HomeMy WebLinkAboutCC 2000-10-09 Agendas
CITY OF NORTH RICH LAND HILLS
PRE-COUNCIL AGENDA
OCTOBER 9, 2000 - 5:55 PM
For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301
Northeast Loop 820.
NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Regular October 9, 2000 City Council
Meeting (5 Minutes)
2. IR 2000-129 Participation in the Texas Transportation Plan (10 Minutes)
3. IR 2000-127 Discuss Revision of Road Hump Policy (10 Minutes)
4. IR 2000-128 Consideration of Limiting Hours for Distribution of Written
Announcements on Private Property (5 Minutes)
5. IR 2000-130 Review Escrow Policy for North Tarrant Parkway (10
Minutes)
6. *Executive Session - The Council may enter into closed
Executive Session to discuss the following: (15 Minutes)
1. Consultation with Attorney as Authorized Government
Code §551.071
a. Risheg v. NRH
b. Livergood v. NRH
c. Gonzalez v. NRH
7. Adjournment - 6:50 pm
*Closed due to subject matter as provide by the Open Meetings Law. If any action is contemplated,
it will be taken in open session
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City Council Agenda
October 9, 2000
Page 1 of 6
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By Df.-(~-·',11l;.":
CITY OF NORTH RICH LAND HILLS
CITY COUNCIL AGENDA
OCTOBER 9, 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 -
3. Pledge of Allegiance -
4. Special Presentations
1. Presentation of Fire Prevention Week
Proclamation to Fire Chief Andy Jones and
Fire Marshal Mike Duncan, North Richland
Hills Fire Department
2. Presentation of Breast Cancer Awareness
Proclamation to Ms. Donna Crawford,
representina American Cancer Society
5. Removal of Item(s) from the Consent Agenda
City Council Agenda
October 9, 2000
Page 20f 6
NUMBER ITEM ACTION TAKEN
6. Consent Agenda Item(s)
a. Approval of Pre Council Minutes
September 25, 2000
b. Approval of City Council Minutes
September 25, 2000
GN 2000-113 c. Set Date for Local Law Enforcement
Block Grant Public Hearing
GN 2000-114 d. Amending Authorized Representative
List for Texpool - Resolution No. 2000-
75
GN 2000-115 e. Authorizing Signatures for Pledgee
Signature Authorization Form -
Resolution No. 2000-76
GN 2000-116 f. Authorize I nvestment Officers -
Resolution No. 2000-77
PU 2000-044 g. Award Annual Contract for Printers to
SDF Professional Computers -
Resolution No. 2000-073
PU 2000-045 h. Authorize Contract Extension to
Specialty Underwriters for Electronic
Equipment Maintenance - Resolution
No. 2000-74
PW 2000-029 i. Vacate a Sanitary Sewer Easement
located in Town Center - L.C. Walker
Survey, Abstract No. 1652 - Ordinance
No. 2520
City Council Agenda
October 9, 2000
Page 30f 6
NUMBER ITEM ACTION TAKEN
6. (continued) Consent Agenda (Continued)
PW 2000-030 j. Vacate Three Permanent Drainage
Easements located in Town Center,
L.C. Walker Survey, Abstract No. 1652
and J. Barlough Survey, Abstract 130 -
Ordinance No. 2519
PAY 2000-05 k. Approve Final Pay Estimate No. 7 in the
Amount of $43,360.09 to Walt Williams
Construction, Inc. for Blaney Avenue
PavinQ Improvement
7. PS 2000-37 Motion to Reconsider the Request of Joe
Wade for a Replat of Lot 1 R, Eaton Addition
(This 1.5641 Acre Tract is Located at the
Southwest Corner of Harmonson Road and
Rufe Snow Drive)
8. PS 2000-28 Consider Replat of Lots 1 RA & 3R2A, Block 7,
Industrial Park Addition as requested by Irving
M. Groves, III, represented by Shemwell-
Carter Restaurants (Sonic). This 2.31 Acre
Tract is Located at 5647 Rufe Snow Drive.
9. PS 2000-43 Consider Final Plat of Lot 1, Block 1, Tapp II
Addition as requested by Zone Systems, Inc.,
(This 21.33 Acre Tract Located at 5201 Rufe
Snow Drive)
10. PZ 2000-39 Consider Site Plan Approval for NET Church
Located at 8203 Starnes, being Lot 11, Block
6, Crestwood Estates
City Council Agenda
October 9, 2000
Page 40f 6
I NUMBER I ITEM I ACTION TAKEN I
11. PZ 2000-23 Public Hearing to Consider the Request of
QuikTrip Corporation, Represented by
McDonald & Associates, for a Special Use
Permit for a Convenience Store with Gas
Sales within 200 feet of Residential Property at
5600 Davis, being Tract 17 J out of the W. W.
Wallace Survey, Abstract 1606. Request by
applicant to continue to October 23, 2000
City Council Meeting.
12. PZ 2000-20 Special Public Hearing to Consider the
Request of Winkelmann & Associates for a
Zoning Change on 17.380 acres from R1
Single Family and C1 Commercial to PD-
Planned Development for Home Depot, a
Home Improvement Center with Outdoor Sales
and Display. (The property is Located at the
Northwest Corner of Precinct Line Road and
Mid-Cities Boulevard in the 9100 Block of Mid
Cities Boulevard) - Ordinance No. 2521
13. GN2000-117 Consideration of Joining the City of Denton vs.
TXU Electric and Gas Litigation - Resolution
No. 2000-080
14. GN2000-118 Approval of New Committee Members to the
Youth Advisory Committee and Removal of
Committee Members for Non-attendance
15. GN 2000-119 Resolution Supporting the Dallas 2012 Bid
Committee in its Efforts to Secure the 2012
Olympic Games for the Dallas/Ft. Worth
Region - Resolution No. 2000-078
16. a) Citizens Presentation
b) Information and Reports
City Council Agenda
October 9, 2000
Page 50f 6
NUMBER ITEM ACTION TAKEN
17. Adjournment
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City Council Agenda
October 9, 2000
Page 60f 6
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
~ Date:
T Subject:
October 9, 2000
Texas Transportation Plan
No.
IR 00-129
We recently sent you an Informal Report, IR 00-119, on the Texas, Transportation Plan
dated September 25,2000. The previous report mentionedthaHheTexas Department
of Transportation (TxDOT) was having a public meeting in Arlington on October 16th
from 3:00 p.m. to 8:00 p.m. to receive input to help them in updating the existing "Texas
Transportation Plan" (TIP). We have received some suggestions of additional subjects
to be covered in the presentation at the public meeting.
We have contacted the local District 2 office forTxDOT and have been informed the
public meeting format will be informal. The meeting roomwiflbeset up with informative
displays and a question and comment table. The comments and suggestions can be
given one-on-one orally or in writing.
Attached is a draft presentation which incorporates the four regional roadways listed on
the previous report along with other suggestions made. If the Council has further
concerns which are applicable to an overall State Transportation Plan, please notify us
as soon as possible sothoseconcems can be incorporated in the final presentation.
Attached are the proposed comments for the City of North Richland Hills to present at
"- the public meeting on October 16, 2000.
Respectfully submitted,
\.......
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS
Public Works Department
October 4,2000
Texas Transportation Plan
Public Meeting Presentation
Monday, October 16, 2000, 3:00 p.m. - 8:00 p.m.
The City of North Richland Hills is very appreciative of the Texas Department of
Transportation having these public meetings to accept input from the public throughout
the state. Being the third largest city in Tarrant County and having five highways
dissecting us, gives us a definite appreciation for a good transportation network. We
feel several of our local issues are critical to northeast Tarrant County traffic flow and
therefore critical to the metroplex and the State. The following list spells out those
issues.
1. Interstate Hiahway 820 from State Highway 26 (Grapevine Highway) west to
Interstate Highway 35W
We are concerned about the adequate funding of this project and would suggest
it needs to be expedited in order to relieve the congestion that occurs daily on
this heavily used highway.
2. State Hiahway 26 from Interstate Highway 820 north to State Highway 114
and
3. State Hiahway 26 from Interstate Highway 820 south to State Highway 10
The sooner construction funds can be found for both sections of roadways, the
quicker the capacity of these roads could increase and provide some alternatives
for traffic flow during peak use periods.
4. North Tarrant Parkway from FM 3029 west across U.S. Highway 377
This is a regional roadway for Tarrant County. Additional funding is desperately
needed for these type of regional roadways which are not a designated State
highway. They definitely provide alternative routes from traffic flow other than
across State and Federal highways.
5. Cotton belt Rail System
As you are aware, the metroplex is growing rapidly. The highways are not the
only transportation system which needs to be improved. The Regional Mobility
2020 Rail System Plan for the metroplex has many pieces. The Cotton belt
Public Meeting - Texas Transportation Plan
Page 1 of 2
Commuter Rail would definitely provide an alternative mode of transportation for
the rapidly growing northeast Tarrant County area and relieve some vehicle
pressure off the local highways.
6. TEX-21 Statewide Transportation Coalition recommendations
We are wholeheartedly in favor of the many statewide projects being
recommended by this coalition, as well as the recommended funding sources.
We would hope the Texas Transportation Plan revisions would incorporate these
projects vital to the State's future mobility.
We also want to stress that any transportation plan should incorporate safety as part of
its goals. We feel some highway speed limits may need to be reduced which could
possibly help the ozone problem in the densely populated areas of the State.
Along with the safety issues, signal maintenance is critical in keeping regional traffic
moving in a safe manner. We feel the maintenance responsibility for these highway
signals should remain with the State so it could be more uniform and timely. This
should be addressed in funding for existing and as well as new or expanded highways.
Last, we in North Richland Hills as well as northeast Tarrant County are eager to move
forward with improving the local transportation system. Any improvements which could
be made in the design, right-of-way acquisition, and construction processes to reduce
the time frame from start to finish without sacrificing safety will be critical for any
Transportation Plan's success.
Again, the Council and myself want to commend you for your willingness to listen to our
comments and suggestions.
Public Meeting - Texas Transportation Plan
Page 2 of 2
INFORMAL REPORT TO MAYOR AN D CITY COUNCIL
N IR 00-127
o.
\"--...
Á Date: October 9, 2000
t/\j"" Subject: Revision of Road Hump Policy
The existing "road hump policy" was adopted by Council in Ordinance No. 1921
(GN 94-29, 3/28/94). It was revised by Ordinance Nos. 2000 and 2027 later that year to
make some minor modifications (GN 94-98, 8/8/94 and GN 94..149, 11/28/94). The
basic ordinance was copied from the City of Dallas and presented to Council on July 26,
1993 as an Informal Report. Upon Council's request it was presented to Council as an
action item on August 9,t993. Council postponed action and requested staff install test
road humps on Emerald Hills Way and Meandering Drive.
The "after study" on Emerald Hills Way and Meandering Drive showed the road humps
had reduced the average speed and traffic count on these roadways. Subsequently, on
March 28, 1994, Council passed the "Road Hump Ordinance".
The policy was adopted during a time when the citizens on several of the City's
residential streets were becoming concerned about speeding and use of their streets as
shortcuts around school zones. The policy restricts the road humps to residenìÍal
streets to keep from impeding emergency response on collectors and arterial streets as
well as possibly damaging emergency response equipment. The request and cost are
the adjacent property owners' responsibility. Road humps are only installed on streets
"'-- which meet the traffic volume criteria of at least 500 vehicles per day and the speed
criteria of 35 mph or greater.
Since the passage of the ordinance in 1994, 22 street sections have received road
humps. Road humps on Cummings and Turner Drive, just off Blaney Avenue were
installed on April 27,2000 and January 13, 2000, respectively.
Councilwoman Johnson has recently become concerned as to the use of the road
humps. She feels the humps are too drastic and cannot be traversed by large vehicles
at 20 mph, which is the recommended speed limit for road humps. Councilwoman
Johnson has asked staff to bring this forward to Council for possible revision to the
policy.
Respectively submitted,
GWD/smm
.,,-
ISSUED BY THE CITY MANAGER
NORTH RICH LAND HilLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 00-128
'---
*
Date: October 4, 2000
Subject: Consideration for limiting hours for distribution of written announcements
on private property
Councilman Tolbert asked staff to look at the possibility of limiting the hours of
distribution of handbills and advertisements on private property. There have been
recent complaints of citizens being startled by persons placing door hanger
advertisements at 4:30 a.m at private residences. Most cities do not have specific
ordinances that restrict placement of handbills on private property. However, a simple
change in our current Public Nuisances Ordinance would allow the City to enforce
when distribution of handbills could be made on private property.
Currently Section 3(q) of the Public Nuisances Ordinance restricts the distribution of
any advertisements, circulars, handbills, printed or written announcements upon any
public right-of-way, building or grounds. If City Council wishes to consider a change
limiting hours of distribution on private property staff would recommend adding as a
public nuisance no distribution of written announcements on private property between
the hours of 8 p.m. and 7 a.m.
',,--,
A draft ordinance is provided for your information. The Public Nuisances Ordinance
is enforceable by the Police Chief, Code Enforcement Officer or Health Officer or their
designated representatives. The Police Department, Health Department and Code
Enforcement Office have been notified of this proposed ordinance revision.
Staff requests Council direction whether to pursue this ordinance revision.
Sin3:2~
John Pitstick
Development Director
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
_______~.~_o____________·_._·._____··~""'_'___'__·""'·"·_·___..- , ,.
ORDINANCE NO. XXXX
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HillS, TEXAS,
AMENDING THE PUBLIC NUISANCES ORDINANCE OF THE CITY OF
NORTH RICH LAND HillS, TO AMEND SECTION 3(q) SPECIFIC
NUISANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined the need to amend the Public
Nuisances Ordinance Section 3(q) Specific Nuisances to limit hours for distributing
written announcements on private property; now therefore,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH
RICH LAND HillS, TEXAS:
1.
THAT, Section 3(q). Specific Nuisances of the Public Nuisances Ordinance, and
all references to Section 3(q). Public Nuisances Ordinance be hereby amended as
follows:
3. Specific Nuisances. . .
U(q) The scattering or distributing of any advertisements, circulars, handbills,
printed or written announcements, upon any public right-of-way or within any
public building or on any public grounds; or upon any private property between
the hours of 8 p.m. and 7 a.m."
2.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the section, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any
such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance No. xxxx
Page 1
3.
SAVINGS CLAUSE. That the City of North Richland Hills Public Nuisances
Ordinance shall remain in full force and effect, save and except as amended by
this ordinance.
4.
EFFECTIVE DATE. This ordinance shall be in full force from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS DAY OF
OCTOBER 2000.
ATTEST:
Charles Scoma, Mayor
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 No. xxxx
Page 2
À
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. _'R 00-130_
~ Date:
T Subject:
October 9,2000
North Tarrant Parkway, Phase I
You previously received an Informal Report, IR 00-118, dated September 25, 2000
concerning collection of street escrow on North Tarrant Parkway. It explained why we
had not collected escrow in the past and recommended escrow collection in the future.
No comments have been received against this recommendation. If Council agrees with
this change in policy, we will write the adjacent property owners and inform them of the
Council's position.
Staff recently met with Glen Whitley, Precinct 3 County Commissioner, concerning the
importance of improving North Tarrant Parkway through North Richland Hills and across
north Tarrant County to IH 35W. The Commissioner stated he is committed to helping
with construction and pursuing State and Federal funds for this regional roadway. He
stated his willingness to provide labor and equipment for excavation, stabilization of
subgrade, and asphalt paving. He also stated he would be investigating his precinct's
ability to start a "concrete paving" crew. He stated he did not feel he would be ready to
dedicate his crews any sooner than late next summer.
The section of North Tarrant Parkway in our City with the greatest need of improvement
is from Precinct Line Road to a point 600 feet west of the Davis Boulevard intersection.
Attached is a timeline for proceeding with the engineering on this section of roadway.
The timeline does not include any extra time for dealing with State and Federal grant
contracts, environmental studies, and extensive reviews which accompany any grant
funds. It would appear the soonest we could be ready to begin construction and
relocation of existing utilities would be approximately September, 2001 if we started
immediately.
Major improvement projects for the two intersections at Davis Boulevard and Precinct
Line Road were submitted in the 1999 first call for TEA-21 funding. In the final ranking,
the first 62 projects were in the funding. These two projects ranked 162 and 172,
respectively. If the City pursues grant funds in the 2002 second call for TEA-21 and is
found to be in the funding, it would be 5 to 7 years before construction could begin.
The estimated cost for Phase I is $5,819,000. This is for a 6-lane divided roadway with
concrete pavement and a landscaped median. It includes major improvements to the
Precinct Line Road and Davis Boulevard intersections. Additional items included in the
estimate are irrigation, trail, pavers, berms, benches, trash receptacles, trees, shrubs,
street lighting, and engineering costs ($690,000). If grant funding is not pursued and we
utilize the County for a portion of the construction, some cost reduction could be
realized. Depending on whether the landscaping and trail are included in the initial
construction on Phase I, additional reduction in the estimated cost could be made.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
'"
'-
Staff would like to discuss with Council the possible funding sources and initiation of the
engineering process for Phase I and confirm your agreement to collect street escrow
from any adjacent property platted or replatted on North Tarrant Parkway in the future.
Respectfully submitted,
~
~
CITY OF NORTH RICHLAND HILLS, TEXAS
Public Works Department
North Tarrant Parkway, Phase I
Precinct Line Road to 600 feet west of Davis Boulevard
Completion
Task Weeks Date
1. Approve interlocal aQreement with Tarrant County. 4 11/11/2000
2. Interview and select engineering firm and agree on 5 12/24/2000
contract.
3. Approve enaineering contract. 2 1/07/2001
4. Survey Phase I area. 3 1/28/2001
5. Develop preliminary concept plans and rough cost 12 4/22/2001
estimates.
6. Meet with Parks & Recreation Department on preliminary 1 4/29/2001
concept plans.
7. Meet with Tarrant County staff to confirm concept plans 1 5/06/2001
and preliminary construction schedule.
8. Meeting with TxDOT on preliminary concept plans and 1 5/13/2001
their effects on FM 1938 and FM 3029 (Davis Boulevard
and Precinct Line Road).
9. Perform final design calculations and develop final plans 6 6/24/2001
and specifications with cost estimates.
10. Meet with City and allow City to review. 2 7/08/2001
11. Meet with State and allow local review. 2 7/22/2001
12. Meet with County and allow the County to review. 2 8/05/2001
13. Advertise and bid this portion of the project (Phase I). 5 9/09/2001
North Tarrant Parkway, Phase I
G. Dickens
10/03/00
1'1 i~H C1TV Of NORTH R1CHLAND H1LLS
l'ROCtAMAT10N
WHER£AS. Smoke ~",~ poisOJ1o\ols 5~ses ~re the 1e~~i"'5 c~\oIses of~e~th i", fires ~",~ c~",
1titl ~ persOJ1 10J15 before the t1~mes wi11: ~",~
WH£R£AS. V"'~s~"'~"'5 the power of fire ~",~ the time it ~1tCs to esc~pe ~ 110me fire p1At
peop1e ~t scvere risk to fire ~e~th ~",~ i",¡\oInt: ~",~
WH£R£AS. Dcvc1opi"'5 ~ 110me fire esc~pe p1~", ~",~ pr~ctici"'5 it ~t 1e~st twice ~ '1e~r ~re
critic~1 to esc~pi"'5 ~ fire s~fc1'1: ~",~
WH£R£AS. A comp1ete 110me esc~pe p1~", mCM~es cvcnOJ1e i", the 11O\o1se1101~ 1t",owi"'5 two
w~'1S out of e~c11 room. 11~ví"'5 ~", outtloor 10c~tiOJ1 w11ere cventOJ1e wi11 meet \oIpOJ1 exiti"'5 the
110me ~",~ memorizi"'5 the 10c~1 fire ~cp~t1»1Ct1t' s emer5Ct1c'i tc1cp11o",e ",\oImber. ~",~
WHER£AS. The Fire l'rcvCt1tio", Wec1t 2000 theme "Fire Dri11s The Gre~t £sc~pc!"
emp11Mizes the imporb",ce of ",ot 0J11'1 11~ví"'5 ~ 110me esc~pe p1~", b\olt p11'1sic~l1'1 pr~ctici"'5 it
re5\o11~r1'1: ~",~
WH£R£AS. Nf1'A the offici~1 spOJ1sor of Fire l'rcvCt1tiOJ1 Week 11M ~ocumCt1te~ ",e~rl'1 60
lives s~ve~ ~s ~ ~irect resu1t of f~milies' p~rticip~tiOJ1 i", the "The Gre~t £sc~pe" over t11e pMt two
'ie~rs: ~",~
WH£R£AS. The fire service of the Cit\. of North Ric111~",~ Hi11s is ~e~ic~te~ to the s~fet\. of
life ~",~ propef't\. from the ~cv~s~ti"'5 effects offire: ~",~
WHER£AS. The members of the fire service ~re ioi",e~ b'i other COJ1ccrne~ citizCt1S of the
Cit\. of North Ric111~",~ Hi11s ~s we11 ~s other emer5Ct1c'i service proví~ers ~",~ s~fet\. ~~oc~tes.
busi",esses. sc11001s. service c1\o1bs ~",~ or5~"'iz~tiOJ1s i", their fire s~fet\. efforts: ~",~
WHER£AS. The week of October 14. 2000 commemor~tes the Gre~t d1ic~50 Fire of 1871
w11ic11 ki11e~ more th~", 250 persOJ1s.1eft100.000 11omc1ess ~",~ ~estro'1e~ more th~", 17.400 b\oli1tñ"'5S:
~",~
WHER£AS. NFl'A 11~s successful1'i ioi",e~ North Amcric~", fire ~cp~t1»1Ct1ts e~c11 'ie~r
~uri"'5 Fire l'rcvCt1tiOJ1 Week i", ~ s11~re~ missiOJ1 of m~1d"'5 the p\olb1ic s~fer from fire.
NOW. THER£FOR£. I. d1~r1es Scom~. M~'ior of the Cit\. of North Ric111~",~ Hi11s. Tex~s
~o 11ereb'i proc1~im the week of October 14. 2000 ~s:
"TIR£ 1"R£V£NT10N W££K"
i", the Cit\. of North Ric111~",~ Hil1s ~",~ ur5e ~11 citizCt1s to p~rticip~te m fire prcvCt1tiOJ1 ~ctivíties ~t
11ome. wor1t ~",~ sc11001 ~",~ to exec\olte "The Gre~t £sc~pe" to Ct1sure their s~fCt\. ~",~ the s~fet\. of
their f~mi1ies i", the CVCt1t of ~ fire.
IN WITN£SS WH£R£OF. 111~ve 11ere\-mto set m'111~",~
~",~ c~\oIse~ the se~1 of the Cit\. of North Ric111~",~ Hil1s to
be ~ffixe~ this the 9th ~~'i of October 2000.
a,~rles Scom~. M~'ior
NI~H
C1TV Of NORTH R1CHlAND H1llS
l'ROClAMAT10N
WH£R£AS. Octob~ 2000 is N~ti(»1~1 Bre.ut C~t1C~ Aw~rrness Mot1V1: ~t1b
WH£R£AS. Octob~ 20. 2000 is N~tiot1~1 M~mm05r~ph'1 D~'1: ~t1b
WH£R£AS. ~t1 estim~teb 1S2. SOO t1~ c~ses of fe»1~le bre.ut C~t1C~ win be
bi~5t1oseb it1 2000 ~t1b 40.S00 wi11 bie from V1e bise~se: ~t1b
WH£R£AS. ~t1 estim~teb 1.400 t1~ c~ses of m~le bre~st C~t1C~ wi11 be
bi~5t1oseb it1 2000 ~t1b 400 wi11 bk of the bise~se: ~t1b
WH£R£AS. e~r1'1 bctectiot1 ~t1b prompt tre~t»1rnt C~t1 si5t1it1c~t1t1'1 reb\.fce
s\.ffferit15 ~t1b be~ths c~\.fseb b'1 rl1is bise~se: ~t1b
WH£R£AS. m~mm05r~ph'1. ~t1 "x-r~'1" of V1e bre~st. is rec05t1izeb ~s V1e
sit151e most effective mctHob of bctectit15 bre~st ch~t15eS V1~t m~'1 be C~t1C~ 10t15
before ph'1sic~l s'1mptoms C~t1 be sern or felt.
NOW. TH£R£FOR£. ,. d1~r1es Scom~. M~'1or of V1e Cit\.j ofNortJ1 Richl~t1b
Hi11s. T ex~s bo h~eb'1 procbim rl1e mot1rl1 of Octob~ 2000 ~s:
"NA Tl0NAl BR£AST CANC£R A W AR£N£SS MONTH"
At1b Octob~ 20th ~s
"NA T10NAl MAMMOGRAPHV DA V"
it1 V1e Cit\.j ofNortJ1 Richbt1b Hi11s ~t1b \.fr5e ~11 citizrns to become ~w~re of their
oWt\ ris1t5 of bre~st C~t1C~ ~t1b t~lk to rl1eir he~lV1 c~re provib~s ~bo\.ft bre~st
C~t1C~ ~t1b. whrnev~ ~ppropri~te. 5ct ~t1 x-r~'1 for tHe bise~se. 1 f\.frth~
rnco\.fr~5e ~11 resibrnts to become it1vo1veb it1 V1e w~r Ot1 bre~st C~t1C~ V1ro\.f5H
tHis cit\t' 5 eb\.fc~tiot1 ~t1b ~bvoc~C\f it1iti~tives.
. \.J.~;;!'
- ..~ '.
.!:::-;' '1,~
~:
~~, )J 11., l·.
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-~~ _:~, ~f:.i'J
¡'~"hftri~~~;'¡':"
11'1 W1TN£SS WH£R£OF. 1 h~ve H~e\.ft1to sct
m'1 h~t1b ~t1b c~\.fseb tHe se~l of rl1e Cit\t of
North Rich1~t1b Hi11s to be ~ffixeb rl1is the 9V1
b~'1 of Octob~ 2000.
d1~rles Scom~. M~'1or
-----~----_._----~-~-----"~---~._-_.~_._-
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 - SEPTEMBER 25,2000 - 5:15 P.M.
Charles Scoma
Lyle E. Welch
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
T. Oscar Trevino, Jr.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Rex McEntire
Greg Dickens
Thomas Powell
Pam Burney
Karen Bostic
John Pitstick
Jenny Kratz
Paulette Hartman
Larry Koonce
Andy Jones
Mike Curtis
Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistànt City Manager
Managing Director of Community Services
City Secretary
Attorney
Public Works Director
Support Services Director .
Environmental Services Director
Budget Director
Planning Director
Public Information Director
Assistant to City Manager
Finance Director
Fire Chief
Assistant Public Works Director
Russell Mitchell
Councilman
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the Pre-Council meeting to
order at 5:15 p.m.
DISCUSS ITEMS Agenda Item 6i - PU 2000-042 - Staff was asked if NAN
FROM REGULAR in-house staff would still perform custodial services
SEPTEMBER 25, at City Hall and the Police Department. Staff
2000 CITY COUNCIL advised that the contract would only be for Fire
MEETING Administration, Support Services, PW Service
Center, Environmental Services and both Senior
Citizen Centers. In-house staff will continue the daily
custodial cleaning of all other city facilities. Staff
further advised that as a result only one position
would be eliminated and efforts were beinQ made to
Pre-Council Minutes
September 25, 2000
Page 2
.......
ITEM DISCUSSION ASSIGNMENT
transfer the employee to another department.
Agenda Item 9 - GN 2000-108 - Council questioned NAN
if the applicant was aware of the Council's concerns,
Le., the pole sign, the number of guests. The City
Manager advised that Ms. Collup had approached
Staff inquiring if there was a possibility Council would
reconsider her request. Staff advised her that one of
the Council members would need to be willing to
bring it back up for it to be reconsidered. Staff also
advised Ms. Collup that she would need to agree to
the motion at the September 11 Council meeting and
address the pole sign, landscaping and other
concerns mentioned by the Council at the
September 11 meetinQ.
GN 2000-109 Councilman Metts, Chair of the Facilities Naming Ad NAN
CONSIDER Hoc Committee, presented to the Council the
ORDINANCE proposed naming ordinance drafted by the
F 3ARDING THE Committee for Council's consideration.
NÄMING OF Councilwoman Johnson asked for clarification on
STREETS, PARKS, who would make up the Board. Councilman Metts
PUBLIC BUILDINGS advised the Board would consist of three Council
AND OTHER members appointed by the Mayor, subject to
PUBLIC FACILITIES approval by the Council; that it was a Council
- ORDINANCE NO. appointed Board. There were no other questions
2517 from the Council. Formal action was taken at the
reQular Council meetina.
IR 2000-121 Mayor Scoma briefed the Council on the status of NAN
UPDATE ON WORK the Work Force Development Program. Council was
FORCE advised that a meeting was held over a year ago
DEVELOPMENT with the Superintendents of the BISD, HEB and
PROGRAM Grapevine-Colleyville School Districts and Tarrant
County College to explore the idea of developing a
work force development program. A meeting was
also held with area businesses. A positive response
was received from all parties. The program is
primarily a School District, County, and City joint
effort. The financing tentatively would be funded by
the school districts since it is an education program.
The cities will promote it from an economic
development standpoint. The program will be
identified as an Academy and will be for the
retraining of students as well as older citizens.
Mayor Scoma advised that in the next
Pre-Council Minutes
September 25, 2000
Page 3
F-'
ITEM DISCUSSION ASSIGNMENT
several weeks the Superintendents will be reviewing
a rough draft of an agreement. After the
superintendents have reviewed the agreement, the
Work Force Development Board will review and
refine the agreement. Mayor Scoma advised he met
with Congresswoman Granger twice in Washington
regarding the funding for this program.
Congresswoman Granger is scheduled to visit North
Richland Hills on October 19 and the Mayor will be
briefina her on its status.
IR 2000-117 City Manager Cunningham gave an overview of the JENNY KRATZ
REVIEW PLANS agenda for the reception/tour on October 19 for
FOR MEETING AND Congresswoman Granger.
TOUR WITH
CONGRESSWOMAN
KAY GRANGER -
THURSDAY,
( -OBER 19
ADJOURNMENT Mayor Scoma announced at 5:44 p.m. that the
meeting would adjourn to Executive Session for
consultation with Attorney as authorized by
Government Code §551.072 for the following cases:
1) Buckingham & Ortis v. North Richland Hills; 2)
Venne et al v. North Richland Hills; 3) Bell et al v.
North Richland Hills and for deliberation regarding
real property as authorized by Government Code
§441.052 for fire facilities land acquisition. The
Executive Session adjourned at 6:31 p.m. to the
reQular Council meetina with no action required.
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 - SEPTEMBER 25,2000 -7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order September 25,2000 at 7:00 p.m.
ROLL CALL
Present:
Charles Scoma
Lyle E. Welch
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
1. Oscar Trevino, Jr.
Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilman
Councilman
Councilman
Staff:
Larry Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Rex McEntire
City Manager
Deputy City Manager
Assistant City Manager
Managing Director of Community Services
City Secretary
Attorney
Absent:
Russell Mitchell
Councilman
2.
INVOCA TION
Invocation given by students from Foster Village Elementary.
3.
PLEDGE OF ALLEGIANCE
Students from Foster Village Elementary led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
A. RECOGNITION OF THE CENSUS 2000 COMPLETE COUNT COMMITTEE
Ms. Hartman, Administrative Assistant to City Manager, recognized the Census 2000
Complete Count Committee. Certificates were presented to the members of the
City Council Minutes
September 25, 2000
Page 2
Committee. Committee members present were Mike Fritz, John Lewis and Sally
Hackfeld. The other committee members unable to be present were C.A. Sanford, Mike
Rigby, Pat Riddle, Eva Pereira and Reverend Bob Roberts.
B. YARD OF THE MONTH AWARDS
Ms. Patsy Tucker, Chair of the Beautification Committee, and Mayor Scoma recognized
the following September Yard of the Month winners:
Raymond, Wanda & Heidi Calvert, 3816 Diamond Loch East; Roy & Jerry Riebe, 4859
Blaney; Terry & Lynda Hamilton, 6533 Woodcreek; Leonard & Erline Kojis, 7629
Janetta; Gerry Cozby, 5125 Jennings Drive; Allan & Deborah Hainline, 6729 Mabell;
Mike & Janet Sued meier, 6725 Rolling Hills; Keith & Cheryl Denton, 7837 Old Hickory;
and John & Paula Radvansky, 7917 Ember Oaks.
C. PROCLAMATION - AMERICAN HEART WALK
Councilman Trevino presented proclamation to Ms. Tamra Ward, Regional Director of
the American Heart Association.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEM(S)
APPROVED
A. MINUTES OF THE BUDGET WORK SESSION AUGUST 4-5, 2000
B. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 11, 2000
C. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 11, 2000
D. CONTRACT AUTHORIZING PASS-THROUGH STATE GRANT
AGREEMENT FOR NETS
D. VACATE A PORTION OF SANITARY SEWER EASEMENTS AND A
UTILITY EASEMENT LOCATED IN TOWN CENTER - L.C. WALKER
SURVEY, ABSTRACT NO. 1653, L.C. WALKER SURVEY NO. 1652,
AND T.K. MARTIN SURVEY, ABSTRACT NO. 1055 - ORDINANCE NO.
2516
City Council Minutes
September 25, 2000
Page 3
E. VACATION OF THE DEDICATION OF SMITHFIELD ROAD EAST AND
AMUNDSON DRIVE IN TOWN CENTER - ORDINANCE NO. 2515
F. AWARD BID FOR FIRE STATION 4 INTERIOR RENOVATION TO NEW
WORLD INDUSTRIES IN THE AMOUNT OF $60,131
G. AUTHORIZE PURCHASE OF WASTEWATER TV CAMERA THROUGH
H-GAC COOPERATIVE PURCHASING PROGRAM
H. AWARD PARTIAL BID TO CENTURY SERVICES COMPANY FOR
CUSTODIAL SERVICES IN THE AMOUNT OF $17,064
I. APPROVAL OF PROFESSIONAL SERVICES CONTRACT FOR
ORGANIZATIONAL ANALYSIS OF FIRE SERVICES - RESOLUTION
NO. 2000-72
J. AWARD OF BID TO RICHARD CARR CONSTRUCTION COMPANY IN
THE AMOUNT OF $1,110,921.71 FOR TOURIST DRIVE PAVING AND
DRAINAGE
Councilwoman Johnson moved, seconded by Mayor Pro Tem Welch, to approve the
Consent Agenda.
Motion to approve carried 6-0.
7.
PS 2000-14 - CONSIDER FINAL PLAT OF LOT AR-2, BLOCK 3,
INDUSTRIAL PARK ADDITION AS REQUESTED BY
DOSKOCIL FOOD SERVICE, REPRESENTED BY TEAGUE, NALL
& PERKINS (PROPERTY LOCATED AT 6353 BROWNING COURT)
APPROVED
Mr. Scott Gibson of Teague, Nail & Perkins came forward to represent the request. Mr.
Gibson requested a waiver to the sidewalk requirement.
Mr. Pitstick summarized the request. The plat will add additional land for the applicant
to use as a 11 O-space parking lot. Lot 4RB, Block 3 Industrial Park Addition is being
added to Lot 6R, Block 3, to create Lot A-R2, Block 3, Industrial Park Addition. The
proposed plat and development is in conformance with the current Thoroughfare Plan
and Comprehensive Land Use Plan.
Council questioned if there was a need for the sidewalk.
Staff advised that there were not any sidewalks currently in this area.
City Council Minutes
September 25, 2000
Page 4
Mayor Pro Tem Welch moved, seconded by Councilman Phifer, to approve PS 2000-
14, a final plat of Lot AR2, Block 3, Industrial Park Addition, waiving the sidewalk
requirement.
Motion to approve carried 6-0.
8.
PS 2000-24 - CONSIDER FINAL PLAT OF LOT 1, BLOCK 1,
HOME DEPOT ADDITION AS REQUESTED BY HOME DEPOT, U.S.A.,
REPRESENTED BY WINKELMANN & ASSOCIATES
(THIS 17.311 ACRE TRACT IS LOCATED AT 9201 MID CITIES BOULEVARD)
APPROVED
Mr. Michael Clark, Winkelmann & Associates, came forward to represent the request.
Mr. Pitstick, Director of Community Development, summarized the request. The
request consists of a 17.311 acre one lot subdivision for future development of a Home
Depot site. The proposed plat meets the current Thoroughfare Plan and city
regulations. Flood improvement plans have been submitted to FEMA for approval.
FEMA and the Corps of Engineers will have final approval of flood plain improvements
and the applicant requested final plat approval with agreement to make any design
changes as a result of FEMA and Corps approval.
There was discussion regarding the maintenance of the drainage channel. Mr. Clark
advised that as a result of the Corps of Engineers approval, Home Depot will be
required to maintain the drainage channel.
Councilwoman Johnson moved, seconded by Mayor Pro Tem Welch, to approve PS
2000-24, Final Plat of Lot 1, Block 1, Home Depot Addition, with the stipulation that the
applicant (Home Depot) will be responsible for the maintenance of the drainage
channel.
Motion to approve carried 6-0.
9.
GN 2000-108 - RECONSIDER ACTION ON PZ 2000-35 - ORDINANCE NO. 2511
CONCERNING REQUEST OF JOYCE COLLUP FOR A ZONING CHANGE OF LOT 1,
BLOCK D, RICHLAND OAKS ADDITION (PROPERTY LOCATED AT 4801
STRUMMER DRIVE) FROM LR LOCAL RETAIL TO PD PLANNED DEVELOPMENT
APPROVED
City Council considered this request on September 11, 2000 and the motion for
approval with stipulations failed denying the proposed zoning. The City Manager
explained that City Council procedures allow for reconsiderations at the next meeting.
The applicant has since provided letters indicating her willingness to make some
City Council Minutes
September 25, 2000
Page 5
modifications to her request and would like the request to be reconsidered.
Councilman Tolbert has agreed to request that City Council reconsider action on this
request.
Councilman Tolbert moved, seconded by Councilman Metts, to approve GN 2000-108,
to reconsider action on PZ 2000-35 at the next Council meeting.
Staff advised that the case would need to be re-advertised as a public hearing and that
it could not be heard before October 23, 2000.
Councilman Tolbert amended his motion to reconsider action on PZ 2000-35 and hold
the public hearing at the October 23,2000 City Council meeting. Councilman Metts
amended his second.
Motion to approve carried 5-1; Mayor Pro Tem Welch, Councilwoman Johnson,
Councilmen Metts, Phifer and Tolbert voting for and Councilman Trevino voting against.
10.
GN 2000-109 - RECONSIDER ACTION ON PS 2000-37 A REPLA T OF LOT 1 R,
BLOCK 1, EATON ADDITION AS REQUESTED BY JOE WADE (THIS 1.5641 ACRE
TRACT IS LOCATED AT THE SOUTHWEST CORNER OF HARMON SON ROAD
AND RUFE SNOW)
APPROVED
Staff advised case was denied at the September 11 City Council meeting due to the
fact that applicant or his representative was not present and the next Council meeting
was more than 30 days since the Planning & Zoning Commission recommended
approval of the plat. Councilwoman Johnson has asked that the Council reconsider
action on this request.
Councilwoman Johnson moved, seconded by Councilman Trevino, to approve GN
2000-109, to reconsider action on PS 2000-37 at the October 9,2000 City Council
meeting.
Motion to approve carried 6-0.
11.
GN 2000-110 - EXPRESSING COMMENTS ON PROPOSED CHANGES TO THE
FEDERAL GOVERNMENT'S METROPOLITAN AREA STANDARDS-
RESOLUTION NO. 2000-071
APPROVED
Mr. Vick summarized the proposed resolution.
City Council Minutes
September 25, 2000
Page 6
Councilman Trevino moved, seconded by Councilman Tolbert, to approve Resolution
No. 2000-71, expressing comments on proposed changes to the federal government's
metropolitan area standards.
Motion to approve carried 6-0.
12.
GN 2000-111 - CONSIDER ORDINANCE REGARDING THE NAMING OF STREETS,
PARKS, PUBLIC BUILDINGS AND OTHER PUBLIC FACILITIES -
ORDINANCE NO. 2517
APPROVED
Mr. Vick summarized the proposed ordinance.
Councilman Metts moved, seconded by Councilman Trevino, to approve Ordinance No.
2517 with the following change to Section 3: "The appointment shall be made by the
Mayor, subject to City Council approval." Councilman Metts advised this was
consistent with other committee appointments.
Motion to approve carried 6-0.
13.
GN 2000-112 - REVISION OF SCHOOL ZONE HOURS -
ORDINANCE NO. 2514
APPROVED
Mr. Dickens, Public Works Director, summarized the proposed ordinance.
Councilman Trevino moved, seconded by Councilman Metts, to approve Ordinance No.
2514.
Motion to approve carried 6-0.
14.
(A) CITIZENS PRESENTATION
Mr. Rick Cawthon, 8345 Emerald Circle, representing the Emerald Lakes Homeowners
Association, advised they were having a problem with trash in the lakes area because
of debris draining into the lakes. Mr. Cawthon requested the City partner with the
Homeowners Association to help with the trash problem.
Mayor Scoma advised that Staff would be following up with Mr. Cawthon on the
Emerald Lakes problem.
(B) INFORMATION AND REPORTS
City Council Minutes
September 25, 2000
Page 7
Paws to Recycle - begins now through November 30
Liberty Bank Ribbon Cutting (7001 Grapevine Highway) - September 26 at 4:30 p.m.
Minyard's Food Store Ribbon Cutting (9135 Grapevine Highway) - September 27 at
9:30 a.m.
Citizen Police Academy - September 28 at 7:00 p.m.
Critter Connection open - September 30 - 10:00 a.m. to 6:00 p.m.
15.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 8:02 p.m.
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
CITY OF
NORTH RICHLAND HILLS
'--~
Department: Police Department Council Meeting Date: 10/09/2000
Subject: Set Date for Local Law Enforcement Block Grant Public Hearing Agenda Number: GN 2000-113
On September 8, 2000, the City was notified that the United States Department of Justice
had approved the City's 2000 Local Law Enforcement Block Grant application and award.
This year's award under the 2000 LLEBG is in the amount of $29,942, with the City's cash
match set at $3,327. Before the award may be received from the Department of Justice,
the City is required to schedule and hold a public hearing to allow input from the public on
the allocation purposes recommended by the LLEBG Advisory Board. For the 2000
LLEBG, the Advisory Board recommends the funds be allocated for the purchase of one
unmarked police car, one police motorcycle, and associated radio equipment for the
vehicles.
Recommendation:
Set the required public hearing for the City Council meeting scheduled for October 23,
2000.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Page 1 of -1
CITY OF
NORTH RICHLAND HILLS
Department: Finance Council Meeting Date: 10/09/2000
Subject: Amending Authorized Representative List for Texpool Agenda Number: GN 2000- 114
Resolution No. 2000-75
As a result of City staff changes, a resolution is required amending the authorized
representative list for Texpool. The following are suggested to be included on the list of
authorized individuals:
Larry Koonce
Jackie Theriot
Toni VanHooser
Keith Wilson
Director of Finance
Accounting Manager
Accountant
Accountant
The proposed resolution authorizes the Mayor to execute the attached form that will
designate these individuals as City representatives.
Recommendation:
"-,
To approve Resolution No. 2000-75 which designates authorized representatives for
Texpool.
Finance Review
~e~wre
---- Finance Director
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
\-......,
Page 1 of 1
.,..-.-....-..-^----..... ~".__._....,-__.'..<_..'"_."_____"..__.._._~_...._..___..,..,_n',_
Resolution No. 2000-75
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
1.
The following officers of the City of North Richland Hills, Texas are hereby authorized to
execute the Texpool Resolution Form Amending Authrorized Representatives on behalf of
the governing body of the City:
Larry Koonce
Director of Finance
Signature r1a~ ~ .
Signature é)D () 1), JJl!J)? IJ};jf)E
s:gnarure~t ~~:
Signature ~
Jackie Theriot
Accounting Manager
Toni VanHooser
Accountant
Keith Wilson
Accountant
2.
The Mayor be and is hereby authorized to execute the amendment form, a copy of
which is attached hereto and made a part hereof and marked Exhibit "A", as the act and
deed of this City.
PASSED AND APPROVED this 10th day of October 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
Rex McEntire, Attorney for the City
RESOLUTION
AMENDING AUTHORIZED REPRESENTATIVES
WHEREAS, the City of North Richland Hills, Texas
("Participant") is local government of the State of Texas and is empowered to delegate to a public funds
investment pool the authority to invest funds and to act as custodian of investments purchased with local
investment funds; and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that
provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds
Investment Act; and
WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment
pool, was created on behalf of entities whos~ investment objective in order of priority are preservation and
safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
NOW THEREFORE, be it resolved as follows:
A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives
of the Participant and are each hereby authorized to transmit funds for investment in TexPool and are
each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take
all other actions deemed necessary or appropriate for the investment of local funds.
B. That an Authorized Representative of the Participant may be deleted by a written instrument
signed by all remaining Authorized Representatives provided that the deleted Authorized
Representative (1) is assigned job duties that no longer require access to the Participant's TexPool
account or (2) is no longer employed by the Participant; and
c. That the Participant may by Amending Resolution signed by the Participant add an Authorized
Representative provided the additional Authorized Representative is an officer, employee, or agent of
the Participant;
List the Authorized Representatives of the Participant. These individuals will be issued P.I.N. numbers.
1. Name Jackie Theriot
SignaturC);10 Þ I¡J) l1J1fJJ> I ~)
Title Accounting Manager
Direct Phone Number (817) 427-6152
2. Name Toni VanHooser
Signature ~~CVrA/h~
Title Accountant
Direct Phone Number (817) 427-6162
3. Name Keith Wilson ~ Title Accountant
Signature ~-j.tlAl DirectPhoneN~ber (817) 427-6155
4. Larry Koonce, Director of Finance (817) 427-6167 I~
List the name of the Authorized Representative listed above that WI ave rImary responsl I Ity for
perfonning transactions ãnd receiving confinnations and monthly statements under the Participation
Agreement.
Name
Toni VanHooser
In addition and at the option of the Participant, one additional Authorized Representative can be designated
to perfonn only inquiry of selected infonnation. This limited representative cannot make deposits or
withdrawals. If the Participant desires to designate a representative with inquiry rights only, complete the
following infonnation.
4. Name
Title
B. That this Resolution and its authorization shall continue in full force and effect until amended or
revoked by the Participant, and until TexPool receives a copy of any such amendment or revocation. This
Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the
10th day O~toh~r ,ki 2000
NAME OF PARTICIPANT: City of North Richland Hills, Texas
BY:
Signature
Charles Scoma
Printed Name
Mayor
Title
ATTEST:
Signature
Patricia Hut¡:;on
Printed Name
OFFICIAL SEAL
City Secretary
Title
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date:
10/09/2000
Subject: Authorizing Signatures for Pledgee Signature
Authorization Form, Resolution No. 2000-76
Agenda Number: GN 2000-115
As a result of City staff changes, a resolution is required authorizing signatures for the
release of pledged securities with Bank of America and the Federal Reserve Bank of
Dallas. The following are suggested to be included on the Pledgee Signature Authorization
Form with an effective date of October 9, 2000:
Patricia Hutson
Larry Koonce
Jackie Theriot
Toni VanHooser
Keith Wilson
City Secretary
Finance Director
Accounting Manager
Accountant
Accountant
The proposed resolution authorizes the Mayor to execute the attached signature form that
will designate these individuals as City representatives.
Recommendation:
To approve Resolution No. 2000-76 which authorizes signatures for the release of pledged
securities.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number N/A
Sufficie Funds Available
~~
Dep ment Head Signature
Resolution No. 2000-76
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, THAT:
1.
The following officers of the City of North Richland Hills, Texas are hereby authorized to
execute the Pledgee Signature Authorization Form on behalf of the governing body of the City:
Name
Title
Signature
Patricia Hutson
City Secretary
Larry Koonce
Finance Director
t:;JiÞ=~
~::1t~!C-
Jackie Theriot
Accounting Manager
Toni VanHooser
Accountant
Keith Wilson
Accountant
2.
The Mayor be and is hereby authorized to execute the signature form, a copy of which is
attached hereto and made a part hereof and marked Exhibit "A", as the act and deed of this City.
PASSED AND APPROVED this 10th day of September 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO LEGALITY:
Rex McEntire, Attorney for the City
PLEDGEE SIGNATURE AUTHORIZATION FORM
TO THE FEDERAL RESERVE BANK OF DALLAS:
RESOLVED, that the signatures written below are those persons who are hereby
authorized and empowered to sign in transactions with the Federal Reserve Bank of
Dallas until said Federal Reserve Bank has received notice in writing that this authority
as to any or all of the persons whose names appear on this form has been revoked.
SIGNATURE:
NAME: Charles Scoma
TITLE: Mayor
DATE: October 10, 2000
Name/Address of Pledgee:
Name:
Address:
City/St/Zip:
Phone:
CBI Number
City of North Richland Hills
7301 Northeast Loop 820
N. Richland Hills, TX 76180
(817) 427-6000
K1FK
AUTHORIZED PERSONS:
Name Title
Patricia Hutson City Secretary
Larry Koonce Finance Director
Jackie Theriot Accounting Mgr.
Toni VanHooser Accountant
Keith Wilson Accountant
Signature
~ ~<-1 ~
CJ;1 ()£}¡'ð) ~/M
~J!2wr
.'
CITY OF
NORTH RICHLAND HILLS
"'-__ Department: Finance
Council Meeting Date: 1 0/09/2000
Subject: Authorize Investment Officers
Resolution No. 2000-77
Agenda Number: GN 2000-116
As a result of City staff changes, a resolution is required amending the list of authorized
personnel for conducting investment transactions with authorized securities dealers and
banking institutions. The following positions are suggested to be included on the list of
authorized individuals:
Director of Finance
Accounting Manager
Accountant
Accountant
Larry Koonce
Jackie Theriot
Toni VanHooser
Keith Wilson
The proposed resolution authorizes the Mayor to execute the form which designates these
individuals.
\....-
Recommendation:
To approve Resolution No. 2000-77 authorizing investment officers.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number N/A
Sufficient Funds Available
~
,
¡
\
"--
Page 1 of 1
._.~--_."_.._----_.~.-..__._--~->--------_.._~---"-~_._--~~ .....
RESOLUTION NO. 2000-77
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, THAT:
The following officers of the City of North Richland Hills, Texas are hereby authorized to
execute all investment transactions of the City with all securities dealers and banking
institutions approved by the "City" Investment Committee in accordance with the City's
Investment Policy.
Larry Koonce
Director of Finance
Signature ~ ~
Signature01IlfJ/1J )~Dr)
::::::~:%~
Jackie Theriot
Accounting Manager
Toni VanHooser
Accountant
Keith Wilson
Accountant
PRESENTED AND PASSED on this the 10th day October 2000.
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
APPROVED AS TO CONTENT:
L~~nance
.J
CITY OF
NORTH RICHLAND HILLS
~
"--, Department: Finance /Information Services
Council Meeting Date: 10/9/2000
Subject: Award Annual Contract for Printers to SDF Professional
Computers - Resolution No. 2000-073
Agenda Number: PU 2000-44
In the 2000/2001 approved budget, Council appropriated funds for the purchase of various
printers to be installed by the Information Services Department. In an effort to keep all
computer equipment standardized, formal bids were solicited for an annual contract to
supply various models and sizes of Hewlett Packard printers. The results are outlined
below:
SDF Professional Computer
SHI-gs
Southern Computer Supply
Texas Computer Hub
Customized Computer Services
Micro Warehouse
Northeast Business Machines
JC Rules Computing
PI Systems
$27,964
$28,353
$28,863
$29,809
$29,810
$30,208
$32,318
$33,767
$26,488 (did not meet specifications)
"- The bids listed above are for 21 printers that will be ordered and delivered as needed. The
successful bidder will hold these bid prices for a one-year period. SDF Professional
Computers met the specifications and general conditions of the bid and will deliver as
requested. This company was awarded the contract last year and provided very good
service and made deliveries within the time required.
The bid submitted by PI Systems offered printer models that fell below the minimum bid
specifications.
Recomrnendation: To award the annual contract for Hewlett Packard printers to SDF
Professional Computers and approve Resolution No. 2000-73 authorizing the City
Manager to execute the contract.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget -X-
Other
"-
~~iå~
artm t ea Si nature
Finance Review
Budget Director
Finance Director
Page 1 of 1
..._- .---------,,----....-.;-..
RESOLUTION NO. 2000-073
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the contract with SDF Professional
Computers for the purchase of printers, as the act and deed of the City.
PASSED AND APPROVED this 9th day of October, 2000.
APPROVED:
Charles Scoma
Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
Larry Koonce, Director of Finance
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Council Meeting Date: 10/09/2000
Subject: Authorize Contract Extension to Specialty Underwriters Agenda Number: PU 2000-45
For Electronic Equipment Maintenance - Resolution No. 2000-74
In the 200012001 approved budget, Council appropriated funds for maintenance on various
types of electronic maintenance including typewriters, fax machines, mobile radios and a
folder/stuffer machine. At The February 22, 1999 meeting Council awarded the contract to
Specialty Underwriters to provide maintenance coverage for various types of equipment
under one contract (PU 99...06). The City has realized cost savings of approximately
$9,500 in maintenance bills by participating in this program the past year. This contract
has the following advantages:
1.
2.
3.
4.
5.
6.
7.
"- 8.
9.
one common anniversary date for all equipment covered;
coverage includes parts, labor, travel, power surges, human error,
environmental changes;
choice of service provider;
preventative maintenance calls;
coverage 7 days a week, 24 hours per day, including holidays;
in-house repairs covered at $35 per hour;
company dispatches requested service vendor;
company manages all paperwork; service reports, invoices and handle all
payment procedures directly with the service provider;
City receives a copy of all service reports monthly.
The program has worked very well this past year. The departments contacted stated they
are satisfied with the service they have received. Staff is requesting to extend the contract
an additional year in the amount of $16,744. The bid specifications and contract allow for
the contract to be extended for two additional one-year terms if it remains beneficial to the
City.
Recommendation: To authorize the contract extension with Specialty Underwriters in the
amount of $16,744 and approve Resolution No. 2000-74 authorizing the City Manager to
execute the contract.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
',,--
Finance Review
Budget Director
-" .,,~, .~'--',-"",--_.~_",__~,.__,_,,_ ._..-....,.-._..._ r_.'"",.
RESOLUTION NO. 2000-074
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the contract with Specialty Underwriters
LLC for electronic equipment maintenance, as the act and deed of the City.
PASSED AND APPROVED this 9th day of October, 2000.
APPROVED:
Charles Scoma
Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
-,I'
.'
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 10/09/00
Subject: Vacate a Sanitary Sewer Easement located Agenda Number: PW 2000-029 _
in Town Center - L.C. Walker Survey, Abstract No. 1652 _ ~-
Ordinance No. 2520
There is a 15-foot sanitary sewer easement located on this tract, south of Mid-Cities
Boulevard, west of Cardinal Lane, north of the Texas Electric Trail and east of Davis
Boulevard. The property is part of the proposed NRH Town Center. The developers are
requesting the easement be vacated and abandoned save and except any portion of the
real property lying within any other sewer and/or utility easement.
The sanitary sewer main has been reconstructed and the developers have dedicated
additional easement by separate instrument to cover the new location.
Recommendation: To approve Ordinance No. 2520.
\
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
~ Account Number
~aWr -
Page 1 of_
Rnance Director
ORDINANCE NO. 2520
WHEREAS, there exists a 15-foot sanitary sewer easement located on the L.C.
Walker Survey, Abstract No. 1652; and
WHEREAS, the existing sanitary sewer easement is recorded in Volume 10785,
Page 186, and is shown on attached Exhibit "1" and described in Exhibit "2"; and
WHEREAS, the easement is no longer in use; and
WHEREAS, a sanitary sewer main has been reconstructed and the developer
has dedicated additional easements; and
WHEREAS, the City and the owners agree that the said 15-foot sanitary sewer
easement should be released and the dedication of such easement vacated, save and
except any portion of the real property lying within any other sanitary sewer or utility
easement; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The dedication of this 15-foot sanitary sewer easement located on L.C. Walker
Survey, Abstract No. 1652, be and is hereby vacated in favor of the owners, save and
except any portion of the real property lying within any other sewer and/or utility
easement.
PASSED AND APPROVED this 9th day of October, 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
R ~~'D2
sI'
CITY OF NORTH RICHLAND HILLS, TEXAS
SANITARY SEWER EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
. . .
That I/we, [-Systems, Inc. Pool Trust , a~:.;..
Sellers, for and in consideration of the agreed purchase price of
one DollarJD ($ 1.00 ), and upon all of the terms
and conditions hereof hereby grant, sell and convey to the city of North
Richland Hills, a municipal corporation of Tarrant county, Texas, as BUýGr, a
perpetual easement for the purpose of constructing, using and maintaining
public sanitary sewer facilities including underground conduits, said .'
perpetual easement being shown and described on the plat attached hereto,
which plat is made a part hereof, and/or further described as follows:
(SEB ATTACHED PLAT AND LEGAL DESCRIPTION)
In addition to the above described perpetual easement, Seller also
hereby grants to City a temporary right of access to, and use of, lands of
Seller immediately adjacent to the perpetual easement as necessary for
construction of proposed facilities by normal operations.
The agreed purchase price includes full accord, satisfaction and
compensation for all demands of the Seller, subject also to the following
special conditions, if any:
To have and hold the same perpetually to the City of North Richland
Hills and its successors and assigns forever.
Executed this the /7 Jt day of ~ ' A.D., 19'1;J."
7l<V s '££5, E- S'lS7F~S .:wC
~OL.. 7ÃtJST
ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
STATE OF TEXAS
COUNTY OF ]Mu..lts
JRt HI 'B1.Uß
}1Q1 A1\'i , SlGN ~ ~E 1.,EG In1$.
nIK \U.'i NO'!
This instrument was acknowle~ed before
this the /7 day of $êPTFH8E"!? ,
'TRllsr£,
me by .:JANES Iv. C!ROulLEV1 on
A.D. 19~. '
......
Notary Pub
commission Expires:
Notary's Printed Name:
11111IAM I. mARGE III
NOTARY PUBLIC
State of Texas
Comm. Exp.12.1CJ.95
/0785 '0/86
TRUSTEES, E- SYSTEM, INC,
POOL TRUST
VOL. 7870, PG. 461 T.C.D.R.
J
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EXHIBIT 1
PROPOSED OFFSITE SANITARY SEWER
BEING
0.262 ACRES
IN THE L. C. WALKER SURVEY. ASST. NO. 1652
NORTH RICHLANO HILLS
TARRANT COUN1Y. TEXAS
DETAIL 1
SCALE: 1'.50'
15.0'
~1.76
6J> I
. 8
S 18' 37'09" W
15.00'
EE~.~ælO£¡
_~_'__'1WAS,1Ø.II_
ø~_. _ØI41_11
EXHIBIT 2
FIELD NOTES
Being 0.262 acres of land out of the L. C. Walker Survey,
Abstract No. 1652, City of North Richland Hills, Tarrant Co.,
Texas, and being more particularly described as follows:
COMMENCING at the northeast corner of the Holiday East Mobile
Home Park plat as recorded in Vol. 388-67, Pg. 32 Plat
Records Tarrant Co., Texas;
Thence North 36 ° 30 '25" East, 414.26 feet to the POINT OF
BEGINNING;
Thence North 18·37'09" East, 15.00 feet;
Thence South 71°22'51" East, 75.10 feet;
Thence South 78°16'22" East, 50.00 feet;
Thence South 71°22'51" East, 637.16 feet;
Thence South 18°37'09" West, 15.00 feet;
Thence North 71°22'51" West, 637.16 feet;
Thence North 78°16'22" West, 50.00 feet;
Thence North 71°22'51" West, 75.10 feet to the POINT OF
BEGINNING and containing 0.262 acres (11,428 square feet)
of land, more or less.
91315001.os3
I07GS
.- I ('10
d uu
D192184470
CITY OF NORTH RICHLAND HILLS
POBOX 820609
MARK D BRADLEY
NORTH RICHLAND HILLS 76182
-W A R N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
F I LED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0: CITY OF NORTH RICHLAND HILLS
RECEIPT NO
192310093
REGISTER
DR92
PRINTED DATE TIME
09/24/92 09:51
1
INSTRUMENT FEECD
D192184470 WD
FILED TIME
920924 09:50 CA
TOT A L: DOCUMENTS: 01
FEE S:
10.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
I 07[¡~;
..... . (.., ,fL-
U j cj~)
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 10/09/00
Subject: Vacate Three (3) Permanent Drainaae Easements Agenda Number: J!.W 2000-030
located in Town Center - L.C. Walker Survey, Abstract No. 1652 and
J. Barlough Survey, Abstract 130 - Ordinance No. 2519
There are three (3) permanent drainage easements located on these tracts, south of Mid-
Cities Boulevard, west of Cardinal Lane, north of the Texas Electric Trail and east of Davis
Boulevard. The property is part of the proposed NRH Town Center. The developers are
requesting the easement be vacated and abandoned save and except any portion of the
real property lying within any other drainage and/or drainage and utility easement.
The drainage improvements have been reconstructed and the developers have dedicated
additional easement by separate instrument to cover the new location.
Recommendation: To approve Ordinance No. 2519.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds AvallaDle
R~
c#
Finance Director
~-~
cl~n '-~nabJre - ~- ~
Page 1 of_
ORDINANCE NO. 2519
WHEREAS, there exists three (3) permanent drainage easements located on the
L.C. Walker Survey, Abstract No. 1652; and J. Sarlough Survey, Abstract No. 130 and
WHEREAS, the existing permanent drainage easements are recorded in Volume
10785, Page 202, Volume 10785, Page 190, Volume 10785, Page 194 and are shown
on each attached Exhibit "1" and described in each Exhibit "2"; and
WHEREAS, the easements are no longer in use; and
WHEREAS, drainage improvements have been reconstructed and the developer
has dedicated additional easements; and
WHEREAS, the City and the owners agree that the said permanent drainage
easements should be released and the dedication of such easements vacated, save
and except any portion of the real property lying within any other drainage or drainage
and utility easement; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The dedication of these three (3) permanent drainage easements located on L.C.
Walker Survey, Abstract No. 1652, and J. Barlough Survey, Abstract No. 130 be and
are hereby vacated in favor of the owners, save and except any portion of the real
property lying within any other drainage or drainage and utility easement.
PASSED AND APPROVED this 9th day of October, 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
eITY OF tlORTII RICIIL1\NO IIlLLS, TEX1\S
PERM1\NEIIT 0lU\lIf1\OE E1\SEMEIIT
g 1(.6l.
»;. .."
.~ 0. .:
0'
STATE OF TEXAS
KNOW ALL HEN BY TIIESE PRESEtlTSo
COUNTY OF T1\RRANT
. ..~; .
That I/we, [",SY.s.J£ms..-J.rIL POQ1 Jrust ' as Sel1er(s), for
and In conslderatIõn'Ot the agrëê'ëfPiJrc ase price of One Vol1ar~ IS 1.00 } and upon
all of the terms and conditions hereof hereby qrant, sell and convey to the cr~y of IIorth
Rlchland lillIs, a munlcipal corporRtlon of Tarrant county, TexRs, as Buyer, a perpetual
easement for the purpose of construct lng, uslng and malntainlnq publIc dralnage .
faclllties, includlng undsrground condults and overland flumes or swales with unrestrlcted
surface access for relief flow, and Bald perpetual easement belng shown and described on
the plat attached hereto, whlch plat ls made a part hereof, and/or further described as
follows I
In addltlon to the above descrlbed perpetual easement, Seller also hereby grants to
clty a temporary right of access to, and use of, lands of Se~ler lmmedlately adjacent to
operations.
(SEE 1\TT1\CIIEO PL1\T MID LEG1\L OESeRI I'Tlotl)
The agreed purchased price includes full accord, øatisfaction and compensation for
all demands of the Seller, subject also to the following special condltlons, if anyl
N~twithstanding anything else to the contrary contained e'sewher~í~
this d?cument the. easement granted shall automatically terminate upon
adoption by the City of North Richland Hills of a subdivision plat which
covers the property which is subject of this easement.
.----.-
To have and hold the same perpetually to the city of North Richland IIUb and
successors and asslgns forever.
Dallas
Executed in~~'
this the 17th day of Sep teßÙ.er
its
Dallas
'R~ County, Texas, in triplicate original on
1\.0., 19---21.,
TRUSTEES,E-SYSTEMS INC. POOL TRUST
1\OVRESS OF GR1\NTEE:
Clty of North Richland lIills
7301 N.E. Loop 820
North Richland lillIs, Texas 76180
STATE OF TEXAS
DJ\T.Jl\S .
COUIITY OF ~
, , Y:"'f'('(""-~':í! 1'1 ,'r,t~
~1 J11..,~¡ :'" : .,,' , . .,.' '.11'
\&11". )J.o\"l Ii '1 :\'1: ..:".!'" ~
This instrument was acknowledged before me on the 17th day of
September ' 19B, by James W. Crowley. 0 'l'rustee
#~Jl~
Notary pUblic, state of T as
IIY commission Expires:
Notary's printed Name:
10/G5
0202
\
-----
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1" = 100'
TRUSTEES, E- SYSTEM, INC.
POOL TRUST
VOL. 7873. PG. 2219 T.C.D.R.
~
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TRUSTEES, E- SYSTEM, INC.
POOL TRUST
VOL. 7870, PG. 461 T.C.D.R.
S 18'37'09" w
50.00'
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EXHIBIT 1
PROPOSED OFFSITE DRAINAGE
BEING
1 .607 ACRES
IN THE L C. WALKER SURVEY, ASST. NO. 1652
NORTH RICHLAND HILLS
TARRANT COUNTY. TEXAS
r=r.:7 CARTER .!c BURG~¿~
~ IIIGIIQD~o'UIIIIIIIS'
___·IIIIf""DIW!.1ÐUI_
1114 __ l11li 1114 _II"
10'01-
IwJ
0203
EXHIBIT 2
FIELD NOTES
Being 1.607 acres of land out of the L. C. Walker Survey
Abstract No. 1652, City of North Richland Hills, Tarrant Co.,
Texas, and being more particularly described as follows:
COMMENCING at the northeast corner of the Holiday East Mobile
Home Park plat as recorded in Vol. 388-67, Pg. 32 Plat
Records Tarrant Co., Texas;
Thence North 35-53'28" East, 428.56 feet to the POINT OF
BEGINNING;
Thence North 18-37'09" East, 50.00 feet;
Thence South 71-22'51" East, 1400.00 feet;
Thence South 18-37'09" West, 50.00 feet;
Thence North 71-22'51" West, 1400.00 feet to the POINT OF
BEGINNING and containing 1.607 acres (70,000 square feet) of
land, more or less.
91305101.os2
I 0 7 r; ,-
w' ,,~
UJ
o 2 0 [}
D192184474
CITY OF NORTH RICHLAND HILLS
POBOX 820609
MARK D BRADLEY
NORTH RIcHLAND HILLS 76182
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
F I LED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0: CITY OF NORTH RICHLAND HILLS
RECEIPT NO
192310097
REGISTER
DR92
PRINTED DATE TIME
09/24/92 09:55
1
INSTRUMENT FEECD
D192184474 WD
FILED TIME
920924 09:51
cA
TOT A L
DOCUMENTS: 01
FEE S:
10.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
1070;)
0205
CITY OF NORTII RICIIL1\ND IIILLS, TEX1\S
PERH1\NENT DRAINAGE EASEMENT
¡¿o'~
;) (Ii
(> !',
',' "
.,
STATE or TEX1\S
KNOW ALL HEN BY TIIESE PRESEnTS
,. .
. . .
COUNTY OF T1\RRANT
...... .
. ...~; .
That I/we, ~~Sy.sJ.e¡ns, Inc. Pool Trust ' aø Seller(ø), for
and in conøiderat~f the agreed pllrchaøe price of One Dollaql IS 1.00 I and upon
all of the terms and conditions hereof hereby grant, sell IInd convey to the cft.y of north
Riehl and lIills, a municipal corporation of Tarrant county, Texas, as Buyer, II perpetual
eaeement for the purpoee of constructing, using and maintaining publLc drainage'
facLILtLes, includLng underground conduLts and overland flumeø or øwales wLth unrestricted
øurface acceøs for relief flow, and saLd perpetual easement beLng øhown and dsscribed on
the plat attached hereto, which plat Ls made a part hereof, and/or further described aø
followø.
(SEE ATTAclIED PL1\T 1\ND LEG1\L DESCRIPTION)
In addLtion to the above described perpetual easement, Seller aløo hereby grantø to
city a temporary right of acceøø to, and use of, landø of Se~ler immediately adjacent to
operationø.
The agreed purchaeed prLce includeø full accord, øatisfaction and compsnsation for
all demandø of the Seller, øubject also to the following øpecLal condLtionø, Lf any.
N~twithstanding anything else to the contrary contained elsewhe'r~'¡~-
this d?cument the. easement granted shall automatically terminate upon
adoption by the City of North Richland Hills of a subdivision plat which
covers the property which is subject of this easement.
of North Rich land 11111s and its
To have and hold the same perpetually to the CLty
successors and asøigns forever.
Dallas
Executed in >OO9»~J{){)œ(,
this the 1 7 th day of September
Dallas
~ county, Texas, in trLplicate
A.D., 19....2l..
TRUSTEES,E-SYSTEMS INC.
orlg inal on
POOL TRUS'r
ADDRESS OF GRANTEE:
City of North Richland lIills
7301 N.E. Loop 820
north Richland lIills, Texas 76180
STATE OF TEXAS , T\m~ 1~ 'BLUI
COUnTY OF DJ\LT.l\S 1t01'P.l{'{ I :nGI'U': 1'~ lJOCr11\13.
~ llTK \IA.'í llOT ...
This Lnstrument waø acknowledged before me on the 17th day of
September , 19JU., by James W. Crowlev..'l'rustee
Notar.y pu
My commission Expires.
Notary's printed Name:
WlWAM I. mAIIGE III
NOT ARV PUBLIC
State of Tex8s
Comm. Exp, 12'lUII
10705
0190
~~'Ì
~~
~~ ' \'ì~
~~~.
\~s\,
~. ~
TRUSTEES, E- SYSTEM, INC.
POOL TRUST
VOL. 78132, PG. 1578 T.C.D.R.
~<v'> .j.
'\,0 ",/
¥
----
-
~<v'> ~
'\,0 '" /
¥
TRUSTEES. E- SYSTEM, INC.
POOL TRUST
VOL. 7862, PG. 1578 T.C.D.R.
107iJS 0191
..'
. . .
./
SUNNY MEADOWS ...DDlTlOI'I
2M) m.,c .
VOL 388-19- ·PG. 38. T.CoP.II.
E.E. NEWMAN ;.,
II!
..
UNPlA TIED ~
...
~
~'> t
~
1",0 ,,?-ú UI
S 119'35'22" W 300.89'
CANNON DRIVE
(PROPOSED)
.
1" = 100'
EXHIBIT 1
DRAINAGE EASEMENT
OF
0.016 ACRES
J. BARLOUcl. ~JY~. ASST. NO. 130
NORTH RICHtANO HillS
TARRANT COUNTY, TEXAS
EEJ~.~~
_~_...n:_'_IDAI_
""I ....... IÆIa 1It4' __It
EXHIBIT 2
FIELD NOTES
BEING 0.016 acres out of the J. Barlough Survey, Abstract No. 130, City
of North Richland Hills, Tarrant Co., Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at the southwest
Filing, as recorded in Volume
Records;
corner of Sunny Meadows Addition, 2nd
388-83, Page 38, Tarrant County Plat
Thence, South 00-29'45" East, 472.83 feet to the north right-of-way
line of proposed Cannon Drive;
Thence, South 89-35'22" west', 300.89 feet along said proposed right-of-
way line to the beginning of a curve to the right having a radius of
393.54 feet;
Thence, along said curve and said proposed right-of-way line in a
northwesterly direction through a central angle of 33·59'59", an arc
length of 233.53 feet, to the end of said curve;
Thence, North 56-24'39" West, 165.90 feet along said proposed right-of-
way line to the POINT OF BEGINNING;
Thence, North 56·24'39" West, 20.00 feet along said proposed right-of-
way line;
Thence, North 33-35'21" East, 35.00 feet;
Thence, South 56-24'39" East, 20.00 feet;
Thence, South 33·35'21" West, 35.00 feet to the POINT OF BEGINNING and
containing 0.016 acres (700 square feet) of land, more or less.
I 0··· "" ,~
/00
0192
D192184471
CITY OF RORTH RICHLAND HILLS
POBOX 820609
MARK D BRADLEY
NORTH RICHLAND HILLS 76182
-W A R N I R G-THIS IS PART OF THE OFFICIAL RECORD--D 0 ROT DES T ROY
F I LED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
~
TO: CITY OF RORTH RICHLARD HILLS
RECEIPT NO
192310094
REGISTER
DR92
PRINTED DATE TIME
09/24/92 09:51
1
INSTRUMENT FEECD
D192184471 WD
FILED TIME
920924 09:50
CA
TOTAL
DOCUMENTS: 01
FEE S:
10.00
B Y:
ANY PROVISION WHICH RES ICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
0·. '\ r-'
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ûl93
CITY OF NORTII RICIILAND IIILLS, TEXAS
i? 0/30
,ri" ¿_J
PERMI\NENT DRAINAGE EASEHEtlT
STATE OF TEXAS
.,
KNOW ALL HEN BY TIIESE PRESENTS
,. .
. . .
COUNTY OF TARRANT
....
. :~~ .
That I/we, [_Sy~~ ~rusl , as Seller(ø), for
and in conøideratIõn of the agreed purc aøe price of Onc Dollar" IS 1.00 I and upon
all of the termø aud conditionø hereof hereby grant, øell and convey to the Cl't.y of lIorth
Richland Hillø, a municipal corporation of Tarrant County, Texas, as Buyer, a perpetual
eaøement for the purpoøe of constructing, using and maintaining public drainage'
facilities, including underground conduitø and overland flumeø or BwaleB with unrestricted
Burface acceBB for relief flow, and Baid perpetuai eaBement being øhown and deBcribed on
the plat attached hereto, which plat iB made a part hereof, and/or further described as
followBI
(SEE ATTACIIED PLAT AND LEGAL DESCRIPTlOtI)
In addition to the above deecribed perpetual easement, Seller alBo hereby grante to
City a temporary right of access to, and use of, lands of Se~ler immediately adjacent to
operations.
The agreed purchased price includeB full accord, satisfaction and compensation for
all demandB of the Seller, eubject alBo to the following special conditions, if anYI
_n~_.._.
N~twithstanding anything else to the contrary contained elsewhe'~-~
thIs d?cument the. easement granted shall automatically terminate upon
adoption by the City of North Richland Hills of a subdivision plat which
covers the property which is subject of this easement.
To have and hold the same perpetually to the City
successorø and assigns forever.
o."Uas
Executed in >Ð691}~~,
this the 17th day of September
of North nichland Hills and itø
Dallas
~ County, Texas, in triplicate original on
A.D., 19-21...
TRUSTEES,E-SYSTEMS INC. POOL TRUST
ADDRESS OF GRANTEE:
City of North Richland lIillB
7301 N.E. Loop 820
North Richland lIills, Texas 76180
STATE OF TEXAS
COUNTY OF ~
øi¡'I'ßtY ¡H1tmA"ru:!I IN m¡}J
P1 )lI. '1 t,,·'l' ~Ih: I..:!)}] ù!.pi
This instrument was acknowledged before me on the 17th day of
September , 19JU., by James W. Crowley,. Trustee
"I
-
Hy commission Expiresl
lIotary's Printed Namel
WlWAI .. SfWIE III
NOTARY PUBLIC
State of Texas
CamIn. Exp. 12·16-911
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TRUSTEES, E- SYSTEM, INC.
POOL TRUST
VOL. 7862. PG. 1578 D.R.T.C.T.
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C. R. BARNETT
VOL. 1192, PG. 22
D.R.T.C.T.
EXHIBIT 1
PROPOSED OFFSITE DRAINAGE
BEING
0.314 ACRES
IN 11iE JOHN BARLOUGH SURVEY, ASST. NO. 130
NOR11i RICHLAND HILLS
TARRANT COUNTY, TEXAS
r.::z=7 CARTER Ie BURC~~ç.
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EXHIBIT 2
FIELD NOTES
BEING 0.314 acres of land out of the John Barlough Survey,
Abstract No. 130, City of North Richland Hills, Tarrant
County, Texas, being part of the 57.356 acre tract recorded
in Volume 7862, Page 1578, and part of a tract of land
recorded in Volume 1192, Page 22, Deed Records, Tarrant
County, Texas, and being more particularly described by metes
and bounds as follows:
COMMENCING at the most westerly southwest corner of the
aforesaid 57.356 acre tract;
THENCE North 23 °41' 01" East, 314.55 feet to the POINT OF
BEGINNING;
THENCE South 56°24'38" East, 65.64 feet;
THENCE South 06°47'28" East, 255.64 feet;
THENCE South 89°25'49" West, 50.42 feet;
THENCE North 06°47' 28" West, 291. 71 feet to the POINT OF
BEGINNING and containing 0.314 acres (13,685 square feet) of
land, more or less.
91315001
..
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0196
D192184472
CITY OF NORTH RICHLAHD HILLS
POBOX 820609
MARK D BRADLEY
NORTH RICHLAND HILLS 76182
-W A R N lNG-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
F I LED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0: CITY OF NORTH RICHLAND HILLS
RECEIPT NO
192310095
REGISTER
DR92
PRINTED DATE TIME
09/24/92 09:52
INSTRUMENT FEECD
1 D192184472 WD
FILED TIME
920924 09:50 CA
TOT A L: DOCUMENTS: 01
FEE S:
10.00
..
..-'~
B Y:
ANY PROVISION WHICH R STRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
I S INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
I U·, -? :,-, ,..
I l ü 'J
0197
\:
,,~-
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 10/09/00
Subject: Approve Final Pay Estimate No. 7 in the amount of
$43,360.09 to Walt Williams Construction, Inc.
for Slaney Avenue Paving Improvements
PAY 2000-05
Agenda Number: .
This CIP project consisted of reconstructing Slaney Avenue with a new concrete street and
sidewalks on both sides of the street. The project began at Holiday Lane and ended at
Grapevine Highway (SH 26).
The project was awarded by Council on January 25, 1999, PW99-02 for $680,982.26 to
Walt Williams Construction, Inc. Final payment will make the contractor's total earnings on
the project $659,709.64, which is $21,272.62 under the contract amount. The project
savings are associated with unused paving, storm drainage and utility items.
The contractor substantially completed this project before the contract completion date of
November 19, 1999. The delay in processing this final payment was caused by the
contractor not submitting the final invoice until September 2000. Public Works staff
requested the final invoice several times over the past eight months and just received it
last month.
Recommendation: To approve final payment in the amount of $43,360.09 to Walt
Williams, Inc. for Slaney Avenue Paving Improvements,
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number 20-03-02-6000
Sufficient Funds AvallaOle
Finance Director
Page 1 of_
·
KNOWLTON-ENGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
September 15, 2000
Mr. Gregory W. Dickens, P.E.
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Re: 3-394, CITY OF NORTH RICHLAND. HILLS
BLANEY AVENUE PAVING IMPROVEMENTS
CONTRACTOR'S ESTIMATE NO.7 & FINAL
Enclosed is one (1) copy of contractor's Partial pay Estimate NO.7 and Final,
dated September 15, 2000, made payable to Walt Williams Construction, Inc., in
the amount of $43,360.09, for materials furnished and work performed on the
referenced project as of November 30, 1999.
The quantities and condition of the project have been verified on-site by your
representative, Mr. Ken Matheson, as indicated by his signature on the estimate
dated, September 11,2000, and we have checked the item extensions and
additions. The following is a summary of the final project status:
BLANEY AVENUE PAVING IMPROVEMENTS
CONSTRUCTION THIS TOTAL CONTRACT PERC
CPo I::buRY MONTH EARNINGS AMOUNT COMPL.
Paving $39,154.00 $589,838.02 $609,254.26 96.81%
Drainage 1,351.90 27,038.00 28,588.00 94.58%
Utilities 2,854.19 42,833.62 43,140.00 99.29%
TOTALS $43,360.09 $659,709.64 $680,982.26 96.88%
Calendar Days 225 225 100.00%
Contractor earnings total $659,709.64, which is $21,272.62 under the
construction contract amount of $680,982.26. A construction project status
report is enclosed which shows the difference in the as-built versus originally
estimated quantities of construction. Most of the project savings are associated
with unused paving, storm drainage and utility items such as asphalt prime coat,
misc. asphalt transition material, unused sidewalk concrete, extra storm drain
pipe, erosion control, water meter adjustments and unused contingency funds.
1901 CENTRAL DR., SUITE 550· BEDFORD, TEXAS 76021-5826· 817/283-6211 · METRO 817/267-3367· FAX 817/354-4389
September 15, 2000
3-394, CITY OF NORTH RICH LAND HILLS
BLANEY AVENUE PAVING IMPROVEMENTS
CONTRACTOR'S ESTIMATE NO.7 AND FINAL
The two year period of maintenance begins on this date and will terminate on
September 15, 2002. The maintenance obligation includes repair of storm drain
lines, water lines, breaks or stoppage resulting from improper embedment,
compaction, backfill or poor workmanship. The maintenance obligation also
includes sealing of pavement cracks, repair of pavement buckling or other
failures, along with failure of all concrete flatwork and other concrete structures.
In the absence of any negative comments concerning the condition of this
project, and after an Affidavit has been furnished by the Contractor affirming that
there are no outstanding claims against the Contractor associated with this
project, then we recommend that this final partial payment, in the amount of
$43,360.09, be made to Walt Williams Construction, Inc., 3501 Concrete
Street, Fort Worth, Texas 76107.
Please call if you have any questions concerning this project.
ß~·~
RICHARD W. ALBIN, P.E., Vice President
RW A/ra/Final Estimate No. 7.doc
Enclosures
Cc: Mr. Larry Cunningham, City Manager
Mr. Steve Norwood, Assistant City Manager
Mr. Mike Curtis, P.E., Assistant Director of Public Works
Mr. Ken Matheson, City Inspector
Mr. Richard Carr, Walt Williams Construction, Inc.
Knowlton-English-Flowers, Inc.
09/15/00, Page 2 of 2
·
CITY OF
'"
NORTH RICHLAND HILLS
'-..- Department: Planning & Inspections Department Council Meeting Date: 10/9/00
Subject: Motion to reconsider the request of Joe Wade for a Replat of Agenda Number:PS 2000-37
Lot 1 R, Block 1, Eaton Addition. This 1.5641 acre tract is located at the Southwest
comer of Harmonson Road and Rufe Snow Drive.
CASE SUMMARY
This item was considered by the City Council at the regular meeting held September 11 ,
2000. At that meeting, this plat was denied because no one was present at the meeting.
Mr. Wade has submitted a letter requesting reconsideration of the plat because he was
unable to attend the meeting because of a doctors appointment for his daughter.
Mr. Wade has requested approval of this replat to complete his current development at the
site. The purpose of this plat is to incorporate additional land to the West as part of the
development for a parking lot. This one-lot subdivision contains 1.5641 acres and fronts
onto Rufe Snow Drive and Harmonson Road.
Approval of this plat would dedicate a portion of the land as a public drainage easement
across the property. It is an advantage for the City to "clean-up" the drainage easement on
this plat. The proposed plat and development is in conformance with the current
Thoroughfare Plan and Comprehensive Land Use Plan
''"''-
RECOMMENDATION:
The Planning and Zoning Commission met on August 24, 2000, and voted 6-0 to
recommend approval of PS 2000-37 for a replat of Replat of Lot 1 R, Block 1, Eaton
Addition.
This plat meets all City regulations. The following motion is recommended:
Approval of PS 2000-37 for a Replat of Lot 1 R, Block 1, Eaton Addition.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
.....-
~~~
Department Head Signature
.....
Finance Director
L:\Cases\PS Cases\2000 Plats\PS 2000-09-41
Page 1 of 1
"
JOE & LINDA WADE
6420 D~OND LOCH
FORT WORTH. TEXAS 76180
PHONE 817-485-1777
SEPTEMBER 14, 2000
CITY OF NORTH RIcHLAND HILLS
7301 NE LOOP 820
NORTH RICHLAND IllLLS, TX 76180
ATTN: ADAMMlLES
I WAS NOT ABLE TO ATTEND THE CITY COUNCIL MEETING ON SEPTEMBER 11, 2000, TO
PRESENT A REQUEST FOR REPLAT OF LOT lR, BLOCK 1, EATON ADDITION, BECAUSE MY
DAUGHTER WAS IN THE HOSPITAL. THE DOCTOR WAS DUE IN AT 6:00 P.M.; HOWEVER, HE
DID NOT SHOW UP TILL 8:30 P.M.
PLEASE CONSIDER THIS REQUEST AT THE NEXT COUNCIL MEETING.
SINCERELY,
q cJ. W6<I.J
JOE v. WADE
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EATON ADDITION
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10.
PS-2000-37
CONSIDER REPLA T OF LOT 1 R, BLOCK 1 , EATON ADDITION AS
REQUESTED BY JOE WADE. THIS 1.5641 ACRE TRACT IS LOCATED AT
THE SOUTHWEST CORNER OF HARMONSON ROAD AND RUFE SNOW
DRIVE.
APPROVED
Mr. Adam Miles, Planner, came forward and addressed commission explaining
the request of the applicant.
Mr. Laubacher, seconded by Mr. Blue moved for approval. The motion carried by
a vote of 6-0.
11.
PS-2000-32
PUBLIC HEARING TO CONSIDER REPLAT OF LOTS 1,2, AND 3, BLOCK 1,
PARK OAKS ADDITION (BEING REPLAT OF A 0.726 ACRE TRACT OF
LAND KNOWN AS LOT 3, BLOCK 2, MCMURRAY ADDITION) AS
REQUESTED BY ARTHUR C. BOWDOIN. THE PROPERTY IS LOCATED AT
THE SOUTHEAST CORNER OF HARMON SON ROAD AND DAWN DRIVE.
APPROVED
The Chair opened the public hearing. Mr. Kevin Miller, Civil Engineer, came
forward to represent the request. Mr. Miller addressed the commission and
explained the request.
There were no other speakers for or against the request. The Chair closed the
public hearing. Mr. Nehring, seconded by Mr. Laubacher moved for approval.
The motion carried unanimously. 6-0
12.
PZ-2000-03
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO ALLOW A
CONVENIENCE STORE WITHIN TWO-HUNDRED FEET OF RESIDENTIAL
PROPERTIES AND APPROVAL OF SITE PLAN AS REQUESTED BY ANA
CONSULTANTS L.L.C. THE TRACT IS LOCATED IN HOLIDAY NORTH
Page 5 8/24/00
P & Z Minutes
"
CITY OF
NORTH RICHLAND HILLS
..
'I
......... Department: Planning & Inspections Department
Council Meeting Date: 10/09/00
SUbjectConsider Replat of Lot 1 RA & 3R2A, Block 7, Industrial Park Agenda Number: PS 2000-28
Addition as requested by Irving M. Groves, III, represented by Shemwell- Carter
Restaurants (Sonic). This 2.31 acre tract is located at 5647 Rufe Snow Drive.
CASE SUMMARY
The owner of this property is requesting approval of this replat of Lots 1 RA and 3R2A,
Block 7, Industrial Park Addition. This property contains 2.31 acres and is located at 5647
Rufe Snow Drive. This property fronts on both Rufe Snow Drive and Industrial Park Drive.
The purpose of platting this addition is for future development of the property. This tract is
currently zoned 12 Industrial and is appropriate for a variety of commercial, industrial and
retail uses. Although a user for Lot 1 RA has not been identified, the proposed use on Lot
3R2A is for a future Sonic fast food restaurant with drive-in service.
As a note, the applicant has requested abandonment of an existing easement along the
Western property line of what is currently platted as Lot 3R2. This easement is being
replaced by a new easement that will run along the new Western property line of Lot
3R2A.
"-
The Public Works Department has provided a memo from September 20, 2000 stating that
all previous engineering comments pertaining to this plathave been addressed. The
proposed plat and development is in conformance with the current Thoroughfare Plan and
Comprehensive Land Use Plan.
RECOMMENDATION:
The Planning & Zoning Commission met on Thursday, September 28 and voted 5-0
to recommend approval of Lot 1 RA & 3R2A, Block 7, Industrial Park Addition.
If the City Council determines that this plat meets all city regulations, the following
motion is recommended:
Approval of PS 2000-28 for a Final Plat of Lot 1 RA & 3R2A, Block 7, Industrial Park
Addition.
',,-
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other - ~
~ )J2~
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
Finance Director
~!~Æ
L:\Cases\PS Cases\2000 Plats\PS 2000-06-41 LotAR11nd Park.doc
Page 1 of 1
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Public Works / Administration
CITY OF NORTH RICHLAND HILLS
September 20,2000
MEMO TO: John Pitstick, Director of Development
FROM: Mike Curtis, P.E., Assistant Public Works Director
SUBJECT: INDUSTRIAL PARK ADDITION;
Block 7, Lots 1 RA and 3R2A
Replat
We have reviewed the subject documents submitted to this office on September 11,
2000. All previous comments pertaining to this plat have been addressed. This plat is
ready to be placed on the agenda for Planning and Zoning consideration.
11¡(~ k-t;
RMC/smm/p 000-182
P.O. Box 820609 * North Richland Hills, Texas * 76182-0609
7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404
7.
PS-2000-28
CONSIDER REPLAT OF LOTS 1RA & 3R2A, BLOCK 7, INDUSTRIAL PARK
ADDITION AS REQUESTED BY IRVING M. GROVES, III, REPRESENTED BY
SHEMWElL - CARTER RESTAURANTS (SONIC). THIS 2.31 ACRE TRACT
IS LOCATED AT 5647 RUFE SNOW DRIVE.
APPROVED
Mr. Rod Eckern of Hagan Engineering came forward to represent the request.
He explained that they were seeking approval of the plat for a Sonic Restaurant.
There was discussion relating to engineering comments for an additional fire
hydrant for full fire coverage of both lots and minor grading of the lot west of the
Sonic site. The Chair entertained a motion. Mr. Welch moved for approval with
the stipulation that all engineering comments be addressed. Mr. Davis
seconded. The motion passed unanimously (5-0).
Page 5 9/14/00
P & Z Minutes
~ .>--...- ··__··-..··.".·"··.-~__._m ......
:¡,
CITY OF
NORTH RICH LAND HILLS
\.....-
Department: Planning & Inspections Department
Council Meeting Date: 10/09/00
SUbject:Consider Final Plat of Lot 1, Block 1, Tapp II Addition as Agenda Number: PS 2000-43
requested by Zone Systems, Inc. This 21.33 acre tract is located at 5201 Rufe Snow
Drive.
CASE SUMMARY
Zone Systems has submitted an application requesting approval of the Final Plat of Lot 1,
Block 1, Tapp II Addition. This plat was originally presented as the Pretty M.T. Addition
during the Preliminary Platting stage, The purpose of this plat is to add additional land for
a parking lot on the West side of what is currently the Richland Pointe Business Center.
The parking lot will be used for vehicles associated with the new employer at the site.
'--
The waiver of sidewalk requirements was discussed during consideration of the
Preliminary Plat. During the September 14 Planning and Zoning meeting it was
recommended that sidewalks be added along the North side of Combs Drive from the
Southwest corner of this tract to the first drive entry on Combs. This has been indicated on
the construction plans.
The applicant has addressed all previous Public Works comments and has provided the
revised Final Plat as presented. The proposed plat and development is in conformance
with the current Thoroughfare Plan and Comprehensive Land Use Plan.
RECOMMENDATION:
The Planning & Zoning Commission met on Thursday, September 28 and voted 5-0
to recommend approval of Lot 1, Block 1, Tapp II Addition.
If the City Council determines that this plat meets all city regulations, the following
motion is recommended:
Approval of PS 2000-43 for a Final Plat of Lot 1, Block 1, Tapp II Addition.
~-
Source of Funds:
Bonds (GO/Rev.) - J
Operating Budget _
Other
~£.?~
Department Head Signature
Finance Review
Account Number
Sufficient Funds Available
Finance Director
~l(f¿e
L:\Cases\PS Cases\2000 Plats\PS 2000-06-41 LòtAR11nd Park.doc
Page 1 of 1
--
181.712 PIC
PS 2000-43
Final Plat - Lot 1, Block 1
Tapp II Addition
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6.
PS-2000-43
CONSIDER FINAL PLAT OF LOT 1, BLOCK 1, TAPP II ADDITION AS
REQUESTED BY ZONE SYSTEMS, INC., THIS 21.33 ACRE TRACT IS
LOCATED AT 5201 RUFE SNOW DRIVE.
APPROVED
Peter Kavanaugh of Zone Systems Inc. came forward and explained the request
to replat property for the purpose of adding land for a parking lot on the west side
of what is currently the Richland Pointe Business Center. Mr. Kavanaugh also
requested the waiver of sidewalk requirements on this plat.
Mr. Davis questioned the need for the waiver of sidewalks and expressed the
need to be consistent in requiring sidewalks. After discussion by the members it
was decided to recommend approval of a new sidewalk in front of the new
parking lot area that would tie into the Richland Pointe Business Center
driveway.
After additional discussion, the Chair entertained a motion. Mr. Davis moved for
approval with the stipulation that sidewalks be required in front of the new
parking lot on Combs. Mr. Laubacher seconded. The motion passed
unanimously (5-0).
Page 4 9/14/00
P & Z Minutes
NRH
Public Works I Administration
CITY OF NORTH RICHLAND HILLS
September 20,2000
.
MEMO TO: John Pitstick, Director of Development
FROM: Mike Curtis, P.E., Assistant Public Works Director
SUBJECT: TAPP II ADDITION; Block 1, Lot 1 ; Final Plat
(formerly Pretty M.T. Addition, Block 1, Lot 1)
We have reviewed the plat submitted to this office on September 20,2000. All previous
comments pertaining to the plat have been addressed. The plat is ready for
consideration from the Planning and Zoning Commission.
Jl!:iqCtt
MC/smm/p 000- 83
P.O. Box 820609 * North Richland Hills, Texas * 76182-0609
7301 Northeast Loop 820 * 817-427-6400 * FAX 817-427-6404
;.
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CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date:
10/09/00
'-
Subject: Consider Site Plan approval for NET Church located at Agenda Number: PZ 2000-39
8203 Starnes, being Lot 11 , Block 6, Crestwood Estates.
Background
NET Church is seeking approval of a site plan for the future development of the property into a
church facility. This 5.6 acre lot is located at 8203 Starnes directly to the West of the Winn-Dixie
and East of a residential subdivision.
NET Church has negotiated a shared access easement with Winn-Dixie to the East. This
shared entry will require re-Iocation of the existing entry. Staff has encouraged this entry to
eliminate the number of curb cuts on Starnes. This configuration will also allow several trees to
remain undisturbed on the site and provide natural screening for residential property owners to
the West. Additionally, this configuration is preferable to the Church.
It is important to note that the site plan as submitted would only be for the construction of Phase
I, which includes construction of the smaller structure shown on the plans (gym and
classrooms). Phase II includes the actual church sanctuary building. For Phase I, adequate
parking (39 spaces) has been provided. However, this number will have to be increased with
the development of Phase II and an additional site plan review will be required before Phase II
could be developed.
"- The site plan as presented meets the city Landscape and Sign regulations and has been
reviewed for conformance with applicable zoning regulations. Additionally, this Site Plan is in
conformance with the current Comprehensive Land Use Plan and Thoroughfare Plan.
RECOMMENDATION:
The Planning and Zoning Commission met on Thursday, September 14, 2000 and
recommended approval of PZ 2000-39 by a vote of 4-0 with stipulations that the light pole be
removed on the northwest comer of the lot. The revised site plan is corrected based on P&Z
recommendations.
If the Council determines that this site plan is acceptable, the following motion is recommended:
Approval of PZ 2000-39 for the Site Plan requested by NET Church located at 8203
Starnes.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
_ )JL ~
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Department Head Signature
Finance Director
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L:\Cases\PZ Cases\2000\PZ 2000-30-41 Rumfield SprtngOak.doc
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Site Plan - NET Church
8203 Starnes Road
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Consider Site plan approval for NET Church located at 8203 Starnes, being
Lot 11, Block 6, Crestwood Estates.
APPROVED
Mr. Jim Langford, Architect, came forward and addressed the Commission
concerning the request. Mr. Langford explained that the NET Church was
seeking approval of the Site Plan for development of the Lot into a Church facility
in the near future.
Mr. Langford explained that two site plans have been submitted for
consideration. He explained that the preferred plan is to have a shared entry
with Winn-Dixie to the East. Mr. Langford stated that they were in negotiations
with Winn-Dixie to obtain an easement to be able to share the drive but they had
not received a full commitment. Mr. Langford stated that the reason for the two
site plans rather than one was so that the process would continue while the
easement was being obtained. If the easement is not obtained then the single
entry would then be pursued.
Mr. Langford explained that originally, the plan was to have a single access off of
Starnes on the West side of the lot. This plan called for the removal of trees and
additional paving. Although this would be allowed, the preferred site plan was
developed and both plans were being presented. Both site plans meet city
requirements and Mr. Langford was seeking approval of both to go forward to
Council.
It was discussed that before the item is presented to Council that the easement
and shared access be approved by Winn-Dixie.
There was discussion about a light pole on the site plan. John Burnside, Pastor
of the NET Church came forward and addressed the Commission and asked for
their consideration.
After discussion, the Chair entertained a motion. Mr. Davis moved to approve
the site plan (s) with the stipulation that the site plan with the West entry have a
light pole height not to exceed 15 feet; and the site plan with the East entry to
remove the light standard indicated in the Northwest rear yard. Mr. Nehring
seconded. The motion passed unanimously (4-0).
Page 6 9/14/00
P & Z Minutes
'"
CITY OF
NORTH RICHLAND HILLS
r
"-...
Department: Planning & Inspections Department
Council Meeting Date:
1 0/09/00
Subject: Public hearing to consider the request of QuikTrip Corp., Agenda Number: PZ 2000-23
represented by McDonald & Associates, for a Special Use Permit for a convenience
store with gas sales within 200 feet of residential property at 5600 Davis, being Tract 17
J out of the·W. W. Wallace Survey, Abstract 1606. Request by applicant to continue
to October 23, 2000.
Background
QuikTrip Corporation has requested approval of a Special Use Permit for a Convenience Store
with Gas Sales within 200 feet of residential property at 5600 Davis Boulevard. This item was
considered by the Planning and Zoning Commission on September 28, 2000. At that meeting
this item was Tabled to the October 12, 2000 Planning and Zoning Commission meeting.
Because this item has been advertised for public hearing by the City Council on October 9,2000
and no recommendation has been made by the Planning and Zoning Commission, the applicant
is requesting continuance of this item to the October 23, 2000 City Council meeting. Please see
attached letter.
RECOMMENDATION:
If the Council determines that this item should be continued the following motion is
recommended:
Table consideration of PZ 2000-23, the request of QuikTrip Corporation for a Special Use
Permit for a Convenience Store with gas sales within 200 feet of residential property at
5600 Davis, to the October 23, 2000 City Council meeting.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
other = #
JbÍ2~
Finance Review
Account Number
Sufficient Funds Available
Department Head Signature
Finance Director
~~
L:\Cases\PZ Cases\2000\PZ 2000-30-41 Rumfield SpringOak.doc
McDonald
. .
Associates, PLLC
Writer's Direct Dial:
(972) 745-4301
Writer's E-Mail:
Mcdonald@landusetx.com
September 29,2000
John Pitstick
Director of Development Services
City of North Richland Hills
P.O. Box 820609
North Richland Hills, Texas 76182-0609
Re: QuikTrip City Council Date
At its September 28th meeting, the Planning and Zoning Commission continued QuikTrip
Corporation's request for an SUP in case no. PZ-2000-23 until its October 23, 2000
meeting.
Commissioner Davis conditioned his motion to table on QuikTrip's submission of a letter
requesting that the SUP request be withdrawn from the City Council's October 9, 2000
agenda. Therefore, QuikTrip hereby requests that the North Richland Hills City Council
delay its consideration of this matter until October 23, 2000.
As always, thank for your assistance.
Si;-¡ce¡ely,
-1~tt ~t VvtcJð\ia;kL
Brenda N. McDonald
270 N. Denton Tap, Suite100 .. Coppell, Texas 75019·· Phone 972-745-4300 .. Fax 972-745-4222
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QUIKTRIP
CONVENIENCE STORE
5600 DAVIS BOULEVARD
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PZ-2000-23
PUBLIC HEARING TO CONSIDER THE REQUEST OF QUICKTRIP
CORPORATION, REPRESENTED BY McDONALD & ASSOCIATES, FOR A
SPECIAL USE PERMIT FOR A CONVENIENCE STORE WITH GAS SALES
WITHIN 200 FEET OF RESIDENTIAL PROPERTY AT 5600 DAVIS, BEING
TRACT 17J OUT OF THE W.W. WALLACE SURVEY, ABSTRACT 1606.
TABLED
Ms. Brenda McDonald, Attorney, came forward and addressed the Commission
concerning the request. Ms. McDonald stated that QuikTrip was willing to meet
all requirements with the exception of the need for two driveways into the site.
Ms. McDonald introduced Mike Lloyd, Traffic Consultant for Kimley Horn to
explain the need for a secondary entrance for QuikTrip. Several questions were
asked about the driveway configuration and the amount of traffic for the
proposed convenience store. Mr. Steve Walker of QuikTrip also responded to
questions regarding peak hour traffic for a typical QuikTrip store.
The public hearing was continued with 5 area residents speaking in opposition to
the proposed QuikTrip. Mr. Dave Conti of 5621 Galway had concerns over too
many convenience stores in the area. He also had drainage and environmental
concerns. Mr. Gary Trazenski of 7825 Emerald Hills spoke in opposition with
concerns over conflicts with the existing bicycle trail. Ms. Cristina Lopez of 7817
Emerald Hills spoke in opposition with concerns over QuikTrip being too close to
residential, glaring lights and general concerns over the proposed detention
pond. Arlena Reaves of 7805 Emerald Hills spoke in opposition with several
concerns primarily relating to too many convenience stores in the area. Hewitt
Smith also spoke in opposition as the owner of the Redgate Apartments directly
west of the proposed convenience store. He had concerns over the ability to
rent apartment units with the proposed convenience store. Brenda McDonald
representing QuikTrip responded to concerns. She stated that QuikTrip would
be willing to relocate the bike path, the lights would be shielded from the
surrounding neighborhood, but QuikTrip would have to have two entrances to
the site.
After discussion, the Chair entertained a motion. Mr. Davis moved to table the
zoning request to Thursday, October 12, 2000. Mr. Laubacher seconded. The
motion passed (4-1). Don Bowen voting against the motion. It was a general
consensus that QuikTrip bring back a site plan fully addressing and clarifying
signs, landscaping, masonry calculations, staff review of the traffic impact
analysis, the need for 2 entryways, grading and elevations change, lighting and
relocating the bicycle trail.
Page 6 9/14/00
P & Z Minutes
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 10/09/00
'-
Subject: Public Hearing to Consider the Request of Winkelmann & Agenda Number: PZ 2000-20
Associates for a Zoning Change on 17.380 acres from R1 Single Family and C1
Commercial to PD-Planned Development for Home Depot, a Home Improvement Center
with Outdoor Sales and Display. The property is Located at the Northwest Comer of
Precinct Line Road and Mid-Cities Boulevard in the 9100 Block of Mid Cities Boulevard.
Ordinance #2521
CASE SUMMARY
Mike Clark of Winkelmann & Associates has submitted a zone change request to rezone a
total of 17.380 acres from C-1 Commercial and R-1 Single Family Residential to Planned
Development for a Home Depot home improvement center and related uses. This request
is a re-hearing of a zoning request originally heard on May 22, 2000. As a result of a
pending law suit, Winkelmann has requested to re-hear this case with a full 15 day
newspaper notice. This new hearing was published in the Saturday, September 23 Fort
Worth Star Telegram for a formal public hearing on October 9,2000 giving 16 days notice.
Following is a chronology of this case:
April 27, 2000 - Public Hearing and Recommendation of Denial by P&Z
Commission
May 22, 2000 - Public Hearing and 5-2 vote by City Council to approve Ordinance
#2483 with stipulations
September 14, 2000 - P&Z recommends approval of Final Plat for Home Depot
September 25, 2000 - City Council approves Final Plat for Home Depot
'-
This Planned Development is to provide for a home improvement center with outdoor sales
and display. Home Depot is proposing to construct a building containing 110,000 square
feet and a garden center containing 28,917 square feet.
The applicant has provided landscaping and parking that exceeds the City's requirements.
They are requesting a 20 foot pole sign on Precinct Line and a 12 foot monument sign on
Mid-Cities. These are in conformance with the Sign Regulations.
A traffic study has been completed for this site and the applicant has agreed to install a full
traffic signal at the main entrance to Home Depot on Mid Cities Boulevard directly across
from the entrance to Birdville Stadium.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Finance Director
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Department Head Signature
'--1
L:\Cases\PZ Cases\PZ 20002Q-41 a
Page 1 of 3
CITY OF
NORTH RICHLAND HILLS
Winkelmann is proposing to relocate the drainage way in a buffer/channel around the rear
of the Home Depot site. A final plat has been approved and a CLOMR (Conditional Letter
of Map Revision) has been presented to FEMA (Federal Emergency Management
Administration). An 8 foot masonry screening wall is proposed around the north and west
sides of the building with an extension on Mid-Cities in front of the loading area.
Winkelmann is requesting approval of the same site plan that was approved on May 22.
2000 with the on!y change being an optional right out only access to Martin Drive based on
their ability to acquire the necessary access easements.
This case does have a valid written petition of more than 20% of the adjacent property
owners that are in opposition and does require a super majority vote of at least 6
affirmative votes to approve this request.
RECOMMENDATION:
The City Council met on May 22,2000 and voted 5-2 to approval PZ 2000-20 with a
revised site plan and Ordinance #2483 with the following stipulations:
1. Hours of Operation for Home Improvement Center: 6:00am to 10:00pm Monday
through Saturday and 8:00am to 7:00pm on Sundays.
2. Truck Delivery Hours for Home Improvement Center: 7:00am to 7:00pm, Monday
through Saturday. No truck deliveries on Sundays.
3. Main Access to Precinct Line Road: No north bound left turns permitted.
4. Access to Martin Road: Right out only allowed with a truck barrier to only allow
customer traffic. (see attached drawing showing proposed striping for Martin Drive)
5. Traffic Signal at Mid Cities Access: A fully accessible traffic signal shall be installed at
the total expense of the home improvement center.
6. Deliveries on the northeast side of the home improvement center be limited to tool pick
up and delivery by the public.
7. Deliveries on the northwest side of the home improvement center be limited to lumber
pick up and delivery.
8. No overnight parking and storage of trucks or trailers allowed on the site.
The following items have been changed from the original site plan and are shown on the
new site plan:
· Relocating an 8 foot masonry wall closer to the building
· Providing an 80 to 100 foot landscaped buffer channel to the north, west and south
sides of the building
· Significant increases in trees and landscaping in buffer areas
· Changing the exterior façade to a split face concrete with limestone veneer finish
· Deleting outside storage areas fronting Mid Cities Boulevard. All outside storage areas
to be directly in front of building and not to be located in parking lot area
· Restricted access to Precinct Line Road at Wayne Lane and no additional driveways
for out parcels to Precinct Line Road
· Providing traffic light at Mid Cities Boulevard at Home Depot's expense
CITY COUNCIL ACTION ITEM
L:\Cases\PZ Cases\PZ 200020-41 a
Page 2 of 3
CITY OF
NORTH RICHLAND HILLS
If Council wishes to consider this case, staff would recommend the following motion:
Approval of PZ 2000-20 and Ordinance #2521 with the only change from the May 22, 2000
site plan approval to allow an optional right out only access on Martin Road depending
on the ability of Home Depot acquiring the necessary access easements to Martin Road.
ATTACHMENTS:
May 22, 2000 Minutes
New Ordinance #2521
Valid Petition from Property Owners
Proposed Striping for Martin Road
Original Site Plan for Home Depot with no access to Martin
Revised Site Plan (Approved May 22) with Landscape Plan and Building Elevations
L:\Cases\PZ Cases\PZ 200020-41 a PD Home Depot
Page 3 of 3
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REZONING REQUEST
9100 BLOCK OF MID-CITIES BLVD.
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NOTICE OF PUBLIC HEARING
OF THE NORTH RICH LAND HILLS CITY COUNCIL
CASE #: PZ 2000-20
Home Depot
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 this request. If you have questions
please call (817) 427-6300.
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 Request:
The public hearing is to consider the request of Winkelman & Associates on Lots 5A, 6A, & 7 A,
Block 2 of the Thompson Park Estates Addition, and land out of the T.K. Martin Survey, A-1055
for a total of 17.380 acres of land from C1-Commercial & R1-Single Family to PO-Planned
Development for a Home Improvement Center and related uses. The property is located in the
9100 Block of Mid Cities Boulevard.
When:
MONDAY, OCTOBER 9, 2000
7:00 P.M.
PUBLIC HEARING - CITY COUNCIL
Time:
What:
Location:
PUBLIC HEARING· CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Staff Presentation
Applicant and Other Speakers' Presentation
Public Input, Neighborhood Associations, Property Owners Within 200 feet, Interested Citizenry
Questions from Planning and Zoning Commission for Applicants, City Staff and Guests Present.
M:\Property Owner Notification\PZ\PZ2000-20a Winkelman & assosciates homeowners doc.doc
Case #: PZ 2000-20
Home Depot
The following property owners are listed in the 2000 Tarrant Appraisal District tax rolls. They fall
with in 200 feet of the subject tract and have been notified.
6425 Precinct Line Rd
Thompson Park Estates Addition
Blk 1 Lot 15A, 16A, & 17
9108 Martin Dr
Thompson Park Estates Addition
Blk 1 Lots 1 & 2
9200 Martin Dr
Thompson Park Estates Addition
Blk 1 Lots 3 & 4
9204 Martin Dr
Thompson Park Estates Addition
Blk 1 Lot 5
9216 Martin Dr
Thompson Park Estates Addition
Blk 1 Lot 8 A 1055 TR 4A02A
9212 Martin Dr
Thompson Park Estates Addition
Blk 1 Lot 9& 10
9228 Martin Dr
Thompson Park Estates Addition
Blk 1 Lot 11
Precinct Line Rd
Martin, Tandy K Survey
A 1055 TR 4A02 & 12G
Lot 6&7, Blk. 1, Thompson Park
Estates Addition
Cardinal Ln
Martin, Tandy K Survey
A 1055 TR 12G01 & 4A02C
9100 Martin Dr
Parkman Addition
Blk 1 Lot 1
6328 Rogers Dr
Parkman Addition
Blk 1 Lots 2,3,4, & 5
Bertelsen, H Keith
2600 Rosebud Ln
Ft. Worth, TX 76118-6730
Littlefield, Kevin & Patricia
9108 Martin Dr
North Richland Hills, TX 76180
Bulmahn, Scott M
1406 Sandpiper St.
Grapevine, TX 76051
NRH
Phillilps, Kimberly Ann Hawkins
9216 Martin Dr
North Richland Hills, TX 76180
Taggart Barbara
9212 Martin Dr
North Richland Hills, TX 76180
Wills, Edward Etux Betty
9228 Martin Dr
North Richland Hills, TX 76180
Souder, William
305 Brookridge
Hurst, TX 76054
Birdville ISD
6125 East Belknap
Haltom City, TX 76117
Buckingham, Dennis M
9100 Martin Dr
North Richland Hills, TX 76180
William E Hill
328 W Cheryl Ave
Hurst, TX 76053
6405 Rogers Dr
Parkman Addition
Blk 1 Lot 6 & 7
6305 Precinct Line Rd
Thompson Park Estates Addition
Blk 2 Lot 1R
6321 Precinct Line Rd
Thompson Park Estates Addition
Blk 2 Lot 3A, & 4A
Precinct Line Rd
Thompson Park Estates Addition
Blk 2 Lots 3B, 4B, 4C, 5B,6B & 7B
6401 Precinct Line Rd
Thompson Park Estates Addition
Blk 2 Lot 5A
6409 Precinct Line Rd
Thompson Park Estates Addition
Blk 2 Lot 6A & 7 A
9104 Martin Dr
Parkman Addition
A 1055 TR 12E
(out of city)
Gerard, Michael D Etal
216 Johnson Rd
Keller, TX 76248-3442
H&H Oil Co. Inc.
901 Ferris Avenue
Waxahachie, TX 75165
Budd, John L Etux Jacqueline
6901 Meadow Rd
North Richland Hills, TX 76180
Texas, State Of
PO Box 6868
Ft. Worth, TX 76115
Gunter, Elsie
4809 Lakewood Dr
Colleyville, TX 76034-2832
Woodvale Development Inc.
189 Harwood Rd
Hurst, TX 7605
Alma West
9104 Martin Dr
North Richland Hills, TX 76180
City of Hur~t
Planning Dept
1505 Precient Line Rd
Hurst, TX 76054
16.
PZ 2000-20 - APPEAL PUBLIC HEARING TO CONSIDER THE REQUEST OF
WINKELMANN & ASSOCIATES FOR A ZONING CHANGE ON 17.681 ACRES FROM
R1 SINGLE FAMILY RESIDENTIAL AND C1 COMMERCIAL TO PD PLANNED
DEVELOPMENT FOR HOME DEPOT, A HOME IMPROVEMENT CENTER WITH
OUTDOOR SALES, RENTAL AND DISPLAY (PROPERTY LOCATED AT THE
NORTHWEST CORNER OF PRECINCT LINE ROAD AND MID-CITIES BOULEVARD
IN THE 6400 BLOCK OF PRECINCT LINE ROAD) - ORDINANCE NO. 2483
APPROVED
Mr. Mike Clark, applicant, advised Council that the site being presented tonight has
been modified from what was originally presented at the Planning and Zoning Public
Hearing held on April 27,2000. The following items were modified from the original
request:
· Relocating an 8 foot masonry wall closer to the building
· Providing an 80 to 100 foot landscaped buffer channel to the north and west
sides of the building
· Significant increases in trees and landscaping in buffer areas
· Changing the exterior façade to a rock or stone finish
· Addressing the traffic issues as outlined by the City's traffic consultant
· Will provide a sewer line along the west property line (allowing property
owners to tie into if they wish)
· Restrict hours of operation to 6:00 am - 10:00 pm
· Deletion of proposed outdoor storage areas along the garden center (fronting
Mid Cities Boulevard)
· Area defined specifically for outdoor sales and display to be -
>- Directly in front of the Home Depot building (not to be within the vestibule
or paved area in front of building and not to be located in the fire lane or
parking lot) the paved area will be shown on the final site plan.
· Restricted access to Precinct Line Road to a single driveway and eliminate
future out parcels to no additional driveways (per homeowner comments)
· Provide a signal at Mid Cities Boulevard median (Home Depot's expense)
Mr. Clark introduced the following representatives from Home Depot:
Heather Pratt, Community Affairs Manager, Troy Rice, Vice President of
Operations, Robby Rockwell, District Manager, Chris Freeman, Store Manager
and Barbara Leftwich, Traffic Consultant
Mr. John Pitstick, Director of Planning, advised Council there were changes to the
original site plan since the request went before the Planning & Zoning Commission. He
also advised Council that the City received a formal petition against the site plan for
Home Depot that was presented at the Planning and Zoning Commission Public
Hearing held on April 27,2000. Approximately 125 property owners signed the petition
opposing Home Depot, but only 14.9% of the area within 200 feet of proposed zoning
change. Since 20% was not obtained the action by Council will not require a super
majority vote (three fourths).
Home Depot is requesting the following variances from the existing ordinance:
· Not require a masonry screening wall around the front corner lot
· Delete the screening wall at the trash compactor
· Delete the cul-de-sac requirements at the west termination of Wayne Lane (in
an effort to-offset that requirement Home Depot will dedicate a public access
easement along the back row and restrict access to these out parcels with no
additional driveway on Precinct Line Road. Patrons will have to access off the
public access easement.)
· Allow open channel to be unlined to satisfy the Corps of Engineers mitigation
requirements
· Allow exterior building elevation articulation variations from the ordinance on
the front and side elevations facing Precinct Line Road and Mid Cities
Boulevard
· Delete screening requirements for transformer and generator due to location
on site
· Permit garden center use
· Permit garden center fence height increase (12 feet)
Mr. Pitstick advised Council that this property has not been platted. When the property
is platted there will be a detailed drainage study on the drainage channel. Home Depot
has requested (2) 20-foot pole signs to be located on Mid Cities Boulevard and Precinct
Line Road.
The Planning and Zoning Commission at their April 27 meeting recommended denial
for this zoning change request.
Mr. Clark addressed Council's safety concerns regarding Home Depot's request for a
right and left out onto Precinct Line Road and gave the following option for the
northbound traffic. Home Depot would suggest a one-way, exit only, right turn on T.K.
Martin twelve (12) feet wide. The signal would address Council's concern with safety
and traffic congestion on Precinct Line Road. Mr. Clark advised Council that Home
Depot is committed to restriping Precinct Line Road for the deceleration lane.
Councilman Tolbert inquired about the 40 foot lights on the property. He asked Mr.
Clark if Home Depot would consider changing the size.
Mr. Clark advised Council the 40 foot lights are the current proposal and that would be
the standard size light for any commercial property. He has no problem restricting the
three lights to 25 feet.
Councilman Tolbert asked Home Depot if they would turn the three lights off after 10:00
p.m. He asked that the lights be set on a timer.
Mr. Troy Rice, Home Depot, advised Council that Home Depot would dim the lights
once the store is closed. The primary reason for lighting is safety, both for the patrons
and associates. Mr. Rice said the lights could be set on a timer by way of energy
management.
Councilman Tolbert also asked that Home Depot limit the hours of refuge pick up to no
earlier than 7:00 am or later than 10:00 pm.
Mr. Clark advised Council he had no problem with the refuge schedule.
Councilman Tolbert confirmed with Mr. Clark that Home Depot would provide
permanent irrigation in all places that have landscape. Mr. Clark confirmed they would
provide permanent irrigation with exception of the drainage area on the west side of the
building.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak for a
group of ten or more people to come forward. There being no one wishing to speak as
a group representative, the Mayor asked for any individuals wishing to speak in favor to
come forward. There being no one wishing to speak, the Mayor opened the public
hearing to opposition. The following individuals spoke in opposition of request:
. Jan Patterson, 9021 Valley View; Faye Rogers, 6417 Rogers Drive; Charles Rogers,
6417 Roberts Drive; Buddy Scribner, 6400 Chilton Drive; Kadin Norder, 6409
Whitney Court; Jo-Anne Beveridge, 6504 Parkway Avenue; Dennis Buckingham,
9100 Martin Drive; Kevin Littlefield, 9108 Martin Rd; Michael Gerard 6405 Rogers
Lane; Robin Eddins, 8628 Crestview Drive; Margy Agar, 6501 Parkway Avenue; and
Claudia M. Thompson, 6512 Parkway Avenue.
The Mayor received a petition opposing Home Depot. The names on the petition are
listed below:
· Mark & Rose Dudney, 6500 Valley View Drive; Kevin Littlefield, 9108 Martin;
Barbara Faggart, 9212 Martin Rd; Kim Phillips, 9217 Martin Drive; Nicole
Buckingham, 9100 Martin Drive; William Jenks, 9008 Martin Drive; Judy
Buckingham, 9100 Martin; Susan Ortiz, 9012 Martin; Dr. Charles Rogers, 6417
Rogers Drive; Faye Rogers, 6417 Rogers Drive; Patricia Gerard, 6401 & 6404
Rogers Drive; Michael Gerard, 6401 & 6404 Rogers Drive and Dennis Buckingham,
9100 Martin Drive.
The Mayor read into record those opposing whom wished not to speak. They are as
follows:
. Mark & Rose Dudney, 6500 Valley View Drive; Bryan & Stephanie Wilkinson, 6504
Valleyview; Doug Roland, 6501 Valley View Drive; Dr. Peggy J. Cook, 6516
Parkway Avenue; William C. Martin, 6629 Chilton Drive; William S. Martin, 6629
Chilton Drive; Michael P. O'Donnell, 6729 Rolling Hills Drive; and Margio Dorman
O'Donnell, 6729 Rolling Hills Drive.
Mayor Scoma had a request from Casper Naegle, 7108 Stephanie Court to record her
support for Home Depot.
There being no one else wishing to speak Mayor Scoma closed the Public Hearing.
Councilman Metts wanted to know what the concession was if any, on the traffic.
Council discussed whether to have an exit only on Martin.
Mayor Scoma advised Council that there has been no definitive decision. The
recommendatiòn is a left out and right out on to Precinct Line. Council may elect to
change that at the time of the motion.
Councilman Welch asked if there was anyway that the City could limit traffic on Martin
so they could not go west on Martin.
Mr. Dickens advised Council that there are ways to discourage the traffic. Short of
putting down spikes the City can not totally eliminate the traffic from traveling through
the neighborhood. However, to discourage the traffic the City could construct a
headache bar.
Councilwoman Johnson moved to approve PZ 2000-20 for a Planned Development for
a home improvement center including a garden center with outside display and sales
and the site plan as presented by Ordinance No. 2483 with the following provisions:
· Hours of Operation 6:00 am -10:00 pm, Monday - Saturday and
8:00 am - 7:00 pm on Sunday
· Three parking lights on the south and west sides of the main building
not to exceed 15 feet in height
· Outdoor storage and sales area will be allowed in areas approved and
located by the City Staff and placed in writing
· Truck delivery hours of 8:00 am - 9:00 pm, Monday - Saturday and no
deliveries on Sunday
· Right-in and right-out on Precinct Line Road
· Right-out only on Martin, with a median placed in the street and a truck
headache barrier to keep the traffic from going to the left
· Addition of three speed bumps on Martin to be located by City Staff and
funded by Home Depot (Councilwoman Johnson realized after the
Council Meeting this requirement is in conflict with current City
Ordinances. Traffic calming on Martin will be looked at in the future)
· All commitments made by Home Depot this evening are to be added to
the site plans
Home Depot is committed to restriping Precinct Line Road for the
deceleration lane
Home Depot would dim the lights once the store is closed via timers
limit the hours of refuge pick up no earlier than 7:00 am or later than
10:00 pm
provide permanent irrigation in all places that have landscape
· Additional Landscape on Mid Cities Boulevard where it abuts the
building
Councilman Metts seconded the motion.
Councilman Metts asked that the Police Department enforce the restricted left-hand
turn on to Martin to compliment the discouragement of the headache barrier.
Councilman Mitchell asked Councilwoman Johnson to amend her motion to include:
· There be no traffic on Martin
· Delivery Hours from 7:00 am - 7:00 pm
Councilwoman Johnson denied the amendment regarding traffic on Martin but agreed
to amend her motion to modify the delivery hours to 7:00 am - 7:00 pm.
Councilman Metts seconded the amendment.
Councilman Trevino asked Councilwoman Johnson to amend her motion to include:
· Deliveries on the northeast side be limited to tool pick up and delivery by the
public.
· Deliveries on the northwest side be limited to lumber pick up and delivery
· No overnight parking and storage of trucks or trailers on the site
Councilwoman Johnson accepted and Councilman Metts seconded the amendment.
Councilman Mitchell asked Councilwoman Johnson to reconsider the amendment of no
traffic on Martin, in consideration of the close proximity to the school.
Councilwoman Johnson denied the amendment.
Motion to approve carried 5-2; with Mayor Pro Tem Welch, Councilmen Metts, Tolbert,
Trevino and Councilwoman Johnson voting for and Councilmen Mitchell and Phifer
voting against.
ORDINANCE NO. 2521
AN ORDINANCE OF THE CITY OF NORTH RICH LAND HillS,
TEXAS, AMENDING THE ZONING ORDINANCE TO ESTABLISH A
PLANNED DEVELOPMENT DISTRICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has reviewed a rezoning
request on a tract of land identified in Case Number PZ 2000-20; and
WHEREAS, the developer has indicated an interest in establishing the proposed
development as a planned development district under the guidelines of the North
Richland Hills Zoning Regulations; and
WHEREAS, the City Council has determined that the development conditions of
this tract of land do not provide adequate opportunities for development under
available existing zoning district regulations; and
WHEREAS, after appropriate notice and public hearing, the City Council of the
City of North Richland Hills has approved an amendment of the Zoning Ordinance
by establishing a Planned Development District and by changing said Zoning
Ordinance as set forth herein; now therefore,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH
RICH LAND HillS, TEXAS:
1.
THAT, in Case Number PZ 2000-20, the following described property, attached
as Exhibit A, Location Map, shall be rezoned from C-1 Commercial and R1 Single
Family Residential to establish a Planned Development District with specific
development regulations on 17.380 acres of land including Tract 4A2 Tandy K
Martin Survey #1055 and Lots 5A, 6A and 7 A, Block 2, Thompson Park Estates.
2.
THAT, the purpose of this Planned Development District is to provide for a home
improvement center including a garden center with outside display and sales
areas. The permitted uses and development regulations for this planned
development district shall be as follows:
Ordinance 2521
Page 1
1. Permitted Uses:
A. Home improvement center including garden center with outside display
and sales areas constructed in accordance with the site plan and
building elevations attached as Exhibit No. B.
B. Retail, Office and Commercial Uses permitted in the C-1 Commercial
zo.ning district as provided in the table of permitted uses. Prior to the
issuance of a building permit for any development, a site plan for each
development shall be submitted to the Planning & Zoning Commission
for review and comment and forwarded to the City Council for approval.
2. Hours of Operation for Home Improvement Center: 6:00am to 10:00pm
Monday through Saturday and 8:00am to 7:00pm on Sundays.
3. Truck Delivery Hours for Home Improvement Center: 7:00am to 7:00pm,
Monday through Saturday. No truck deliveries on Sundays.
4. Main Access to Precinct Line Road: No north bound left turns permitted.
5. Access to Martin Road: Optional right out only with a truck barrier to only allow
customer traffic. Option is allowed based on the ability of Home Depot to
acquire necessary access easements to Martin Road.
6. Traffic Signal at Mid Cities Access: A fully accessible traffic signal shall be
installed at the total expense of the home improvement center.
7. Deliveries on the northeast side of the home improvement center be limited to
tool pick up and delivery by the public.
8. Deliveries on the northwest side of the home improvement center be limited to
lumber pick up and delivery.
9. No overnight parking and storage of trucks or trailers allowed on the site.
3.
That, the development regulations are hereby amended, and specifically, the C1
Commercial Zoning District regulations which are not in conflict with the terms of
this Planned Development District shall govern development on said property,
except as follows.
1. A six (6) foot masonry fence shall not be required to be constructed along the
property line that abuts Lots 3A & 4A, Block 2, Thompson Park Estates.
2. A screening wall will not be required to be constructed directly adjacent to the
trash compactor at the southwest corner of the building.
3. The exterior building elevation articulation is specified on the site plan.
4. A garden center or retail sales of nursery products is allowed with specific
outside display and sales areas defined by the attached site plan.
4.
Ordinance 2521
Page 2
That, all provisions of the Zoning Regulations of the City of North Richland Hills,
as amended, which are not in conflict with the terms of this Planned Development
shall remain applicable on said property, and the provisions of the C1 Zoning
District shall apply to this property to guide development, except where amended
herein.
5.
That, the Zoning Map of the City of North Richland Hills be amended to reflect this
planned development district.
6.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the section, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared invalid or unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any
such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
7.
SAVINGS CLAUSE. That the Comprehensive Zoning Ordinance of the City of
North Richland Hills, Texas, as amended, shall remain in full force and effect,
save and except as amended by this ordinance.
8.
EFFECTIVE DATE. This ordinance shall be in full force from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL THIS 9th DAY OF
OCTOBER, 2000.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
Ordinance 2521
Page 3
APPROVED AS TO CONTENT
~.£~
Department Head
APPROVED. AS TO FORM AND LEGALITY:
Attorney for the City
Ordinance 2521
Page 4
.". '-'--~....~',,--,- .,,,""~. -_.-.__..._~"
Petition of Landowners within 200 feet of Proposed
Home Depot
We, the undersigned, vehemently oppose a change in zoning
from residential to either a Planned Development or '
Commercial to allow for a business, such as Home Depot.
Allowing a rezoning for this type of development endangers
our children, our homes, our neighborhood and our schools.
.
Name
Address
Phone#
90 I 2 ~ ()r, G,5è... - Ô2 ¿, J
bøo WUGIf 1.l1~ g4; b,t;J t ð ç
·
·
·
·
.
4CfB-
SlY -Q'2 35
-(
·
Citizens against Home Depot Petition
We, the undersigned, vehemently oppose a change in zoning
from residential to either a planned Development or
Commercial to allow for a business, such as Home Depot.
Allowing a rezoning for this type of development will
endanger our children, our homes, our neighborhood and our
schools.
Phone#
- -----'-----~~~--'"--.-~"->"..,,._.~__.,'~ __"0_"~__,~,__...,~
Oct-09-00 04:3BP Dr. Charles Rogers - Fait
~
~
~
~
~
u.:J
Fax Cover This Is a confldendal message, Intended solely for the person to whom
it is addressed. If you receive this message in error, please forward it
to the correct penon, or mail it back to us. Thank you.
To City Council of North Richland Hills. Texas
Attention: Patricia Hudson. City Secretary
Fax No. (8170427-6016
From CHARLES R. ROGERS
DatefTime 10/9/00 at 3: 17PM
Subject Useful Information for the City Council regardlnr tonlghts Citizen's
Presentation.
Pages 4. including this one
Ms. Hudson;
You may wish to forward this information to the City Council
members. I will be sharing it during the Citzens Presentation at the
Council meeting.
I have included a copy of the recent Star Telegram article that relers
to the fact that Keller was held responsible for relocating a drainage
ch.mnel that subsequently caused floodinf on citizens property.
Thank Y CU. See you tonight.
cL~ ¿~:
Charla Rogen; ~
Doctor of Ministry
Received Oct-09-00 03:07pm
From-
To-City Of North Rlchla
P.Ol
6417 Rogers Dr.
NOM Richland Hill.. TX
76180-4817
Fax (8 17)28 , -0207
Page 01
Oct-09-QO 04:54P Dr. Charles Rogers - Fait P.Ol
CONCERNS ABOUT HOME DEPOT REZONING
A Home Depot store of this size will cause increased risk to pedestrian and bike riding safety,
increased traffic, increased noise, increased lighting, and devaluation of homeowners' properties.
1 respectfully request that you deny Home Depot's request to rezone this property.
If, however, you still choose to approve Home Depot's zoning request, I respectfulIy ask that you
address the following concerns and consider the following requests that would make it more
agreeable to the neighborhood.
1. We respectfully request that here be DO Martin Drive Exit.
A. The proposed exit on Martin Drive would be unsafe for neighborhood school children who
walk or ride bikes to and from school.
B. [n their Final Plat, Home Depot did not request that lots 6 and 7 of Thompson Park
Estates be rezoned as Commercial or Planned Deveiopment. Does the City Council intend
for the 40 foot public access easement located on lot 7 to be the Home Depot northbound
exit?
L Would that not be routing commercial traftic through a residential zoning and
therefore, be inappropriate and iI1egal?
C. The majority of the citizens who live near to the proposed HomeDepot, object to having
an exit on Martin Drive and would like assurances that it will not be an exit for
northbound Home Depot traffic.
II. Address Our Concerns about Relocation 'of Floodplain and Drainage Channel.
A. We would like assurances that the moving of the drainage channel will not negatively
affect the citizens on the north and west side of the Home Depot property and their
ability to obtain flood insurance if the moving of the drainage channel should make such
insurance become necessary.
B. Wouldn't the city be liable if a flood should occur and homes and properties were
damaged as a result of the moving of the drainage channel and a subsequent, damage
causing flood?
C. According to the Corp of Engineers Home Depot has not been approved for a General
Pennit to relocate the floodplain drainage channel. What will happen if the Corp of
Engineers refuses Home Depot this permit?
III. We respectfully request Enhancements to the Buffer Zone.
Received Oct-Og-OO 03:23pm
From-
To-City Of North Richla Page 01
Oct-09-QO 04:55P Dr. Charles Rogers - Fa;t
P.02
A. We respectfully request a children's neighborhood playground with first
quality, safe, playground equipment built on lots 5, 6, and 7 of Thompson Park Estates
and 90 feet of the Home Depot buffer property that parallels those tots on the south.
Expense of these enhancements should be borne by the developer.
1. We respectfully request parking for 10 cars situated on Jot 5, 6. or 7 of Thompson
Park Estates at the developer's expense, preserving as many native trees as possible.
B. We respectfully request a nature trail for walking. jogging, or biking
beginning on the west side oflot 5 of Thompson Park Estates and situated on the wider
side of the proposed, relocated drainage channel and extending to Mid-Cities Boulevard
at the developer's expense.
C. We respectfully request appropriate landscaping that win blend in with the existing
native trees at the developer's expense.
D. We respectfully request a ten (10) foot masonry screening wall rather than the proposed 8
foot wall, and that the screening wall extend across lots S, 6, and 7 of the
Thompson Park Estates.
I am willing to participate in discussions with the City of North Richland Hills, Home Depot,
and interested citizens of North Richland Hills to achieve these request.
~~.4~
Dr. Charles Rog€rs
6417 Rogers Drive
North Richland Hil1s, TX 76180
Telephone: (817) 498-359
Fax: (817)281-7177
E-mail: crogers2@tlash.net
(2)
Received Oct-09-00 03:23pm
From-
To-City Of North Richla Page 02
Oct-09-00 04:55P Dr.
~. ......
Charles Rogers
- Fa;t
www.star-t.c:legcam.com·
Keller drainage la""suit
may affect liability làw ·
BY MITCH MITCHELL
SIM.Telegram Sloff Writct
KELLER - Two families who
sued the city hav~ been awarded
$287,000 in a drainage case that
attorneys said could grow to have
statewide ramifications.
Attorneys in the case said that
state District Judge Jeff WBIker
will let stand a jury mUng that
Keller intentionª~IYQi~erte4the
zrr~~'Y~~{~~f
John and Grace Wilson añd 'llie
propeny of their son and daugh-
·ter·in-Iaw, Johnny and Nancy
Wtlson.
, , 'The court was asked to decide
whéther the city wasâtfau1t
becaúse'it '¡Ipproved' the' drainage
,systems ;t~at;'tlïéWilsons 'såid
caûsed"tÞeU: propertytoftò.od.' or
, '~êttìêr;'dèvél<?peíS;w,eœ·:'tespopÀ
'šiblëï;e"Caû'šëlhëyõÛÍ)t" àÏÎ,f'engi-
neered the drainage systems for
two subdivisions north of the'
Wilsons't-.md""i··.'~>; .
Texas citiêag~~¢ì:â1]yare not
held liab1éfor tb~'~giIleering and
(Mllr\: onl.A WSÚIToft"Phge 14ß}'
--..-.--.--
--'
.,.-.---.--"
..--.-
P.03
LAWSUIT
From Page lB
design work done, by a property
ow[.~ or a developer. But the
WiÌSôn ruling could change the
Nay cities statewide do business,
Keller City Attorney Stan Lowry
said.
"If this judgment stands, it has
very serious ramifications," he
said. "It says that cities wilI be
sole]y responsible for drainage
systems that are solety designed
by the development community
and not the city."
The families' attorney. David
Casey, argued that because Keller
approved the drainage systems, it
bears the liability. Casey said his
clients were being "inundated"
with water from two develop-
ménts that the city approved.
Water from the developments was
crossing the city's easement, and
the city was not SLOpping the flow,
be said.
+ "The case stands for the idea
that if the city will, approve some-
thing, they. need to make sure
.---_._~.. .
Received Oct-09-00 03:23pm
what they approve doe~n't injure
other people," Casey said:' <l'hey ,
need to look at the plan and make
sure they took at the downstream
consequences of this water to see
who will be impacted andhow."
Should the ruling stand. the
city is likely to appeaJ, itS attor-
neys said.
Texas Rover Realty developed
the Estates of Oak Rul1, and Tri-
West developed Rartcho Serena,
the subdivisions north of the WIl·
son land.
'Jobn Wilson said he raises hay
and cattle on his 25 acres south of
Shady Grove Road. He said water
from the subdivisions created five.
ditches in his land and washed
away more than 18 inches of ~op·
soil.
. But Lowry sai d testimony
shbwed that the ~evelopments did
nothing to increase the water flow
onto the Wùsons' land; .¡.,.
"The Wilson proþerty flooded
no more than it ever has," he said.
"Water has always gone across
the Wilson property, and testimo-
ny reflected that."
The city's attorneys said they
. are perplexed as to why the devel-
..-.--.-...-..----
From-
opees did not bear at least part of
thê1iability.
Tri-West and Bursey Residen-
tial Limited, and Texas Rover
. Realty and Bursey Joint Venture
were named in across-complaint
by the city. The complaint was
dismissed by the judge, said Dou-
glas Conn!::r, the city's trial attor-
ney. Keller was the sole parry
found resppnsibLe in the case.
Bcn Barlow, an attorney who
represented Texas Rover Realty,
said the developers followed the
city's directions. The case against
the developers was dismissed
because they designed the
drainage system according to city
standards, he said.
"We were like innocent
bystanders standing on the curb, ,-
Barlow said. "We did everything
the city asked of us, ~nd we got
sued."
Walker is expected to issue his
written decision within 30 days,
attorneys for both sides said. It is
possible tbat Walker will a.'~k the
pa.rties to re-enter settlement
negotiations, Lowry ::aid. If there
is a settlement and the case is not
appealed. no precedent would be
'To-City Of North Richla
StÚ, said Rodney ClIbb. a.
ney with the ll1inois-bascd
can Planners Association.
".Both parties have a fl'
s~ttle," Lowry said. ''The I
could have the ruling rcve
appeal, and the city runs
of having the ruling aftìrm.
Mitch Mitchell, IKI71 C.KS-J
mi w/¡mÎl( 0)a(11I (¡Þ,HCl r- /(·/(I.t: I m,1
r-·----·----:--
.----.--
I
Pa&e 03
CITY OF
NORTH RICHLAND HILLS
"-
Department: Administration Council Meeting Date: 10/09/00
Subject: Consideration of JoininQ the City of Denton vs. TXU Agenda Number: GN 2000-117
Electric and Gas Litigation - Resolution No. 2000-80
Earlier this year Wharton, Galveston, and Pasadena won a multimillion dollar judgement
against HL&P (Houston Lighting & Power). HL&P is now known as Reliant Energy. The
case was based on claims by the cities that HL&P had intentionally underpaid franchise
fees to the cities. The judgement included punitive damages totaling over $30 million and
actual damages of $3.4 million.
The cases were based on how franchise fees were calculated and from what revenues
they were calculated. The issues involved are as follows:
1 . Wholesale sales to other utilities
2. Wheeling
3. Customer Pay Jobs
4. Miscellaneous charges
5. Pole attachment or rental charges
6. Franchise fee charge ("fee on fee")
7. Discount on factored customer accounts.
TXU doesn't practice all of the things that HL&P was found guilty of, but they do some
\......... things that are similar. Damages were found on HL&P's handling of items 3, 4, and 7.
HL&P really hurt their case by one particular practice. It seems they were selling
(discounting) their account receivables to an agency (partially owned by HL&P), and
collecting the franchise fee only on the discounted amount. HL&P's agency received
revenues in excess of the discounted accounts, and those revenues had no franchise fees
paid on them.
Current Status:
The City of Denton has filed suit against TXU Electric and Gas on similar issues. During
original discovery, Denton found TXU to be less than forthcoming with requested
information and even saying that certain data was no longer available. Apparently enough
information was gathered for Denton to believe that TXU had some problems similar to
HL&P. Denton has been granted a TRO restraining TXU from removing, altering and/or
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
,~
Finance Director
Page -Lof -ª-
..
CITY OF
NORTH RICHLAND HILLS
destroying records related to payments of franchise fees to municipalities in the State of
',--
Texas from 1982 to the present.
A consultant hired by Denton estimates that TXU Electric owes Denton over $256,000 for
the years 1987 - 1998 and that TXU Gas owes Denton $861,000 for the years 1982 -
1998. TXU only has 300 electric customers in Denton, although a much larger number are
with TXU Gas. Strassburger & Price and Bucek & Frank are the two firms Denton has
hired to handle this case.
The City Council of Denton has asked their lawyers to seek out other cities in the TXU
service area to join in this lawsuit while an Agreed Temporary injunction is in place that
protects records of all Texas cities which TXU serves. North Richland Hills can join this
suit by adopting an ordinance or resolution by October 20th. The cost would be $.25 per
capita paid by October 31 and based on our 1990 census. That would equate to
$11,473.75. A Steering Committee would be formed, and based upon case progression
and costs could assess not more than one additional equal assessment if needed. These
cost would be toward handling a multiple party lawsuit against the defendants.
Staff has attempted to determine other cities that may be participating in this matter.
Because of the short time period to respond most cities have yet to place this on their
agendas. As of Thursday we are aware of eight cities that have joined the litigation. Staff
has talked with a number of area cities about this matter. Most of them plan to consider it
on their agendas in the next two weeks. From discussions with a number of city
.'-.,... managers, it appears most of them will be recommending joining the litigation.
Analysis:
This case is not a typical utility rate case where some return to the customer is always
likely. The litigation will attempt to convince a court that TXU should have collected fees
on the previously mentioned items as they apply. There is some precedent for certain
items even though various franchise agreements may not be specific on what franchise
fees are based upon.
I have visited at some length with TXU and they say that they haven't done all the same
things in the same way as HL&P. They also say that if found to owe franchise fees, they
will pay all cities the amount due, so it is not necessary to participate in the case.
Denton has agreed that no city's assessment(s) shall exceed 10% of the amount of
delinquent franchise fees that the audit reflects such City is owed by TXU
It must be recognized that the largest single component of the estimated delinquent fees
due are derived from the franchise fee being collected on the sales tax. That amount
seems to range from 60% to 75% of the total estimated to be delinquent and unpaid. The
Houston District court did not allow the jury to consider Sales Tax damages; however,
subsequent to the lower court decision in Houston, an appellate court hearing the Central
Power and Light case in South Texas ruled that a jury could consider Sales Tax. The
.,,-. South Texas case has not Qone to trial at this date.
CITY COUNCIL ACTION ITEM
Page.£.. of L
".
CITY OF
NORTH RICHLAND HILLS
'- The auditor hired by Denton has looked at our last 2 years revenues and made an
estimate of what might be due us. That estimate is based on a formula established from
the numbers arrived at in the Denton work. According to that formula, TXU Electric would
owe us over $2 million and TXU Gas slightly over $200,000.
Conclusion:
Attached is a fact sheet prepared by Denton's attorneys in this case. The City of Denton
has asked for other cities wishing to join this case to do so by October 20, 2000. While
there are no guarantees, staff recommends pursuing this matter.
Recommendation:
Adopt Resolution No. 2000-80.
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"
CITY COUNCIL ACTION ITEM
Page Lof 2
RESOLUTION NO. 2000-080
WHEREAS, the City of Denton has filed suit in Denton County against TXU Electric
and TXU Gas to recover unpaid and underpaid City franchise fees; and
WHEREAS, the City of Denton has invited other cities in the metroplex to join it in
the litigation; and
WHEREAS, a preliminary investigation reveals that this City has been underpaid for
franchise fees by TXU and that it is in the best interest of the City to pursue collection of
same through a concerted action with other cities in the pending case in the District Court
of Denton county.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Attorney is authorized to take such action he deems necessary to join the
City of Denton and/or other cities, on behalf of the City of North Richland Hills, in pursuing
a cause of action to recover delinquent and unpaid franchise fees due this City.
2.
The sum of $11 ,473.75 is hereby appropriated for this City to join the consortium
of cities in the City of Denton case (No. 2000-30109-393). Such sum is directed to be
paid to the Steering Committee of such consortium for expenses in connection with said
lawsuit.
PASSED AND APPROVED this 9th day of October, 2000.
APPROVED:
Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
FACT SHEET
REGARDING UNDERPAYMENT OF FRANCHISE FEES
CITY OF DENTON VS. TXU
. A franchise fee is a rental fee that a city has the right to charge a utility company for
the rental and use of city rights-of-way, easements and public grounds for the
placement of pipelines, poles and utility cables. TXU is using public property for
private gain.
. The public right of way that TXU uses to provide gas & electrical service belongs to
each city and its residents. Why shouldn't TXU pay reasonable value for the use of
this property?
. In Texas, utility companies generally have agreed to pay cities a franchise fee of 2%
to 4% of the total collected monies that the company realizes from the sale and rental
of its services.
. Texas law states clearly that gross receipts means the "whole; entire; total; without
deduction." In a franchise fee arrangement, "gross receipts" and "gross revenues" are
considered the same. Utility companies must report ALL revenues collected then pay
a 2% to 4% franchise fee of these revenues.
Fact sheet! Daf!e two of four
. Research for the Denton case concludes that it is common practice of the electric and
gas industry to miscalculate the franchise fees paid to cities.
. The City of Denton lawsuit alleges that TXU Electric and TXU Gas intentionally
miscalculated and excluded a variety of revenues received for services sold or rented.
This intentional miscalculation resulted in years of underpayments in franchise fees to
the city.
. TXU has refused to allow a complete audit of their records. They have refused to
allow representatives of the city of Denton access to the requested records that
Denton has tried to obtain in good faith.
. One of TXU's questionable tactics used in Denton and other Texas cities is to pass-
through to residents a franchise fee, then not deposit such fees collected into a
separate account for the benefit of the city. In other words, TXU charged Denton
residents for its use of city roads for utility services, but it cannot prove that all of the
fees collected from residents was remitted to the city for the rental of the right-of-
way.
Fact sheet/Daile three offour
. So far, financial auditing experts have calculated an underpayment in franchise fees
due to the city of Denton in excess of $1.17 million. This is rightfully the city's
money and could have been used for:
· The purchase of 58 new police patrol cars
· Thousands of library books and reference materials
· Technology advancements/computers for the city
· City park beautification projects/maintenance
· Maj or street improvements
. The TXUlDenton case parallels similarities of a recent case involving three Houston-
area cities (Wharton, Galveston, Pasadena) who sued Houston Lighting & Power Co.
(HL&P). A Houston jury awarded the three cities $10 million each in punitive
damages and found that HL&P acted with malice by intentionally underpaying these
cities. The total damages were $33.4 million. This is one of the first cases to address
punitive damages against a utility for failure to pay franchise fees.
. The Houston case involved the electric utility only. Denton's case involves electric
and gas. Gas issues are similar in part, but involve other types of charges that were
also excluded from TXU's calculation of "gross receipts."
Fact sheet/page four of four
· TXU has maintained that the Houston jury was in error when it found that certain
revenue accounts were excluded from the "gross receipts" calculation. TXU also
argues that its franchises are different from HL&P's when such differences are
insignificant.
· TXU cannot escape State Law on the issue of sales taxes. In the same service area,
TXU has a contract with another city that specifically excludes sales taxes from
"gross receipts." Denton's agreement does not speak to sales taxes. State Law is
clear on this contractual issue. If one agreement excludes sales tax and the other is
silent on the issue, then the legal inference is that sales taxes should have been
included in the franchise that did not exclude sales tax (Denton's case). TXU chose
not to do so.
. The franchises are drafted by TXU and ifTXU does not want to include sales taxes
in gross receipts, TXU should specifically exclude them.
· TXU has profited at the public's expense. Texas dollars should not be allowed to be
invested in places such as Kansas, Missouri, Iowa, Mexico City, continental Europe,
the United Kingdom and Australia at the expense of Texas cities.
_·,·,---····,--"'·~'~~_·~"·,··~_,_..,_.w,~__.___~_
Issues Brief Regarding City of Denton Lawsuit Against TXU Electric & TXU Gas
The City of Denton's lawsuit against TXU Electric and TXU Gas. The lawsuit makes two basic claims:
· Franchise Fee Pavments. Under its electric franchise with Denton, TXU Electric paid a percentage of
"gross revenues from the sale of electric power and energy." The TXU Gas franchise requires payment
of a percentage of "gross receipts received by the Company from the sale of gas to its domestic and
commercial customers in [Denton], expressly excluding, however, receipts derived from sales to
industrial customers" in Denton. Despite the clear language of the franchises, the audit report prepared
by DUCI claims that TXU Electric and TXU Gas should pay franchise fees on sales tax, miscellaneous
service charges, transportation, and other charges that are clearly not "revenues from the sale of electric
power and energy" or "receipts from the sale of gas."
· Expired Electric Franchise. TXU Electric's franchise with the City expired and negotiations on a new
agreement reached an impasse. Denton's proposed form of franchise would impose new, highly
restrictive conditions, including some provisions that are contrary to state law.
The HL&P Lawsuit.
. Contrary to the representation in the letter from the attorneys representing the City of Denton in the
lawsuit, the HL&P case is not final. No judgment has been entered and the judge has ordered it to be
mediated. A large part of the claims asserted by the cities in that case were rejected.
. In the HL&P lawsuit, the Cities cited failure to pay franchise fees for eight different items:
· Sales tax. The judge found for HL&P on summary judgment.
· Wheeling sales. The jury found for HL&P.
· Sales to other utilities. The jury found for HL&P.
· Pole attachment fees. The jury found for HL&P.
· "Fee on a fee". The jury found for HL&P. During the 1980s, HL&P billed franchise fees as
a pass-through item that appeared as a separate line item on customers' bills. The Cities argued
that HL&P owed the 4% franchise tax on this franchise tax revenue, such that the effective
franchise fee would be 4.16%.
· Customer-pay jobs, i.e., where the customer reimburses the utility to obtain service (also
called contributions in aid of construction). The jury found for the Cities. TXU Electric and
TXU Gas strongly believe that these amounts are a reimbursement of an expense - not revenue
from the sale of gas or electricity and thus not included under the terms of the franchise fee
ordinances.
· Miscellaneous service fees. The jury found for the Cities. These charges are not in the basic
rate for electric service, but are return check charges, reconnect fees, etc. TXU believes that
these charges are not revenue/receipts from the sale of electric power and energy or gas.
· Factoring of accounts receivable. The jury found for the Cities. HL&P was paying the
franchise fee only on the discounted revenues it got from its factoring agent rather than the full
amount of the accounts. In contrast, TXU Electric and TXU Gas have not discounted the
amount used as the basis for the franchise fee calculation.
· Other. All of the available information indicates that the jury's punitive damages award was
tied to the factoring discount, particularly factoring to an affiliate. Since neither TXU Electric
nor TXU Gas discounted its franchise fees due to factoring, the primary issue in the HL&P
case simply does not exist.
. More than half of the City of Denton's claims of unpaid fees are based on sales taxes or franchise fees
on the fees themselves, issues that were rejected in the HL&P case. The only arguable similarities to
the HL&P case are the issues related to miscellaneous fees and customer-pay jobs which are simply
not included in the franchise fee under the terms of the TXU Electric & TXU Gas franchise
agreements.
September 5, 2000
CITY OF
NORTH RICHLAND HILLS
Department: Administration Council Meeting Date: 10/09/00
Subject: Approval of New Committee Members to the Youth Agenda Number: GN 2000-118
Advisory Committee and Removal of Committee
Members for Non-attendance
In July of this year the City Council appointed 14 members to the Youth Advisory Committee for
the 2000-2001 term. The by-laws of the Youth Advisory Committee allow for the appointment of
a total of 16 members to the Committee. The Committee has received two more applications to
join the committee and reviewed these applicants at their last meeting. The committee is
recommending that the following applicants be appointed to the Youth Advisory Committee for
two year terms:
Ryan Shiflet, Richland High School
Kendra Newton, Birdville High School
The Youth Advisory Committee has already had three meetings since August. Two members
have not attended any of the meetings; therefore the Youth Advisory Committee is
recommending that these two members be removed from the committee for non-attendance and
that their places be filled with two new applicants reviewed by the committee at their last
meeting.
~.
The members recommended for removal are:
Kira Christopher, Richland High School
Blair Stewart, Richland High School
The applicants recommended for appointment to fill the vacated positions are:
Kendahl Brown, Haltom High School
Tiffany Sikes, Richland High School
This will bring the total number of Youth Advisory Committee members to 16 as provided in the
Committee's by-laws.
Recommendation:
Approve the Youth Advisory Committee's recommendations for new committee members,
removal of committee members, and appointments to fill the vacated positions.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Finance Director
'-ftiu.h~' IIÁ~~
Departme«~ad Signature
~~re
.'
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 10/09/00
Subject: SupportinQ the Dallas 2012 Bid Committee in its Efforts Agenda Number: GN 2000-119
To Secure the 2012 Olympic Games for the Dallas/Ft. Worth
Region - Resolution No. 2000-78
The Dallas 2012 Olympic Bid Committee is in the process of finishing the bid, which they will
submit to the United States Olympic Committee (USOC) in December. The Dallas Bid
Committee has asked the City of North Rich land Hills, and several cities in the region, to pass
resolutions in support of the Committee's efforts to be included in the bid document.
Attached is a resolution supporting the Dallas 2012 Olympic Bid Committee in their efforts to
secure the 2012 Olympic Games for the region.
Recommendation:
Approve Resolution No. 2000-78 supporting the Dallas 2012 Bid Committee in its efforts to
secure the 2012 Olympic Games for the Dallas/Fort Worth Region.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Budget Director
Finance Director
ff~ i/tJA.~i'~
Department Head Signature
~b£:;;:i;f!;;
RESOLUTION NO. 2000-78
RESOLUTION SUPPORTING THE DALLAS 2012 BID COMMITTEE IN ITS
EFFORTS TO SECURE THE 2012 OLYMPIC GAMES FOR THE
DALLAS/FORT WORTH REGION.
WHEREAS, the City of Dallas, under the leadership of Mayor Ron Kirk and Tom
Luce, chairman for the Dallas 2012 Olympic Bid Committee, has undertaken the task of
submitting a bid to become the United States candidate for the 2012 Olympic Games;
and,
WHEREAS, all of the cities in the Dallas/Fort Worth region must playa powerful,
supportive role in securing the opportunity for North Texas to host the 2012 Olympic
Games; and,
WHEREAS, the City of Dallas has sought and obtained the support and
cooperation of cities in the Dallas/Fort Worth region; and,
WHEREAS, the City of North Richland Hills is proud that the Dallas 2012
Olympic Bid Committee selected sites in our City to be included in the bid as possible
venues for the 2012 Olympic Games; and,
WHEREAS, the City of North Richland Hills understands and accepts the honor
and responsibility of having possible Olympic venues in our City; and,
WHEREAS, hosting the Olympic Games will have a tremendous economic
impact on the City of North Richland Hills and the entire region; and,
WHEREAS, the need for City-wide and Region-wide support of the 2012 Olympic
bid effort is imperative.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of North
Richland Hills has pledged its support of the Dallas 2012 Olympic Bid Committee in its
efforts to bring the 2012 Olympic Games to the Dallas/Fort Worth Metroplex.
PASSED AND APPROVED this 9th day of October, 2000.
APPROVED:
Charles Scoma - Mayor
ATTEST:
Patricia Hutson - City Secretary
APPROVED AS TO FORM AND LEGALITY
Rex McEntire - Attorney for the City
Announcements and Information
October 9, 2000
Announcements
The Eire Department is hosting their ~ixth annual Open House on Saturday, October 14.
There will be many vehicles on display including fire trucks, ambulances, helicopters
and other emergency vehicles. Families will be able to watch exciting demonstrations of
fire equipment and peruse the public service booths for educational information that will
provide public safety tips for the family and home. The event will be held at Fire Station
!f4, 7202 Dick Fisher Drive and will beain at 10:00 a.m. For additional information about
the Open House, call (817) 427-6900.
The Honorable Kav GranQer will be visitinQ with City Council and staff and touring the
City on Thursday. October 19. She will also be speakina at the Northeast Chamber of
Commerce Luncheon.
Paws to Recycle begins now throuQh November 30th. Recycle your aluminum cans at
the Animal Shelter or bring receipts for cans you have deposited at another location.
The funds from the recycling benefit the NRH Animal Shelter. The Animal Shelter is
located at 7200 Dick Fisher or call 427-6570.
Information
October 12
Ribbon Cutting
CLC Richland Hills Nursing Facility
7146 Baker Blvd.
4:00 p.m.
October 14
Fire Department Open House
7202 Dick Fisher Drive
10:00 a.m. - 3:00 p.m.
October 17
Ribbon Cutting
McDonald's Restaurant Remodel
5424 Rufe Snow Drive
9:30 a.m.
October 19
Kay Granger Visit
City Hall
9:00 a.m. - 11 :00 a.m.
October 19
Ribbon Cutting
North Hills Cardio-Vascular Lab
4401 Booth Calloway
4:00 p.m.