HomeMy WebLinkAboutCC 1998-04-27 Agendas
CITY OF NORTH RICH LAND HillS
PRE-COUNCil AGENDA
APRll,27, 1998 - 5:15 P.M. '~.
.. For the Meeting conducted at the North Richland Hills City Hall pre-~öuncil Chambers,'7301
Nórtheast Loop 820.
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NUMBER ITEM . : ,-...
ACT'IONT AK..I,.
1. IR 98-72 Preview of Arcadia Market Plan Analysis and
Audience Generation Study
(60 minutes) (5:15 p.m. to 6:15 p.m.)
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2. GN 98-50 Presentation of Conceptual Financial Plan to
Create a Richland Plaza Tax Increment Fina'ncing
District (Agenda Item No. 14) (5 Minutes)
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:3. GN 98-51 Resorí.Jtion Amending Guidelines and Criteria for
Granting Tax Abatement in Reinvestment Zones
Creâted in the City of North Richlánd Hills -
Resolut¡ón·No. 98-21
(Agend~ltem No. 15) (10 Minutes)
;4. GN 98~52 Approving Administrative Policies and Procecjures
for Appointments to City's Boards, Commis~ns"
Committees (Agenda Item No. 16)(5 Minûtes) , .
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:5. PW 98~.o8 Apprc;>~.e Change Ord~tNo. 1 for Teakwood Go,~lr!,
Drainage Improveme~', Phase II (Silverado . .-
Additi6n/Harwood Roéit;i)
(Agenda Item No. 24}(5 Minutes)
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~. Discuss Other Regular Agenda Items
(5 MinÙtes)
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7. IR 'GG-76 Rufe Snow Drive Widening Project; Traffic
Control Plan (5 Minutes)
Page 2
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NUMBER ITEM ACTION TAKEN
8. IR 98-73 Date for Canvass of May 2 Election (5 Minutes)
9. IR 98-74 Implementation Plan for 1998 Council Priorities
(5 Minutes)
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10. Other Informational Items (5 Minutes)
Cancellation of May 25 City Council
Meeting
11. *Executive Session (25 Minutes) - The Council
may enter into closed executive session to
discuss the following:
A. Litigation Gov. Code §551.071
1. Contract - Claims
2. Birdville & NRH vs. Park Space
Foundation
B. Deliberation Regarding Real Property Gov.
Code §551. 052
3. Land and Easement Acquisition; Drainage
Project
12. Adjournment - 7:20 p.m.
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*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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CITY OF NORTH RICHLAND HillS
CITY COUNCil AGENDA
APRil 27, 1998
For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion
and/or action.
1. Items marked with an * are on the consent agenda and 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 581-5502 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 -
Recognition of Teen Court
Volunteers
Presentation of Proclamations -
A. Charles Hoffman Day
5. Removal of Item(s) from the Consent
Agenda
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Page 2
NUMBER ITEM ACTION TAKEN
6. Consent Agenda Item(s) Indicated by
Asterisk (7,8,10,12,13,17,18,19,
20, 23, 24, & 25)
*7. Minutes of the Pre-Council Meeting
April 13, 1998
*8. Minutes of the Regular Meeting
April 13, 1998
9. PS 98-15 Public Hearing to Consider the
Request of Russ Garrison of Pipeline
Road Church of Christ for a
Thoroughfare Plan Amendment to
Delete Simmons Drive North of Mid-
Cities Boulevard - Ordinance No.
2297
*10. GN 98-46 Amendment to Council Rules of
Procedures - Ordinance No. 2296
11. GN 98-47 Consider a Moratorium on the
Issuance of Building Permits for
Accessory Buildings Exceeding 12' in
Height in the R-1, R-2 and R-3
Residential Zoning Districts -
Ordinance No. 2298
*12. GN 98-48 Approve "No Parking, Stopping, or
Standing" Zone along the North Side
of Bogart Drive at the East Entrance
to Fort Worth Christian School-
Ordinance No. 2299
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NUMBER ITEM ACTION TAKEN
*13. GN 98-49 Approve "No Parking Anytime" Zone
for Dawn Drive at the Chartwell Drive
Intersection - Ordinance No. 2300
14. GN 98-50 Presentation of Conceptual Financial
Plan to Create a Richland Plaza Tax
Increment Financing District
15. GN 98-51 Resolution Amending Guidelines and
Criteria for Granting Tax Abatement
in Reinvestment Zones Created in
the City of North Richland Hills -
Resolution No. 98- 21
16. GN 98-52 Approving Administrative Policies
and Procedures for Appointments to
City's Boards, Commissions &
Committees
*17. PU 98-33 Award Bid for Asphalt
Applicator/Melter to Crafco Texas in
the Amount of $42,400
*18. PU 98-34 Authorize Interlocal Agreement with
City of Bedford for the Purchase of
Crafco Asphalt Melter/Applicator
*19. PU 98-35 Award Bid for Installation of
Telemetric Water Meter to Prosource
Group, Inc. In the Amount of
$274,339
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NUMBER ITEM ACTION TAKEN
*20. PU 98-36 Renewal of Soft Serve Yogurt/Ice
Cream Contract
21. PU 98-37 Rescind Bid Award for Fiber Optics
Construction
22. PU 98-38 Authorization to Enter Into an
Agreement for Third Party Claims
Administrative Services
*23. PW 98-07 Approve Agreement for Engineering
Services with Dunaway Associates,
Inc. For Iron Horse Golf Course
Master Drainage/Erosion and
Sedimentation Control Plan
*24. PW 98-08 Approve Change Order No. 1 for
Teakwood Court Drainage
Improvements, Phase II (Silverado
Addition/Harwood Road)
*25. PAY 98-01 Approval Final Pay Estimate No. 13
in the amount of $72,452.26 to
Humphrey & Morton Construction
Company, Inc. For Walker Branch
Channel Improvements, Phase II
26. Citizens Presentation
27. Adjournment
CITY OF NORTH RICHLAND HillS
PRE-COUNCil AGENDA
APRil 27,1998 - 5:15 P.M.
. For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301
Northeast Loop 820.
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NUMBER ITEM ACTION TAKEN
1. IR 98-72 Preview of Arcadia Market Plan Analysis and
Audience Generation Study
(60 minutes) (5:15 p.m. to 6:15 p.m.)
2. GN 98-50 Presentation of Conceptual Financial Plan to
Create a Richland Plaza Tax Increment Financing
District (Agenda Item No. 14) (5 Minutes)
3. GN 98-51 Resolution Amending Guidelines and Criteria for
Granting Tax Abatement in Reinvestment Zones
Created in the City of North Richland Hills -
Resolution No. 98-21
(Agenda Item No. 15) (10 Minutes)
4. GN 98-52 Approving Administrative Policies and Procedures
for Appointments to City's Boards, Commissions
Committees (Agenda Item No. 16)(5 Minutes)
5. PW 98-08 Approve Change Order NO.1 for Teakwood Court
Drainage Improvements, Phase II (Silverado
Addition/Harwood Road)
(Agenda Item No. 24)(5 Minutes)
6. Discuss Other Regular Agenda Items
(5 Minutes)
7. IR 98-76 Rufe Snow Drive Widening Project; Traffic
Control Plan (5 Minutes)
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I~MBER ITEM ACTION TAKEN
8. IR 98-73 Date for Canvass of May 2 Election (5 Minutes)
9. IR 98-74 Implementation Plan for 1998 Council Priorities
(5 Minutes)
10. Other Informational Items (5 Minutes)
Cancellation of May 25 City Council
Meeting
11. *Executive Session (25 Minutes) - The Council
may enter into closed executive session to
discuss the following:
A. Litigation Gov. Code §551.071
1. Contract - Claims
2. Birdville & NRH vs. Park Space
Foundation
B. Deliberation Regarding Real Property Gov.
Code §551.052
3. Land and Easement Acquisition; Drainage
Project
12. Adjournment - 7:20 p.m.
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*Closed due to subject matter as provided by the Open Meetings Law.
contemplated, it will be taken in open session.
If any action is
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CITY OF NORTH RICHLAND HillS
CITY COUNCil AGENDA
APRil 27,1998
For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion
and/or action.
1. Items marked with an * are on the consent agenda and 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 581-5502 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 -
Recognition of Teen Court
Volunteers
Presentation of Proclamations -
A. Charles Hoffman Day
5. Removal of Item(s) from the Consent
Agenda
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Page 2
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I NUMBER I ITEM I ACTION TAKEN I
6. Consent Agenda Item(s) Indicated by
Asterisk (7,8,10,12,13,17,18,19,
20, 23, 24, & 25)
*7. Minutes of the Pre-Council Meeting
April 13, 1998
*8. Minutes of the Regular Meeting
April 13, 1998
9. PS 98-15 Public Hearing to Consider the
Request of Russ Garrison of Pipeline
Road Church of Christ for a
Thoroughfare Plan Amendment to
Delete Simmons Drive North of Mid-
Cities Boulevard - Ordinance No.
2297
*10. GN 98-46 Amendment to Council Rules of
Procedures - Ordinance No. 2296
11. GN 98-47 Consider a Moratorium on the
Issuance of Building Permits for
Accessory Buildings Exceeding 12' in
Height in the R-1, R-2 and R-3
Residential Zoning Districts -
Ordinance No. 2298
*12. GN 98-48 Approve "No Parking, Stopping, or
Standing" Zone along the North Side
of Bogart Drive at the East Entrance
to Fort Worth Christian School -
Ordinance No. 2299
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Page 3
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NUMBER ITEM ACTION TAKEN
*13. GN 98-49 Approve "No Parking Anytime" Zone
for Dawn Drive at the Chartwell Drive
Intersection - Ordinance No. 2300
14. GN 98-50 Presentation of Conceptual Financial
Plan to Create a Richland Plaza Tax
Increment Financing District
15. GN 98-51 Resolution Amending Guidelines and
Criteria for Granting Tax Abatement
in Reinvestment Zones Created in
the City of North Richland Hills -
Resolution No. 98- 21
16. GN 98-52 Approving Administrative Policies
and Procedures for Appointments to
City's Boards, Commissions &
Committees
*17. PU 98-33 Award Bid for Asphalt
Applicator/Melter to Crafco Texas in
the Amount of $42,400
*18. PU 98-34 Authorize Interlocal Agreement with
City of Bedford for the Purchase of
Crafco Asphalt Melter/Applicator
*19. PU 98-35 Award Bid for Installation of
Telemetric Water Meter to Prosource
Group, Inc. In the Amount of
$274,339
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Page 4
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NUMBER ITEM ACTION TAKEN
*20. PU 98-36 Renewal of Soft Serve Yogurt/Ice
Cream Contract
21. PU 98-37 Rescind Bid Award for Fiber Optics
Construction
22. PU 98-38 Authorization to Enter Into an
Agreement for Third Party Claims
Administrative Services
*23. PW 98-07 Approve Agreement for Engineering
Services with Dunaway Associates,
Inc. For Iron Horse Golf Course
Master Drainage/Erosion and
Sedimentation Control Plan
*24. PW 98-08 Approve Change Order No. 1 for
Teakwood Court Drainage
Improvements, Phase II (Silverado
Addition/Harwood Road)
*25. PAY 98-01 Approval Final Pay Estimate No. 13
in the amount of $72,452.26 to
Humphrey & Morton Construction
Company, Inc. For Walker Branch
Channel Improvements, Phase II
I~STEJJ
26. Citizens Presentation L} ~Lt qg
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27. Adjournment Time v
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 98-72
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p\r Subject:
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Monday, April 27, 1998
Preview of Arcadia Market Plan Analysis
& Audience Generation Study
Consultants with ZimmermanNolk & Associates and the Leland Consulting Group have
completed their analysis of the 333-acre site owned by Raytheon/E-Systems Pool Trust,
Inc.-and pursued by Dallas-based Arcadia Realty Corporation for an upscale, mixed-use
development. Therefore, we have scheduled a special Pre-Council session in the Council
Chambers at 5:15 p.m. Monday night. Members of the Planning & Zoning Commission
and Park & Recreation Board have also been invited to attend so they may also receive
these results.
A representative of Arcadia Realty Corporation will begin by reviewing the company's
original plans and detailing the credentials of the two consultants. Representatives of
Denver-based Leland Consulting Group will present the Audience Generation Study
(dealing with the proposed "entertainment core" of lakes, an amphitheatre and recreation
center). Arcadia officials will also summarize the high points of the Market Position
Analysis (MPA), which was prepared to quantify the market for such a development.
ZimmermanNolk officials will be unable to attend due to conflicting schedules.
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An Executive Summary of the report will be sent to you prior to Monday's meeting. Since
so much data is being delivered to you on Monday, staff wants to allow you additional time
to digest this information and ask more questions. Staff also needs another two to three
weeks to review this work plan. Therefore, we recommend scheduling a follow-up Work
Session in a few weeks to discuss the MPA and Audience Generation Study in greater
detail, allow you to question ZimmermanNolk's two principals face-to-face and hear staff
comments.
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We look forward to the preview of this information on Monday night. We reQuest Council
to first go to the Pre-Council room at 5:15 p.m. Monday to open the meeting and then to
recess to the Council Chambers.
Respectfully submitted,
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Marty Wieder
Director of Economic Development
MBW
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 98-77
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Date: April 22, 1998
Subject: Status of EPA Order - Sewer System Improvements
The City has still not received an official letter from John Stacy, EPA Engineer, who met with
us on February 10, 1998 to review our proposal for sewer system improvements. Mr. Stacy
told us about a month ago that he would have a letter to us in a couple of weeks.
Yesterday, Mr. Stacy called our offices and left a message that he had been busy and had
a lot of "bad excuses" for not already sending the letter. He indicated that everything is still
in accord with his comments to us on February 10, 1998, that the City would be able to have
five years to complete the project improvements. Mr. Stacy again stated that he would have
the administrative order out to us within two weeks and that the only change we would see
on the order, from what was discussed with us is that the beginning date, would be June 1,
1998 instead of April 1, 1998. His telephone comments indicated that we could proceed with
the work as we outlined in the February 10,1998 meeting.
We will continue discussing the letter with him, until such time as we actually receive it, as
it is very important that we have this in writing. As we see it, however, we can proceed and
this should not hold us up. In some respects it could be helpful by having the five years
e begin from June 1, 1998.
I just wanted to keep you informed about this. No action is needed at this time.
Respectfully submitted,
~~ingham'
City Manager
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
MARCH 26, 1998 - 7:30 p.m.
1.
CALL TO ORDER
The meeting was called to order by Chairman David Barfield at 7:30 p.m.
2.
ROLL CALL
PRESENT
Chairman
David Barfield
Don Ferguson
Paul Miller
Don Bowen
Richard Davis
Mark Wood
ABSENT
Ted Nehring
CITY STAFF
Deputy City Manager
Planning Director
Recording Secretary
Planner
Asst. Director/PW
Staff Engineer
Building Official
Randy Shiflet
Barry LeBaron
Valerie Taylor
Christopher Baker
Kevin Miller
Julia Skare
Ed Dryden
3.
CONSIDERATION OF MINUTES OF MARCH 12, 1998
APPROVED
Mr. Miller, seconded by Mr. Wood moved to approve the minutes of March 12,
1998. The motion carried with a vote of 6 - O. Messrs. Miller, Ferguson, Wood,
Bowen, Davis and Barfield were in favor of this motion.
Page 1 - 3/26/98
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4.
PS 98-02
REQUEST OF EAST-WEST PARTNERS, INC., FOR A PRELIMINARY PLAT
TO BE KNOWN AS LOTS 1 & 2, BLOCK 1, EAST-WEST PARTNERS
ADDITION. (LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD)
APPROVED
Mr. LeBaron explained that this is a 5.2 acre tract of land currently zoned C-1
Commercial. It is at the newly formed intersection of Davis Blvd. and Precinct
Line Road. A water line extension to the property is the only issue associated
with this preliminary plat. Additionally, staff recommends a shared drive
approach on Davis Blvd. and Precinct Line Road as well.
Mr. Davis made the motion to approve PS 98-02 subject to engineers comments
and with the clarification that a common drive entrance at the southwest corner
of Lot 2 and the southeast corner be a shared entrance and another shared
entrance between Lots 1 & 2.
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Mr. Ferguson seconded the motion and it carried 6 - O. Messrs. Davis,
Ferguson, Barfield, Bowen, Wood and Miller were in favor of this request.
5.
PS 98-03
REQUEST OF GREG CLIFTON FOR A SHORT FORM FINAL PLAT TO BE
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KNOWN AS lOT 1, BLOCK 1, CLIFTON ADDITION. (LOCATED AT 8912
AMUNDSON ROAD)
APPROVED
Mr. LeBaron explained that the applicant owns 2.3 acres and has an existing
house on it. He is proposing a remodel on it and it triggers the need for platting
the property. The property is currently zoned AG Agricultural and the applicant
has been advised a zoning change will be required. He is not opposed to this
and will make application for this prior to going to City Council.
Because this is an older home, sewer and street improvements are both
significant. Amundson and Walter Street are both un-improved streets at this
location. The sewer extension will cost $4,000 and the street improvements total
$74,000, he is asking for a waiver but is not opposed to signing a covenant for
e these improvements. Staff recommends that should the Commission
Page 2 - 3/26/98
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recommend the applicant sign a covenant, the price of sidewalks be included in
that amount.
Mr. Ferguson moved to approve PS 98-03 requiring a covenant for $74,000 for
street and sidewalk improvements. The applicant is required to install the sewer.
Mr. Wood seconded the motion and it carried 6 - O. Messrs. Ferguson, Wood,
Davis, Barfield, Bowen and Miller were in favor of this request.
6.
PZ 98-03
PUBLIC HEARING TO CONSIDER THE REQUEST OF ALLAN YOUNG FOR A
SPECIAL USE PERMIT FOR USED VEHICLE SALES ON LOT 1, BLOCK 1,
CAllOWAY ADDITION. (LOCATED AT 7700 NE LOOP 820) ORDINANCE
NO. 2293
WITHDRAWN
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Mr. LeBaron explained that this is a single lot that for years was the site of a
service station. Mr. Young has purchased this property, which is currently zoned
C-2 Commercial, to operate it as a used vehicle sales lot, which requires a
Special Use Permit. The applicant hopes to eventually construct a new building
on the lot that will conform to General Motors requirements, so he has not
submitted a site plan, since he is unsure at this time what will take place.
Chairman Barfield opened the public hearing and asked the applicant to come
forward.
Mr. Alan Young presented this request. He explained that he purchased this
property with the ultimate plan of making it a part of his total dealer operation.
Mr. Young plans on taking on an additional franchise, a Pontiac franchise. This
property would be the location for this. However, the actual acquisition of this
franchise could be timely, so he would like to utilize it as used vehicle sales until
he obtains this franchise.
It was the general consensus of the Commission that granting this request would
set a precedent for Grapevine Highway to become another "Belknap", which is
not the direction they want to go.
Responding to a question, Mr. Young stated that he was seeking additional
signage and visibility.
Mr. Davis suggested that Mr. Young use this lot for his new cars, which is
allowed in this zoning district by right, and would allow the additional signage he
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Mr. Young stated he did not have a problem with this and asked if he could
withdraw his request for a Special Use Permit and was informed that he could.
Mr. Young requested his request be withdrawn.
Mr. Davis made the motion to accept Mr. Young's withdrawal request and
encourage staff to assist Mr. Young in getting his Certificate of Occupancy for
this portion of his new car facility.
Mr. Miller seconded the motion and it carried 6 - O. Messrs. Davis, Miller,
Ferguson, Barfield, Bowen and Wood were in favor of this request.
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7.
PZ 98-12
PUBLIC HEARING TO CONSIDER AMENDING THE MASONRY
REQUIREMENTS IN THE 11 LIGHT INDUSTRIAL, 12 MEDIUM INDUSTRIAL
AND U INSTITUTIONAL DISTRICTS, AND REVISING THE NOTATION IN THE
REMAINING PORTION OF ARTICLE 6. ORDINANCE NO. 2258
APPROVED
Mr. LeBaron stated that over the past several months much discussion has taken
place regarding the masonry requirements and whether they should be
applicable to all zoning districts and not just some of them. Staff has drafted this
regulation, incorporating ideas that have been presented in past workshops.
The 75% masonry/brick requirement would be applicable to all non-residential
zoning districts. Additionally, the ordinance was drafted in such a way that if
someone wanted to deviate from the 75% requirement, site plan approval would
be required from the Planning & Zoning Commission as well as the City Council.
Additionally, the wording and outline form in the remainder of the ordinance was
confusing and had gotten difficult to amend and explain. The wording has been
rearranged, without changing any of the regulations, to give it proper outline
notations.
Mr. LeBaron stated that a representative from the Dry-vit industry is present to
give a brief presentation of alternate type stucco materials that staff often has to
deal with.
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Mr. Doug Johnson distributed a sample of the EIFS System synthetic finish that
is on the market today. He explained that this product has been on the market in
the United States for about 20 years, but in Europe for 50 years. He stated that
this product holds up very well and is becoming more popular.
Page 4 - 3/26/98
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The Dry-vit is the only system that has a 20-ounce mesh, so it is extremely
sturdy and also acts as insulation, which decreases utilities, He stated that
Hudiburg Chevrolet is a current customer, they are using this material on their
new facility currently under construction. This material has a 3 - 4 year
warranty; stucco only carries a one-year warranty,
Responding to a question, Mr. Johnson stated that he would be glad to come
back and make a full presentation should the Commissioners change their
regulations.
Chairman Barfield opened the public hearing and called for any proponents.
Seeing none, he called for any opponents. Seeing none the public hearing was
closed.
Mr. Davis, seconded by Mr. Wood, moved to approve PZ 98-12 amending the
masonry requirement in the 11, 12 and U districts.
Mr. Davis stated that he is not in favor of amending the types of materials
allowed - he wants brick or stone - only.
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Mr. LeBaron stated that he wanted to draw the Commission's attention to page 3
of the proposed ordinance, Section 605 (b), which has always stated that
"masonry construction shall consist of any combination of brick, tile, stone,
concrete block, or precast or reinforced concrete materials or materials of equal
characteristics. This requirement shall apply to all wall sections on all floors
above the finish floor level of the foundation." He stated this is where the
question comes into play and if the Commission is uncomfortable with that, then
the language may need to be changed.
Mr. Davis stated that he would amend his motion to include the removal of the
words "materials of equal characteristics" from this paragraph now and the
definition can be amended later.
Mr. Wood asked how this would affect the portable buildings at schools, since
they are in the U Institutional zoning districts.
Mr. LeBaron stated that when looking at the table in the proposed ordinance,
omissions have been identified and portable classrooms fall into this category.
The Commissioners determined they would continue to "overlook" these portable
classrooms until they become a problem.
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Mr. Wood suggested the table in the ordinance be changed regarding accessory
buildings in U Institutional zones be changed to shown N/A or show specific
guidelines for these portable classrooms.
Mr. Davis stated he would add the amendment regarding temporary portable
classrooms in the U Institutional districts to his motion.
Having a motion and second before them, the vote was 6 - O. Messrs. Davis,
Wood, Ferguson, Barfield, Bowen & Miller were in favor of this request.
8.
PZ 98-13
PUBLIC HEARING TO CONSIDER THE REQUEST OF MARVIN SMITH FOR
REZONING FROM AG AGRICULTURAL TO R-1 RESIDENTIAL ON A
PORTION OF TRACT 2, A-311, J. CONDRA SURVEY. (LOCATED IN THE
7600 BLOCK OF DOUGLAS lANE)
APPROVED
Chairman Barfield opened the public hearing and asked the applicant to come
forward.
Marvin Smith presented his request stating that he plans to build a new home on
this property in the future.
Chairman Barfield called for additional proponents. Seeing none, he called for
opponents. Seeing none the public hearing was closed.
Mr. Wood, seconded by Mr. Miller, moved to approve PZ 98-13. The motion
carried 6 - O. Messrs. Wood, Miller, Davis, Ferguson, Barfield and Bowen were
in favor of this request. \
9.
STAFF COMMENTS
There were none.
10.
CITIZEN COMMENTS
There were none.
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11.
ADJOURNMENT
There being no additional business to conduct, the meeting adjourned at 8:30
p.m.
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David Barfield, Chairman
Don Bowen, Secretary
Page 7 - 3/26/98
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City of North Richland Hills
Teen Court Advisory Board Meeting Minutes
February 23,1998
Present
Lynn Simpson, Ron Moore, Luci Wolfe, Kent Choate,
Oscar Trevino, Sabrina Lopez
Absent
Kathy Graves
Meeting Called to Order 6:00
Old Business
Progress Reports of Assignments
It was unanimously voted on to hold the Appreciation Banquet at Steak & Ale
Restaurant in Hurst on March 19 @ 6 p.m. Teen Court Coordinator will make
necessary arrangements and find appropriate awards and certificates for
agencies.
Banquet for Teens is tentatively set for May. There are no set plans.
Coordinator will continue to work on function.
New Business
Teen Court Coordinator presented the board with a wish list for Teen Court,
which included budgetary items. The board approved of the list and prioritized
based on most needed items and decided to get the other items on the list at a
later date. Following are the top five.
1.) Shirts & Names tags for all Teen Court Volunteers; Teen & Adults
2.) Robe, personalized gavels, thermal water pitcher and glasses for
Teen Court Judges.
3.) Scholarship Money for Teen Attorneys
4.) 35 mm Camera and a budgeted money for film and processing
5.) Table Top Display Board, carrying case and accessories.
The Coordinator will put a monetary value to each the items and submit to
council as a recommendation from the Teen Court Advisory Board as soon as
possible.
.
.
.
.'
Minutes: February 23, 1998 Page 2
Kent Choate made two announcements
1.) That some time in April the Council will recognize Teen Court Teen
Attorneys. Date of event is unknown. Everyone will try to get the date
of this event.
2.) Board members are responsible for keeping their councilperson
informed about Teen Court.
The coordinator announced that as of April 1 st Teen Court will increase to three
Mondays a month. The 3rd Monday will be added as a Teen Court night. Board
members will determine nights that they are able to attend. It was suggested to
either increase board or request each board member be responsible for getting
two adult volunteers for Teen Court.
It was decided to have Teen Court newsletter to be reinstated and distributed
quarterly and that Teen Court should have regular spot in the City newsletter.
It was unanimously decided that if Teen Court was not already financially
obligated to have the Golf Tournament then cancel it.
New Board member Oscar Trevino was present and welcomed by all board
members present.
Adjournment
7:30
Approved
Recorder
~:'J' ;
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
N IR 98-76
o.
. ,\
i'l
~~ Date:
¡J, Subject:
V
April 27, 1998
Rufe Snow Drive from IH 820 to Mid-Cities Boulevard;
Traffic Control Plan
The Texas Department of Transportation (TxDOT) recently completed the review and approval of
the environmental assessment for Rufe Snow Drive from IH 820 to Mid-Cities Boulevard. TxDOT
has given the City's engineer authorization to begin final design of the project.
The City's engineer is currently developing the traffic control plan (construction sequencing) for
the project. The engineer preliminarily designed the most economical traffic control plan and
presented it to staff. Although the plan presented was the most economical and provided the
shortest project duration, it did not address a major concern expressed by many of the property
owners during the public meetings. The property owners want to minimize the duration of
construction at the major intersections, as well as the construction duration in front of their
specific property. The plan presented provides the shortest total construction time, but does not
provide the shortest construction time in front of each individual property.
Two reasonable traffic control plans are summarized below:
Traffic Control Plan #1 :
.
This is the plan presented by the engineer. It consists of three major phases (see Exhibit 1).
Phase 1 is to begin construction at Mid-Cities Boulevard, constructing the east side first from Mid-
Cities Boulevard to IH 820. The new pavement being constructed in this phase is shown in red
on Exhibit 1. During Phase I, the traffic lanes will be reduced from five to four lanes and is
indicated in green on Exhibit 1.
Phase II consists of shifting the traffic to the east side (shown in green) while the new pavement
is constructed on the west side (shown in red).
Phase III consists of shifting the traffic to the outside lanes (shown in green) while the new
pavement is constructed for the center lanes.
Traffic Control Plan #2:
This plan will be similar to Traffic Control Plan #1. The three phases shown in Exhibit 1 are
exactly the same for both traffic control plans, The difference in the two plans are the limits of
construction for each phase. In Traffic Control Plan #2 the project is divided into a north section
and a south section (see Exhibit 2). The north section limits would be from Mid-Cities Boulevard
to just south of Trinidad Drive. The south section begins just south of Trinidad Drive and
continues to IH 820. The north section would be constructed first (Phases I, II and III), and then
the south section, By dividing the project into the two sections, the length of construction for the
intersections and in front of each property will be reduced.
.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
.
.
.
Staff is planning to proceed with Traffic Control Plan #2 in order to help minimize the effect of the
project on adjacent property owners.
Staff will be available to discuss the two traffic control plans and answer any questions.
Respectfully submitted,
J1¡{~ ()Ñ'\ -k;
Mike Curtis, P.E., CIP Coordinator
RMC/smm
·
·
·
WEST
SIDE
I·;TJ~T
:5,+51'1'1 I 3.3 1'1'1 [n1,1.5 1.5 7,8 1'1'1 _I
... ... ... .. PHASE 1 CONSTRUCTION
{) {)
PHASE 1
EAST
SIDE
27.5 m (90' F-F)
7.8 m 1,5 1.15 3.3 m 3.3 m 1.15 1,5 1,2 3.3 m 3.3 m
PHASE 2 CONSTRUCTION
WEST 0 0 {) {) EAST
SIDE SIDE
PHASE 2
3.3 m 3.3 m 1.2 11,9 m 1.2 3.3 m 3.3 m
PHASE 3 CONSTRUCTION
WEST 0 0 {) {) EAST
SIDE SIDE
PHASE 3
EXHIBIT 1
RUFE SNOW DRIVE
I.H. 820 TO MID-CITIES BLVD.
CONSTRUCTION PHASING
,,¡. ..
.
.
.
IVE
HILL
EXHIBIT 2
PRElIMINARY
DESIGN SCHEMATIC
RUfE SNOW DRIVE
from
MD-a'ÆS BOWVARD
to
I.H. 820
Prepared for the
Be
by
I(I\!Q1M.TCIN-&G..IsH-FwWERS, INC.
~"""/fcrt ~
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 98-73
e
\
~ Date:
V'''::' Subject:
April 27, 1998
Setting Date for the Canvass of May 2, 1998 Election
In the past the City Council has canvassed the election on the Monday following Election
Day. During the last legislative session, the legislature changed the time period for
conducting the canvass. The Election Code now states the canvass can not be any earlier
than the third day or later than the sixth day after Election Day. The City Council will
therefore need to conduct the canvass no earlier than Tuesday, May 5, and no later than
Friday, May 8.
Staff is requesting Council direction on the date to canvass this year's election.
Respectfully submitted,
~¿Wt¡ttti ~
Patricia Hutson
City Secretary
Id
.
..
e
ISSUED BY THE CITY MANAGER
NORTH RICH LAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 98-74
e
,\
~
~
Date: April 27, 1998
Subject: Implementation Plan for 1998 Council Priorities
v
Following the February 1998 Goals Setting Meeting, City management reviewed the top and
high priorities of the City Council for 1998 with the department heads. We then developed
an implementation plan and strategies for these priorities. Attached is a copy of the
implementation plan and projected timetables to complete these. Also, attached is a copy
of Lyle Sumek's report from the Goals Meeting.
We would like to review the implementation plan at Pre-Council. If you have any further
suggestions or ideas about ways you would like to proceed with these, we would certainly
welcome them.
e
Respectfully submitted,
~~~f:#
City Manager
LJC/gp
e
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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NRH
CITY OF NORTH RICHLAND HILLS
l'ROClAMAT10N
WH£R£AS. Music briMss lo'i to tJ1~ wonb; ~M1b
WH£R£AS. Ck~r1~s Hoffm~", is ~ 1m1S tim~ r~sibØ1t of North Ric111~",b
HiUs ~",b ~ sr~bu~t~ of T a~s Ckristi~", V",iversit\f; ~",b
WH£R£AS. Mr. Hoffm~", beS~'" tuc11ms music AS ~ st\4bØ1t ~t fort
WortJ.t Pohi T ~c11 HiS11 Sc11oo1; ~",b
WH£R£AS. Ck~r1~s Hoffm~", serv~b 11is COW1t'ni m Wonb W ~r 11 AS
t»r~ctor of tJ1~ W ~st Co~st M~rit1~ B~",b; ~",b
WH£R£AS. Mr. Hoffm~", WAS r~spm1sib1~ for tJ1~ flm b~",b 1"'osr~m m
H\wst Pwb1ic Sc11oo1s ~",b rctir~b AS B~",b t»r~ctor ~t C~rt~ Riversi~ HiS11 Sc11oo1
~ft~ 32 'i~~rs; ~",b
WH£R£AS. Ck~r1~s Hoffm~", serv~b 11is Ck1WC11 ~s Mmist~ of Music.
rctir~b AS Dir~ctor of tJ1~ D~UAS Cowbo'i B~",b ~ft~ 14 'i~~N. rctir~b AS t»r~ctor of
tJ1~ fort forth Cit\f B~",b ~ft~ 36 'i~~N; ~",b
WH£R£AS. Ck~r1~s Hoffm~", 11AS beØ1 mbt.tct~b mto tJ1~ TaM S11rit1~ ~U
off ~m~. tJ1~ TaM Ckristi~", £x B~",bsm~"'s ~U off ~m~ ~",b Set'Y~b AS ~sibØ1t
of tJ1~ Norð1 Amvic~", S11rit1~ B~",b Members Assod~ttm1.
NOW. TH£R£fOR£. 1. T omm'i BrOWf1. M~'ior of tJ1~ Cit\f of North
Ric111~",b HiUs bo 11~~b\i 1"'od~im. Apri1 27. 1998. AS:
"Ck~r1~s Hoffm~", D~\i"
m t11~ Cihi of NortJ.t Ric111~",b HiUs ~",b \f1'S~ ~U dttzØ1s to 10m m tJ1is b~'i of
r~cos",ittm1.
IN W1TN£SS WH£R£OF. 111~v~ 11~amto set
m'i 11~",b ~",b c~us~b tJ1~ s~~1 of tJ1~ Cit\f of
North RicJ.d"''''b Hins to b~ ",fflxeb tJ1is tJ1~ 2''''
b~'i of Apri1. 1998.
T omm'i BrOWf1. M~'ior
e
Present:
e
MINUTES OF THE PRE-COUNCil MEETING OF THE CITY
OF NORTH RICH LAND HillS, TEXAS HELD IN THE
PRE-COUNCil ROOM AT CITY HAll, 7301 NORTHEAST
lOOP 820 - APRil 13, 1998 - 6:15 P.M.
Tommy Brown
Mack Garvin
Lyle E. Welch
Frank Metts, Jr.
Jo Ann Johnson
Don Phifer
Cheryl Cowen Lyman
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
Rex McEntire
Greg Dickens
Barry LeBaron
Larry Koonce
Andy Jones
Terry Kinzie
Marty Wieder
Jim Browne
Pam Burney
Richard Albin
Mayor
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
Attorney
Public Works Director
Planning/Inspection Director
Finance Director
Fire Chief
Information Services Director
Economic Development Director
Parks and Recreation Director
Environmental Services Director
Knowlton English Flowers
I ITEM I DISCUSSION I ASSIGNMENT I
CAll TO ORDER Mayor Brown called the meeting to order at
6:15 p.m.
APPOINTMENT Mr. Cunningham advised that the staff had MARTY/RON R.
OF ECONOMIC compiled a list of names for the Council to
DEVELOPMENT consider for appointment to the Economic
ADVISORY Development Advisory Committee. The list is
COMMITTEE numbered under each membership type. With
Council approval, staff will contact the
candidates in numerical order in each category
until someone accepts an appointment. The
Council agreed to the list as presented and to
the methodology proposed by staff.
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Pre-Council Minutes
April 13, 1998
Page 2
I ITEM I DISCUSSION I ASSIGNMENT I
AWARD There were no discussion or questions from TERRY K.
CONTRACT TO the Council.
DPS FOR
INFORMATION
SERVICES
DISASTER PLAN
AUTHORIZE Staff advised the Fire Department would NAN
PURCHASE OF demonstrate the camera during the regular
THERMAL Council meeting. There were no questions
IMAGING from the Council.
CAMERA FROM
CASCO
INDUSTRIES IN
THE AMOUNT OF
$16,000
DISCUSS OTHER Councilwoman Lyman questioned the March 2, NAN
REGULAR 1998 Park Board Minutes, Item No. 7
AGENDA ITEMS regarding the Parks Board participating in the
revision of the pOlicies and procedures for the
naming of city facilities and parks. The Council
Naming Committee explained that the minutes
did reflect accurately what had occurred.
Agenda Item No. 12, PS 98-09 - Staff briefed
the Council on the Planning and Zoning
meeting the previous Thursday night when
they held this public hearing. Staff advised the
recommendation of the Planning and Zoning
Commission was to waive the drainage
analysis requirements and recommend
approval of the replat. Councilman Welch was
concerned about there being any future
drainage issues with the property and the City
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Pre-Council Minutes
April 13, 1998
Page 3
I ITEM I DISCUSSION I ASSIGNMENT I
DISCUSS OTHER being held responsible. The Public Works
REGULAR Director explained the City has required the
AGENDA ITEMS property owner to submit in writing that they do
(Continued) not have any drainage problems and they
cannot come back to the City with any
drainage problems.
NCTCOG Mr. Dan Kessler, NCTCOG Assistant Director NAN
BRIEFING ON of Transportation, made a presentation to the
TRANSPOR- Council briefing them on transportation issues
T A TION/MOBILlTY and the Mobility 2020 plan. There were no
2020 questions from the Council.
ENVIRONMENTAL The Public Works Director briefed the Council GREG/RANDY
PROTECTION on the EPA's proposed Storm Water
AGENCY'S Regulations and the impact it would have on
PHASE II STORM North Richland Hills and other Metroplex cities.
WATER There were no questions from the Council.
PERMITTING
PROGRAM
REVIEW Councilman Metts presented the Ethics PATRICIA
PROPOSAL OF Committee's recommendation to reaffirm the
COUNCil ETHICS current ethics of the Council by amending the
COMMITTEE Council Rules and Procedure to incorporate a
provision that Council members will follow all
Federal and State laws and regulations and
the City Charter related to ethics and conflicts
of interest. Also, the section of the City
Charter relating to Ethics and Chapter 171 of
the State Local Government Code relating to
conflicts of interest will be attached to the
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Pre-Council Minutes
April 13, 1998
Page 4
I ITEM I DISCUSSION I ASSIGNMENT I
REVIEW OF Rules of Procedure. This will enable the
PROPOSAL OF Council to locate and have easy access to
COUNCil ETHICS these provisions in one document. The
COMMITTEE Boards & Commissions Orientation Committee
(Continued) will also be incorporating ethics as it pertains to
the boards in the planned Orientation
Handbook. Staff and employee ethics have
been addressed by a management policy. The
recommendation presented by the Ethics
Committee will be placed on the April 27
Council Agenda for consideration.
Mr. Cunningham introduced Mr. Ron Ragland,
new Assistant City Manager to the Council.
REVIEW OF Mr. LeBaron explained this was being BARRY/RANDY
ACCESSORY presented in response to concerns about
BUilDING accessory buildings that appear to be too large
HEIGHT AND SIZE for residential areas. The Council discussed
REGULA TIONS placing a moratorium on the issuance of
accessory building permits. This will allow the
Planning & Zoning Commission time to review
the regulations and make a recommendation
to Council. Staff suggested imposing a
moratorium for any accessory building more
than ten or twelve feet in height. The
consensus was for staff to place an action item
on the next Council agenda for Council to
consider placing a moratorium on accessory
buildings.
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Pre-Council Minutes
April 13, 1998
Page 5
ITEM DISCUSSION ASSIGNMENT
DISCUSS Councilman Metts advised he had requested JIM B.lRANDY
BACKGROUND this be placed on the agenda for discussion.
INVESTIGA TIONS He advised he would like for the Parks Board
REGARDING to consider adding a paragraph to the
YOUTH SPORTS contracts for youth sports association that
ASSOCIA TIONS would mandate background criminal checks.
USING CITY After discussion, the consensus of the Council
FACILITIES was for the Parks Board to review Councilman
Mett's proposal.
OTHER None.
INFORMA TIONAl
ITEMS
ADJOURNMENT Mayor Brown adjourned the meeting at 7: 18
p.m.
Tommy Brown - Mayor
ATTEST:
Patricia Hutson - City Secretary
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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 - APRil 13,1998 -7:30 P.M.
1.
CAll TO ORDER
Mayor Brown called the meeting to order April 13, 1998 at 7:30 p.m.
ROll CAll
Present:
Tommy Brown
Byron Sibbet
Lyle E. Welch
Mack Garvin
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Cheryl Cowen Lyman
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilwoman
Staff:
Larry Cunningham
Randy Shiflet
Ron Ragland
Patricia Hutson
Greg Dickens
City Manager
Deputy City Manager
Assistant City Manager
City Secretary
City Engineer
Absent:
Rex McEntire
Attorney
2.
INVOCATION
Councilman Metts gave the invocation.
3.
PLEDGE OF AllEGIANCE
4.
SPECIAL PRESENTATIONS
PRESENTATION OF PROCLAMA TIONS-
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City Council Minutes
April 13, 1998
Page 2
"PET ADOPT -A- THON '98 AND BE KIND TO ANIMALS WEEK '98"
Mayor Brown presented Animal Services Supervisor Don Sharp with a proclamation
recognizing May 1-2 as "Pet Adopt-a-Thon '98 and May 2-9 as "Be Kind to Animals Week
'98".
"NATIONAL MEDICAL LABORATORY WEEK"
Mayor Brown presented Mr. Mark Sakovich, Director of Laboratory Service at North
Hills Hospital, with a proclamation designating April 12-18, 1998 as "National Medical
Laboratory Week".
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(7,8, 13, 15, 17, 19, & 20)
Mayor Pro Tern Sibbet moved, seconded by Councilman Phifer, to approve the
Consent Agenda.
Motion carried 7-0.
*7.
MINUTES OF THE PRE-COUNCil MEETING
MARCH 23, 1998
APPROVED
*8.
MINUTES OF THE REGULAR MEETING
MARCH 23,1998
APPROVED
City Council Minutes
April 13, 1998
Page 3
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9.
PZ 98-12 - PUBLIC HEARING TO CONSIDER AMENDING
THE MASONRY REQUIREMENTS IN THE 1-1 LIGHT INDUSTRIAL,
1-2 MEDIUM INDUSTRIAL AND U INSTITUTIONAL DISTRICTS, AND
REVISING THE NOTATION IN THE REMAINING PORTION OF ARTICLE 6-
ORDINANCE NO. 2284
APPROVED
Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or
against the request to come forward.
Mr. LeBaron, Director of Planning, explained the current requirements and the reason
for the amendment.
There being no one else wishing to speak, Mayor Brown closed the Public Hearing.
Councilwoman Johnson moved, seconded by Councilman Welch to approve Ordinance
No. 2284.
e
Mayor Pro Tern Sibbet questioned if the painted walls of the hydite block could be kept
clean in industrial areas.
After discussion Mayor Brown directed staff to bring to Council types of paint to be used
on the hydite block walls.
Motion carried 7-0.
10.
PZ 98-13 - PUBLIC HEARING TO CONSIDER THE REQUEST
OF MARVIN SMITH FOR REZONING FROM AG AGRICULTURAL
TO R-1 RESIDENTIAL ON A PORTION OF TRACT 2, A-311, J.
CONDRA SURVEY. (lOCATED IN THE 7600 BLOCK OF DOUGLAS LANE) -
ORDINANCE NO. 2292
APPROVED
Mayor Brown opened the Public Hearing and called for anyone wishing to speak to
please come forward.
Mr. Marvin Smith, applicant, appeared before the Council in favor of his request.
e There being no one else wishing to speak, Mayor Brown closed the Public Hearing.
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City Council Minutes
April 13, 1998
Page 4
Councilwoman Lyman moved, seconded by Councilman Phifer, to approve PZ 98-13.
Motion carried 7-0.
11.
PS 98-03 - REQUEST OF GREG CLIFTON FOR A SHORT FORM
FINAL PLAT TO BE KNOWN AS lOT 1, BLOCK 1, CLIFTON ADDITION
(lOCATED AT 8912 AMUNDSON ROAD)
APPROVED
Mayor Pro Tern Sibbet questioned the applicant wanting to waive the sidewalk
requirement.
Staff explained the applicant had signed a covenant for future sidewalk improvements.
Councilwoman Lyman moved, seconded by Councilman Phifer, to approve PS 98-03.
Motion carried 7-0.
12.
PS 98-09 - REQUEST OF TRULA THOMAS FOR A REPLA T TO
BE KNOWN AS lOTS 9AR & 9BR, BLOCK 30, FOX HOllOW
ADDITION (lOCATED AT 7732 & 7734 SABLE LANE)
APPROVED
Councilman Garvin moved, seconded by Councilwoman Johnson, to approve PS 98-
09.
Motion carried 7-0.
*13.
GN 98-40 - AUTHORIZE THE PUBLICATION OF NOTICE OF
INTENT TO ISSUE CERTIFICATES OF OBLIGATION -
RESOLUTION NO. 98-16
APPROVED
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City Council Minutes
April 13, 1998
Page 5
14.
GN 98-41 - APPOINTMENT OF ECONOMIC DEVELOPMENT
ADVISORY COMMITTEE
APPROVED
City Manager Cunningham explained to Council the board member selection process
and recommended approval of the resolution.
Councilman Garvin moved, seconded by Councilwoman Lyman, to approve GN 98-41
and use the methodology recommended by staff.
Motion carried 7-0.
*15.
GN 98-42 - APPROVE "NO PARKING" ZONE ON THE NORTH SIDE OF
BROWNING COURT (FROM WULlGER WAY WEST TO THE
END OF THE COURT) -
ORDINANCE NO. 2294
APPROVED
16.
GN 98-43 - APPROVING THE ISTEA CMAQ GRANT
AGREEMENT WITH TXDOT FOR THE COTTON BEL T
MULTI-USE TRAil PROJECT -
RESOLUTION NO. 98-17
APPROVED
Jim Browne, Director of Parks and Recreation presented the proposed Resolution.
Councilwoman Lyman moved, seconded by Councilman Phifer, to approve GN 98-43.
Motion carried 7-0.
*17.
GN 98-44 - USE OF MOBilE COllECTION UNIT BY OTHER CITIES -
RESOLUTION NO. 98-18
APPROVED
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City Council Minutes
April 13, 1998
Page 6
18.
GN 98-45 - RESOLUTION SUPPORTING TRINITY EXPRESS RAilWAY -
RESOLUTION NO. 98-19
APPROVED
Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve GN
98-45.
Motion carried 7-0.
*19.
PU 98-28 - AWARD BID FOR RICHFIELD PARK
PLAYGROUND IMPROVEMENTS TO LANDSCAPING TODAY IN THE
AMOUNT OF $55,218
APPROVED
*20.
PU 98-29 - AWARD BID FOR HEWLETT PACKARD NETSERVERS
FROM MONARCH SYSTEMS, INC. IN THE AMOUNT OF $24,806
APPROVED
21.
PU 98-30 - APPROVE RIGHT-OF-WAY PURCHASES FOR
RUMFIElD ROAD PHASE II WIDENING PROJECT
(FROM SPRING OAK DRIVE TO EDEN ROAD)
APPROVED
Councilman Garvin moved, seconded by Councilman Metts, to approve PU 98-30.
Motion carried 7-0.
22.
PU 98-31 - APPROVE AGREEMENT FOR ENGINEERING
SERVICES WITH CARTER & BURGESS, INC. FOR WASTEWATER
REHABILITATION PROJECT PER EPA ADMINISTRATIVE ORDER
APPROVED
Mayor Pro Tern Sibbet moved, seconded by Councilwoman Johnson, to approve PU
98-31 .
Motion carried 7-0.
City Council Minutes
April 13, 1998
Page 7
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23.
PU 98-32 - AWARD CONTRACT TO DPS FOR INFORMATION
SERVICES DISASTER PLAN
APPROVED
Councilman Phifer moved, seconded by Councilwoman Johnson, to approve PU 98-32.
Motion carried 7-0.
24.
PU 98-33 - AUTHORIZE PURCHASE OF THERMAL IMAGING
CAMERA FROM CASCO INDUSTRIES IN THE AMOUNT OF $16,000
APPROVED
Mr. Andy Jones, Fire Chief, and Mr. Pat Hughes, Operations Chief, demonstrated the
thermal imaging camera to the Council.
Councilwoman Lyman moved, seconded by Councilman Phifer, to approve PU 98-33.
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Motion carried 7-0.
25.
CITIZENS PRESENTATION
None.
26.
ADJOURNMENT
Mayor Brown adjourned the meeting.
Tommy Brown - Mayor
ATTEST:
e Patricia Hutson - City Secretary
/
V
CITY OF
NORTH RICHLAND HILLS
Department
Planning & Inspections
Council Meeting Date:
4/27/98
SubjectPublic Hearing to Consider the Request of Russ Garrison Agenda Number: PS 98-15
of Pipeline Road Church of Christ for a Thoroughfare Plan
Amendment to Delete Simmons Drive North of Mid-Cities Blvd.
Ordinance No. 2297
Pipeline Church of Christ is proposing to plat and develop 17 acres of property north of Mid-Cities
Boulevard and east of Cardinal Lane for a new church facility. The currently adopted Master
Thoroughfare Plan indicates an extension of Simmons Drive from Mid-Cities Blvd. north to Main
Street. The proposed Simmons Drive extension is indicated to be a C-2-U and will be bisecting the
proposed church property, making it extremely difficult to develop in the intended manner.
The Planning Department and the Public Works are not opposed to the removal of Simmons Drive
from the Thoroughfare Plan at this location because it is not proposed to directly align with Simmons
Drive south of Mid-Cities Boulevard (see attached copy of the thoroughfare plan at this location).
The Planning Department's opinion of the request is that it would have no significant adverse affect
on the overall transportation network of the City because both Cardinal Lane and Martin Drive are
existing and could be improved to handle any additional traffic flow resulting from future development
in the area. Additionally, even if the proposed Arcadia development does get constructed on the
south side of Mid-Cities Boulevard, Simmons Drive would be of little benefit. The improvement of
portions of Cardinal Lane and Martin Drive would satisfy any additional traffic demands generated by
the Arcadia development. The segment of Simmons Drive between Martin Dr. and Main St. will
remain on the thoroughfare plan since the pavement already exists.
Staff has notified those property owners directly affected by the proposed Master Thoroughfare Plan
amendment. In reviewing the Thoroughfare Plan for the entire City, it appears as if the removal of
Simmons Drive would have negligible negative impact on traffic patterns, access, and mobility for the
citizens of NRH. The Planning and Zoning Commission considered this at their April 9, 1998 meeting
and recommended approval to delete this portion of Simmons Drive from the Master Thoroughfare
Plan.
RECOMMENDA TION:
It is recommended that the City Council hold the required public hearing and consider the
recommendation of the Planning & Zoning Commission.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
_Other _
Acct. Number
Sufficient Funds Available
ad Signature
CITY COUNCIL ACTION
Fln""c" DIr.ctM
Page 1 of
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Pipeline ·Road Church of Christ
824 West Pipeline Road . Hurst. Texas 76053 . Phone (817) 284-5548
The Family Place
March 23, 1998
Mr. Clayton Husband
City of North Richland Hills
Planning Department
730 I N.E. Loop 820
North Richland Hills, TX 76180
RE: Public Hearing Request for Amendment to Thoroughfare Plan
Dear Calyton:
The Pipeline Road Church of Christ has entered into a contract for the purchase of
approximately 18 acres of property at the 7000 block of Mid-Cities Blvd. Critical to the
development of this property by the Church would be consideration by the P & Z
Commission and City Council of amending the thoroughfare plan for the deletion of the
Proposed Simmons Drive extension to Mid-Cites Blvd.
We are very respectful of the due consideration that the P & Z Commission must
take on all amendments and revisions to the Thoroughfare plan. We would appreciate the
opportunity to discuss these issues and request a scheduled Public Hearing for this
purpose.
We believe, that with consideration, it can be shown that the proposed extension
will not provide the residents of North Richland Hills with any improved access which
does not already exist with Martin/Cardinal Drive to the west of the property. It is noted
that the construction of Mid-Cities Blvd. provided a median cut and tumlanes at the
Cardinal to Mid-Cities intersection and this intersection would be within 500-600 feet of
the proposed Simmons extension.
We await your response. Thank you.
Sincerely,
Pipeline Road Church of Christ
~~ -
Russ Garrison
Building Committee - Chair
ps '''~/S
Elders: Coleman Archer John Bailey
Gene Gwinn Jerry Plemons Bob Robertson
Conrad Beauchamp Jimmy Butler
Kent Robinson John Royse Ben Tatom
Ministers: Jim t-IcDoniel Terry Heidecker Brian Herrian
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POOL TRUST
E-SYSTEMS. INC.
P.O. BOX 660248, Dallas. TX 75266-0248
6250 LBJ Fr,¡eway. Dallas. TX 75240
Tel 972.661.1000
II ~;~~c~~~S
March 18, 1998
Mr. Clayton Husband
City of North Richland Hills
Planning Department
7301 N.E. Loop 820
North Richland Hills, TX 76180
RE: Authorization for thoroughfare amendment and zoning change to institutional use
Dear Clayton:
We hereby authorize Pipeline Road Church of Christ to take the following actions with
regard to the property shown on the attached drawing:
1.
Pursue amendment of the thoroughfare plan to delete any requirement for a public
road through the property; and
2. Pursue a zoning change for the property to the category Institutional" which
permits use as a church site,
We are the owners of the land in question and have contracted to sell the land to the
Church. There are no unpaid taxes or liens on the property.
Very truly yours,
~w~
Trustee
cc:
Mark Howe
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PS 98-09
EARING TO CONSIDER THE REQUEST OF TRUlA THO
E KNOWN AS lOTS 9AR & 9BR, BLOCK 30,
(lOCATED AT 7732 & 7734 SABl
APPROVED
Vice Chairman Davis opened
forward.
Mr. Roland Rodriguez, Dowdy
explaining that the propert
be sold.
presented this request
t one-half of the duplex may
is called for additional proponents. Se
nts. Seeing none, the public hearing was clos
ehring made the motion to approve PS 98-09 granting the waiv
quired drainage analysis and GPS coordinates.
Mr. Ferguson seconded the motion and it carried 5 - O. Messrs. Nehring,
5.
PS 98-15
PUBLIC HEARING TO CONSIDER THE REQUEST OF RUSS GARRISON OF
PIPELINE ROAD CHURCH OF CHRIST FOR A THOROUGHFARE PLAN
AMENDMENT FOR THE DELETION OF SIMMONS DRIVE NORTH OF MID-
CITIES BOULEVARD
APPROVED
Mr. Baker explained that Russ Garrison represents Pipeline Road Church of
Christ, who is seeking to purchase and develop approximately 17 acres of land
north of Mid-Cities Blvd as a new church facility. The current Thoroughfare Plan
shows the construction of Simmons Drive directly through the church's property
and they would like to see this extension deleted.
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Mr. Baker stated that he has spoken with Bill Guidema of Arcadia Realty and E-
Systems and they expressed no concern over the possible deletion of Simmons
Drive from the Master Thoroughfare Plan. Additionally Public Works as well as
the Planning Department have no problem with this deletion from the Master
Thoroughfare Plan.
Page2-~
it/ 7/7 g
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Vice Chairman Davis opened the public hearing and asked for any proponents.
Mr. Mark Harwell, 6325 Sunset Road, NRH, spoke in favor of this request. He
owns property at 8620 Martin and the road, as proposed, would run along his
west property line.
Mr. Russ Garrison explained that the deletion of the proposed Simmons Drive is
for the development of their property but stated also that they don't believe that
Simmons Drive, as proposed, would provide any traffic benefit to the area.
Seeing no additional proponents, Vice Chairman Davis called for any opponents.
Mr. Kirby Cox, 8601 Cardinal Lane, was opposed to this request. He is
concerned about drainage issues from the proposed church facility.
It was explained to Mr. Cox that drainage issues would be discussed and
resolved during the platting process.
Seeing no more opponents, the public hearing was closed.
Mr. Wood, seconded by Mr. Miller, moved to approve PS 98-15. The vote
carried 5 - O. Messrs. Wood, Miller, Davis, Ferguson & Nehring were in favor of
e this request.
STA
Mr. Keith Lang, 8800 Marti ated that he
property just sout n Drive and the possible tra
generat In Drive if this church goes in.
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Page 3 -Me1'98
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ORDINANCE NO. 2297
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AN ORDINANCE BY THE CITY OF NORTH RICHlAND HillS, TEXAS, AMENDING
THE MASTER THOROUGHFARE PLAN REGARDING SIMMONS DRIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has
forwarded a recommendation to the City Council for amendment of the Master Thoroughfare
Plan of the City of North Richland Hills, Texas; and
WHEREAS, the City Council has conducted a Public Hearing to consider said revisions, and
after hearing, determines that such revisions shall be adopted; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HilLS,
TEXAS:
1.
THAT, the Master Thoroughfare Plan of the City of North Richland Hills adopted by the City
Council on August 25, 1985 shall be amended by deleting Simmons Drive between Mid-Cities
Blvd. and Martin Dr.
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2.
THAT, the Master Thoroughfare Plan be redrawn to incorporate this amendment.
3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council
that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
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Ord. 2297
Page I
4.
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SAVINGS CLAUSE. That the Master Thoroughfare Plan 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; and that the Master Thoroughfare Plan shall hereafter reflect these revisions.
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 9TH DAY OF APRIL
1998.
Chairman, Planning and Zoning Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 27TH DAY OF APRIL, 1998.
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Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
APPROVEDlf'S TO CONTENT:
lSM-~ \, ~,~
Departm t Head
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
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Ord. 2297
Page 2
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Amendment to Council Rules of Procedure -
Subject: Ordinance No 2296
Council Meeting Date: 4/27/98
Agenda Number: GN 98-46
The Mayor appointed a Council Ethics Committee consisting of Frank Metts (Chairman), Byron Sibbet
and Don Phifer. The Ethics Committee gathered ethics policies from other cities, as well as state law
and City Charter related to code of conduct by elected and appointed officials. After considerable
review and evaluation, the Ethics Committee recommended that the Council Rules be amended to
incorporate a provision indicating that members shall follow all federal and state laws and regulations
and City Charter. This recommendation was presented at the April 13, 1998 Pre-Council Meeting. It
was Council consensus to put this ordinance amendment to the Council Rules on the April 27, 1998
Council Meeting for approval.
Recommendation:
It is recommended that Ordinance No. 2296 be approved.
Finance Review
Source of Funds:
Bonds (GO/Rev,)
Operating Budget _
Other
Acct. Number
Sufficient Funds Available
Department Head Signature
CITY COUNCIL ACTION
Fin,,".. D..Clor
Page 1 of
ORDINANCE NO. 2296
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BE IT ORDAINED by the City Council of the City of North Richland Hills,
Texas, that:
1.
Ordinance No. 984 is hereby amended to include Section 1.2, and
attachments A & B, and now and hereafter read as follows:
"1.2 Code of Conduct
The Mayor and Council Members shall follow all Federal and State
laws and regulations, as well as the City of North Richland Hills
Charter, in regard to their actions as elected officials. Section 13 of
Article XVIII of the City Charter shall be followed (Attachment A).
State law concerning conflicts of interest is described in Chapter
171 of the State of Texas' Local Government Code, entitled
Regulation of conflicts of interest of officers of Municipalities,
Counties, and certain other local governments (Attachment B). II
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PASSED AND APPROVED this 27th day of April, 1998
APPROVED
Tommy Brown, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
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ATTACHMENT A
CIlY OF NORTH RICHLAND HILLS
CHARTER
ARTICLE XVIII
Section 13. Ethics
(1) No elected or appointed officer or employee of the City shall benefit unduly by
reason of his holding public office.
(2) No officer or employee having a direct or indirect interest in any proposed or
existing contract, purchase, work, sale or service to or by the City shall vote or render a
decision, or use his position, authority or influence in a manner that would result in his
financial betterment to any degree. Further, any elected officer shall publicly disclose any
such interest upon assumption of office or prior to consideration of any such matters. This
provision is cumulative to Article 371 and 373 of the Penal Code, and all other applicable
laws in regard to elected officers.
(3) Failure to comply with any provisions of the foregoing Section 13 (1) or 13 (2)
shall constitute malfeasance in office and any officer or employee failing to so comply shall
immediately forfeit his office or position, and said office or position shall be deemed vacant.
(4) Any violation of the foregoing Sections 13 (1) or 13 (2) with the knowledge,
express or implied I of persons or corporations contracting with the City shall render the
contract voidable by the Council.
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ATTACHMENT B
CHAPTER 171. REGULATION OF CONFLICTS OF INTEREST OF OFFICERS OF
MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER lOCAL GOVERNMENTS
Sec, 171.001. Definitions.
In this chapter:
(1) "Local public official" means a member of the governing body or another
officer, whether elected, appointed, paid, or unpaid, of any district (including a school
district), county, municipality, precinct, central appraisal district, transit authority or
district, or other local governmental entity who exercises responsibilities beyond those
that are advisory in nature.
(2) "Business entity" means a sole proprietorship, partnership, firm,
corporation, holding company, joint-stock company, receivership, trust, or any other
entity recognized by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 171.002. Substantial Interest in Business Entity.
(a) For purposes of this chapter, a person has a substantial interest in a business
entity if:
(1) the person owns 10 percent or more of the voting stock or shares of the
business entity or owns either 10 percent or more or $15,000 or more of the fair market
value of the business entity; or
(2) funds received by the person from the business entity exceed 10 percent of
the person's gross income for the previous year.
(b) A person has a substantial interest in real property if the interest is an
equitable or legal ownership with a fair market value of $2,500 or more.
(c) A local public official is considered to have a substantial interest under this
section if a person related to the official in the first degree by consanguinity or affinity,
as determined under Chapter 573, Government Code, has a substantial interest under
this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28,1989; Acts 1991,
72nd Leg., ch. 561, Sec. 37, eff. Aug. 26,1991; Acts 1995, 74th Leg., ch. 76, Sec.
5.95(27), eff. Sept. 1, 1995.
ATTACHMENT B
e Sec. 171.0025. Application of Chapter to Member of Higher Education Authority.
This chapter does not apply to a board member of a higher education authority
created under Chapter 53, Education Code, unless a vote, act, or other participation by
the board member in the affairs of the higher education authority would provide a
financial benefit to a financial institution, school, college, or university that is:
(1) a source of income to the board member; or
(2) a business entity in which the board member has an interest distinguishable
from a financial benefit available to any other similar financial institution or other school,
college, or university whose students are eligible for a student loan available under
Chapter 53, Education Code.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 41(a), eff. Aug. 28,1989.
Sec. 171.003. Prohibited Acts; Penalty.
(a) A local public official commits an offense if the official knowingly:
(1) violates Section 171.004;
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(2) acts as surety for a business entity that has work, business, or a contract
with the governmental entity; or
(3) acts as surety on any official bond required of an officer of the
governmental entity.
(b) An offense under this section is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
Sec. 171.004. Affidavit and Abstention From Voting Required.
(a) If a local public official has a substantial interest in a business entity or in real
property, the official shall file, before a vote or decision on any matter involving the
business entity or the real
property, an affidavit stating the nature and extent of the interest and shall abstain from
further participation in the matter if:
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(1) in the case of a substantial interest in a business entity the action on the
matter will have a special economic effect on the business entity that is distinguishable
from the effect on the public; or
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ATTACHMENT B
(2) in the case of a substantial interest in real property, it is reasonably
foreseeable that an action on the matter will have a special economic effect on the
value of the property, distinguishable from its effect on the public.
(b) The affidavit must be filed with the official record keeper of the governmental
entity.
(c) If a local public official is required to file and does file an affidavit under
Subsection (a), the official is not required to abstain from further participation in the
matter requiring the affidavit if a majority of the members of the governmental entity of
which the official is a member is composed of persons who are likewise required to file
and who do file affidavits of similar interests on the same official action.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
Sec. 171.005. Voting on Budget.
(a) The governing body of a governmental entity shall take a separate vote on any
budget item specifically dedicated to a contract with a business entity in which a
member of the governing body has a substantial interest.
(b) Except as provided by Section 171.004(c), the affected member may not
participate in that separate vote. The member may vote on a final budget if:
(1) the member has complied with this chapter; and
(2) the matter in which the member is concerned has been resolved.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Renumbered from Sec.
171.006 and amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28,1989.
Sec. 171.006. Effect of Violation of Chapter.
The finding by a court of a violation under this chapter does not render an action
of the governing body voidable unless the measure that was the subject of an action
involving a conflict of interest would not have passed the governing body without the
vote of the person who violated the chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Renumbered from Sec.
171.008 by Acts
1989, 71 st Leg., ch. 1, Sec. 40(a), eff. Aug. 28, 1989.
Sec. 171.007. Common Law Preempted; Cumulative of Municipal Provisions.
III
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ATTACHMENT B
(a) This chapter preempts the common law of conflict of interests as applied to
local public officials.
(b) This chapter is cumulative of municipal charter provisions and municipal
ordinances defining and prohibiting conflicts of interests.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 40(a), eff. Aug. 28,1989.
Sec. 171.009. Service on Board of Corporation for no Compensation.
It shall be lawful for a local public official to serve as a member of the board of
directors of private, nonprofit corporations when such officials receive no compensation
or other remuneration from the nonprofit corporation or other nonprofit entity.
Added by Acts 1989, 71st Leg., ch. 475, Sec. 2, eff. Aug. 28,1989.
IV
CITY OF
NORTH RICHLAND HILLS
Department:
Planning & Inspections
Council Meeting Date:
4/27/98
Subject:Consider a Moratorium on the issuance of Building Permits Agenda Number: GN 98-47
-or Accessory HUlldlngs exceeding 12' In height in the R-1, R-2,
And R-3 Residential Zoning Districts. Ordinance No. 2298
At the City Council Pre-meeting workshop on April 13, 1998, staff was directed to prepare an
ordinance declaring a moratorium on building permits for accessory buildings that exceed 12 feet in
height, but only in the R-1, R-2, and R-3 zoning districts. The moratorium would expire in six months.
This time frame will allow the Planning and Zoning Commission to review current regulations,
consider any amendments and conduct the necessary public hearings prior to forwarding a
recommendation to the City Council. The moratorium is being declared in response to concerns by
the City Council over accessory buildings constructed in residential districts that appear too large for
most residential settings.
RECOMMENDA TION:
It is recommended that the City Council approve Ordinance Number 2298.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
_ Operating Budget
WOt
Acct. Number
Sufficient Funds Available
Fin."",; DIr.Clef
Page 1 of
ORDINANCE NO. 2298
e
AN ORDINANCE BY THE CITY OF NORTH RICHlAND HillS, TEXAS,
DECLARING A MORATORIUM ON BUILDING PERMITS FOR ACCESSORY
BUilDINGS EXCEEDING TWELVE FEET IN THE R1, R2, AND R3 RESIDENTIAL
ZONING DISTRICTS; DIRECTING THE PLANNING AND ZONING COMMISSION
TO STUDY ISSUES CREATED BY lARGE ACCESSORY BUILDINGS; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council is concerned about large accessory buildings in residential zoning
districts, and
WHEREAS, the City Council desires to declare a moratorium on the issuance of building
permits for accessory buildings that exceed twelve feet in height in the R1, R2, and R3
Residential zoning districts, and determines that said moratorium is necessary; now therefore,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HilLS,
TEXAS:
1.
e
THAT, no building permit shall be issued and no accessory building shall be constructed which
exceeds twelve feet in height in the R 1, R2, and R3 zoning districts for a period of six months.
2.
THA T, the Planning and Zoning Commission is directed to study any and all issues created by
the construction of large accessory buildings and report their findings within the six (6) month
moratorium.
3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that
the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
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Ord. 2298
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SAVINGS CLAUSE. That any and all other ordinances of the City of North Richland Hills,
Texas, as amended, shall remain in full force and effect.
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCil THIS 27th DAY OF APRIL, 1998.
Mayor, City of North Richland Hills, Texas
ATTEST:
City Secretary
City of North Richland Hills, Texas
e
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
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Ord, 2298
Page 2
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 4/27/98
Subject: Approve "No Parkinq, Stoppinq, or Standinq" Zone
along the North Side of Bogart Drive at the East
Entrance to Fort Worth Christian School-
Ordinance No. 2299
Agenda Number: GN 98- 48
The Public Works Department has received several complaints concerning people who
park near the Fort Worth Christian School driveway entrance located on Bogart Drive.
This is the first driveway entrance to the school located 250 feet west of the intersection of
College Circle. During school hours motorists will park on Bogart Drive near the driveway
entrance, blocking the view of motorists who are leaving the school property to access
Bogart Drive. Staff has discussed this situation with the Fort Worth Christian School
Administration and they agree that this is a problem.
It is recommended the "No Parking, Stopping, or Standing" zone be designated for the
north side of Bogart Drive 40 feet east and west of the driveway entrance located 250 feet
west of College Circle, during school days only from 7:00 a.m. - 8:00 a.m. and 2:30 p.m. _
4:00 p.m.
Recommendation:
Staff recommends Council approve Ordinance No. 2299.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds ÄvallaDle
Finance Director
Page 1 of
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ORDINANCE NO. 2299
In order to protect the health and safety of the City and its inhabitants IT IS
ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, that:
1.
It shall hereafter be unlawful for any person to park, stop, stand, or leave
unattended any motor vehicle along the north side of Bogart Drive for the first 40 feet
east and west of the edge of the east driveway entrance to the Fort Worth Christian
School, during school days between the hours of 7:00 a.m. to 8:00 a.m. and from 2:30
p.m. to 4:00 p.m. Said entrance is 250 feet west of College Circle in the 7600 block of
Bogart Drive.
2.
It is ordained that the appropriate NO PARKING, STOPPING, OR STANDING
signs shall be installed along the right-of-way of the above public street, giving the
public notice of this parking regulation.
3.
Any person violating any portion of this ordinance shall be deemed guilty of a
misdemeanor and fined not in excess of $200.00
4.
This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
PASSED AND APPROVED, this the 27th day of April, 1998.
APPROVED:
A nEST:
Tommy Brown, Mayor
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 4/27/98
Subject: Approve "No Parkinq Anytime" Zone for Dawn Drive Agenda Number: GN 98- 49
at the Chartwell Drive Intersection - Ordinance No. 2300
The Public Works Department is requesting the west side of Dawn Drive for 100 feet north
and south of the Chartwell Drive intersection be designated as a "No Parking Anytime"
zone.
Visitors at the park located at 6400 Glenview Drive (Linda Spurlock Park) are parking
vehicles and leaving them unattended on both sides of Dawn Drive. This is mainly
occurring on weekends and is creating traffic congestion and a sight visibility problem for
motorists traveling on the street. Motorists who stop on Chartwell Drive to access Dawn
Drive have their visibility blocked by the cars parked along the west side of Dawn Drive.
The "No Parking Anytime" signs would be placed on the first 100 feet north and south of
the Chartwell Drive intersection on the west side of Dawn Drive.
Recommendation:
Staff recommends Council approve Ordinance No. 2300.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds ÄvallaDle
Finance Director
t Head Signature
Page 1 of
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ORDINANCE NO. 2300
In order to protect the health and safety of the City and its inhabitants, IT IS
ORDAINED BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, that:
1.
It shall hereafter be unlawful for any person to park or leave unattended any
motor vehicle along the west side of the Dawn Drive within 100 feet of the centerline of
Chartwell Drive where it intersects with Dawn Drive.
2.
It is ordained that the appropriate NO PARKING ANYTIME signs shall be
installed upon the right-of-way of the above public street giving the public notice of this
parking regulation.
3,
Any person violating any portion of this ordinance shall be deemed guilty of a
misdemeanor and fined no in excess of $200.00.
4.
This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
PASSED AND APPROVED, this the 2¡th day of April, 1998.
APPROVED:
Tommy Brown, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for the City
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CITY OF
NORTH RICHLAND HILLS
I
. Department:
Economic Development Council Meeting Date:
4/27/98
G N 98-50
Subject:
Presentation of Conceptual Financial Plan to Create Agenda Number:
a Richland Plaza Tax Increment Financing District
On February 23, Council approved the revision of the Mackey Creek Channel Improvements and
passed a resolution expressing the City's intent to create a Tax Increment Financing (TIF) District in
and around the Richland Plaza shopping center development. Such a district was proposed by staff to
help fund the approximately $900,000 more than the original improvements as passed in the 1985
Bond Election.
Chapter 311 of the Texas Tax Code states that a City may initiate the creation of a TIF District if the
area's present condition "substantially impairs City growth" or has "substandard or deteriorating, faulty
layout, unsanitary or unsafe conditions that endanger life".
Upon creation of a TIF district, the existing tax value in the designated district would be temporarily
frozen--with all additional improvements dedicated to paying off the Mackey Creek north channel
improvements. The project would be debt financed, with the life of the TIF proceeding until the bonds
were retired. While we will approach all five taxing entities to help share the burden of paying for these
improvements, the City will assume bond oversight and accountability.
ince the last discussion with Council, staff has worked with representatives of First Southwest
Company to prepare the attached conceptualized financial plan for your review and comment--as
stipulated by State law. With your acceptance of this conceptualized plan, we will go to work on a
formal financing plan and a project plan, which will later be presented to the other taxing jurisdictions.
Following a series of public meetings and formal votes to participate in the TIF zone, you will then
appoint a TIF District Board with representation from each taxing entity.
RECOMMENDA TION
It is the recommendation of City staff that Council accept the Richland Plaza TIF District conceptualized
financial plan and authorize preparation of a formal financing plan and project plan.
Finance Review
Acct. Number
Sufficient Funds Available
Finance Director
Page 1 of
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TAX INCREMENT REINVESTMENT ZONE ANALYSIS
PREPARED BY:
FIRST SOUTHWEST COMPANY
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CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE ANALYSIS
TABLE OF CONTENTS
FINANCING OPTIONS FOR TAX INCREMENT SUPPORTED DEBT
TAB A
SOURCES OF TAX INCREMENT FUND REVENUES
TABB
PROJECTED TAX INCREMENT FUND CASH FLows
TABC
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CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE ANALYSIS
FINANCING OPTIONS FOR
TAX INCREMENT SUPPORTED DEBT
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CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE ANALYSIS
TAX INCREMENT REVENUE CALCULA nONS
The City creates the Tax Increment Reinvestment Zone,
The Base Value is the value that is on the ground when the Tax Increment Reinvestment
Zone (the "Zone") is Created.
The Captured Assessed Valuation is the real property which is added to the tax base
after Zone is created. The Captured Assessed Valuation does not include nersonal
nronertv.
The Tax Increment Reinvestment Zone has no taxing powers; however, participating
political subdivisions' tax revenues generated on the Captured Assessed Valuation are
diverted to the Tax Increment Fund.
Tax increment revenues can only be used for the benefit of the property within the Zone,
including paying for capital improvements and paying debt service on bonds issued for
improvements,
A Tax Increment Reinvestment Zone has a defined period of existence which is generally
related to the term of debt. Once the Zone is abolished, the tax revenues are no longer
diverted to the Tax Increment Fund.
The City creates the Zone and is the issuer of debt. Other participating political
subdivisions allow their tax revenues to be diverted to the Tax Increment Fund and have
representation on the TIRZ Board.
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CITY OF NORTH RICHLAND HILLS
TAX INCREMENT REINVESTMENT ZONE ANALYSIS
FINANCING OPTIONS FOR TAX INCREMENT SUPPORTED DEBT
Certificates of Obligation
· Generally, the same rating as general obligation bonds;
· Require a pledge of tax increment revenues and ad valorem property taxes;
· Are subject to vote if petitioned by 5% of the registered voters;
· Most cost effective debt option;
· Sold on a more timely basis.
Revenue Bonds
· Supported solely by the revenues generated by the tax increment reinvestment
zone;
· Cannot generally be marketed until improvements are on the ground;
· Generally, these are sold at a lower rating than certificates of obligation;
· They require the use of a Reserve Fund and restrictive additional issuance
covenants;
. Higher borrowing costs,
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CITY OF NORTH RICHLAND HILLS
Flow-of-Funds
Tax Increment Reinvestment Zone, Certificates of Obligation
Tax Increment
Interest Fund
Tax Increment Fund
þ¡.
Debt Service Fund
,~-
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Bond Holders
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During construdion period only.
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TAX INCREMENT REINVESTMENT ZONE ANALYSIS
SOURCES OF TAX INCREMENT FUND REVENUES
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'- CITY OF NORTH RICHLAND HILLS
I Tax Increment Reinvestment Zone Number One
Estimated Tax Revenues
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100% 100% 100% 100% 100%
I Total City of Tarrant Tarrant Cty. Tarrant Cty, Birdville Total
Fiscal Captured \¡. Richland Hilh County Jr. College Hosp. Dist. ISD Tax Rate
Year Valuation $ 0.570000 $0.264840 $0.057690 $0.234070 $ 1.500500 $ 2.627100
I 1998
1999 2,500,000 14,250 6,621 1,442 5,852 37,513 65,678
I 2000 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2001 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2002 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
I 2003 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2004 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
. 2005 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2006 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2007 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
I 2008 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2009 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2010 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
I 2011 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2012 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
I 2013 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2014 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2015 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
I 2016 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2017 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
I 2018 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2019 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
2020 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207
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TAX INCREMENT REINVESTMENT ZONE ANALYSIS
PROJECTED TAX INCREMENT FUND CASH FLOWS
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Tax Increment Reinvestment Zone Number One
Sources of Funds
Expense Item
Amount
Construction Fund
Capitalized Interest (one year)
$ 850,000.00
50,000.00
Total Uses of Funds
$ 900,000.00
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CITY OF NORTH RICHLAND HILLS
Tax Increment Reinvestment Zone Number One
Tax Increment Fund - Coverage Calculations
I 17-Apr-98
I $ 900,000
Certificate Certificate
Fiscal Pledged Debt Certificate Coverage
I Year Revenues Service Coverage Ratio
1998 nla
I 1999 65,678 49,500 CAP- I nla
2000 141,207 49,500 91 ,707 2,85
2001 141,207 92,250 48,957 1.53
I 2002 141,207 89,888 51,319 1.57
2003 141,207 87,525 53,682 1.61
I 2004 141,207 85,163 56,044 1.66
2005 141,207 82,800 58,407 1.71
2006 141,207 80,438 60,769 1.76
. 2007 141,207 78,075 63,132 1.81
2008 141,207 75,713 65,494 1.87
I 2009 141,207 73,350 67,857 1.93
2010 141,207 70,988 70,219 1.99
2011 141,207 68,625 72,582 2,06
I 2012 141,207 66,263 74,944 2,13
2013 141,207 63,900 77,307 2.21
2014 141,207 61,538 79,669 2.29
I 2015 141,207 59,175 82,032 2.39
2016 141,207 56,813 84,394 2.49
I 2017 141,207 54,450 86,757 2.59
2018 141,207 52,088 89,119 2.71
2019 141,207 49,725 91,482 2.84
I 2020 141,207 47,363 93,844 2,98
I Interest rate is 5.25%
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.Department: Economic Development
Council Meeting Date:
4/27/98
GN 98-51
Subject:
Resolution Amending Guidelines and Criteria Agenda Number:
for Granting Tax Abatement in Reinvestment Zones
Created in the City of North Rich/and Hills--Resolution 98- 21
City Council readopted the Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones
Created in the City of North Richland Hills on March 24, 1997 (and amended them on September 22,
1997) to help structure abatement agreements over the following two years, as allowed by State law.
According to these Guidelines & Criteria, the City may grant property tax abatements of up to 500% of
investment by a business in eligible property for manufacturing, research, regional distribution, regional
service, regional entertainment/tourism or regional retail facilities, as well as for the equipment and
facilities used in other basic industry.
In 1997, Council members informally agreed to limit future abatements to no more than 50% of the
value of new improvements in a single year. Yet as presently written, the Guidelines & Criteria allow up
to 100% of value in a single year. Thus, staff is proposing an amendment to resolve this difference.
Also, NRH may have the opportunity to add a number of new major entertainment facilities in the
coming months--and in the process, attract more sales tax revenues to the City. Yet the Guidelines &
Criteria's definition for "Regional EntertainmentITourism Facility" reads as follows:
~). "Regional EntertainmenUTourism Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used to provide entertainment and/or tourism
related services, from which a majority of revenues generated by activity at the facility are
derived from outside Tarrant County (my emphasis).
If the Council was to amend the Guidelines and Criteria to state that a majority of revenues generated
by activity at the facility "are derived from outside North Richland Hills"--as is stated in the definition for
"Regional Retail Facility"--it may help our City's chances of attracting these major entertainment
attractions over one of our adjoining Cities. To help ensure that such investments are substantial,
however, it is necessary to recommend that such investments be not less than five million
($5,000,OOO)--as is also required for regional retail facilities.
RECOMMENDATION
It is the recommendation of City staff that Council adopt Resolution 98-21-·A Resolution Amending
Guidelines and Criteria For Granting Tax Abatement in Reinvestment Zones Created in the City of
North Richland Hills.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
.~ Ung udget
I
Acct. Number
Sufficient Funds Available
Finance Director
Page 1 of
.
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS AMENDING GUIDELINES & CRITERIA FOR GRANTING TAX
ABATEMENT IN REINVESTMENT ZONES CREATED IN THE CITY OF NORTH
RICHLAND HILLS.
WHEREAS, the North Richland Hills City Council has previously adopted a set of
"Guidelines & Criteria" for granting tax abatement in reinvestment zones created within
the City of North Richland Hills, Texas; and
WHEREAS, the adopted "Guidelines & Criteria" authorize abatements for
approved manufacturing, research, regional distribution, regional service, regional
entertainment/tourism, regional retail, regional health care or other basic industry
facilities; and
WHEREAS, the "Guidelines & Criteria" presently allow the value of an abatement
to total 100 percent of the value of eligible property improvements in a single year; and
.
WHEREAS, the North Richland Hills City Council has taken an informal position
in the past year of limiting the value of future abatements to not exceed 50 percent of
value of eligible property in a single year; and
WHEREAS, the present "Guidelines & Criteria" definitions for regional retail and
regional entertainment/tourism facilities differ as to geographic source of a majority of
revenues and amount of minimum investment required for abatement qualification; and
WHEREAS, both regional retail and regional entertainment/tourism facilities can
generate large amounts of sales tax revenues for the City.
NOW THEREFORE BE IT RESOLVED that the North Richland Hills City Council
does hereby amend the "Guidelines & Criteria" for granting tax abatement in
reinvestment zones created within the City of North Richland Hills, Texas, as follows
(items changed or amended are underlined):
Section 1, DEFINITIONS:
(n) "Regional EntertainmentITourism Facility" means buildings and structures,
including fixed machinery and equipment, used or to be used to provide
entertainment and/or tourism-related services, from which a majority of revenues
generated by activity at the facility are derived from outside North Richland Hills.
Section 2, ABATEMENT AUTHORIZED, (I) Economic Qualification, (1) and (3) to read
. as follows:
.
.
(1) For a new facility (with the exception of a regional retail or regional
entertainment/tourism facility), be reasonably expected to invest not more
than three million dollars ($3,000,000) in the facility (including both eligible
and ineligible property) within three years from commencement of
construction and be expected to create employment for not less than 10
persons associated with production of goods and services as the
authorized facility on a full-time permanent basis in the City of North
Richland Hills.
(3) For regional retail and regional entertainment/tourism facilities, be
reasonably expect to invest not less than five million ($5,000,000) in the
facility (including both eligible and ineligible property) with three years
from the commencement of construction and be expected to create
employment for not less than 10 persons associated with the production
of goods and services at the authorized facility on a full-time, permanent
basis in the City of North Richland Hills.
PASSED AND APPROVED this 27th day of April, 1998.
APPROVED:
Tommy Brown, Mayor
ATTEST:
Patricia Hutson, City Secretary
AS TO WORDING AND CONTENT:
~
r, Director of Economic Development
APPROVED AS TO FORM AND LEGALITY:
. Rex McEntire, Attorney for the City
. .
CITY OF
NORTH RICHLAND HILLS
Department City Secretary
Council Meeting Date: 04/27/98
Subject:
Approving Admini~tr;::ltivp. Pnlidp.~ ;::Inn Prnr.p.nllrp.~ for Agenda Number: GN ÇlR-fi?
Appointments to City's Boards, Commissions & Committees
The Board/Commission Orientation Committee appointed by Mayor Brown included JoAnn Johnson and
Cheryl Lyman. The Committee proposes to initiate an orientation program and handbook for the City's
Advisory Boards. The attached Policies and Procedures for Appointment to Boards/Commissions details
specific procedures discussed by the committee. Outlined below are some of the items that the
Committee is proposing that are included in the Policies and Procedures.
I. Appointment Process
a. Applications are submitted to the City Secretary. The City Secretary will forward the applications
to the Council Members who have a vacancy on a board.
b. The City Secretary will send a letter acknowledging receipt of the application.
c. The City Secretary will send a notification letter of appointment/reappointment.
II. Orientation Meeting
An annual orientation meeting will be held in the Council Chambers. Each new and reappointed
member will be required to attend the orientation meeting. The members would be presented with
general information that will orient them to their positions and the Orientation Handbook will be given
to each board member.
III. Individual Department Orientation
The individual departments would be responsible for departmental tours, briefings on status of
projects and information specific to that particular board.
IV. Receptions/Meetings with Boards/Commissions
a. An annual reception will be held in expression of Council's appreciation. The Committee is
recommending the continuation of the gift and the recognition of each Board at the reception.
b. The Council is to receive annual written reports from each Board. The report is to include the past
year's accomplishments, goals and projects for the next year and would identify any areas
needing Council direction.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget _
~er _
I ~aðvMi~.ture
. CITY COUNCIL ACTION I
Finance 0_
Page 1 of
CITY OF
NORTH RICHLAND HILLS
V. ResignationslTerms Ended
a. Plaques of appreciation will be presented annually at a Council meeting at the completion of each
Board member's first two-year term of office. The plaques will have a replaceable plate engraved
with the member's years of service. For each subsequent completion of a two-year term of
service, each board member will be presented with an engraved plate to replace the previous
plate on their plaque.
b. Certificates of appreciation will be presented annually at a Council meeting to all outgoing
members who served less than two years of service.
VI. Attendance Requirements
A Board member must attend 50% of the Board's meetings within a 12 month period. An automatic
resignation from the Board will result if the member does not meet this requirement. The City
Secretary will advise the Council member who made the nomination when a Board member's
attendance is 25% or less so that the member may be notified.
Attached to the Policies and Procedures are some of the forms and letters being proposed.
The Orientation Handbook addresses the following topics discussed and addressed by the Committee:
a. Role & Responsibilities of Boards/Commissions
b. Relationship with Staff
c. Relationship between Council and Board Member
d. Communication with the Council.
e. Information on the Open Meetings Law, Conflict of Interest, Ethics, Discrimination, Voting &
Affidavit of Disqualification
f. Information on the appointment process, terms of office, attendance at meetings, resignations,
agendas, minutes, and meetings.
The Council Board/Commission Orientation Committee will be presenting the Orientation Handbook and
their recommendations for the policies and procedures for the City's Advisory Boards at the Pre-Council
Meeting prior to the regular meeting.
Recommendation:
It is recommended that the City Council consider and take action on the recommendation of the
Board/Commission Orientation Committee.
CITY COUNCIL ACTION ITEM
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CITY OF NORTH RICH LAND HILLS
ADMINISTRATIVE POLICIES AND PROCEDURES FOR APPOINTMENTS TO
BOARDS/COMMISSIONS/COMMITTEES
PURPOSE
This directive sets forth the comprehensive process for items pertaining to
appointments to the city's boards/commissions/committees, including advertising for
candidates, application form, processing information to the City Council; appointment
timetable; attendance records; certificates of appointment; oaths-of-offices; and
plaques/certificates of appreciation.
POLICY
The City Council of the City of North Richland Hills has the duty under the City
Charter to appoint citizens to various boards/commissions/committees. It is the stated
desire and intent of the City Council to provide for an orderly appointment process to be
followed by city staff and to encourage participation by interested residents. The
Council Member whose place number corresponds with the numbered place on the
Board/Commission nominates a person to a Board. The nomination is subject to
approval by the City Council as a whole.
PROCEDURES
All ordinances, resolutions, and by-laws governing appointments to boards/
commissions/committees of the City of North Richland Hills shall be written in such a
manner so that the appointments shall be effective on one uniform date each year,
being June 1.
APPLICATIONS
All citizens interested in being appointed to a board/commission/committee must
submit a completed application (Attachment No.1) to the City Secretary, which will be
distributed to the Mayor and City Council, to be considered for appointment.
The City Secretary shall provide the application form to citizens upon request, as
well as information sheets on the various boards/commissions/committees of the City of
North Richland Hills appointed by the City Council.
The City Secretary shall advertise in the news media, the city's cable television
station, the city's public information media, or as otherwise directed by the City Council,
an invitation to citizens to submit an application indicating their interest and
qualifications to serve on a board/commission/committee.
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All applications submitted to the City Secretary shall be date stamped received
and shall be retained by the City Secretary for a period of one (1) year and shall be
used during that one (1) year in making appointments to boards/commissions/
committees as vacancies occur. The City Secretary upon receipt of an application will
send a letter acknowledging receipt of the application.
The City Secretary shall compile all applications received and forward to the
Mayor and City Council in a timely manner for their consideration for expiring terms of
office and/or vacancies.
The City Secretary will send a letter from each Council Member who has a
board/commission/committee member with an expiring term of office to let them know
their term of office is up, to determine if the member wants to be considered for
reappointment and if they wish to update the application they have on file.
APPOINTMENT PROCESS
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The City Secretary will provide each City Council Member, by separate packet, a
worksheet listing the Council Member's appointments on the city's boards/
commissions/committees with expiring terms of office, date of original appointment, last
reappointment date, and attendance records, as well as the data sheets available. This
packet will be contained in the city's updated Boards/Commissions/Committees
Notebook.
Appointments shall be made to boards/commissions/ committees by the first
regular Council meeting in June or as soon thereafter as possible. Each Council
Member with boards/commissions/committee positions open will make their
nominations so that their positions may be filled by the first Council meeting in June.
Certificates of Appointments (Attachment No.2) will be prepared by the City
Secretary and signed by the Mayor, for all newly appointed or reappointed members to
the city's boards/commissions/committees. These certificates will be mailed to the
members along with a congratulatory letter.
Appreciation letters will be sent by the City Secretary to all individuals who were
not appointed. They will be advised that their applications will be retained for one year
and that they will be notified as other vacancies and/or expiring terms of office occur
during the year.
Vacancies on boards/commissions/committees caused by resignations shall be
filled as soon as possible by the Council Member, subject to approval by the City
Council, for which the vacancy occurs to complete the unexpired term of office.
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Policies & Procedures
Page 2
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TERM OF OFFICE
Members shall be appointed for two year terms with the exception of those
boards or commissions with other established term lengths. Appointments are made in
June of each year. Where applicable, members with odd-numbered place designations
will be reappointed in odd-numbered years; members with even-numbered place
designations will be reappointed in even-numbered years. A member may be removed
at the discretion of the City Council at any time, with the exception of members of the
Planning and Zoning Commission and Zoning Board of Adjustment that would be
removed for cause. The maximum time limits for length of service on a board,
commission or committee, will be at the discretion of the Council Member who made
the appointment. In the event a vacancy occurs prior to the expiration of a term, the
City Council may appoint a new member to complete the unexpired term.
If a member finds it necessary to resign before their term is completed, a letter of
resignation should be submitted to the City Council through the City Secretary's office.
The City Secretary will forward it to the appropriate Council Member who made the
appointment with a copy to the boards/commissions' staff liaison.
ATTENDANCE RECORDS
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Attendance records shall be maintained by all city staff providing support to the
various city boards/commissions/committees and will forward the attendance report to
the City Secretary's Office at the end of the month. The City Secretary's Office will
prepare and submit quarterly reports to the City Council on attendance. (Attachment
No.3) An automatic resignation from the Board will result if a Board Member misses
fifty percent of the board's meetings within a 12 month period. The City Secretary will
advise the Council Member who made the nomination when attendance is 25 percent
or less so that the Council Member may notify the Board Member.
Attendance at all regular meetings, called - special meetings, and workshops by
each board/commission/committee member will be recorded on an attendance record
form (Attachment No.3).
RESPONSIBILITIES
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The purpose of the boards/commissions/committees is to assist the City Council
in carrying out their obligations to the citizens of North Richland Hills. The City Council
has the ultimate responsibility for policy decisions. The Boards and Commissions
provide a line to the Council for citizen input. Each board member is encouraged to
communicate with the Council. The Boards and Commissions advisory responsibilities
assist the City Council in making informed decisions for the City. Members of each
Board/Commission work together as a whole body to form the consensus of their board
which is transmitted to the Council.
Policies & Procedures
Page 3
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Each board/commission/committee will submit an annual written report to the
City Council. The report will include the past year's accomplishments, goals and
projects for the next year, and will identify any areas that they would like further
direction on from the City Council.
A staff member who is assigned to a board has the function of performing
support services, providing technical data, preparing agendas, posting notices of
meetings, preparing minutes and other related functions. The staff member will meet
with new members prior to their first meeting for a briefing on procedures, legal
responsibilities, duties of the board and background information on items that may be
considered at the next meeting.
PLAQUES OF APPRECIATION
Plaques of appreciation will be presented annually to board/commission/
committee members at the completion of their two (2) year term at a regular monthly
City Council Meeting by the Mayor, except for those instances where members resign
at other times during the year. The plaques will have a replaceable plate engraved
with the board member's years of service. For each subsequent completion of a two
year term of service, each board member will be presented with an engraved plate to
replace the previous plate on their plaque.
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CERTIFICATES OF APPRECIATION
Certificates of Appreciation (Attachment No.4) will be presented to all outgoing
board/commission/committee members who have served less than two (2) years of
service to the city annually at a regular monthly Council meeting by the Mayor, except
for those instances where members resign at other times during the year.
ANNUAL RECEPTION
An annual reception will be held in expression of the Council's appreciation to
the board and commission members for their past year of service. Each board will be
introduced and recognized at the reception. The boards will also be recognized for
their accomplishments and activities the past year.
STATEMENTS OF APPOINTED OFFICIALS/OATHS OF OFFICE
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Statements of Appointed Officials and Oaths of Office must be administered to
the newly appointed or reappointed board/commission/committee members before any
official business is conducted by the member. The Statement of Appointed Official
must be administered by the City Secretary or a notary public and filed with the
Secretary of State before the member can take the oath of office. Members shall
receive the oath of office on induction. The members must sign the oath and it must be
kept with the City's official records in the City Secretary's office. Those persons who
Policies & Procedures
Page 4
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are authorized to administer the oath of office are the City Secretary, or any notary
public. The staff member assigned to the board is responsible for securing the
necessary oath.
OFFICERS OF BOARDS/COMMISSIONS/COMMITTEES
Officers of each of the city's boards/commissions/ committees will be elected in
accordance with the ordinance, resolution, or by-laws. Each board/commission/
committee shall elect a chair and secretary. All newly elected officers shall be reported
to the City Secretary for inclusion in the Councils boards/commissions/committees
notebook.
ORIENTATION/ONGOING EDUCATION PROGRAM
Upon completion of the appointment process, new members should become
familiar with all aspects of their particular board/commission/committee. To aid in this
process, an annual orientation meeting will be held. Each new and reappointed
member shall attend the orientation meeting. In addition, some of the boards and
commissions, particularly those that are statutory in nature, will also be required to
attend workshops specifically related to their area.
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AGENDAS/MINUTES/MEETINGS
All meetings of a board, commission or committee appointed by the City Council
shall be open to the public. The place, date and time of the meeting must be posted at
least 72 hours prior to the meeting on the bulletin board located in the lobby next to the
Police Department.
A statement regarding assistance for disabled persons should be on all agendas
as well as a statement of the time posted and the name of the person posting it. The
notice should include a brief agenda of business to be discussed including approval of
the minutes of the prior meeting.
As well as being posted, the agenda is sent to each member of the relevant
board or commission, the City Council and a copy furnished to the City Secretary and
City Manager.
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The Staff Liaison assigned to each board or commission is responsible for taking
the minutes at all meetings of the board or commission and typing them in proper
format. In some instances, a board, commission or committee may not have an
assigned staff support personnel to take the minutes. In those instances, a secretary
should be elected at the organizational meeting. That person will be responsible for
taking the minutes at all meetings. If at any time secretarial assistance is needed with
the recording or processing of the minutes, the board should contact their staff support
personnel. Minutes of each meeting shall accurately reflect the names of those
Policies & Procedures
Page 5
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members in attendance and absent. The signed original copy of the minutes is to be
delivered to the office of the City Secretary for permanent filing. The City Secretary will
forward a copy of the signed minutes to the City Council members. The staff liaison
assigned to the board, commission or committee will be responsible for distributing
copies of the minutes to the board/commission members.
The minutes of all board, commission and committee meetings are open records
and are available for public inspection in the City Secretary's office during regular
business hours.
Meetings should be conducted in accordance with the Texas Open Meetings
Act, Roberts Rules of Order and the Rules of Procedure and other statutes that are
relevant to the specific board, commission, or committee.
PROVIDING/MAINTAINING UPDATED INFORMATION
The Boards/Commissions/Committees Notebook will be maintained and updated
by the City Secretary's office. If a member has a change of address or phone number
during the year, that information should be submitted to the City Secretary's office and
to the board member's city staff liaison. City staff support to the boards/commissions/
committees will be responsible for providing to the City Secretary's Office up-to-date
information on addresses and telephone numbers for their boards/commissions/
committees members. A copy of each notebook is to be retained permanently in the
City's History Photo Historical files.
Policies & Procedures
Page 6
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April 18, 1998
Mr, John Doe
1111 Holiday Lane
North Richland Hills, TX 76180
Dear Mr, Doe:
Thank you for submitting your application to be considered by the City Council for
appointment to one of the City's Advisory Boards.
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Your application will be forwarded to the Mayor and City Council for their review and
consideration when a vacancy occurs. You will be notified if you are appointed to
one of the Advisory Boards. Your application will remain on file for one year.
We appreciate your interest and willingness to serve your City.
.
Sincerely,
Patricia Hutson
City Secretary
A similar letter would be sent acknowledging each application
received. The letter would also advise that if there were not any
vacancies their application would be forwarded to the Council for
consideration when a vacancy occurred. The letter would
acknowledge receipt of the application and inform the applicant
when he might be considered for an appointment.
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April 19, 1998
Mr. John Doe
1111 Holiday Lane
North Richland Hills, TX 76180
Dear Mr. Doe:
The City Council appointed you on June 8, 1998 to Place 2 on the Planning and Zoning
Commission. Your term of office is for two years and will expire June 1, 2000.
We welcome you as a member of the Planning and Zoning Commission. The City Council
and I appreciate your willingness to donate your time and service to the City. Please
contact Patricia Hutson, City Secretary, at 581-5502, at your earliest convenience in order
to complete the Statement of Appointed Officer that must be filed with the Secretary of
State before the administration of your Oath of Office. Mr. Barry LeBaron, Director of
Planning and staff liaison to the Planning and Zoning Board, will be contacting you about
the upcoming meetings and further information. You may also reach him at 581-5530.
Again, thank you for volunteering your service to this board.
Sincerely,
Tommy Brown
Mayor
A letter similar to this would be sent after each
appointment/reappointment is made. The letter would
also include information about the annual mandatory
orientation meeting.
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Attachment No. 1
NRH
BOARDS/COMMISSIONS/COMMITTEES
INFORMATION PACKET
The North Richland Hills City Council currently makes appointments to 13 city
boards/commissions/committees. Appointments are considered by the Council during
June of each year for expiring terms of office on the following:
Planning and Zoning Commission
Board of Adjustment
Civil Service Commission
Beautification Committee
Industrial Development Committee
Park and Recreation Board
Board of Appeals
Teen Court Advisory Board
Animal Control Shelter Advisory Board
Health Facilities Development Corporation
Cable Television Board
Library Board
Town Hall Committee
In addition to these standing appointments, the Council may, from time to time, appoint
persons to fill interim terms created by current members who can no longer serve.
Information sheets on all of the above boards and commissions are attached in this
packet, as well as an application to be completed by interested citizens for
consideration to these appointments. The data sheets are submitted to the Council
prior to upcoming appointments and as vacancies occur during the year. The data
sheets are retained by the City Secretary for a period of one year.
We encourage interested citizens to visit with any Council Member and express their
desire to serve our community in any of these capacities.
'NRH
BOARD/COMMISSION CANDIDATE APPLICATION
Attachment No.1
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NAME:
HOME ADDRESS:
EMPLOYER: YEARS:
OCCUPATION: WORK PHONE:
SPOUSE'S NAME: HOME PHONE: RESIDENT SINCE:
CHILDREN: Name: Age: Name: Age:
Name: Age: Name: Age:
PREVIOUS Street Address:
RESIDENCE:
City: State: ZIP
I AM INTERESTED IN SERVING ON [ Check one or more ]:
D PLANNING & ZONING D PARK & RECREATION D CABLE TELEVISION
COMMISSION BOARD BOARD
BOARD OF D BOARD OF D LIBRARY
D ADJUSTMENT APPEALS BOARD
D CIVIL SERVICE D TEEN COURT ADVISORY TOWN HALL
COMMISSION BOARD D COMMITTEE
D BEAUTIFICATION D ANIMAL CONTROL SHELTER
e COMMITTEE ADVISORY BOARD
D INDUSTRIAL DEVELOPMENT D HEALTH FACILITIES DEVELOPMENT
COMMITTEE CORPORATION
MEMBERSHIPS, ORGANIZATIONS AND PREVIOUS EXPERIENCE ON CITY COMMISSIONS:
COMMENTS ABOUT YOURSELF ( SPECIAL INTERESTS AND ANY OTHER PERTINENT INFORMATION):
WHY YOU WOULD LIKE TO SERVE ON A SPECIFIC BOARD AND WHY DO YOU FEEL YOU WOULD BE A GOOD
BOARD MEMBER:
RETURN COMPLETED FORM TO:
CITY SECRETARY'S OFFICE
P.O. BOX 820609
NORTH RICH LAND HILLS, TX 76182-0609
(817) 581-5502
FAX (817) 581-5516
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REVISED: 03-04-98
CITY OF NORTH RICHLAND HILLS
CS-030
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Attachment No. 1
Attached would be an information sheet listing the Advisory Boards, the meeting times,
and a brief description about each.
Attachment No.2
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City of
North Richland Hills
Certificate of Appointment
Awarded to:
Carol Benoit
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Appointed to the
North Richland Hills
Library Board, Place 4
from June 1996 to June 1998
Issued on this
day of
1998.
Mayor
Councilmember, Place 4
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TEXAS COUNTY PRINTING & SERVICES
In the name and by authority of
The State of Texas
OATH OF OFFICE
I,
, do solemnly swear (or
afftrm), that I will faithfully execute the duties of the offtce of
of the
State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws
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CITY OF
NORTH RICHLAND HILLS
Department: Finance / Public Works
Council Meeting Date: 4/27/98
Subject: Award Bid for Asphalt Applicator/Melter to Crafco Texas Agenda Number: PU 98-33
In the Amount of $42,400
In the '1997/98 approved budget, Council appropriated funds for the purchase of a
Blackwell kettle to be used by the Public Works Street Division to seal cracks in asphalt
streets. At the December 22, 1997 meeting, PW 97-28, Council approved the Crack
Sealing Program and the purchase of a rubberized asphalt melter with a compressed air
unit and pavement cutter instead of the kettle. Formal bids were solicited for this
equipment and the results are outlined below.
LSA Sales Company
$41 ,841
$42,400
Crafco Texas, Inc.
The unit offered by LSA Sales is a model manufactured by Berry and did not meet the
minimum specifications. The references provided by the company did not have the same
type of equipment offered by LSA or specified by the City. For the difference in the bids,
'Staff does not feel it would be in the best interest of the City to purchase the equipment
offered by LSA Sales. The equipment offered by Crafco Texas met all the specifications
and general conditions of the bid and can be delivered in thirty days.
Recommendation: It is recommended City Council award the bid for a rubberized asphalt
melter/applicator to Crafco Texas in the amount of $42,400.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 26-01-03-6600/01-60-04-6400
Sufficient Funds Available
~ ~. Finance Director
,
;) I
'-.-_..~.! '
PrlOP. 1 of
CITY OF
NORTH RICHLAND HILLS
.
Department: Finance
Council Meeting Date: 4/27/98
Subject: Authorize Interlocal Agreement with the City of Bedford Agenda Number: PU 98-34
For the Purchase of Crafco Melter/Applicator
Formal bids were solicited for an asphalt melter/applicator to be used by the Public Works
Department and is listed on the agenda for approval. The City of Bedford has requested to
purchase one of these units through the City bid after Council awards the contract. The
recommended vendor, Crafco Texas has agreed to sell the City of Bedford this equipment
at the City bid price.
Recommendation: It is recommended Council authorize the Interlocal agreement with the
City of Bedford for the purchase of a Crafco asphalt melter/applicator.
Finance Review
Source of Funds:
Bonds (GO/Rev,)
Operating Budget
Other
Account Number
Sufficient Funds Available
dÞ1;, 14--<-<-- ~6'" ~
Depa ~nt Head Signature .
Finance Director
P::!np 1 "f
..
.
INTERLOCAL AGREEMENT
BETWEEN
CITY OF NORTH RICHLAND HILLS AND CITY OF BEDFORD
This agreement is made this day of April, 1998, by and between the City of North
Richland Hills and the City of Bedford, Tarrant County, State of Texas.
Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413 (32c)
Vernon's Annotated Texas Statutes} providing for the cooperation between local
governmental bodies, the parties hereto, in consideration of the premises and mutual
promises contained herein, agree as follows:
I.
The above listed City of Bedford, hereinafter referred to as Member, makes, constitutes and
appoints the City of North Richland Hills as its true and lawful purchasing agent for the
purchase of selected goods and products through the Cities' Cooperative Purchasing
Program. Member agrees that the City of North Richland Hills shall serve as the purchasing
agent for said items, and agrees that the bidding shall be conducted by the City of North
Richland Hills according to its usual bidding procedures.
.
II.
Member agrees that all specifications for said items shall be determined in cooperation with
Member, with the final approval by the City of North Richland Hills.
I II.
Each Member shall be responsible for placing orders directly with and payment directly to the
Vendor under each contract entered into pursuant to the cooperative purchasing program,
and shall be responsible for the Vendor's compliance with all conditions of delivery and
quality of the purchased items. No member shall be obligated to purchase any item merely
by virtue of that member approving specifications for said item, or by requesting to be
included in an "open" contract for such items.
IV.
Member shall designate an official representative to act for the Member in all matters relating
to this cooperative purchasing program, including the designation of specific contracts in
which the Member desires to participate.
.
"
V.
. This agreement shall take effect upon execution by the signatories.
.
.
VI.
This agreement shall be in effect from the date of execution until terminated by either party to
the agreement by written notice to the other party stating the date of such termination.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by
their authorized officers the day and year first written above.
CITY OF NORTH RICHLAND HILLS
CITY OF BEDFORD
BY:
MAYOR
TITLE:
Approved As To Form:
Rex McEntire
Attorney for the City
..
,
CITY OF
NORTH RICHLAND HILLS
.
Department: Finance
Council Meeting Date: 4/27/98
Subject: Award Bid for Installation of Telemetric Water Meters to Agenda Number: PU 98-35
Prosource Group, Inc. in the Amount of $274,339.
Since 1992 the City has been replacing the old standard meters with Badger telemetric
meters at a rate of approximately 1,800 per year. At the February 23, 1998 meeting,
Council approved Ordinance No. 2281 authorizing a one-year plan that will complete the
city-wide conversion to telemetric meters. The Ordinance also authorized inclusion of
funds for the purchase and installation of approximately 9,500 telemetric meters in the
1998 bond sale (GN 98-25). In order to speedup the conversion process as well as
generate additional revenue by having more efficient water meters installed, formal bids
were solicited for an outside company to complete the installation of these meters.
Three bids were requested with one bid submitted by ProSource Group, Inc. in the amount
of $274,339. The budget for this project is $316,240. Because of the technology
involved the specifications requested bidders have experience installing Trace/Badger
radio frequency pit water meters. They are the only local company with this type of
experience. ProSource Group met all the specifications and general conditions of the bid
. and can complete the installation in 180 working days. The references checked stated the
company is very responsive, knowledgeable and is completing the project within the
required time line.
The City will enter into a contract immediately upon approval of this bid with ProSource
Group. The specifications and contract will require the contractor to document each meter
that is installed and to thoroughly test each new installation to insure the meter was
installed and works correctly. The installations will also be inspected by City crews. The
contractor will be paid monthly only for the number of meters that have been correctly
installed. The contract also includes liquidated damages of $100 per day for each day
past the 180-day project completion time.
Recommendation: It is recommended City Council award the bid for installation of
telemetric water meters to ProSource Group, inc. in the amount of $274,339.
Finance Review
~~~~
Depa nt Head Signature
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
p",,,,,, 1 "f
~
UTILITY CAPITAL IMPROVEMENTS
Telemetric Water Meter 1998 Replacement Program
02-23-05
PROJECT DESCRIPTION
The Telemetric Water Meter Replacement Program is the purchasing and installing of remote read water meters.
The meters transmit their reading by radio waves to the meter reader's integrating device when sent a specific
signal requesting response. City Council authorized a one-year plan to complete the City-wide conversion to
telemetric meters on 2/23/98. The Ordinance also authorized inclusion of funds for the purchase and installation
of approximately 9,500 telemetric meters in the 1998 bond sale.
PROJECT STATUS Beginning Ending
!late !late
Purchase of Meters Feb-98 Jan-99
Installation Apr-98 Jan-99
FINANCIAL DATA
Total
Funding Source Amount to 1997/1998 1998/1999 Remaining Project
Date Budget Budget Budget Cost
1998 Certificates of Obligation $0 $1,750,000 $0 $0 $1,750,000
Total $0 $1,750,000 $0 $0 $1,750,000
Project Expenditures
Installation $0 $316,240 $0 $0 $316,240
Purchase of Meters 0 1,433,760 0 0 1 ,433,760
Total $0 $1,750,000 $0 $0 $1,750,000
IMPACT ON OPERATING BUDGET
It is anticipated that the telemetric meters will recover water revenues of approximately $100,000.
The telemetric meters will also be on a regularly scheduled replacement schedule. The estimated
life of the transponder is 15-20 years, and the meter base and battery life is approximatley 7-10 years.
Projected Annual
Operating Impact
Revenues
Replacement Expense
1997/1998
1998/1999
1999/2000
2000/2001
2001/2002
$0
$100,000
$30,000
$100,000
$40,000
$100,000
$40,000
$100,000
$50,000
CITY OF
NORTH RICHLAND HILLS
Parks and Recreation
Department:
Council Meeting Date:
4/27/98
Subject:
Renewal of Soft Serve Yogurt/Ice Cream Contract
Agenda Number: PU 98- 36
Sunbelt Distributors, Inc. has been the City's contract vendor for various ice cream, yogurt and
"Lemon Chill" products since the opening season (1995) of NRH20 Family Waterpark. The current
contract with Sunbelt Distributors expired March 31, 1998. Staff has met with Sunbelt Distributors
and they have sent written notice of their desire to exercise their option to extend the contract until
March 31,2001. The City has enjoyed a positive and mutually beneficial working relationship with
Sun belt over the past three years and has determined that continuing the relationship with Sunbelt
is in the best interests of NRH20 and the City of North Richland Hills.
Staff has negotiated the extension and some highlights of the contract are presented below:
· Vendor will continue to provide equipment to enable NRH20 to sell the various ice cream,
yogurt, "Lemon Chill" and novelty products. The equipment will have a value of no less than
$15,000. Upon execution of the contract extension, Sunbelt Distributors will provide an
additional ice cream storage freezer and an additional novelty ice cream cart. Installation and
maintenance of all equipment is provided by Sunbelt. The vendor must respond to a service
request no later than 24 hours after the call has been placed.
· A Sponsorship fee of $15,000 will be payable to NRH20 no later than 15 days after signing the
contract.
· Promotional materials to include: point of purchase signs, menu boards, clocks and
promotional banners.
In 1997 we purchased $35,858 in ice cream goods from Sunbelt Distributors. NRH20 ice cream
product sales for the 1997 season totaled $81,334. Ice cream sales account for 29% of all food
and beverage sales, 37% of all food sales and 86% of all snack item sales. The contract will be
renewed for a duration of three years, expiring on March 31, 2001. At the end of the summer
season in the year 2000, NRH20 and Sunbelt will have the option of extending the contract an
additional two years.
Recommendation:
It is recommended that City Council approve and authorize staff to execute the renewal contract
with Sunbelt Distributors, Inc.
Finance Review
'--
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
Other
____\ ~ ~. _ r--
Department Head Signature
CITY COUNCIL ACTIO
Acct. Number
Sufficient Funds Available
~"
FiNnQl'DnctØ
Page 1 of
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Soft Serve Yogurt, Ice Cream and Lemon Chill Vendor Agreement
City of North Richland Hills and Sunbelt Distributors, Inc.
This agreement is entered into this the day of , 1998 by
and between the City of North Richland Hills/NRH20, hereinafter referred to as
"NRH20" and Sunbelt Distributors, Inc. I an authorized wholesale distributor of Dreyers
Ice Cream, Eskimo Pie Soft Serve Yogurt, Nestle Ice Cream Novelties and Lemon Chill,
hereinafter referred to as "Vendor."
WHEREAS, the parties hereto wish to set forth in witing the terms of this Agreement.
THEREFORE, NOW, in consideration of the mutual promises and covenants herein
contained, the parties hereto agree as follows:
Terms of contract
This Agreement will be signed for a duration of three (3) years, beginning April 1 , 1998
and ending March 31, 2001. At the end of the summer season of the year 2000, the
Vendor and NRH20 have the option of extending the contract t'NO (2) more years
ending March 31, 2003. If the contract extension is agreed upon by the Vendor and
NRH20, the Vendor will have first right of refusal on a new contract after the 2003
season.
Eauioment
Vendor will provide a minimum of one (1) ice cream storage freezer, one (1) Lemon
Chill cart, t'NO (2) ice cream novelty carts, one (1) milk shake mixer, one (1) soft serve
yogurt dispensing machine, one (1) ice cream dipping cabinet and one (1) ·Collider"
mixing machine at no charge to NRH20. Vendor will also provide point of sale
equipment which may include, but not limited to, menu boards, neon signs, point of sale
signs, aprons, hats and shade umbrellas at no charge to NRH20. NRH20 will use
these items for employees who sell Vendor's products.
Price
Vendor will sell to NRH20 and NRH20 will buy from Vendor during the term of this
Agreement all of NRH20's requirements for soft serve yogurt, ice cream products, and
Lemon Chill products required to service the public in connection with NRH20 Family
Water Park operation only. In the event Vendor needs to raise the wholesale price, the
Vendor's price increase shall not exceed the average market price increases for similar
products. Vendor agrees to provide NRH20 with witten justification in the event there
is a price increase of Vendor's products. NRH20 reserves the right to cancel this
Agreement with a sixty day (60) written notice if price increases are not clearly
1
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justifiable to market conditions or if wholesale price increases of Vendor exceed
average market price increases for similar products.
Product Liability
Vendor agrees to indemnify and hold harmless NRH20 from liability, loss, damage and
expenses arising due to mechanical malfunctions or consumer consumption by the
Vendor dispensing equipment. Provided that NRH20 supplies the proper grounded
electrical equipment in a clean, safe sanitary condition and environment. NRH20 will
comply with all state, county and city ordinances, laws and regulations pertaining to the
sanitary handling of Vendor products(s).
Installation/Service/Repair
Vendor will install and maintain Vendor equipment at no charge to NRH20. Vendor will
charge for repairs that have been caused by operator error. Such operating errors may
include, but not limited to, failure to lubricate yogurt machine and running equipment
without product. Vendor will assist NRH20 in the training of proper maintenance of
equipment. Repair and response time of no greater than 24 hours during operating
hours of 8:00 a.m. to 5:00 p.m., with a Vendor representative on call 24 hours a day,
seven (7) days a week.
e Promotional Materials
Vendor will provide at no charge to NRH20 on certain stock items such as Vendor point
of purchase signs, Vendor point of sale, Vendor menu boards, Vendor clocks, and
Vendor promotional banners, etc. Placement and appearance of the aforesaid product
identification shall be mutually developed between NRH20 and Vendor to the
satisfaction and approval of both parties, however, final approval of appearance or
methods of providing product identification shall rest with NRH20. NRH20 will provide
labor to erect all signage. During the term of this agreement, Vendor agrees to update
any and all product identification materials and signage that, in the discretion of
NRH20, are necessary to maintain the appearance of the park. Vendor shall have the
right to identify NRH20 in any of Vendor's advertising or promotional activities and shall
have the right to identify Vendor as the exclusive Lemon Chill, Dreyer's, Nestle and
Eskimo Pie vendor of NRH20.
Sponsorship
Vendor will provide a total sum of $15,000 to NRH20. The Vendor will pay the total
sum, $15,000, no later than 15 days after the signing of the Agreement. Failure to
receive payments by the due date, will result in NRH20 holding payment of product of
equal or greater value to Vendor with no interest penalties assessed by the Vendor.
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After NRH20 receives any late sponsorship fees, NRH20 will resume any product
payments to Vendor,
Rebate ProQram
Vendor will provide a rebate on all Nestle ice cream novelties purchased by NRH20
during the first contract year. Vendor will provide a rebate on all products sold to
NRH20 for the remaining years of the Agreement. Both NRH20 and the Vendor will
mutually agree upon the rebate.
NRH,O's Representations
1) Vendor's logo will be placed on written promotional material and signage where
all sponsor's logos have been placed and for promotional/special events that
have been provided by Vendor. NRH20 reserves the right to place Vendors
logos how NRH20 deems appropriate.
2) Vendor will be the exclusive soft serve yogurt, Lemon Chill, ice cream and ice
cream novelty provider. NRH20 reserves the right to purchase a product that
Vendor does not provide or cannot provide at a competitive price on industry
prices on that product.
e Independent Contractors
Nothing herein contained shall be deemed to make or create by and bet\Yeen NRH20
and Vendor any relationship of agency, partnership, or joint venture.
Events of Default
Performance of this Agreement will be conducted with the spirit of mutual cooperation
and benefit. Upon the happening of anyone or more of the following events, this
Agreement may be terminated by the non-defaulting party hereto upon sixty (60) day
'Mitten notice of the other party. In the event of cancellation or termination of this
Agreement, there will be no reimbursement by NRH20 to Vendor of any sponsorship or
merchandise investment made up to the date of cancellation.
A)
B)
Any material breach of anyone or more of the terms and conditions of the
Agreement, in which said breach is not cured within (10) days of written notice
by the aggrieved party to the defaulting party, or as mutually agreed upon by
both parties.
The insolvency, voluntary and involuntary bankruptcy, judicial liquidation or
reorganization, appointment of receiver or trustee, or corporate dissolution by, or
on behalf of either party.
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C)
Inappropriate service of the account with respect to delivery of product,
response times and/or maintenance of equipment and machines that, in the
discretion of NRH20 does not meet standards for efficient operation. With
regard hereto, NRH20 will provide Vendor with a written notice of warning.
Vendor will have thirty (30) days to rectify the grievance of NRH20 and
substantially comply with service standards as set forth in the written notification.
In the event either party wishes to terminate this Agreement based on inability
or unwitlingness to resolve said service of non-compliance, notice must be given
to the other party by certified mail, return receipt requested, at least (60) days
prior to termination of Agreement.
Nonassianabilitv
This Agreement is not assignable by either party without the prior written consent of
both parties involved.
Nonwaiver
This Agreement contains the entire understanding of the parties hereto and supersedes
all previous agreements and understanding between the parties. No failure by either
party to exercise any power given them hereunder or to insist upon strict compliance by
the other party of any obligation hereunder shall constitute a waiver of the parties'
rights to demand exact compliance with the terms of this Agreement.
Governina Law
This Agreement shall be construed in accordance with and shall be governed by the
laws of the State of Texas.
This Agreement consisting of the terms, funding and performance commitments
provided herein, contains the entire understanding and agreement between the parties
hereto regarding the subject matter hereof and supersedes all other agreements
between the parties relating to the purchase ice cream, ice cream novelty, lemon Chill
and soft serve yogurt products by NRH20. This Agreement may be amended or
modified only by writing and signed by each of the parties.
4
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If the foregoing correctly sets forth our Agreement, please so indicate by signing all
copies of this Agreement in the place provided for that purpose below, v.tIereupon this
Agreement shall constitute a binding agreement between NRH20 and Vendor.
Sunbelt Distributors, Inc.
City of North Richland Hills/NRH20
By:
By:
Title:
Larry J. Cunningham, City Manager
By:
By:
Title:
Rex L. McEntire, Attorney for the City
Date:
Date:
5
CITY OF
NORTH RICHLAND HILLS
Department: I nformation Services
Council Meeting Date: 4/27/98
Subject: Rescind Bid Award For Fiber Optics Construction
Agenda Number: ,PU 98-37
Staff is greatly concerned about the performance of Matson Builders, who was awarded the bid
for fiber optics construction at the February 23, 1998 Council meeting. Staff believes it to be in
the best interest of the City to rescind the award and re-bid the project based on the following
information. Mr. Bruce Schremp of Technology Decisions Incorporated (TDI) who was hired by
the City for professional assistance with this project is also in concurrence that the City should
re-bid the project.
The RFP outlined, in detail, the responsibilities of the successful Bidder are to build a "turn-key"
fiber optic network using any combination of aerial or buried fiber. The requirements included
the design, engineering, construction as well as obtaining all permits for the project. From
February 23 to this writing, Matson has performed minimal work on the project and construction
has not started.
Attached is a list of chronological events supporting this decision.
Key points to consider are:
1. Matson was awarded the bid for $405,406.79 on February 23, 1998;
2. Matson has declined to sign a contract with the City;
3. TU Electric has stated that Matson did not seek permission from TU to attach fiber
to TU's utility poles within North Richland Hills;
4. TU Electric has declined the City's written request to attach our fiber to their poles
within North Richland Hills;
5. Matson has submitted a counter offer in the amount of $518,947.37, an increase
of $113,540.58 to install a total underground solution.
In summary, Staff and TDI believe that Matson has not performed in an acceptable manner for a
cohesive professional business relationship on a project of this magnitude. Matson has also
attempted to shift major responsibilities for this project to the City.
Recommendation: Council reject the latest counter offer from Matson Builders, rescind the
award to Matson and allow staff to re-bid the fiber optics project.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~O-~-f~
Dep rtment Hea Sign ture
Page 1 of 1
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CHRONOLOGICAL EVENTS BETWEEN CITY OF NORTH RICHLAND HILLS. TDI. & MATSON
Fiber RFP completed by Bruce Schremp of TDI - November 1997
Fiber Optic Bid First Advertised - November 8, 1997
Pre-Bid Meetings - November 17 & 26, 1997
Bids Opened - December 8, 1997
Proposals Received from TU Electric & Matson Builders
Best & Final Offers - January 5, 1998
Matson assures CitylTDI that fiber can be attached to TU poles.
Additional Negotiations with Matson - January 12, 1998
Matson re-assures CitylTDI that fiber can be attached to TU poles.
Agreement by Staff to Award Bid to Matson - January 29, 1998
Staff place Bid Award on February 9 Agenda - January 29, 1998
Matson Project Manager Resigns - February 5, 1998
Matson Bid Bond Expires - February 6, 1998
Matson withdraws Bid as no one within their company is now familiar with the
project and project paperwork was missing - February 6, 1998
Verbal agreement with Matson to reconsider. Staff to allow Matson time to re-
evaluate the job. - February 6, 1998
Staff recommends to Council to postpone bid award to the February 23, 1998
Council meeting giving Matson time to re-evaluate. - February 9, 1998
Matson re-evaluates and agrees to proceed with the project - February 19, 1998
Bid Awarded to Matson for $405,406.79 for an aerial and underground solution _
February 23, 1998
Written acknowledgement from Matson received by Information Services stating
that the City would need to apply for all permits as they would need to be in City's
name. - February 24, 1998
First Construction meeting with Matson - February 25, 1998.
Matson, Sub-Contractor (Cap Rock), Texas Dept. of Transportation (TEXDOT),
TU Electric, Public Works, Bruce Schremp (TDI), Purchasing and Information
Services personnel in attendance.
TEXDOT will not allow City to use IH 820 right-of-way for buried fiber. Matson
had not contacted TEXDOT. Fiber Route of travel modified.
Purchasing asks Matson to sign contract. Matson asks for changes to the
contract. Contract not signed by Matson. City made changes and sent new
contract.
Sub-Contractor meets with City to discuss new route - March 9, 1998
City meets with TU Electric to discuss new route - March 11, 1998
TU indicates they have not received a request from Matson, at any time, to
attach fiber to TU poles within North Richland Hills and that in the interest of
saving time, the City should send a letter to request such attachment.
City sends letter written to TU Electric from City requesting attachment of fiber to
utility poles - March 11, 1998.
Telephone conversation with TDI to evaluate contractors lack of performance
according to RFP guidelines.
Staff contacts Matson to request Project Status meeting on April 6, 1998
regarding progress on project.
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Project Status meeting with Matson - April 6, 1998.
Matson indicated they were unable to find paperwork from former Project
Manager regarding conversations with TU Electric.
City requested Matson to give a daily update of the progress being made.
Matson ignored this request and has given no update since the April 6, 1998
meeting.
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Phone conversation with Richard Denniston of TU Electric - April 6, 1998.
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City asked Denniston if Matson had requested pole attachment of fiber in North
Richland Hills. Denniston answered he believed so and that he asked Matson if
they were a Common Carrier provider. He indicated that Matson said "they
were" and based on this information he faxed Matson the cost for the annual pole
rental. Additional call to TU's Brenda Pulis.
City requests meeting with TU Electric - April 8, 1998
City asks for two letters: 1) Letter to indicate if Matson had ever formally
requested pole attachment in the City of North Richland Hills and 2) Requested
an official response from TU regarding City letter of March 11, 1998 officially
requesting fiber pole attachment.
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City calls Matson Senior Management to ask about the status of the project.
Senior Management was unaware of any problems or delays with the project _
April 8, 1998.
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Independent fiber contractor submits estimate to City to build an underground
fiber solution for $410,000. Estimated 6-8 weeks to complete - April 9, 1998.
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Matson faxed new price quote to City of $518,947.37 ($113,540.58 increase) to
design and install totally underground solution - April 10, 1998
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City receives official correspondence from Bruce Schremp of TDI on April 13,
1998, stating that Matson has not complied with the requirements of the RFP to
coordinate with the appropriate public utilities and has not been forthright with the
City or TDI thus causing considerable delay in the project. TDI recommends the
City not pay the additional charges and that Matson should install the fiber
underground for the originally negotiated price of $405,407 or the City should re-
bid the project.
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Official correspondence received from TU Electric stating that their records do
not reflect any request from Matson for make-ready cost or line assessments _
April 14, 1998.
City sends second request to TU Electric regarding allowing City to place fiber on
TU's poles - April 14, 1998.
TU sends official correspondence to City stating" TU Electric's present policy is
to allow only those entities described in the 1996 Federal Communications Act
on our poles." - April 16, 1998.
CITY OF N@RTH RICHLAND HILLS
. Inf~rmation Services Department
April 22, 1998
Mr. Paul Albini
Matson Builders
21330 IH 35
Kyle, TX 78640
Dear Mr. Albini:
The City of North Richland Hills advertised for a turn-key fiber optic solution under
Proposal #97-765. Section "D." of the proposal states that "bidders are reminded that
the selected Vendor is responsible for all design and engineering, Right-of-Way
coordination, materials acquisition, construction and installation, testing, and both
warranty and maintenance. This is a turn-key project and requires end-to-end
connectivity including all building entrance facilities."
Matson Builders submitted a written proposal to the City on December 8, 1997. Matson
also submitted a best and final offer on January 21, 1998, in the amount of $405,406.79.
The City awarded the bid to Matson on February 23, 1998.
.
'" As it appeared that very little work was being accomplished on this project, the City
requested a meeting with Matson on April 6, 1998 to discuss progress being made by
Matson. From this meeting, we understand from your employee Jimmy Martin, that
Matson has placed this project on hold.
At this time, the City of North Richland Hills is seeking official notification from Matson
Builders regarding whether or not Matson intends to complete the fiber optic project.
The City of North Richland Hills awarded the bid in good faith to Matson to install a "turn-
key" fiber optic network as outlined in the proposal. Matson made no exceptions to any
components of the RFP. Barry Mosher, a Matson employee at the time, also met with
the City and Bruce Schremp of TDI in best and final offer meetings. Matson was asked
repeatedly if they had obtained permission from TU Electric to place fiber on TU's poles
within North Richland Hills. Mr. Mosher's response was yes they had. This is verified
by Bruce Schremp of TDI and myself.
The City has received official notification from TU Electric that Matson has, at no time,
requested the placement of fiber within the City of North Richland Hills. The City has
also received notification from TU Electric that the City's request to place fiber on TU
utility poles will not be honored.
.
P.O. Box 820609· North Rich/and Hills, Texas. 76182-0609
7301 Northeast Loop 820 ·817-581·5757 . FAX 817-656-7545
.
Page 2
The City has several major computer projects that are dependent upon the completion
of this fiber optic network. One of these activities is the Public Safety project which will
connect our 911 Police Dispatch facility to the Fire Department and surrounding facilities.
Other public safety systems such as the Police Auto Impound and Property and
Evidence are also affected. Payroll, Accounting, Purchasing, Fleet as well as
connections to local area networks also depend on this fiber link.
The non-performance exhibited by Matson has resulted in unnecessary and significant
delays and consequently, several such projects are behind schedule. Any further delays
will be costly to the City as alternate methods of transporting data will be required. The
City has already had to install an ISDN line for access to the existing Police computer
system because of these delays.
.
It is the City's position that Matson should complete the fiber optic project, underground,
at the agreed upon price of $405,406.79 per the official proposal submitted by Matson
and that a signed copy of the contract be executed and delivered to our office by 10:00
a.m. CDT on Friday, April 24, 1998. Additionally, a copy of this same contract should
be faxed to 817-656-7545 by 4:00 p.m. CDT on Thursday, April 23, 1998.
Finally, an official faxed notification from Matson needs to be received by this office no
'. later than 4:00 p.m. CDT on Thursday, April 23, 1998 as to the intentions of Matson.
The City would appreciate Matson's full cooperation in this matter.
1\
Re pectfully,
fJ~
Mr. Terry. D. Kinzie
Director, Information Services
Copy:
Larry Cunningham, City Manager
Ron Ragland, Assistant City Manager
Rex McEntire, City Attorney
Larry Koonce, Finance Director
Donna Enos, Purchasing Agent
Carrie Poston, System Administrator
Bruce Schremp, Technology Decisions Incorporated
.
FAXED TO:
DATE FAXED:
512-268-0304
April 22, 1998
CITY OF
NORTH RICHLAND HILLS
.epartment:
Human Resources
Council Meeting Date: 04/27/98
Subject: Authorization to Enter Into an Agreement for Third Party
Claims Administrative Services
Agenda Number: PU 98-38
Staff is greatly concerned about the financial and operational stability of ETC Administrative
Services, the City's third party health claims administrator. The company has lost a significant
number of their key staff, undergone a reduction in force, and the annual report of its
independent auditors indicate there is "substantial doubt about the company's ability to
continue as a going concern." No contract has been executed with ETC to date.
Recommendation: Staff recommends the City proactively protect its interests and rescind
approval to negotiate with ETC and grant approval to negotiate services with Phoenix Group
Services.
.
Finance Review
Source of Funds;
Bonds (GO/Rev.)
Operating Budget _
ther
Acct. N um be r
Sufficient Funds Available
ignature
CITY COUNCIL ACTION I EM
FInance Director
nager
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 4/27/98
Subject: Approve Aqreement for Enqineerinq Services with Agenda Number: PW 98-07
Dunaway Associates, Inc. for an Iron Horse Golf Course
Master Drainage/Erosion and Sedimentation Control Plan
On January 13, 1997 (GN 97-09) Council authorized expenditures not to exceed $600,000
for improvements to Iron Horse Golf Course. The list of proposed improvements is shown
below:
1. Shelter on the north side of the golf course,
2. Erosion control at Holes #3, #9, and #10,
3. Dredging at Holes #3 and #5.
4. Additional bunker at Hole #8.
5. Concrete maintenance road,
6. Creek clean-up at Holes #14 and #15.
7. Teaching shelter.
8. Construct new Hole at #14.
Currently, $281,925 has been expended on the improvements indicated in #2 above and
on erosion improvements made to Hole #11. Some of the improvements and repairs
made could have been completed at a lower cost, if they had been done two or three years
.earlier. Because of this, the City Manager suggested that the Iron Horse Golf Course have
a Master Plan developed to prioritize the remaining improvements and to identify potential
future problems. City staff has been assisting Iron Horse Golf Course staff in selecting an
engineering firm to develop a Master Drainage/Erosion and Sedimentation Control Plan.
The selection process consisted of obtaining names of engineering/architecture firms from
other golf courses and people in the golfing industry. In addition, staff contacted firms that
they felt qualified for this study. A list of eleven firms was developed and is shown below.
1.
2.
3.
4.
5.
6.
USA Professional Services
Teague Nail & Perkins, Inc,
DAHL & Associates, Inc.
Carter & Burgess, Inc.
Duncan Sims & Stuffels, Inc,
Winkleman Associates, Inc,
7. Shimek, Jacobs, & Finklea
8, Dunaway Associates, Inc.
9. Jones and Boyd, Inc.
10, Kimley-Horn and Associates, Inc.
11. Craig Olden, Inc.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
o her
~~~
Finance Director
Page 1 of L
CITY OF
NORTH RICHLAND HILLS
All 11 firms were contacted and verbally interviewed. The selection was narrowed to the
following four firms:
1. Dunaway Associates, Inc.
2. Jones and Boyd, Inc.
3. Kimley-Horn and Associates, Inc.
4. Craig Olden, Inc.
After meeting with representatives from the firms, looking at the golf course, and reviewing
proposals, staff selected the firm of Dunaway Associates, Inc. City staff and Iron Horse
Golf Course staff negotiated a fee of $42,720 for Dunaway Associates, Inc. to develop a
Master Drainage/Erosion and Sedimentation Control Plan for the golf course.
The major objectives of this plan will be as follows:
1. Analyze Big Fossil Creek and Singing Hills Creek through the golf course to
determine potential future erosion and sedimentation problems.
2. Prioritize the known and potential improvements and repairs.
3. Solutions for improvements should consider course aesthetics and playability of the
course.
.4. Implementation of the plan should reduce the overall maintenance cost for the golf
course.
A proposed schedule for development of the plan is shown in Exhibit B of the contract and
is summarized below:
Approve Contract with Consultant
Collect and Provide Data to Consultant
Draft Report Due from Consultant
Final Report Due from Consultant
April 27, 1998
May 11, 1998
August 17, 1998
September 15, 1998
Sufficient funds were previously approved on January 13, 1997, GN 97-09.
Recommendation:
Staff recommends Council approve the agreement with Dunaway Associates, Inc. in an
amount not to exceed $42,720 and authorize the Mayor to sign the agreement.
CITY COUNCIL ACTION ITEM
Page _of_
CITY OF NORTH RICHLAND HILLS
PUBLIC WORKS CONTRACT
.
ENGINEERING SERVICES
This agreement is made and entered into be and between the City of North Richland Hills, Texas, a
municipal corporation, hereinafter referred to as "City" and DUNAWAY ASSOCIATES, INC., hereinafter
referred to as "Engineer". The tenns of this Agreement shall be administered on behalf of the City by its
Director of Public Works or his designated representative.
WITNESSETH: The CITY hereby contracts for the services of ENGINEER to prepare documentation for:
"Erosion and Sedimentation Control Master Plan
Iron Horse Golf Course"
Located in the City of North Richland Hills, Tarrant County, Texas, hereinafter called the "PROJECT".
I. EMPLOYMENT OF THE ENGINEER
The City agrees to retain the Engineer, and the Engineer agrees to perfonn professional
engineering services in connection with the Project as set forth in the paragraphs following,
and the City agrees to pay, and the Engineer agrees to accept fees as specified in the
paragraphs following as full and final compensation for the work accomplished.
II.
SCOPE OF SERVICES
The scope of the work is set forth in Exhibit A, attached to and made part of this contract.
Deviations from the scope of work may be authorized from time to time by the City by
written authorization.
.
III. SCHEDULE OF WORK
The engineer agrees to begin work immediately upon execution of this Contract and begin to
proceed diligently with said work to completion as described in Exhibit B, attached hereto.
IV. COMPENSA nON AND METHOD OF PAYMENT
Payment to the Engineer for services rendered will be made monthly based upon the
Engineers monthly progress report and itemized and certified statements on an invoice fonn
that is acceptable to the City, detailed to show the names of employees, time worked, actual
work perfonned and actual rates. Monthly statements should include authorized non-
salaried expenses with supporting itemized invoices and shall be submitted to the City on or
about the fifteenth (15) day of each month or on another schedule acceptable to the City.
Compensation for the services of the Engineer will be as set forth in Exhibit C, attached
hereto,
.
The itemized and certified statements shall show the total amount earned to the date of
submission and the amount due and payable as of the date of the current statement. Five (5)
percent shall be withheld as retainage pending completion of work under this contract. Final
payment of any money due shall be made to the Engineer after satisfactory completion of all
services and obligations covered in this contract, including acceptance of the fmal report by
the City. The release of the retainage does not relieve the Engineer of his responsibility of
correcting any errors and/or omissions resulting from his negligence during the design as
well as the construction of the project.
Page I
v.
INFORMATION TO BE PROVIDED BY THE CITY
The City agrees to furnish the information set forth in Exhibit D, attached to and made a part
of this Agreement, prior to the Engineer's beginning work.
.
VI. PROGRESS REPORTS
If required by the City, the Engineer shall submit monthly progress reports and attend
progress meetings scheduled by the City. Each report shall outline work accomplished and
special problems or delays encountered on the Project during the previous report period, and
the planned work activities and special problems or delays anticipated for the next work
period.
VII. INSURANCE
The Engineer agrees to furnish, if requested by the City, a certificate reflecting Engineer's
Workman's Compensation and Employer's Liability insurance for bodily injury and
property damage in amounts satisfactory to the City, and agrees that such coverages shall be
maintained during the term of this contract. The Engineer shall be responsible for
determining that its subcontractors, where permitted, likewise carry and maintain adequate
msurance coverages.
VIII. LIABILITY
The Engineer will and hereby does agree to indemnify and hold harmless the City ITom any
and all damages, loss or liability of any kind whatsoever, by reason of injury to third persons
occasioned by any negligent act, error or omission of the Engineer, its agents, employees or
other person ITom whom the Engineer is legally liable, in rendering or failing to render
professional services with regard to the performance of this Agreement.
.
IX.
INDEPENDENT CONTRACTOR
In the performance of work or services hereunder, the Engineer shall be deemed an
independent contractor, and any of its employees performing work required hereunder shall
be deemed solely employees of the Engineer, or its subcontractors where permitted.
X. SUBCONTRACT
In fulfilling its duties pursuant to this Contract, the Engineer may subcontract to individuals,
corporations, organizations, governments or governmental subdivisions or agencies,
partnerships, associations or other legal entities. Such subcontracts will be entered into only
with written approval of the City.
XI. TRANSFER OF INTEREST
Neither the City nor the Engineer may assign or transfer their individual interests in the
Contract without the written consent of the other party. The City and the Engineer each
binds itself and its successors and assigns to the other party with respect to all covenants of
this Contract. Nothing herein is to be construed as creating a personal liability on the part of
any officer or agent of the City.
.
XII. AUDITS AND RECORDS
At any time during normal business hours and as often as the City may deem necessary, the
Engineer shall make available to representatives of the City for examination all of its records
with respect to all matters covered by the Contract and will permit representatives of the City
to audit, examine and make excerpts or transcripts ITom such records and to make audits of
all contracts, invoices, materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Contract, for a period of one (l) year
ITom the date if final settlement or for such other or longer period, if any, as is required by
applicable statue or lawful requirement.
Page 2
.
XIII. EQUAL EMPLOYMENT OPPORTUNITY
The Engineer shall not discriminate against any employee or applicant for employment
because of race, colòr, religion, sex or national origin. The Engineer shall take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demolitions or
transfers, recruitment or recruitment advertising; layoffs or terminations selection for
training, including apprenticeships; and participation in recreational activities. The Engineer
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this non-discrimination clause. The
Engineer will, in all solicitations or advertisements for employment placed by or on behalf of
the Engineer, state that all qualified applicants will receive consideration for employment
without regard to race, color religion, sex or national origin, The Engineer will cause the
foregoing provisions to be inserted in all subcontracts for any work covered by the Contract
so that such provision will be binding upon each subcontractor, excepting that the foregoing
provisions shall not apply to contracts for standard commercial supplies or raw materials,
The Engineer shall keep such records and submit such reports concerning the racial and
ethnic origines) of applicant for employment and employees as the law may require. The
Engineer agrees to comply with such rules, regulations or guidelines as may be issued to
implement these requirements.
.
XIV. CONTRACT TERMINATION
Either party may terminate this Contract upon giving written notice to the other party at least
thirty (30) days prior to the date of termination. In the event of termination, the Engineer
shall deliver to the City all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, reports, photographs, etc. prepared by the Engineer under this
Contract. The Engineer shall be entitled to receive just and equitable compensation for any
work satisfactorily performed in accordance with the provisions of this agreement prior to
termination.
XV. COST ESTIMATES
Cost estimates prepared by the Engineer represents its best judgement as a design
professional familiar with the construction industry. It is recognized, however, that the
Engineer has no control over the cost of labor, materials or equipment, over a Contractor's
method of determining the bid process or over competitive bidding or market conditions,
Accordingly, the Engineer cannot and does not guarantee that bids will not vary rrom
estimates prepared by him.
XVI. OWNERSHIP Of DOCUMENTS
All documents, including reports, original drawings, estimates, field notes and data are and
shall remain the property of the Engineer, The Engineer will provide copies to the City of
the report in accordance with that shown in Exhibit A, Scope of Services.
XVII. SPECIAL PROVISIONS
This instrument contains the entire Agreement between the City and the Engineer, except as
additionally stated in Exhibits A and B.
.
XVIII. RIGHT-Of-ACCESS
The City will furnish right-of-access on the land for the Engineer to perform the required
surveys or other necessary investigations. The Engineer will take reasonable precautions to
minimize damage to the land in the performance of such surveys and investigations. The
City will explain to land owners that some damage to vegetation may be unavoidable when
obtaining access to the site, and in performance of survey activities.
Page 3
.
.
.
XIX. MAILING ADDRESSES
All notices and communications under this Contract to be mailed or delivered to the City
shall be sent to the address of the City as follows, unless and until the Engineer is otherwise
notified:
Michael Curtis, P.E.
Capital Improvements Coordinator
7301 NE Loop 820
North Richland Hills, Texas 76180
All notices and communications under this Contract to be mailed or delivered to the
Engineer shall be sent to the address of the Engineer as follows, unless and until the City is
otherwise notified:
Richard W. DeOtte, P.E.
Vice President
Dunaway Associates, Inc.
2351 W. Northwest Highway, Suite 3280
Dallas, Texas 75220
Any notices and communications required to be given in writing by one party or the other
shall be considered as having been given to the addressee on the date the notice or
communication is posted by the sending party.
XX. CONTRACT AMENDMENTS
The parties hereto, without invalidating this Contract, may alter or amend this Contract upon
advance written agreement of the parties.
. Executed in two (2) counterparts, each of which is deemed to be an original and as of the day and date first
written in this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day of
, 19
CITY:
The City of North Richland Hills, Texas
ENGINEER:
Dun~es. Inc.
By: W.j)~
Name:1<;cJ,ard V. 1)i1)~
Title:_V,è...e~ 1>r~~;J. ~IA.*
By:
Name:
Title:
Page 4
.
.
.
EXHIBIT A
Scope of Services
Erosion and Sedimentation Control Master Plan
Iron Horse Golf Course
North Richland Hills, Texas
1. Research and Data Collection
1.1. Review available information by the City of North Richland Hills including
topographic survey, aerial photography, hydrologic and hydraulic information.
1.2. Obtain and review available flood insurance study information including
hydrologic and hydraulic models, worksheets and reports.
1.3. Obtain soil and geological information from the U.S. Department of Agriculture,
Soil Conservation Service.
2. Survey
2.1. Conduct field survey of cross sections as needed along Singing Hills and Big
Fossil Creek. These cross-sections will be used to update the latest existing
available hydraulic models found for these two creeks in the area of the golf
course.
3. Analvsis
3.1. Review information obtained in Item 1.0, Research and Data Collection, above
to assess suitability for use in this study.
3.2. Review hydraulics and determine need for and extent of survey cross-sections
of the creeks.
3.3. Meet with City and Golf Course staff to review starting conditions.
3.4. Conduct cross-section survey and update hydraulic models. Run hydraulic
models with the 5, 10, 50 and 100 year storm events as provided in the existing
data. A low-flow (1 or 2-year) storm will be estimated and run through the
models. The results of these analysis will be reviewed to determine the general
effect of hydraulics on creek erosion.
3.5. The creek will be observed to specifically identify and/or review problem areas in
light of the hydraulic analysis. Additional photographs will be taken on-site for
use in visual communication of specific findings to City staff and authorities.
3.6. A comprehensive list of specific erosion and sedimentation problems and
alternative conceptual solutions will be compiled. Very rough possible costs will
be provided with this list.
3.7. A meeting will be held with City and Golf Course staff to review conceptual
findings, receive input that may affect priorities and establish conditions for study
completion.
3.8. A draft Erosion and Sedimentation Control Master Plan report will be prepared
and submitted for review by City and Golf Course staff.
3.9. Following staff review and resolution of review issues, a final Erosion and
Sedimentation Control Master Plan report will be prepared and 20 copies of the
report will be provided to the City of North Richland Hills.
3.10. Meetings will be held with City staff as needed or requested to provide data
collected, review analysis or update the status of the project.
.
.
.
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EXHIBIT C
Compensation
Erosion and Sedimentation Control Master Plan
Iron Horse Golf Course
North Richland Hills, Texas
Compensation shall be a not-to-exceed fee of forty two thousand seven hundred
twenty ($42,720) dollars based on the Dunaway Associates, Inc. fee schedule below.
Dunaway Associates, Inc.
FEE SCHEDULE
(effective 1/1/98 to 12/31/98)
Staff
Ranae of Hourly Billable Fee
(Labor Cost X 3.1 = Hourly Billable Fee)
Principal............................................................... $90 to $110
Senior Engineer..................................................... $75 to $85
Staff Engineer........................................................ $60 to $75
Engineering Technician ......................................... $55 to $65
CAD Technician/Operator..................................... $40 to $55
Draftsperson.......................................................... $35 to $50
Clerical.................................................................. $35 to $45
Computer................ ........ . .... .... .......... ...... .. . .. . . . .... .. . . . ... . .... $20
The basis of compensation for services in this Contract shall be "Labor Costs"
times a multiplier of 3.1. "Labor Cost" is defined as the cost of salaries (total
hours worked times the employee's rate of pay on an hourly basis). The
multiplier includes costs for social security contributions, excise and payroll
taxes, unemployment compensation insurance, medical and insurance benefits,
sick leave, vacation, holiday pay, profit and other overhead. Compensation for
reimbursable expenses, including plotting, reproduction and delivery and
subcontractor services will be billed at cost plus an administration fee of 10%.
.
.
.
... ' . .
EXHIBIT D
Information to be Provided by
The City of North Richland Hills
Erosion and Sedimentation Control Master Plan
Iron Horse Golf Course
North Richland Hills, Texas
The City of North Richland Hills shall provide to Dunaway Associates, Inc., the Consultant,
the following information.
1. Available topographic and City mapping information in DWG format and in hard copy
format.
2. City aerial photography in TIF digital format.
3. Access and transportation in and around the Golf Course as needed for investigation
and survey. DAI will endeavor to observe proper Golf Course etiquette while on the
course.
4. Utility locator maps. If needed, the City will provide hard copies of any utility
construction plans that it has.
5. Electronic copies in DWG format of City logo or other graphical information preferred in
the preparation of final reports or plans.
, ,
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 4/27/98
Subject: Approve ChanQe Order No. 1 for Teakwood Court
Drainage Improvements, Phase"
(Silverado Addition/Harwood Road)
Agenda Number: PW 98-08
The original contract award for the Teakwood Court project was on August 25, 1997, PW
97 -18. Change Order No. 1 consists of replacing a badly cracked and deteriorating 12-
inch sanitary sewer main running north of Harwood Road across the Silverado Addition.
The contractor for the developer of the Silverado Addition property uncovered the 12-inch
sewer main in four locations to construct manholes for connecting proposed sewer lines.
When he exposed the main, we found the vitrified clay pipe cracked longitudinally on top,
side, and bottom. Also, it seems to be cracked at the connection joints that were
uncovered. The attached pictures depict the pipe's condition in all four locations where it
was exposed. The main is also outside of the existing 10-foot wide easement the majority
of its length.
It is staff's recommendation the entire 1,129 feet of 12-inch sewer main from the north curb
of Harwood Road north to the manhole at the north property line of Lot 1, Block 1,
Silverado Addition be replaced. The new line will be placed in the existing sanitary sewer
easement.
The cost for Change Order No. 1 is $44,031 with an increase in the original bid time of 14
days. With approval of the change order, the new contract amount will be $597,830.75.
The use of a change order to an existing City project allows the work to be completed
without causing a substantial delay for the developer. A second quote for this work by the
utility contractor for the Silverado development was 11 % higher than the proposed change
order price.
Sufficient funds are available for this project in Unspecified Utility Fund Balance.
Recommendation:
Staff recommends Council approve Change Order NO.1 in the amount of $44,031 with a
calendar day extension of 14 days and appropriation of funds as indicated above.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 13-53-05-6000
Sufficient Funds ÄvallaDle
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Ap~-21-98 03:05P NRH PW&PZ Adm1n1st~ation 817 6S67538
PAGE 02
P.02
CHANGE ORDER NO, 1 TO THE AGREEMENT DATED OCTOBER 6, 1997
Between
CITY OF NORTH RfCHLANO HILLS
EARTH BUILDERS, INC.
And
For TEAKWOOD COURT DRAINAGE IMPROVEMENTS - PHASE II
.......................................................................................................-............. ..
Pursuant to the provisions of Item 6.01 of Ine General Conditions of Agreement, as
modified by Section 3.1.06 of tne Contract Documents, this Change Order. when fully
executed, shall constitute the authority to change the work of the project as follows:
**·...................................6&&a..AA~~~._.......................~.......................
1. Replace a 12-inch vitrified clay sanitary sewer line from the north curb line of
Harwood Road north across Lot 1, Block 1, Silverado Addition to the manhole located at
the south property line of Emerald Lakes Addition. Provide all trench safety. trench
compaction to 95% Standard Proctor Density ASTM D-698 , embedment, and other
necessary materia's, equipment, and labor to install this 1129 linesr feet of sewer main.
1129 LF of 12" SDR35 PVC Pipe,
complete in place
!Q!i!
$44,031.00
$39.00/LF
2. Contract costs are increased 14",031 by this change order. Final payment will
be consistent With the as-built construction quanti lies end e$tablished unit prices.
Adjust total contract costs thus:
3.
Origina' Contract ......,.......,.... ......, ....... .....$553.799.75
Change Order NO.1 .................................,...44.031.00
Revis.d Contract Cost.....................S5~7.830. U
Contract time increases by 14 calendar days from 180 to 114 calendar days.
..···................*.....A&A····......·....··.....*...............~&A&&.........................
CONTRACTOR'S OFFER OF PROPOSED CHANGE:
By:-1/- K..~._
Date;
"/11/'.
ENGINEER'S RECOMMENDATION OF ACCePTANCE:
By:
Date:
OWNER'S ACCEPTANCe OF CHANGE:
By:
Date;
- j I f..::J-.=Jf...J """"-,L6.,.....,.
ÎI"'\UI'
Ð4/17/1998 16;53
19172364135
Admi"istr.t;ve Offìœ:
Earth 8uilders. Inç.
3401.85th Avenue North
8rooklyn Pnrk, MN 55443
Phone: (6111 424-8554
hx: (612) 424-3555
April 17, 1998
Mr. Greg Dickens
Direçtor of Public Works
Cìty of'Notth Richlancl Hin,. T~as
Rc: Sewer Improvanents at Sîlverado Addition
Mr. Dickens:
MINN KOTA EXCAVATING
T~xJJ Q(/Ìt;r::
Earth 8uilders, r"c,
7200 Coif Club Drive
Suite 102
fort Worth. TX ió179
PhonelF;ax; (817) 236-4135
Thank you for givin8 us the oppommity to quote1he following work:
.
Item D$SCription
001 12" SDR. 35, Complde and In Place
to City ofNortb Ric.h1aad Hills
standard specifications
TOTAL
Qty Unit$ Cost
1129 If
39.00
Please feel ftee to çaß the undc:rsigncd with any questions at (817) 2~88S6.
Sinœrcly,
¡; 72-
Kym Bergstrom
Project Manaaer
Earth Builders, IDe.
.
P.l
PAG£ 02
Texas Maincenal1<:e ~acili(y:
Earth 8vild~rs. Il'Ic.
@ US 287 & 1=M 2264
~, 2, 801( 493-M
~atur. TX 76234
Phone: (940) 627-2127
Total
44,031.00
~,03Loq
UNDERGROUND UTllmfS - SlTf OfVfLO'MfNT - HIGHWAYS _ flOOD CONTROL
AN EQUA.L OPPOR.TUNlTY EMPLOYER
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 4/27/98
Subject: Approve Final Pay Estimate No. 13 in the amount of Agenda Number: PAY 98- 01
$72,452.26 to Humphrey & Morton Construction
Company, Inc. for Walker Branch Channel Improvements,
Phase II
This CIP project was awarded by Council on 1/27/97, PW 97-04, for $1,320,510.43 to
Humphrey & Morton Construction Company, Inc. After approval of Change Order NO.1 in
the amount of $3,498.50 (10/13/97, PW 97-23), the contract amount was increased to
$1,324,008.93. Final payment will make the contractor's total earnings on the project
$1,249,941.41, which is $74,067.52 under the contract amount. The difference is a result
of savings from several of the paving and drainage pay items and unused contingency
funds included in the contract.
Construction was substantially completed on February 2, 1998. The contract completion
date was February 10, 1998. The project is now totally complete with all final adjustments
having been made.
Recommendation:
Staff recommends Council approve final payment to Humphrey & Morton Construction
.Company, Inc. in the amount of $72,452.26 for Walker Branch Channel Improvements,
Phase II.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number 13-25-93-6000
Sufficient Funds AvallaDle
:1(].JJtjj l((ltJi~~) &1 (jd Finance Director
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Project Location
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October 13. 1995
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KNOWL TON-E NGLlSH-FLOWERS, INC.
CONSULTING ENGINEERS I Fort Worth- Dallas
April 14, 1998
Mr. Gregory W. Dickens, P.E.,
Director of Public Works
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Re: 3-354, CITY OF NORTH RICHLAND HILLS
WALKER'S BRANCH CHANNEL IMPROVEMENTS
CONTRACTOR'S ESTIMATE NO.13 AND FINAL
Enclosed is one copy of contractor's Partial Pay Estimate No. 13 and Final, dated April
14, 1998, made payable to Humphrey & Morton Construction Company, Inc" in the
amount of $72,452.26 for materials furnished and work performed on the referenced
project as of March 5, 1998.
The quantities and conditions of the project have been verified on-site by your
representative, Mr. Scott Walker, who signed the contractor's pay request form on April
2, 1998, and we have checked the item extensions and additions.
The following is a tabular summary of the final project status:
CONSTRUCTION THIS TOTAL CONTRACT UNDER PERCENT
CA TEGORY ESTIMATE EARNINGS AMOUNT BUDGET BUDGET
Paving $10,403.32 $97,882.63 $127,974.17 $30,091.54 76.49%
Drainage 53,707.52 985,230.28 1,018,783,76 33,553.48 96.71%
Water 819,08 16,381.80 18,826,30 2,444,50 87.02%
Sewer 7,522.34 150,446,70 158,424.70 7,978,00 94.96%
Totals $72,452.26 $1,249,941.41 $1,324,008.93 $74,067.52 94.41 %
Contractor earnings total $1,249,941.41. which is $74,067.52 under the total contract
amount of $1 ,324,008.93, including change orders. Construction was substantially
complete before the contract completion date of February 10, 1998, therefore no
liquidated damages were incurred.
The two year period of maintenance begins on this date and will terminate on April 14,
2000. The maintenance obligation includes repair of water line, or sanitary sewer line,
breaks or stoppage resulting from improper embedment, compaction, backfill or poor
workmanship. The maintenance obligation also includes sealing of pavement cracks,
repair of pavement buckling or other failures, along with failure of all concrete flatwork
and other concrete structures.
.
In the absence of any negative comments concerning the condition of this project, and
after an Affidavit has been furnished by the Contractor affirming that there are no
outstanding claims against the Contractor associated with this project, then we
recommend that this final partial payment, in the amount of $72,452.26, be made to
Humphrey & Morton Construction Company, Inc., 5136 Vesta Farley, Fort Worth,
Texas 76119.
1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389
r
.
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April 14, 1998
3-354, CITY OF NORTH RICHLAND HILLS
WALKER'S BRANCH CHANNEL IMPROVEMENTS
CONTRACTOR'S ESTIMATE NO. 13 AND FINAL
We will be present at the April 27, 1998, Council meeting to assist you with answers to
any questions which the Council may have concerning this project.
.~
RICHARD W. ALBIN, P.E., Vice-President
RWAlra/Final.doc
Enclosures
Cc: Mr. Larry Cunningham, City Manager
Mr. Randy Shiflet, Deputy City Manager
Mr. Larry A. Koonce, C.P.A., Director of Finance
Mr. Mike Curtis, P.E., Capital Improvements Coordinator
Mr. Scott Walker, City Inspector
Mr. David Humphrey, Humphrey & Morton Construction Company, Inc.
Page 2