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HomeMy WebLinkAboutCC 2000-06-26 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JUNE 26, 2000 - 6:15 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN Prior to the City Council Meeting, Council members will meet and participate in the Trinity Railway Express "Whistle-Stop Tour" Texas & Pacific Station, 1600 Throckmorton, Fort Worth, TX 4:30 p.m. 1. Discuss Items from Regular June 26, 2000 City Council Meetinq (5 Minutes) 2. I R 2000-085 Sidewalk Policy 3. *Executive Session - The Council may enter into closed Executive Session to discuss the following: Consultation with Attorney as Authorized by Government Code §551.071 - Deshong vs. New Braunfels General Store International, Inc. and the Citv of North Richland Hills 4. Adjournment - 6:50 om *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 j l.vV\c à~; J óô Ú Dat~ 9"1Ö UV) Time 6/26/00 City Council Agenda Page 1 of 3 By óA5l~ettî;cJ,~ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 26, 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 - House of Grace Les Grounds, Minister of Pastoral Care 3. Pledqe of Alleqiance 4. Special Presentations Yard of the Month 5. Removal of Item( s) from the Consent Agenda 6/26/00 City Council Agenda Page 2 of 3 6. a. Minutes of the Pre-Council Meeting June 12, 2000 b. Minutes of the City Council Meeting June 12, 2000 GN 2000-062 c. Approve Resolution No. 2000-037 Repealing Resolution No. 99-10 PW 2000-019 d. Approve City-Developer Agreement for CIP Sewer System Improvements with TMC Management Company - Sanitary Sewer Main BB1.1 - Resolution No. 2000-043 Resolution of Support for Ten-Year 7. GN 2000-063 Continuation of the Crime Control and Prevention District -Resolution No. 2000-045 Consideration of Amending Council Rules of 8. G N 2000-064 Procedures - Resolution No. 2000-047 Approve Sidewalk Policy - Ordinance 9. GN 2000-065 No. 2484 Appeal Public Hearing to Consider the 10. PZ 2000-022 Request of McDonald Associates on behalf of This public Nextel for a Special Use Permit to Allow a 120 hearing not to foot Monopole Communications Tower with an be heard prior Equipment Shelter Building on Property Zoned to 7:30 p.m. 1-2 Medium Industrial District. The Property is Located on Lot 3R, Block 7, Industrial Park Addition and Addressed as 5649 Rufe Snow Drive - Ordinance No. 2486 Public Hearing to Consider the Request of 11 . PZ 2000-025 Shady Grove Baptist Church (Vernon and This public Evelyn Jackson), represented by Innovative hearing not to Construction, for a Zoning Change), from AG be heard prior Agricultural to R2 Single Family Residential at to 7:30 p.m. 6649 Precinct Line Road (being Tract 3C1 and 3C2 out of the Tandy K. Martin Survey, Abstract 1055 - Ordinance No. 2487 12. a) Citizens Presentation b) Information and Reoorts ) I 13. Adjournment \1LII\oØ d~ ~ ððO Date ~', 1 Ó 6.V) Time 6/26/00 City Council Agenda Page 3 of 3 By c::Jar!1. . J ~- ~ iAJ., ~ NI~H Office of the City Secretary CITY OF NORTH RICHLAND HILLS June 23, 2000 PUBLIC NOTICE The North Richland Hills Public Facility Naming Ad Hoc Committee will meet on Monday, June 26,2000 immediately following the 7:00 p.m. City Council Meeting. The Ad Hoc committee meeting will be held in the Administration Conference Room, North Richland Hills City Hall, 7301 Northeast Loop 820, North Richland Hills, Texas. Agenda: · Review and Discuss Policies Regarding the Naming of Streets, Parks, Public Buildings and other Public Facilities. aMvtitd ~ City Secretary POSTED (þ"~3·00 Date /:q~ ~'~ ¡me City Secretary ~_'_'H' P.O. Box 820609 * North Richland I-HIIs, Texas * 76182-0609 7301 Northeast Loop 820 * 817-427-6060 * FAX 817-427-6016 \ ~', INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 00-085 ~ Date: T Subject: June 26, 2000 \ Sidewalk Policy The City has never had a standard written Sidewalk Policy in the past for construction of new sidewalks in the areas currently without sidewalks. This ordinance addresses this situation as well as clearly stating the City's policy on new developing areas and redeveloping areas. The Policy's major requirements are listed below. The most recent changes are highlighted in bold face print. 1. Requires sidewalks to be 5 feet wide if adjacent to the back of curb. 2. Defines "redeveloping areas" which will need sidewalks. a. Building permit equal to or greater than 50-percent of the fair market value of the existing improvements and there exists sidewalks along the rest of the block face, or the property frontage is 300 feet or more, or it extends for 50- percent or more of the block face. b. Those areas designated or targeted by the City Council for redevelopment. c. The property owner shall pay for the sidewalks in the areas outlined in Item 2.a. The City will have the option to pay for a portion or all of the cost for sidewalks in all other redeveloping areas. 3. Reiterates Ordinance No. 1895 dated June 28, 1993 that the adjacent property owner is responsible for replacement or repair of existing faulty sidewalks. 4. Allows for property owners to request new sidewalks in areas without sidewalks. Requires 80-percent of the property owners to sign the petition. The cost is the property owner's responsibility to pay the City prior to co~struction. 5. Provides for the City to construct and pay 100% for new sidewalks in areas without sidewalks if the location rates a "priority warrant". Provides a chart to determine if a "priority warrant" exists. 6. Restates the City's right to assess for new sidewalk improvements with City street improvement projects. 7. Provides for City to pay for sidewalks on Community Development Block Grant projects when sidewalks are required. I \18. ISSUED BY THE CITY MANAGER Outlines methods for repayment of assessments. NORTH RICHlAND HillS, TEXAS '-- This policy was patterned after the City of Fort Worth's policy with several modifications. The "Priority Warranting System" chart, Attachment "A", was also a part of the City of Fort Worth's policy. Recently, a petition for a sidewalk on Susan Lee Lane between Lola and Noreast was received. The petition had the property owners which had 80 percent of the frontage in favor of the request for sidewalks. Using this situation as an example, we reviewed it to see if it ranked a priority warrant per the chart in Attachment "A". Attachment "B" shows that it does. The Public Works Department requests a Sidewalk Construction Fund be set up with a $50,000 budget initially. This will allow staff to construct the sidewalks which meet the priority warrant requirements as petitions are submitted. Each year the Council can adjust the amount to be budgeted in the Sidewalk Construction Fund based on the past year's use of the fund, the projects warranted that are waiting for funding, and the remaining balance in the fund. Staff welcomes any comments or suggestions. Respectfully submitted, .'-....... '-- City of North Richland Hills, Texas Sidewalk Policy ORDINANCE NO. 2484 WHEREAS, the City Council of the City of North Richland Hills finds a need for more pedestrian walkways in the City; and WHEREAS, the City Council of the City of North Richland Hills wants to encourage the construction and reconstruction of sidewalks in the City; and WHEREAS, the City Council is willing to participate in the cost of sidewalk construction when deemed appropriate. NOW, THEREFORE, be it ordained by the City Council of North Richland Hills, Texas, that: I. PURPOSE It is the intent of this policy to encourage the construction and/or reconstruction of sidewalks throughout the City for the safety and convenience of pedestrians. II. DESIGN STANDARDS The design and construction of sidewalks shall conform to City standards and shall provide, at a minimum, a four-foot wide concrete sidewalk located approximately 5-1/2 feet behind the back-of-curb, or a five-foot wide concrete walkway located immediately behind the back-of-curb. The specific design and placement of the sidewalk may vary depending upon location and extenuating circumstances, however, the Public Works Department shall approve the final design. In all cases, the placement of the sidewalk shall provide a continuous walkway for the pedestrian and will be compatible with other existing sidewalks in the neighborhood. Curb ramps will be required at the corners of all intersections as sidewalks are constructed. III. SIDEWALK REQUIREMENTS AND COSTS A. New Develooinq Areas 1. Sidewalks are required on both sides of all new streets. 2. In developing areas, sidewalks should normally be installed along with the construction of homes, offices, buildings, etc. so as to avoid being damaged by heavy trucks during that stage of development. The City Building Official will require that sidewalks that were required at the time of platting be installed during the construction of buildings on the lot(s) and prior to the issuance of the Certificate of Occupancy and/or final connection of utilities. Page 1 of 5 City of North Richland Hills, Texas Sidewalk Policy 3. The cost of required sidewalks in new developing areas shall be paid by the builder and/or property owner. B. Redevelopinq Areas (developments beinq expanded or reconstructed) 1. Sidewalks shall be required in redeveloping areas under the same conditions as new developing areas. An area shall be considered to be redeveloping for purposes of this policy when: a.flj A building permit is issued in an amount equal to or greater than 50-percent of the fair market value of the existing improvements (as determined by the City Building Official); and illJ There are sidewalks existing along the rest of the block face; or the property on which the building permit is issued has a frontage of 300-feet or more, or extends for 50-percent or more of the block face~; or b. The property is located in a residential area identified and tarqeted by the City Council for redevelooment. 2. The property owner shall pay the cost of the required sidewalks in redeveloping areas meetinq the requirements of Section III, B.1.a. above. The City shall have the option to pay for a portion or all of the cost for sidewalks in all other redevelopinq areas. 3. All required sidewalks shall be installed prior to the issuance of the Certificate of Occupancy or final connection of utilities. C. Existinq Developed Areas 1. Replacement of Sidewalks In some areas where sidewalks have previously been constructed, it is essential that they be kept in good state of repair and be properly maintained. In certain cases poorly maintained sidewalks constitute a greater hazard to pedestrians than no sidewalks at all. a. It shall be the responsibility of the property owner to inspect existing sidewalk conditions in front, side, or behind his property and to keep them in good repair. Faulty sidewalks should be brought to the attention of the Department of Public Works by the property owner. Page 2 of 5 City of North Richland Hills, Texas Sidewalk Policy b. After sidewalks in need of replacement have been identified, the City will initiate corrective action and so notify the affected property owner(s). Such notification will include the project scope, the estimated cost of the project, and the estimated cost for the individual property owner(s). c. The City shall initiate the replacement of sidewalks upon receipt of the property owner's share of the cost or assessments having been formally made. In cases where a hazard exists and the adjacent property owner refuses to pay the property owner's share of the cost of replacement, the City may file a lien on the adjacent property owner for the value of the assessment. d. The cost of replacing sidewalks will be the property owner's responsibility. 2. New Sidewalks a. In developed areas with no existing sidewalks, property owners can request the installation of sidewalks by petitioning the City. At a minimum, 80-percent of the property owners along the block face must sign the petition requesting the installation of the sidewalks. The 80-percent will be determined by linear feet of frontage the petitioning property owner's have to the total feet of frontage the block has. b. The cost of installing new sidewalks in developed areas will be the property owner's responsibility. c. When the City determines that a sidewalk is warranted to provide for the safety and convenience of the public-at-Iarge, no property owner participation will be required. This determination will be made by the Public Works Department using a "priority warranting system" which shall include but may not be limited to such factors as number of pedestrians, pedestrian accident history, vehicular volume, traffic speed, and proximity to a school or place of public assembly (see Attachment "A"). Such warranted sidewalks will be constructed by the City as needed and shall be paid for 100- percent by the City from the appropriate fund If funds are not available from the current budget, the sidewalk construction cost will be included in the following year's budget. Page 3 of 5 City of North Richland Hills, Texas Sidewalk Policy D. City Improvement Projects 1. When the City remodels, improves or constructs a building (Le., fire station, police station, garage, civic center), parkway improvements will normally be a part of the work. These improvements will consist of the installation of new sidewalks or the replacement of deteriorated sidewalks adjacent to the property as deemed necessary and desirable. The cost of this work will be paid for 100- percent by the City and shall be included as a cost of the building project. 2. When the City widens or reconstructs an existing street and it is determined that sidewalks are necessary and desirable, the cost of these sidewalks shall be paid for by the owners of the adjacent properties in accordance with the Street Assessment Policy. 3. When the City reconstructs a street utilizinq Community Development Block Grant funds throuqh HUD, the cost of any sidewalks constructed will be paid for by the City. IV. REQUIRED PUBLIC NOTICE A. Assessments for the construction or replacement of all sidewalks will require a public meeting as required by Ordinance of the City of North Richland Hills and applicable State Law. B. In all sidewalk cases requiring cost participation by the property owner(s), the City will notify the affected property owner(s) of the project scope, length, total estimated cost, and the estimated property owner's cost of participation. Notice will be given of any required meeting, the meeting date, time, and place, as required by law. V. PAYMENT A. The total amount of an assessment may be paid in a lump sum cash payment, without interest, if payment is made within 30-days of acceptance of the project by the City Council. B. The assessment may be divided into five equal annual payments over a four-year period with the first payment due within 30-days of acceptance by the City Council, and with interest not to exceed the maximum permitted by State law on the unpaid balance. C. The assessment may be paid in monthly payments of $9.00 or more per month of a maximum period of 49-months, with the interest rate pre- computed and made a part of the monthly payment. Page 4 of 5 City of North Richland Hills, Texas Sidewalk Policy D. In those cases where an existing sidewalk constitutes a hazard the adjacent property owner refuses to pay the property owner's share and the City Council has determined the necessity for the improvements and has ordered the improvements, it will be necessary to obtain sealed bids and let a contract for such work as required by law. One hundred-percent of the cost as determined from the low bid shall be assessed against the owners in accordance with applicable statues. IV. EFFECTIVE DATE This policy shall become effective upon the date of City Council approval. PASSED AND APPROVED this the 26th day of June, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: Page 5 of 5 ,_..~ ··_,··.·..,.,_'__<~'..'·'4_·~~_"._·__~._,_..~.,~".,_~_~,_____~ ATTACHMENT "A" PRIORITY WARRANTING SYSTEM Points >30 25 Number of pedestrians at peak hour 21 - 30 20 11 - 20 15 1 - 10 10 Routes serving schools or pedestrian- 1 - 3 blocks 15 generating facilities 4 - 7 blocks 10 > 7 blocks 5 Street classification Arterial> 48' roadway 20 Collector> 40' roadway 15 Residential < 40' roadway 10 Posted speed limit 40 mph or higher 15 35 mph 10 < 30 mph 5 Gaps in sidewalk network o - 50 feet 20 50 - 1 00 feet 15 100 - 200 feet 10 200 - 400 feet 5 > 400 feet 0 Location is a "priority warrant" and qualifies for sidewalk construction by the City with no property owner participation if points earned are 50 or greater. A IT ACHMENT "B" Example of "Priority Warrant" Calculations Susan Lee Lane from Lola Drive to Noreast Drive (existing homes) · Number of pedestrians at peak hour: 21 - 30 = 20 points · Routes serving schools or pedestrian generating facilities: 1 - 3 blocks = 15 points · Street Classification: < 40' = 10 points · Posted speed limit: ~ 30 mph = 5 points · Gaps in sidewalk network: > 400 feet = o points Total points equal 50. Meets "priority warrant" for sidewalk. Result: This 1,100 foot section of Susan Lee lane would be defined as being warranted. The City would pay for 100 percent of the overall cost (labor and materials). Estimated Cost: $29,600 for 2,200 linear feet of 4-foot wide sidewalk. Property Owners' Cost: $0.00 City's Cost: $29,600 · , 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 - JUNE 12, 2000 - 5:45 P.M. Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Paulette Hartman Rex McEntire Greg Dickens Larry Koonce John Pitstick Jenny Kratz Melani Fragge Mike Curtis Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary Adm. Asst. to City Manager Attorney Public Works Director Finance Director Director of Development Public Information Director Human Resources Director Assistant Public Works Director Joe D. Tolbert Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:46 p.m. DISCUSS ITEMS Agenda Item 12 - GN 2000-062 - In response to LARRY C. FROM REGULAR several concerns from the Council on the need for JUNE 12, 2000 safeguards to prevent abuse, Staff advised that a CITY COUNCIL Management Policy would be enacted to regulate AGENDA benefits for part-time employees to ensure that there would be no abuse. Further regulations will also be provided through the budget. The Management Policy will provide the flexibility needed to work part- time employees the hours needed while at the same time prevent abuse. Staff advised the intent for part time would be 20 to 30 hours per week and not to consistently work someone beyond 30 hours per week. City Council Minutes June 12, 2000 Page 2 -.- ITEM DISCUSSION ASSIGNMENT Agenda Item No. 6e- PU 2000-30 - Staff was asked NAN for a list of the bidders. Staff advised that a complete list was attached to the cover sheet. Agenda Item No.1 0 - GN 2000-60 - Councilman STEVE N. I GREG D. Mitchell questioned Item #4 on the cover sheet - whether the property owner must pay the city before the construction begins. Staff advised that would apply to new sidewalks and not replacement sidewalks. Councilman Mitchell expressed concern with sidewalks being constructed by a City contractor and if the sidewalks did not hold up, whose responsibility it would be to replace bad sidewalks. Staff advised that it would be the property owners responsibility, which is also the current sidewalk policy being followed today. Councilman Mitchell questioned whether there was a time period contractors would be responsible for workmanship. Staff advised if the project were bid, there would normally be a two-year or 20 percent maintenance ,- bond. Staff explained that the formal bid process would add costs to the project because of engineering and contract documents. These costs would be passed on to the property owner. Most likely sidewalk projects would be done by a city contractor and there would probably be a 12-month maintenance period. Property owners replacing sidewalks themselves will be able to use a contractor of their choice. This item was discussed further during the regular Council meeting. During the regular Council meeting, the Council voted to table the item and for staff to clarify some of the wording and bring back to the Council for further consideration. IR 2000-077 Council was advised that the Mayor would be unable NAN DISCUSS to attend the July 24 Council meeting. Council was POSSIBLE asked if they would like to consider changing the CHANGE OF second meeting from July 24 to July 31. The SECOND COUNCIL consensus of the Council was to not change the July EETING IN JULY 24 meeting. Mayor Pro Tem Welch will conduct the meeting or if in the event he is unable to do so, Council will elect a Chair according to the Council Rules of Procedure. City Council Minutes June 12, 2000 Page 3 .- ITEM DISCUSSION ASSIGNMENT IR 2000-81 Staff reviewed the results of C2 Consulting's study of GREG V. DISCUSS Charter's rates. Council direction was requested RESUL TS OF and consensus reached was as follows: CHARTER RATE REVIEW 1) Council agreed to address the basic rate charge and the installation and equipment charges in separate ordinances. 2) Council agreed to adopt the installation and equipment rates as recommended by the consultant. 3) The refund and basic rate issues will be discussed at a later date. City Manager Staff will be meeting with Charter and receiving more information. Staff will bring a report to the Council after their meeting with Charter. IR 2000-082 Mr. Shiflet explained that this item is a follow-up to ~\SCUSS CITIZEN an item brought before the Council on April 10 and lr-4VOL VEMENTI April 29. The direction from the Council at these LEADERSHIP meetings was for Staff to bring two or three options WORKSHOP to the Council to consider for citizen involvement. Staff presented four options for Council to consider: 1) Leadership NRH - full blown annual citizen involvement/leadership program similar to City of Allen and Northeast Chamber with focus on entire community, not just city government. 2) Less Formal Leadership Program - Grapevine model - Modified approach from above, primarily focusing on city government (2 - 3 hours per month for 3-4 months learning about city government, departments, etc; 15 - 20 citizens; city operations). 3) Annual Session - "Short Course" - Modification of 1 & 2 above with focus on city government and citizen boards (2 sessions of 2 hours each to provide information and r answer questions about roles, responsibilities of Mayor, Council and staff; a discussion devoted to citizen boards and commissions - types, etc., selection process for boards and commissions; about 50 maximum City Council Minutes June 12, 2000 Page 4 "-", ITEM DISCUSSION ASSIGNMENT attendance). 4) Town Hall Meeting/Round Tables - One, two (2) hour meeting with overview of city government, roles and responsibilities, how to get involved, then break up into 4 - 5 tables of boards and commissions for questions and answers. (Could provide for large group - 100 or so; very general information, not too much focus on leadership, just involvement). Mr. Shiflet called to the Council's attention the estimated timeline attached to the IR. (Program Development 4 - 8 weeks for staff preparation, depending on option selected. Publicity - 4 weeks minimum - printing and distribution of informational brochures. Distribution method will impact timeline. Selection/Size - 2 weeks minimum - formal process to review applications and determine makeup of participants. Notification - 2 weeks minimum - contact all participants and notify them of selection to the program and beginning date. Mr. Shiflet advised that should Council desire to move forward with a program, the earliest the program could begin would be sometime during the Fall. The Council discussed the different options presented. Concerns expressed included 1) the amount of staff support time that would be required; 2) a need to budget funds to support a program of this type; 3) expectations from the citizens that they will automatically be placed on a board or commission after completing the program - some Council Members indicated that they preferred not to appoint from a pool of applicants. Councilwoman Johnson advised that should Council desire to go forward with the program, that it not be advertised as doing something for boards and commissions. The purpose would be to educate citizens on how the city operates. A majority of the Council expressed a desire to implement Option NO.3. The Mayor expressed to the Council that he felt the program should be a two or three month program with one or two sessions per month. The Council discussed the time commitment they felt the program should take. LARRY C. The consensus of the Council was to proceed with Option No.3 as presented in the IR, that it would City Council Minutes June 12, 2000 Page 5 I ITEM DISCUSSION ASSIGNMENT only be two (2) hour sessions, and the City Manager was directed to prepare a program and curriculum for two (2) hour sessions. IR 2000-078 Mayor Scoma reported to the Council that this was NAN DISCUSS FORUM an initiative presented at the U.S. Mayors' REGARDING Conference. The initiative is a national effort to "COMMITMENT TO focus on programs currently in existence to enhance CHILDREN" and meet the needs of children and to promote responsible fatherhood in families where there is not a full family unit. He advised that he presented this information to the Tarrant County Mayors' Council and that Mayor Barr and Mayor Odom have indicated they will support a Tarrant County initiative. A meeting is planned for June 29 with community providers in the County and other cities for the purpose of discussing putting a forum together for Tarrant County. IR 2000-080 The City Manager advised the Council had been LARRY C. DISCUSS invited to attend Trinity Railway's "Whistle Stop Tour" ATTENDING on June 26. This tour conflicts with the regular City TRINITY RAILWAY Council meeting. If the Council would like to EXPRESS TRAIN participate in the "Whistle Stop Tour", Trinity Railway RIDE - JUNE 26, has agreed to let Council off at the Bell/Hurst Plant. 4:30 P.M. TO 7:00 This will allow Council the opportunity to participate P.M. and still attend the Council meeting. The consensus was the Council will attend the Trinity Railway Express "Whistle Stop Tour" and get off at the Bell/Hurst stop. Council will meet at City Hall on June 26 around 4:00 p.m. at City Hall and Staff will make arrangements to transport the Council to the station at Downtown Fort Worth and to pick Council up in Hurst returning to City Hall in time for the Pre- Council and Council meeting. City Council Minutes June 12, 2000 Page 6 ,- ITEM DISCUSSION ASSIGNMENT ADJOURNMENT Mayor Scoma announced at 6:45 p.m. that the NAN meeting would adjourn to Executive Session for deliberation regarding real property as authorized by Government Code §551.052 for Rufe Snow and for consultation with City Attorney as authorized by Government Code §551.071 for Davis v. City of North Richland Hills & et al. The Executive Session adjourned at 6:55 p.m. to the regular Council meeting. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary --_._,--_.<._~-~-~,._~.,,<._-- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 12,2000 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order June 12, 2000 at 7:01 p.m. ROLL CALL Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Don Phifer T. Oscar Trevino, Jr. Absent: Joe D. Tolbert Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Mayor Mayor Pro T em 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 Councilwoman Johnson led the invocation. 3. PLEDGE OF ALLEGIANCE Girl Scout Troop 1262 presented the flags and led the invocation. Representing Troop 1262 were: Julia Anderson, Jessica Bailey, Kailee Carr, Kathryn Juren, Karen Lehrmann, Melanie Morrison, Autumn Roach. Also present were Lisa Juren - Troop Leader and Natice Henderson. 4. SPECIAL PRESENTATIONS .-.-~_._----<--"->._~_.,--~------"'--- City Council Minutes June 12, 2000 Page 2 PROCLAMATION - NATIONAL FLAG WEEK In observance of National Flag Day, Mayor Scoma proclaimed June 14 as Flag Day in North Richland Hills. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE CITY COUNCIL GOAL SETTING WORKSHOP APRIL 28 - 29, 2000 B. MINUTES OF THE PRE-COUNCIL MEETING MAY 22,2000 C. MINUTES OF THE CITY COUNCIL MEETING MAY 22, 2000 D. PU 2000-029 - AUTHORIZE CONTRACT WITH BADGER METER, INC. FOR PURCHASE OF WATER METERS - RESOLUTION NO. 2000-039 E. PU 2000-030 - AWARD ANNUAL CONTRACT FOR MISCELLANEOUS CONCRETE IMPROVEMENTS TO BARBARA'S CONCRETE - RESOLUTION NO. 2000-040 Councilman Metts moved, seconded by Councilman Phifer to approve the Consent Agenda. Motion to approve carried 6-0. 7. GN 2000-057 - YOUTH ADVISORY COMMITTEE YEAR END REPORT APPROVED Mr. Tony Ortega - Youth Advisory Chairman presented the end of the year report for the Youth Advisory Committee. Councilman Trevino moved, seconded by Councilwoman Johnson to approve GN 2000-057. Motion to approve carried 6-0. City Council Minutes June 12, 2000 Page 3 8. GN 2000-058 - AUTHORIZE COUNCIL AD HOC COMMITTEE TO REVIEW AND RECOMMEND A POLICY REGARDING THE NAMING OF STREETS, PARKS, PUBLIC BUILDINGS AND OTHER PUBLIC FACILITIES - RESOLUTION NO. 2000-041 APPROVED Mr. Cunningham advised Council under Section 7.1 of the Council Rules of Procedures that were adopted by the City Council it states that the City Council may authorize the appointment of an Ad-Hoc Council member committee and if such committee is authorized, then the Mayor shall appoint members of the City Council to such committees, subject to the approval of the Council. Mayor Scoma is proposing that an Ad-Hoc Committee of the Council be appointed to review and recommend a policy regarding the name of streets, parks, public buildings, and other public facilities. If such a committee is appointed, it will review the current naming policies, review material from other cities, consider information used by the Parks and Recreation Board, and determine if and where any changes should be made or if additional criteria is needed for naming facilities. Councilwoman Johnson moved to approve GN 2000-058, Resolution No. 2000-041, with the stipulation that the committee brings the first reports to Council within 90 days. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. 9. GN 2000-059 - APPOINTMENTS OF COUNCIL AD HOC COMMITTEE TO REVIEW AND RECOMMEND A POLICY REGARDING THE NAMING OF STREETS, PARKS, PUBLIC BUILDINGS, AND OTHER PUBLIC FACILITIES APPROVED Councilwoman Johnson moved to appoint Councilmen Metts, Trevino and Tolbert to the Public Facilities Naming Ad-Hoc Committee. Councilman Mitchell seconded the motion. Motion to approve carried 6-0. 10. GN 2000-060 - APPROVE SIDEWALK POLICY - ORDINANCE NO. 2484 TABLED City Council Minutes June 12, 2000 Page 4 Mr. Greg Dickens, Public Works Director, summarized GN 2000-060, Ordinance No. 2484. Council expressed concerns to Staff regarding the sidewalk policy. Concerns included: property owners paying 100% for sidewalks in redeveloped areas, work bonds and protection for the City in regards to faulty work. Mr. Cunningham advised Council that they could table this item. Staff could have another work session and work through the details, address Council's concerns and bring back to Council for reconsideration. Councilman Trevino moved to table GN 2000-060, Ordinance No. 2484. Councilwoman Johnson seconded the motion. Motion to table carried 6-0. 11. GN 2000-061 - SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES OF TXU GAS (TXU LONE STAR GAS)- RESOLUTION NO. 2000-042 APPROVED Mr. Vick summarized GN 2000-061, Resolution No. 2000-042. Mr. Vick advised Council that TXU - Lone Star Gas Company filed a request to increase the rates for natural gas service in North Richland Hills along with twenty-two other cities in its Fort Worth Distribution System. Under the Gas Utility Regulatory Act Council may suspend operation of the increased rates for 90 days beyond the date that the rate would ordinarily go into effect. Staff recommends that Council should suspend TXU - Lone Star Gas rates for the 90-day period allowed and that the rates be analyzed, and possibly work with other cities in a rate study with the passage of Resolution No. 2000-042. Councilman Trevino moved, seconded by Councilman Mitchell to approve GN 2000- 061, Resolution No. 2000-042. Motion to approve carried 6-0. 12. GN 2000-062 - APPROVE AMENDMENT TO CIVIL REGULATIONS ON PART-TIME EMPLOYEES ORDINANCE NO. 2485 APPROVED City Council Minutes June 12, 2000 Page 5 Ms. Melani Fragge advised Council that on May 16, 2000 the Civil Service Commission approved an amendment to the part-time employee status in the Civil Service Regulations. It is proposed that Council approve the recommendation of the Civil Service to amend Civil Service Rules and Regulations - Section 9.03(b), 9.04(b), 9.11 and 10.05. The amendment will eliminate the part-time benefit language from the Civil Service Rules and Regulations and be regulated through Management Policy. Staff recommends approval of Ordinance Number 2845. Councilwoman Johnson moved, seconded by Councilman Metts to approve GN 2000- 062, Ordinance No. 2485. Motion to approve carried 6-0. 13. PW 2000-018 - APPROVE CHANGE ORDER NO.1 IN THE AMOUNT OF $21,918 FOR RUFE SNOW DRIVE, SECTION C (HIGH LAWN TERRACE TO BURSEY ROAD) APPROVED Mr. Mike Curtis, Public Works Assistant Director, summarized PW 2000-18. Councilman Metts moved, seconded by Councilman Mitchell to approve PW 2000-018. Motion to approve carried 6-0. 14. (A) CITIZENS PRESENTATION None. (B) INFORMATION AND REPORTS IR 2000-079 - REGIONAL AND LOCAL WATER SUPPLY; CURRENT CONDITIONS AND FORECAST Mr. Greg Dickens advised Council of North Richland Hills water supply. . North Richland Hills Junior Open Tennis Tournament to be held June 23-25. Please call 427-6680 for more information. City Council Minutes June 12, 2000 Page 6 · North Richland Hills Camp Dates: Enviro Camp Camp NRH Session 4 Camp NRH Session 5 NRH20 Dive in Movie NRH20 Dive in Movie June 13 - 15 June 19 June 26 June 23 June 30 For additional information on the camps, please call 427-6600. 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:13 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 06/26/00 Subject: Aoorove Resolution No. 2000-37 - ReoealinQ Resolution No. 99-10 Agenda Number: GN 2000-062 Mayor Pro Tem Lyle Welch has requested that this Resolution No. 2000-37 be prepared and considered on this agenda as a consent item. The City Attorney has prepared Resolution No. 2000-37 that would repeal Resolution 99-10. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallalJle Department Head Signature Finance Director ... Page 1 of RESOLUTION NO. 2000-37 BET IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Resolution No. 99-10 be, and is hereby, in all things repealed. PASSED AND APPROVED this 26th day of June, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney -\ ... CITY OF NORTH RICHLAND HILLS '--Oepartment: Public Works Council Meeting Date: 6/26/00 PW 2000-019 Subject: Approve City-Developer AQreement for CIP Sewer System Agenda Number: Improvements with TMC Management Company - Sanitary Sewer Main BB1.1 - Resolution No. 2000-043 In accordance with the State law and the City's Impact Fee Ordinance No. 2241, any eligible water or wastewater projects constructed by the City or Developer can receive reimbursement from the Impact Fee Fund. Projects which are eligible are those shown in the current Impact Fee Study to be in the 1 O-year Capital Improvements Program. Each eligible project listed in the study has been evaluated to determine to what percent of its total capacity does it serve future development. This percentage is used to determine the maximum amount of its total cost the City will reimburse. TMC Management Company (Developer) is ready to install the proposed sanitary sewer main from the east side of Lot 73, Block 2, Steepleridge Addition, east along the north property line of Peck Survey, Tract 11 C, across Davis Boulevard south along the east side of Davis Boulevard, and across Precinct Line Road south approximately 420'. This 8" sanitary sewer main (881.1) is included in the Water and Wastewater Impact Fee Study (Study) dated July 31, 1997 by Knowlton-English-Flowers, Inc. The improvements as \......' outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $92,506 times the appropriate percentage. On this project this reimbursement amount calculates to a maximum of $65,568.31. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive reimbursement upon completion and acceptance of the improvements. The final reimbursement will not exceed $65,568.31. Recommendation: To pass Resolution No. 2000-043. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ 02-90-19-6000; 99-02-90-019 Account Number 401-0000-712.79-00 Sufficient Funds AvallaDle Finance Director - - ---_.~---~~~.~->--,,~~'._-----, RESOLUTION NO. 2000-043 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be and is hereby authorized to execute the attached City- Developer Agreement with TMC Management Company concerning impact fee reimbursement for Sanitary Sewer Main BB 1.1, located in the northeast corner of the City limits across and along Davis Boulevard near Precinct Line Road. PASSED AND APPROVED, this the 26th day of June, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That, TMC Management Company of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing sanitary sewer system improvements as indicated in the construction documents titled "Sanitary Sewer BBl.!" the Developer and the City hereto agree: 1. The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City, on City forms, a 2-year maintenance bond in the amount of twenty (20 %) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: TMC Management Company Sanitary Sewer Main BBl.l Page 1 of3 In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly. WATER AND WASTEWATER IMPACT FEE STUDY d d J I 31 1997 ate my , , Maximum Total Total Cost Eligible City's Facilities Assessable per Bid Percent Participation Cost per Study SEWER: 8" Sewer Main: BB 1.1 $67,548.00 $89,795.00 73.02 % $65,568.31 East from Lot 73, Block 2, Steepleridge Addition, along the north property line of Tr. 11 C, Peck Survey, then across Davis Blvd. and south along east side of Davis Blvd., across Precinct Line Road south for approximately 420'. Total $67,548.00 $89,795.00 $65,568.31 Total Max. Reimbursement $65,568.31 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. TMC Management Company Sanitary Sewer Main BB1.1 Page 2 of 3 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. 10. Special provisions: None IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original on this the 14- th day of ~ ,2000. () TMC Management Company ~~- By: -::r~s. l-1.}.rE=()~ (Printed name and title) A ~.s.; 6e..ú\ STATE OF TEXAS COUNTY OF ~r ?OÐO This instrument was acknowledged heforeme on, Qu.~ 14 , ~by $M1ê.~'::' M4~ ,~ ,TMC Management Company. (name) (title) Commission Expires: (S GREGORY W. DICKENS Nowy Public, State of Texas My Commission Expires Septlmber 11.2003 Notary Public Printed Name CITY OF NORTH RICHLAND HILLS Larry J. 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Ë .... ... 6 ..:. .. - ..:. ~ ~ r. U¿¡U~ o .. .( co .. i' II. ..; ~ ~ W I/ ~I II:: Z o .. ~ '" tri .. ~ "'. N .. ~ Ü .... '" .., ~ CD '" CD rD '" .... '" .. ~ ø CD co ... N '" .... ,..: ..... .. N N ci ~ o CD <D '" ...J ~ ... II> ... o .. e .... ¡¡¡ o .....- - CITY OF NORTH RICHLAND HILLS Department: Police Department Council Meeting Date: 6/26/00 Subject: Resolution of Support for Ten-Year Continuation of the Crime Control Agenda Number: GN 2000-063 And Prevention District - Resolution No. 2000-045 Passage of the Crime Control and Prevention District in 1996 provided a means to finance progressive law enforcement and maintenance of order inside the city limits without additional ad valorem taxes imposed on our citizens. The combination of a large daytime population and the natural growth of the community create a great demand for police services. A significant majority (up to 75%) of the payment of the % cent sales tax levied under the Crime Control and Prevention District is made by persons who are not residents of North Richland Hills, but who significantly contribute to the need for increased and enhanced police services in this city. Law enforcement goals and objectives for the Crime Control and Prevention District revenues were defined to meet the needs of the community and ensure the safety of our citizens. These goals and objectives have been significantly met or exceeded over the last four years. It is desirable and advantageous to the City that a high level of police services has been established, and the continuation of this high level of police services is essential to ensure the welfare of our citizens and their property. It is proposed that the City Council support a continuation of the Crime Control and Prevention District for the period of ten years, minimum. RECOMMENDATION: Pass Resolution No. 2000-045. ~- Source of Funds: Bonds (GO/Rev.) Operating Budget :~s~~ v Department He d Signature Finance Review Account Number S~dl~ Budget Director Page 1 of L RESOLUTION NO. 2000-045 WHEREAS, passage of the Crime Control and Prevention District in 1996 provided a means to finance progressive law enforcement and maintenance of order inside the city limits without additional ad valorem taxes imposed on our. citizens; and WHEREAS, a significant majority of the payment of the ~ cent sales tax levied under the Crime Control and Prevention District is made by persons who are not residents of North Richland Hills, but who significantly contribute to the need for increased and enhanced police services in this city; and WHEREAS, law enforcement goals and objectives for the Crime Control and Prevention District revenues have been significantly met or exceeded; and WHEREAS, it is observed to be desirable and advantageous to the City that a high level of police services has been established, evaluated, and found to be effective; and WHEREAS, the continuation of this high level of police services is considered desirable and essential to ensure the welfare of our citizens and their property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT, it is deemed desirable and advantageous to the City in all aspects that the Crime Control and Prevention District should continue as it presently does, and its continuance for an additional ten year term merits the full and complete support of the City Council. PASSED BY THE CITY COUNCIL this 26th day of June 2000. APPROVED: Charles Scoma, Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS . Department: City Secretary Council Meeting Date: 6/26/00 Subject: Consideration of AmendinQ Council Rules of Procedure - Agenda Number: GN 2000-064 Resolution No. 2000-47 In order to clarify the procedures used at Council meetings regarding presentations and public hearings before the Council, staff suggests that the Council Rules of Procedure be amended to include what is in practice. Attached is a Resolution and Ordinance that states the public hearing/public presentation procedures currently in use. These are the same as those shown on the viewing screen prior to Council meetings and on the "Request to Speak" forms provided on a table in the Council Chamber Room. According to the Rules of Procedure, before the Council can take formal action to approve an ordinance amending the Rules, any amendments must first be introduced into record at a previous Council meeting. Resolution No. 2000-47 introduces into record the Council's desire to amend the Council Rules of Procedure. An ordinance will then be placed on the July 10 Council Agenda for Council to take official action. Recommendation: To approve Resolution No. 2000-47 entering into record the Council's desire to amend the Council Rules of Procedure. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaOle @øvitd ~ Department Head Signature Finance Director Page 1 of L RESOLUTION NO. 2000-47 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Ordinance No. 2488 has been received by the City and its is ordered that it be placed on the next regular agenda for consideration and/or approval. PASSED AND APPROVED this 26th day of June, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex ORDINANCE NO. 2488 WHEREAS, this Ordinance amending the Council Rules of Procedure (Ordinance No. 984) was duly received by the City Council at its regular meeting of June 26, 2000; and WHEREAS, it was ordered by the Council on June 26, 2000 that this Ordinance be placed on the July 10, 2000 Agenda for consideration and/or approval. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: 1. Section 5.5 of the Council Rules of Procedure is hereby amended and shall hereafter read as follows: 5.5 Presentations by the Public 5.5.1 Any person desiring to present a subject for City Council consideration shall advise the City Manager's office of the fact not later than 5:00 p.m., on Wednesday preceding the meeting at which he wishes to have the subject to be considered. Said person shall make himself available for a conference with the City Manager a the Manager's request at some time prior to said Council meeting. 5.5.2 Any person wishing to speak at a Public Hearing scheduled on the agenda shall complete a Public Meeting Appearance Card and present it to the City Secretary prior to the matter being reached. Upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor. All persons wishing to speak on the matter shall be limited to three minutes each and there is a cumulative limit of sixty minutes for all those speaking in favor of an item and a like limit for those speaking in opposition. The time limit may be extended by a majority vote of the Council. The Mayor may also, with the concurrence of the City Council, alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item. 5.5.3 In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of individuals wishes to address the Council on the same subject matter, those individuals are encouraged to designate a spokesperson to address the City Council. A spokesperson speaking for ten or more individuals present in the Council Chambers shall be limited to a ten-minute presentation. Other members of the group cannot speak. The Mayor or City Secretary must be advised prior to the start that a group presentation will be made. The Mayor may ask group members to stand to confirm ten individuals are present. 5.5.4 During Public Hearings, no person will be permitted to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed to the full City Council. 5.5.5 Public Meeting Appearance Cards may be used by members of the public who do not wish to or cannot verbally address the City Council during a meeting. A person may indicate his/her comments and support or opposition for an agenda item on a Public Meeting Appearance Card. During the public testimony regarding the item, the Mayor will indicate that the City Council has received written comments from (name of persons) in support of the project or issue and from (name of persons) in opposition. The minutes will reflect the City Council's receipt of written comments in support or opposition of the project or issue. 5.5.6 A speaker shall not present the same or substantially the same items or arguments to the Council repeatedly or be repetitious in presenting their oral comments. Nothing in the foregoing precludes submission of comments to the City Council in writing, for such action or non-action as the Council, in its discretion, may deem appropriate. No person may speak twice to the same item until all persons wishing to speak have been recognized. A person will only be allowed to speak a second time when there is new evidence to present and the Mayor, with the concurrence of the City Council, rules that there is good cause to do so. 5.5.7 Any of the foregoing rules may be waived or suspended by a majority vote of the Councilmembers present when it is deemed that there is good cause to do so, based upon the particular facts and circumstances involved. 5.5.8 The Citizens' Comments portion of the City Council meeting is set aside for members of the public to address the City Council on any item of business that is not formally scheduled on the agenda or scheduled as a public hearing. Members of the public should complete a Public Meeting Appearance Card prior to the item being heard and present it to the City Secretary. Citizens' comments are generally permitted at the end of the regular City Council meeting, as specified on the agenda. Presentations shall be limited to three minutes each. Citizens' comments shall be limited to a cumulative total not to exceed fifteen minutes for all speakers. Presentations under citizens' comments are limited to items within the subject matter of the jurisdiction of the City. In compliance with the Texas Open Meetings Act, the City Council may not deliberate or vote on any matter raised in citizens comments, except for the purpose of determining whether such mater should be placed on a future City Council agenda. The Mayor, however, may request the City Manager to provide additional information on a matter of general interest to the full City Council, the public at large and to the citizen making the comment. Ordinance No. 2488 Page 2 of 3 5.5.9 The Mayor should announce at public hearings involving more than ten individuals the need to maintain proper decorum in order to hear all view points and to refrain from speaking while others are speaking, clapping, etc. to express support or opposition to comments made. 2. These amendments in this Ordinance shall become a part of the Council Rules of Procedure from and after the date of passage of this ordinance. PASSED AND APPROVED this 10th day of July, 2000. APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary Ordinance No. 2488 Page 3 of 3 CITY OF NORTH RICHLAND HILLS Subject: Approve Sidewalk Policy - Ordinance No. 2484 Council Meeting Date: 6/26/00 Agenda Number: GN 2000-065 "L:>epartment: Public Works Staff has made the changes requested by Council at the last meeting concerning sidewalks in redeveloping areas (see pages 2 and 4). A minor change in wording was made on page 3. This item will be on the Pre Council Agenda for discussion. Recommendation: To approve Ordinance No. 2484 and create a Sidewalk Construction Fund in the 2000-2001 City Budget with a beginning balance of $50,000. '- Source of Funds: Bonds (GO/Rev.) Operating Budget Other '- Finance Review Account Number Sufficient Funds AVaJlaDle Finance Director Page 1 of _ .._~____,_._._______~___...._.~__._~,_____'___%~,._._..""wo._ _ City of North Richland Hills, Texas Sidewalk Policy ORDINANCE NO. 2484 WHEREAS, the City Council of the City of North Richland Hills finds a need for more pedestrian walkways in the City; and WHEREAS, the City Council of the City of North Richland Hills wants to encourage the construction and reconstruction of sidewalks in the City; and WHEREAS, the City Council is willing to participate in the cost of sidewalk construction when deemed appropriate. NOW, THEREFORE, be it ordained by the City Council of North Richland Hills, Texas, that: I. PURPOSE It is the intent of this policy to encourage the construction and/or reconstruction of sidewalks throughout the City for the safety and convenience of pedestrians. II. DESIGN STANDARDS The design and construction of sidewalks shall conform to City standards and shall provide, at a minimum, a four-foot wide concrete sidewalk located approximately 5-1/2 feet behind the back-of-curb, or a five-foot wide concrete walkway located immediately behind the back-of-curb. The specific design and placement of the sidewalk may vary depending upon location and extenuating circumstances, however, the Public Works Department shall approve the final design. In all cases, the placement of the sidewalk shall provide a continuous walkway for the pedestrian and will be compatible with other existing sidewalks in the neighborhood. Curb ramps will be required at the corners of all intersections as sidewalks are constructed. III. SIDEWALK REQUIREMENTS AND COSTS A. New Developinq Areas 1. Sidewalks are required on both sides of all new streets. 2. In developing areas, sidewalks should normally be installed along with the construction of homes, offices, buildings, etc. so as to avoid being damaged by heavy trucks during that stage of development. The City Building Official will require that sidewalks that were required at the time of platting be installed during the construction of buildings on the lot(s) and prior to the issuance of the Certificate of Occupancy and/or final connection of utilities. Page 1 of 5 .___^~,.'_"__ ___~_.__..,".__.._".__"~"_'~ '_~__~~_.".__'_~__MO"_~_'__~"'."~'_'_'"___'''<'''_'''''_..,,_~~,. m~~'___~'_._'~"'._~'"_^__"'""______·~_________________"_"·_···_ City of North Richland Hills, Texas Sidewalk Policy 3. The cost of required sidewalks in new developing areas shall be paid by the builder and/or property owner. B. Redevelopinq Areas (develooments beinq exoanded or reconstructed) 1. Sidewalks shall be required in redeveloping areas under the same conditions as new developing areas. An area shall be considered to be redeveloping for purposes of this policy when: a.!.iJ A building permit is issued in an amount equal to or greater than 50-percent of the fair market value of the existing improvements (as determined by the City Building Official); and .illJ There are sidewalks existing along the rest of the block face; or the property on which the building permit is issued has a frontage of 300-feet or more, or extends for 50-percent or more of the block face-;-; or b. The property is located in a residential area identified and tarqeted by the City Council for redevelopment. 2. The property owner shall pay the cost of the required sidewalks in redeveloping areas meetinq the requirements of Section III. B.1.a. above. The City shall have the option to pay for a portion or all of the cost for sidewalks in all other redevelopinq areas. 3. All required sidewalks shall be installed prior to the issuance of the Certificate of Occupancy or final connection of utilities. C. Existinq Developed Areas 1 . Replacement of Sidewalks In some areas where sidewalks have previously been constructed, it is essential that they be kept in good state of repair and be properly maintained. In certain cases poorly maintained sidewalks constitute a greater hazard to pedestrians than no sidewalks at all. a. It shall be the responsibility of the property owner to inspect existing sidewalk conditions in front, side, or behind his property and to keep them in good repair. Faulty sidewalks should be brought to the attention of the Department of Public Works by the property owner. Page 2 of 5 --~~.~,------_...,--~~~_._-~--_.,,-_.~._,...~-_..-._~--_.-._.-^~-,_.'---'---"~ City of North Richland Hills, Texas Sidewalk Policy b. After sidewalks in need of replacement have been identified, the City will initiate corrective action and so notify the affected property owner(s). Such notification will include the project scope, the estimated cost of the project, and the estimated cost for the individual property owner(s). c. The City shall initiate the replacement of sidewalks upon receipt of the property owner's share of the cost or assessments having been formally made. In cases where a hazard exists and the adjacent property owner refuses to pay the property owner's share of the cost of replacement, the City may file a lien on the adjacent property O'Nner for the value of the assessment. d. The cost of replacing sidewalks will be the property owner's responsibility. 2. New Sidewalks a. In developed areas with no existing sidewalks, property owners can request the installation of sidewalks by petitioning the City. At a minimum, 80-percent of the property owners along the block face must sign the petition requesting the installation of the sidewalks. The 80-percent will be determined by linear feet of frontage the petitioning property owner's have to the total feet of frontage the block has. b. The cost of installing new sidewalks in developed areas will be the property owner's responsibility. c. When the City determines that a sidewalk is warranted to provide for the safety and convenience of the public-at-Iarge, no property owner participation will be required. This determination will be made by the Public Works Department using a "priority warranting system" which shall include but may not be limited to such factors as number of pedestrians, pedestrian accident history, vehicular volume, traffic speed, and proximity to a school or place of public assembly (see Attachment "A"). Such warranted sidewalks will be constructed by the City as needed and shall be paid for 100- percent by the City from the appropriate fund If funds are not available from the current budget, the sidewalk construction cost will be included in the following year's budget. Page 3 of5 City of North Richland Hills, Texas Sidewalk Policy D. City Imorovement Projects 1. When the City remodels, improves or constructs a building (Le., fire station, police station, garage, civic center), parkway improvements will normally be a part of the work. These improvements will consist of the installation of new sidewalks or the replacement of deteriorated sidewalks adjacent to the property as deemed necessary and desirable. The cost of this work will be paid for 100- percent by the City and shall be included as a cost of the building project. 2. When the City widens or reconstructs an existing street and it is determined that sidewalks are necessary and desirable, the cost of these sidewalks shall be paid for by the owners of the adjacent properties in accordance with the Street Assessment Policy. 3. When the City reconstructs a street utilizinq Community Development Block Grant funds throuqh HUD. the cost of any sidewalks constructed will be paid for by the City. IV. REQUIRED PUBLIC NOTICE A. Assessments for the construction or replacement of all sidewalks will require a public meeting as required by Ordinance of the City of North Richland Hills and applicable State Law. B. In all sidewalk cases requiring cost participation by the property owner(s), the City will notify the affected property owner(s) of the project scope, length, total estimated cost, and the estimated property owner's cost of participation. Notice will be given of any required meeting, the meeting date, time, and place, as required by law. V. PAYMENT A. The total amount of an assessment may be paid in. a lump sum cash payment, without interest, if payment is made within 30-days of acceptance of the project by the City Council. B. The assessment may be divided into five equal annual payments over a four-year period with the first payment due within 30-days of acceptance by the City Council, and with interest not to exceed the maximum permitted by State law on the unpaid balance. C. The assessment may be paid in monthly payments of $9.00 or more per month of a maximum period of 49-months, with the interest rate pre- computed and made a part of the monthly payment. Page 4 of 5 ____._....__.__~~_______...__A>__~_._._'_'_".._._~._,.._...~,_,_.__...~..~_.."'__.___~m__~·<-·~·_-'-· City of North Richland Hills, Texas Sidewalk Policy D. In those cases where an existing sidewalk constitutes a hazard the adjacent property owner refuses to pay the property owner's share and the City Council has determined the necessity for the improvements and has ordered the improvements, it will be necessary to obtain sealed bids and let a contract for such work as required by law. One hundred-percent of the cost as determined from the low bid shall be assessed against the owners in accordance with applicable statues. IV. EFFECTIVE DATE This policy shall become effective upon the date of City Council approval. PASSED AND APPROVED this the 26th day of June, 2000. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: Page 5 of 5 _m_"...______'__·~___,,····_~__···,~_·~,,·~··,_.._· ATTACHMENT "A" PRIORITY WARRANTING SYSTEM Points >30 25 Number of pedestrians at peak hour 21 - 30 20 11 - 20 15 1 -10 10 Routes serving schools or pedestrian- 1 - 3 blocks 15 generating facilities 4 - 7 blocks 10 > 7 blocks 5 Street classification Arterial> 48' roadway 20 Collector> 40' roadway 15 Residential < 40' roadway 10 Posted speed limit 40 mph or hiqher 15 35 mph 10 < 30 mph 5 Gaps in sidewalk network o - 50 feet 20 50 - 1 00 feet 15 100 - 200 feet 10 200 - 400 feet 5 > 400 feet 0 Location is a "priority warrant" and qualifies for sidewalk construction by the City with no property owner participation if points earned are 50 or greater. CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department CounCil Meeting Date: 06/26/00 '_ Subject: Public Hearing to Consider the Appeal of McDonald Agenda Number: PZ 2000-22 Associates for a Special Use Permit to Allow a 120 Foot Monopole Communications Tower with an Equipment Shelter Building on Property Zoned 1-2 Medium Industrial District. The Property is Located on Lot 3R, Block 7, Industrial Park Addition and Addressed as 5649 Rufe Snow Drive. Ordinance Number 2486 CASE SUMMARY McDonald Associates has submitted a special use permit to allow a 120 foot monopole communications tower for Nextel Communications on property zoned 1-2, Medium Industrial. The property located 5649 Rufe Snow Drive is partially developed with Harmon Glass. The applicant is proposing to locate the tower at the rear of the property. The applicant proposes to lease an area 95' by 44' to be enclosed by an 8 foot high masonry wall. Initially, the tower will have a maximum height of 100 feet and will be increased to 120 feet in. the future to allow for a total of four sets of antennas mounted on the tower. The applicant has provided an inventory and map of Nextel's existing towers within the city and within one mile of the city limits. The nearest tower is approximately 1,700 feet to the south at 6455 Hilltop Drive. That tower is approximately 75 feet in height and has two sets of antennas. The separation requirement in Article 7 requires a minimum separation of 1,250 feet. \ '--- The applicant is proposing a prefabricated equipment building containing 200 square feet (10 by 20 feet) at 10.4 feet high. The proposed prefabricated equipment building exceeds the maximum size by 100 square feet. The Board of Adjustment has approved two variances on the size of the equipment buildings for antennas co-locating on other towers primarily because the City is encouraging co-location and communication companies are putting more equipment in each building to provide more services at fewer locations. The applicant will be submitting a variance request if the City Council approves this request. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ~ " Finance Director " Department Head Signature L:\Cases\PZ Cases\PZ 2000-22 Page 1 of 2 .---. - ....- ..............-------------.---,.--.. ......__.-_._~-- - CITY OF NORTH RICHLAND HILLS "- The applicant is proposing to construct a concrete payed entry adjacent to the rear of Harmon Glass parking lot. The site plan indicates a grayel bed for the equipment area of four separate users surrounded by an 8 foot masonry wall with a solid line of trees on the back or west side of the site. This site is surrounded by Industrial zoning but most of the area is developed as commercial land uses. While the proposed site is behind existing buildings it is clearly visible from Industrial Park Boulevard from the west. The solid masonry wall and tree area would screen the equipment shelters from Industrial Park Boulevard. The 120 foot fall area does include some existing adjacent buildings and the Industrial Park Boulevard right- of-way. The applicant has provided information with a map addressing this issue. North: South: East: West: Surrounding Zoning 1-2 Medium Industrial 1-2 Medium Industrial 1-2 Medium Industrial 1-2 Medium Industrial North: South: East: West: Surrounding Landuses KFC Chicken Precision Tune Harmon Auto Glass Vacant to Industrial Park Blvd Recommendation: The Planning & Zoning Commission met on Thursday, May 11, 2000 and voted 4-3 "- (Bowen, Nehring, Welch) to recommend denial of PZ 2000..22. The primary concerns of the P&Z Commission related to opposition from a surrounding property owner and concerns over the lack of documentation for pursuing co location with an existing tower that is 1700 feet to the south of this site. If City Council wishes to approve this request, staff would recommend the following motion. Approval of PZ 2000-22 for a specific use permit to construct a 120 foot monopole communications tower at 5649 Rufe Snow Drive with Ordinance 2486 with the site plan as presented. ~I CITY COUNCIL ACTION ITEM Page 2 of 2 Pc> -~. }lfø\'~O ~~~ 4¢~~' \~o\) :.\1 lltlUJ '2 ( MATCH LINE - SEE Grid: 78-432 ¡ \ _ m . 0 < í w 0 ;! « w >- ;! 0 F < :¡: f t- V> 71~ u Dlt VI . I~J ~ w -' 1-2 'I' \t'f. 'r' C) ',f.' '" Ih' W > æ c ~ 0 Z t--\ì\ìc fJ) W LL :J a::: \~\ì. \-ù<-\\ "o~ . \' r' \" IR,\I:1 ~îà TPN;1 ~" W<\,I! ".;; . "" ., '¡-illl Q ii< Z 1~ . ¡HM~I .'UIl ~ ~,2illl{ "'" U _:d !G Z " -- t- < - .. L2 m, VI U .. R."I'-¡ W 1 "". ~ ~ flU,'"! .,^ P;'\I\ I ". W~J , .,~-I\,,'.I' 13b3 1-2 13b2 -2 "\ '{\\:~ \\ìl'', t" \\~\' ..è.Xi-- ~ì\ì . ail: ,,~ i!! III w ~ 1[WI,' ~ ~ ~ij,:~ I-'~ ~-~ ~ :m> "" '^ C-1 R-7-MF 3;) Ip 1-2 \t\III" LB ~!,*, C-2 t B'\!I·E'r'I~Ø¡S"A'!I'R'ElS.I!)'R Ca2 "'ti~ 13bO T:i :¡: PZ 2000-22 SPECIAL USE PERMIT REQUEST 5649 RUFE SNOW DRIVE .... r- P,AI -I o ." " '" ) ·1 I ·E"~B1ø'W¡e'RTS'T""'¡¡)"R. . M~ItIlOI',{C!)l !1!1e'R C-1 'CO: 2253 ø I ... :œ ~ i C-1 2253 R ,- ,\,\\V, \ )\) ''\ Þ-\ I' \ì \) \'\ ~\\\t\J 1 ¡¡; l.l 0-1 2253 C-2 1850 C-2 "~H p C-2 11 f' LR') , S:î!}\\.Ì N.RTH RICHLAND HILLS ( MATCH LINE - SEE Grid' 78-424 Page: 88 ) ,., 11 f) ) F 1:' \1 I',r.¡ r I? 11 P :',!, ') I{ ,~ we, " " "'1 -~\ ') ::.~ DR ~lL "I ". 1"' I. q '.' I ~, ,.' , y'¡' "" - "" 'f; '. f' ^\\t\\' Q « OI! t"!1 t- < 0 OI! "" « « ~ « '" p p -' :( . --8B1{ - z -' ~ [ < 'J -' ~ < ,or> > < > 0 « '-,n 0 « :¡: t- ~ "" ~ ... ~ 'R .. ;'¡'.' , , I C-' \ " '11~~ I I ~~If@'- ~ ··W'*S--[ I I ~ I ADOPTED: March 22. 1993 05/19/2000 10:28 97274B""22 LAW OFFICE PAGE 02 McDonald .. Associates, PLLC Writer's Direct Dial: (972) 745-4303 . Writer'$ E-Mail: baldwin@landusetx.com May 18, 2000 John Pitstick Development Director City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76182 Via facsimile Re: SUP Request - 5649 Rute Snow Dear Mr. Pitstick: Pursuant to our earlier conversation, please let this letter serve as notice of appeal ofthe Planning and Zoning Commission's recommendation atthe May 11th Public Hearing to deny Nextel Communications' Special Use Permit request tor a 120 foot monopole communications tower at 5649 Rufe Snow Drive. This letter is written in accordance with North Richland Hills Zoning Ordinance § 200 (H). Please advise me of the City Council public hearing date. Very truly yours, ¿~1:ICP Land Planner 270 N. Denton rap, SuitetOO .. Cappell, Texas 75019" Phone 972-745-4300 .. Fax 972r745-4222. 06/20/2000 14:13 9727454222 . "Jan,~, 1~~!rl¡:OIPM" wwoNEXTEL NLC 9723238270 Ii . ~. . "'J\vr u:.I"..I. PAGE 02 No,0037 P. 2 ~OOl valmontV' MICROFLECT April 26, 2000 Glenn Bautista Nextel Communications 2045 Westgate Dr. Suite 110 Carrol1ton. 'IX 75006 Ph: (972) 323-8252 Fx: (972) 323-8270 Subject; Failure Modes for Tapered Moaopoles and mounting appurtenances. Stte~ Nordl Riehla.d Bills, TX044:lB Proposed 110' CommulcatioD' Monopole Struetare Dear Mr. Bautista, . We understand that there is some concern on tho part oflocal building officials regarding the potential for failure of prDposed 120· tapered monopole Sprint is proposing for the above site. To address this concern we offer the following: Communications monopole stnlctlD'eS designed by Va1montlMicroðect are typically sized in accordance with the latest revision or the EWfIA 222 Standard entitled "Structural Standards for Steel Antenna Tower& anè Antenna Supporting Structures." This standard has been approved by. ANSI, who has generated the standard for "Minim.UIn Design Loads for Bui1dings aDei Other Structures". The standatd. which is the basis for design loading for practioa11y every building code and standud in the COWltry. has dealt witb. the desigl\ of antenna suppon structures Cor over 40 yeBIS. The EIA $tandard, based on provisions or this nationally known specification, has a 1ang histoI)' of reliability. At its core philosophy is it's first and foremost priority to safeguard and maintain the health and welfare 'öftbe pub1ie. The ElA standard dictates minimum wind lOldin, (the predominant loac1ing on a monopole stx11cturc) for each county in the United States. It is Valmont/Micrcflect's poliçy to use the wind loading J.i¡ted in the latest EtA standard as a minimum. loadin¡ unless the customer specî1ies a larger value. Statistically, the wind $peed listed in the EIA standat'd has been determined to be that wí..nd whigh has an average reoc~ce of SO years (i.e. t.be magnitude haS a 2% çhance of occurring in anyone year)_ This wind is th~ "futest mile" wind at 33 ft. abovo ground. By definition, the "fastest mile" wind ;5 the aVcnLge velocity of a mile of wind PIUÍDg a fixcd. point This "fastest mite" wind is customized with height, exposurc, and lUSt factors tbat apply to a particular installation which. in effect, increases the wind velocity. Page 1 of3 ComrnUNDOllofti DlwÌJion. Vol,nnl Indus"ie..lnCo JJ'5 25111 Sinter SE Solom, 019gon 97302·1123 USA '03.363.9261' FoIC $03.363..&613 ww_."ClI,"o lI.~o'" 06/20/2000 14:13 9727454222 Jan. ;¡. I~~O II;UI~M NtXltL NLC ~fZ ~Z3 82/0 ,V&\"'&6..L.\ot... PAGE 03 No.Q037 p. 3 ~uuz The loads generated by this wind speed, aJong with wei;bt of the monopole sections and my ìce loading being conlidered, are uaoo to design the structural· system. To fail monopole sections. tho wind mu.st exceed all or our esthnates for magnitude, duration, as 'Wen as overcome tbe factor of safety dotemùned from the design.. Say for Ï11stance. this monopole is designed for an 90 mph Basic Wind Speed. This Basic Wind Speed translates into a &WitlÌ11e~ lUSted wind speed of 141 mph at tbe top of the m.onopole. COXI$ìdering a survivable wind speed which cOnJi4en the ultimate yield strength of the steel, failure of the monopo1e would not be expected until wind speeds excccd.ed 157 mph. Beyond 157 mph we can only make an educated guess as to the failure mechmi5m:i th~t would take place. The term Failure used above only suggests that "local bucklingn has occun-oc1 at this point. i'Local. Buckling" is the result of a relatively small ponioD of the shaft c1istorring by "l.dnking" the steel. Local Buckling does not cause a fi'ee falling pole, rather it relieves the stresses from the pol~ ~t this location. If wind speeds conti.nue to increase. the pole may continue to buckle and eventually cromp1clfold over upon itself. Once this takes place, a significant rcd.uction in wind load will cause the pole not to experience further deformations. In the above scenerio, we are assuming sustained. gusted winds. As we al11cnow, a gust would soon dissipa1e and, after this peak wind is gone, the stress in the pole would be :reduced.. Poles are ßCX1'ble. forgiving structures which ate nol generally susceptible to damage by impact loads such as a wind gust or earthquake shocks. It may take some time ror the entire structure 10 "'scc" the impact loading. Even after a local buckle, the pole has significant capacity, It is this capacity along with the transitory nature of the loading that prevents a pole from "falling over." It should also be noted that typical antennas are designed to survive 125 mpb. With the absence of antcnDA loading the pole would have additiona1 capacity. ValmontIMicrotlect's Pole desigo. and full-scale testing have provided the public with a very reliable product. Poles have gone through ex:ttmllive full scale testing, resulting in a history of being extremely reliable. This pub1ic, in my opinion, has been well served. ValmoDtlMieroOect bas provided structures that have performed weD dari.ll.g the earthquakes in CaliJ'orai.. the hurricanes in the South (lAcludiDg Kugot Andrew, and Opal), and a number of tornadoes. ValmontlMi.croOect has Dever ex,erienced an in servi~e faUure of. COIDIIIQDication pole due to weather induced overloading, even though, .. iIa the eases of Hurricane Hugo aDd Hurricane Andrew, the wtud speeds may have exceeded. the desip wind speed. VahnoJJ.tlMicrotle<:t has no direot experience with monopole failures. However, from. what evidence we have seen from other vendor's experiences, I can 5tatc that it ì.s rare for a monopole to fall in a r.uii.us larger than, say, halt it's height, III1d that in most easl:S it win collapse in a small confined. area as it comes down upon itself. Page 2 of3 06/20/2000 14:13. g?27~?42X2ItL NLC 972 323 8270 v:III, ,J, I ~ ~ 0 I I . u aM NI: L. PAGE 04 ~l<U t"J..t (;1' No·0037 P.4 141003 ValmontlMicroflect's communication towers have proven,to be vetÿ' reliable prod'Ucts. In our over 40 years of engineering and fabricating thouslDds of towers and monopoles. we have not had one struçtare fail due to overloadin¡ (even in the CX~mc cases that wind speeds have exceeded design values). We USe the latest standards~ wind speed information. and sophistioated analytical too1s to 'ensure that we maintain our Wlblen:U!ilhed record for quality. As. requested. Valmont'IMicrotlect certifies that in the unlikeLy event the pole were to fail. it would faU within a radius Dot exceeding the height of the pole. r trust this letter satisfies your requests. If you have additional questions or comrnent£.. I may be roached. at (503) 315-4515. Sincerely, ~ _ n _ ~~ Adrian McJUDk.in, P.B. Communications Division, Pole Engineering Team Leader , . ,.' .. .......:~::,~. ..... '. -....I.~- ,. 0.. :.... .. ...~. ...-...-.......-..--- .. - ---........... .~. :, ':-.~';.'. , . ..... ".- -.. .....__...__.~ . " ~!~:! Page 3 of3 McDonald .. Associates, PLLC Writer's Direct Dial: (972) 745-4303 Writer's E-Mail: baldwin@landusetx.com June 16, 2000 The Honorable Charles Scoma Mayor City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76182 Re: SUP Request - 5649 Rufe Snow Dear Mayor Scoma: This firm represents Nextel Communications in their efforts to construct a wireless telecommunications network in the Dallas - Fort Worth Metroplex. In an effort to complete their wireless network, Nextel needs antennas in the vicinity of Rufe Snow Drive and Industrial Park Drive. We have filed a request for a Specific Use Permit ("SUP") to allow for a 120-foot tall monopole tower and equipment building at 5649 Rufe Snow Drive. This request is known as case PZ 2000-22 and will be considered at your June 26, 2000 meeting. The property selected for this facility is zoned 1-2 and is currently improved with an automotive glass shop. We believe that with the land uses and the zoning in the area, this is an appropriate location for a wireless communication tower. As you can see from the attached site plan, Nextel would like permission to construct a 120-foot tall monopole tower and the necessary equipment shelter. As demonstrated on the site plan, this tower is designed to accommodate at least four (4) sets of wireless telecommunication antennas and a couple of microwave dishes. Nextel has leased enough ground area to accommodate the equipment necessary for these other service providers. Nextel proposes to locate their antennas at the 100-foot level on this tower. We are requesting 120-feet at this time is to ease the approval process for other service providers in the future. Nextel is in active negotiations with several wireless telecommunication service providers at this time in an effort to have this facility as a collocation facility prior to the commencement of construction. The nearest monopole tower is approximately 1,700 feet to the south, which is located outside of the geographic area that meets Nextel's engineering requirements. This tower is approximately 65-feet in height and currently has two (2) sets of antennas. This tower does not offer Nextel the height necessary to provide the required level of service to their customers as required by the Telecommunications Act of 1996. In addition, due to the very limited land area at this site, this tower is not a candidate for a "drop and swap" where one tower is replaced with a taller tower. This tower is located at a day care center and the 270 N. Denton Tap, Suite100 .. Cappell, Texas 75019 .. Phone 972-745-4300 .. Fax 972-745-4222 Mayor Scoma June 16, 2000 Page 2 switching equipment is located inside the building. There is no room in the building or on the property hosting the tower to accommodate new service providers at this site. Nextel's equipment requires a shelter that is 10' x 20' and 10.4 feet in height. The size of Nextel's equipment shelter is mandated by the equipment needed to operate Nextel's type of wireless telecommunications service. This shelter size is approximately 80 square feet smaller than the size of AT&T's equipment shelters and about the same size as Southwestern Bell's shelters. Please rest assured that this site was not selected arbitrarily. The need for new antennas is generally determined by subscribers who complain that they are having trouble placing calls or having calls dropped in a particular area. Radio frequency engineers then perform computerized calculations to determine where new antennas are needed in order to cover.. the area where customers are having difficulties. It is important that the new antennas are located in a geographic area that will allow them to communicate with the other antennas in Nextel's network. The computer program takes these factors into account and issues a "search ring" which shows on a map where the site has to be located in order to meet the locational criteria. A copy of the search ring for this site is attached to this letter. As you can see, the proposed tower is located in the search ring. Once the search rings are issued, I work with Nextel's property specialists to find a suitable location for the antennas. Nextel always tries to locate their antennas on existing structures whenever possible. When there are no structures available, Nextel has a policy of building towers that are designed to accommodate several sets of wireless antennas and they lease enough area for the needed equipment as well. If a new tower is required, we strive to locate it in either a heavy commercial or industrial area and as far away from residential structures as possible. In this case, we are located in an industrial zoning district and we are separated from the nearest residential area by a line of tall TXU electrical transmission lines. These towers appear to be the approximate height of the tower we are proposing for this site. Thank you for your assistance with this matter. I will be pleased to speak or meet with you at your convenience to discuss this request in greater detail. Please let me know if I can provide you with any additional information to assist you in your evaluation of this request. Very truly yours, ~1B~ Land Planner \ I',. '.. .~'\ '.~ ~~, ,¡, ·...b :." \_.""'<;;~ .-'J .. "".. I.. Search Ring Legend Dë:ši~jg~,ramet'èis -- -- '~........._~ Site Name N. Richland Hills Latitude 32-51-08 N Site Number TX0442 Longitude 97-14-29 W Market Dallas Ground Elevation 634ft. County Tarrant Radiation Center 100 ft. Vp.rsion 1 Map Scale/Name 1 :24K/Hurst .Le 11/19/99 Engineer Chris Makris Coverage Objectives: 1) Capacity off load for Site TX0111 Watauga. Provide In-Car Portable (ICP) coverage along US 377 and 820. NOTICE OF PUBLIC HEARING FOR THE CITY COUNCIL NORTH RICH LAND HILLS, TEXAS PZ 2000-22 - MCDONALD ASSOCIATES Notice is hereby given to all interested persons that the City Council will conduct a public hearing on Monday evening June 26,2000, at 7:30 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas, to consider the request of McDonald Associates for a Special Use Permit to allow a 120' Communications Tower with Equipment Shelter on Lot 3R, Block 7, Industrial Park Addition. The property is zoned 12 Industriarand is lacated at 5649 Ruge Snow Drive. All interested parties will be given an opportunity to appear and express their views. Please contact the Planning Department concerning any questions, at 7301 Northeast Loop 820, North Richland Hills, Texas, 76180, (817) 427-6300. M:\News Notices\CC News Notice\CCNN 6-26-00.doc 2 NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2000-22 MCDONALD ASSOCIATES Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. Purpose of Reauest: The public' hearing is to consider the request of McDonald Associates for a Special Use Permit to allow a 120' Communications Tower with Equipment Shelter on Lot 3R, Block 7, Industrial Park Addition. The property is zoned 12-lndustrial and is located at 5649 Rufe Snow Drive. Hearing Procedure: Time: MONDAY, JUNE 26, 2000 7:30 P.M. When: What: PUBLIC HEARING - CITY COUNCIL Location: PUBLIC HEARING - CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Staff Presentation Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present. M:\Property Owner Notification\PZ\PZ 2000-22 -MCDONALD ASSOCIATES.doc Case #: PZ 2000-22 MCDONALD ASSOCIATES The following property owners are listed in the 1999 Tarrant Appraisal District tax rolls. They fall within 200 feet of the subject tract and have been notified. 5636 Rufe Snow Drive Holiday West Addition Block 35 Lot 3 Industrial Park Blvd. Industrial Park Addition Block 7, Lot lRl 5651 Rufe Snow Drive Industrial park Addition Block 7, Lot 2R 5649 Rufe Snow Drive Industrial Park Addition Block 7, Lot 3Rl 5647 Rufe Snow Drive Industrial Park Addition Block 7, Lot 3R2 5643 Rufe Snow Drive Industrial Park Addition Block 7, Lot 4 5631 Rufe Snow Drive Industrial Park Addition Block 7, Lot 4 6646 Industrial Park Blvd Industrial Park Addition Block 5, Lot lR 5749 Rufe Snow Drive Industrial Park Addition Block 5, Lot 4R Mountainprize Inc. PO Box 105035 Atlanta, GA 30348 Irving M Groves 5008 Victor Street Dallas, TX 75214 Kentucky Fried Chicken PO Box 970 Wichita, KS 67201 HSM/G&E Realty Income Fund 1100 Providence Towers W 4903 Cape Coral Drive Dallas, TX 75287 Irving M Groves III 4809 Cole Avenue #LB 123 Dallas, TX 75205 Stephen J. Appleton Attn: John S Appleton Custodian 6801 Snider Plaza Suite 220 Dallas, TX 75205 Rader Partners PO Box 612868 Dallas, TX 75261 Harlingen Investors 11 6646 Industrial Park North Richland Hills, TX 76180 Rufe Snow N*(Retumed Letter - Not Deliverable) PO Box 17047 Fort Worth, TX 76102 M:\Property Owner Notification\PZ\PZ 2000-22 -MCDONALD ASSOCIA TES.doc 6625 Industrial Park Blvd Industrial Park Addition Block 2, Lot 1 5700 Rufe Snow Drive NRH Industrial Park Addition Lot 3A 5710 Rufe Snow Drive NRH Industrial Park Addition Lot 3B 5750 Rufe Snow Drive NRH Industrial Park Addition Lot 1 & 2A Tecnol Orthopedic Pro Inc. 7201 Industrial Park Blvd Fort Worth, TX 76180 Texas Tierra III L TD 330 N. A Street Suite 220 Midland, TX 79705 Texas Tierra I, L TD Artn: Janis Baucom 5030 E University Blvd. #106 Odessa, TX 79762 Sherrill Carlson 507 Woodland Trail Keller, TX 76248 M:\Property Owner Notification\PZ\PZ 2000-22 -MCDONALD ASSOCIA TES.doc NRH APPLICATION FOR A SPECIAL USE PERMIT City of North Rlchland Hills 7301 NE Loop 820 North Richland Hills, Texas 817-581-5500 (PI_ pnnt or type aU raspon_) PART 1. APPLICANT INFORMATION ame of applicant / agent" McDonald Associates Sueetaddressofapplicant/agent 270 NIl. Denton Tap #100 City / State / Zip Code of applicant / agent Te/ephonenumberofapp/~nt/agent Cop pel I , TX 75019 972/745-4303 PART 2. PROPERTY OWNER INFORMATION Name of property owner: . Leaf River Development Corp Street address of property owner: p 0 Box 2043 City / State / Zip Code of property owner: Telephone number of property owner: Vernon, TX 76385 940/552-9999 Note: Attach letter or affidavIt from property owner If different from applicant / agent: Surveyor map attached as required by application: Affidavit attached from property owner if applicant is not owner: : - , i xi Yes ¡: I --X....: Yes No No - PART 3. DESCRIPTION OF REQUEST Current zoning classification: Proposed use of the property: I "":-2 Communications tower and equipment shelter ~< < ...cnbe the nature of the proposed activity and any particular characteristics related to the use of the property: Nextel would like to construct a 120-foot tall monopole tower and necessary equipment shelter in order to provide wireless communication services to their customeiES in North Richland Hills. Attach site plan which conforms with requirements Included in this packet Attach affidavit from property owner if applicant is not owner: - :-¡ No . XI Yes - x: Yes . - UNO - . I hereby certify that I am, or represent, the legal owner of the property 03/27/00 described above and do hereby submit this request for approval of a Date: Special us.~. ","nnm. ond ZMm. Com_ for "",,,,,,",,,,,, Pnnt NameRobert Baldwin Signature: ~ ~ ~ - // PART 4. FOR OFFICE USE ONLY r Date of Planning & Zomng CommIssion Public Heanng: Taxes Paid? C7~ il Yes : I No co- ;;;;J2 '---' Date of City Council Public Heanng: Liens Paid? Fee: Y~O§Ç ! ¡ Yes ¡ ! No Special Use Permit Approved: Assessments Paid? $3&8.98 - - r- : No pQ: J Yes No . ! Yes ; - - L--..; Conditions of Approval: This application will not be scheduled for public hearing until application fee is received. Special Use Permit CD - 414 (2196) 6. PZ 2000-22 PUBLIC HEARING TO CONSIDER THE REQUEST OF MCDONALD ASSOCIATES FOR A SPECIAL USE PERMIT TO ALLOW A 120 FOOT MONOPOLE COMMUNICATIONS TOWER WITH AN EQUIPMENT SHELTER BUILDING ON PROPERTY ZONED 1-2 MEDIUM INDUSTRIAL DISTRICT. THE PROPERTY IS LOCATED ON LOT 3R, BLOCK 7, INDUSTRIAL PARK ADDITION AND ADDRESSED AS 5649 RUFE SNOW DRIVE. Mr. Rob Baldwin of McDonald Associates has submitted a special use permit to allow a 120 foot monopole communications tower for Nextel Communications on property zoned 1-2, Medium Industrial. The property located 5649 Rufe Snow Drive is partially developed with Harmon Glass. The applicant is proposing to locate the tower at the rear of the property. The applicant proposes to lease an area 95' by 44' to be enclosed by an a-foot high masonry wall. Initially, the tower will have a maximum height of 100 feet and will be increased to 120 feet in the future to allow for two antennas above and below the Nextel" antennas. Concerns were expressed over the lack of documentation that the other owners of neighboring towers would not share usage with Nextel Commutations. Steven Kelley (Contruction Engineer for Nextel) also spoke. Mr. Groves, neighboring property owner spoke against building the tower because the resale value it would have on his property. The Chair entertained a motion. Mr. Nehring moved for approval. Mr. Welch seconded. The motion did not pass. Those voting in favor of the request were Chairman Bowen, Mr. Nehring, and Mr. Welch. Those voting in opposition were, Mr. Lueck, Mr. Davis, Mr. Blue, and Mr. Laubacher. P & Z Minutes May 11, 2000 ORDINANCE NO. 2486 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER IN A 1-2 INDUSTRIAL ZONING DISTRICT; 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 2000-22, a Special Use Permit be hereby authorized for a telecommunications tower on property platted as Lot 3R, Block 7, Industrial Park Addition in a district zoned "12" Industrial. 2. THAT, 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. Ordinance No, 2486 Page 1 of 2 4. 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. PASSED AND APPROVED BY THE CITY COUNCIL THIS 26th DAY OF JUNE, 2000. Charles Scoma, Mayor City of North Rich/and Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2486 Page 2 of 2 ;. ,. '.._._.'.- '.'- .._~...._.__. ..., ---.. '--'-- ~- .,.,.__._~_.__ ___~ .H..._. .~'.,..' . CITY OF NORTH RICH LAND HILLS DeDartment: Plannina & Inspections Department Council Meeting Date: 06/26/00 Subject: Public Hearina to Consider the Reauest of Shady Grove Agenda Number: PZ 2000-25 Baptist Church (Vernon and Evelyn Jackson), represented by Innovative Construction, for a Zoning Change at 6649 Precinct Line Rd. (being Tract 3C1 and 3C2 out of the Tandy K. Martin Survey, Abstract 1055), from AG Agricultural to R2 Single Family Residential. Ordinance Number 2487 CASE SUMMARY The Shady Grove Baptist Church (Vernon and Evelyn Jackson) have authorized Innovative Construction to request this rezoning of the property in question. This request is to rezone 4.60 acres of land from AG Agricultural to R2 Single Family Residential for the development of a Church facility on the property. The property is located at 6649 Precinct Line Rd. and is just South of Glenhaven Court (directly across from Springhill Road in Hurst). . .-' "- Currently, Mr. and Mrs. Jackson use the property as their home. The Shady Grove Baptist Church is considering purchase of the property for future use as a church. However they are awaiting the approval of the rezoning before they purchase the lot. If approved, the Church would then submit a preliminary plat and a final plat before it is developed. One reason for the request to R2 Single Family Residential rather than a U Schools, Churches and Institutional District zoning is that the masonry requirements are different. In the R2 district, the masonry requirement is 75 %; in the U it is 100%. However, recent changes in the Landscaping regulations will require the church facility to meet the same landscaping standards as other commercial facilities. If this request is approved for the basic zoning to R2 Single Family, the Shady Grove Baptist Church will also be required to get site plan approval because they are considered a business within 200 feet of residential property. Source of Funds: Bonds (GO/Rev.) Operating Budget _ '\ Other qJ -.-Joe~ Department Head Signature Finance Review Account Number Sufficient Funds Available '-- Finance Director .... L:\Cases\PZ Cases\Cover Sheet CC.doc Page 1 of 1 , ',-- '-I .:- A ' .-.-..-.--------.........- - -<--._-""...._. CITY OF NORTH RICHLAND HILLS Surrounding Future Land Uses The request for R2 is in conformance with the projected land uses outlined in the current Comprehensive Plan, however the recent update projects office uses for the tract in question. North: South: East: West: Future Land Use Low Density Residential Commercial City of Hurst Low Density Residential This rezoning request is in conformance with the current Comprehensive Land Use Plan. RECOMMENDA TION: The Planning and Zoning Commission met on Thursday, June 8,2000 and voted 5-0 to recommend approval of PZ 2000-25. .. .. ., - .~ If City Council wishes to approve this request, staff would recommend the following motion. Approval of PZ 2000-25 from Agricultural to R2 Single Family and Ordinance 2487 with the understanding that if a church locates on this property a site plan would have to be approved by City Council prior to building construction. CITY COUNCIL ACTION ITEM Document6 Page 2 of 2 l-f····.·.···.·..·.·.·.····.·.:.-................................ .-" : _.-.... . . '" . . .. '. ... .14':. 34· 311 3f · . . . . . . . . ~ . . . . · . . . . . .' . .' . .' . . 0' . . . " . . . .-. . -. . . . . . .-" . . . . . .. · . . . . . . . . ..,. . . .. . . .. · . . o' .. . . . . .-... . . . . . . · ~ . . . . . . . · .. . . W·_' . . O' . . . . . . . . · ". . .. . . . '" 7· . . . . . . . . . · . . . . . . . R · .-. . .. . . . · . . . . . - . . · . " . .. . . . .. . . . . . . . . · . . . . . . . .. . . .. . . . . . · . . . . . . . · . . . . . . . . · . . . . . . . · . . . . . . . . · . . . . . . . .' . " . . . . . . '- . . . .. . . . · . , .. .' . . . . · 0- . . 0" . . . · . . . . ,-. . . · . . . . . . ,- . . . . . . . . . . . . . .',. . . . . . . . . . .. . . .. . ~ ! : ¡ ~ < ~ ~ ~ ~ ~ ; .;: ) ~ ~ t> >; \ ~ ; :~ : ~.:. >: :- 1R.AE 11 C-1 ¡ ~ii ~ .Ii IIC '@ ~ 'IIU 5 a ~ g; rr .0, ..~ '~' > 1:1 12 lRAO· NRH PZ 2000-25 Zoning Request Shown with 200 ft buffer around Tracts 3C1 & 3C2 Prepared for: Pllnling & Zoning Prepared by: Infam8tIon Services - GIS DIv. GIS Job No: 0169 AV: PZ 2000-25 May 24,2000 200 I o 200 Feet I NOTICE OF PUBLIC HEARING FOR THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS Notice is hereby given to all interested persons that the City Council of the City of North Richland Hills, Texas will conduct a public hearing on Monday, June 26,2000 at 7:00 P.M. in the City Council Chambers, 7301 Northeast Loop 820, North Richland Hills, Texas, to consider the following request: PZ 2000·25 - SHADY GROVE BAPTIST CHURCH Public hearing to consider the request of Shady Grove Baptist Church (Vernon and Evelyn Jackson), represented by Innovative Construction, for a Zoning Change at 6649 Precinct Line Rd. (being Tract 3C1 and 3C2 out of the Tandy K. Martin Survey, Abstract 1055), from AG Agricultural to R2 Single Family Residential. All interested parties will be given an opportunity to appear and be heard and express their views. Please contact the Planning Department concerning any questions, at 7301 Northeast Loop 820, North Richland Hills, Texas, 76180, (817) 427-6300. L:\News Notices\PZ News Notice\PZNN 06-26-00.doc 2 NOTICE OF PUBLIC HEARING OF THE NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2000-25 Shady Grove Baptist Church (Vernon & Evelyn Jackson) 6649 Precinct Line Rd. Rezoning from AG Agricultural to R2 Single Family Residential Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. You are invited to attend the Public Hearing to voice your support or opposition to the request. If you are unable to come to the meeting, you may forward any petitions or letters to: Planning Department City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Purpose of Reauest: PZ 2000-25 Public hearing to consider the request of the Shady Grove Baptist Church (Vernon and Evelyn Jackson), represented by Innovative Construction, for a Zoning Change at 6649 Precinct Line Rd. (being Tract 3C1 and 3C2 out of the Tandy K. Martin Survey, Abstract 1055), from AG Agricultural to R2 Single Family Residential. Hearina Procedure: When: MONDAY, JUNE 26, 2000 7:00 P.M. PUBLIC HEARING - CITY COUNCIL PUBLIC HEARING - CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: What: Location: Staff Presentation Applicant and Other Speakers' Presentation Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry Questions from City Council for Applicants, City Staff and Guests Present. L:\P&V.Cases\2000\Pz2000-25Exp.doc ~ ." ---- '"'~"'-~."'.,---""<--~"--'--~---- CASE #: PZ 2000-25 6649 Precinct line Rd Vernon and Evelyn Jackson The following property owners are listed in the 1999 Tarrant Appraisal District tax rolls. They fall with in 200 feet of the subject tract and have been notified. American Equities Fin Corp 600 E Carpenter Fwy Ste 301 Irving, TX 75062-3966 Hirrlinger, Jack 9212 Glenhaven Ft. Worth, TX 76180 NRH Precinct Line JV 841 Chaparral Ct Bedford, TX 76022 Macdonald, Winona 9216 Glenhaven Ft Worth, TX 76180 Region, Earl D and Oleta Lucille 7200 Evergreen Rd Fort Worth, TX 76118-5131 Echeverria, Teri 9220 Glenhaven Ft Worth, TX 76180 Summer Homes Inc 2404 Texas Dr Ste 103 Irving TX 75062-7011 Welling, James 9224 Glenhaven Ft Worth, TX 76180 Mccutcheon, Kay L 9225 Glenhaven Ct Fort Worth TX 75062-7011 Bhatti, Mohammed 9228 Glenhaven Ft. Worth, TX 76180 Allred, Ronnie 9209 Glenhaven Ct Fort Worth TX 76180-4365 Jackson, Vernon 6649 Precint Line Ft Worth, TX 76180 H Mitchell Enterprises 9224 Glenhaven Dr Fort Worth TX 76180-4365 Treats Investment 604 E 4th St 200 Ft Worth, TX 76102 Edwards, William 9209 Glenhaven Ct Fort Worth, TX 76180-4365 Merkle, Charles 844 Edgehill Hurst, TX 76053 Younkin, John Eric 9201 Glenhaven Ct Ft Worth, TX 76180 Nielson, Henry 9037 Valleyview Dr Fort Worth, TX 76180 Kolban, Neil and Stephanie 9200 Glenahven Ct Ft Worth, TX 76180 Edmonds, Jack 9208 Glenhaven Ft Worth, TX 76180 Corso, Lawrence 9204 Glenhaven Ct Ft. Worth, TX 76180 /" NRH (PIeue print or type.ø FUpOrwa) o APPLICATION FOR A CJ ZONING DISTRICT CHANGE City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 817-581-5500 PART 1. APPLICANT INFORMATION Name of applicant / agent: I t.J~oV~ T IVIii: ~alokJ StntetaddntssofappHcant/agent 2904- OAk RIDGE t:::i?IUE City / State / Zip Code of appHcant / agent Telephone number of applicant / agent FLcwëR r1100kJD , 1ëXA'S ïS.O"Z.:7.. (~72. \ S Z'3 - 4.1 "Z. "3 PART 2. PROPERTY INFORMATION Stntet addntss at location whent zoning district change is being ntquested: ~~4q PREc.llú c.. T Lt,UE RoA I::) . NORTH 1( Lr{ Ll\U b UILL5 , TEXAS 7~ 18ð Legal Description of Property whent zoning district change is being ntquested: -SEE ~c..HED LEG~L bËSCRIPT'lòU Current zoning classification: Proposed zoning classification: ProPOSed use of the property: AG (AGRIC,uLTURRL \ R2. (~lfJGLE FA1rJIL'r') 10 'BE Œ\I£LoPE.Q AS A ŒlJRc. H C2:KJf)¡LJ J rt"( CSHAt:ù' GROJE BRpíl'Sí cHURe..H \ Reason for zoning district change: C HLJ R<:::'~"'S. ~O,.' AtJ..l)\usl::l UJ...JœR. ~G 'lON l.u~ - "'Sð PRoPERT'f" To Be HE ~JJeD 10 R2Ta ALlAIN FoR. Cl:us.TRuc::.:nbU OF' R NE\U SrlADY LSRZiJE. BAPTI~'" ~HlJR~ F1Jð Llï"f . Surveyor map attached as ntquired by appHcation: ~ attached from property owner if applicant is not owner: L.E'I'tER.: ~ Ves [JNO !Xl Ves 0 No "'JART 3. PROPERTY OWNER INFORMATION .......me of property owner: VEF-kIbù )oJ. ~ ëV£L. Yt..JP,:! Rc.k:CSo I\.l Street address of property owner: G;~ 4-~ Pl<t C.1Nc..T U t..JE RaF\D City / State / Zip Code of property owner: Te~Phonenumberofpropertyowner: NORTH ~kHLA~D HILL -:, , TEXRS ì¿.18 è (811) '581 -~1Ql Note: Attach letter or affidavit from property owner if diffentnt from applicant / agent: OS eë. Rrr ß::.Weo L.1!'I'TE1Z.. I hentby certify that I am, or ntpntsent, the legal owner of the property ~/r~ described above and do hentby submit this request for approval of a Date: Z"7;'~o~=kxcon~- Print Name: ~~'e:RT ~0\<S1 k.. ~aW . .~. '< 1.:.- PART 4. FOR OFFICE USE ONLY Date of Planning & Zoning Commission Public Heanng: Taxes Paid? Case Number: DVes DNO Date of City Council Public Hearing: Fee: Dves DNO Zoning District Change Approved: $300.00 DVes' DNO o Ves DNO ( lions of Approval: This application will not be - scheduled for public hearing until application fee is received. Zoning District Change CD - 407 (2197) h_--ß1_7.'f:-=-.... o o PZ-2000-25 PUBLIC HEARING TO CONSIDER THE REQUEST OF VERNON AND EVEYLN JACKSON, REPRESENTED BY IINNOV A TIVE CONSTRUCTION, FOR A ZONING CHANGE AT 6649 PRECINCT LINE RD. (BEING TRACT 3C1 AND 3C2 OUT OF THE TANDY K. MARTIN SURVEY, ABSTRACT 1055), FROM AG AGRICULTURAL TO R2 SINGLE FAMilY RESIDENTIAL. APPROVED Mr. Robert Remsik of Innovative Construction came forward and addressed the commission. Mr. Remsik explained that the owner was seeking the R2 zoning designation for future construction of a church on the property. It was his understanding that the Master Plan called for a low-density residential zoning at the site. Mr. Remsik discussed the request for the R2 zoning over the U Schools, Churches, and Institutional zoning district. Ms. Barbara Brown of the Shady Grove Baptist Church came forward and address'èd the Commission's concern about the operation of a Day Care at the location. The Commission explained that the R2 zoning would not allow the day care. Ms. Brown explained that the operation of a day care was not planned at this time. The landscaping and screening of the tract was discussed. There were no other speakers for or against the request. The Chair closed the public hearing and entertained a motion. Mr. Davis moved for approval of the request with the understanding that site plan review by the Commission and Council will be required before any permits are issued. A site plan is required because the property falls within 200 feet of residential property. Mr. Laubacher seconded. The motion passed unanimously (5-0). 5. CITIZEN COMMENTS There were none. 6. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:24 p.m. Page 2 6/8/2000 P & Z Minutes ORDINANCE NO. 2487 AN ORDINANCE REZONING TRACT 3C1 and 3C2 TANDY K. MARTIN SURVEY ABSTRACT 1055, FROM AG AGRICULTURAL TO R2 SINGLE FAMILY RESIDENTIAL IN ACCORDANCE WITH ARTICLE 2 , SECTION 200, OF THE CITY OF NORTH RICHLAND HILLS ZONING ORDINANCE; 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 Zoning Ordinance 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. THA T, in Case Number PZ 2000-25, the following described tract as shown on Exhibit "An shall be rezoned: A tract of land known as Tracts 3C1 and 3C2 out of the Tandy K. Martin Survey Abstract 1055, Tarrant County, Texas, is hereby changed from AG-Agricultural to R2- Single Family Residential. 2. THA T, 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 incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 2487 Page I of2 - -_.~~--_._-- ^'---._.. -----~"--~_._."'-._-'.'- .---.-------.. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 26 DAY OF JUNE 2000. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Development Director APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance - 2487 Page 2 of2 _._"__O,~~_.~~..____.... LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF TARRANT WHEREAS VERNON AND £VEL YN P. JACKSON are the sole . 'owners of that certain tract or parcel of land containing 4.60 aëres situated in the T.K. Martin Survey, Abstract No. 1055 of Tarrant County, Texas. same being all of that 4.60 acres tract of land conveyed to Vernon and Evelyn P. Jackson by deed recorded in Volume 11586, Page 711, Deed Record Tarrant County, Texas, and being more particular! y described as follows: BEGINNING at a 1/2 inch iron rod found at the Southeast corner of Nab Hill Addition for the Southwest corner of this 4.60 acres being described; -. ~ TI-iENCE N 00 deg. 04 min. 19 sec. E, with the East line at Nob Hill Addition, a distance of 315.41 feet to a 1/2 inch iron rod set at a corner of the said Nab Hill Adélitiòn and the Southwest corner of the Southridge Estates Addition for the Northwest corner of this 4.60 acres being described: TI-iENCE n 89 deg. 4.2 min. 24 sec. E, with the South line of Southridge Estates Addition, a distance of 539.66 feet to a 1/2 inch iron rod set in the West line of Precinc: line R'Jad located at the Southeast corner of Southridge Estates Addition for the Northeast corner of this 4./30 acres being decsribed; THENCE S 01 deg. 05 min. 44 sec. W, with the west line of Precinct Line R:::>ad, a distance of 143.83 feet to a 1/2 inch iron rod set for a corner of this 4.60 acres being described: THENCE S 02 deg. 59 min. 59 sec. W, with the West line of Precinct Line R:::>ad, 'J distance of 171.98 feet to J 1/2 inch iron rod set at the Northeast corner of Nab Hill Centr:!' ,~ddition for the Southeast corner of this 4.60 acre being described: THENCE S 89 deg. 42 min. 51 sec. W, with the North line of Nob Hill Centre' Addition passing a 5/8 inch iron rod found on line at a distance of 200.01 feet. continuing with said line pass (mother 5/8 inch iron rod found on line at J distance of 360.47 feet and continuing a total distance of 628.30 feet to the PLACE OF BEGINNING and containing within these metes and bounds 200,397 square feet or 4.60 acres I:>f land. Information & Reports June 26, 2000 1. Announcements Tuesday, July 4 - Independence Day ~ City Offices Closed ~ Garbage will be collected Tuesday, July 4 ~ Northeast Family Fourth, Tarrant County College 6:00 p.m. - 9:45 p.m. 2. 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