O I \2119 01..- 1863 PD-24 2197 t\.~c\\ \)~t" .¡ 'ß?- ~ ~\..l'- ð,,,"'ò\?J PD-27 2245 ¢ ~~ ~G ~ ~~ ~~ øq! ,\~'ß~s'\L ~o?:. '§J21' ~t>-\)O 'ß\..~O \\\40 PDl25 22 9 \:CI. rJ",,1 c .. .. h .. _.~ _ _ '§J't16 U HARWOOD ROAD - _ _ _ _ rJP m 8 m, F 9R SRC 2000-03 VARIANCE REQUEST 8405 HARWOOD ROAD I OAkS DR ð,ð,'tJ;?J 2 6 17 Ii I!I Ii 17 III 15 II 20 ... " 21 " 20 22 12 21 R-7-MF .. ?>ð,\<:fJ T1tX 1R.Ð --- C-2 1802 ~~\) ~\C\\'v úS O~l'- ?Jð,\<;'0 L_~C-1 5 x ~" ~ '" 2O¡" 22fT -----.-..- ~~ .,~~----~ -------- ~. _. .__..~___ ~__23 6 o ..,., I ., n 7' I 2A '" "" ...._...,' _.__.,L._'I! C-2 1771 ,.. r ,..,., ........... NRH SIGN REVIEW BOARD APPLICATION City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 817581-5500 (Please print or type all responses) PART 1. APPLICANT INFORMATION Name of applicant ìrd ¿f\. Sva·~ I O() I Telephone number of applicant: ~ t4- g d.4-(PS-"s- FAX number of applicant ~ I<. .- g d '" - '" ,~ 7 S- .;;JO b Are you the owner's agent? NOTE: If you are not the owner r:I the property, you must attach pr~ Yes D No o Yes a letter from the property owner giving you permission to submit No this application. Lo+ 5" B loc..k \ Subject Property Street Address: We::¡ I er.s B ra n g4os- H-QrW~¿)d PART 3. REQUEST TYPE )Zf Interpretation Request Current zoning classification: d, Sign Variance Request D Nonconfonning Use Note: A map or plot plan of the property and drawings of the proposed C-I construct/on must be submitted with this application. The applicants or their representatives must be present at their scheduled public hearing. II hereby certify that I am, or that I represent, the legal owner of the property described above and do hereby submit this request for a variance for consideration by the Sign Board Review. Date ;;:; - /4- - 0 0 Print Name M~ V'S ~ 11 -Me fr;..¡J- S~_e If/nk ~ PART 4. FOR OFFICE USE ONLY Date of Review Board Public Hearing: Taxes. Uens and Assessments Paid? Case Number D Yes D No ~fO~ Variance Approved: Date of Final Action: Fees: $175,00 Non-residential o Yes D No $100,00 Residential Conditions of Approval: This request will not be scheduled for hearing until the application fee is paid. K:\mary\SIGNS\Sign Control Application,doc 05199 5 PART 5. DESCRIPTION OF REQUEST List the pertinent section(s) of the Sign Regulations and indicate the specific interpretation(s), variance(s), or nonconforming use exception(s) being requested. ~~:.nuY\ 15 B- 7b De.f; "'; -l11H1 ~ ~ J:s f1..e... frlll',{).Jd!~:ea Çg,~ J¡....., t-.ø// 51'~ ? .:¡-P ~_ ~~ C/1.4,.,... . Clis+ cJ,.eÆ.';' ~-tiI>l1~f:$~,,-tttMJ) Tì ; wql s~~, ('.A~ 51r I ¡()- :rYl~~"!1~Þ1 Va~QI'\~: 5ec.,-Í't'ol"\ 13 i3 :2 h De-5; ~ (j) ~ 'l 'PIt 1 C\ Vc; V';.q 1,Ul.. . /t ...l._ " -Ie> \., 4'tðv leik< size ~ l ~ -.,..., 30 " " I~ S:2A.. ~ J{, ~ "33 State the grounds for the request and detail any special conditions that cause hardships that in your opinion justify the variances or exceptions being requested. Explain any unique circumstances, if applicable, not considered by the Sign Regulations: ~/('1 o rÒ>ì. Vl4 ""'- ~.,. I'1Vt [ß7\ tf) 1 flu+e ~',d~ ~ -þWt~r CeiJ~I~ tpt;. ~ Sir- B{7.l~-J-d~-B-A~-h'oll'l is the.. I'nOS+ ;rn¡o~""+ Cf$./J~ &+ Q tfw,tD/ì V1Õ' CuSio~~S_ ~ q C,¿fflV41;4-7«- ''''re. We Q re. l1iP-{- a 1Io~ -to ha.v~ q pÐ/€. Sl~ _~ 5b/cL £,<..R.. IIA &. q/~ J. 0 ,. 1" le. ;¡.r'5 I . +0 a.i ?fla¡ -f1¡¿ S--Þltcla ~ {eJt.~ lot', t}uÝ ,de,,-I;-fìCA-hbF1 '^'; II ~ ~+/~ nq ~4P. K:\méW)'\SIGNS\Sign Controj Application.doc 05199 6 02/15/2000 20:26 2148246693 MERRIMAC ENERGV CORP PAGE 03 Part 5, DESCRIPTION OF REQUEST List the pertinent section(s) of the Sign Regulations and indicate the specific interpretation(s), variance(s), or nonconforming use exception(s) being requested. 1. Interpretation. a. Question. Is the proposed gas lettering and logo a canopy sign or wall sign, or can it be classified either way because of Section 13B 1,1 b and Section 13B 2. The definitions of Wall Signs and Canopy Signs are circled for your review. Gas signagellogos appear to fall under the definition of Canopy Signs or Wall Signs. b, If gas lettering and logo are deemed a Wall Sign, then as stated in Section 13B, lb, our total signage for the building and canopy, as a percentage of the building front, is only 16.8% (Building front is 14.6' x 75'=1081 square feet x 25%=272 square feet. Signage, including canopy totals 182 square feet which is 16.83% of building front, and 32.5% less than the ordinance maximum). c, If gas lettering and logo are deemed a canopy sign, then, 2. Variance. a. Harwood Grapevine, Ltd. desires a variance to increase the Texaco letter size from 12" to the standard 30" and the logo size from 16" to the standard 33". Harwood Proposal (S. Elevatio.!!1 The percent of letters and logos versus the wall surface area of the south elevation is: South elevation wall surface area = 468 square feet Letter and Logo wall surface area= 46 square feet Percent ofsignagellogo vs. wall surface area = 9.8% City Ordinance (S. Elevation): The percent of letters and logos versus the wall surface area of the south elevation is: South elevation wall surface area = 468 square feet Letter and Logo wall surface area= 7.64 square feet Percent of signagellogo vs. wall surface area = 1.6% Harwood Proposal Œ. Elevation): , The percent of letters and logos versus the wall surface area of the south elevation is: South elevation wall surface area = 234 square feet Letter and Logo wall surface area= 46 square feet 02/15/2000 20:26 2148246693 MERRIMAC ENERGV CORP PAGE 04 Percent of sign age/logo vs. wall surface area'" 19,66% Percent of Logo only vs. wall surface area = 2.5% City Ordinance Œ. Elevation): The percent of letters and logos versus the wall surface area of tbe south elevation is: South elevation wall surface area '= 234 square feet Letter and Logo wall surface area= 7.64 square feet Percent of signage/logo vs. wall surface area;:: 3.26% Percent of Logo only vs. wall surface area = .6% State the grounds for the request and detail any special conditions that cause hardships that in your opinion justify the variances or exceptions being requested, Explain any unique circumstances, if applicable, not considered by the Sign Regulations. 1. The ordinance does not fully contemplate consideration for gas canopy signs. 2. The canopy ordinance as it applies to gas canopies does not appear to be consistent or reasonable. While a Wall Sign can be as much as twenty-five percent (25%) of a wall surface area and a canopy sign can be as much as fifty percent (50%) of a wal1 surface area, the city ordinance does not allow for our canopy signage and logo. Each will take up only 9.8% of the wall surface area of the south elevation and 19.66% of wall surface area of the east elevation (and only 2.5% with only the logo). 3. Brand identification is the most important aspect of attracting customers for a convenience store. Our site plan was approved with a pole sign. However, the new sign regulations went into effect before our building pennit was submitted. We were told that we couldn't have a pole sign. If we are denied a variance for the standard Texaco lettering and logo, our identification will be greatly reduced and business harmed. 02/15/2000 20:26 2148246693 MERRIMAC ENERGY CORP PAGE 06 f. illumination Subdivision Nameplate Signs may be illuminated, 6, Traffic Directional Signs Th7 purpo.se of a Traffic ~irectional Sign is to aid vehicular traffic into or out of a business establishment by Ide~tlfylng only the vehicle entrances or exits, Traffic Directional Signs shall cornply with the following regulatIons: a. General (1) A permit shall not be required for a Traffic Directional Sign, (2) Traffic Directional Signs shall be allowed in zoning districts shawn in Section 10, Table of Permitted Signs. (3) Only two (2) Traffic Directional Signs rnay be allowed for each drive approach. Each sign rnust be either an "Entrance" or an "Exit" labeled sign. (4) A Traffic Directional Sign shall not exceed four (4) square feet in area, (5) Traffic Directional Signs may include a company name and logo. (6) A Traffic Directional Sign may be illuminated, (7) Traffic Directional Signs shall be located on private property, b, Regulations for Industrially Zoned Property. (1 ) A permit shall not be required for a Traffic Directional Sign. (2) Only two (2) Traffic Directional Signs may be allowed for each drive approach. Each sign must be either an "Entrance" or an "Exit» labeled sign, (3) A Traffic Directional Sign may not exceed 15 square feet in area, (4) Traffic Directional Signs may include a company name and logo. (5) A Traffic Directional Sign may be illuminated. (6) Traffic Directional Signs shall be located on private property, 8, Building Signs The purpose of a Wall Sign is to provide single faced signage attached flat against the wall of a structure. For the purpose of these regulations, a sign attached to a mansard roof that has a 1:1 slope or more shall be regulated as a Wall Sign. For the purpose of these regulations. a sian that is attached or affixed to an awnina or canoPY-like structure that does not extend more than thirty-six (36) inches from the exterior of the wall surface to which it is attached shall be regulated as a Wall Sign, Wall Signs shall comply with th following regulations: Building Signs shall be regulated as either Wall Signs, Canopy Signs, or Projection Signs. 1 , Wall Signs 20 11-22-99 02/15/2000 20:26 2148246693 MERRIMAC ENERGY CORP PAGE 05 a. Permitted Districts Wall Signs shall be allowed in zoning districts shown in Section 10 Table of Permitted Signs. , Maximum Area Multiple Wall Signs shall be allowed per wall surface, but the maximum area of all Wall Signs on each wall surface shall not exceed twenty-five (25) percent of the total wall area, For purposes of these regulations, the term "wall area" shall mean the wall surface of a single tenant structure or the storefront of a multi-occupancy Structure. Well Si9ns may be placed on the vertical e 0 reestan in cano ies however the cano ¡es ma not be counted toward the sign area ,allowed, c. Multi-family Developments Wall Signs for multi-family developments are limited to one (1) Wall Sign for each street frontage and a maximum area of twenty-five (25) square feet. d. MaxImum ProJectIon. A Wall Sign shall not project more than eighteen (18") inches from the surface upon which it is attached. However, the upper edge of a Wall Sign mounted on a mansard roof may project more than thirty-six (36") inches so long as the sign is perpendicular to the ground and does not extend above the apparent roofline of the building. e. No Projection above Roof Line Except for signs attached to a mansard roof, all Wall Signs shall be placed flat against the wall of a building and shall not project above the cornice line, parapet wall, the apparent flat roof, eaves line of the building, or extend beyond the side wall of the buifding. f, illumination A Wall Sign may be illuminated, 2. Canopy Signs The purpose of a Canopy Sign is to provide advertising on a canopy structure. For the purpose of these regulations, a sign attached to a canopy which extends more than three (3) feet from the exterior of the wall surface to which it is attached or to a free standing canopy shall be regulated as a Canopy Sign, Canopy Signs shall comply with the following regulations: a. Canopy Signs shall be allowed in zoning districts shown in Section 10, Table of Permitted. b, A Canopy Sign shall not exceed fifty (50) percent of the wall surface area of the canopy. c. A Canopy Sign shall not extend beyond the canopy in any direction, d. A Canopy Sign may be illuminated. e. Canopy signs shall not be located above the second floor level. 1. Signs suspended from a canopy shall not extend: (1) To less than eight (8) feet above any pedestrian walking surface below, or (2) To less than fourteen (14) feet above a vehicular maneuvering area. g When a canopy is provided over a gas pump area, signs attached to the su~ports of the canopy, may . be allowed and are exempt from any permit requirements. However, such sIgns shall not exceed four (4) square feet in area. h, Letters on a canopy sign shall not exceed 12 inches. Logos may be up to 16 inches in height 21 11-22-99 02/~5/2000 20:26 2148246693 I\}' C,I, CONC, ~---f------ -----, I I MERRIMAC ENERGY CORP i 5' Ç.l'1 \ ~__ -_-l~ ~C'/r <-4",~ I \ \ PAGE 08 I \ 1\ .' 0 1\ '.. \ \ I \ I ~ONC, \ \ ',"" \ -t- 32,0' '" CAR WASH ~ ~ F'F' = 58Z,OO - 32,0' ..,..,S(."c , I..ANQSCUC '" S,r 99g NOTE:: DUMPSTER SCREEN WA_l TO IoIATCH BLOO, MI\SON~Y, 7M' , C/' ~~f:J ,\-0 's!1:::J 8·~ CONC, ÌD PROPOSED BUILDING IT .. 582,25 3020 S, F, b i 49,5' 75,0' 6' CONC. WALK 1 SPACE rq,..- <. ~~~~l' '<i,<' .ð 'f(/Ý'1¿ J~ " "'~~ ~ou. y (T'IP,) ¡!; C!. CONC, ,---- I J' I ... 1"0 N ~ I"' I ..0 I I -,04,o·------1 o 0: o o I 0 I I L - .-/' CONC, CONC, \ /\ ~ / ,CONC, çJ1-'> ./ ~;P~ FUEL PUMP ISlANOS 25' Ø,L ~ LF ~ROP. GUARD RAIl (SEt D~TAJL SHEET C-9) ", ", \ /r/ -43.00' 120.00' BENCHMARK: SQUARE CUT IN , CENTER OF INLET ELEV "= 579.11 HAR WOOD ROAD , , 4N . '.. "" . , 02/15/2000 20:26 ~~/1~/2000 e9:38 2148246693 81784--79 MERRIMAC ENERGv CORP WILLOW CREEK, PAGE 07 PAGE 81 CITY OF N$RTH RICHLAND HILLS --,- FeDrDlPy , 0, 2000 Planning & In,p.ctJon Servioes WiDow Creek StþJ POBOX 79326 SagiDaw TX 76179 R.~: Applkalion numbers OO-4OOi 1994,00-40011999,00-40012001 8405 Harwood Road. C8DOpy lip applications, Dear Mr. Flory: We completed the m1eW ofyoUl' applict,tioD' fbr the canopy sigJq aDd 1be propoeed si¡lø do nor meet the requirements cODtaiacd in Ordinance # 2374, which relds in pan u foUows: Clnopy Stgns .... -.....--... The purpose of a C.nopy Sign is to provide Idv11Irtteing on a canopy structure. For the purpose of Ihaee ~lltIona, I sign attached to a canopy whld1 extends more than three (3) feet fmm Il'Ie exterior of the wall surf8ce to which it ¡, aÖlld'led or to a fr8e slandlng canoøy ehall be regu1etecl II . Canopy Sign. Canopy Signs ehd comply WIth !he following regulations: a. Canopy Sign.."." be allowed in zoning dfsbicts shown In Section 10. Table of Permitted. b. A Canopy Sign ahaH not exoetd fifty (50) percent of the wall sulfaoo ... of the canopy. c. A Canopy SIan 8MII not êJdtI'ld be)l'Ond the canopy in any dlNðtlon. d. A Canopy Sign may be illuminated. 8. Canopy elgn. al1all not þ, loalted above the second ftoor level. f. Signs suspended from a canopy shall not 8)(tand: (1) To,... than eight (8) feet above any pedestrian walking surface below, or (2) Too lea than fourteen (14) feet above a vehlcul.r rnaneuvetlng area, g. When a canopy is Pft)vlded over a gas pump area, signs attached 10 the supports of the canopy', may be allowed and are exempt from any pennlt requirements. However, such signs shall not e~eed four (4) square feet In area. h.- \:.-ett$~ on Ii ~8nopy $1grI, shl!lll not exeeecl12 rnches. logos may be up to 11In~" In helgnt. Specìf cally, the applications indicated the lettering end company logo .t 3010 & 33· which exceeds the maximum allowable heights. You may resubmit revised drawings that camply with the regulation, contal"ed In the canopy tection or you mty appeal the rtgul.tions to the Sign Review Board. For in'ormation regardIng tn. apI's.' process, contact the Planning Oepal1ment at (817) 427~300. If I can be of further assistance In this matter. please teel free to call me at (817) 427-6335, ~nY, :/ d Oi'yde~ Building Official P.O. Box 820809. North Aict1rand Hills. Texas *76162-0609 USA 7301 Northeast Loop 820.. 817-581-5514· FAX 817-656-7538 " .- CITY OF NORTH RICHLAND HILLS "- Department: PlanninQ & Inspections Department Council Meeting Date: 03/27/00 Subject: Public Hearina to Consider the Reauest of Edwin Smith Agenda Number:LRC 2000-02 for a Variance to the Landscaping Regulations to allow a 12.7% landscaped area where 15% is required and to vary from the required landscaping for parking lots on Lot 1 R, Block 1, Tapp Addition. (Located at 5201 Rufe Snow Drive) General Descriotion The applicant has submitted an application to vary from the Landscaping Regulations of Ordinance No. 2423. The request, part of the Richland Pointe Mall conversion and remodel, is to allow 12.7% landscaped area where 15% is required and to allow variance from the parking lot landscaping requirements. Landscaoe Variance The applicant is requesting variances to the following sections: F. Landscape Area Percentaae: An area not less than 15% of the total lot area must be landscaped. I. Landscapina of Parkina Lots (2): One large tree required for every 20 parking spaces. Such trees shall be planted in an island in the interior of the parking lot. No parking space shall be located more than 100 feet from a large tree within a landscaped island. '-- I. Landscapina of Parkina Lots (5): All parking lots must be at least 5% landscaped. SPECIAL CONDITIONS: Because this is a reuse project, the developer is forced to work within limits that are dictated by the existing development. One of these existing conditions is the large expanse of pavement that makes up the parking area. Providing for the required landscaping islands and percentages, including irrigation lines, would force a massive reconstruction of the parking lot (see the applicant's attached statement). The applicant has agreed to provide enhanced landscaping at the main entry drive, in front of the building, and on the perimeters of the site. RECOMMENDATION: To approve the variances for LRC 2000-02 to the Landscaping Regulations. Source of Funds: Bonds (GO/Rev.) Operating Budget Ot r Finance Review Account Number Sufficient Funds AvallaDle gv Finance Director L:\Cases\Landscape Review Committee\LRC2000-02-40 Richland Pointe.doc Page 1 of 1 LRC 2000-02 LANDSCAPE VARIANCE REQUEST 5201 RUFE SNOW DRIVE / I .- "', = I ê II~' o '" I "'{'\'''~ 1/,8 II 'A1 þ.\J~ ?þ.?-.~ I \~\). 'Z.\\\~ '7 ~--.- ! 1-2 3 I , ¡ ------ 2'1 C-1 "'-R QC 2253 'Ø . QC ... C-2 œ -_._~ ~ , C-2 1850 :JI\O JR1 '" "'-'" LR5 ~ fiJr;-[J - . - .. .--- .- ~_..-_._- 1 II ..--.-- . c..QMB.S ~ 0 I ~\\~ \t>-?? rt>-\)\)~ ð,\3ð,3 ¡~ ~ C-2 ~ o Z <J'J 4 r 1 NORTH EAST LOOP 820 ~ I , I ~,~iþ?-.\C ~~ CO~'~" : i 'ò'2.() ~O~'\\\ TIt". 1ß4'Z.':J C - 2 ~=-=:::=-===-..: " CORONA DR ,2000 i '461'" I '" '" nw:T . ~ U l^ R U ~ ~ . f/ l ! ~ " () 23 _._._--~.- .- '" <t-'1r~ , u < ... o ') ,.. :;; ... " , < -, J ~ I I 11<2.UI " T>l2AJ " ¡- ---J rro:z- I i-- I B " ð S -~3¡--1 ! I I ; , 2S ~..! Z3 j !2 ! 21 _ 20 : I Iii ! MARilYN LN I--- . 3 c---· -1 .4 7 2'1 II [ ~ 5 4 QC " 0 " < 0 ~ 0 0 < ... . ;¡ R- - ·f 5 I- 5 TR u 9R . , 5 ... 19- ~ ... ~ ~. 8R ~O~'\\\ c. \\ ,\S w:\! 392b,0 E"A'Ð'I'C!1<W€lRlECS'!illÐI 0-1 2253 C-1 2253 3Q¿b,O [ D C-1 i 14 I I I ~ .- ~_ :"'-=~":"_~:.-:-::- n.::';" ....._.~:-~~-::_.. ::';":;'''.-- -':'::.-::...:'" =-:.: :_~.:. 14 II -1 :r > )( ... o z 17 2 II O?-.'\\\ c. ~ \\'\~' 39'Z.ð,C 16 C~_ ." :0: ~ -< '" R u J , I 1 ' tR ¡ ~: ... ,. C-1 1255 '" ... ",21~ '" f/ " f/ " J " I) ai I I I I i " i 8 f/ I "I e II... L 'Z <!' -~ _. ,..\\,\S I~ Grounds for the Request The existing 17.3501 acre outlet mall development was built in 1982 is completely paved other than the north, south and west perimeter areas. Hilltop Drive, Combs Road and an existing multi- family development bound these areas on the northwest corner. Providing the 15% landscape area for the entire site will damage the integrity of the existing parking lot and sub base. Our current proposal provides a 12.7% landscape area for the total site while maintaining the perimeter planting requirements of the city. We are also providing large areas of landscaping focused primarily on the new main entry architecture. These areas are the most visible from the public right of ways. Providing the landscaping of the parking lot will damage the underlying sub base of the existing parking lot paving. In addition, irrigation lines for the plat materials would have to be trenched across existing paving again causing permanent damage. Civil engineering practices agree that excavating holes and trenching across existing paving compromises the stabilization and dramatically alters the moisture content of the entire paving cross section. This process is routine as part of new construction, yet difficult with existing paving in place. We propose to provide larger areas of landscaping in conjunction with the exterior building improvements. Primarily the creation of a new entry boulevard adjoining the entry drive form Rufe Snow Drive and the subsequent termination of this boulevard on a semicircular landscaped entry zone. Our planning idea is of an ecological building oasis. Thus the concentration of planting around the new entry. Sent By: PLANNING INSPECTION; 817 427 6303j Mar-8-CO 11 :30AMj Page 4/5 NRH LANDSCAPE REVIEW BOARD APPUCATION City d North RichJand Hills 7301 NE Loop 820 North RictÄnd Hills, TX 817 581-5500 (p1_e print a" type aß ,-pense) PART 1. APPLICANT INFORMATION N...., d appic:ant: . Edc.,u ìt'"\ ~V'Q n1-{t", "S V\'\ \ ~ street addr8H ct appIbnt: ..J Ce (0 Ð B N~ te.-vv\Yr.c. ( C)c{)V~~W~ S ()\..\.e., 84ð ~ caø. d wicant TIIiIpIIoM numIIet ct appiI;æt: - 'l.t4 ~e· I~OO 1'\-1\0 -r",1:. FAXnumbetcf~ \...-Q ~ I e)(40 I ..Jf2.0Co '2.\:c.( , :í,¿'" ~. ,- ~12..0 ÑØ yoo the owrB' d the Ate you the owners ~ NOTE; If yOU are not the owner d 1M ~Y. you must attach ptq)eltty? a IIIhr fRxn the property awrw gNing you permiøion to autJmìt D Yea !XI No ~ Yea D No this appIic;.eCion. PART 2. SUBJECT PROPERTY INFORMATION s~~~:=n;plr1-at- Leo\- I t1- - ~\ðc.\L I T~pp Addi-hoV-.. VO~. ~~~\- (.ø~ C-t11à oC= NðVf"h 14ck.(((~ ~Il~ íarfrall\t Cøv~ íS"ý~ P ~ Subject Propll'ty Street AddnIss: C;"2.D1 (2..vfe, S~O\AJ OVl(J~ I t'-J~ ~c.kI¿¡~J U- lls l f"K ÎCeI BD PART 3. REQUEST TYPE o Interpretation Request (2?l Landscape Variance Request 0 Noncontonnng Use Current zooing cI..iflCation: Nolle: A map or J*t ..... of 1M M'Operty .nd drawtngs of the P'VPOMd C f2.. CoW\rY\-eV'C~ot I ~ m~ be su~ WIdII:Iú.~. T'" ~'"* orthei, ....-.....u- m.-t De pr--.t. thotfr scheduled public Mming, II ~ c.ettiIy th.at I ..,. or thllt I ~. the Iege owner ~ ~ ~ descri»ed aboIoII! and do tw.oy submit f\i$ teq1JeSt fer a V8tianœ ft¥ COOIÎå8niItioo by the L.and&Cape Board R~. ~ . Date e> VV\ttV'"~ ~O ~ PmtName Edwin PJVQ.V\+i~'1 'S~l-h-. s¡gnacure --rt[U{ - .-- - PART 4. FOR OFFICE USE ONLY Date aI ~ Soard Pl,¡blic: Heanng; TÞIM. tAnG am;! A6eeMmel1ts Paid? v~.~: Dyes 0 No o Yes 0«. d F.,,~ Ac:ticIn: o No J~(t.;Jcco.c) Fee5:~ :5r::ollP. Þ '" CondlUons ct AøptovaJ: TNs reQUeSt will not be sd1eduted fer nearing ~iI the 8p1 1iCaticn fee 1$ paid, K:\mIl')'\1.ANQSCAPING\Laråcape AppiicaIion,dQC 0Si00 4 -~; '1"~' CITY OF NORTH RICHLAND HILLS '- Department: PlanninQ & Inspections Department Council Meeting Date: 03/27/00 Subject: Public HearinQ to Consider the Reauest of TeaQue Nail & Agenda Number: LRC 2000-03 Perkins, Inc., for a Variance to the Landscape Regulations, Ordinance No. 2423, Section G, Landscape Setback Adjacent to Public Street Rights-of-Way to allow a 5.5-foot landscape Setback from Browning Ct. where a 15-foot landscape setback is required. General Description Teague, Nail, & Perkins has submitted an application to vary from the Landscaping Regulations of Ordinance No. 2423. The request is associated with the expansion of a parking lot on an 12-lndustrial property located on Browning Court, a cul-de- sac street. The parcel is part of the H&M Foods Campus. The existing parking lot has a 5.5-foot setback from Browning Court. The applicant proposes to continue the 5.5-foot setback with the expansion. The expansion stretches for approximately 190 feet of Browning Court frontage. Landscape Variance The applicant is requesting a variance to the following section: G. Landscape Setback: There shall be a landscape setback having a minimum width of 15 feet adjacent to all public rights-of-way. SPECIAL CONDITIONS: This is an expansion of an existing parking lot that was constructed prior to the City's landscape regulations. The design and dimensions of the new parking area will be consistent with the existing parking area. Requiring a 15-foot landscape area for a portion of a parking lot would look awkward. Additionally, the applicant is trying to provide as many off-street parking spaces as possible to reduce H&M's parking problems. The parcel is at the cul-de-sac of Browning Court where the property across the street is under the same ownership. RECOMMENDATION: To approve the variance for LRC 2000-03 to the Landscaping Regulations. Source of Funds: Bonds (GO/Rev.) Operating Budget th r Finance Review Account Number Sufficient Funds AvallaDle zØ Finance Director Signature L:\Cases\PZ Cases\Cover Sheet CC,doc Page 1 of 2 ~ 43,. \:"" Liul I ' .. II e;~ II BROWNING CT ""J · · I 1-2 3 1-2 1194 !lU:: "'" i----- ", 'R.I 3 ? ~ít¥- ~f1 ~Q' þ.\. LRC 2000-03 LANDSCAPING VARIANCE REQUEST 6350 BROWNING CT. · I : I : , CITY-I.-IMITS II!. S CITY LIMITS U 2168 T1!j2 PD-23 2171 CitES TR.8JG R RR_~~~~&~ I R2 I R-"2 I þ.\)\¡~ ? ~ít~ I \..\\). \<;'~J6 \" 2\\ I I ¡ 1_ ~ nll!JJ Z r- r- '''''' 1-2 -4 T1lBJ 0 .. tI . " HPBI!'IfÐ'I!IIÐ'R_ 2 R-7-MF <1\\\y. <1\ þ.\'\' ~\)\)~ ,,\~,,~ 1 , T1l" .. C-2 C-2 1450 T1l. ..-.-----. ..--.-.---- ....-...-.-- - ---.--.-- -------- N.a~ ltICHL. HrLi '---- ~ NRH LANDSCAPE REVIEW BOAt<D APPLICATION City of North Richland Hills 7301 NE Loop 820 (Please print or type all responses) North Richland Hills, TX 817581-5500 PART 1. APPLICANT INFORMATION Name of applicant: Teague NaIl and Perkins, Inc. Street address of applicant: 915 Florence Street City/StateJZip Code of applicant: Telephone number of applicant: (817)336-5773 Fort Worth, Texas 76102 FAX number of applicant: (817) 336-2813 Are you the owner of the Are you the owner's agent? NOTE: If you are not the owner of the property, you must attach property? a letter from the property O'Nner giving you permission to submit 0 Yes ~ No [] Yes 0 No this application, PART 2. SUBJECT PROPERTY INFORMATION Subject Property Legal Description: Lot A-R2, Block 3, Industrial Park Addition Subject Property Street Address: Browning Court PART 3. REQUEST TYPE 0 Interpretation Request [Ð Landscape Variance Request 0 Nonconforming Use Current zoning classification: Note: A map or plot plan of the property and drawings of the proposed 1-2 construction must be submitted with this application. The applicants or their representatives must be present at their scheduled pUblic hearing, II hereby certify that I am, Of that I represent, the legal owner of the property described above and do hereby submit this request fOf a variance fOf consideration by the Landscape Board Review. Date March 20, 2000 Print Name Scott A. Gibson Signature ~~ Il {;~__ PART 4. FOR OFFICE USE ONLY Date of Review Board Public Hearing: Taxes, Liens and Assessments Paid? Case Number 0 Yes 0 No Variance Approved: Date of Final Action: Fees: $175,00 0 Yes D No Conditions of Approval: This request will not be scheduled fOf hearing until the application fee is paid, , L-R..c.- ~c> C? -0 2- 'c:- 4 1= q ~\ --I K:lmary\LANOSCAPING\Landscape Application.doc .Of" . .,' .,oj., 05199 ,\ , \ 'z.. "if? '{t. 'I.. .,.("- "Z...,~ i~~\'=<:~ PART 5. DESCRIPTION O,'-",EQUEST ..., List the pertinent section(s} of the Landscape Regulations and ìlìJicate the specific interpretation(s), variance(s), or nonconforming use exception(s) being requested. (G) Landscape Setback We are requesting avariance on the proposed parking lot @ Lot A-R2, Block 3 Industrial Park Addition. The parking lot ext~nds into the landscape setback by 9 1/2 feet. . State the grounds for the request and detail any special conditions that cause hardships that in your opinion justify the variances or exceptions being requested. Explain any unique circumstances, if applicable, not considered by the Landscaping Regulations: (1) We are proposing to match existing parking lot dimensions to - maintain continuity in design (2) The proposed parking lot and the plant across Browning Court are part of the same campus and have the same property owners. Therefore, the impacts of the variance are kept within the campus and in turn, only affects the property owner. K:\mary\lANDSCAPING\Landscape Application.doc 05199 5 " ~ CITY OF NORTH RICHLAND HILLS ,~ Department: PlanninQ & Inspections Department Council Meeting Date: 03/27/00 Subject: Consider Reauest of GSBS Batenhorst for a Final Plat Agenda Number: PS 99-42 Of Lot 1, Block 1, Brentwood Estates Addition. The Property is Located in the Northwest Corner of Davis Blvd & Shady Grove Road. CASE SUMMARY GSBS Batenhorst is proposing to final plat one lot, containing 1.4 acres and zoned "C-1 Commercial. The subject property is located at the northwest corner of Davis Boulevard and Shady Grove Road. This parcel was preliminary platted by case #PS 99-35. Lot 2 to the north, which is not being final platted at this time, contains 3.695 acres. The applicant, in their memo dated March 2, has responded to the comments in the Public Works memo dated February 28 (attached). The remaining comments noted by Public Works concern requirements for engineering and construction plans and are not associated with the plat. RECOMMENDATION: The Planning and Zoning Commission at their meeting on March 9, 2000, recommend approval of PS 99-42 by a vote of 6 to O. To approve PS 99-42 as recommended by the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle ¿¡¡ftJ Finance Director L:\Cases\PZ Cases\Cover Sheet CC,doc Page 1 of 2 . .-------..-- TIU.U:I" -¡ '1lIUPI I - Y LIMITS Q .. I >' ., ~ 25 !-þ ~ 21 '2 I- u K u 14 '" I tI l-._ I .. I f7 , .. R-2 1t"'8 1222 ~.Yo -_. -._- . -.--.-.--. N.aTH IUCHLAND PS 99-42 FINAL PLAT LOT 1, BLOCK 1, BRENTWOOD ESTATES -----...-- ... A( TR.1».3 \:II 2 11UICT 14 AG o TIlUl TR.Œ' AG 12 CREEK CT , i '( ; 9 i 5 ; 7 " . 2 1-2 ,-1222 D 114 Ie /.. I r7 CT I 122 ,21 \/' 2' 2J! O~t'- , ~i, I 20 S'tÞ<µ \)\1)~-¡~ ' I it-. i I J1 I J2 rT i2a 1:9 ;"I I TIlIJA TIlÐA4 111."" TIlnc . .-' EY CT ]J I I I i 3t'3II:37,,,I-I' J4 i I i ~ '~1~1 I 42 ! 'J . .. '., <4, Ii,' ' !IW:T .. C-1 1198 C 1 TRACT "'.2 It...>,) 'Ý<~O ""C C-1 C-1 1664 TRACT '" "1.4'" 1115 AG -~-_.. -- -.--- .... - .. - :: -- - i ;;; ~ - 1-1 .... r- 2059 ... n - ð,~ 1 ,\\J'P'P \..c. ~'i)'i)~ \\'- ... :: ... - -..., 0 :: It o z ~_..-r : .~ I 0 > '--0 -<,~ JOt I --- ----. AG n ... n ... "'-7D -------- '3 - -.... , "'-71! 'I ~_1 16>74 1 r1ll7"'" -u, .... ..,_ __ ..__ --T- --~ ,-L-.;-- - , I I ,I I I' , i c C=n;1 i , i I ~u._ ,,~,..~R.~~~Df..:,J:_"]uC "'-m - , I r- - i ,_,_i ~.~Nt~'I<:_,....L-. C-' 1200 . _...._~ 11l ..-.-- ---.-.--. --..,=, GSBS BATENHORST INC March 2, 2000 IEIVIE n M\ -32000 U 7291 GLENVIEW DRIVE FORT WORTh TEXAS 76180 TEL 817,589,1722 FAX 817.595,2916 WWW.GSBSB.CO... Ms. Marcy Ratcliff Director of Planning City of North Richland Hills 7301 N.E. Loop 820 N.R.H., Texas 76180 Re: Summit Bank Memo to P & Z Commission dated February 28, 2000 Dear Marcy: Following are responses to P & Z Comments received on March 1,2000 1. Drainage Analysis: The Civil Engineer is in the process of compiling resolutions to city comments and will be addressed in a separate letter. 2. Fire Hydrant: The fire hydrant to the North will be addressed on the next plan submittal. 3. Utility Easements: All water and sanitary sewer improvements will be contained in a waterline, sanitary sewer or utility easement. 4. Drainage Easements: All required drainage easements have been shown on the plat and construction plans. 5. Maintenance Agreement: A separate maintenance agreement form will be obtained from Public Works and returned with the appropriate information. 6. Off Site Easements: The necessary changes to the off site easement documents are in the process of being made. 7. Off Site Grading: A notarized letter of permission will be obtained. 8. ROW Dedication: All ROW have been provided. 9. Street Improvements: All drawings pertaining to the improvement to Shady Grove Road will be finalized to reflect the latest comments from the city. 10. TxDOT Pennit: The TxDOT permit application will be obtained from Public Works and returned with the appropriate information. ARCHITECTURE I LANDSCAPE ARCHITECTURE I INTERIOR DESIGN I PLANNING 11. Signatures: All required signatures and seals will be added to the mylar of the Final Plat. 12. Sidewalks: Sidewalks will be placed in the required location so as to avoid any interference with the water main or fire hydrants. Dimensions will be provided for the location of the water main, fire hydrant, and valves. 13. Street Lighting: The location of existing street lighting will be shown on the final topographical drawing. 14. Engineers Certification: A signed Engineers Certification will be included with the drainage calculation sheet in the construction plans. Sincerely, 171- --...... o IECIEDV~ n ~ tlAR - 3 2000 U I::J Jim Tharp Project Manager GSBS Batenhorst NI~H Public Works I Administration CITY OF NORTH RICHLAND HILLS February 28, 2000 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E. Staff Engineer SUBJECT: PS99-42; BRENTWOOD ESTATES ADDITION, BLOCK 1, LOT 1; Summit Bank; Final Plat We have reviewed the subject documents submitted to this office on February 22,2000 and offer the following items for your consideration. 1, DRAINAGE ANALYSIS Additional drainage calculations and revisions are required. A separate letter addressed to the Engineer outlines these issues. 2. FIRE HYDRANT The Design Manual contains criteria for necessary fire hydrant coverage, Appropriate coverage radii for the applicable fire hydrants have been shown, although the fire hydrant to the north has not been included on the plans, nor have dimensions been shown indicating the location of this hydrant. This needs to be addressed with the next plan submittal. An additional fire hydrant may be required, 3. UTILITY EASEMENTS A 7,5-foot Utility Easement has been provided along the north side of the lot and a 10'-0 along the west property line, All water or sanitary sewer improvements, which are part of the public system, shall be contained in a waterline, sanitary sewer or utility easement. 4. DRAINAGE EASEMENTS All storm drain improvements shall be placed in a drainage easement. The detention pond area shall be contained in a dedicated drainage easement. The easements shall be described with bearing and distances, The location of the easement from the property line shall be dimensioned as previously requested. A minimum 15'-0 drainage easement is required, 7.5 feet from the centerline of the pipe, The easements shall be shown on the plans as well as the plat to verify improvements are covered. 5, MAINTENANCE AGREEMENT A separate maintenance agreement is required for the detention pond area. Public Works has an example of a standard agreement document that may be used. This has been previously requested and has not been provided. p,o, Box 820609 . North Richland Hills, Texas· 76182-0609 7301 Northeast Loop 820 . 817-427-6400 . FAX 817-427-6404 PS99-42, Brentwood Estates Addition, Block 1, Lot 1, Summit Bank, Final Plat February 28,2000 Page 2 of 3 6. OFF SITE EASEMENTS Signed off site water & sanitary sewer, utility, public access and drainage easements and exhibits have been received. The drainage and public access easements may be filed. The off site water and sanitary sewer easement should be a water easement only and is not required until the waterline is proposed for construction. This easement cannot be verified without waterline construction plans. The utility easement should be a sanitary sewer easement, therefor the easement documents as well as the note on the plat should be revised to reflect this. 7. OFF SITE GRADING The grading plan indicates grading on the property to the north. A letter of permission from the adjacent property owner has been provided agreeing to the grading. The letter provided is not notarized, and does not reference the plan sheet or date as previously requested. Revisions to the grading plan on Lot 2 are required. Public Works suggests a revised letter, providing the requested information prior to plan approval. 8. ROW DEDICATION Additional street ROW has been shown to be dedicated for Shady Grove Road, Shady Grove Road is designated as C2U on the Master Thoroughfare Plan, which requires a total of 60 feet of ROW dedication. A total of 30 feet from the centerline of the street to the north has been shown to be dedicated for the required ROW, Davis Boulevard is designated as a P6D on the Master Thoroughfare Plan, which requires a 120-foot ROW dedication. The ROW is shown as 60 feet from the centerline to the west ROW line of Davis Boulevard. 9. STREET IMPROVEMENTS This plat fronts on Shady Grove Road. Shady Grove Road needs to be improved to provide curb and gutter along the north right-of-way, The Subdivision Ordinance requires that the Developer construct one half of the required street. Plans have been reviewed and returned to the applicant with comments. 10. TxDOT PERMIT The Plat is bordered by Davis Boulevard (FM 1938), a State Highway. A TxDOT Access Permit will be required for the proposed joint approach onto Davis Boulevard. The TxDOT permit application must be submitted to Public Works for approval prior to submitting to TxDOT. TxDOT approval is required for all work conducted in the State ROW. A permit will be required, after City approval of plans, for the storm drain improvements to the State drainage system and for the intersection of Shady Grove Road and Davis Boulevard. PS99-42, Brentwood Estates Addition, Block 1, Lot 1, Summit Bank, Final Plat February 28, 2000 Page 3 of 3 11. SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 12. SIDEWALKS The Subdivision Regulations require sidewalks adjacent to all public streets. TxDOT requires sidewalks to be located 4'-0 off of the ROW line. Public Works is not opposed to moving the sidewalk to the ROW line if TxDOT approves, such that it is not directly over the 24" water main. Public Works is also not opposed to the sidewalk being constructed as required by TxDOT as long as the fire hydrants are not located in the sidewalk and the water valves are not partially in the sidewalk. The location of the water line, fire hydrants and valves need to be tied down and dimensioned from the ROW line as previously requested. 13. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing streetlights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional streetlights, which may be required, based on current ordinances, needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. A streetlight plan is required with the next plan submittal. 14. ENGINEERS CERTIFICATION A signed Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculation sheet in the construction plans. A separate letter addressed to the Engineer and the marked up plans have been provided outlining items specific to the construction plans, The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans, The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ~~~~. JW /tcd/pwm200Q4J36 cc: Gregory W. Dickens, P.E., Public Works Director Kevin 8, Miller, P,E., Assistant Public Works Director -'.' Þs 99-42 / City ot NQr1h RIchJand HIDs , 7301 N.E. Loop 820 NOIth Richland Hils, TX 78180 817·581 ·5515 Application Type: o Preliminary Plat Application for Subdivision Plat Approval NRH ("'---"~ ~ Final Plat DReplat DShort Form DAmended Plat Property Owner Informat/on: Name of Property Owner: Summit Community Bank - NA Phone No. 817-870-5200 Address of Property Owner: 9001 Airport Frwy., Suite 100 City: North Richland ~il~s State: T exa s Zip: 76180 Proposed Subdivision Name: No. of Acres in Plat: No. of Lots in Plat 3.86 2 Authorized Agent Informat/on: -Note: An affidavit signed by the property owner is required when the agent /s not the property owner. Name of Authorized Agent: G S BS Ba t enho rs t I nc Phone No. 817 - 589- 1 722 Address: 7291 Glenview Drive City: North Richland Hills State: Texas Zip: 76180 Surveyor / Engineer Informat/on: Name of Firm: Loyd Branson Surveyors. Inc. Phone No. 817-834-3477 Address: 1028 N. Slyvania Ave. City: Fort Worth State: T ex a s Zip: 76111 Contact Person: Charles B. Hooks, Jr. Plat Fee Calculation: All Prelfmlnary Plats a. AppliC3tion Fee: b. $1,50 per residential lot or $5.00 per commercial acre: Total Fee: $120.00 All Replats, Shon Form Plats, and Final Plats a. Application Fee: $120.00 b. $1.50 per residential lot or $5.00 per cornmerr:ial acre: $ 1 0 . 00 c. $65.00 for each street intersection: d. County plat Rfing fee: $58.00 . All Amended PI,ts a. Application Fee: b. County plat Rfing fee: Total Fee: (none) $58.00 . $58.00 Total Fee: $lRR no . Additional filing fees may be applicable for oversize or extra documents. Time Waiver Request: (optional) The appliC3nt is aware that action on this plat may not take place for more than thirty (30) days and waives aU time requirements for approval of the plat. Signature: Your name (Printed Name): Signature: Subdivision Plat Application 4 CD. 418 (1 .98) 5. PS 99-42 REQUEST OF GSBS BA TENHORST FOR A FINAL PLAT OF LOT 1, BLOCK 1, BRENTWOOD ESTATES ADDITION. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF SHADY GROVE ROAD AND DAVIS BLVD. APPROVED Mr. Johnson explained that GSBS Batenhorst is proposing to final plat one lot, containing 1.4 acres and zoned C 1-Comercial. The subject property is located at the northwest corner of Davis Blvd and Shady Grove Road. The applicant has responded to the Public Works comments of February 28, 2000. A few minor notations that must be added to the plat prior to being forwarded to the City Council have been identified to the applicant. Staff recommends approval of PZ 99-42 subject to the minor notations being approved by Public Works prior to City council consideration and with the engineering comments as noted by the Public Works memo dated February 28, 2000. Mr. Blue, seconded by Mr. Tolbert, moved to approve PS 99-42 subject to the minor notations being approved by Public Works prior to Council consideration and the engineering comments noted by the Public Works memo of February 28,2000. The motion carried unanimously. P & Z Minutes March 9, 2000 4 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 03/27/00 Subject: Reset Date for Public Hearing to Reconsider Amending Agenda Number: GN 2000- 27 Zoning Ordinance No. 1874 to Add Article 12, Neighborhood Parkland Dedication . Requirements PZ 99-36 - Ordinance No. 2455 CASE SUMMARY: City Council denied 4-3 the proposed amendments to Zoning Ordinance No. 1874 to add Article 12, Neighborhood Parkland Dedication atthe February 14, 2000 meeting. City Council at the February 28,2000 meeting voted 5-1 to reconsider that action at the March 27,2000 meeting. Required newspaper notification was not made and a specific date needs to be reset for proper notification. RECOMMENDA TION: Staff recommends City Council reset the date for the Public Hearing on the Neighborhood Parkland Dedication Requirements to April 10, 2000. ',,- Source of Funds: Bonds (GO/Rev.) Operating Budget _ _~ 1 o er ~ Finance Review Account Number Sufficient Funds Available Finance Director \\NRH_CITY _HAll2\VOl1 \DA TA\PZ\Cases\PZ Cases\ 1999\PZ 99-36-41 Parkland Dedication.doc Page 1 of 1 I CITY OF NORTH RICHLAND HILLS "'- Department: Police Department Council Meeting Date: March 27, 2000 Subject: Approve Mass Gathering Ordinance - Ordinance Number 2463 Agenda Number: GN 2000-28 The recent reevaluation of Ordinance Number 922 has revealed shortcomings and fallacies that make it too restrictive in some cases, as well as ambiguous and unenforceable in others. The growth of the City since the passage of Ordinance Number 922 in September of 1981 , has brought new and dynamically different mass gathering scenarios to light, as well as provided new, larger facilities to handle such public assemblies. ,'. By ordinance definitions, the proposed ordinance would not require churches and schools to obtain permits for events if they meet the requirements of adequate electrical and plumbing. The ordinance is aimed at necessitating a permit only for those events that are in areas, such as a vacant field, where no electrical or plumbing would be available and ,where the crowd is in excess of 1,000 people to be gathered for a continuous period of 2 or more hours. In an effort to make the City of North Richland Hills easily accessible and compellingly inviting to our citizens and visitors, certain provisions of the old ordinance have been updated and removed. The new revised ordinance will affirm the City's strong support and partnership with the community for a continued high quality of life in all areas with minimal government intrusion. Recommendation: It is recommended that the Council approve Ordinance Number 2463. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director ~' , /& ' - . à Manage~ ._------~._~"~---.._,. .____~.___~_.'~_~__"~__._o,.'" ".__~_^._____.____.___._.___ MASS GATHERING ORDINANCE CLARIFICATION OF ISSUES As stated on the cover sheet, staff feels that certain aspects of the current Mass Gathering Ordinance are too restrictive and ambiguous in areas. Outlined below are the more significant issues that will be clarified with the new ordinance. Increase the number of participants from 500 to 1000. Modify the Health and Sanitation requirements to match current City and State regulations regarding minimum standards for water supplies, toilet facilities and medical and first aid requirements. The current ordinance refers tothe "county health officer", which no longer applies. Pr()vide specifically for exemptions for worship services of churches, gatherings sponsored by a school or school district, a college or college district or gatherings sponsored by a public agency of Tarrant County, this City and the State of Texas. The current ordinance could present some "technical" problems with events such as scheduled activities at the Birdville Fine Arts/Athletic Complex, school carnivals, some church festivals, the City's annual Fourth of July activities, Youth Advisory Committee events, Park and Recreation events and anticipated future community events that could be scheduled for the Town Center common areas. ORDINANCE NUMBER 2463 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS TO BE KNOWN AS THE NORTH RICHLAND HILLS MASS GATHERINGS ORDINANCE; ESTABLISHING REGULATIONS GOVERNING THE CONDITIONS UNDER WHICH MASS GATHERINGS ARE CONDUCTED; ESTABLISHING REGULATIONS TO PROTECT THE SAFETY AND HEALTH OF THE PUBLIC DURING MASS GATHERINGS; ESTABLISHING A PERMIT APPLICATION AND APPEAL PROCEDURE; REPEALING PREVIOUS MASS GATHERINGS ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. DEFINITIONS 1.01. "Mass Gathering" means any meeting or gathering held within the City limits or within the extraterritorial jurisdiction of the City of North Richland Hills, Texas, wherein anyone in attendance at the meeting or gathering is not or is not expected to be within a permanent structure and which attracts or can be expected to attract more than one thousand (1000) persons who will remain at the location of the gathering for a period of more than two (2) continuous hours. "Mass Gathering" shall not mean any worship service of any church, nor shall it mean a gathering sponsored by a school or school district, a college or a college district, nor a public agency of Tarrant County, this City, nor the State of Texas. 1.02. "Permanent" as used in "permanent structure" means any man-made structure for which the City has issued a building permit, a plumbing permit, and an electrical permit; and which has existing and currently operating plumbing and electrical services which comply with all ordinances of the City; and which has an existing and currently operating supply of water provided only by the City, and which has existing and currently operating sanitary sewer service provided only by the City. 1.03. "Promoter" means any person, group of persons, entity, firm, corporation, partnership, or association that organizes, promotes, or solicits funds for the organization or promotion of a mass gathering. 1.04. "Performer" means any person or group of persons who contract with the Promoter to provide a service, product, or exhibition, with or without remuneration, which constitutes in whole or in part, the attraction to the public for the event. 1,05 "Issuing Officer" means the City Secretary of the City of North Richland Hills, Texas, or the City Secretary's designated representative. SECTION 2. PROHIBITION 2.01, No person may act as a promoter of a mass gathering unless he obtains a permit from the issuing officer under the provisions of this ordinance. If the owner of the property on which the mass gathering is to be held is not the promoter as defined in Section 1.03, the owner of the property shall not be required to obtain a permit under the provisions of this ordinance. 2.02. No person may direct, control, or participate in the production of a mass gathering unless a valid permit for the event has been issued as provided in this ordinance. 2.03. No person may direct, control, or participate in the production of a mass gathering in violation of the terms and conditions of a permit issued in accordance with this ordinance. SECTION 3. APPLICATION FOR PERMIT 3.01. Not less than sixty (60) days before a mass gathering is to be held, the promoter of the mass gathering shall file an application for a permit with the issuing officer. 3.02. The permit application shall include: a. The name and address of the promoter, his/her partners and co-producers assisting in the promotion of the mass gathering or event; b. A financial statement of the promoter, his/her partners and co-producers, and a statement specifying from whom capital for the mass gathering or event is being supplied and in what amounts; c. A description of the place where the mass gathering or event is to be held, indicating the size and location of any and all performance stages, booths, tents, and other temporary structures or shelters; d. The name and address of the owner of the place where the mass gathering or event is to be held, and a statement describing the terms and conditions of the agreement whereby the promoter is authorized to use the land; e. The date and time that the mass gathering or event is to be held; f. The maximum number of persons that the promoter will allow to attend the mass gathering or event and a statement showing how the promoter plans to control the number of persons in attendance at the mass gathering or event; g. A detailed description of the promoter's agreements with any and all performers who are scheduled to appear at the mass gathering or event and the legal names and addresses of the performers who have agreed to appear and their agents; h. A full and complete statement describing the promoter's preparations for the mass gathering or event to comply with the minimum standards of sanitation and health as prescribed for mass gatherings by the Texas Board of Health pursuant to Section 751.010 of the Texas Health and Safety Code; I. A description of all preparations being made to provide traffic control and to assure that the mass gathering will be conducted in an orderly fashion and that the physical safety of all persons in attendance will be protected; 2 j. A description of the preparations made to provide adequate medical and nursing care; k. A description of the preparations made to supervise juveniles and other minor persons who may attend the mass gathering or event; I. The application for the permit must be certified by the promoter and be based on his best information and belief; m. A filing fee of One Hundred Dollars ($100.00) must be submitted with the application for a permit. SECTION 4. INVESTIGATION 4.01. After an application for permit is filed, the City Secretary shall send copies to the North Richland Hills Environmental Services Director and the North Richland Hills Chief of Police: 4.02. The Environmental Services Director of the City of North Richland Hills, Texas, or the Director's designated representative shall inquire into preparations for the mass gathering or outdoor festival and no later than thirty (30) days prior to the scheduled date of the mass gathering shall submit a report to the City Secretary of the City of North Richland Hills stating whether or not he/she believes that the minimum standards of health and sanitation provided by State and local laws, rules, regulations, and orders will be maintained. 4.03. The Chief of Police of the City of North Richland Hills, Texas, or the Chiefs designated representative, shall investigate preparations for the mass gathering and no later than thirty (30) days prior to the scheduled date of the mass gathering, shall submit a report to the City Secretary of the City of North Richland Hills, Texas, stating whether or not he/she believes that the promoter is in compliance with all State and local laws, rules, regulations, and orders, and whether or not adequate provisions have been made by the promoter to ensure that public safety and order will be maintained. 4.04. The issuing officer may conduct any additional investigation, which he/she considers necessary. 4.05. The issuing officer may impose reasonable conditions or restrictions on the granting of a permit, including but not limited to any of the following: a. Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports, use of animals, equipment, or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create an unreasonable risk of harm to the public; b. A requirement that the applicant pay a reasonable deposit of security for the repair of any damage to city property, or the cost of cleanup, or both; c. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate Police personnel for security and traffic control, and Fire Department personnel for fire-watch assignments at the proposed activity; 3 d. A requirement that the applicant furnish additional sanitary and refuse facilities that might reasonably be necessary based on the use or activity for which the permit is being sought. 4.06. The issuing officer shall enter the findings on record and shall grant or deny the permit no later than 15 days prior to the scheduled date of the mass gathering. SECTION 5. REVOCATION OF PERMIT 5.01. After a permit is issued, if the issuing officer finds that preparations for the event will not be completed by the time the mass gathering is to begin or that the permit has been obtained by fraud or misrepresentation, he/she may revoke the permit. 5.02. The issuing .officer must give notice to the promoter forty-eight (48) hours in advance of the revocation, and arrange a hearing on the revocation if requested to do so by the promoter. SECTION 6. APPEAL! HEARING 6.01. Any promoter or person affected by the action of the issuing officer in granting, denying or revoking a permit under this ordinance may appeal to the City Manager, who shall hold a hearing at such person's request. 6.02. Such person requesting a hearing shall submit to the City Manager a written request for a hearing to show cause as to why the permit should be granted or should not be revoked. Such request shall not stay the denial or revocation. A hearing shall be scheduled within five (5) working days of such request. 6.03. Notice of the time and place of the hearing shall be given to the promoter and to any other persons who have expressed an interest in the granting or denial of the permit. 6.04. The Environmental Services Director and the Chief of Police or their designees, and the City Secretary shall be available to give testimony relating to their reports at the hearing. 6.05. At the hearing, any person may appear and testify for or against the granting of the permit. 6.06. After the hearing, the City Manager of the City of North Richland Hills shall have the authority to affirm or overrule the action of the issuing officer and shall grant or deny the permit. SECTION 7, DENIAL OF PERMIT 7.01. The issuing officer or the City Manager may deny the permit if it is found that anyone or more of the following apply: a. The application contains false or misleading information or required information is omitted; 4 b. The financial backing or stability of the promoter is insufficient to assure that the mass gathering or event will be conducted in the manner stated in the application; c. The location selected for the mass gathering or event is inadequate for the purpose for which it is to be used; d. The promoter has not made adequate preparations to limit the number of persons attending the mass gathering or event, or to provide adequate supervision for juveniles and other minor persons attending the mass gathering or event; e. The promoter does not have adequate contractual agreements with performers, or does not have, or loses assurance that performers who are scheduled to appéàr will in fact appear; f. 'The preparations for the mass gathering or event do not assure; i. That minimum standards of sanitation, health, and fire safety will be maintained; ii. That the event will be conducted in an orderly fashion; iii. That the physical safety of all persons in attendance will be protected; iv. That adequate supervision of juveniles and other minor persons attending the event will be provided; v. Adequate arrangements for traffic control will be provided; vi. Adequate medical and nursing care will be available; g. The time and place for the mass gathering or event creates a substantial danger of congestion and disruption of other lawful activities in the immediate vicinity of the mass gathering or event; 7.02. Every denial or revocation of a permit under this ordinance shall be in writing, dated, and shall state the reason for such action. Said notice shall immediately be sent to the applicant/permittee by certified mail, or shall be personally delivered to such person by courier. 7.03. If the City Manager denies the permit, the City shall notify the promoter in writing: a. The reasons for denial; b. The promoter may file an action in the District Court of Tarrant County, Texas, for review of the evidence presented to the issuing officer at the hearing, the findings of the issuing officer, and his decision. Said judicial review shall be perfected by the filing of a petition with the court within ten (10) days of the decision. 5 SECTION 8. PERMIT 8.01. A permit, if issued, shall authorize the promoter to hold a mass gathering event at a specified place at a specified time. Additional or subsequent events by the applicant will require additional permits. 8.02. Permits required by this ordinance shall be publicly posted in the area where the activity is conducted or produced and shall be exhibited upon demand to any law enforcement officer or city ordinance enforcement official. The posted permit shall have emergency contact information listed including name and telephone number, including area code. SECTION 9. CASH DEPOSIT 9.01. As a condition to the issuance of a permit hereunder, the City may require the promoter to make a deposit with the City of North Richland Hills, to provide an adequate fund for the compensation of such security personnel as may be required to insure the physical safety 'of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event. SECTION 1 O. PENALTIES 10.01 Any person, firm, or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor and fined not in excess of Five Hundred Dollars ($500.00) per violation. In the event that any person, firm or corporation sponsors or holds a gathering or event where less than one thousand (1,000) persons are anticipated to attend, then it shall be a violation of this ordinance to allow more than one thousand (1,000) persons to attend such event if no permit has been issued. The terms of this ordinance may also be enforced by civil action brought in a District Court of Tarrant County, Texas. SECTION 11. SAVING CLAUSE 11.01. If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. The City Council of the City of North Richland Hills, Texas, in the passage of this ordinance, finds that the above and foregoing provisions are necessary and proper and in the interest of the health, safety, and the general welfare of the community of North Richland Hills, Texas. This ordinance shall take effect and be in full force and effect from and after one publication of a descriptive caption hereof in the official newspaper of the City, and the City Secretary is hereby directed to so publish the same. SECTION 12. ADDITIONAL PERMITS 12.01 This Mass Gatherings Ordinance does not alleviate the responsibility of anyone associated with the mass gathering from having to seek other permits as required by State law or City Ordinance. It shall be the responsibility of the applicant to assure that all additional permits, if required, are obtained prior to any mass gathering event. 6 SECTION 13. PRIOR ORDINANCES REPEALED 13.01 Ordinance number 922 is expressly superceded by the terms of this Ordinance. Upon the adoption of this Ordinance, any section of an Ordinance in conflict with this Ordinance is hereby repealed. PASSED and ADOPTED this day of ,2000. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO CONTENT Lt~ Thomas R. Shockley - C f Pollee APPROVED AS TO FORM AND LEGALITY 7 · CITY OF NORTH RICHLAND HILLS Department: Environmental Services Council Meeting Date: 03/27/00 Subject: Renew Interlocal Agreement for Animal Housing Services Agenda Number: GN# 2000-29 for the City of Watauga, Resolution No. 2000-13 This Interlocal Agreement for Animal Housing Services represents the first changes and fee increase since 1991, when the originallnterlocal Agreement was signed between the cities of North Richland Hills and Watauga. As a result of the 1999 DMG Maximus Cost Recovery Study the Environmental Services department recommends the following changes: · Set a flat rate of $50 for each animal, dog or cat, puppy or kitten over 3 months of age, or litter of puppies or kittens under 3 months of age. ~ In 1991, the cost to handle an animal was $21 which is a little less than half of what it cost today to perform the same services which is currently at $43 per animal handled. By raising the fee to $50 per animal we are staying within the same parameters that we based the fees on initially, which was the cost of handling the animal plus an administrative fee. · All fees collected from owners and surrenderers of animals will be retained by North Richland Hills with the exception of the fees collected for Watauga animal licenses which will be forwarded to Watauga minus the current $1 processing fee. ~ The current process of reporting is cumbersome and time consuming. We have a very good software program that manages all of our data and information, but this process still must be done by hand and kept track of separately from our daily operations. Having a flat fee will simplify the process, eliminate errors and save valuable staff time. · Limit the Interlocal Agreement to 1 year with an option for renewal and re-negotiation of fees. ~ The current Interlocal Agreement does not have an expiration clause. This change will allow us to re-evaluate the fee structure each year and be prepared to make appropriate changes as the contract comes up for renewal. This Interlocal Agreement has been sent to Watauga Department of Public Safety for review and is expected to be discussed at the Watauga City Council meeting in April. ~ Finance Review Account Number S~fJicient Fund~f.vallable ítÆtt+0tß~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other CITY OF NORTH RICHLAND HILLS \___ The Interlocal Agreement has bêen beneficial for both cities over the past 9 years, allowing Watauga residents easy access to one of the best animal shelters in Texas and brining more people to the shelter to look for lost pets and to adopt new family members. We are proud of the Animal Services Center and staff and its standing in our community and will continue to strive to provide a safe haven for lost pets and a pleasant environment for people to visit. Recommendation: It is recommended that the City Council approve Resolution No. 2000-13, authorizing the City Manager to execute the Interlocal Agreement for Animal Housing Services for the City of Watauga. ~I CITY COUNCIL ACTION ITEM Resolution No. 2000-13 WHEREAS, it is to the mutual advantage of this City and the City of Watauga to enter into the attached Interlocal Agreement dealing with utilization of the North Rich/and Hills Animal Services Center. NOW THEREFORE, 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 Interlocal Agreement with the City of Watauga as the act and deed of this City. PASSED AND APPROVED this day of ,2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGAL FORM AND CONTENT: /1<- / .../ / ntal Services THE STATE OF TEXAS COUNTY OF TARRANT s S S INTERLOCAL AGREEMENT FOR ANIMAL HOUSING SERVICES This agreement made and entered into as of the day of 2000, by and between the City of Watauga, a municipal corporation, (hereinafter referred to as "Agency") and the City of North Richland Hills, a municipal corporation (hereinafter referred to as North Richland Hills or the Animal Services Center or the Center); WHEREAS, North Richland Hills, operates maintains and administers the Animal Services Center for the purpose of sheltering lost, unwanted, sick and injured animals until humanely disposed of in accordance with applicable ordinances and the humane principles of the Animal Services Center; NOW, THEREFORE, the parties hereto agree to the utilization of the Animal Services Center to be operated by North Richland Hills as the place of impoundment for all animals seized in accordance with the provisions of applicable ordinances, orders and laws under the following conditions: 1. The Agency agrees that they are fully responsible under the provisions of their respective ordinances, orders and laws for carrying out all enforcement provisions within their respective jurisdictions and that the Animal Services Center shall not be required to apprehend and seize any animals found running at large. 2. The Agency agrees that all animals seized and normally transported to shelter within their respective jurisdictions by their duly appointed agents, shall be delivered to the above-described Animal Services Center, there to be impounded under the exclusive control and custody of the Animal Services Center for periods Last printed 03/22/00 9:31 AM of time as required by State Law, applicable ordinances and orders except as hereinafter set forth. 3. The Agency agrees to pay to North Richland Hills the fees for animals received from within the respective Agency's jurisdictional limits in the amounts $50.00 per dog or cat, age 3 months or older and $50.00 per litter of puppies or kittens, less than 3 months of age. 4. The Agency represents to the Animal Services Center that it has in force ordinances or orders providing for the vaccination of animals under appropriate circumstances, providing for impounding of animals running at large, and providing for the condemnation or sale of animals; and that while this interlocal agreement is in effect, such ordinances or orders will be continued in force, provided, however, that such ordinances or orders may be modified from time to time as such Agency deems appropriate. The Agency agrees that to the extent that it has the power so to provide, every animal not claimed and redeemed by the owner by the expiration of four (4) days from the date of impoundment shall become the sole and exclusive property of the Animal Services Center, so that neither the Agency nor any agent of the Agency, nor of the State of Texas, nor any institution, corporation or individual shall have any claim or right to any animal not claimed and redeemed. The Agency agrees, that the Animal Services Center shall have the undisputed right, consistent with the respective ordinances and orders of the Agency, to humanely dispose of every animal given into its custody in accordance with the Animal Services Center's principles as follows: a. To place animals in the care, custody and control of owners, or 2 b. To place for adoption any and all animals which are deemed adoptable based upon, health, disposition and space. c. To euthanize animals which are not claimed by owners and which are not suitable for placement in the care custody and control of new owners. 5. The Agency agrees that if the City of North Richland Hills adjusts the schedule of fees charged for various services provided at the Animal Services Center, that this fee adjustment will apply to services provided to citizens from both municipalities equally. 6. The Animal Services Center agrees to accept each and every animal other than livestock (large animals) delivered to it at 7200 B. Dick Fisher Drive South, North Richland Hills, Tarrant County, Texas by the agents of the Agency and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Animal Services Center provides for all other animals which may come into its care, custody and control. 7. The Animal Services Center agrees that it will keep the Center open to the public for at least eight (8) hours per day on weekdays, and not less than seven (7) hours on Saturday for the purpose of giving owners ample opportunity to redeem their impounded animals. Exception to the above to include holidays and any closure on Saturday due to staff shortage; however, when the Center is closed to the public for staff shortages, board fees for those days will not be charged to owners who redeem animals held over those closure days. Closure days are not counted toward days required before disposition of animals. 8. The Animal Services Center agrees that it shall require every owner seeking to redeem an impounded animal to pay the current impoundment fee together with 3 the costs of board at the current rate for the animals so impounded. Further, the Animal Services Center shall require the owner of every impounded animal to pay all applicable fees including registration and vaccination fees of an impounded animal which has not been inoculated against rabies and registered before redeeming such animal in accordance with North Richland Hills Ordinances No. 2424 and 2425. 9. The Animal Services Center agrees that in accordance with Paragraph (4) of this agreement, if the owner of an impounded animal shall claim the animal prior to the Center's disposing of the animal under (A) or (B) or (C) of that paragraph, the Center shall collect from the owner the total impoundment, boarding and applicable registration fees due. 10. It is mutually agreed that the agents of the Agency shall adhere to all policies and procedures pertaining to operations in the Center. The Center agrees to supply to each agent a copy of the Animal Services Center Policies and Procedures Manual and to provide training sessions for all and future agents. 11. It is mutually agreed that the Center shall provide access to the North Richland Hills Responsible Pet Owner Program provided to first time offenders and offered in cooperation with the municipal court authority for citizens in participating cities. 12. It is mutually agreed that each Agency may appoint a veterinarian from within its community to hold a place on the North Richland Hills Animal Shelter Advisory Board. 13. The Center agrees to admit animals during normal operating hours and after hours in accordance with the Center's Policies and Procedures. 4 - .-.~..~--_."~..._"~-----~._~-~---- 14. The Center agrees to sell licenses for Agency with the stipulation that the Center retains $1.00 for each license sold. 15. It is mutually agreed that the Center personnel will retain the right based upon the Animal Services Center Policies and Procedures Manual to euthanize any animal which is judged to be terminal either from injury or illness. The Center shall notify the appropriate agency, where possible, before euthanasia is administered. 16. It is mutually agreed that Agency will participate in the Center's Neuter-After- Rebate-Program, whereby owner is refunded $15.00 of impoundment fee if she/he has the animal neutered within (30) days of release. The Center will handle all paperwork, verification and rebate. 17. It is mutually agreed that any and all donations, contributions or any other thing of value given to the Center or its agents, as a result of any service performed in carrying out the provisions of this interlocal agreement, and which is in excess of the amount properly chargeable for such service shall be credited to the operating and maintenance account of the Center, and that in the event such donation or contribution exceed the amount required to operate and maintain the Center then such donations or contributions shall be deposited in the North Richland Hills Animal Shelter Fund. 18. It is mutually agreed that the Center shall provide facilities for rabies observation which have been approved and inspected by the Texas Department of Health for the quarantining of dogs and cats. Animals delivered to the Center by the Agency for rabies observation shall be isolated for a period of not less than (10) days counting from the day following the bite incident. 5 _.._>-.~----"",.~.-- 19. It is mutually agreed that the Agency placing a dog/cat in quarantine shall be responsible for notification of victim and owner of animal's condition, date or release from quarantine. 20. It is mutually agreed that the Center will provide facilities to a representative of the Agency to prepare an animal for rabies testing and that the preparation, packing and shipping shall be the sole responsibility of that Agency. 21. It is mutually agreed that the Center shall have the sole and exclusive right to determine the responsibility of homes offered, and the Center shall have the sole and exclusive right to accept such applicants for unclaimed animals. 22. It is agreed that all the terms of this interlocal agreement shall remain in full force and effect for one (1) year or until amended, superseded by a new agreement, or cancelled by either party as herein provided and shall not be terminated by either party without giving 180 days written notice. 23. It is mutually agreed that fees are to remain constant for one (1) year of the contract. 24. It is mutually agreed that this interlocal agreement revokes all former agreements for impounding animals, written and oral, entered into by the parties. IN WITNESS WHEREOF, the said Agency and the City of North Rich/and Hills have hereunto caused their respective corporate names and seals to be hereto subscribed and affixed by their respective officers first thereunto duly authorized as of the date herinabove first written. CITY OF NORTH RICHLAND HILLS, TEXAS By: Larry Cunningham, City Manager 6 APPROVED AS TO FORM: Rex McEntire, City Attorney CITY OF W A T AUGA By: APPROVED AS TO FORM: Mark Daniel, City Attorney Dale Cheatham, City Manager 7 ... CITY OF NORTH RICHLAND HILLS \.-..- Department: Parks and Recreation Council Meeting Date: 3/27/00 Subject: Approval of Supplemental Agreement with Tri-Cities Trail Committee and Amending the Professional Services Contract with Mesa Design Resolution No. 2000-23 Agenda Number: GN 2000-32 The City is implementing the ISTEA funded Cottonbelt Multi-Use Trail Project concurrently with the cities of Colleyville and Southlake. Our Grant Agreement with the Texas Department of Transportation (TxDOT) and the Tri-Cities Trail Committee included contracting the professional services of one consultant for the entire trail project in all three cities. Mesa Design Group was selected and each city awarded separate contracts to Mesa Design Group for preparing the detailed construction documents. '--- Initially, the trail was designed to cross the railroad at several intersection locations to take advantage of connection to adjacent neighborhoods and to limit the construction costs associated with culverts, bridges, extensive slope grading and retaining walls. Since DART owns the right-of-way, DART representatives were involved in reviewing the preliminary alignment and layout of the trail. The trail alignment, associated survey work, and preliminary engineering details based on the preliminary alignment were completed and submitted to DART for review. After several meetings with DART, Mesa Design Group and the Tri-Cities Trail Committee, DART took the position that new pedestrian crossings should be limited or eliminated, citing that each crossing is considered a "new crossing", and stating that no "new crossings" will be allowed. However, DART did agree to a revised alignment with only one crossing in North Richland Hills at Precinct Line Road. The consultant contract with Mesa Design Group will need to be amended to include additional services required to re-survey and redesign the trail as relocated to accommodate the DART requirements. Supplemental Agreement No. 2 includes costs associated with the re-survey of the tracks where the consultant had not already performed the detailed slope survey, a traffic study at the railroad/street intersections and the redesign of the traif in the new locations. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 125-0000-604.79-00 SUff,j.rt Funds Available I~ M'-r \ Budget Director oJ '- Finance Director Page 1 of 2 CITY OF NORTH RICHLAND HILLS \..... c The Tri-Cities Trail Committee will split the cost according to the actual work required within each city. North Richland Hills share will be $48,457. The City will provide it's 20% in the amount of $9,691.40 through balances in the project construction grant fund previously allocated. The remaining $38,765.60 will be paid by TxDOT. This Supplemental agreement simply approves the re-allocation of funds from construction allocation to design allocation. The total amount of the grant will remain the same and no additional City funds will be required to amend this contract. Once the Supplemental agreement is executed and Mesa Design's contract is amended by all three cities, the documents will be forwarded to TxDOT. Colleyville and Southlake have approved and executed the Supplemental Agreement and have amended their respective consultant contracts. Recommendation: To approve Supplemental Agreement No. 2 with the Tri-Cities Trail Committee and appropriately amend the professional services contract with Mesa Design Group and pass Resolution No. 2000-23 authorizing the City Manager to execute the Supplemental Agreement and amend the contract. ',-- CITY COUNCIL ACTION ITEM Page 2 of 2 · "_.,--"~_._~~~-'-""~..~~_.'-------" RESOLUTION NO. 2000- 23 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the Supplemental Agreement NO.2 with the Tri-Cities Trail Committee and amend the contract with Mesa Design Group, as the act and deed of the City. PASSED AND APPROVED this 27th day of March, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: l1v- Rex McE tire, Attorney for the City APPROVED AS TO CONTENT: c ! ~ --.... - '-- ~ Jim Browne, Director of Parks & Recreation CITY OF NORTH RICHLAND HILLS Department: Budget & Research Council Meeting Date: March 27, 2000 Subject: Consideration of Opting Out of the Sales Tax Holiday Agenda Number: GN 2000-33 The first annual Sales Tax Holiday, Senate Bill 441 , was held on August 6,7 and 8, 1999. This 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 have the option to opt out of the holiday, which will be 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. The State sales tax exemption remains in place whether or not a local taxing jurisdiction participates. In order for the City of North Richland Hills to choose not to participate in the holiday, a public hearing must be held, a majority of Council must vote to repeal the sales tax exemption and Council must take formal action by passing a resolution stating that the City does not want to participate in the sales tax holiday. A copy of this resolution must be included with a certified or registered letter submitted to the Texas State Comptroller's Office by March 31,2000. , '- A comparison of August, 1999 sales tax receipts to August, 1998 indicates that there was a 6.59% increase over 1998. This was primarily a result of the strong economy. It is difficult to determine exactly what impact the sales tax holiday had on North Richland Hills. Information provided by Texas Municipal League estimated it resulted in a 4.3% decrease in municipal sales tax revenues statewide. If this is valid, and it most likely is, the revenue loss to North Richland Hills for August, 1999 would have been approximately $33,000. 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 public hearing must be held before an official vote is cast. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget rnherL~' epartment Head Signature Budget Director CITY OF NORTH RICHLAND HILLS Department: Budget & Research Council Meeting Date: March 27, 2000 Agenda Number: GN 2000-34 Subject: Public Hearing To Consider Opting Out of the Sales Tax Holiday 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 thé City of North Richland Hills opting out of the sales tax holiday. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~, Department Head Signature CITY OF NORTH RICHLAND HILLS Department: Budget & Research Council Meeting Date: March 27 , 2000 Subject: Council Vote To Opt Out of the Sales Tax Holiday Agenda Number: GN 2000-35 - Ordinance No. 2465 Section 326.003 of the Texas Tax Code states that after a public hearing is held, a governing body of a taxing authority may vote to opt out of the sales tax holiday. A majority vote must be recorded in order for a taxing authority to opt out of the sales tax holiday. If a taxing authority votes to no longer participate in the sales tax holiday, it is possible in the future to once again participate by following the same procedures as were followed to repeal the exemption. Recommendation If Council majority vote is to opt out of the sales tax holiday, approve Ordinance #2465. '-- Finance Review ~z Department Head Signature Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other ORDINANCE NO. 2465 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; and; WHEREAS, the City Council has considered opting out of the sales tax holiday, 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 on 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 2000 and future years. PASSED by majority vote of the City Council at the regular City Council Meeting of March 27, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary Y: APPROVED AS TO CONTENT: /~{: Karen Bostic, Director of Budget & Research CITY OF NORTH RICHLAND HILLS Department: Budget & Research Board Meeting Date: March 27, 2000 Subject: Sitting as Crime Control & Prevention District Board, Hold Agenda Number: CCO 2000-01 Public Hearing To Consider and Act Upon Repealing Application of Sales Tax Holiday Exemption - CCD Order No. 2000-01 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 hearing 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 #2000-01. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget ~k¡ Department Head Signature Budget Director ORDER NO. CCD 2000-01 WHEREAS, the Texas Tax Code, Section 326-003, makes it possible for a local taxing authority to repeal this application of a sales tax exemption during the sales tax holiday held on 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 2000 and future years. PASSED by a majority vote of the Board of Directors at a dully called and posted meeting on March 27, 2000. APPROVED: Charles Scoma, President ATTEST: Patricia Hutson, Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEn re, Crime District Attorney APPROVED AS TO CONTENT: /~~ Karen Bostic, Director of Budget & Research CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 03/27/00 Subject: Approve Public Riahts-of-Way Construction Ordinance - Ordinance No. 2464 Agenda Number: GN 2000-36 This ordinance is a result of provisions of House Bill 1777, approved by the 76th Texas Legislature and effective September 1, 1999. In November of 1992 the City Council approved Ordinance No. 1854 which became effective January 1, 1993. Ordinance No. 1854 approved a franchise agreement with Southwestern Bell Telephone Co. (SWBT) to provide local telephone service to residents of the City. This franchise agreement was for a term of seven (7) years and would have expired January 1, 2000. Sections 5 through 12 of Ord. No. 1854 outlined the conditions for SWBT to use the City's Rights-of-Way. The provisions of these sections were extended until June of 2000. Pursuant to HB 1777, local providers, such as SWBT must notify a municipality by December 1, 1999 that they are terminating the franchise agreements and will be complying with the terms and conditions of HB 1777. SWBT did provide us with this notification prior to December 1, 1999. With the termination of these conditions the City needs to take action under its "police powers" to protect the Public Rights-of-Way within the City. The attached ordinance will, among other things, assist in the management of facilities placed in, on or over the Public Rights-of-Way by minimizing the congestion, inconvenience, visual impact and other adverse effects, and the costs to the citizens resulting from the placement of facilities within the Public Rights-of-Way. It will also govern the use and occupancy and assist the City in its efforts to protect the public health, safety and welfare. It will assist in conserving the limited physical capacity of the Public Rights-of-Way and preserve the physical integrity of the streets and highways; control the orderly flow of vehicles and pedestrians; keep track of the different entities using the rights-of-way to prevent interference; assist on scheduling common trenching and street cuts; and protect the safety, security, appearance, and condition of the Public Rights-of-Way. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ Account Number Sufficient Funds Available ~a2~ Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS The proposed ordinance has been drafted by our contract telecommunications attorney, Mr. Clarence West. Mr. West has worked with the telecommunications industry in developing the specifics included in this ordinance. On a related note, on March 7, 2000, the U.S. Court of Appeals for the Sixth Circuit issued a decision upholding the City of Dearborn, Michigan's right to preserve local control of rights of way, compensation and franchising. This ruling specifically allows for "State and local governments to manage the public rights-of-way" and "require fair and reasonable compensation from telecommunications providers". The telecommunications industry has argued, and legislation was introduced during the last session, that local governments could only charge "actual costs" for rights-of-way maintenance. This ruling is viewed as very positive for local governments. RECOMMENDATION: To approve Ordinance No. 2464 establishing rules and regulations governing the construction and use of the City Public Rights-of-Way. r CITY COUNCIL ACTION ITEM Page_of _ .' ,",,~_"___~___~__,"""_" 'OW CONSTRUCTION IN THE PUBLIC RIGHTS-OF-WAY ORDINANCE NO. 2464 AN ORDINANCE TO ESTABLISH RULES AND REGULATIONS GOVERNING THE CONSTRUCTION AND USE OF CITY PUBLIC RIGHTS-OF-WAY, AND MAY BE KNOWN AS THE CONSTRUCTION IN THE PUBLIC RIGHTS-OF-WAY ORDINANCE. WHEREAS, the City of North Richland Hills (the "City") seeks to facilitate an orderly use of the Public Rights-of-Way in a non-discriminatory and competitively neutral basis; and, WHEREAS, in accordance with applicable federal, including, but not limited to, 47 U.S.C. I 253(c) and state laws, including, but not limited to, Tex. Uti\. Code' 14.008; and , 54.205, and Tex. Civ. Statutes, Art. 1175; the City seeks to exercise it's historical rights to control and manage its Public Rights-of-Way in a competitively neutral and nondiscriminatory basis; and implement certain police power regulations in the use of those Public Rights-of-Way, in accordance with Local Gov. Code' 283.056. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SECTION 1 - FINDINGS AND PURPOSE. The purpose of this Ordinance is to: (A) Assist in the management of Facilities placed in, on or over the Public Rights-of-Way in order to minimize the congestion, inconvenience, visual impact and other adverse effects, and the costs to the citizens resulting from the placement of facilities within the Public Rights-of-Way; (B) Govern the use and occupancy of the Public Rights-of-Way; (C) Assist the City in its efforts to protect the public health, safety and welfare; (D) Conserve the limited physical capacity of the Public Rights-of-Way held in public trust by the City; (E) Preserve the physical integrity of the streets and highways; (F) Control the orderly flow of vehicles and pedestrians; -1- --,._-,~-~--,----~-'"_.._~"_._,....,._'--_.._-_.... (G) Keep track of the different entities using Public Rights-of-Way to prevent interference between them; (H) Assist on scheduling common trenching and street cuts; and (I) Protect the safety, security, appearance, and condition of the Public Rights-of-Way. This Ordinance may be referred to as the "Construction in the Public Rights-of-Way Ordinance." SECTION 2 - AUTHORITY; SCOPE. This Ordinance applies to all Persons that place Facilities in, on or over Public Rights-of-Way. SECTION 3 - DEFINITIONS. In this Chapter: (A) Certificated Telecommunications Provider means the same as in Local Government Code Section 283.002(2) [any entity that has been granted a certificate from the Texas Public Utility Commission under Chapter 54 of Texas Utility Code authorizing that entity to provide local exchange telephone service]. (B) City means The City Of North Richland Hills, Texas. As used throughout, the term City also includes the designated agent of the City. (C) City Manager means the City Manager of the City or the City Manager's designee. (D) Direction of the City means all ordinances, laws, rules, resolutions, and regulations of the City that are not inconsistent with this Ordinance and that are now in force or may hereafter be passed and adopted. (E) Facilities means any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated physical equipment placed in, on or under the Public Rights-of-Way. (F) Person means a natural Person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity. (G) Public Rights-of-Way means the same as in the Texas Local Government Code' 283.002(6), [the area on, below, or above a public roadway, highway, street, public -2- sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airwaves above a Public Right-of-Way with regard to wireless telecommunications.] SECTION 4 - MUNICIPAL AUTHORIZATION REQUIRED. (A) Any Person seeking to place Facilities on, in or over the Public Rights-of-Way, shall first file an application for a construction permit with the City and shall abide by the terms and provisions of this Ordinance pertaining to use of the Public Rights-of-Way. (B) Any Person, except a Certificated Telecommunications Provider, prior to placing, reconstructing, or altering Facilities in, on or over the Public Rights-of-Way, must obtain separate municipal authorization from the City. (C) Any Person with a current, unexpired consent, franchise, agreement or other authorization from the City (Grant) to use the Public Rights-of-Way that is in effect at the time this Ordinance takes effect shall continue to operate under and comply with that Grant until the Grant expires or until it is terminated by mutual agreement of the City and the Person, or is terminated as otherwise provided for in law. (D) PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT - EACH PERSON MUST REGISTER WITH THE CITY In order for the City to know which Persons own Facilities in the Public Rights-of-Way within the City, each such Person who owns Facilities shall register with the City and provide the following information at a minimum: (i) persons name and (ii) the current name, address, and telephone number(s) of a contact employed by and with decision-making authority for the Person and who is available twenty-four (24) hours per day. Each Person shall update and keep current his/her registration with the City at all times. SECTION 5 - ADMINISTRATION AND ENFORCEMENT. (A) The City Manager shall administer and enforce compliance with this Ordinance. (B) A Person shall report information related to the use of the Public Rights-of-Way that the City Manager requires in the form and manner reasonably prescribed by the City Manager. (C) The City Manager shall report to the City Council upon the determination that a Person has failed to comply with this Chapter. SECTION 6 - CONSTRUCTION OBLIGATIONS. -3- -,-~...,.._-"---~-~~------~-'---_.. A Person is subject to reasonable police power regulation of the City to manage its Public Rights-of-Way in connection with the construction, expansion, reconstruction, maintenance or repair of Facilities in the Public Rights-of-Way, pursuant to the City' s rights as a custodian of public property, based upon the City's historic rights under state and federal laws. Such regulations include, but are not limited to, the following: (A) At the City's request, a Person shall furnish the City accurate and complete information relating to the construction, reconstruction, removal, maintenance and repair of Facilities performed by the Person in the Public Rights-of-Way. (B) A Person may be required to place certain Facilities within the Public Rights-of-Way underground according to applicable City requirements absent a compelling demonstration by the Person that, in any specific instance, this requirement is not reasonable, feasible or is it equally applicable to other similar users of the Public Rights-of-Way. (C) A Person shall perform excavations and other construction in the Public Rights-of-Way in accordance with all applicable City requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the Public Right-of-Way. The City shall waive the requirement of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the City by the Person. All excavations and other construction in the Public Rights-of-Way shall be conducted so as to minimize interference with the use of public and private property. A Person shall follow all reasonable construction directions given by the City in order to minimize any such interference. (D) A Person must obtain a permit, as reasonably required by applicable City codes, prior to any excavation, construction, installation, expansion, repair, removal, relocation or maintenance of the Persons Facilities. A construction permit is not required for routine maintenance that does not require excavation of Public Rights-of-Way or which does not block traffic lanes or sidewalks during peak traffic periods between 7:00 a.m. to 9:00 a.m. and 4:30 p.m. to 6:30 p.m. on weekdays, or for more than two hours during any non-peak traffic period. Once a permit is issued, Person shall give to the City a minimum of forty-eight (48) hours notice (which could be at the time of the issuance of the permit) prior to undertaking any of the above listed activities on its Facilities in, on or under the Public Rights-of-Way. The failure of the Person to request and obtain a permit from the City prior to performing any of the above listed activities in, on or over any Public Right-of-Way, except in an emergency as provided for in Subsection (11) below, will subject the Person to a stop-work order from the City and enforcement action pursuant to the City's Code of Ordinances. If the Person fails to act upon any -4- ".__._~-_._~~---_.,....~..._--"'. permit within 90 calendar days of issuance, the permit shall become invalid, and the Person will be required to obtain another permit, unless extended for good cause by the City. (E) When a Person completes construction, expansion, reconstruction, removal, excavation or other work, the Person shall promptly restore the Public Rights- -of-Way in accordance with applicable City requirements. A Person shall replace and properly relay and repair the surface, base, irrigation system and landscape treatment of any Public Rights-of-Way that may be excavated or damaged by reason of the erection, construction, maintenance, or repair of the Persons Facilities within thirty (30) calendar days after completion of the work in accordance with existing standards of the City in effect at the time of the work, unless extended by the City for good cause. (F) Upon failure of a Person to perform any such repair or replacement work, and five (5) days after written notice has been given by the City to the Person, and in the event repairs have not been initiated during such five day period, the City may repair such portion of the Public Rights-of-Way as may have been disturbed by the Person, its contractors or agents. Upon receipt of a invoice from the City, the Person will reimburse the City for the costs so incurred within thirty (30) calendar days from the date of the City invoice. (G) Should the City reasonably determine, within one (1) year from the date of the completion of the repair work, that the surface, base, irrigation system or landscape treatment requires additional restoration work to meet existing standards of the City, a Person shall perform such additional restoration work to the satisfaction of the City, subject to all City remedies as provided herein. (H) Notwithstanding the foregoing in subsection (7), if the City determines that the failure of a Person to properly repair or restore the Public Rights-of-Way constitutes a safety hazard to the public, the City may undertake emergency repairs and restoration efforts, after emergency notice has been provided, to the extent reasonable under the circumstances and the person failed to respond within a reasonable time specified by the City. A Person shall promptly reimburse the City for all costs incurred by the City within thirty (30) calendar days from the date of the City invoice. (I) A Person shall furnish the City with construction plans and maps showing the location and proposed routing of new construction or reconstruction at least five (5) business days before beginning construction or reconstruction that involves an alteration to the surface or subsurface of the Public Rights-of-Way unless otherwise approved by the City. A Person may not begin construction until the location of new Facilities and proposed routing of the new construction or reconstruction and all required plans and drawings have been approved in writing by the City, which -5- ___,,___,__w_______>___·___~_ approval will not be unreasonably withheld, taking due consideration of the surrounding area and alternative locations for the Facilities and routing. (J) If the City Manager declares an emergency with regard to the health and safety of the citizens and requests by written notice the removal or abatement of Facilities, a Person shall remove or abate the Person's Facilities by the deadline provided in the City Manager's request. The Person and the City shall cooperate to the extent possible to assure continuity of service. If the Person, after notice, fails or refuses to act, the City may remove or abate the facility, at the sole cost and expense of the Person, without paying compensation to the Person and without the City incurring liability for damages. (K) Except in the case of customer service interruptions and imminent harm to property or Person (Emergency Conditions), a Person may not excavate the pavement of a street or Public Rights-of-Way without first complying with City requirements. The City Manager or designee shall be notified as promptly as possible regarding work performed under such Emergency Conditions, and the Person shall comply with the requirements of City standards for the restoration of the Public Rights-of-Way. (L) Within sixty (60) days of completion of each new permitted section of a Person's Facilities, the Person shall supply the City with a complete set of "as built" drawings for the segment in a format used in the ordinary course of the Persons business to the extent they are prepared in the ordinary course of business, but excluding customer specific, proprietary or confidential information and as reasonably prescribed by the City, and as allowed by law. The City may, at its discretion, accept in lieu of "as-built" drawings, any reasonable alternative which provides adequate information as to the location of Facilities in the Public Rights-of-Way. (M) The City may require reasonable bonding requirements of a Person, as are required of other entities that place Facilities in the Public Rights-of-Way. (N) In determining whether any requirement under this Section is unreasonable or unfeasible, the City Manager or his/her designee shall consider, among other things, whether the requirement would subject the Person or Persons to an unreasonable increase in risk or service interruption, or to an unreasonable increase in liability for accidents, or to an unreasonable delay in construction or in availability of its services, or to any other unreasonable technical or economic burden. SECTION 7 - CONDITIONS OF PUBLIC RIGHTS-OF-WAY OCCUPANCY. (A) In the exercise of governmental functions, the City has first priority over all other uses of the Public Rights-of-Way. The City reserves the right to lay sewer, gas, water, and other pipe lines or cables and conduits, and to do underground and overhead work, and attachments, restructuring or changes in aerial Facilities in, -6- across, along, over or under a public street, alley or Public Rights-of-Way occupied by a Person, and to change the curb, sidewalks or the grade of streets. (B) The City shall assign the location in or over the Public Rights-of-Way among competing users of the Public Rights-of-Way with due consideration to the public health and safety considerations of each user type, and to the extent the City can demonstrate that there is limited space available for additional users, may limit new users, as allowed under state or federal law. (C) If the City authorizes abutting landowners to occupy space under the surface of any public street, alley, or Public Rights-of-Way, the grant to an abutting landowner shall be subject to the rights of the previously authorized user of the Public Rights-of-Way. If the City closes or abandons a Public Right-of-Way that contains a portion of a Person's Facilities, the City shall close or abandon such Public Right-of-Way subject to the rights of the Person. (D) If the City gives written notice, a Person shall, at its own expense, temporarily or permanently, remove, relocate, change or alter the position of Person's Facilities that are in the Public Rights-of-Way within 120 days, except in circumstances that require additional time as reasonably determined by the City based upon information provided by the Person. For projects expected to take longer than 120 days to remove, change or relocate, the City will confer with the Person before determining the alterations to be required and the timing thereof. The City shall give notice whenever the City has determined that removal, relocation, change or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a City governmental public improvement in the Public Rights-of-Way. This section shall not be construed to prevent a Person's recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal, nor shall it be required if improvements are solely for beautification purposes without prior joint deliberation and agreement with the Person. (E) If the Person fails to relocate Facilities in the time allowed by the City in this Section, the Person may be subject to liability to the City for such delay and as set forth in the City Codes or Ordinance, now or hereafter enacted. (F) Notwithstanding anything in Subsection (D), the City Manager and a Person may agree in writing to different time frames than those provided above if circumstances reasonably warrant such a change. (G) A Person may trim trees in or over the Public Rights-of-Way for the safe and reliable operation, use and maintenance of its Facilities. All tree trimming shall be performed in accordance with standards promulgated by the City. Should the Person, its contractor or agent, fail to remove such trimmings within twenty-four (24) -7- hours, the City may remove the trimmings or have them removed, and upon receipt of a bill from the City, the Person shall promptly reimburse the City for all costs incurred within thirty (30) working days. Person shall not be responsible for tree trimming or removal, except as to the trimming required to construct, maintain or restore utility service. (H) Persons shall temporarily remove, raise or lower its aerial Facilities to permit the moving of houses or other bulky structures, if the City gives written notice of no less than 48 hours. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefitting from the temporary rearrangements. The Person may require prepayment or prior posting of a bond from the party requesting the temporary move. SECTION 8 - INSURANCE REQUIREMENTS. (A) A Person shall obtain and maintain insurance in the amounts reasonably prescribed by the City with an insurance company licensed to do business in the State of Texas acceptable to the City. A Person shall furnish the City with proof of insurance at the time of the request for construction permits. The City reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the City Manager determines that changes in statutory law, court decisions, or the claims history of the industry or the Person require adjustment of the coverage. For purposes of this section, the City will accept certificates of self-insurance issued by the State of Texas or letters written by the Person in those instances where the State does not issue such letters, which provide the same coverage as required herein. However, for the City to accept such letters the Person must demonstrate by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the City, based on financial information requested by and furnished to the City. (B) Person shall furnish, at no cost to the City, copies of certificates of insurance evidencing the coverage required by this Section to the City. The City may request the deletion, revision or modification of particular policy terms, conditions, limitations or exclusions, unless the policy provisions are established by a law or regulation binding the City, the Person, or the underwriter. If the City requests a deletion, revision or modification, a Person shall exercise reasonable efforts to pay for and to accomplish the change. (C) An insurance certificate shall contain the following required provisions: (1) name the City of and its officers, employees, board members and elected representatives as additional insureds for all applicable coverage; (2) provide for 30 days notice to the City for cancellation, non-renewal, or material change; and -8- (3) provide that notice of claims shall be provided to the City Manager by certified mail. (D) Person shall file and maintain proof of insurance with the City Manager. An insurance certificate obtained in compliance with this section is subject to City approval. The City may require the certificate to be changed to reflect changing liability limits. A Person shall immediately advise the City Attorney of actual or potential litigation that may develop may affect an existing carrier's obligation to defend and indemnify. (E) An insurer has no right of recovery against the City. The required insurance policies shall protect the Person and the City. The insurance shall be primary coverage for losses covered by the policies. (F) The policy clause "Other Insurance" shall not apply to the City if the City is an insured under the policy. (G) The Person shall pay premiums and assessments. A company which issues an insurance policy has no recourse against the City for payment of a premium or assessment. Insurance policies obtained by a Person must provide that the issuing company waives all right of recovery by way of subrogation against the City in connection with damage covered by the policy. SECTION 9 - INDEMNITY. (A) Except as to Certificated Telecommunications Providers, each Person placing Facilities in the Public Rights-of-Way shall agree to promptly defend, indemnify and hold the City harmless from and against all damages, costs, losses or expenses (i) for the repair, replacement, or restoration of City's property, equipment, materials, structures and Facilities which are damaged, destroyed or found to be defective as a result of the Person's acts or omissions, (ii) from and against any and all claims, demands, suits, causes of action, and judgments for (a) damage to or loss of the property of any Person (including, but not limited to the Person, its agents, officers, employees and subcontractors, City's agents, officers and employees, and third parties); and/or (b) death, bodily injury, illness, disease, loss of services, or loss of income or wages to any Person (including, but not limited to the agents, officers and employees of the Person, Person's subcontractors and City, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the Person, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this Ordinance. (B) This indemnity provision shall not apply to any liability resulting from the negligence of the City, its officers, employees, agents, contractors, or subcontractors. -9- (C) The provisions of this indemnity are solely for the benefit of the City and is not intended to create or grant any rights, contractual or otherwise, to any other Person or entity; SECTION 10 - SEVERABILITY. The provisions of this ordinance are severable. However, in the event this Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unenforceable, void, illegal or otherwise inapplicable, in whole or in part, the remaining and lawful provisions shall be of full force and effect and the City shall promptly promulgate new or revised provisions in compliance with the authority's decision or enactment. SECTION 11 - GOVERNING LAW. This Ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this Ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the City's ongoing authority to adopt reasonable regulations to manage its Public Rights-of-Way, pursuant to Sections 6 and 7 or as otherwise provided by law. SECTION 12 - UNAUTHORIZED USE OF PUBLIC RIGHTS-OF-WAY. The City may institute all appropriate legal action to prohibit any Person from knowingly using the Public Rights-of-Way unless the Person has complied with the terms of this Ordinance. -10- SECTION 13 - EFFECTIVE DATE. This Ordinance takes effect on the 27th day of March 2000. Passed and Approved this 2yth Day of March, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Æ-C~ Randy Shiflet, Deputy Ity Manager APPROVEDASTOLEGALF ~~ CONSTRUCTION IN THE PUBLIC RIGHTS-OF-WAY ORDINANCE CONDITIONS FOR USE TABLE OF CONTENTS SECTION 1 - FINDINGS AND PURPOSE. .................................................................................... 1 SECTION 2 - AUTHORITY; SCOPE. ....,..................................................................,.................,... 2 SECTION 3 - DEFINITIONS, ..,.,."...."."...,..,.,.........,..,.,..........,..",..................,....,..,.".,....,....,"",. 2 SECTION 4 - MUNICIPAL AUTHORIZATION REQUIRED, .........,............................................... 3 SECTION 5 - ADMINISTRATION AND ENFORCEMENT, ..............................,............................ 3 SECTION 6 - CONSTRUCTION OBLIGATIONS.......... ,.............. .............,........................ ............ 4 SECTION 7 - CONDITIONS OF PUBLIC RIGHTS-OF-WAY OCCUPANCy.......................,........ 7 SECTION 8 - INSURANCE REQU IREMENTS, ............................,..................,............,..,............. 8 SECTION 9 - INDEMNITY. ..............,....,..,...........,.........,....,....,........,..........,..,......,....,....,.........,.., 9 SECTION 10 - SEVERABILITy...................,..,.................................................................,....,..,.. 10 SECTION 11 - GOVERNING ,LAW......................................................,................·..·....·....·........ 10 SECTION 12 - UNAUTHORIZED USE OF PUBLIC RIGHTS-OF-WAY. .................................., 11 SECTION 13 - EFFECTIVE DATE, ......,..........,..,....................,...........,........,....,.......................... 11 .: CITY OF NORTH RICHLAND HILLS ",. .'--.... I Department: Public Works Department Subject: Approve Traffic Impact Analysis Ordinance - Ordinance No. 2461 Council Meeting Date: 3/27/00 Agenda Number: PW 2000-10 In 1998, the City Council had a meeting with the Planning and Zoning Commission to discuss general concerns and needs. One request was to develop minimum criteria under which a Traffic Impact Analysis (TIA) would be required with applications for platting or zoning. On October 14, 1999, the Planning and Zoning Commission requested staff draft a Traffic Impact Analysis (TIA) ordinance. After reviewing criteria from numerous metroplex cities, staff and the City Attorney drafted an ordinance requiring a TIA when development is expected to generate 1 ,000 vehicle trips or more per day or an additional 100 vehicle trips or more in the peak direction (inbound or outbound) during the site's peak traffic hour. The criteria calls for any applicant for zoning, preliminary plat, or final plat to submit the attached ''Trip Generation Data Form" at the time they submit their application. This will provide the data which will tell the City if the applicant will need to conduct a full Traffic I mpact Analysis of the proposed development. The proposed ordinance was presented to the Planning and Zoning Commission on February 10, 2000, for an informal recommendation. The attached ordinance shows the original draft and the changes recommended by the Planning and Zoning Commission. Recommendation: To approve Ordinance No. 2461 with the changes recommended by the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget th Finance Review Account Number Sufficient Funds AvallaDle ',-- ~ Finance Director ~~M~ Page 1 of_' 'm,"_.__.,~_~.__~.~_,,"__._.__~~___.,,-~~~__, TRAFFIC IMPACT ANALYSIS REQUIREMENTS Ordinance No. WHEREAS, the City Council of the City of North Richland Hills finds a need for orderly development within its city limits; and WHEREAS, the City Council of the City of North Richland Hills finds that the level of service for existing traffic should not suffer as a result of new large developments; and WHEREAS, the City Council finds that the developers have a responsibility to provide needed infrastructure improvements to serve their developments; NOW THEREFORE, be it ordained by the City Council of North Richland Hills, Texas, that: 1. A Traffic Impact Analysis (TIA) will be required from the developer of a piece of property when the development is expected to generate 1,000 vehicle trips or more per day or an additional 100 vehicle trips or more in the peak direction (inbound or outbound) during the site's peak traffic hour. The City Council may require a TIJ\ at ::my stage of a development 'lIhothor it meets this criteria or not If the Council finds that special circumstances oxist requiring a +tA- 2. The applicant for rezoning, preliminary plat and final plat is required to submit the attached "Trip Generation Data Form" (Exhibit "A") completed by a registered licensed professional engineer with experience in Transportation Engineering. The trip generation estimates will be based on the latest data contained within the Institute of Transportation Engineers' (ITE) Trip Generation Manual. The only applicants which will not be required to submit the 'Trip Generation Data Form" will be Sinale-Family Residential developments of 10 lots or less and Duplex Residential developments of 5 duplex units or less. The "Trip Generation Data Form" will be submitted with the initial application forms. The Public Works Department will review the form and will decide if a Traffic Impact Analysis will be required. This determination should be accomplished within two (2) working days of the completed form being submitted to the City. Ordinance No. Traffic Impact Analysis Page 1 0'5 __ _._. __'_____."__m.'_._"~,__.,,~,.<_~______ 3. If a TIA is required, the study will be accomplished in accordance with the following outline.;.by a licensed professional enqineer with experience in Transportation EnaineerinQ. I. Introduction and Summary A. Purpose of Report and Study Objectives B. Executive Summary 1. Site location and study area 2. Development description 3. Principal findings 4. Conclusions 5. Recommendations II. Proposed Development (Site and Nearby) A. Summary of Development 1. Land use and intensity 2. Location 3. Site plan 4. Zoning 5. Phasing and timing III. Area Conditions A. Study Area 1 . Area of influence 2. Area of significant traffic impact (may also be part of Chapter IV) B. Study Area Land Use 1. Existing land uses 2. Existing zoning 3. Anticipated future development C. Site Accessibility 1. Area roadway system a. existing b. future 2. Traffic volumes and conditions 3. Transit service 4. Existing relevant transportation system management programs Ordinance No. Traffic Impact Analysis Page 2 of 5 ·".·'-'"."~~'W"_>"'__'~_'__.e.,~,._~,,-,,~_,-,-_,_~_,_~..~_____ 5. Other, as applicable IV. Projected Traffic A. Site Traffic (each horizon year) 1. Trip generation 2. Trip distribution 3. Modal split 4. Trip assignment B. Through Traffic (each horizon year) 1. Method of projection 2. Non-site traffic for study area a. Method of projections b. Trip generation c. Trip distribution d. Modal split e. Trip assignment 3. Through traffic 4. Estimated volumes C. Total Traffic (each horizon year) V. Traffic Analysis A. Site Access B. Capacity and Level of Service C. Traffic Safety D. Traffic Signals E. Site Circulation and Parking VI. I mprovement Analysis A. Improvements to Accommodate Base Traffic B. Additional Improvements to Accommodate Site Traffic C. Alternative Improvements D. Status of Improvements Already Funded, Programmed, or Planned E. Evaluation VII. Findings A. Site Accessibility B. Traffic Impacts C. Need for any Improvements D. Compliance with Applicable Local Codes Ordinance No. Traffic Impact Analysis Page 3 of 5 VIII. Recommendations A. Site Access/Circulation Plan B. Roadway Improvements 1. On-site 2. Off-site 3. Phasing, if appropriate C. Transportation System Management Actions 1. Off-site 2. On-site operational 3. On-site D. Other IX. Conclusions 4. The impact of the development on the local traffic will be measured as "average control delay" in seconds per vehicle. The study recommendations should include mitigating measures to be taken by the development to compensate for the entire impact of the development. Review of the TIA will be conducted by the Public Works Department. Each TIA will receive a written review letter from the City staff. The review process should not take more than 15 working days to complete after the study is received by the City. PASSED AND APPROVED this the day of ,2000. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary Rex McE re, Attorney for the City Ordinance No. Traffic Impact Analysis Page 4 of5 · - ,.~.~.""~.__._...._-".__.~._~~~..,,,.~~.~.~---~ APPROVED AS TO CONTENT: ( Ordinance No. Traffic Impact Analysis Page 5 of5 _I 1 I I I I I I I I 1 I ,I I 1 I I I I I 1 , " I I , , I I I , I I I I , I I I 1 I I I I I I I I I I I I I I I I I ,- I .... 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APPROVED In early 1999, City Administration expressed an interest in developing minimum criteria under which a Traffic Impact Analysis (TIA) would be required with applications for platting or zoning. The Planning & Zoning Commission, on October 14, 1999 requested Staff to draft a TIA Ordinance. The Public Works Department and the City Attorney drafted an ordinance requiring a TIA when a development is expected to generate 1,000 vehicle trips or more per day or an additional 100 vehicle trips or more in the peak direction (inbound or outbound) during the site's peak traffic hour. The proposed ordinance is a stand-alone ordinance that would not be a part of the Zoning Ordinance, Subdivision Regulations, or the Public Works Design Manual. Stand-alone ordinances are not required to have a recommendation from the Planning & Zoning Commission. Because the Commission requested the ordinance be drafted, staff is requesting an informal recommendation. Staff recommends the P&Z approve the proposed TIA Ordinance. Greg Dickens, Director of Public Works presented the proposed ordinance, explaining that the ordinance was drafted as short and simple as possible, while trying to make it clear in what triggers a TIA and what submittals are needed if it is determined that a TIA is required. He explained that the City Attorney has worked closely in the development of this ordinance and they believe they have compiled a reasonable ordinance. The application will have to be made by a licensed engineer. Responding to a question, Mr. Dickens stated that under Section 3, the first statement would be changed to reflect that "a licensed professional engineer with experience in transportation engineering" would be completing the application. The Commission asked about the necessity of the 2nd paragraph in Section 1 of the Ordinance. Mr. Dickens stated that he was not opposed to the deletion of the paragraph if they so desired and would certainly let the Council know the Commissions desire. Mr. Lueck, seconded by Mr. Welch, to approve the wording in the proposed TIA Ordinance of Traffic Impact Analysis Requirements, provided the 2nd paragraph in Section 1 is deleted; changing the word "registered" to "licensed" professional engineer in paragraph 1, Section 2, and changing the first statement in Section 3 to read "If a TIA is required, the study will be accomplished in accordance with the following outline and completed by a licensed professional engineer with experience in transportation engineering. The motion carried unanimously. P & Z Minutes February 10, 2000 8 "" "~'-~"---"-""--~-""--'^"~~"""--~'---~'-'~--'--~-~---- CITY OF N$RTH RICHLAND HILLS Public Works February 9, 1999 MEMO TO: Planning and Zoning Commission FROM: Greg Dickens, Public Works Director SUBJECT: CRITERIA FOR TRAFFIC IMPACT STUDIES We have surveyed some of the local cities to see when they require developers to provide "traffic impact studies". A summary table of their responses concerning this criteria is attached. The survey shows that most of the cities do require traffic studies be supplied by the developer if the expected trip generation from the site exceeds a certain threshold. One of two types of studies are normally required, depending on the situation. The Traffic Impact Analysis (TIA) is a comprehensive study of all aspects of a development's probable impacts on the transportation system. The Traffic Circulation Analysis (TCA) is a study of how a development's traffic relates to traffic on internal and immediately adjacent roadways. Most of these surveyed cities require the developer to submit his estimate of the expected trip generations with his application for zoning or platting. The rates required to be used by the developer's consultant is most always those published by the Institute of Transportation Engineers (ITE) in their latest "Trip Generation Manual". If the rates calculated for the proposed development exceed the threshold, a TIA will be required. I recommend we require a TIA be submitted when the development will be generating 1,000 vehicle trips or more per day or an additional 100 vehicle trips or more in the peak direction (inbound or outbound) during the site's peak traffic hour. This is in accordance with ITE recommendations (see attached sheets). I also feel we should leave the option to require a TIA on a development with less than this requirement if staff sees a need due to unusual circumstances. P.O. Box 820609 " North Richland Hills, Texas" 76182-0609 7301 Northeast Loop 820" 817-581-5521" FAX 817-656-7538 ~'-'-"~--"----'---~--'~"-~'~-~--'-""~-'~ CITY OF NORTH RICHLAND HILLS, TEXAS Public Works Department Traffic Impact Analysis Trigger Levels for Local Cities CITY TIA TRIGGER LEVEL Arlington · 5,000 trips or more · staff may require one if trips are between 500 and 5,000 Carrolton · determined by staff Euless · determined by staff Hurst · 1,000 trips or greater · 100 inQress vehicles in peak hour Piano · 3,000 trips or more Richardson · 1,000 trips or more (requires 21 day City review period before P&Z action on zonina, site olan, or plat) ,- --.."".."n~-_'~_"_____~o>r'_"""____,_,_~,,",____~"_______ ~ TRAFFIC ACCESS AND IMPACT STUDIES FOR SITE DEVELOPMENT . A Recommended Practice . ite.::r INSTITUTE OF TRANSPORTATION ENGINEERS Initiating Traffic Access/Impact Studies 5 -~-"._~_.-.__.,-".._~._.._-~.._---------~ 2. Initiating Traffic Access/ Impact Studies Warrants for Studies In considering transportation aspects of land development. an important question encountered early in the process is: "When is a traffic accessfunpact study needed?" Recommended C rilena Data coUected by the Institute of Trans- portation Engineers indicate that the need to conduct a traffic access/impact study is currently being addressed in a variety of ways by jurisdictions throughout the coun- try. A cross sampling of data coUected by ITE shows the following situations or thresholds that commonly trigger a requirement for a traffic impact analysis: 1. When development will generate a specified number of peak hour trips. 2. When development will generate a specified number of daily trips. 3. When a specified amount of acreage is being rezoned. 4. When development contains a specified number of dwelling units or square foot- age. 5. At the judgment or discretion of staff. 6. When development will occur in a sen- sitive area. 7. When financial assessments are required and the extent of impact must be deter- mined. There is little consistency in specific threshold quantities for the first four cri- teria. However, study requirements should be related to the cause of traffic needs and impacts, such as trips generated during peak or'design hours. A quantitative threshold for requiring a site traffic accessfunpact study should established by each agency based on I needs. issues, and policies. The threshold level may vary among agencies due to I conditions and priorities. In lieu of oth locaJly preferred thresholds. it is su gested that a traffic accessfunpact stud be conducted whenever a proposed devel- opment will generate 100 or more ruUkd (new) peak direction trips to or from the site during the adjacent roadways' peak hours or the development's peak hour. 1ñis site trip generation threshold is appropri- ate for the following reasons: . 100 velúcles per hour are of a mag- nitude that can change the level of service of an intersection approach, and . Left-or right -turn lanes may be needed to satisfactorily accommodate site traffic without adversely impacting through (non-site) traffic. Judgment must also enter into the pro- cess. In some cases, although a develop- ment might generate fewer trips than the peak hour, peak direction trips threshold (or locally established development threshold), a locaIized safety or capacity deficiency may necessitate a study for the following reasons: 1. The existence of any current traffic problems in the local area-such as a high-accident location, confusing inter- section, or an intersection in need of a traffic signal. 2. The current or projected level of ser- vice of the roadway system adjacent to the development, which will be signifi- cantly affected. 3. The sensitivity of the adjacent neigh, borhoods or other areas that may be perceived as impacted. 4. The proximity of site drives to other drives or intersections. 5. The ability of the adjacent existing or planned roadway sY5tem to handle increased traffic, or the feasibility of improving the roadway system to han- dle increased traffic. 6, Other specific problems or deficiencies that may be affected by the proposed development or affect the ability of the development to be satisfactorily accommodated. Table 2-1 contains suggested baseline criteria for urban or suburban site traffic accessfunpact studies. Thresholds for rural areas and small cities may need to be lower than for urban areas in some instances, These criteria can be used to help decide Table 2-1. Suggested Baseline Criteria for Urban or Suburban Site Traffic Accessllmpact Studies Suggested 1ñresholdb Locally established criterion based on trip generation. development size. other development or area characteristic, or localized conditions. In lieu of another locaJly preferred criterion. development generation of 100 ruUkd vehicle trips in the peak direction (inbound or outbound) during the site's peak traffic hour is suggested. Study Area Limits All site access drives. adjacent roadways. and major intersections. plus the first signalized intersection in each direction from the site up to a distance determined locally. Additional areas may be added based on development size and specific site or local issues and policy. · Additional aiteria are discussed in other chapters. !>Starting point for deciding when and how a study should be perfonned; threshold should be adjusted on recommended aiteria discussed earlier in this chapter. Page 1 of 1 Information & Reporls March 27, 2000 1. Announcements Saturday April 1st >- Environmental Services is hosting the Great American Clean Up 9:00 AM to Noon. Come join the effort to clean our neighborhoods, parks and playgrounds. The event will end with a picnic lunch at Green Valley Community Park at Noon. To register call 427-6551 Saturday April 8th & April 15th >- Environmental Services is hosting Master Composter Classes. The cost for the class is $15 dollars which includes a box lunch. Participants must pre-register by calling 427-6650. Wednesday April 1 Zh >- TXU is hosting a Clean Air Seminar from 11 :00 AM to 2:00 PM at the BISD Fine Arts & Athletic Complex. The seminar will focus on legislative and health impacts on small businesses. For more information call 281-9376 2. Information >- Ozone Season has begun. Watch for the Ozone alert signs and follow these tips on Ozone Action Days: · Limit your driving during the morning hours · A void excessive idling of your car engine · Refuel when it is cooler