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HomeMy WebLinkAboutCC 1998-06-08 Agendas CI.TY OF NORTH RICHLAND HILLS PRE-COUNCil AGENDA JUNE 8,1998 - 6:00 P.M. . For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820, . NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular June 8 Agenda (5 Minutes) 2. Discuss Rules and Procedures for Pre-Council Meetings (Councilwoman JoAnn Johnson - 5 Minutes) '.' , , 3. IR 98:-102 Discuss Marcus Cable Presentátion (5 Minutes) , 4, IR 98-108 Discuss Possible Meeting dates with Arcadia Group (5 Minutes) ~'r . ' 5. IR 98-107 Discuss Possible Meeting Dates for 1998-99 Policy Initiatives (5 Minutes) 6. IR 98-109 Discuss Use of Laptops for City Council Members (Councilman Frank Metts - 10 Minutes) . 7. IR 98-105 Discuss Follow Up on 1998 Council Goals Regarding Zoning Ordinance 'Review, Code Enforcement Direction and Policy, and Landscape Ordinance (20 Minutes) - .: " 8. IR 98-103 Proposal for Cultural and Educational Ad Hoc Committee (Mayor Scoma - 10 Minutes) . Page 2 . ! NUMBER I ITEM I ACTION TAKEN I 9. Other Informational Items (5 Minutes) 10. *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A. Deliberation Regarding Real Property Gov. Code §551.052 1. Land and Easement Acquisition; Drainage Project 111 I Adjournment - 7:20 p.m I I . *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. POSTED (olSl~. 8 Da ~ Time ~CI~~ By m e . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 8, 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. . I NUMBER I ITEM I ACTION TAKEN I 1. Call to Order 2. Invocation I 3. I Pledge of Allegiance I I 4. Special Presentations a. "Yard of the Month" Awards b. "Landscape of the Month" Awards 5. Removal of Item(s) from the Consent Agenda . Page 2 - I NUMBER I ITEM I ACTION TAKEN I 6. Consent Agenda Item(s) Indicated by Asterisk (7,8,9, 19,20,21,22, & 23) *7. Minutes of the Special Meeting May 7, 1998. *8. Minutes of the Pre-Council Meeting May 11, 1998 *9. Minutes of the Regular Meeting May 11, 1998 10. PZ98-16 Public Hearing to Consider the Request of Jim Makens for a Zoning Change from AG Agricultural to C1 Commercial on a Portion of Tract 11 B, T. Peck Survey, A-1210 (Located in the 8700 Block of Davis Blvd.) - Ordinance No. 2306 11. PZ 98-21 Public Hearing to Consider the Request of Mark Harwell for a Zoning Change from R2 Residential to R1S, Special Residential on Tract 12A3, T.K. Martin Survey, A-1055 (Located at 8620 Martin Drive) - Ordinance No. 2307 12. PZ 98-22 Public Hearing to Consider Amending the Site Plan Regulations and to Establish a Plan Review Fee - Ordinance No. 2308 . e ~ Page 3 . I NUMBER I ITEM I ACTION TAKEN I 13. PS 98-11 Request of Garvon Inc. For a Final Plat of Lot 1, Block 1, Garvon Add ition (Located at 8100 Bedford Euless Road) I 14. GN 98-59 I Election of Mayor Pro Tem I I 15. GN 98-60 Interlocal Agreement for Participation in NFACT - Resolution No. 98-25 16. GN 98-61 Consider Amending the NRH Building Code to Require Erosion Control for Excavation and Fill Permits - Ordinance No. 2309 17. GN 98-62 Amendment to Animal Control Ordinance No. 1848 Dealing with Enclosure of Livestock - Ordinance No. 2305 18. GN 98-63 Background Checks Added to Youth Sports Group User Contracts *19. PU 98-42 Award Contract for Publishing Services to 0 & F Scott Publishing in the amount of $31,697 *20. PU 98-43 Authorize Purchase of Mobile Video/Recorder Cameras from Kustom Signal, Inc. in the Amount of $70,640 . . Page 4 . I NUMBER I ITEM I ACTION TAKEN I *21. PU 98-44 Award Annual Contract for Aquatic Chemical Supplies to Advance Chemical *22. PW 98-09 Award of Bid for Rumfield Road, Phase II Drainage Improvements and Utility Adjustments to Wright Construction Co. In the Amount of $137,740.70. *23. PW98-10 Award of Contract for Engineering Services to Di Sciullo & Terry, Inc. for Design of the Mackey Creek Diversion Channel at Richland Plaza - Resolution No. 98-26 24. (a) Citizens Presentation (b) Information and Reports · Creating Ad Hoc Committees · June 18 Town Hall Meeting I 25. I Adjournment I I . . POSTED 0~J9'l QI~ . Time~ By ~.~9À~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 98-106 o. . ~~,i,"'/ ~ I Date: June 8, 1998 Subject: Second Quarter 1997/98 Police Statistical Report This brief report analyzes, through fourteen charts, the activities of the North Richland Hills Police Department during the first six months of this fiscal year. Part one crimes dropped by 141 crimes in the first two quarters of the year. Part one crimes are those reported to the Federal Bureau of Investigation via the Uniform Crime Report. Our part one crimes are the lowest they have been in the years charted beginning with fiscal year 1994/95. Decreases in the major crimes were seen in Theft, with a drop of 50 offenses; a drop of 68 offenses in the burglary category; and a drop of 31 offenses in the Assault category. The only category of note that increased was that of Robbery and it increased by 3 offenses for the reporting period. Part two crimes show an increase of 92 offenses. One area of significant concern is the increase seen in the Narcotics/Drugs category. There was an increase of 58 offenses for the period and this is a substantial increase as compared to the three prior fiscal years. This increase will not show any cases instituted through the drug task forces since they file this information independently. . Arrest statistics for this period indicate an all-time high with a total of 2,124 persons arrested and 5,330 charges filed against those arrested. This amount of activity has negatively impacted our response time due to the agency's effort to train new officers and simultaneously contend with increased activity within the city. The clearance rate for the first six months of this fiscal year indicates that three percent more crimes were solved than were solved during the preceding year. Our call volume has increased by 9,399 calls for service in the first two quarters and is still climbing. The call total of 50,807 calls for service far surpasses all previous years for the first two quarters of any fiscal year. An increase of 159 accidents was seen in the motor vehicle accident category. The accident increase, in the opinion of the police department, is due to the traffic congestion that is experienced and that is largely a situation that we will be unable to control due to ongoing construction. Citations have increased by 2,330 over the last fiscal year and continue to show an accelerated rate of increase as we gain in strength. . The attached charts indicate comparisons of all reported activities and shall give a clear comparison to multiple past years. A~r};jAvv- . L cGlàsson , C ef of Police ~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . - - .- - .- .- - ~ '" '" . . - - 11- - . - - 111- - . '... 0) 0) lI- T""" l1li- - co 0) 0) T""" CD 0) 0) T""" LO 0) 0) T""" . II1II- . II1II- ,.., s:: II1II- U) CD iii""""" :L... o C) ca o CD E - ca c... ~ ~ ~ ~ o o N . . . ..., (1) co (1) ~ (1) CJ 111- - tJ)_ - - - 111- ~ c: CO - ..c CJ 111- ~ .. . . --- fa U - ~ T""" 0 - 0 - ~ 0 l1li_ - - c: N "t'""' T""" U) 0 "t'""' 0 - 0 - ftS - 0 0 T""" - me . G) ....., ftS L.. illi- G) c: G) l1li- (.) - -- - ..c "t'""' :;, . I.{) m ........ ~ m m ~ to m ........ 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E .- L.. 0 ... . U) IlIIIIIIIIIIIIIII (.) .- ........ U) .- ....., ns ....., (/J C 0 · .... U) · .... > .- e c 0 · .... ........ as œ · .... ........ U) (þ > c ...... ns c "'0 CD ::s C ø tn ø c - 0 ø -- ..., c: J! . 0 .- """"" l) ....., ftI - ....., «S """"" ..., l1li- 0 ~ CD (J """"" - 0 l1li- a... l1li- ... c ~ ~ T""'" o o o N T""'" "'!:""" It) CD to- CO 0) 0) 0) 0) :;¡ ...... ...... ...... It) CD to- O) 0) 0) 0) 0) 0) 0) 0) ~ ~ ~ ~ . . ... IIIIIIIIIIIIIIIII ... ftI ....., ftI C ....., c: CD~ "'C m_ (J (J « e e e INFORMAL REPORTTO MAYOR AND CITY COUNCIL N IR 98-101 o. 1\ ~ ~ / Date: June 8, 1998 Subject: Davis Boulevard; Pavement Lane Markings On November 25, 1997, staff sent a letter to the Texas Department of Transportation (TxDOT) requesting Davis Boulevard from Maplewood Avenue to Main Street be marked as seven lanes instead of 5 lanes. Staff has been informed by TxDOT that they will comply with our request. The work will start sometime this month and will be completed by October, 1998. The project will take several months due to repair of pavement along this route. TxDOT will be removing bad sections of the pavement and placing a new asphalt overlay surface on the roadway. Once this is done, the pavement markings will be éompleted. Respectfully submitted, GWD/smm ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e e e MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 16, 1998 - 7:30 P.M. 1. CALL TO ORDER The meeting was called to order by Chairman Duer at 7:30 p.m. 2. ROLL CALL Present ZBA Members Chairman Dr. Tom Duer Cindy Martin Jimmy Bellomy Perry Christensen Bill SChopper City Staff Director Planner Recording Secretary Plans Examiner Barry LeBaron Christopher Baker Valerie Taylor P.J. Skare 3. CONSIDERATION OF MINUTES OF MARCH 19, 1998 APPROVED ~r. Bellomy made the motion, seconded by Mr. Christensen to approve the minutes of the March 19, 1998 meeting. The vote was 5 - O. Messrs. Schopper, Christensen, Bellomy, Duer and Ms. Martin were in favor of this motion. Chairman Duer explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. 1 e 4. BA 98-11 PUBLIC HEARING TO CONSIDER THE REQUEST OF HAROLD REEVES FOR A SIDE AND REAR BUILDING LINE ENCROACHMENT FOR A CARPORT ON LOT 14, BLOCK 21, NORTH RICHALND HILLS ADDITION. (LOCA TED AT 7224 RIVIERA DRIVE) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Harold Reeves, applicant, presented this request explaining that he had hired a contractor to build a carport for his RV. Mr. Reeves stated that no permit had been obtained for the other two carports on his property. He stated he was unaware that permits were required. Mr. Reeves distributed pictures of the carport, now under construction, as well as of carports in his neighborhood. Responding to a question, Mr. Reeves stated that his lot is 165' deep and 120' wide. He has already invested $6,000 in this 30 x 40 carport. Mr. Reeves also has a 192 square foot accessory building in his rear yard as well as a boat. e Chairman Duer asked Mr. Reeves if he would consider moving the accessory building back and pouring additional concrete so the carport would fit inside the building line; Mr. Reeves stated this could be a feasible option. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none, he closed the public hearing. Chairman Duer made a motion to approve BA 98-11 allowing a side building line encroachment to be flush with the existing carport and a 1 Y2 I rear building line encroachment. The motion died for lack of a second and BA-98-11 was denied. 5. BA 98-12 PUBLIC HEARING TO CONSIDER THE REQUEST OF BOB MCCLENDON FOR A FRONT BUILlDNGLlNE ENCROACHMENT FOR A CARPORT ON LOT 10, BLOCK 3, HILL VIEW ADDITION. (LOCATED AT 6736 BRILEY DRIVE) DENIED e Chairman Duer opened the public hearing and asked the applicant to come forward. 2 e e e Mr. Bob McClendon, applicant, presented this request. He explained he wanted to construct a carport to protect his new Dodge Ram pickup truck. He distributed pictures of carports in the surrounding area as well as letters of support from several neighbors. Mr. McClendon has a 25' front building line and his house sits 10' further back than his neighbors do. Mr. McClendon is requesting a 9 Y2' encroachment. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Bellomy moved to approve BA 98-12, allowing a 5'5" front building line encroachment to allow a 20' carport. Chairman Duer seconded this motion and the vote was 2 - 3. BA 98-12 was denied. Messrs. Bellomy and Duer were in favor of this request. Messrs. Schopper, Christensen & Ms. Martin were opposed. BA 98-12 was denied. 6. BA 98-13 PUBLIC HEARING TO CONSIDER THE REQUEST OF JONATHAN GRAF TO VARY FROM THE COVERED PARKING REQUIREMENTS ON LOT 13, BLOCK 6, RICHLAND HEIGHTS ADDITION. (LOCATED AT 4320 KEETER DRIVE) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Jonathan Graf, applicant, presented this request explaining that he is temporarily enclosing his garage to make a bedroom. He has five children that have outgrown the three bedrooms they currently have. Mr. Graf explained that once his children are grown and gone, he will "get his garage back," so he sees no reason to build a carport for the required covered parking. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none the public hearing was closed. Ms. Martin, seconded by Mr. Bellomy, moved to approve BA 98-13. The motion carried 5 - O. Messrs. Bellomy, Duer, Schopper, Christensen and Ms. Martin were in favor of this request. 3 f I e e e 7. BA 98-14 PUBLIC HEARING TO CONSIDER THE REQUEST OF BOB FRANK FOR A FRONT BUILDING LINE ENCROACHMENT ON LOT 33, BLOCK 3, MEADOWLAKES VILLAS ADDITION. (LOCATED AT 5505 GREENVIEW CT.) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Bob Frank presented his request. He explained that they are requesting a 5' encroachment on the front building line of a brand new subdivision. The cul-de- sac at the far end of the property was designed with a front building line of 20'. This address was made at 25' and isn't going to work due to an embankment at the rear of this lot. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Schopper made the motion, seconded by Mr. Bellomy, to approve BA 98-14. The vote was 4 - 1. Messrs. Schopper, Bellomy, Duer and Ms. Martin were in favor of this request. Mr. Christensen was opposed. 8. STAFF COMMENTS There were none. 9. CITIZEN COMMENTS There were none. 10. ADJOURNMENT There being no additional business to conduct, the meeting adjourned at 8:30 p.m. ¿)~ (]LuA- (\iT) Chairman Tom Duer 4 NORTH RICHLAND HILLS ANIMAL SHELTER ADVISORY BOARD MEETING April 21, 1998 . Present: Pam Burney Warren Cox Mary Ann Townsend Joe Metcalf, D.v.M. Don Sharp Lyle Welch Debbie York Director, Environmental Services Executive Director, SPCA of Texas Animal Services Public Awareness Officer Davis Boulevard Animal Clinic Supervisor, Animal Services City Councilman Secretary, Environmental Services I ITEM II DISCUSSION II ACTION TAKEN I I Call to Order I The meeting was called to order at I ] 6:50 p.m. by Dr. Joe Metcalf. Approval of Minutes: 03/19/96 Motion to approve the minutes from I Approved I Meeting May 6, 1997 by Dr. Joe Metcalf, second by Councilman Lyle Welch. Statistical Reports Don Sharp presented the Animal Services Monthly Reports (see attachments A-1 and A-2) for the 4th quarter of 1997 and the first quarter of 1998. P. Burney pointed out that adoptions are up and euthanasias are down. Warren Cox pointed out that with the statistics available approximately 33% of the dogs in the City are licensed. P. Burney told the Board that there has been a good response from the water bill mailouts on licensing and that the license renewal form will be in the spring NRH Newsletter as well. The high number of volunteer hours was noted. . ITEM DISCUSSION I ACTION TAKEN I Items to Refer to City Council None at this time. ¡NAN I for Approval Report on Stonhard Floor D. Sharp reported that there have NAN applications been 3 different test strips laid down in the central hallway. Staff reports that floor tests so far have not been successful for nonslip and clean ability. Stonhard will apply another test strip. W. Cox pointed that his experience with Stonhard has been that they provide great service. Adopt-a-thon '98 & Paws for the Animal Services Officer, Mary Ann Cause Townsend reported that the activities planned for May 2 will include Adopt- a-thon '98, Paws for the Cause Walk- a-thon and the NRH Pet Reunion. M. Townsend told the Board that Twenty-two shelters are participating in the Adopt-a-thon. The NRH Animal Services Center adoption goal for the Adopt-a-thon is 100 and that 62 animals were adopted last year. The NRH Pet Reunion will be a come and go reception for past adopters. Advertising for these events has been done on a portable sign on Midcities Blvd., in the Ft. Worth Star Telegram and on NRH City Cable. P. Burney explained that all proceeds from the raffle tickets will go into the Shelter Fund. . ITEM I NRH Critter Connection Report by Public Awareness Officer NRH Animal Services Center Expansion . II DISCUSSION II ACTION TAKEN P. Burney reported on the success of Approved NRH Critter Connection at North Hills Mall including animal adoptions and gift shop proceeds. See attachment B for Critter Connection Revenue Report. W. Cox noted that approximately 33% as many adoptions were made at the Critter Connection as those at the Animal Services Center. P. Burney added that a plus has been that more people are coming into the Animal Services Center as a result of visiting the Critter Connection. J. Metcalf pointed out the importance of D. Sharp: Order making sure that the animals that are Frontline. adopted have been well treated for fleas. He suggested the product Frontline. Mary Ann Townsend gave an AdOPt-A-1 Thon '98 update (see attachment C). P. Burney presented the initial plans for P. Burney: Contact Jeff the remodel of the entrance traffic Huffinger. patterns and adoption area with the addition of a drive through for vehicles, offices for Animal Services Officers, an education room for training and public education and additional run capacity. P. Burney pointed out that there is P. Burney: Check on the approximately $100,000 in the water bill Bernice Barber donation fund and that the project has Foundation for funding. been submitted as a 98/99 budget decision package item. I ITEM II DISCUSSION II ACTION TAKEN I Other Items P. Burney presented the problem of paying medical fees for adopted animals. W. Cox advised that in his opinion it is better to pay the medical bills than have bad public relations. J. Metcalf suggested looking into offering medical insurance with adopted animals. There was a discussion on the possible use of bicycle patrols from Animal Services for 2-3 hours on Saturdays. Possible duties of the patrols would be to check licenses, hand out leashes and perform other community services. I Adjournment I Motion made by J. Metcalf to adjourn, Meeting Adjourned at 8:30 p.m. second by W. Cox. .IBOARDlMINUTES.498 . Attachment A-1 APR98A.BRD . NORTH RICH LAND HILLS ANIMAL SERVICES MONTHLY REPORT CALLS FOR SERVICE 390 287 304 50221 I LIVE DOGS HANDLED 204 188 201 2530 LIVE CATS HANDLED 174 155 101 1894 LIVE OTHER ANIAMLS HANDLED 24 18 6 231 LIVE DOGS PICKED UP 117 134 145 1755 I LIVE CATS PICKED UP 54 115 62 1219 . LIVE OTHER ANIMALS PICKED UP 22 18 6 230 DOGS SURRENDERED 51 45 56 889 CATS SURRENDERED 57 40 39 6761 OTHER ANIMALS SURRENDERED 0 0 0 7 OGS QUARANTINED 4 6 4 34 CATS QUARANTINED 4 7 3 34 DOGS BORN IN SHELTER 0 0 0 9 CATS BORN IN SHELTER 0 0 0 9 OTHER ANIMALS BORN IN SHELTER 0 0 0 0 DOGS DIED IN SHEL TER 0 1 3 11 CATS DIED IN SHEL TER 1 4 6 25 OTHER ANIMALS DIED IN SHEL TER 0 0 0 4 DOGS EUTHANIZED 76 40 67 931 CATS EUTHANIZED 109 88 75 1196 OTHER ANIMALS EUTHANIZED 18 16 0 111 DOGS ADOPTED 46 41 67 626 CATS ADOPTED 34 26 75 390 THER ANIMALS ADOPTED 1 0 1 10 ACITVITY Oct '97 Nov '97 Dec'97 YTD L:\SHARED\."J'R98ABRD APR98A.BRD OGS RECLAIMED 77 63 89 1028 CATS RECLAIMED 3 9 5 113 OTHER ANIMALS RECLAIMED 1 0 1 9 DEAD DOGS PICKED UP 3 6 2 95 DEAD CATS PICKED UP 8 13 6 126 DEAD OTHER ANIMALS PICKED UP 3 24 6 96 DOG BITES (BREED) 5 6 4 129 CAT BITES 4 7 3 114 OTHER ANIMAL BITES 0 1 0 1 CITY LICENSES ISSUED (DOG) 172 119 153 1935 CITY LICENSES ISSUED (CAT) 26 28 53 509 CITY LICENSES ISSUED (OTHER) 0 0 0 3 VOLUNTEER HOURS 68.25 202.75 146 1742 EEN COURT HOURS 93.5 53.25 68 1337 CITATIONS ISSUED 4 0 3 51 ANIMALS RELEASED IN THE WILD 5 8 0 48 . L:\SHAREDIAPR98A.BRD Attachment A-2 APR98.BRD . NORTH RICHLAND HILLS ANIMAL SERVICES MONTHLY REPORT CALLS FOR SERVICE 320 299 351 970 LIVE DOGS HANDLED 216 210 195 621 LIVE CATS HANDLED 114 85 75 274 LIVE OTHER ANIAMLS HANDLED 0 13 0 13 LIVE DOGS PICKED UP 148 146 139 433 LIVE CATS PICKED UP 88 63 61 212 LIVE OTHER ANIMALS PICKED UP 0 13 12 25 DOGS SURRENDERED 67 64 56 187 CATS SURRENDERED 23 21 14 58 OTHER ANIMALS SURRENDERED 0 0 0 0 OGS QUARANTINED 1 3 15 19 CA TS QUARANTINED 1 2 4 7 DOGS BORN IN SHELTER 0 0 4 4 CATS BORN IN SHELTER 0 0 0 0 OTHER ANIMALS BORN IN SHEL TER 0 0 0 0 DOGS DIED IN SHEL TER 6 0 6 12 CATS DIED IN SHEL TER 3 3 1 7 OTHER ANIMALS DIED IN SHELTER 0 2 1 3 DOGS EUTHANIZED 78 54 83 215 CATS EUTHANIZED 63 47 65 175 OTHER ANIMALS EUTHANIZED 0 0 3 3 DOGS ADOPTED 63 57 59 179 CATS ADOPTED 33 28 19 80 THER ANIMALS ADOPTED 0 0 0 0 ACITVITY Jan'98 Feb'98 Mar '98 YTD L:\SHARED\APR98.BRD APR98.BRD OGS RECLAIMED 67 66 56 189 CATS RECLAIMED 5 6 8 19 OTHER ANIMALS RECLAIMED 0 0 0 0 DEAD DOGS PICKED UP 5 2 4 11 DEAD CATS PICKED UP 6 5 9 20 DEAD OTHER ANIMALS PICKED UP 10 19 8 37 DOG BITES (BREED) 2 3 15 20 CAT BITES 1 3 5 9 OTHER ANIMAL BITES 0 0 0 0 CITY LICENSES ISSUED (DOG) 89 129 174 392 CITY LICENSES ISSUED (CAT) 27 31 31 89 CITY LICENSES ISSUED (OTHER) 0 0 0 0 VOLUNTEER HOURS 152.75 88.5 95 336.25 EEN COURT HOURS 246.25 153.75 91.25 491.25 CITATIONS ISSUED 4 0 0 4 ANIMALS RELEASED IN THE WILD 1 1 1 3 - L:\SHARED\APR98.BRD Attachment B . North Richland Hills Shelter Advisory Board Meeting April 21, 1998 Critter Connection Revenue Date Adoptions Rabies Vac Critter Connection Aug 30, 1997 12 Reg. 1 Emp. @ $570.00 Had not started pre R. V. $472.04 Sep 13, 1997 17 Reg. 1 Emp. @ 795.00 90.00 190.66 Sep 27, 1997 16 Reg. 2 Senior @ 740.00 40.00 607.35 Oct 11, 1997 11 Reg. @ 495.00 70.00 470.00 Oct 25, 1997 14 Reg. 1 Emp. @ 665.00 70.00 413.69 Nov 08, 1997 11 Reg. @ 495.00 60.00 370.77 Nov 22, 1997 11 @ 495.00 10.00 763.40 . Nov 29, 1997 9 Reg. 1 Emp. @ 415.00 50.00 547.12 16 Reg. @ 720.00 11 0.00 752.25 Dec 06, 1997 Dec 13, 1997 15 Reg. @ 675.00 80.00 1437.60 Dec 20, 1997 16 Reg. 2 Senior @ 740.00 130.00 933.32 Dec 24, 1997 1 Adoption Gift Cert. @ 45.00 10.00 934.42 Jan 03, 1998 10 Reg. @ 450.00 100.00 734.24 Jan 17, 1998 19 Reg. @ 855.00 110.00 254.05 Jan 31, 1998 16 Reg. 1 Emp. @ 750.00 110.00 281.22 Feb 14, 1998 15 Reg. 1 Emp. @ 705.00 120.00 503.05 Feb 28, 1998 14 Reg. @ 630.00 90.00 330.92 Mar 14, 1998 18 Reg. @ 810.00 130.00 1216.00 Mar 28, 1998 13 Reg. @ 585.00 50.00 976.82 Totals Adoptions: 264 @ $11,635.00 R.V. Fees $1,430.00 $12,188.92 . APRIL'98.BRD . . . Attachment C ADOPT-A-THON '98 UPDATE 1. Advertising and press releases: Advertising in Star-Telegram already running and generating a lot of interest and phone calls. Press releases approved and ready to be faxed. 2. Walk-a-thon: Registration forms now available at the shelter and to be distributed around town. 3. Volunteers: HEB Jaycees to help, as well as other community volunteers. We can use all the help we can get. 4. Reunion Celebration: A come-and-go reception for adopters over the past two years. Invitations to be sent Wednesday. 5. Donation Giveaway: A variety of prizes are available for a drawing at $2 a chance. Need to push the sale of the tickets. 6. Coordinated efforts with other shelters: Maps and coupons are completed and ready to hand out during the adoptathon. 7. Entertainment: Spacewalk, just confirmed availability. Agility team, Man trackers. · e e MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 23, 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 Vice Chairman David Barfield Richard Davis Don Ferguson Ted Nehring Don Bowen ABSENT Mark Wood Paul Miller CITY STAFF Director, Planning Planner Recording Secretary Director, PW Asst. Director/PW Staff Engineer Barry LeBaron Christopher Baker Valerie Taylor Greg Dickens Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF APRIL 9, 1998 APPROVED Mr. Nehring, seconded by Mr. Ferguson moved to approve the minutes of April 9, 1998. The motion carried with a vote of 5 - O. Messrs. Bowen, Ferguson, Barfield, Nehring and Davis were in favor of this motion. Page 1 - 4/23/98 e e e 4. PS 97-63 REQUEST OF FRED BALLINGER FOR A PRELIMINARY PLAT TO BE KNOWN AS LOT 1, BLOCK 17, STONYBROOKE ADDITION. (LOCATED IN THE 7200 BLOCK OF EDEN ROAD) APPROVED Mr. LeBaron explained that this is a four-acre tract of land being platted into one lot for a residential home. It is currently zoned AG Agricultural and has several issues associated with it. Mr. Fred Ballinger, applicant, presented this request. He is the agent for the owner, Lisa McMannis. He explained that he would like to discuss fee abatement for the granting of right-of-way for both Hightower Drive and Eden Road. He covered items listed in his response letter to Public Works and showed a footprint of the proposed home on the lot. They would like to see Hightower downgraded to a C-2-U and discussed alternate alignments for Hightower and Marti Lane. Responding to a question, Mr. Ballinger stated that he would be willing to sign a covenant for the future street improvements on both Hightower Drive and Eden Road as well as the required utility improvements. Mr. Davis made the motion to approve PS 97-63 subject to engineers comments, with a recommendation that the alignment of a C-4-U street be centered on Marti Lane to the east, with a 68' right-of-way; a recommendation that a covenant be allowed for street & drainage improvements on Hightower Drive and Eden Road and also for the water & sewer improvements on Hightower Drive; waive the masonry screening wall but require the sidewalks, and allow adequate ~mergency vehicle access made to the house without requiring curb and gutter. Mr. Bowen seconded this motion and it carried 5 - O. Messrs. Davis, Bowen, Nehring, Ferguson & Barfield were in favor of this request. Page 2 - 4/23/98 e e e 5. PS 98-10 REQUEST OF SCOTT KUNKLE FOR A PRELIMINARY PLAT TO BE KNOW AS LOTS 1 & 2, BLOCK 1, KUNKLE ADDITION. (LOCATED IN THE 7700 BLOCK OF MID-CITIES BOULEVARD) APPROVED Mr. LeBaron explained that this triangular shaped property comes to a point and is at the northwest intersection of Mid-Cities Blvd. and Smithfield Road. It is zoned C-1 Commercial and this is a preliminary plat for two lots. Mr. LeBaron explained that it might not be necessary for the required masonry-screening wall to be extended all the way to the far point of property at Smithfield Road. Staff recommends that the wall only be extended as far as the southeast corner of Lot 3, to the north - or as far as the parking lot goes. Mr. Nehring moved, seconded by Mr. Davis to approve PS 98-10, waiving the screening wall past the parking lot, or whatever improvements are made. The motion carried 5 - O. Messrs. Nehring, Davis, Ferguson, Barfield & Bowen were in favor of this request. 6. PS 98-21 REQUEST OF MARVIN SMITH FOR AN AMENDED PLAT OF LOTS 1 - 16, BLOCK 26, KINGSWOOD ESTATES ADDITION. (LOCATED IN THE 7700 BLOCK OF SMITHFIELD ROAD) APPROVED Mr. LeBaron explained that this plat was approved several weeks ago and the applicant has come back to amend the front building lines in conformance with ~he R-2 zoning district. Mr. Ferguson made the motion to approve PS 98-21. Mr. Nehring seconded the motion and it carried 5 - O. Messrs. Ferguson, Nehring, Davis, Barfield & Bowen were in favor of this request. Page 3 - 4/23/98 e 7. PS 98-23 REQUEST OF LANDES & ASSOCIATES FOR A FINAL PLAT TO BE KNOWN AS LOTS 6 & 7, BLOCK 4, INDUSTRIAL PARK ADDITION. (LOCATED IN THE 5600 BLOCK OF RUFE SNOW DRIVE) APPROVED Mr. LeBaron explained that this 1.4-acre tract of land is on the west side of Rufe Snow Drive, just south of Eagle Crest Drive. It is being platted as two lots and one of the issues associated with this plat is that there was a preliminary plat done on this property in 1993 and the three-year time limit has already expired. A waiver of the time limit should be considered or the applicant will need to resubmit another preliminary plat. Staff doesn't believe this would be necessary since no changes in development have occurred. Additionally, two easements should be included on the plat, a five-foot utility easement on the south and a 7- Y2 foot utility easement on the west. e Mr. Coy Landes, Landes & Associates presented this request and stated that they have no problem granting the easements Mr. LeBaron discussed. Additionally, he would like to change the lot number to run consistent with the existing addition. It should be changed to 5 & 6, since Man's Best Friend is Lot 4. Mr. Davis moved, seconded by Mr. Nehring to approve PS 98-23 with the changes in the lot numbers and adding the requested easements. The motion carried 5 - O. Messrs. Davis, Nehring, Ferguson, Barfield & Bowen were in favor of this request. 8. PZ 98-16 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM MAKENS FOR A ZONING CHANGE FROM AG AGRICULTURAL TO C2 COMMERCIAL ON A PORTION OF TRACT 11B, T. PECK SURVEY, A-1210. (LOCATED IN THE 8700 BLOCK OF DAVIS BLVD.) TABLED Mr. LeBaron explained that this is a 3 % acre tract of land located at the north end of the city, just where Precinct Line Road intersects Davis Boulevard and is currently zoned AG Agricultural. One letter of opposition has been received regarding this request, which states a C-1 zoning classification would be preferred. e Page 4 - 4/23/98 e Chairman Barfield opened the public hearing and asked for any proponents. Seeing none, he called for any opponents. Mr. Peter Churchill, 8617 Ashley Court, stated he was speaking on behalf of the committee that has been established on the North Davis Boulevard Corridor Study. He stated he had hoped to see plans for the proposed and believes a C- 1 district would better fit into the "plan" for the area. Mr. Jim McCain, 8508 Steeple Ridge, also stated he is opposed to a C-2 classification and would prefer C-1 along the North Davis corridor. Seeing no additional opponents, Chairman Barfield closed the public hearing. Responding to a question, Mr. LeBaron stated that the proposed use would fit into the C-1 zoning district by right, but stated the Commission should be cautious down grading the zoning without the applicant being present. Mr. Ferguson made the motion to table PZ 98-16 until the applicant can be present. Mr. Davis seconded the motion and it carried 5 - O. Messrs. Ferguson, Davis, Nehring, Barfield & Bowen were in favor of this request. e 9. PZ 98-19 PUBLIC HEARING TO CONSIDER THE REQUEST OF GREG CLIFTON FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1-S RESIDENTIAL ON LOT 1, BLOCK 1, CLIFTON ADDITION. (LOCATED AT 8912 AMUNDSON ROAD) APPROVED Chairman Barfield opened the public hearing and called for any proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was çlosed. Mr. Bowen moved, seconded by Mr. Ferguson, to approve PZ 98-19. The motion carried with a vote of 5 - O. Messrs. Bowen, Ferguson, Davis, Nehring & Barfield were in favor of this request. 10. STAFF COMMENTS - Mr. LeBaron reminded the Commissioners that the Capital Improvements Advisory Committee meeting would be conducted as soon as this meeting adjourned. Page 5 - 4/23/98 · e e 11. CITIZEN COMMENTS There were none. 12. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:10 p.m. ~~ Chairman, David Barfield iL6~ Secretary, Don Bowen Don Bowen, Secretary David Barfield, Chairman Page 6 - 4/23/98 INFORMAL REPORT TO MAYOR AND CITY COUNCIL NtH 98 - 102 . ~ Date: June 8,1998 T Subject: Marcus Cable Presentation to Council Marcus Cable recently began upgrading their existing service to a digital format carried on fiber optic lines. The new system will provide additional channels, improved picture quality, and a new cable box with additional features including an on-screen television guide. Due to the enhancement of the new system, some users may be overwhelmed by all of the capabilities. To help the customers with the new system, Marcus has developed an interactive presentation. The Cable Board felt that if Marcus gives the presentation at a Council meeting, it will reach a larger audience than at any other time on Citicable. The presentation can be tailored, to our needs and time constraints, from 20 minutes to 1 Y2 hours. City Staff would like guidance as to the Council's interest in having the presentation at a regularly scheduled City Council Meeting ·e Respectfully Submitted, L.]). JLt- Aames D. Saint AssIstant to the City Manager e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-108 \ ~ Date: I, i \ Subject: V June 4, 1998 Discuss Possible Meeting Dates with Arcadia Group Several weeks ago the preliminary report for the Arcadia Project was presented to the City Council, Planning and Zoning Commission and Parks and Recreation Board in a joint meeting. Our plans have been to follow up with a more extensive work session with City Council to allow further discussion, understanding of the findings, and seek input from Council. We would like to get a date from Council that would be convenient for meeting two to three hours to discuss the Arcadia Project. We will need to coordinate Council times with the consultants and provide adequate lead-time for everybody to be there. Some dates that we know would be convenient with the Consultants are June 29, ;June 30, July 7. We would also like to know if Council would like to have a joint meeting with the Planning and Zoning Commission and Parks and Recreation Board on this matter or if you would prefer to have a meeting first with just the Council to review and discuss this project. We request your direction on the groups to invite and also a convenient date for Council to have a two to three hour work session. Respectfully submitted, ~nningham City Manager , LJC/cs ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-107 e ^ ~ Date: June 4, 1998 V ~ Subject: Meeting Dates for 1998-99 Policy Initiatives On July 24 and July 25 we will be holding a budget retreat with City Council to review the proposed 1998-99 budget for the City of North Richland Hills. Prior to that staff would very much appreciate an opportunity to discuss some policy issues and initiatives as well as some goals and visions of several of our departments for the 1998-99 fiscal year. With this type of preliminary meeting to the budget retreat, it would not only help us to receive input from Council on some of these initiatives, but it would also give Council an opportunity to see some of the major goals and initiatives for the coming year. It would be our suggestion that we allow approximately three hours for this type of session. It could also be very helpful if we could begin about 5:00 PM, have dinner and continue until about 8:00 to 9:00 PM. We would appreciate Council giving consideration to such a meeting. Some possible dates would be June 29, June 30, July 1, July 2, July 6, or July 7. We will look forward to discussing this with you on June 8. e Respectfully submitted, ~t0;::cr City Manager LJC/cs e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-109 e ~ Date: June 4, 1998 Subject: Discuss Use of Laptops for City Council Members On May 27 I sent IR 98-97 (attached) to Council regarding the purchase of laptops since there has been interest on the Council to have laptops to help with communications and reducing the amount of paper going back and forth to City Council members. There has also been some interest in looking at putting the Council agenda packages on computers in the future. The majority of Council has expressed interest in the use of laptops for Council. Councilman Metts did ask if we would put this on Pre-Council for discussion. It is my understanding from him that he is not necessarily opposed to the purchase of laptops but that he wanted to discuss it and have a better understanding of how these might be used. The purpose of this item on the Pre-Council would be to further clarify and understand possible uses. I have also attached an article from the May 25, 1998, Nations Cities Weeklv from a city in Kansas that uses laptops to receive their agenda package. Again this is something that we can look at in the future. Before we definitely decide on something like an agenda package on computer, we would discuss this extensively with Council. e We will look forward to discussing this with you at the Pre-Council meeting. Respectfully submitted, ~~=:oe City Manager LJC/cs e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS t ! e e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-97 ~ Date: ,\ay 27, 1998 T Subject: p~ase of Laptops for Council In recent months several City Council members have expressed an interest in our providing more information to Council electronically instead of solely by paper. With the use of laptops Council could put the Council agenda on this and receive various communications from the City Manager's office. The laptops could also be used for various meetings that you attend as well as regular Council meetings. We are currently looking at the feasibility of putting the entire Council agenda package on computer but we are not quite ready to do that The large maps and ~ other items such as plats cannot easily be done. However we will continue to explore this -p~ibility for the Mure. We d~ presently have the Council agenda on the Intemet Home Pag~r anyone to view (http://ci.north-richlar1d-hills.tx.us). " "'_~T Because of this level of interest and the benefits that are avanable to Council, I am proposing that we purchase laptops for Council members who would like to have these for use in communicating with the City Secretary and City Manager's office as weD as receiving various reports and communications electronically. We will install M"lCrosoft Word and provide Internet access. Through the Internet you will have E-mail capabilities in which you can communicate with the City Secretary's office and my office. VVhen we complete the c:tial-up' capability for our internal E-mail it may be desirable to discontinue the Internet accesS and have only the dial-up capability for our intemal E-mail. This wiD be sometime in the fan of this year before the dial-up capability will be completed. ._~:'__,.,' :.,---_ -:'_ _ _ ":', .-';:,:, ._;,,:.'...,~}~t;~~;$· We Win alsO' m8ketraining sessions available for the Council for Usèô'-" .. processing and the Internet. We can do -this with the Council as agfOUJ),Ofd your schedules can do it on various time schedules. If you would like to have a laptop assigned to you for city communication purposes,~ , , ' '" let me know so that I can place the purchase for these as soon as possible. FundSfor purchasing laptops are available in·the Council Contingency. - 'I will look forward to hearing from you soon. Respectfully submitted, '--/ C;' '"~ham . City Manager LJC/cs' ISSUED BY THE CITY MANAGER NORTH RÎèHLAND HILLS. TEXAS ,- .'~ .' . '. Notion's Cities Wee"'y May 25 1998 ;J , CITY IDEAS THAT WORK Lenexa, Kan. Council Proceedings Go High-Tech by Lean u. e To diøeontinue II8Íng paper, into the document, rather than l.eoeu had tD create an elec- writing in the IIlaJ'IÏD8, ar make tronic pac:ket document that their CIOIDJDeDta on a øeparate would ÑDCtion like a paper doc:- pqe with reCerenc:e8 to the The mayor and council of Leœu, Kanøu baveD\ had a printed meeting qoenda since December. Tbiø is not becauae DO ï.œe have come before the OYt!I'DÌIIg body. Rather, they have gone paperleea. Instead of reoeivin¡ a pedœt of material prior to MCb council meeting. the oðic:iaJa now tum on their Iapt.op computers and view the materials electrœiœIly. Caned the PaperØø Packet Pro;ec:t, the initiative is a product of a goal set by the ma,or and c:ounc:il æveral years ago fur the city of approximately 34,000 p0p- ulation to uae technology to work smarter. Last yæ.r, about baJ1' of the connri1.....mt-,¡ relied øoIely on the paper\eøs packet. -As a group, they all made the commitment this put n..œ.t1ber that January 1, 1998... they would all go 'cold ~ 80 to speak, and uae their Iaptopø and the ~ pødœtø ezduøiye. ~·1IIIid City Clerk Ssodra H0w- ell. Tbis tN1 .... reaIised becauae of the aðiciaIø' wiDine- DellI to Jeun the ..,.¡pn-.t and the ~ inwhed.. Now, many reama of paper are saved and hours of Itaft' time spent at a copy mac:hine producing paper docu- menta and in travel have been eliminat- ed. W hen Lenen reno- vated ita city hall, the future use of t«bnoJogy within the building was kept in mind. The council chambers were improved to accommodate audiolviauaI and multi-media presentations, along with the ability tD acceøø the city com- puter network from the c:ounc:il daï. and stafF tables. With the acquisition of n0te- book computers, the mayor and c:ounc:il can acceøø their packetø electronically and view them while at home and on the daï. during c:ouncil meetinp. The oð'icialø can a1øo acceøø . the city network from other locatiœø by mn~ the tele- phone line and Nrting the remote ac:œøa IIOftware with which each computer is equipped. The city currently has eight dial-in machines. liAs a group, they all made the com- mitment this past December that January 1, 1998... they would all go 'cold turkey,' so to speak, and use their laptops and the paperless packets exclusively," ~ ad 5cIICh HoweI. ument. The clerk's office gathers peàet materialø elec:trooically &om the various department. and ItoreI them in a directory fUr future uae. A DeW cIocwnent is created in the ....-d ~ software and the m- iJr the ftrioua pet.ket ïtem. are m-t.ed into the '¡"""._t in the order in which they are liatecI on the agenda, with the qenda being fint. Hyperlinkl in the apnda connect each item to the finIt page of the padr.et material for that item. The material is separated intD diatinc:t Iee- tionø for _ in printin¡ to a hard copy ü desired. The elec:tronic: document is then saved tD a directory avail- able to all persons having acœøø to the city network.. The clerk's ofIic:e sends an e-mail tD the mayar and council and applic:able stafF notifying them that the material is ready to be reviewed. The governing body mem- bers may then reviewtbe peck- et while cœnected to the city network. and download it onto their lapt.opø ü desired without tying up their telephone IinM. Staff can ac:œu the pecket and save it to their pereonal direc:to- riel for future refereoœ. The electronic packet is set up to function like a paper peck- et but with more efticiency. The officials can insert commente appropriate aec:tion of the doc:u- ment. They can a1øo higblight text easier than by hand. The mayœ- and eon"";!-- hers no longer have to maintain paper fllinc øyøtemø. If they . wish tD retain pecket items, they can easily IIfme them on their laptopø ar on diskettes. The city keeps the elec:tronic: aøeodaa and p&c:1œt material on tbe 6le ..-ver. Minutee of COUD- cü and otber city meetinp are mi¡rated tD øtorage 011 an opti.. c:aJ disk syø&em. The Paperlele Padœt is aI80 more c:onvenient far members of e e e e Vader Ú1Iem's Paþerkss PøcUt Project, i1lSt1tUl of "ctivi", a þacket of fMteriøl prior to eøcll c01lacil muti"" tlte o/ficiøls 1I01CI II"" 01C tluir loþtoþ comþtltns. the media, who no longer have to make a trip to city hall to obtain paper packets prior to council meetings. The packet document can now be transmit-- ted electronically over the Internet. Detaß.ø: City Clerk Sandra Howell at (913) 477-7518. To see an example of an agenda. visit Lenexa On-Line at www.ci.lenexa.ks.us. _ e e e - MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 7,1998 - 6:00 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order May 7, 1998 at 6:00 p.m. ROLL CALL Present: Tommy Brown Lyle E. Welch Mack Garvin Frank Metts, Jr. JoAnn Johnson Don Phifer Cheryl Cowen Lyman Mayor Councilman Councilman Councilman Councilwoman Councilman Councilwoman Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire City Manager Deputy City Manager Assistant City Manager City Secretary Attorney Absent: Byron Sibbet Mayor Pro Tem INVOCATION Councilman Metts gave the invocation. 2. SPECIAL PRESENTATIONS This item was presented later in the meeting. 3. GN 98-48 - CANVASSING MAY 2, 1998 MUNICIPAL ELECTION AND CALLING RUN-OFF ELECTION - RESOLUTION NO. 98-22 APPROVED e e e City Council Minutes May 7,1998 Page 2 Mayor Brown presented the canvass of the May 2, 1998 Municipal Election. RESOLUTION NO. 98-22 WHEREAS, an Election was duly held in the City of North Richland Hills, Texas, on the 2nd day of May, 1998 to elect the Mayor and Council Places 2, 4, and 6 and Municipal Judge of the City of North Richland Hills, Texas; and WHEREAS, the Mayor and City Council duly canvassed the votes of said election on this the 7th day of May, 1998; and WHEREAS, the canvass showed the following results: Candidates ~ Charles Scoma Richard Davis Mayor Don Tipps Ruth Ann Smith Russ Mitchell Plaœ2 Oscar Trevino JoAnn Johnson Plaœ4 Byron Sibbet Matt Milano Place 6 Ray Oujesky Municipal Judge IQtID 1,378 1,164 1,142 437 904 1,202 1,294 1,174 1,221 2,017 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The above canvass be and the same hereby is in all things approved. e e· e City Council Minutes May 7, 1998 Page 3 2. The Council finds that the following candidates should be declared elected to the office indicated; and it is so ordered: Office Mayor Council Place 4 Council Place 6 Municipal Judge Duly Elected Official Charles Scoma JoAnn Johnson Matt Milano Ray Oujesky 3. The Council finds that no candidate received a majority of votes for Council Place 2. It is ordered that a Run-off Election be held between Don Tipps and Russ Mitchell, for Council Place 2, on , 1998 between the hours of 7:00 a.m. and 7:00 p.m. at the following voting locations: PRECINCTS Precinct One (includes County voting precincts 3214,3324,3333,3041,3364, 3350 & 3366) Precinct Two (includes County voting precincts 3215,3140,3325,3326,3289 3424, & 3425) Precinct Three (includes County voting precincts 3209, 3063, 3049, 3177, 3367, 3387, 3507 & 3527) VOTING LOCATION City Hall, 7301 Northeast Loop 820 Dan Echols Senior Adult Center 6801 Glenview Drive Bursey Road Senior Adult Center, 7301 Bursey Road 4. The same election officials who conducted the elections of May 2, 1998 are hereby appointed to conduct the run-off election. e e e City Council Minutes May 7,1998 Page 4 5. Early voting will begin on at 8:00 a.m. and end at 5:00 p.m. from Monday through Friday of each week. Such early voting shall take place in the office of the City Secretary in the City of North Richland Hills City Hall (the Pre-Council Room and City Council Chambers shall be considered an extension of the City Secretary's Office for early voting purposes) at 7301 Northeast Loop 820, North Richland Hills, Texas. The City Secretary, or her designee, shall be responsible for conducting all early voting. 6. In accordance with Section 87.004 of the Texas Election Code, the Presiding Judge at City Hall and at least two (2) election clerks shall also serve as the Early Voting Ballot Board to count the ballots received in Early Voting by Personal Appearance and Early Voting by Mail. 7. All residence qualified electors of the City shall be permitted to vote at said election, and on the day of the election, such electors shall vote at the polling place designated for the Election precinct in which they reside. 8. The election shall be conducted pursuant to the election laws of the State of Texas. The City Secretary is directed to procure voting machines, if available, for the election of , and voting machines are hereby adopted as the method of voting at such election. Councilwoman Lyman moved, seconded by Councilman Garvin, to approve Resolution No. 98-22 and to set the date for the run-off election for Thursday, May 28th, 1998, early voting to begin May 13, 1998 and end May 22, 1998. Motion carried 6-0.' 4. GN 98-49 - FILING STATEMENTS OF APPOINTED OFFICIALS WITH SECRETARY OF STATE - RESOLUTION NO. 98-23 APPROVED City Council Minutes May 7,1998 Page 5 e Councilwoman Lyman moved, seconded by Councilman Phifer, to approve Resolution No. 98-23. Motion carried 6-0. 2. SPECIAL PRESENTATIONS City Manager Cunningham gave special thanks to Councilman Mack Garvin and Mayor Pro Tem Byron Sibbet for their excellent years of service to the city staff, city council and the citizens of North Richland Hills. 5. GN 98-50 - OATH OF OFFICE City Attorney McEntire administered the oath of office to Charles Scoma and Ray Oujesky. Tommy Brown administered the oath of office to Matt Milano. e Municipal Judge Oujesky administered the oath of office to JoAnn Johnson. 6. ADJOURNMENT Mayor Scoma adjourned the meeting. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary · 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 - MAY 11,1998·6:20 P.M. Present: Charles Scoma Mayor Lyle E. Welch Councilman Mack Garvin Councilman Frank Metts, Jr. Councilman JoAnn Johnson Councilwoman Don Phifer Councilman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Rex McEntire Attorney Marty Wieder Economic Development Director e Greg Dickens Public Works Director Jim Browne Parks and Recreation Director Barry LeBaron Planning!1 nspection Director Andy Jones Fire. Chief -; - Larry Koonce Fina_nce Director I ITEM I DISCUSSION I ASSIGNMENT I CALL TO ORDER Mayor Scoma called the meeting to order at 6:20 p.m. e e e e Pre-Council Minutes May 11, 1998 Page 2 ITEM DISCUSSION ASSIGNMENT CONSIDERA TION Mr. David Medanich, First Southwest LARRY K. OF ACTION ON Company, presented and explained the bond ALL MATTERS sale to the Council. Mayor Scoma had PERTAINING TO questions concerning the city's charges for THE AWARD AND insurance. Mr. Medanich explained the SALE OF insurance charges were the rating fees, and $2,910,000 IN the insurance fee was included in the GENERAL underwriter's bid. Mr. Medanich advised they OBLlGA TION were recommending 1) to accept the bid of BONDS, SERIES First Southwest Company for the $2,910,000 1998 AND GO Bonds at a true interest cost of 5.105383 APPROVE percent, and 2) to accept the bid of First ORDINANCE NO. Southwest Company for the purchase of 2302 AND $8,180,000 Certificates of Obligation at a true CONSIDERA TION interest rate of 5.012055 percent. OF ACTION ON ALL MATTERS PERTAINING TO THE AWARD AND SALE OF $8,180,000 IN TAX AND WA TER- WORKS AND SEWER SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 1998 AND APPROVE ORDINANCE NO. 2303 MEMBERSHIP Councilwoman Lyman advised that because NAN AND RELA TION- the Chamber is restructuring and is adding SHIP WITH three committees - governmental affairs, NORTHEAST transportation and environmental - and they TARRANT have made progress in addressing the City's CHAMBER concerns and interests, she is recommending that the City rejoin the Chamber. Mayor Scoma advised this would be discussed further during the regular Council meeting. e e e Pre-Council Minutes May 11, 1998 Page 3 ITEM DISCUSSION ASSIGNMENT DISCUSS OTHER Agenda Item No. 14 - GN 98-52 - NAN REGULAR Councilwoman Lyman advised that several AGENDA ITEMS Council Members have expressed interest in a nepotism clause. She advised the proposed ordinance did not include a nepotism clause and if the Council should want it included, the ordinance would need to be revised. Mayor Scoma advised this item would be discussed further during the regular Council meeting. DISCUSSION OF Councilman Metts advised he requested this JIM B.lRANDY S. RESTROOMS AT item be placed on the Pre-Council Agenda for LINDA discussion. He explained that he felt that SPURLOCK PARK Linda Spurlock Park had become more of a regional park than a neighborhood park. He felt the park needed a small utility-type restroom. After discussion by the Council, the consensus was that a restroom was needed and Staff was instructed to send the request to the Parks and Recreation Board for their recommendation. Councilwoman Johnson also requested that the Parks Soard look at installing an electrical plug in the pavilions: UPDATE ON Mr. Wieder updated the Council on the MARTY W. TRINITY RIVER proposed options being considered to allocate EXPRESS the operating costs. Mr. Wieder advised RAILWAY COST NCTCOG was working with DART and FWT A ALLOCA TION and had proposed six options for an organizational structure to decide the form of interagency agreements and administer the operating cost allocation. Mr. Wieder reviewed the options being considered with Council. Mr. Wieder advised that option number 3 had received support from DART and the Fort Worth Transportation Board which included coordination and oversight of the new subcommittee by RTC, representation on the bv the ... from each of the '. . . Pre-Council Minutes May 11, 1998 Page 4 ITEM DISCUSSION ASSIGNMENT UPDATE ON nine cities, representation from the six RTC TRINITY RIVER members representing the Mid-Cities, and ad EXPRESS hoc representation for D/FW International RAILWAY COST Airport and the two transit authorities. ALLOCA TION Likewise, this option meets the request that (Continued) Council previously made to ensure that the allocation process was as previously mentioned by the RTC. BRIEFING FROM Mr. Jerry Tyner, Town Hall Committee RANDY S. TOWN HALL Member, updated the Council on the activities COMMITTEE of the Town Hall Committee. He advised the Committee would like to hold a Town Hall meeting on June 16 or 18 to discuss and receive input on the Park Master Plan. The consensus of the Council was to set the Town Hall Meeting for June 18 at 7:00 p.m. to be held at the Recreation Center, second Floor Assembly Room. - OTHER "BISD Vision for the Next Millennium" - Mayor NAN INFORMATIONAL Scoma advised BISD had invited the Council ITEMS to a breakfast meeting June 23 at 7:30 a.m. at the Thomas Coliseum. The School District is asking for the City's input in their planning for the future. Mayor Scoma advised he would also be meeting with John Spicer, BISD School Board, next week and for the Council to let him know of any suggestions they might have in the way of visionary ideas. Agenda Item No. 19, PU 98-39 - Mayor NAN Scoma questioned who the manufacturer of the bleachers was and if the drawings were stamped by a registered engineer. Jim Browne indicated they were not stamped and responded to other questions. .. e e -- Pre-Council Minutes May 11, 1998 Page 5 ITEM DISCUSSION ASSIGNMENT OTHER Agenda Item No. 20, PU 98-40 - In response INFORMA TIONAL to questions concerning the purchase of ITEMS insurance for the water park, Staff advised that (Continued) American Specialty Insurance was only able to provide references for private entertainment/sports companies. Staff also advised that to determine if there were any other cities purchasing similar insurance, a city with a water park would have to be located. Staff advised the City was purchasing the minimum size policy offered and the premiums reflected this. Councilman Phifer advised he would be abstaining from discussion and vote on Agenda Item No. 13. ADJOURNMENT Mayor Scoma adjourned the meeting to NAN Executive Session at 7: 1 0 p.m. to discuss litigation matters as authorized by Section 551.071 of the Government Code and for deliberation regarding real property as authorized by Section 551.052 of the Government Code. Charles Scoma - Mayor A TIEST: Patricia Hutson - City Secretary e MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 11,1998 -7:30 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order May 11, 1998 at 7:30 p.m. ROLL CALL Present: Charles Scoma Mack Garvin Frank Metts, Jr. JoAnn Johnson Don Phifer Matt Milano Cheryl Cowen Lyman Mayor Councilman Councilman Councilwoman Councilman Councilman Councilwoman e Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire City Manager Deputy City Manager Assistant City Manager City Secretary Attorney Absent: Lyle E. Welch Councilman 2. INVOCATION Mayor Scoma gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS 8. "YARD OF THE MONTH" AWARDS e This item was postponed until the June 8 meeting. e e e City Council Minutes May 11, 1998 Page 2 b. "LANDSCAPE OF THE MONTH" AWARDS This item was postponed until the June 8 meeting. c. "INTERNATIONAL CHRONIC FATIGUE AND IMMUNE DYSFUNCTION SYNDROME AWARENESS MONTH" Mayor Scoma presented Ms. Karen Day with a proclamation recognizing Mayas "International CFIDS, FM and GWS Awareness Month". d. "NATIONAL PUBLIC WORKS WEEK" Mayor Scoma presented Greg Dickens, Public Works Director, with a proclamation recognizing May 17 - 23 as "National Public Works Week". 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (7,8, 12, 17, 19,20 & 23) APPROVED Councilman Metts moved, seconded by Councilman Phifer, to approve the Consent Agenda. Motion carried 6-0. *7. MINUTES OF THE PRE-COUNCIL MEETING APRIL 27, 1998 APPROVED " City Council Minutes May 11,1998 Page 3 . *8. MINUTES OF THE REGULAR MEETING APRIL 27,1998 APPROVED 9. PZ 98-19 - PUBLIC HEARING TO CONSIDER THE REQUEST OF GREG CLIFTON FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1-S RESIDENTIAL ON LOT 1, BLOCK 1, CLIFTON ADDITION. (LOCATED AT 8912 AMUNDSON ROAD) ORDINANCE NO. 2295 APPROVED Mr. Barry LeBaron, Director of Planning, explained the zoning request for this development. . Mayor Scoma opened the Public Hearing and called for anyone wishing to speak for or against to come forward. There being no one wishing to speak, Mayor Scoma closed the Public Hearing. Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PZ 98- 19. Motion carried 6-0. 10. PZ 97-52 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DWIGHT BARON FOR A ZONING CHANGE FROM AG AGRICULTURAL TO PD PLANNED DEVELOPMENT FOR MINI-WAREHOUSE ON A PORTION OF TRACT 2, BRENTWOOD ESTATES ADDITION (LOCATED IN THE 8600 BLOCK OF DAVIS BLVD) ORDINANCE NO. 2264 DENIED Mayor Scoma opened the Public Hearing and called for anyone wishing to speak for or against to come forward. _ Mr. Dwight Baron, applicant, presented the zoning change request to the Council. - . - The following spoke in favor of the request: Mr. Walter Nelson, Engineer for the applicant. City Council Minutes May 11, 1998 Page 4 Mr. Brad Feese, Associate with Ben Dyess & Associates, Real Estate Consultant and Valuation Specialist for the applicant. Mr. Tom Hasty, 8617 Davis Blvd. The following residents spoke in opposition of the request: Alan Schiller, 8636 Shadybrooke Drive Chad Duncan, 8309 Thorncrest Kevin Leckey, 8625 Caddo Court James McCain, 8508 Steele Ridge Francis Lynn, 8616 Shadybrooke Drive Steven Van Wie, 8551 Shadybrooke Court Pat Roberts, 8609 Amhurst Court Peter Churcher, 8617 Ashley Court Dan Johnson, 8628 Shadybrooke Mary King, 8617 Shadybrooke Drive Robert O'Reilly, 9001 Trails Edge Drive Judy Shaw, 5575 Davis Blvd Kirk Roberts, 8612 Shadybrooke There being no one else wishing to speak, Mayor Scoma closed the Public Hearing and gave the applicant 3 minutes for rebuttal. Mr. Dwight Baron reiterated his support for the rezoning. Councilman Milano moved, seconded by Councilwoman Lyman, to deny PZ 97-52. Motion carried 6-0. 11. PZ 97-53 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DWIGHT BARON FOR REZONING FROM AG AGRICULTURAL TO C1 COMMERCIAL ON A PORTION OF TRACT 2, BRENTWOOD ESTATES ADDITION (LOCATED AT 8600 BLOCK OF DAVIS BLVD) ORDINANCE NO. 2263 WITHDRAWN e e e City Council Minutes May 11, 1998 Page 5 Because of the denial for PZ 97-52, Mayor Scoma asked Mr. Baron if he would like to withdraw this request. Mr. Baron withdrew the request and advised he will, in the future, go back before the Planning and Zoning Commission with a request to rezone the entire tract. Mr. Rex McEntire, Attorney, advised that Council did not need to act formally on Mr. Baron's request to withdraw and that Mr. Baron did not need to submit his request in writing. The attorney advised that Mr. Baron's verbal comment would be adequate to withdraw the case and that this case is no longer active and valid. *12. PS 98-21 - REQUEST OF MARVIN SMITH FOR AN AMENDED PLAT OF LOTS 1 - 16, BLOCK 26, KINGSWOOD ESTATES ADDITION (LOCATED IN THE 7700 BLOCK OF SMITHFIELD ROAD) APPROVED 13. PS 98-23 - REQUEST OF LANDES & ASSOCIATES FOR A FINAL PLAT OF LOTS 6 & 7, BLOCK 4, INDUSTRIAL PARK ADDITION (LOCATED IN THE 5600 BLOCK OF RUFE SNOW DRIVE) APPROVED COUNCILMAN PHIFER ANNOUNCED THAT HE WOULD BE ABSTAINING FROM DISCUSSION AND VOTE. Councilwoman Johnson moved, seconded by Councilman Metts, to approve PS 98-23. Motion carried 5-0; Councilman Phifer abstaining. 14. GN 98-52 - ESTABLISHING DIRECTIVES FOR BOARD AND COMMISSIONS - ORDINANCE NO. 2304 APPROVED e e e City Council Minutes May 11, 1998 Page 6 Councilwoman Johnson moved to approve Ordinance No. 2304. Councilwoman Lyman advised she had been approached by several council members about the addition of a nepotism clause. The Mayor advised a second to the motion was needed before the floor was open to discussion to the motion. Councilman Garvin seconded the motion. The Council discussed whether a clause should be added to the Ordinance that would not allow anyone related to a council member to be appointed to a board or commission. It was the consensus of the Council that consistency regarding nepotism should be handled the same city wide. Mayor Scoma also suggested that Council consider changing the terms to a beginning date of July 1 rather than June 1. He suggested the committee report back to the Council with a recommendation on a nepotism provision and the beginning date for term of office. Councilwoman Lyman advised she would like to amend the motion to include a nepotism clause. Councilwoman Johnson withdrew her motion and Councilman Garvin withdrew his second. Councilwoman Lyman moved, seconded by Councilman Garvin, to approve Ordinance No. 2304 with a provision for a nepotism clause "No appointee shall be related to the appointing council person within the second degree of affinity or within the third degree of consanguinity and that anybody who is already on a board that will be affected by this will be grandfathered." Mayor Scoma advised the extension of time was not mentioned and asked Councilwoman Lyman if she wanted to include it in the motion. Councilwoman Lyman advised she would amend the motion to include that the terms of office begin on July 1. Councilman Garvin seconded the amendment. e e e City Council Minutes May 11, 1998 Page 7 Motion carried 5-1, Councilmen Garvin, Metts, Phifer and Milano and Councilwoman Lyman voting for, and Councilwoman Johnson voting against. 15. GN 98-53 - CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO THE AWARD AND SALE OF $2,910,000 IN GENERAL OBLIGATION BONDS, SERIES 1998 AND APPROVE ORDINANCE NO. 2302 APPROVED David Medanich, First Southwest, appeared before the Council. Mr. Medanich recommended the Council accept the bid of First Southwest Company, at a true interest rate of 5.105383% for the $2,910,000 General Obligation Bonds, Series 1998. Councilman Phifer moved, seconded by Councilwoman Lyman, to approve GN 98-53, and accept the bid of First Southwest Company for the purchase of $2,910,000 "City of North Richland Hills, Texas, General Obligation Bonds, Series 1998" at a true interest rate of 5.105383% and adopt the Ordinance authorizing the issuance of such bonds. Motion carried 6-0. 16. GN 98-54 - CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING TO THE AWARD AND SALE OF $8,180,000 IN TAX AND WATERWORKS AND SEWER SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 1998 AND APPROVE ORDINANCE NO. 2303 APPROVED Mr. David Medanich, First Southwest, appeared before the Council. Mr. Medanich recommended the Council accept the bid of First Southwest Company at a true interest rate of 5.012055% for the $8,180,000 Tax and Waterworks and Sewer System Revenue Certificates of Obligation, Series 1998. Councilman Phifer moved, seconded by Councilwoman Lyman, to approve GN 98-54, and accept the bid of First Southwest Company for the purchase of $8,180,000 "City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited Pledge) e e e City Council Minutes May 11, 1998 Page 8 Revenue Certificates of Obligation, Series 1998" at a true interest rate of 5.012055% and adopt the Ordinance authorizing the issuance of such certificates of obligation. Motion carried 6-0. *17. GN 98-55 - TRANSITIONAL HOUSING TAX EXEMPTION FOR COMMUNITY ENRICHMENT CENTER - ORDINANCE NO. 2301 APPROVED 18. GN 98-56 - MEMBERSHIP AND RELATIONSHIP WITH NORTHEAST TARRANT CHAMBER APPROVED Councilman Metts moved, seconded by Councilwoman Lyman, to approve GN 98-56, to re-enter the Chamber. Councilwoman Lyman advised she felt the Council should reconsider the city's membership with the Northeast Tarrant Chamber. The Chamber, under new leadership, had formed three new committees that are beneficial to the city - governmental affairs, transportation and environmental clean air. These committees will deal with areas that the Council had concerns about. The city can meet with the Chamber to address the other areas of concern. After much discussion, it was the consensus of the Council to have a meeting with the Chamber to discuss the concerns and rejoin at this time. Motion carried 6-0. *19. PU 98-39 -AWARD BID FOR BLEACHERS TO MODLIN RECREATION EQUIPMENT IN THE AMOUNT OF $17,210 APPROVED City Council Minutes May 11, 1998 Page 9 e *20. PU 98-40 - NRH20 INSURANCE RENEWAL APPROVED 21. PU 98-41 - PROFESSIONAL SERVICES FOR THE COTTON BEL T TRAIL ISTEA PROJECT APPROVED Councilwoman Johnson moved, seconded by Councilman Phifer, to approve PU 98-41. Motion carried 6-0. 22. PW 98-08 - APPROVE RIGHT-OF-WAY PURCHASES FOR RUMFIELD ROAD PHASE II WIDENING PROJECT (FROM SPRING OAK DRIVE TO EDEN ROAD) APPROVED e Councilwoman Lyman moved, seconded by Councilman Metts, to approve PW 98-08. Motion carried 6-0. *23. PAY 98-02 - APPROVE FINAL PAYMENT ESTIMATE NO.5 IN THE AMOUNT OF $14,096.25 TO CRAIG OLDEN, INC. FOR IRON HORSE GOLF COURSE 1997 EROSION CONTROL IMPROVEMENTS APPROVED 24. CITIZENS PRESENTATION Mr. Marlin Miller, 5109 Susan Lee Lane, asked the Council to consider an ordinance that forced election candidates to seek permission from residents to place campaign signs in their yards. Mr. Russ Mitchell, 7800 Old Hickory, voiced his concerns to the Council regarding the setting of the run-off election date on May 28 instead of June 6. e r e e . City Council Minutes May 11, 1998 Page 10 Mayor Scoma asked Mr. Marty Wieder, Economic Development Director, to update the Council on the Trinity River Express Railway Cost Allocation. Mr. Wieder presented information on the Trinity River Express Railway cost allocation. 25. ADJOURNMENT Mayor Scoma adjourned the meeting. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary ~. - e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-105 ~ Date: June 3, 1998 Subject: Follow Up on 1998 Council Goals Regarding Zoning Ordinance Review, Code Enforcement Direction and Policy, and Landscape Ordinance At the February 1998 Goal Setting Meeting the City Council identified eight top and high priorities. On April 27 in IR 98-74 (attached) the staff presented an Implementation Plan for each of these priorities. We need to revise the estimated completion dates but we have started on each of these in some form or fashion. Three of these priorities: (1) Zoning Ordinance Review, Revision, and Sun Setting, (2) Code Enforcement Direction and Policies, and (3) Landscape Ordinance, are ones that we need further direction and input from Council. We also request consideration be given to establishing citizen committees to assist the staff and Council in evaluating these matters. At the Pre-Council meeting on June 8 we would like to seek your input to clarify the direction we should take in evaluating these three priorities. Even though we believe we have a fairly good idea of what it is you want us to take a look at, before moving forward we would appreciate your advising us of any specific or special areas of concern or interest to be evaluated in this process. In the April 27 Implementation Plan we mentioned both in Code Enforcement and the Zoning Ordinance Review Priorities, the idea of citizen involvement or committees. With regard to the Landscaping Ordinance we mentioned meeting with the Council appointed committee on landscaping regarding these matters. The staff believes it would be mœtheIRful to have· some citizen involvement through committees to assist in looking at these very important issues. Since the Landscaping Ordinance would actually be a part of the Zoning Ordinance it appears that having this made a part of the review process with the zoning matters would be beneficial. In discussing this with Mayor Scoma we believe it would be beneficial to have two committees verses three. One committee could be identified as the Land Use Ad Hoc Committee. Their work would incorporate the Comprehensive Land Use, subdivision regulations, zoning regulations, landscaping master street plans, and sign ordinances. By combining these, these matters could be coordinated more effectively since they are tied together one way or another. It would be our suggestion that a Land Use Ad Hoc Committee be formed consisting of fifteen members from the general public (residential, businesses, developers, etc.). The Mayor suggests, and staff concurs, that citizens be invited to apply to serve on this committee by completion of an application form. City Council can submit application forms for people they believe might have interest in serving on such a committee or Council members could advise citizens to directly apply. Information about the committee could be inserted in the Quarterly Newsletter, on Citicable, through utility bills and other means to seek as much interest as possible. After the application forms are completed it is suggested that the Mayor, Mayor Pro Tem, and a representative of the City Manager's office evaluate the applicants and develop a balanced list based on residential, business, developers, older areas, newer areas, etc. and the fifteen committee members would then be presented to City ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ e e e Council. It is also suggested that a member of the Planning and Zoning Commission and a member of the Parks and Recreation Board be selected to be a liaison with this ad hoc committee to provide a link and informational awareness and knowledge from those respected boards to the committee. A City staff member would also be designated by the City Manager to be the primary staff liaison with this ad hoc committee. Findings and recommendations from the Land Use Ad Hoc Committee would be presented to the Planning and Zoning Commission and then to the City Council. A second committee that is being suggested is a Code Enforcement Ad Hoc Committee. This ad hoc committee would review the current procedures and philosophy for code enforcement as well as ordinances. It is suggested that this ad hoc committee be formed in a similar fashion to the one identified above consisting of fifteen members and that an application process similar to mentioned above also be used to seek citizens interest and involvement. The difference in these two committees would be that the findings and recommendations of such and ad hoc committee would be reported directly to City Council and not to the Planning and Zoning Commission as this would be outside their area of responsibility . We are attaching some suggested missions or objectives for each of these suggested ad hoc committees. As we follow up with the Council priorities in these three areas, we believe it would be most helpful to have citizen involvement and participation. By doing so we will get feed back from citizens as to what they would like to see and that input should be most helpful to Council as you decide what direction and what changes, if any, are needed in the future direction of these areas. We will look forward to making a general presentation and discussing this with you June 8. Respectfully submitted, Larry J. unningham City Manager LJC/cs e e e land Use Ad-Hoc Committee Mission Evaluate current land uses in regards to zoning, landscaping, and signage, and plan for the future development of our community to enhance the image and quality of residential and business areas. Obiectives · Develop a process for reviewing the Zoning Ordinance and Comprehensive Land Use Plan; · Identify desirable landscaping outcomes to enhance the attractiveness of our city and protect neighborhoods and adjacent properties; · Evaluate what current zoning and landscaping ordinances have resulted in; · Explore options used by other cities; · Conduct meetings as needed with businesses and neighborhoods to seek input and ideas; · Provide liaison with Planning and Zoning Commission, ZBA, and Parks and Recreation Board as needed to insure communication, coordination, and input. · Establish modifications to guidelines, if needed; · Make recommendations to Planning and Zoning Commission and Council e e e Code Enforcement Mission Review and evaluate current code practices to provide a visionary program for the future development of our city, which will address the needs of an increasingly dynamic community . Obiectives · Review current policies and enforcement programs; · Identify problems and concern; · Define 'code enforcement for NRH'; · Recommend to Council code enforcement policies and a realistic enforcement program to attain the desired goals; · Inform citizens; · Work with homeowners associations and other community groups; · Report findings, conclusions, and any recommendations to Council. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-103 e \ ~ Date: Ii '~ Subject: I June 3, 1998 Proposal for Cultural and Educational Ad Hoc Committee Mayor Charles Scoma has requested that this item be placed on the Pre-Council agenda to discuss forming an ad hoc committee for cultural and educational opportunities. At Pre- Council Mayor Scoma plans to outline his ideas and functions for such a committee. He has indicated that such a committee might review the current cultural and educational services offered by our City and suggest new programs for consideration by City Council. Mayor Scoma also indicates that he believes this can be a benefit to our business community through adult continued education programs as a joint venture with TCJC and BISD. Tutorial services for children and adults alike might also be offered, some being in technology and others perhaps in reading, math, or languages. His commer'1ts to me indicate that some cultural programs might include music, stage, and art programs or organizations. This is just a brief idea of what Mayor Scoma plans to discuss with Council and I know that he will go into more detail. e Staff suggests that such a committee consist of between twelve and fifteen members and that interested citizens who would like to serve on such an ad hoc committee would go through an application process similar to the one being recommended for the Land Use and Code Enforcement Committees. An evaluation team of the Mayor, Mayor Pro-Tem and City Manager's office would review the applications and submit the names to Council. Again this IR is for purposes of making you aware of the subject matter to be presented by.. Mayor Scoma at the Pre-Council meeting. Respectfully submitted, r!:rr/£n~ City Manager LJC/cs e ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS I It Department: Planning & Inspections Council Meeting Date: 6/8/98 Subjecþllbli~ \-Ip~uino tn r.onc;irlE'r tpE' RE'q'lE'st of lim Makens Agenda Number: PZ 98-16 For a Zoning Change from AG-Agricultural to C1-Commercial On a Portion of Tract 11 B, T. Peck Survey, A-1210. (Located in the 8700 Block of Davis Blvd.) Ordinance No. 2306 Mr. Makens is the agent representing Orval Hall Excavating Company, the owner of the property, and is requesting the property be rezoned from AG-Agricultural to C1-Commercial. This property is located on the north side of the new intersection of Precinct Line Road and Davis Boulevard and is directly adjacent to the city limit lines with Colleyville and Keller, located east and north respectfully. The property contains approximately 3.74 acres of land. The applicant originally requested C2-Commercial zoning, but at the May 14, 1998 Planning and Zoning Commission meeting Mr. Makens submitted a letter changing his request to C 1-Commercial zoning. The applicant has indicated that the property will be developed as a convenience store with gasoline sales. At this location, C-1 zoning would allow a convenience store with gasoline sales without a Special Use Permit because the property is more than 200' away from residential property. All property owners within 200' of this request have been notified. To date, no adverse comments have been received. This rezoning request is in accordance with the Comprehensive Land Use Plan for the City of NRH. The Planning and Zoning Commission considered this request at its May 14, 1998 meeting and recommended approval of the request for rezoning to C 1-Commercial. RECOMMENDA TION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Otherö Acct. Number Sufficient Funds Available ~ artment Head Signature CnY COUNCIL ACTION Finance D_ Page 1 of 7. e PZ 98-16 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM MAKENS FOR A ZONING CHANGE FROM AG AGRICULTURAL TO C2 COMMERCIAL ON A PORTION OF TRACT 11B, T. PECK SURVEY, A-1210. (LOCATED IN THE 8700 BLOCK OF DAVIS BOULEVARD) TABLED 4/23/98 APPROVED Chairman Barfield informed the audience that the applicant had submitted a letter requesting the zoning request be down graded to a C-1 Commercial classification and opened the public hearing. Mr. Jim Makens, applicant presented his requesting stating that he is in favor of the proposed change. Chairman Barfield called for additional proponents. Mr. James Lawbacher, 8805 Hedge Row Court, stated that the Steeple Ridge residents prefer the C-1 classification, they will be making a presentation in the near future regarding a North Davis Boulevard Overlay Zone, and the majority of that proposal shows C-1 zoning along this corridor. e Mr. James McCan, 8508 Steeple Ridge Drive, was also in favor of this request. Seeing no additional proponents or opponents, Chairman Barfield closed the public hearing. Mr. Bowen, seconded by Mr. Ferguson moved to approve PZ 98-16 as a C-1 zoning classification. The motion carried with a vote of 7 - O. Messrs. Miller, Wood, Bowen, Barfield, Ferguson, Nehring & Davis were in favor of this request. - Page 5 - 5/14/98 P & Z Minutes 04/08/98 ION 11:58 FAX 817 825 2941 ORVAL BALL FILE No. 923 ()lV()6 '98 08 ~ I D : TÆ I"A<ENS CO 8115. .583 141 002 ~ 2 e OWNER·S AFJl'lDA vrr SWe ofTcxas CoWlly of Tarrant BEFORE ME) the undersipcd authority. on this day parsaoally appeared Mike Hall, President ot" Orval Ran Extavaring Company. ·known to me to be the penon and/or officer whose name is subscribed barcto aDd upon oath deposes aDd says; THAT. James Mwna of MaIœDs mvcstmeAIJ. 1Dc;. is b.crcby aathorized to fonnany represent the &mdersigned owner in the rczanina and platriDg of property described as approximately 3.74 acres o( IaDd known a.s a Tract out of the Thomas Peck SUTVC)', AbstraCt 1210. City ofNonh Iliçhland Ril1s, TUTant County. TcJUlS. e SWORN TO AND SUBSClUBED before me Ob this lp day of April, 1998. ~~~.£Q' NamePrinled U,"þ>-b~ ~~ Commiasion Expires 4- (3..5" - 2.-00' aD.&ßiTM llCAFiE NOTARY PUBliC St... r TUII eomrn. Exp. 04-25-2001 e 04/06 '98 11: 55 e e e The MAKENS COMPANY May 5, 1998 Mr. Christopher Baker City Planner, City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, TX 76180 Re: Proposed Pleasant Hill Addition 3.74 acres - Precinct Line and Davis Blvd. Dear Mr. Baker: Please accept this letter as formal request to revise the zoning application dated Apri13, 1998 submitted on my behalf. I request that the proposed zoning classification be modified from C-2 and replaced with a request of C-l. Should you have any additional questions or comments related to my application, please feel free to give me a call at your convenience. Respectfully, ~ Jim Makens JM:pkg c:Im-BaIœ< s.s NAY ~j;, PlANNING & INSPECTIONS 2300 Airport Frwy., Suite 230, Bedford, Texas 76022 Metro (817) 540-3229 (817) 571-4114 Fax (817) 540-1583 . ~.¿..;. .:,,.1. ;:~'~~'-". , ~"~,~f ., ",t:-'" I :~ C/.· __.__.___.~~ ~.l ;. I 8~ OL' '<1\'t _1 __" '=1 ' --------. ' t"C ---- . ~'I' o' . 8Rt ~1 ,:,....", J -' -' " Hi . ~ct \.. I t' "." .._.._"C~t"" ..... I', t L _:'." t ~~:". \ ~_._ I ... .... "1 ~..~ , .. I .~ .' M ., c: ., ,'t: .f ~ -;z 4 ð )A. \ ;: I I I t.; u ,. rrT") ! . :U.. I H :: :1';' OL' e ---- -- ItJ ø.... -,... ~ \19 ~\S) .c::tC::t ,>(0 \.D ~ r- ., ~ ..:::t. ~ T- n I ~ l I I -.-. ôž'·- ...:..: ..' ('" Ii. .-) ._ I . :j) U·~'" _.-/", ~.....c-:s: ':..) -¡:'N i: ~-1 ~ .....1' ¡ :z:ã; ...... ...' I H ~("·s \ ~ /I;!I": I .: ,~..':~: ~':'{. <!::;:.~~f~~~~~., , .' .< . '. .:~J:",~'. .f'--':' : '.. ....;. :.~~~: . .....:..:.:... ...u u< '!:...O) "'CCIO . ~~.' .... ~ "1u u< ... CC "1, ........ cQJ ... 1"0( r- ~ " \.,¡ 0" ~ 8t>::n ~1 ~u ~u< ......CD cr;1' .....' r-.u u< . .... CD cr;CD 1-1' ~ ... ~ ~~ '" o cr;' ....."1 ~ . I'~ ,'--/. w u ... < ... N cr;~' I- "1 ~ N ..... U ~ r-.... ..... C) c :.;. " .1 :""- (\ :-:: ,- .... ~ .... ., a < .... .... :::: ~ '. e e e ORDINANCE NO. 2306 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 98-16, the following described property shall be rezoned from AG Agricultural to C 1 Commercial. BEING a 3.74-acre tract of land out of the Thomas Peck Survey, A-1210, Tarrant County Texas, and being further described by metes and bounds as follows: BEGINNING at a one-half inch iron pipe found at the northeast corner of said Peck Survey, THENCE south 01 0037 west a distance of 410.21 feet to a fence post for corner, THENCE south 89 59 37 west a distance of 328.20 feet to a brass State Highway monument in the north right-of-way of Farm to Market Road No. 3029 (Precinct line Road), THENCE north 55 51 31 west a distance of 119.72 feet along said right-of-way to an iron rod for corner, THENCE north 20 09 00 west a distance of 67.96 feet to an iron pin at the intersection of the north right-of-way of Farm to Market Road 3029 and the east right-of-way of Farm to Market Road 1938, also being in a curve to the left whose center bears north 634026 west a distance of 2924.8 feet, THENCE north easterly with said easterly right-of-way line of Farm to Market Road 1938, with a curve to the left, radius of 2924.8 feet, a distance of 304.3 feet to an iron rod for corner said point being in the north line of said Peck Survey, THENCE south 89 59 19 east along north line of said Peck Survey, a distance of 337.4 feet to the point of beginning and containing 163,084.43 square feet or 3.74 acres of land, more or less. Ord. 2306 Page 1 2. e THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. e EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THis 14th DAY OF· MAY 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission e Ord. 2306 Page 2 e e e PASSED AND APPROVED BY THE CITY COUNCIL THIS 8th DAY OF JUNE 1998. ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: ga,~ 160.-- Departme Head APPROVED AS TO FORM AND LEGALITY: - Attorney for the City Ord.2306 Mayor City of North Richland Hills, Texas Page 3 · NRH City of North Richland Hills APPLICATION FOR A 7301 NE Loop 820 ZONING DISTRICT CHANGE North Richland Hills, Texas (PINH print or!ype all responses) 817-581-5500 ART 1. APPLICANT INFORMATION Name of applicant / agent: James Makens Street address of applicant/agent 2300 Airport Freeway, Suite 230 City / State / Zip Code of applicant / agent Telephone number of applicant / agent Bedford, Texas 76022 (817) 571-4114 PART 2. PROPERTY INFORMATION Street address at location where zoning district change is being requested: 8700 Block of Davis Boulevard Legal Description of Property where zoning district change is being requested: Being described as a 3.74 acre tract out of the Thomas Peck survey, Atst:ræt 1210, Tarrant Canty, þc Current zoning classification: Proposed zoning classification: Proposed use of the property: AG C2 Retail, Convenience Store with gas sales Reason for zoning district change: To facilitate commercial service uses which will be in demand upon the completion of Precinct Line Road. Surveyor map attached as required by application: Affidavit attached from property owner If applicant is not owner: rYes - - -X Will provide ! No Yes No - - - - .ART 3. PROPERTY OWNER IN FORMA TION ame of property owner: Orvall Hall Excavating Company Street address of property owner: 201 N.E. 29th STreet City / State / Zip Code of property owner: Telephone number of property owner: Fort Worth. Texas 76106 (817) 624-7207 Note: Attach letter or affidavit from property owner if different from applicant / agent I hereby certify that I am. or represent. the legal owner of the property described above and do hereby submit this request for approval of a Date: April 3, 1998 zoning district change to the Planning and Zoning Commission for consideration. ¿--: -? ~ Print Name: James Makens " Signature: -~~~ - ~ PART 4. FOR OFFICE USE ONLY Date of Planning & Zoning Commission Public Hearing: Taxes Paid' Case Number: ÅP1Z-1 L- ---- 'Z.'3, I,~E> Yes No -Pi ,e,.¡(, ---- - Date of City Council Public Hearing: Fee: ~ . 1'1A.' J L J C) OJ 'ß Yes No -.-" ----- Zoning District Change Approved: $300.00 ~n_ ;~1 - Yes , No Yes No -~- - .-' - --' ditions of Approval: This application will not be scheduled for public hearing until application fee is received. Zoning District Change CD - 407 (2/97) CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Council Meeting Date: 6/8/98 Subjecpublic Hearing to Consider the Request of Mark Harwell Agenda Number: P7 QA-?1 For a Zoning Change from R2-Residential to R1S- Special Residential on Tract 12A3, T.K. Martin Survey, A-1055. (Located at 8620 Martin Drive) Ordinance No. 2307 Mr. Harwell is the owner of this approximately 2 acre tract of land located at 8620 Martin Drive. The property is currently zoned R2, Single Family Residential. However, Mr. Harwell would like to keep horses on his property and is requesting the R1S-Special Single Family Residential zoning because it allows the keeping of horses. The current R2 zoning classification does not allow horses to be kept. The adjacent properties to the south and east are zoned 11-Light Industrial. The properties to the west and north are zoned R2-Single Family Residential. All property owners within 200 feet of this request have been notified. To date, staff has not received any adverse comments. This rezoning request is in conformance with the currently adopted Comprehensive Land Use Plan for the City of NRH. The Planning and Zoning Commission considered this request at the May 14, 1998 meeting and recommended approval as presented. RECOMMENDATION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available g§'ing Budget fj-ð~ ~ ~e~ent Head Signature -- CITY COUNCIL ACTION EM Finance Director Page 1 of e 8. PZ 98-21 PUBLIC HEARING TO CONSIDER THE REQUEST OF MARK HARWELL FOR A ZONING CHANGE FROM R-2 RESIDENTIAL TO R-1-S RESIDENTIAL ON TRACT 12A3, OF THE T.K MARTIN SURVEY, A-1055. (LOCATED AT 8620 MARTIN DRIVE) APPROVED Mr. LeBaron explained that this is a 2 acre tract of land on Martin Drive that is currently zoned R-2 Residential. The owner would like to have a horse so is requesting a zoning change to the R-1-S to allow horses along with his house. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Mark Harwell, applicant, presented his request. He explained that they would take care of their horse better than most people care for their dogs or cats. There are horses in this area already. Seeing no additional proponents or any opponents, Chairman Barfield closed the public hearing. e Mr. Wood, seconded by Mr. Bowen, moved to approve PZ 98-21 as presented. The motion carried with a vote of 7 - O. Messrs. Miller, Wood, Bowen, Barfield, Ferguson, Nehring & Davis were in favor of this request. e Page 6 - 5/14/98 P & Z Minutes e e e 8 ,... L~ .9 v \ !O '¡'." \. 53 , 5·; ~ .-.........;___ _,·\01 52 . 5:..i ~N ~ . , ~:::- -;;'Êf 56-è<> ~ i ·~·----i'··--'O ~ ~ ~ 50 I 57 ~ ~ : _.___ ' \,,' ., I ~ ··1-·---- ~ -- , ~~49 L 5Ö~ ¡ 48 ",{~-~ ¡ TR.88 23 .:..Œ2IJ ...__... DI"· \ 5 i)' TI!rA9A 1 TR 12A3 2.04 AC A5S TR 12A10 7.55 AC TR 12A 2.69 AC ITR 1a 9,7 _, ... CD 01 « N ... TR 12A10A 5.61 AC ex: ... TR 12A1 ñ &"1'" ~-C- _e REGISTERED PROFESSIONAL LAND SURvTEYOR ~VING TEXAS SINCE 1960 ORTH, TEXAS 76116 817-731-0587 FAX 817-732-2014 8620 MARTIN DRIVE ~',_. BO. (el ," lRF 15.45' i 2 ~e ~ .., --< ,., 3.8 ::J 6 D FRAME ~ ~ BLDC. t-o '"i CI ~ ~ <::) <.., <::) ....: CII U) ~ ... t-o ~ '--< to) JiE BLDC. ~ Q D FLOOR ~ Q Z <::) <::) I\t ~ Co) Co) (0 ~ ~ Q to) I\) 'l. Pi! ~~ , e ~. O· ~. 5/ 1,'2" lRF S 89'41'5 " 298.88' (C.' e e e ORDINANCE NO. 2307 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22,1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 98-21, the following described property shall be rezoned from R-2 Residential to R-1-S Special Residential. BEING all that certain lot, tract, or parcel of land lying and being situated in Tarrant County, Texas and being a part of the T. K Martin Survey, Abstract 1055 and also being a part of that certain tract of land conveyed to L.E. Sattawhite by deed recorded in Volume 4134, Page 60, Deed Records, Tarrant County Texas, and being more fully described by metes and bounds as follows: BEGINNING at a Y2 " iron pipe found at the southeast corner of that certain six-foot strip conveyed to Walter J. Silay and wife, Lena S. Silay, by deed recorded in Volume 7508, Page 1841, Deed Records, Tarrant County, Texas; THENCE along the common line of said six-foot strip of this tract, North 02 degrees 23 minutes 39 seconds West, passing a Y2 inch iron rod found at 267.82 feet continuing in all a total distance of 283.27 feet to a point in the occupied south line of Martin Road; THENCE along said South line North 89 degrees 44 minutes 59 seconds East, 309.47 feet to a bolt found; THENCE South 00 degrees 15 minutes 01 seconds East 282.8 feet to a 5/8" iron rod found; THENCE South 89 degrees 41 minutes 50 seconds West 298.88 feet to the point of beginning and containing 1.976 acres of land more or less. Ord. 2307 Page 1 e e e 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 14th DAY OF MAY 1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission Ord. 2307 Page 2 e e e PASSED AND APPROVED BY THE CITY COUNCIL THIS 8th DAY OF JUNE 1998. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: ~fJ.'~~ [Sr. ..r-- Departm Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ord. 2307 Page 3 NRH APPLICATION FOR A ZONING DISTRICT CHANGE City of North Richland Hills 7301 NE Loop 820 North Richland Hills. Texas 817-581-5500 (PIuse print or type all responses) PART 1. APPLICANT INFORMATION Name of applicant I agent: t-K~ Streetaddressofappncantlagent: 632 ~ /) Street address at location where zoning district change is being requested: b20 ~/N Legal Description of Property where zoning district change is being requested: At ~ Current zoning classification: K-2 Proposed zoning classification: K -1-5 / - 2 1Þ;~$£5 Proposed use of the property: Reason for zoning district change: k tf:..P T >£5 EX/5T/Nb 4vl.~ . O/V Surveyor map attached as required by application: ~ Yes No PART 3. PROPERTY OWNER INFORMATION ame of property owner: Affidavit attached from property owner if applicant is not owner: Yes No Date: __~2I9f I hereby certify that I am, or represent, the legal owner of the property described above and do hereby submit this request for approval of a zoning district change to the Planning and Zoning Commission for consideration. Print Name: IlJ¡v¿K T. ;J/l1Z Irv' ELL PART 4. FOR OFFICE USE ONLY Signature' dl1d/f, ~~ Date of Planning & Zoning Commission Public Hearing: MA 1'4 B Taxes Paid? Yes Case Number: No ?'Z. ~B· L. Fee: Yes No Zoning District Change Approved: :----1 Yes No $300.00 : Yes No nditions of Approval: This application will not be scheduled for public hearing until application fee is received. Zoning District Change CD - 407 (2197) CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Council Meeting Date: 6/8/98 Subjecpublic Hearing to Consider Amending the ~ite PI::!n ReO"I::!tiong Agenda Number: P7 QR-?? And to Establish a Plan Review Fee. Ordinance No. 2308 There are some situations in the Zoning Regulations which require "Site Plan Approval". In some instances, a site plan is a requirement of a Special Use Permit or a Planned Development, but in other instances, a site plan approval is a separate process. The current site plan regulations are inadequate because they do not provide for any procedural guidelines and there is no fee associated with the review to recover staff review times. An excellent example is the recently approved amendment to the masonry requirements which requires all non-residential buildings be at least 75% masonry construction. An applicant may seek relief from the masonry requirements by submitting a site plan for review and approval by both the P&Z and the City Council. Additionally, the R-7 Multi-family regulations also requires a site plan approval for a proposed multi-family project that involves a zoning change or for a proposed project which locates on existing land zoned R-7 Multi-family. The current "Site Plan" requirements are quite limited and open to interpretation. The proposed ordinance more clearly defines what is required to be shown in conjunction with the ite plan, i.e., curb cuts, landscaping, exterior lighting, etc. The ordinance further outlines review procedures and criteria, as well as explaining waiver requests, the approval process, and establishes an 18 month time limit for site plan approvals. The proposed ordinance incorporates a review fee of $225. Staff believes that because of the amount of staff time required to perform an adequate review, a site plan review fee is necessary. Staff has researched fees that other towns and cities charge developers for site plan reviews. These fees range from a base fee of $300 to a structured fee schedule based on acreage of the proposed project. This fee will be assessed on those projects that require a site plan review only. The fee will not be charged to projects where a site plan is required as part of a zoning change, i.e., a PD or SUP, which already have application fees. Staff feels this ordinance more effectively communicates to potential applicants what is required and expected of site plan submittals. This will allow shorter review times and create a greater understanding among applicants, staff, P&Z and City Council. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Othe;g Acct. Number Sufficient Funds Available '- .~ Finance Director partment Head Signature CITY COUNCIL ACTION ~ Page 1 of CITY OF NORTH RICHLAND HILLS e The Pla.,nning and Zoning Commission considered this proposed ordinance at their May 14, 1998 meetihg and recommended approval, but subject to changing paragraph J to allow for an 18-month expiration. . RECOMMENDATION: It is recommended that the City Council hold the required public hearing and consider the recommendation of t~e Planning and Zoning Commission. e . .. e CITY COUNCIL ACTION ITEM P?\'""~ ("'\f e 9. PZ 98-22 PUBLIC HEARING TO CONSIDER AMENDING THE SITE PLAN REGULATIONS AND TO ESTABLISH A PLAN REVIEW FEE. APPROVED Mr. LeBaron explained that the current zoning regulations have five situations that require a site plan, which is to be reviewed by this Commission with a recommendation forwarded to the City Council. These five situations are a Planned Development, a Special Use Permit, multi-family developments require site plan approval, any deviation from the required masonry requirements now requires site plan approval. These current regulations only explain required submittal information, no procedural instructions are offered and these amendments are related to that. One proposed amendment is an expiration period, one year after submittal, if nothing is ever done with it or would require another hearing before a building permit is issued. An additional amendment that is proposed is a fee schedule to coincide with site plan reviews. A survey was conducted with surrounding areas and staff has determined that a flat fee of $225 be charged. This will be charged only when e there is no other zoning fee involved. Additional amendments were discussed and Chairman Barfield opened the public hearing. ' - .- Seeing no proponents or opponents, the public hearing was closed. Mr. Davis stated that he liked the expiration date proposed but would prefer to see 18 months instead of a year. Mr. Davis, seconded by Mr. Bowen, moved to approve PZ 98-22 amending Section 1, Paragraph J to allow for an 18-month expiration. The motion carried with a vote of 7 - O. Messrs. Miller, Wood, Bowen, Barfield, Ferguson, Nehring & Davis were in favor of this request. - Page 7 - 5/14/98 P & Z Minutes e ORDINANCE NO. 2308 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, AS AMENDED, TO AMEND SITE PLAN APPROVAL REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has determined the need to amend the site plan approval regulations in the Zoning Ordinance; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Article 5, Section 510 SITE PLAN REGULATIONS, be hereby amended to read as follows: e Section 510. Site Plan Approval Requirements A. Purpose The purpose of site plan approval is to ensure efficient and ~~fe land development; to provide for compatible uses of land; to ensure complianœ with applicable design standards; and to ensure compliance with applicCl.bJec9d~~ ordinances and policies of the City of North Richland Hilts.' .. .. n ..... . ,- - ., B. Site Plan Approval Required Where a site plan is required by these regulations, no building permit shall be issued for any development unless a site plan has been reviewed by the Planning and Zoning Commission and approved by the City Council in the manner prescribed herein. C. Site Plan Details Application for site plan approval shall be made on forms provided by the Planning and Zoning Coordinator. Said application shall be submitted with drawings showing the location of the site and all existing and proposed buildings with sufficient information to evaluate impacts on adjacent properties. Site plan drawings shall be prepared at a scale of 1 II = 50'. The Planning and Zoning Coordinator may accept an alternate scale provided the scale is adequate to document all physical features. Sheet sizes shall be appropriate for the development being proposed and for inclusion in an agenda packet. The Planning and Zoning Coordinator shall not accept any drawings considered insufficient for public record. Site plan submittals shall at a minimum include the following features: e Ord. 2308 1 e 1. Property boundaries with dimensions and building setback lines. 2. Location of proposed buildings and structures indicating sizes in square feet. 3. Data to show percentage of lot covered with buildings. 4. Elevation drawings of buildings indicating exterior surface materials, building heights, and data showing percentage of masonry exterior surfaces. 5. The location and intensity of exterior lighting facilities. 6. The location of mechanical equipment. 7. Outside storage and I or display areas. 8. Drive-up window locations. 9. Curb cut locations. 10. Parking, loading, and maneuvering areas. 11. Landscaping areas showing sizes of trees and shrubs with calculation table. 12. Location of screening walls and fences with sample elevation and type of materials. 13. Dumpster location with screening as required. 14. Pole or monument signs with elevations with dimensions, areas, and lighting intensity. e D. Supplemental requirements City staff may require additional information for specific site plans to determine compliance with city regulations or to fully assess the impact of the proposed development on adjacent properties. Such information may include, but is not limited to, proposed grading and drainage plans, existing and proposed water, sewer, and storm water facilities, flood plain data, traffic analysis, road capacities, market information, economic data for similar developments, and hours of operation. - - . . -" E. Review Procedures The Planning and Zoning Coordinator shaH coordinatø the review of all site plans with other city departments. All site plan documents should be submitted a minimum of 30 days prior to the date of the Planning and Zoning Commission meeting at which approval is being sought. Staff shall review the site plan submittal for compliance with applicable codes and ordinances and provide the applicant with written comments identifying items requiring a response. When the applicant has revised and resubmitted the site plan according to staff comments and furnished written responses to each comment at least 10 days prior to the Planning and Zoning Commission meeting at which approval is being sought, the site plan will be placed on the agenda for the next available meeting of the Planning and Zoning Commission. e F. Waiver The Planning and Zoning Commission may, at the request of the applicant, recommend a waiver of any submittal requirement or staff comment in making its recommendation to the City Council. However, a waiver recommendation by the Planning and Zoning Commission shall not preclude the City Council from denying the waiver request. G. Recommendation of the Planning and Zoning Commission No public hearing or property notification of a site plan review is required unless property notification Ord. 2308 2 e or public hearing is required by a provision of a planned development, special use permit, rezoning request, or by the Texas Local Government Code. Based upon its findings, the Commission may recommend approval, conditional approval, request modifications, or deny approval of the site plan based on evaluation of the site plan review criteria contained in these regulations. When the applicant has modified and resubmitted the site plan in accordance with the recommendation and modifications required of the Planning and Zoning Commission at least 20 days prior to the meeting of the City Council at which approval is being sought, the site plan will be placed on the agenda of the next available meeting of the City Council for consideration. H. Review Criteria for Site Plan Approvals The following criteria shall be used as a guide for evaluating a site plan of a proposed development for compliance with applicable codes, ordinances, and policies of the City of North Richland Hills. 1. The site plan's consistency with the North Richland Hills Comprehensive Plan, Master Thoroughfare Plan, and other planning documents used as a guide for future development of the City which have been approved by the City Council. 2. The site plan's compliance with the provisions of the Zoning Ordinance. 3. The relationship and impact of the development with respect to adjacent uses. e I. Conflicts with Codes or Ordinances Approval of a site plan does not authorize any work in conflict with any codes, ordinances, or policies of the City of North Richland Hills. Any alteration to the site plan resulting from another rule or regulation, or engineering requirement, shall require amendment of the site plan using the procedure provided herein. J. Time Limit on Site Plan Approval Unless (1) a bundirlg-petJMf,~~ béeh~-'; approved by the Building Official within eighteen (18) months from the date of final approval of the site plan by the City Council, and (2) a Certificate of Occupancy has been issued within one year of the date of the issuance of the building permit, the site plan approval shall expire, and a re-review and re- approval of the site plan shall be required. Said re-reviewand re-approval shall be subject to the rules and regulations applicable at the time of re-approval. K. Amendment An approved site plan may be amended in the same manner as the original site plan approval, but subject to the rules and regulations applicable at the time of amendment. 2. APPLlCA TION FEE. That the application fee for a site plan review when said site plan is not simultaneously submitted with a rezoning request, planned development or special use permit application shall be Two Hundred and Twenty Five Dollars ($225.00). e Ord.2308 3 .. . e e e 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 14th DAY OF MA Y1998. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission Ord. 2308 4 , . . PASSED AND APPROVED BY THE CITY COUNCIL THIS 8th DAY OF JUNE . 1998. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: TI~t~ Departmen ead APPROVED AS TO FORM AND LEGALITY: e Attorney for the City e Ord.2308 5 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Council Meeting Date: 6/8/98 Subje~equest of Gqrvon. Inc. for a Final Plat of Lot 1, Block 1, Garvon Addition (Located at 8100 Bedford-Euless Rd.) Agenda Number: p~ QR-11 Garvon, Inc. is redeveloping the old J.C. Penney Warehouse property at 8100 Bedford-Euless Road into a Charter Furniture retail store. The property contains 1.4 acres and has never been platted. The renovation of the building exceeded 50% of the total value of the structure and the Subdivision Regulations require platting at this time. The zoning at this location is C-2 Commercial which allows the retail furniture store by right without any special use permits. The Zoning Board of Adjustment previously approved a parking variance request. The property was previously developed as a warehouse which had a lower parking requirement than the newer retail store use. The issues associated with this final plat are as follows: 1. Sidewalks: The P&Z recommended a waiver of the sidewalk requirements because there are no sidewalks on the south side of Bedford-Euless Road. 2. Street Improvements: The property previously had a curb-cut which extended across the entire frontage of the property to allow trucks to back up to the loading dock. Current NRH driveway design criteria do not allow for driveway cuts to extend across the entire length of a lot. As a part of the building conversion to a retail store, the curb-cut was required to be re-constructed to meet current criteria. The applicant has re-constructed the curb and gutter along Bedford-Euless Road and installed a properly designed curb-cut. The developer has agreed to all other engineering comments. This plat is in conformance with the Comprehensive Land Use Plan for the City of NRH. The Planning and Zoning Commission reviewed this Final Plat at its May 14, 1998 meeting, At that time the Commission approved the plat as presented and recommended a waiver of the sidewalk along the south side of Bedford-Euless Road. RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available t Head S~nature· :!:tz'ð ~ager C1TY COUNCIL ACTION 'EM Page 1 of FIMnaì DIrecIcW e 4. PS 98-11 REQUEST OF TOM MIHALOUPOULOS FOR A FINAL PLAT OF LOT 1, BLOCK 1, GARVON ADDITION. (LOCATED AT 8100 BEDFORD-EULESS ROAD) APPROVED Mr. LeBaron explained that this is a 1.4-acre tract of land that is zoned C-2 and was once the old J.C. Penney's warehouse. It is being converted into a furniture retail store. All city requirements have been complied with. Mr. Nehring made the motion to approve PS 98-11. Mr. Ferguson seconded this motion and the vote was 7 - O. Messrs. Miller, Wood, Bowen, Barfield, Ferguson, Nehring & Davis were in favor of this request. e e Page 2 - 5/14/98 P & Z Minutes CITY OF N$RTH RICHLAND HILLS e Public Works April 24, 1998 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, Staff Engineer SUBJECT: PS98-11; GARVON ADDITION; Block 1, Lot 1; Final Plat We have reviewed the subject documents submitted to this office on April 21, 1998. The following items are for your consideration. 1. UTILITY LAYOUT The existing water meter is not clearly shown in the ROW or in an easement. As previously requested, provide dimensions locating the water meter in reference to the property line. If the water meter is in the new ROW, no easement will need to be dedicated. If the existing water meter is not in ROW, a water line easement shall be included on the plat. The location of the water line easement for the detector check vault does not correspond with the dimensions provided on the utility plan. This must be corrected with the next submittal. e 2. STREET IMPROVEMENTS This plat fronts on Bedford-Euless Road. The developer will need to construct the curb and gutter along the frontage of the proposed lot. The new curb and gutter must match existing grades. 3. SIGNATURES The appropriate signatures need to be added to the Owners Acknowledgment and Dedication on the Final Plat. In addition, the surveyors seal and signature needs to be added to the mylar of the Final Plat. 4. SIDEWALKS P & Z waived sidewalks with the Preliminary Plat. 5. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The streetlights shown are on the north side of Bedford-Euless Road. These lights do not provide adequate light for the south side. A streetlight will need to be installed on the existing power pole as shoYt11 on the marked up set of plans. The installation of this light needs to be shov.Jl1 on the site plan and coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. e P.O. Box 820609 * North Richland Hills. Texas *76182-0609 7301 Northeast Loop 820 * 817-581-5521 * FAX 817-656-7538 e e e Public Works feels the revisions to the plat and the information in item #1 should be provided prior to the plat being placed on the P & Z Agenda. The revised plat should be submitted no later than Friday, May 1. The developer should provide a response to this memo according to Planning and Inspections normal procedure. The marked up plans are attached and should be returned to the developer. ;' JWS/csb/pwm98095 cc: Greg Dickens, Public Works Director Kevin Miller, Assistant Public Works Director Ed Dryden, Building Official I . IIIIIIEIM CIITIKf'I,.IC. 10840 Switzer Suite 101 Dallas, Tx. 75238 e Phone 340-5303 Fax 343-0638 April 27, 1998 To: Mr. Christopher Baker, City Planner City of North Richland Hills Planning and Inspection Services 7301 Northeast Loop 820 North Richland Hills, Tx. 76182 Re: 8100 Bedford Euless Road PS98-11 ~ Garvon Addition Block 1, Lot 1 ~ Final Plat Dear Mr. Baker e I have reviewed your letter and comments of April 24, 1998, and we will satisfy all your coments as requested. ~ÞI[ ~MThaJ~ President e e - - City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 817·581·5515 Application for Subdivision Plat Approval NI~H (Pleas. pml al "$~S'S) Application Type: Preliminary Plat . ",'Final Plat Replat Short Form Amended Plat Property Owner Information: Name of Property Owner: C; A¡(U QrJ, J-tU c. / Phone Nok¡cf) bQ/-07/1 / Address of Property Owner: S6 <f , H/ L- -re-"'I'-/ ST£ qtJ :.) City: jJ A-- ~.¥) State: 'é.x-. Zip: 752-OC Proposed Subdivision Name: No. of Acres in Plat: No. of Lots in Plat: Authorized Agent Information: "Note: An affidavit signed by the property owner is required when the agent is not the property owner" Name of Authorized Agent: .7ïYI.A ~ ¡..¡..-4 ¿ 0 P C'('/ i-& (" Phone No. (2./if ) ..3 st 0 -5.J 0 J / / Address: Ibt¿'y'b S·':"../I (~ ii./ol City: j) A-Vt--A-J State:~.._~ ziP7!3Z3Y --- Surveyor / Engineer Information: Name of Firm: J)() U c;- Co µ A./ A ~ A-55 û _<. ;¡;,J < . ¡ Phone NO~ i~J 3>£1- 22./G,. / 1 7 ( Address: t:qz z-G C;~L .-I4¡4,v --Lr~Z---- _n__________ City: ¡JA¿~ State: ~ Zip: 75"2 'f 3 Contact Person: Plat Fee Calculation: All Preliminary Plats a. Application Fee: b. $1.50 perresidentiallot or $5.00 per ccmmercial acre: Total Fee: ~- All Replats, Short Form Plats, and Final Plats a. Application Fee: $120.00 -~-- b. $ 1.50 perresidentiallot or 55.00 per commercial acre: ·1. .5 0 c. 565.00 lor each street intersection: (none) $58.00 . $58.00 All Amended Plats a. Application Fee: b. County plat filing fee: Total Fee: $120.00 -- --- ._~ d. County plat filing lee: $58.0~ ~ y~--~ . Additional filing fees may be applicable for oversize or extra documents. Total Fee: Time Waiver Request: (optional) The applicant is aware that action on this plat may not take place for more than thirty (30) days and waives all time requirements for approval of the plat. Signature: I certify that I am. or represent. the owner of the property described above and hereby submit this subdivision plat to the City of North Richland Hills for consideration. Date: .:5 - I 6 - Cl ~ Your name (Printed Name): / ÔM ,¿II JrM-o /" v Jr'Þ f Signature: ~ Subdivision Plat Application ~~ CD-418(1-98) t " CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6/8/98 Subject: Election of M;:¡yor Pro Tern Agenda Number: GN 98-59 The Charter states that the Mayor Pro Tem shall be selected from the seven Council Members at the first regular meeting following the City's general election. Since this is the first regular meeting following the run-off election on May 28, the City Council must elect a Mayor Pro Tem at this Council meeting. Recommendation: It is recommended that the City Council elect a Mayor Pro Tem. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other _ ~tYd~ ~. V~ Depártment Head Signature CITY COUNCIL ACTIO Fin...ce Director Page 1 of .~ CITY OF NORTH RICHLAND HILLS _ Department: Fire Department Subject: Interlocal Agreement for Participation in NFACT _ Resolution No. 98-25 Council Meeting Date: 06/08/98 Agenda Number: GN 98-60 The purpose of this report is to request the Mayor and Council's approval to enter into an Interlocal Agreement with the Cities of Bedford, Co lIeyv iIIe , Euless, Grapevine, Keller, and Richland Hills as a member city of the Northeast Fire Agencies Combined Testing cooperative known as NFACT. The purpose of NFACT is to conduct cooperative recruiting, investigation, and testing of fire recruit candidates. The North Richland Hills Fire Department has historically taken on the task of recruiting and testing fire recruit candidates on its own. This testing is time consuming and costly due to overtime expenditures required to ensure that sufficient staff is available to proctor the written examination and oversee the administration of the physical agility testing. Often, we were in competition with other jurisdictions that were conducting recruiting and testing processes at the same time. A cooperative effort between the NFACT member cities will negate these overlapping testing efforts. Area Police Departments have formed a cooperative recruit testing group called PACT that the North Richland Hills Police Department has participated in successfully. e A joint effort through the member cities in NFACT will have the following positive impact on our recruiting and testing effort: · It will reduce the overall cost of the testing process to North Richland Hills; · It will attract a much larger applicant pool; - - - - . · It will enhance the opportunity to evaluate candidates of gender or ethnícdiversity;~ .. · It will allow each city to enhance recruiting efforts as a part of the larger NFACT organization. RECOMMENDATION: It is recommended City Council approve the City of North Richland Hills participation in NFACT through the approval of the attached Interlocal Agreement and pass Resolution No. 98-25. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director - (k~~2/)~ Department He Signatu ~ City Manager sig~re Page 1 of 1 e RESOLUTION NO. 98-25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the attached Fire Personnel Interlocal Agreement for Central Recruiting between this City and the cities of Bedford, Euless, Colleyville, Grapevine, Keller and Richland Hills, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this 8th day of June, 1998. APPROVED: Charles Scoma, Mayor e ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED AS TO CONTENT: ~Quja~1 Andy Jones, Fire ief e The State of Texas: e CENTRAL RECRUITING FOR FIRE PERSONNEL INTERLOCAL AGREEMENT County of Tarrant: This agreement is entered into by and between the Cities ofBedfor~ Colleyville, Euless, Grapevine, Keller, Nonh Richland Hills, Richland Hills, all ofTmant County, Texas (hereinafter referred to as "Cities") pW'Suant to the authority granted by the Interlocal Cooperation Act, Chapter 791 Texas/Government Code. WHEREAS, there is a need for cooperation in the recruitment of fIre personnel; and WHEREAS, Cities have detennined that the most economical and effective method for attracting and hiring qualifIed personnel for fIre depamnent positions is through an agreement establishing a joint effort; and, . WHEREAS, Cities desire to enter into this Agreement to provide for the recruitment, investigation and testing of applicants ~or fIre department positions; an~ WHEREAS, each party if authorized to perfonn the sçrvices contemplated herein; NOW, THEREFORE, WITNESSETH: e In consideration of the mutual covenants and the tenn and conditions hereinafter set forth, Cities agree as follows: 1. Cities agree to develop, implement. and maintain a central recruiting program for fIre personnel, which may include a background investigation. testing and the creation of one or more eligibility lists. e 2. A committee composed of the Fire Chief in conjunction with Human ResoW'Ces of each City, or their designated agent, shall oversee the joint recruiting process. The Committee shall establish minimwn requirements for applicants for fIre depamnent positions, and shall agree on which City shall asswne responsibility for various tasks, resources, and services such as record keeping, printing, testing facility, etc. Each City shall equally fund outside expenses, which are unanimously agreed on associated with the central recruiting process, such as brochure development and advertisement. All of such payments shall be made from current revenues available to the paying City. A recruiting brochure will be developed by the Committee. Any requirement that an individual City might have that is over and above the minimum requirements for applicants shall be specifIed by attachment to the recruiting brochure. Each City shall use a common fonn for applicants and all such applications shall be forwarded to the Committee. The Committee may unanimously promulgate such rules and regulations. including but not limited to the type of testing, both physical, and psychological, as may be desirable for the operation of the central recruiting process. Testing shall be done in a manner, which complies with the legal requirements of Fire and Police Civic Service Law and other statutes applicable to any City covered by this Agreement. e 3. While any employee of the Cities is working on tasks associated with or for the central recruiting process, such employee shall continue to be an employee of the City for which the employee works on duties that do not include the central recruiting process and shall be considered to be under the command of the Committee. 4. In performing duties under the Agreement, each party will comply with all necessarY Federal. State and local laws. regulations and ordinances. 5. The party regularly employing the employee assigned central recruiting tasks shall pay all wages and disability payments, pension payments and payments for damages to equipment and clothing of that employee while he or she is involved in activities pursuant to this Agreement the same as though the services had been rendered within the jurisdiction wherein the employee is regularly employed. 6. A City that is a party to this Agreement may withdraw from this Agreement only after providing not less than thirty (30) days written notice of withdrawal to the other participating Cities. The Agreement may be amended or terminated at any time by mutual agreement of the Cities. Withdrawal by any City shall not invalidate the Agreement as far as the remaining Cities are concerned. e 7. In the event that any person performing services pursuant to this Agreement shall be cited as a party to a State or Federal civil lawsuit arising out of the performance of those services. that person shall be entitled to the same benefits that he or she would be entitled to receive if such civil action had arisen out of the performance of his or her duties as a member of the department where he or she is regularly employed and in the jurisdiction of the party by which that person is regularly employed. 8. Each City does hereby waive all claims against and agree to release every other City. its fire department, officials. agents, officers. and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attorney' s fees, which may arise due to any death or injury to any person, or the loss of. damage to. or loss of usage of any property. arising out of or occurring as a consequence of the performance of this Agreement whether such injuries, death, or damages are caused by the sole negligence or the joint negligence of any City, its officials, agents, officers, and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's own negligence. whether that negligence is a sole or a concurring cause of the injury, death or damage. 9. It is expressly understood and agreed that, in the execution of the Agreement, no City waives, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. e 10. Each City agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County, Texas and construction of its terms or provisions. as well as the rights and duties of the Cities hereunder. shall be governed by the laws of the State of Texas. 11. This Agreement may be amended or modified only by the mutual written agreement of the Cities. e 12. This Agreement contains all commitments and agreements of the Cities. and oral commitments not contained herein shall have no force or effect to alter any tenn or condition of this Agreement. 13. Should all the named cities in this Agreement not duly authorize and execute this Agreement by June 10. 1998. then this Agreement shall only be in effect as to those cities who have duly authorized and executed this Agreement on first reading by their Council. Thereafter, any of the remaining named cities to this Agreement who have not duly authorized and executed this Agreement by June 10, 1998 shall not be allowed to participate in this Agreement without the express written consent of all cities who have duly authorized and executed this Agreement. IN WI1NESS WHEREOF, the parties hereto have executed multiple copies of this Agreement.to be effective upon execution and dating by each City, a fully executed copy of which shall be furnished to the City Secretary of each City. The Agreement shall be effective until 12:00 P.M. June 10.2000 and thereafter such agreement shall be automatically renewed for successive two year tenns unless terminated by notice to all participating Cities given at least 30 days prior to expiration of the then current term. e e e APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED BY THE CIty OF BEDFORD, TEXAS By: Date: ....................................................~....................... e APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED BY TIlE CITY OF COLLE~LLE,TE~S By: Date: ............................................................................ APPROVED AS TO FORM AND LEGALITY: e City Attorney APPROVED BY THE CITY OF EULESS, TEXAS By: Date: ............................................................................ e APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED BY THE CITY OF GRAPEVINE, TEXAS By: Date: ............................................................................ e APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED BY THE CITY OF KELLER, TEXAS By: Date: ............................................................................ APPROVED AS TO FORM AND LEGALITY: e City Attorney APPROVED BY THE CITY OF NORTH RlCHLAND HILLS. TEXAS By: Date: ............................................................................ e e e . . APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED BY THE CITY OF RICHLAND fULLS, TEXAS By: Date: ............................................................................ CITY OF NORTH RICHLAND HILLS I \ __ Department: Planning & Inspections Council Meeting Date: 6/8/98 Subjectonsider Amending the NRH RlJilding Codp. To Require Erosion Control for Excavation and Fill Permits Ordinance No. 2309 Agenda Number: GN 98-61 In 1994, the City Council approved Ordinance Number 2011 which required a permit when a lot was proposed for excavation or filling that changed the elevation more than six inches. An "Excavation and Fill Permit" is not required when dirt work is being done as a part of an approved building permit for a new structure. This process has worked well for the past three years except when dirt work produces annoying soil erosion problems for adjacent properties. Attached is a proposed ordinance to amend the NRH Building Code to require erosion control measures as a condition to approval of an "Excavation and Fill Permit". The soil erosion measures provide options for either (1) continuous block sodding, (2) siltation screening, or (3) a silt collection pond. The ordinance will require continued maintenance of the soil erosion measures until vegetative cover is re-established. RECOMMENDA TION: It is recommended that the City Council adopt Ordinance Number 2039. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Ot Acct. Number Sufficient Funds Available .ad Signature 3~g.r CITY COUNCIL ACTION EM Page 1 of Finance Dftçtor ORDINANCE NO. 2309 e AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE NUMBER 1813, THE NORTH RICH LAND HILLS BUILDING CODE, AS AMENDED, REGARDING EROSION CONTROL FOR EXCAVATION AND FILL PERMITS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. e That, Section 21, Paragraph 17, of Ordinance Number 1813, as amended, the North Richland Hills Building Code, be amended to add the following: 4. Erosion control shall be provided by either (1) continuous block sodding, (2) siltation screening, or ,(3) when approved by the Public Works Director, a silt collection pond. The method of erosion control shall be indicated on the Grading and Excavation Permit application. Erosion control to be maintained until vegetative cover is re-established. 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. e Ord.2309 Page 1 e PASSED, AND APPROVED this 8th day of June, 1998. APPROVED: MAYOR ATTEST: CITY SECRETARY e APPROVED AS TO CONTENT: B~ 1 &-- DEPAR ENT HEAD APPROVED AS TO FORM AND LEGALITY: ATTORNEY e Ord.2309 Page 2 CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 6/8 /98 Subject: Amendment to Animal Control Ordinance No. 1848 dealing Agenda Number: GN 98-62 with enclosure of livestock: Ordinance No. 2305 This proposed amendment arose as a result of a meeting with several department heads and land owners whose horses may soon be in violation of Section 11 of Article 5 as it is now worded. The amendment addresses a potential situation created when a developer builds houses within 100 feet of agriculture zoned property where horses are kept or maintained. Under the existing Animal Control Ordinance 1848, the horse owner would automatically be in violation of the ordinance once the new houses are occupied. This amendment "grandfathers" up to five horses on at least three acres of land if there are no other offending animals. It should be noted, there are still sections of the Animal Control and Nuisance Ordinance that may be applied if the premises where the horses are kept are allowed to become offensive. Recommendation: It is recommended that Ordinance No. 2305 be passed and approved. Finance Review Acct. N bar Icient Funds Available r/f¡!f~ COUNCIL ACTION ~ FI...... DinIcIor Page 1 of e e e ORDINANCE NO. 2305 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS that: 1. Hereafter Section 11 of Article 5 of Ordinance 1848 shall read as follows: "ENCLOSURES: It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goat within one-hundred (100) feet of another residence or occupied building, or any hog within five-hundred (500) feet of another residence or occupied building; except that property containing at least three acres of land, in Agriculture Zoning, with no more than five horses and no other offending animals, shall not be in violation if the horses were being legally kept before the construction of the residence which would give rise to the violation." PASSED and APPROVED this 8th day of June, 1998. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Parks and Recreation 6/8/98 Department: Council Meeting Date: Background Checks Added to Youth Sports Group User ContractsA d N b GN 98- 63 Subject: gen a um er: The Park and Recreation Board, at City Council's request, reviewed information and survey data compiled by staff regarding criminal background checks for youth sports coaches at their April 6, 1998 meeting. The Park & Recreation Board appointed a committee of Rick Work, Lorraine Miller, Ann Perchard and staff to analyze and evaluate the available information to establish criteria and a policy for criminal background checks. The committee, chaired by Rick Work, presented the following recommendation to the Park and Recreation Board, which was unanimously approved at their June 1st meeting. The Park and Recreation Board recommends that the Contractual Agreement for Use of City Park Athletic Fields be amended to require that all youth sports coaches, board members and any other person in an official capacity of the youth sports association be subject to a statewide criminal background check conducted in accordance with the attached policy statement. After thorough discussion the Park and Recreation Board recommendations include: .:. The recommended policy statement to be used for each youth association is the .MQrth Texas State Soccer Association Policy Statement for Qualification of Volunteers/Staff with Criminal Backgrounds. (See Attachment A) Two of the city's four youth sports associations already comply with the proposed policy statement. The other two youth sports associations will only need to place their organization name, in lieu of North Texas State Soccer Association, in order to modify the document specifically to their organizations. This document addresses determination of crimes, procedures and administration of the policy statement. The Parks and Recreation Board was of the opinion that this approach would provide for consistent application of policy for all of the youth sports associations and would avoid redundant procedures for the associations currently applying this criminal background check policy. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other ~\~~~~ ~ Department Head"""Signature CITY COUNCIL ACTION FInMc:a- DnClor Page 1 of .3 CITY OF NORTH RICHLAND HILLS .:. The policy statement includes a general categorization of crimes that would: - result in automatic disqualification, _ crimes that would not necessarily result in automatic disqualification, _ and offenses that may result in disqualification at the discretion of each association's risk management committee. "Attachment B" provides examples of crimes that are not specifically listed, but would fall under the general categories included in the NTSSA policy statement. This list is not intended to be "all inclusive" nor is it intended to be "exclusive". It is provided to list examples of crimes that would result in automatic disqualification if City Council chose to be very specific regarding the determination of crimes as opposed to delegating discretion within the general policy statement guidelines to the independent youth sports associations. .:. The agencies recommended to do the background checks are the Volunteer Center of Dallas (or the Volunteer Center of Fort Worth, scheduled to open this summer), BTI Employee Screening Service or an equivalent approved agency or company that provides a "statewide" criminal background check service equivalent to those previously listed. The cost of the background checks for the aforementioned agencies range from $2 - $5 for each check. .:. All fees associated for the background checks will be the responsibility of the youth sports associations. .:. Parks and Recreation staff will investigate background check concerns from youth sports participants or volunteers using the same procedure as we currently use to respond to other concerns related to youth sports associations. When contacted with a complaint or concem by a youth sports participant or volunteer the staff policy has been to direct that individual to the Commissioner or President of the association. If the complaint or concern cannot be addressed satisfactorily at that level, then the individual with a concern is provided an opportunity to appeal to the Board of Directors and attend a youth sport association board meeting to present their concern. If the participant is not satisfied after the appeal process, staff will consult with the President, Commissioner and/or the Board of Directors to ensure that their actions are consistent with the policies and philosophies of the City Council and Park and Recreation Board. The same policy will be in place for staff involvement with background checks to provide appropriate oversight. Page ~ of 3 e e e CITY OF NORTH RICHLAND HILLS Since both of the North Richland Hills soccer associations are currently using the recommended procedure, they will not need to make any changes to their current procedures if this policy is approved by City Council as proposed by the Park & Recreation Board. Subject to the approval, and any directed modification of this recommendation by City Council, staff will work with the Attorney for the City to appropriately amend the existing Contractual Agreement for Use of City Park Athletic Facilities. RECOMMENDATION: It is unanimously recommended by the Park and Recreation Board, that City Council approve and authorize staff to amend the Contractual Agreement for Use of City Park Athletic Facilities to require youth sports associations that use city owned athletic facilities to conduct statewide criminal background checks for youth sports coaches, board members and any other person acting in an official capacity of the youth sports associations under the provisions and guidelines of the attached Policy Statement for Qualification of Volunteers/Staff With Criminal Backgrounds (Attachment A) . . ; - -'.-- .. .' -., ~ .- -- .- . .- Page 3 of 3 Attachment A e NORTH TEXAS SOCCER Policy Statement For Qualification of Volunteers/Suff With Criminal Backgrounds POLICY STATEMENT North Texas Soccer (NTSSA) and its affiliate& have a great concam about ttle safety and abuse of children. In recognition of the increa$ing incidence of crimes against children which have been perpetrated by volunt..rsletaff of organizations ta which the victims belong. NTSSA deems it necessary and advisable. 86 a matter of policy, to reserve the right to disqualify and proh;bit from coaching or from other volunteer or staff positions, persons who have ever been charged with or convICted 01 a crime of violence or a crime against persons, ¡" the judgement of NTSSA. The right to disqualify will be based largely upon a prior hlstor; of criminal conduct regardless of whether. (a) the crininal charges were subsequently dropped and tt'.e applicant was never prosecuted for the crime charged. (b) the Cf1minal charges resulted in a non-convlctíor. such as probation or defetTed adjudication. or C the criminal conviction was subsequently expunged from the appUcant's record as the result of appropriate tegal proceedings. It should be stated that not every aspect of this program has been fully developed. However. a broadly based consensus exists throughout U.S. Youth Soccer and North Texas Soccer "at implementation of the program should begin immediately, without further delay. e CETERMINA TION OF CRIMES The determination of whether a particular crime will result io disqualification from all further association with NTSSA. shall be made b¡, NTSSA in Its sole disc~etion. NTSSA recognizes that there may be instances where criminal conduct does not pose a thrèãt to the chR<:ten or adults involved in the soccer program and thus should not result in disqualification from NTSSA programs. VVithout in any way limiting those crimes which NTSSA may review, NTSSA offel'$ the following examples as guidetines: A. Crimes resulting in disqualification indude sex related offenses, ctlild related offensea. drlolg and alcohol related offenses, weapons otfensea. murder, felony theft/robbery/burglary IJffenses. frayd related affenaes and crimes against persons and property. 8. Crimes which do not result in automatic disqualification include minor traffic violation$ if limited in number, shoplifting misdemeanors ¡t limited in number, and misdemeanor mattens arising out of organized ci'vil disobedience activities. C. All other offenses not otherwise described aboV'e may result in disqualifica~ian at the discretion of NTSSA Factors to be considered by NTSSA in determining whether to impose disqualification include the nature and severity of the criminal conduct occurred. t"e tikeUhood of rehabilitation (1$ evidenced by the job and standing in the community af the person involved). and iUch other façtors as NTSSA may deem appropriate under the circum8tances. tt PROCEDURES Page 1 of 2 e in order to &Creen prospective volunteerslst3ff to identify ~d disqualify those who have committed crimes of violence or crimes against persons, NTSSA adopts the following procedures: 1. QjJgQ§ure 9' Criminal H;sto~ Each prospective volunteer/staff member shall be required to disclose, In writing. any prior convictions and prior criminal charges. e 2. Roførem œe Each prospective volunteer/staff member shall provide one or mere character references and shall authorize NTSSA to contact those references to make inquiry concerning the applicant. 3. Criminill Blckground Checks Each prospective volunteer/staff member shall give written authorization for a criminal background check by NTSSA. pursuant to the Criminal History Information Ad as adopted by the 73rd Texas legislature and as amended from time to time (the ·Criminallnformation Act"). The form of authorization shan be th.t as is prescribed by NTSSA from time to time. Q9mplian~ with Reouirements of CriminallnformatioQ. Açj ,nd Center NTSSA shall comPly with the requirements of the Criminal Information Act, including the destruction of criminal history record information obtained under the Criminal History Act promptly after determination of the suitability of the applicant for 8 position as a volunteer or staff member. NTSSA ,haJl comply with all of the requirements imposed by the Volunteer Center of DaHal County from time to time in order for the Center to perform criminal background checks pursuant to the Criminal Information Act. 4. NTSSA shall form a Risk Management Committee of not less than three (3) people to administer the task of carrying out the above procedures. -~ -- . ... . -. Each Member Assoc:atlon'shall appoint a Risk Manager liaison to :nteract, as needed. with the appointed Risk Management Committee. AppUcation forma must be submitted to NTSSA within ten (10) days of the start of the soccer season. All suppleme:1tal application forms must be submitted to NTSSA within (10) days of receipt of each appUcation. The Risk Management Committee will use information available to it to determine the qualification of all applicants. If the Committee finds it necessary to disqualify any person, that peraon and the Member Association President or designee will be notified in writing of the d~Slqualif.cation, No details of the reason for disquallflcation will be given in the notification letter. The per&Ofi dlsquaRfled by the Risk M.nagement Committee shall have the right of appeal to the NTSSA Executive Committee. e Page 2 of 2 e Attachment B SPECIFIC RECOMMENDED EXAMPLES OF CRIMES Arson Assault Aggravated Assault Aggravated Kidnapping Aggravated Promotion of Prostitution Aggravated Robbery Aggravated Sexual Assault Bigamy Capital Murder Child Abandonment - Child Endangerment Child Pornography Criminal Nonsupport Criminally Negligent Homicide Deadly Conduct Delivery of Marijuana Enticing a child Homosexual Conduct Incest Indecency with a child Indecent Exposure Injury to a child, elderly, disabled Intoxication Manslaughter Kidnapping Manslaughter (voluntary/involuntary) Murder Obscenity Prohibited Sexual Conduct Promotion of Prostitution Prostitution Public Lewdness Rape of a child Sale or purchase of a child Sexual Abuse Sexual abuse of a child Sexual Assault Solicitation of a child Possession or Promotion of Child Pornography Manufacture of or Delivery of a controlled substance or dangerous drug Any violation of a law intended to control the possession or distribution of any controlled substance or illegal drug e CITY OF NORTH RICHLAND HILLS . Department: Finance / Library Council Meeting Date: 6/8/98 Subject: Award Contract for Publishing Services to D&F Scott Publishing in the amount of $31 ,697 Agenda Number: PU 98-42 Request for Proposals were solicited for a vendor to provide publishing services for the volume of local history. A committee was appointed to evaluate the proposals and make a recommendation to Council. The results are outlined below. D&F Scott Publishing $31,697 $34,215 $39,191 $39,942 Curtis Media, Inc. Donning Publishers Taylor Publishing Co. Henington Publishing Co. $42,121 The specifications requested bidders submit bids for design, layout, setup, typesetting, and production of the book. The prices listed above are for producing 2,000 volumes with approximately 350 pages and 450 black and white photos. Based on the evaluation D&F Scott Publishing submitted the best cost proposal. A site visit was made by the committee and all were very impressed with the ability and credentials of the publishing team. D&F Scott Publishing met all the general conditions and specifications of the proposal and the company is located in North Richland Hills. Recommendation: It is recommended City Council award the contract for publishing services to D&F Scott Publishing in the amount of $31 ,697. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~~ .~ Department Head Signature Account Number 15-01-04-4800 Sufficient Funds Available ¿grvo ~ Fi""œ Directo< IIV Paoe 1 nf ? , . PUBLISHING SERVICE BID NO. 98-805 BIDDERS AMOUNT 1. D & F SCOTT PUBLISHING $31,697.00 2. CURTIS MEDIA, INC. $34,215.00 3. DONNING PUBLISHERS $39,191.00 4. TAYLOR PUBLISHING CO. $39,942.00 5. HENINGTON PUBLISHING CO. $42,121.00 Number of bids picked up - 7 The following bidders submitted a no bid: 1. Eakin Press - does not have time. . 2. The Patrice Press - feels bidding on projects would lower their quality standards. . CITY OF NORTH RICHLAND HILLS Department: Finance / Police Department Council Meeting Date: 6/08/98 Subject: Authorize Purchase of Mobile Video/Recorder Cameras Agenda Number: PU 98- 43 from Kustom Signal, Inc. in the Amount of $70,640 At the April 13, 1992 meeting, Council awarded a contract to Kustom Signal, Inc. to supply mobile video/recorder cameras to be installed in Police vehicles (PU 92-11). As the fleet increased, cameras were purchased and installed in the new vehicles. Maintenance has become very costly on the older units and many of the cameras are now inoperable because of age and constant repair. Since these cameras are an important tool for our Police Officers, Staff feels it is in the best interest of the City to replace 16 of these mobile video/recorder cameras. The cameras can be purchased from Kustom Signal, Inc. through the State of Texas cooperative purchasing program. All State competitive bidding requirements will be met by ordering the cameras through this program. The cost to replace 16 cameras will be $4,415 each for a total of $70,640. The purchase cost per camera in 1992 was $4,437. Funds are available in the Crime Control District budget for the purchase of these cameras. Recommendation: It is recommended City Council authorize the purchase of 16 mobile video/recorder cameras from Kustom Signal, Inc., through the State of Texas contract, in the amount of $70,640. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget ther Finance Director e Signature Paae 1 of 1 CITY OF NORTH RICHLAND HILLS . Department: Finance/Parks and Recreation Department Council Meeting Date: 6/8/98 Subject: Award Annual Contract for Aquatic Chemical Supplies to Advance Chemical Agenda Number: PU 98-44 Staff has requested and received bids for the supply of pool chemicals for NRH20 Family Water Park. The existing contract with Advance Chemicals is expiring and, based on the volumes of chemicals purchased, a new contract must be signed. The bid comprised two major chemicals and three minor chemicals that are used for sanitizing and balancing the 750,000 gallons of treated pool water at NRH20. The two major chemicals utilized for sanitation are Sodium Hypochlorite (NaOCI) and Muriatic Acid (HCI). The three minor chemicals utilized for balancing are Sodium Carbonate (Na2C03), Sodium Bicarbonate (NaHC03) and Calcium Chloride (CaCb). In 1997, NRH20 required 1,925 gallons of Muriatic Acid and 32,000 gallons of Sodium Hypochlorite. Our estimates for the 1998 season call for 2,255 gallons of Muriatic Acid and 37,000 gallons of Sodium Hypochlorite. NRH20 schedules delivery of chemicals every Monday, Wednesday and Friday during the summer and once every two weeks during the winter. However, higher than anticipated crowd sizes or weather challenges require that the vendor have flexible scheduling for delivery. The chemicals are delivered in 330-gallon totes for the Sodium Hypochlorite and 55-gallon barrel drums for the Muriatic Acid. The Sodium Carbonate, Sodium Bicarbonate and Calcium Chloride are delivered in 50-pound bags. We can store 1,700 gallons of Sodium Hypochlorite and 110 gallons of Muriatic Acid on park. We received complete bids from two vendors, D.C.C., Inc. and Advance Chemical. Two other vendors bid only on portions of the total package. These two vendors are Harcross Chemicals and Aqua-Rec. A bid tabulation is attached. In evaluating the bids, staff examined both price and delivery schedules. In both critical areas Advance Chemicals was the number one performer. They have been able to deliver the required pool chemicals to NRH20 for the past three years. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 21-02-01-2100 Sufficient Funds Available è~;~ti~~"aoœ~re~' ~ v City Man~ Signature P;:¡np 1 ("If 1 CITY OF NORTH RICHLAND HILLS RECOMMENDATION: It is recommended that City Council award the annual contract for aquatic chemical supplies to Advanced Chemical and authorize Staff to execute an agreement. Funding is available in the NRH20 Aquatic Enterprise Fund. CITY COUNCIL ACTION ITEM Paae 2 of 1 . . . I- U ~ I- Z o U ...J « U ~N W<r"" :I: CO UcO UQ) i=cj «Z :::)0 0_ «a:I () W 0 0 0 0 0 0 IX: CD CD 0 0 0 ~ « II) ~ 0 0 ... (\ 0 ~ ::J <0 "- ...... N CJ Z Z Efl Efl Efl ~ « ...J « ~ ::E w 0 0 :z: 0 0 0 0 0 0 () CD ..0 ~ 0 0 ci en 0 II) ...... ..t 0 ~ en N (\ '" II) 0 Z N- Efl Efl Efl Ñ IX: Efl ~ () IX: « :z: () 0 0 0 Z 0 II) 0 It) 0 0 0 ,..: N 0 ex) (\ () II) ex) <D '" ~ ...... II) CO '" '" '" ... as () II) ",- Efl Efl Efl ci '" Efl C") Efl ~ ...J « ~ ::E 0 CO W 0 ex) ~ :z: 0 ...... 0 0 0 vi () <0 0 0 0 N ex) "- <D ex) ... ~ W ...... 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(\ ï:: <I> S ëii ::J c: .c Q CT 0 E Q ...J « CD ::J .c Z I- ....: N M CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/08/98 Subject: Award of Bid for Rumfield Road, Phase II Drainaç.¡e Agenda Number: PW 98-09 Improvements and Utility Adjustments to Wright Construction Co. in the amount of $137,740.70 Bids were received for this project on May 26, 1998 and the low bidders are shown below: Bidder Wri ht Construction Co. Aledo Construction Co. Whitewater Construction Co. Amount $137,740.70 $154,945.65 $160,490.80 Bid Time (Calendar Da s 45 75 80 The City and County will be constructing Rumfield Road, Phase II from Eden Road to Spring Oak Drive. The County will provide the labor and equipment for the paving work and the City will pay for curb and gutter, sidewalks, drainage improvements, utility adjustments, and paving materials. This will be the third street during the past three years that the City and County have completed together. Below is a preliminary schedule on this project for the drainage improvements and utility adjustments. Award of Bid Preconstruction Meeting Begin Construction End Construction June 8, 1998 June 18, 1998 June 22, 1998 August 10, 1998 The 1997/98 Capital Projects Budget includes funds for paving and drainage improvements for Rumfield Road, Phase II. Currently $524,800 has been budgeted for construction of the entire project. A breakdown of the total estimated construction cost for each section of the project is shown below: Section Drainage Improvements and Utility Adjustments Paving Materials (County to provide labor.) Curb & Gutter and Sidewalks Total Estimated Construction Cost Bid Amount/Estimate $137,740.70 158,000.00 138,000.00 $433.744.70 Finance Review ~~. /./c- Finance Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other Page 1 of 2 CITY OF NORTH RICHLAND HILLS The drainage improvements and utility adjustments will be awarded with this cover sheet. Coordination with Tarrant County on the paving operations will be approved by an interlocal agreement that will be presented to Council for approval at a later date. The curb and gutter and sidewalk construction will be bid and awarded to a contractor just prior to the completion of the paving by the County. Sufficient funds are available for this project. Recommendation: Staff recommends Council award the bid to Wright Construction Co. in the amount of $137,740.70 for a period of 45 calendar days. CITY COUNCIL ACTION ITEM Page 2 of 2 -, -J ~J -1 ~ ........ -J -J -J J -J ~ -J -» J -J -J -J -.1 ~J -J .. J J c > -~. -til· r- --~- ~~~. ~. ~ :-~----- '~ çt- ..... ._-:,~.a-.._ZS ¡ \ ¡ 1 -.-:.-:..":-.-.' ." it ,o~~~~~~~::~~\': - - - IL " ~';..-:.-:.~-:.:: I\- < ,,- " ~'·r-------¡~~~ <: II II II II :: :: ._----->':,.'::.'=.~-:.-:.-:.-:.~:: :,: " I, '.' 1, " , II ~____....:___ ~" ~:; (~ ..- ..:.,: --. -----II----·~: " " " " ", ,; :'= ==.:. " " " " " , " - - ::'::'-:'-. . .' " " " " ._---- " " '. " ~:~=~=~==~zw~~:;· ,;, ':..""; ~ :;.". - ':.. :. ~ : -:..- KIRK RD, '" " ;< , r:I' ~: ~: r- ~ ~' KIRK RD. Rumfield Road - Phase II ::=:.:.==:....-.-., " :".:"-:=~~ "JØ ,: :: ~:: ....:...~~: '0.-, --.-----.---~\7--..I"'.-:....~'--..rI--:---------:-----.!'".:"---- .-.-. -- -.- ," RUMPIELD RD. _:.::.:. I - - -- - - - - .~'" ' '$ .." $,: . - - -.., , - -., I - - - -¡::-_-----:_-~---=::--~ - - -. t ,I I; ". " ,I 1,_ I' ..- :-:)!::: :>l:'~ --,,: :--. ,; ~ ~ -:.":.":, ':.~ :.":.~-:.-=--:.-:.":.-:.:. :. , ::---·---:'~~r"--':=,~____-.,::__:==,;,. :,; :1 " .... -. -. -.-..---.' , , ' " . ,.-.... . -.-.-.-.- - ... - ~ ., .' " " - ~ : : ,". ~ ',,' ,1\ - #. ~I..., : ' ,. l' - - :.~-.-. '-'~ ~# ~~~: . ~. ,¿..<J /,,0 -:, " ., .......____~_:.It:.; : " :':.:_---.:_._-.' " ;: ,-~=;;.==/:-:.. " , ~ :1: ... n I ~:' \/ II ::' -::: ,-, ~ :~":'.'':-:''~-:'';==:' /:==':'''--'':~'-:~, . II " , II II ' II _=-;=:=~~':::, ¡(OO_ I:--___-.------~ ------- , " .' = ;=='~..-.--~.\ --. ~:: " " ~:: 99 " .: =\~, ~":..--: \;- Q ~I o ~ '" '...... .. ,<,...<i-' .. 0'" :.,: #., . .:.".:r9 . , ~ . , . " " " " ... -.. /.MUNDSON DR. " .-' -. " " ,.... 4,1 Rumfield Road Street Improvements Phase II - -- N 'r - -- E W·- "'" " ~: ~' ~' ~:: ~ s Project Location '. -- , ,'-- ¡-:--j ~Jj~ I .' 'y'l: _,_r-- ~ I '. [J" ,..J........C.... u L_---:! ¡ ~ f r- r U ~t- -.-: 'l~ g 1-·--·· '---/--' _1: '" -- ---~ ~" '" 0, ~ - > J! I LOOD! 820 "T' ¡ I I '......., " ""I ~:: ~:: W ¡::; ,; ~,. :;~:: cD, ,/-'0 c.,~ ~! 0\ "" s...c-.... II. ¡ 996 . . . " . KNOWL TON-E NGLISH-FLOWERS, INC. CONSUL TING ENGINEERS I Fort Worth- Dallas May 26, 1998 Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-386, CITY OF NORTH RICH LAND HILLS RUM FIELD ROAD, PHASE II, UTILITY ADJUSTMENTS BID TABULATION AND RECOMMENDATION OF AWARD Bids were received today for the referenced project, and proposals were submitted from four (4) contractors. A detailed bid tabulation is attached. The following is a summary of the bids for each contractor by construction category, including a comparison with the Engineer's Estimate of construction cost: RUMFIELD ROAD, PHASE II, DRAINAGE AND UTILITY ADJUSTMENTS BID SUMMARY NO. BIDDERS DRAINAGE WA TER SEWER TOTAL DA YS 1 2 3 4 Wright Canst. Co. Aleda Canst. Co. Whitewater Canst. Co. Earth Builders Engineer's Estimate $55,326.50 76,049.25 59,099.20 100,691.75 66,425.00 $76,884.20 74,386.40 97,861.60 81,602.00 99,592.00 $5,530.00 4,510.00 3,530.00 4,640.00 4,520.00 $137,740.70 154,945.65 160,490.80 186,933.75 170,537.00 45 75 80 120 The Rumfield Road, Phase II, project includes construction of a 41-foot B/B, 9-inch thick, asphalt street with concrete curbs, gutters and sidewalks, and underground utilities from Eden Road to Spring Oaks Drive, which provides the link between the existing Rumfield Road section from Davis to Eden Road, (Phase III), and the existing section between Spring Oaks and Precinct Line Road, (Phase I). This project, which includes underground storm drainage, water and sanitary sewer line adjustments, is the first of three stages of construction of Rumfield Road, Phase II. The second stage includes the asphalt pavement portion of the road with the City providing materials and the County providing the labor. Stage three is a separate contract for construction of concrete curbs, gutters, sidewalks, drainage inlets, seeding and sodding, and other miscellaneous items of construction required to complete the project. The total estimated construction cost of Rumfield Road, Phase II, includes the Stage 1 utility adjustments in the amount of $137,740.70, based on the low bid by Wright Construction Company, Inc., plus the Stage 2 paving materials cost estimate of about $158,000, plus the Stage 3 estimated construction cost of about $138,000, for a total estimated construction cost of about $434,000. The current construction budget for this project is $524,800, which includes all three stages. 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 . . . May 26, 1998 3-386, CITY OF NORTH RICH LAND HILLS RUM FIELD ROAD, PHASE II, UTILITY ADJUSTMENTS BID TABULATION AND RECOMMENDATION OF AWARD The low bid by Wright Construction Company, Inc., in the amount of $137,740.70 is under the Stage 1 Engineer's Estimate of construction cost of $170,537; and based on the 45 calendar days bid, the Stage 1 utility adjustments should be complete before the County's scheduled paving work for Stage 2 begins in the latter part of August of this year. The low bidder, Wright Construction Company, Inc., has completed several other projects in the North Richland Hills area, including the Precinct Line Road Utility Adjustments, and has performed well on all of these projects. Based on the bids received, and in the absence of any negative reports concerning the low bidder, we would recommend contract award to Wright Construction Company, Inc., 601 W. Wall Street, Grapevine, Texas 76051, in the amount of $137,740.70 for a period of 45 calendar days. We will be available at the June 8, 1998, Council Meeting to assist you with answers to any questions which the City Council may have concerning this project. e~,~ RICHARD W. ALBIN, P.E., Vice President Knowlton-English-Flowers, Inc. Consulting Engineers RWAlra/Enclosures/Bids. doc 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. Mark Bradley, R.O.W. Agent Mr. Jimmy Cates, Public Works Superintendent/Streets Mr. Larry Jones, Public Works Superintendent/Utilities Page 2 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/08/98 Subject: Award of Contract for Enç¡ineerinç¡ Services to Agenda Number: Di Sciullo & Terry, Inc. for Design of the Mackey Creek Diversion Channel @ Richland Plaza - Resolution No. 98-26 Staff has negotiated an agreement with Di Sciullo & Terry, Inc. Consulting Engineers to provide engineering services for the design of the Mackey Creek Diversion Channel at Richland Plaza. The fee for the engineering services is not to exceed $123,900. The estimated construction cost for this project is $1.25 million. PW 98-10 This project is an integral part of the redevelopment of the Richland Plaza Center into the Richland Business Centre. The design and construction of this project will fulfill a large portion of the City's obligation to Ranchview Investments, Inc. and will control the 100-year storm flood plain. It is planned for a tax increment financing (TIF) district to be formed to allow a large portion of the cost for this project to be collected and paid for out of TIF taxes. The proposed agreement is attached. Listed below is a summary of the key tasks to be performed by the engineer. 1. Conduct flood plain analysis and prepare construction plans, specifications and contract documents to complete the drainage improvements. 2. Prepare documents and attend meetings to apply for a Corps of Engineers 404 Nationwide Permit. 3. Conduct hydraulic analysis, complete forms and certificates as required for a Letter of Map Revision (LOMR) application to the Federal Emergency Management Association (FEMA) to revise the flood plain. Exhibit "A" Statement of Work in the agreement describes the scope of services and gives a detailed breakdown of cost associated with each task. Sufficient funds are available from the 1998 G.O. Bond sale and 1998 C.O. sale as approved by Council on 5/11/98, GN 98-53 and GN 98-54. Recommendation: Approve Resolution No. 98-26 authorizing the agreement with Di Sciullo & Terry, Inc. in an amount not to exceed $123,900. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Page 1 of . . RESOLUTION NO. 98-26 Be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The Council approves the attached contract for engineering services with Di Sciullo & Terry, Inc. for design of the Mackey Creek Diversion Channel at Richland Plaza in an amount not to exceed $123,900 and hereby authorizes the City Manager to execute the agreement on behalf of the City of North Richland Hills. Passed and approved this the 8th day of June, 1998. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY: . Rex McEntire, Attorney for the City !] (! CONTINUED ON MAP 37 ..- / / //..-~ /" /- A C~l O~~l . ,>.DOLlßA ~WL ;WE~ SUÑÒANC~ :¿t: <.) :':'V'I; -- .:..:~I 3i North ~ Pe,tf - ~ ; ." 01 '" ~ Iz o 8 => z ~ o u '" '" ~ z o o ::; Z ~ o u , ,- ~.' £:. "1 -' -' II:! ~~ ',4, .1.'J ',~ D g SCALE IN FlET r-r------.;.."':"----,~-------~~ ] : CCC 2000 3DCO ¡¡OOK ?....E I OS I CONTINUED ON MAP 6S . .' .. r I ~ ~~G:~¡S ~:S:"¡:0 , .. , - . ~ '7 3 ~ . . ~ . , ~ ~" --- "~ r~-' ~~ /v / ,--- "- , ---0- '\ /' ;' J :2'..: ~ , I J .. \ ~f '-"- ~,-- .- "- '\ "" "" :::J N '1 '1 :1 ...'1 ;.,~ -c.- ::.:( ..S ; i ~ 1"0 ~ ~ ~ . ¡ '-- ~;:: ð ~~' i :' ~ 1 ¡f: ~~ ¡ ¡ _ & !,,",, ~~i:L; S:o~"'-':~~~I: ;;; 3 ::¡ .~ i ¡~; . :::: a..S¡::i"~:_ ~ ~ :i5~j I-I~" - ~;:2Q~!¡ '::~ o...5tZQ~:~ 3' ~ z ~: C-;; -ª-i ~ u _. ~ .J; c." a, ê2 .~.~ -.. ~. ::.~-, , X;J!¡ ~"i~ "':ii:'£J:iifé ; V1 Z o u cr o .... '" N ." "" .n ::J o '" o N .n o '" \ I;: V' \ . , ~ ;; ;,i " ..... o z aJ N ------ ;~~ '--- <D N <: ~< ;1 ~~¡ ! ¡', II N N '" '1 ." :::J '1 '" i I , I I I I ; ~_I -~ V '9 , , ~---4 ~ I I, ... ~ ~ ;; J ~ ã IT! I I I . ! ... I o JI]].~ 'UUO.l ~II ~ ,~. ~ :< ~ o "~ ::J "? ;: N 9 o c:- "" . . . 01 SCIULLO & TERRY, INC. CONSULTING ENGINEERS 401-A WEST ABRAM . BOX 506 . ARLI~IGTOè,J TeXAS 7600,1 . TE:LE?HONE 817-275-3361 May 28, 1998 Greg Dickens, P.E. Director, Public Works Department City of North Richland Hills P.O. Box 820609 North Richland Hills. Texas 76182-0609 Re: Drainage Improvements Mackey Creek Diversion Channel Dear Mr. Dickens: Di Sciullo & Terry, Inc. is pleased to present this contract to provide engineering services for design of the Flood Diversion Channel for Mackey Creek. Attached are the General Terms and Conditions and Statement of Work with schedule and budget. The anticipated completion date for the final construction plans is November 28, 1998. This schedule is based on receiving notice to proceed by June I, 1998. Construction is projected to be substantially complete May 1, 1999. Final completion of this project will be based on FEMA approval of the LOMR, which has been projected to be about August 15,1999. Per the attached Exhibit A, Statement of Work, we have included field surveying for the design phase and to verify as-built conditions, Letter of Map Revision (LOMR) for modification of the regulatory flood plain and floodway per Federal Emergency Management Agency (FEMA) requirements, preparation of Pre Construction Notification (PCN) package for a Corps of Engineers Nationwide 404 Permit for the outfall structure at Big Fossil Creek, and a geotechnical study of the area to be excavated and an analysis of slope stability. We have also included in our budget that \ve will pay FEMA up to $3,700 of review fees for the LOMR. P: NRH-DRN\Dicken-1 ,doc REGISTERED PROFESSIONAL ENGINEERS . 8EGISTERED PUBLIC SURVEYORS · · · Greg Dickens, P.E. May 28, 1998 Page 2 Thank you for this opportunity to work with the City of North Richland Hills. Please call me if you have any questions. Sincerely, 01 SCIULLO & TERRY, INC. h...?,. 'iJil' I¡ '/ ~ _ Je,ffrey N. Terry, P.E. President Attachments: 1. General Tem1s and Conditions for Engineering 2. General Terms and Conditions for Surveying The above proposal, including all attachments, has been read and understood and is hereby agreed to and accepted. It is agreed that the attached "General Terms and Conditions" (which contains a limitation of liability provision), and Addendum(s), if any, form an express part of the Contract, as evidenced by my signature below: CITY OF NORTH RICHLAND HILLS By Date Name Title (please print) P:\NRII-DRN\Dicken-l.doc . EXHIBIT A STATEMENT OF WORK DRAINAGE IMPROVEMENTS MACKEY CREEK DIVERSION CHANNEL City of North Richland Hills May 28, 1998 . . · · · STATEMENT OF WORK In response to City of North Richland Hills (City) request, this statement of work addresses the tasks necessary to complete drainage improvement design for diverting the unconfined Mackey Creek 100 year flood plain from the Richland Shopping Center buildings, between the east end of Richland Plaza Drive and Broadway, through a culvert and channel system, to Big Fossil Creek. This project has been subdivided into the following major tasks. Basic Services · Task I - Conduct flood plain analysis and prepare construction plans, specifications, and contract documents to complete the drainage improvements. Special Services · Task 2 - Prepare documents and attend meetings to apply for a Corps of Engineer 404 Nationwide Permit for the channel project. · Task 3 - Conduct hydraulic analysis (i.e., HEC-2 computer runs), forms and certificates as required for Letter of Map Revision (LOMR) application to revise the Mackey Creek flood plain at the Federal Emergency Management Agency. · Task 4 - Perform field surveying for design data, construction staking of improvements, and as-built elevations necessary for LOMR application. · Task 5 - A subconsultant will conduct a geotechnical engineering study under the guidance of Di Sciullo & Terry, Inc. The study will address the stability of the slopes required in the vegetated channel, provide data necessary for design of stable channel outfall structure at Big Fossil Creek, and provide subsurface information necessary for channel design. BASIC SERVICES Task 1 - Drainage Improvements This task includes the necessary City file review, reduction of field survey data, site observation, coordination with utility companies, and civil engineering necessary to P I.'RH·DR."'INRHSCO-I doc Page I of8 · prepare complete plans, specifications, and contract documents for the construction of the drainage improvements. A detailed hydrologic and hydraulic analysis of the drainage improvements will be conducted. The hydrologic analysis will be conducted for ultimate watershed development and consider the ultimate upstream drainage improvements. The hydraulic impacts of the improvements on existing and future drainage will be evaluated. The plans will be submitted at 20 percent complete, (conceptual plans); 75 percent complete, (preliminary plans); 95 percent complete, (final review plans); and 100 percent complete, (final plans). Conceptual Plans: These plans will be approximately 20 percent complete and present a conceptual layout of the proposed project. These plans will include the following information. · Proposed horizontal alignment of the channel and culverts with approximate curve data, drop structure, and culvert locations · Edge of existing pavement, existing structures, and approximate existing and proposed ROWs in the construction area · Approximate location of trees with diameters of 6 inches or greater, or the edge of tree line · · Preliminary hydrologic study showing ultimate discharges · Approximate dimensions of ROWand easements These pians may include hand drawings and will be presented on 24 inch by 36 inch sheets. One set of these plans will be submitted for City review and the plans will be stamped "for review only" by a Professional Engineer. Preliminary Construction Plans: These plans will be approximately 75 percent complete and present a preliminary layout of the proposed project. These plans will include the following information. · City's comments from review of Conceptual Plans · Edge of existing pavement, existing structures, existing and proposed ROWs, and proposed drainage plan and profiles · Location, size, and species of trees with diameters of 6 inches and greater within the construction area and associated easements and such trees to be removed will be identified · · Overall drainage areas, subareas, existing and proposed drainage facilities, ultimate discharge hydrologic calculations, hydraulic runs of ultimate and FEMA discharges for Mackey Creek, and preliminary drainage facility sizing calculations P'"~RH-DIL'I\'IIRHSCO-I doc Page 2 of8 · Preliminary quantity and construction cost projections . · An outline of the technical specifications and contract documents The plans and profiles will have a horizontal scale of either I inch to 20 feet or I inch to 40 feet and a vertical scale of I inch to 4 feet on 24 inch by 36 inch sheets. Two sets of these plans will be submitted for City review and the plans will be stamped "for review only" by a Professional Engineer. Final Review Plans: These plans, specifications, and contract documents will be approximately 95 percent complete and present the final design of the proposed project. These plans will be complete for final review and will incorporate the City's comments from the review of the Preliminary Construction Plans. The plans and profiles will have a horizontal scale of I inch to 20 feet and a vertical scale of I inch to 4 feet on 24 inch by 36 inch sheets. Two sets of the plans, specifications, and contract documents will be submitted for City review and the plans will be stamped for review only by a Professional Engineer. The Mackey Creek ultimate hydrology and existing and proposed hydraulic analyses will be presented in a draft flood study report for City review. . Final Plans: These plans, specifications, and contract documents will be 100 percent complete and present the final design of the proposed project after review and approval by the City. The plans and profiles will have a horizontal scale of I inch to 20 feet and a vertical scale of I inch to 4 feet on 24 inch by 36 inch sheets. Twenty-five hard copy sets of these plans, specifications, and contract documents will be submitted to the City. The plans and associated documents will be sealed by a Professional Engineer. The final flood study report (2 copies) for the Mackey Creek ultimate hydrology and existing and proposed hydraulic analyses will be provided to the City. Water and Sewer Adiustments: Plans, specifications, and contract documents will be prepared for adjustments of water and sewer appurtenances associated with the drainage improvements and will be included with drainage plans. These plans will include adjustments to the water and sewer lines at conflicts with the storm drains and channel. These plans will nill include renewal of the existing water and sewer lines. The plans for the water and sewer adjustments will be included on the drainage plan sheets if possible. Bid Process: This subtask includes prebid meetings, issuing addendum's as needed, reviewing bids, and issuing a letter with a bid tabulation list that identifies the contractor with the low bid that meets the requirements set forth in the Contract Documents and a recommendation. The City will be responsible for decisions regarding any legal aspects of the bids. The City will be responsible for publishing the notice to bidders. . Construction Phase: A pre-construction meeting will be held with the contractor and the City. Di Sciullo & Terry, Inc. will issue change orders and review the contractor's schedule and shop drawings. Site visits will be conducted about every 4 weeks for the engineer or his representative to observe the progress of the construction. A final observation of the construction will be conducted with the City and a letter will be P '""RH-DRN\NRHSCO- doc Page 3 of8 . . . submitted with recommendations concerning project status, as it may affect the City's final payment to the contractor. It is assumed that the construction will take no longer than 6 months. SPECIAL SERVICES Task 2 - COE 404 Nationwide Permit A pre construction notification (PCN) \vill be made to the Corps of Engineers (Corps), Fort Worth District, to permit this channel construction under Section 404 of the Clean Water Act with a Nationwide Permit 7 (NWP 7) for outfall structures. To facilitate the timely consideration of the PCN, Di Sciullo & Terry, Inc. will present to the Corps, photographic evidence of the existing condition of the construction site along with the PCN. The PCN will be presented to the Corps early in the design phase to minimize the possibility of project delays due to Corps review. This task does not include wetland determination, preparation of mitigation plans, nor archeological surveys. Those services can be provided, if required, for an additional fee. Minor changes in the construction plans will be made by Di Sciullo & Terry, Inc. based on the Corps' comments. Task 3 - Letter of Map Revision Di Sciullo & Terry, Inc. will prepare an application for a Letter of Map Revision (LOMR) as required by the Federal Emergency Management Agency (FEMA), Flood Insurance Administration, for amending the current Flood Insurance Rate Map for Mackey Creek below Richland Plaza Drive. We will perform the hydraulic calculations, exhibits, and surveying (see Task 4) required for submittal with the application. The required information will be submitted in a bound report with the required FEMA certification and analysis summary forms with 3 12 inch floppy diskettes containing digital copies of the input and output files of the hydrologic and hydraulic analyses. Di Sciullo & Terry, Inc. will pay FEMA a review fee of up to $3,700. If revisions or clarifications are necessary to obtain approval by FEMA, we will work with FEMA and respond appropriately. Di Sciullo & Terry, Inc. will provide copies of the report to FEMA (1 copy to Region 6); FEMA's contractor, Baker Engineering (I copy), and 2 copies to the City. Task 4 - Surveying Di Sciullo & Terry, Inc. will conduct surveying for project design and as-built information. This task will include the use of a survey party to obtain the location and elevation of all above ground objects within 50 feet either side of the centerline of construction. These objects include curbs, poles, walks, walls, buildings, trees (6"+), manholes, geotechnical borings, and any other visible object that will effect or be effected by the construction. Property comers will be located for use in establishing existing right-of-way limits. After the project is constructed, this task includes the surveying P \.\óRH-DRN\SRHSCO-ldoc Page 4 of8 . . . necessary to detennine the as-built elevations of the project for submittal with the LOMR. Construction staking will be provided by the construction contractor using benchmarks as specified on the plans. The Notice to Bidders and Contract Documents will specify that the construction contractor is to provide the surveying for construction. Task 5 - Geotechnical Study A geotechnical engineering study will be conducted by a subconsultant under the guidance of Di Sciullo & Terry, Inc. It is anticipated that about 8 borings along the channel alignment are needed for the project. The study will address slope stability and soil characterization. Di Sciullo & Terry, Inc. will use infonnation from the study for design of channel side slopes, analysis of subsurface water concerns, design for alignment and depth of channel, design of drop structures, and design of the outfall structure at Big Fossil Creek. SCHEDULE The anticipated schedule with subtask completion dates is attached. The anticipated completion date for the final construction plans is November 28, 1998. This schedule is based on the assumption that City reviews will be completed in I week and receiving notice to proceed by June I, 1998. Construction is projected to be substantially complete May I, 1999. Final complete of this project will be based on FEMA approval of the LOMR, which has been projected to be about August 15, 1999. This proposal is valid for 60 days from the date of the proposal. BUDGET AND COMPENSATION A detailed budget with hourly labor estimates by task is presented in the attached Professional Service Fee Schedule, see page 8 of 8. The schedule also contains the billing rates by labor category. The expenses and consultant (geotechnical engineering) fees will be billed on a cost plus 10 percent basis. The Anticipated Project Schedule on page 7 presents the expected date of completion and percent of the budget for each task. Di Sciullo & Terry, Inc. is authorized to perform the Basic Services and Special Services as presented in Exhibit A, Statement of Work, for an amount not to exceed $123,900. Payment to Di Sciullo & Terry, Inc. for services rendered will be made monthly based upon the a monthly progress report and an itemized statement of employees, time worked, description of tasks performed, and billing rate to be paid. Monthly statements will include authorized non-salaried expenses with supporting itemized invoices and shall P 'SRH-DR.'·SRHSCQ-I do< Page 5 of8 . . . be submitted to the City on or about the fifteenth day of each month or on another schedule acceptable to the City. Compensation for the services of Di Sciullo & Terry, Inc. shall be at the hourly billing rate shown in Exhibit A on page 8 of 8. INFORMATION CITY WILL PROVIDE The City will provide the following infonnation at no cost to Di Sciullo & Terry, Inc. · Digitized copy of City logo for use on cover sheet to be developed by Di Sciullo & Terry, Inc. · Copy of standard details the City has will be provided on 3 Y2 inch diskettes In AutoCAD 12 format · Standard cover sheet and standard paving, drainage, water, and sewer detail sheets in full size sheets or on diskette if available in AutoCAD 12 format · The City will permit Di Sciullo & Terry, Inc. to review the existing files for plans and information on existing paving, drainage, flood plain, and utilities and will provide copies of pertinent information at no cost · The City will provide digital data on diskettes of their pertinent GIS data layers of Mackey Creek watershed for use in preparing hydrologic data ADDITIONAL SERVICES We have developed the preceding Basic Services and Special Services based on our understanding of the project. The following is a list of additional services not included above for the City's current and future consideration. · Preparation of permit applications or submittals to state or federal agencies, except as specifically identified in the Basic Services, including wetland pennitlmitigation plan applications, or NPDES permit · Archeological/historical surveys or wetland delineation studies · Construction plans for retaining walls, sheetpiling, or cofferdams · Trench safety plans for construction of utilities or storm drainage · Traffic control plans P""RII-DRN\NRHSCO-I doc Page6of8 . . . ANTICIPATED PROJECT SCHEDULE May 28, 1998 ITEM Notice to Proceed Design Phase Task 1- Paving & Drainage Improvements Conceptual Plans (20 percent complete) Preliminary Plans (75 percent complete) Final Review Plans & Specs (95 percent complete) Final Plans (100 percent complete) Task 2 - Nationwide 404 Permit Submit PCN to Corps Approval by Corps Task 3- LOMR Submit LOMR to FEMA FEMA Approval Task 4 - Surveying Design/Topographic As-Built Task 5 - Geotechnical Study Construction Phase Advertisement for Bids Prebid Meeting Bid Date A ward Contract Construction Substantially Complete P'.SRII-DRS'"SRIISCO-I doc 07/27/98 09/21/98 10/28/98 11/28/98 06/21/98 07/21/98 06/01/99 08/15/99 10/01/98 06/01/99 08/20/98 12/01/98 12/15/98 12/21/98 01/11/99 05/01/99 ANTICIPATED COMPLETION DATE 06/08/98 11/28/98 (Invoice up to 18%) (Invoice up to 68%) (Invoice up to 86%) (Invoice up to 90%) (Invoice up to 70%) (Invoice up to 100%) (Invoice up to 75%) (Invoice up to 100%) (Invoice up to 70%) (Invoice up to 100%) (Invoice up to 100%) 05/01/99 (Invoice up to 93%) (Invoice up to 100%) Page 7of8 . . 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"C f/I Q) '" .r: f/I ~ ~ ~ "2 I- ~ u c: ;:. ;¡; I- oð .!2 "3 "ü (/) ë5 Qj õ z . . . GENERAL TERMS AND CONDITIONS FOR ENGINEERING May 28, 1998 SCOPE OF SERVICES. The Client and DI SCIULLO & TERRY, INC. (Engineer) have agreed to a list of Basic and Special Services the Engineer will provide to the Client. Services provided by the Engineer under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If mutually agreed to in writing by the Client and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as part of Basic Services and shall be paid for by the Client in addition to payment for Basic Services, in accordance with the Schedule Of Fees. INDEMNIFICATION. The Engineer will and hereby does agree to indemnify and hold harmless the Client from 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 or employees in rendering or failing to render professional services with regard to the performance of this agreement. The Client will and hereby does agree to indemnify and hold harmless the Engineer from 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 Client. its agents, employees or other person from whom the Client is legally liable, in rendering or failing to render professional services with regard to the performance of this agreement. COMPENSATION. Invoices will be submitted monthly and shall be due and payable on receipt. All payments will be made in U.S. dollars or a check drawn on a U.S. bank. TIMELINESS OF PERFORMANCE. The Engineer will perform his or her services with due and reasonable diligence consistent with sound professional practices. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Engineer. The Engineer's services under this Agreement are being performed solely for the Client's benefit, and no other entity shall have any claim against the Engineer because of this Agreement or the performance or nonperformance of services hereunder. SEVERABILITY AND SURVIVAL. Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. ARBITRATION. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties. 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 Client copies of all finished or unfinished documents, data, studies, surveys, drawings, \ INTSER V ER\PROJECTìNRII-DRN\GTERMS. doc Page I of 4 · · · 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. RIGHT OF ENTRY. The Client shall provide for the Engineer's right to enter the property owned by the Client and/or others in order for the Engineer to fulfill the Scope of Services included hereunder. The Client understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is not part the responsibility of the Engineer. The Engineer's subcontractors will be responsible for any restoration necessary caused by their equipment. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the engineer and his or her subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly arising from procedures associated with testing or investigative activities or discovery of hazardous materials or suspected hazardous materials on said property. OWNERSHIP OF INSTRUI\'1ENTS OF SERVICE. All instruments of service, including reports, original drawings, estimates, field notes and data, and all documents on electronic media prepared by the Engineer are and shall remain the property of the Engineer. A reproducible copy of all reports, original drawings, plans, estimates, field notes and data shall be provided to the Client in digital format on a CD- ROM. INFORMATION PROVIDED BY OTHERS. The Engineer shall indicate to the Client the information needed for rendering of services hereunder. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. HAZARDOUS MATERIALS. It is acknowledged by both parties that the Engineer's Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event the Engineer or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of the Engineer's services, the Engineer may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the project until the Client retains appropriate specialist consultants or contractors to identify, abate and/or remove the asbestos, hazardous or toxic materials and warrant that the jobsite is in full compliance with applicable laws and regulations. The Engineer will notify the Client if any asbestos, hazardous or toxic materials are encountered or suspected. It will remain solely the Client's responsibility to notify appropriate authorities of the toxic or hazardous materials. CHANGED CONDITIONS. The Client shall rely on the Engineer's judgment as to the continued adequacy of this agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Engineer. Should the Engineer call for contract renegotiation, the Engineer shall identify the changed conditions necessitating renegotiation and the Engineer and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If terms cannot be agreed to, the parties agree that I INTSER VERIPROJ ECTlNRII.DRN\GTERMS.doc Page 2 of 4 either party has the absolute right to terminate this Agreement. · OPINIONS OF PROBABLE COST. In providing opinions of probable construction cost, the Client understands that the Engineer has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that the opinions of probable construction costs provided herein are to be made on the basis of the Engineer's qualifications and experience. The Engineer makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. · · BURIED UTILITIES. The Engineer and/or his or her authorized subconsultant will conduct the research that in his or her professional opinion is necessary to identify underground improvements for the proposed scope of services. Such services by the Engineer or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The Client recognizes that the research may not identify all underground improvements and that the information upon which the Engineer relies may contain errors or may not be complete. SHOP DRAWING REVIEW. The Engineer shall review and approve Contractor submittals, such as shop drawings, product data, samples and other data, as required by the Engineer, but only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. The Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of the Engineer in writing by the Contractor. SPECIFICATION OF MATERIALS. The Client understands and agrees that products or building materials which are permissible under current building codes and ordinances may, at some future date, be banned or limited in use in the construction industry because of presently unknown hazardous characteristics. The Engineer shall endeavor, during the term of this Agreement, to inform the Client of any product or material specified for this project which the Engineer becomes aware is a known or suspected health or safety hazard. The Client agrees that if the Client directs the Engineer to specify any product or material, after the Engineer has informed the Client that such product or material may not be suitable or may embody characteristics that are suspected of causing or may cause the product or material to be considered a hazardous substance in the future, the Client waives all claims as a result thereof against the Engineer. The Client further agrees that if any product or material specified for this project by the Engineer shall, at any future date be suspected or discovered to be a health or safety hazard, then the Client shall waive all claims as a result thereof against the Engineer. CONSTRUCTION OBSERVATION. The Engineer shall visit the project at appropriate intervals during construction to become generally familiar with the progress of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. The Client has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services. The Engineer does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. RECORD DOCUMENTS. Upon completion of the Work, the Engineer shall compile for and deliver to the Client a reproducible set of Record Documents conforming to the marked-up prints, drawings and other data furnished to the Engineer by the Contractor and from as-built survey to be conducted by the Engineer. This set of Record Documents will show the reported location of the Work and significant \ INTSER VER\PROJECTlNRII-DRNlGTERMS. doc Page 3 of 4 . . . changes made during the construction process. The Engineer will conduct a ground survey to verify that the completed project was constructed in general confonnance with the horizontal and vertical control as specified in the construction plans. The infom1ation obtained from the ground survey will be incorporated into the Record Drawings. However, the Engineer will not inspect construction or conduct an exhaustive investigation of the construction. Therefore, the Record Documents will be based on unverified infonnation provided by other parties which will be assumed reliable, the Engineer cannot and does not warrant their accuracy. JOBSITE SAFETY. Neither the professional activities of the Engineer nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for perfonning, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent may be made evident in the Client's agreement with the General Contractor as prepared by the Engineer. UNAUTHORIZED CHANGES. In the event the Client consents to, allows, authorizes or approves of changes to any plans, specifications or other construction documents, and these changes are not approved in writing by the Engineer, the Client recognizes that such changes and the results thereof are not the responsibility of the Engineer. Therefore, the Client agrees to release the Engineer from any liability arising from the construction, use or result of such changes. \ \:-0 TIER V ERIPROJECT\NRH-DRNlGTERMS. doc Page 4 of 4 · · · GENERAL TERMS AND CONDITIONS FOR SURVEYING May 28, 1998 SCOPE OF SERVICES. The Client and Dr SCIULLO & TERRY, INC. (Surveyor) have agreed to a list of Basic and Special Services the Surveyor will provide to the Client. Services provided by the Surveyor under this Agreement will be perfonned in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If mutually agreed to in writing by the Client and the Surveyor. the Additional Services shall be provided by the Surveyor. These Additional Services are not included as part of Basic Services and shall be paid for by the Client in addition to payment for Basic Services, in accordance with the Schedule Of Fees. INDEMNIFICATION. The Surveyor will and hereby does agree to indemnify and hold hannless the Client from 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 Surveyor, its agents or employees in rendering or failing to render professional services with regard to the perfonnance of this agreement. The Client will and hereby does agree to indemnify and hold hannless the Surveyor from 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 Client, its agents, employees or other person from whom the Client is legally liable, in rendering or failing to render professional services with regard to the perfonnance of this agreement. COMPENSATION. Invoices will be submitted monthly and shall be due and payable on receipt. All payments will be made in U.S. dollars or a check drawn on a U.S. bank. TIMELINESS OF PERFORMANCE. The Surveyor will perfonn his or her services with due and reasonable diligence consistent with sound professional practices. TffiRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Surveyor. The Surveyor's services under this Agreement are being perfonned solely for the Client's benefit, and no other entity shall have any claim against the Surveyor because of this Agreement or the perfonnance or nonperfonnance of services hereunder. SEVERABILITY AND SURVIVAL. Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. ARBITRATION. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties. \ \NTSER V ER\ PROJEcnN Rtf -DRN\GTERMS-S VY .doc Page 1 of 3 . . . TERMINATION. Either party may tenninate this Contract upon giving written notice to the other party at least thirty (30) days prior to the date of tennination. In the event of tennination, the Surveyor shall deliver to the Client copies of all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc. prepared by the Surveyor under this Contract. The Surveyor shall be entitled to receive just and equitable compensation for any work satisfactorily perfonned in accordance with the provisions of this agreement prior to tennination. RIGHT OF ENTRY. The Client shall provide for the Surveyor's right to enter the property owned by the Client and/or others in order for the Surveyor to fulfill the Scope of Services included hereunder. The Client understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is not part the responsibility of the Surveyor. The Surveyor's subcontractors will be responsible for any restoration necessary caused by their equipment. The Client agrees, to the fullest extent pennitted by law, to indemnify and hold the Surveyor and his or her subconsultants hannless from any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly arising from procedures associated with testing or investigative activities or discovery of hazardous materials or suspected hazardous materials on said property. OWNERSHIP OF INSTRUMENTS OF SERVICE. All instruments of service, including reports, original drawings, estimates, field notes and data, and all documents on electronic media prepared by the Surveyor are and shall remain the property of the Surveyor. A reproducible copy of all reports, original drawings, plans, estimates, field notes and data shall be provided to the Client in digital fonnat on a CO- RaM. INFORMATION PROVIDED BY OTHERS. The Surveyor shall indicate to the Client the infonnation needed for rendering of services hereunder. The Client shall provide to the Surveyor such infonnation as is available to the Client and the Client's consultants and contractors, and the Surveyor shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Surveyor to assure the accuracy, completeness and sufficiency of such infonnation, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the infonnation the Client is providing. Accordingly, the Client agrees, to the fullest extent pennitted by law, to indemnify and hold the Surveyor and the Surveyor's subconsultants hannless from any claim, liability or cost (including reasonable attorneys' fees and costs of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other infonnation provided by the Client to the Surveyor. HAZARDOUS MATERIALS. It is acknowledged by both parties that the Surveyor's Scope of Services does not include any services related to asbestos or hazardous or toxic materials. In the event the Surveyor or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the perfonnance of the Surveyor's services, the Surveyor may, at his or her option and without liability for consequential or any other damages, suspend perfonnance of services on the project until the Client retains appropriate specialist consultants or contractors to identify, abate and/or remove the asbestos, hazardous or toxic materials and warrant that the jobsite is in full compliance with applicable laws and regulations. The Surveyor will notify the Client if any asbestos, hazardous or toxic materials are encountered or suspected. It will remain solely the Client's responsibility to notify appropriate authorities of the toxic or hazardous materials. CHANGED CONDITIONS. The Client shall rely on the Surveyor's judgment as to the continued adequacy of this agreement in light of occurrences or discoveries that were not originally contemplated by or known to the Surveyor. Should the Surveyor call for contract renegotiation, the Surveyor shall identify I INTSER VERIPROJ ECT\N RH -DRNIGTERMS-SV Y. doc Page 2 of 3 . . . the changed conditions necessitating renegotiation and the Surveyor and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If tenns cannot be agreed to, the parties agree that either party has the absolute right to tenninate this Agreement. I INTSER VER\PROJECTlN RH -DRNlGTERMS-SV Y. doc Page 3 of 3