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HomeMy WebLinkAboutCC 1998-10-26 Agendas - . -. .. CITY OF NORTH RICHLA~D,I1R:.~S . PRE-COUNCIL AGENDA OCTOBER 26,1998 - 6:00 P.M. For the MeetiFfg conducted at the North Richland Hills City Hall Pre-Counçil Chambers, 7301 Nor;theast Loop 820. . ,. NUMBER ITEM ACTION· TÀKEN . . . 1. Discuss Items from Regular October26 Agenda (5 Minutes) 2. IR 98-212 November 10 City Council Work Session , (5 minutes) 3. IR 98-213 December 28 Council Meeting (5 Minutes) 4. IR 98-217 TML Resolutions--Legislative Issues (20 minutes) 5. IR 98-211 Overview of the Emergency Operations Plan (20 minutes) 6. IR 98-214 Hear Briefings of Activities of Ad Hoc Committees: (15 minutes) a. Land Use - Ron Ragland b. Cultural and Educational - Steve Brown c. Code Enforcement - Pam Burney 7. Other Informational Items (5 Minutes) 8. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contelTlplatetf~ it will be takef} in open session. POSTED /OJ;;3)Q j? Date? 5. 4<5 12 fY\-, Time City Secretary B~a -~ . - . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA OCTOBER 26,1998 -7:30 P.M. 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 on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Richland High School Randy Cobb, Principal 3. Pledge of Allegiance - Richland High School Randy Cobb, Principal 4. Special Presentations a. Yard of the Month Awards IR 98-216 b. TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION; Certified Floodplain Manager Program - Kevin Miller c. Presentation of Proclamation - Red Ribbon Week 5. Removal of Item(s) from the Consent Agenda . -- Page 2 . 6. Approval of Consent Agenda Item(s) a. Minutes of the Pre-Council Meeting October 12, 1998 b. Minutes of the City Council Meeting October 12, 1998 GN 98-125 c. Consider Extension of Moratorium on Accessory Buildings -Ordinance No. 2344 PU 98-62 d. Approve Change Order to D&F Scott Publishing for Publishing Services in the Amount of $25,243 PU 98-63 e. Award Contract for Automated Library System to Innovative Interfaces in the Amount of $153,000 - Resolution No. 98-53 f. Approve Change Order NO.1 with PW 98-22 J.L. Steel, Inc. in the Amount of ($152,262.37) for Calloway Branch Channel Improvements, Section "B" g. Approve "No Parking, Stopping, GN 98-127 Standing During School Zone Hours" for the North Side of the 8200 Block of O'Brian Way - Ordinance No. 2342 7. PS 98-36 Consider the Request of Shady Grove Baptist Church for a Final Plat of Lot 1, Block 1, Shady Grove Addition. (Located at 8241 Precinct Line Road) 8. PS 98-38 Consider the Request of Greg Murray of Service King for a Replat to be Known as Lot 17R, Block 20, Snow Heights Addition. (Located in the 6900 Block of NE Loop 820) 9. PS 98-40 Consider the Request of John Barfield for a Replat to be known as Lot 1, Block 3, Brentwood Estates Addition. (Located in the 8400 Block of Davis Boulevard) . . 10. PS 98-42 Consider the Request of Legacy Capital Company for a Replat to be known as Lots 1 R, 2R, 3-7, Block 4, Brentwood Estates Addition. (Located in the 8300 Block of Davis Boulevard) 11. PS 98-47 Consider the Request of Ralph Schwab for a Final Plat of Lot 1, Block 1, Schwab Addition. (Located at 8713 Stewart Lane) 12.GN 98-126 Consideration of Amending Council Rules of Procedure - Resolution No. 98-52 13.GN 98-128 Appointments to Place 1 and the Alternate Position on the Planning and Zoning Commission and the Capital Improvement Advisory Committee 14.GN 98-129 Approval of Tax Increment Reinvestment Zone Bylaws 15.GN 98-130 Designation of Tax Increment Reinvestment Zone Chairman 16.GN 98-131 Approval of Tax I ncrement Reinvestment Zone Financial Plan 17.GN 98-132 Approval of Tax Increment Financing Agreement with the Birdville Independent School District 18. (a) Citizens Presentation (b) Information and Reports 19. Adjournment Page 3 . POSTED /OJ;J3jQ r Date? - 3'-1./5 em Ime n ~ . City Secretary ,.~_.~ e NORTH RCHLAND HILLS COMMUNICATIONS DEPARTMENT CONTACT: DONNA HUERTA COMMUNICATIONS DIRECTOR CITY OF NORTH RICHLAND HILLS 817.581.5657 817.425.1518 (pager) October 21, 1998 FOR IMMEDIATE RELEASE Police Department Promotes Red Ribbon Week Kids and drugs. . . It's a deadly combination and the North Richland Hills Police Department is gearing up to get that message across during the Annual Red Ribbon e Campaign from October 23rd through the 3 P" Not only will you see red ribbons tied to all NRH Police patrol vehicles during the week-long campaign, but in conjunction with the Birdville lSD, the Community Service Division of the NRH Police Department will be promoting drug awareness at all elementary schools and several special events throughout the week. In an effort to give students a chance to participate in positive social activities, the NRH Police Department provided discount tickets for DARE students to attend the Fort Worth Brahamas Hockey Game on Friday, October 23rd and will provide discount tickets to DARE students on Saturday, October 24th to Mountasia Family Fun Center at 8851 Grapevine Highway. The Police Department will also participate in the Birdville ISD Drug Awareness Forum on Tuesday, October 27th from 7 p.m. to 9 p.m. at Richland High School. This forum will be moderated by Scott Murray from KXAS Channel 5 and will be held in the High School Auditorium. e For more information about the War on Drugs Red Ribbon Campaign, please contact the NRH Police Department Community Service Sergeant Ron Beale at 581-5644. ### NRH CJTY Of NORTH RJCHLAND HJlLS PROCLAMATION WH£R£AS; ~1coho1 ~J1~ other ~n45 ~~se jJ1 this J1~tiOJ1 h~s rc~che~ cpi~emk rrorortiOJ1s. ~J1~ those iJ1 the IS' to 24 '1e~r o1~ ~5e 5rour ~re ~'1iJ15 ~t ~ f~ster r~te th~J1 those of other ~5es: ~J1~ WH£R£AS: it is imrer~tive th~t visjb1e. W1jfic~ rrcvCJ1tioJ1 e~uc~tioJ1 cttorts b\f commuJ1it\1 members be 1~W1che~ to re~uce the ~em~J1~ for ~n45s: ~J1~ WHER£AS: tm.f5-free Schoo1s ~J1~ CommuJ1it\1 Gr~J1t ~J1~ Dir~vi11e JJ1~cpCJ1~CJ1t Schoo1 District ~re Sr0J1SoriJ15 the Re~ RibboJ1 C~mr~i5J1 offcriJ15 citizCJ1S ofTex~s the 0rPornrnit\1 to ~emoJ1str~te their commib11CJ1t to ~ bru5- free 1ifeSt\11e: ~J1~ WH£R£AS; the Re~ RibboJ1 C~mr~i5J1 wiU be cc1ebr~te~ jJ1 CVCt'\.f commW1jt\1 ~uriJ15 Re~ RibboJ1 Week. October 24-0ctober 3~. 1998: ~J1~ WH£R£AS: busiJ1ess. 50vcrnmCJ1t. 1~w CJ1forcemCJ1t. schoo1s. re1i5jous iJ1stirutioJ1s. scrv1ce orS~J1i%~tioJ1s. '1outh. rh'1sici~J1s. sCJ1jor citizCJ1s. mi1it~"1. srorts te~ms. ~J1~ jJ1~jvi~u~1s wi11 ~emoJ1str~te their commib11CJ1t to brus-free, he~1th'11ifest\11es b\f we~riJ15 ~J1~ ~jsr1~'1iJ1s re~ ribboJ1s ~uriJ15 thjs week-1oJ1S c~mr~iSJ1· NOW, TH£R£fOR£. J. Ch~r1es Scom~. M~'1or of the Cit\1 of North Rkh1~J1~ Hi11s. T ex~s ~o here~ rrod~im October 24-0ctober 3~. 1998 ~s "RED RIBBDN WEEK" ~J1~ CJ1cour~se its citizCJ1s to r~rticip~te iJ1 bnfS e~uc~tiOH ~J1~ )'rCVCJ1tiOH ~ctivities to m~ke ~ visib1e show of sUrPort for our strOJ1S commjb11CJ1t to ~ brus-free CommW1jt\1 m the Cit\1 of North Rkh1~J1~ Hi11s ~J1~ CJ1cour~5e citizCJ1s to choose to be ~n4S free. IN WJTNESS WH£REOf. J h~ve herel-mto set m'1 h~J1~ ~J1~ c~use~ the se~1 of the Cjt\1 of North Rkh1~J1~ Hi11s to be ~fflxe~ thjs the 12th ~~'1 of October. 1998. d1~r1es Scom~. M~'1or e Present: MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 12, 1998 - 6:00 P.M. Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Rex McEntire Donna Huerta Marty Wieder Larry Koonce John Lynn Greg Dickens Terry Kinzie Christopher Baker Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager City Manager City Secretary Attorney Director of Communications Economic Development Director Finance Director Acting Police Chief Public Works Director Information Services Director Planner ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item No. 6h - PW 98-20 -In response to a NAN FROM REGULAR question from the Council, the City Manager advised OCTOBER 12 that the amount budgeted for the project was AGENDA $801,500. POSSIBLE The City Council will meet with Richard Ferrara RANDY S. MEETING TIMES Architects on Tuesday, October 20 at 6:30 p.m. in FOR REVIEW OF the Pre-Council Room. TOWN CENTER PROJECTS REVIEW TOWN Mr. Wieder gave an overview of the public forums NAN CENTER DESIGN scheduled in the former North Hills Mall theaters on WORKSHOPS October 13, October 15, October 17, and October 19. The City Council will attend the final public presentation on October 19 at 7:00 p.m. e ITEM CONTINUATION OF WORK SESSION WITH PLANNING AND ZONING COMMISSION - TUESDAY, OCTOBER 13 YEAR 2000 PROGRESS REPORT TML RESOLUTIONS - LEGISLATIVE ISSUES OTHER INFORMATIONAL ITEMS DISCUSSION The City Manager reviewed with the Council the agenda items to be covered with the Planning and Zoning Commission at the work session October 13. Councilwoman Johnson asked that for future work sessions with the boards, the board members are made aware of the reason for the work sessions with the Council. Mayor Scoma advised that he had requested that Council be provided with a monthly update from each of the Ad Hoc Committees. Pre-Council Minutes October 12, 1998 Page 2 ASSIGNMENT NAN A video presentation was shown to the City Council TERRY K. discussing the Y2K problem. Mr. Kinzie updated the Council on the process the City is going through to identify problems and the progress the City has made to ensure the continued delivery of services to our citizens. He advised that quarterly updates would be provided to the Mayor and Council. The Council discussed external concerns - electricity and water. Ms. Linda Allen, TU Electric responded to the concerns expressed by the Council regarding TU Electric. She briefed the Council on the steps that TU has taken to eliminate any potential problems. There was discussion on the need to have contingency plans ready. The Mayor advised that the Council and Staff would be reviewing the City's Disaster Recovery Plan. Mr. Cunningham advised that Staff had anticipated NAN receiving the packet of TML Resolutions so that they could be discussed and input received from the Council at tonight's meeting. He advised that TML would not be mailing the packet until later in the week. Councilwoman Johnson advised that the History NAN Committee had received the preliminary copy of the History book for editing. She advised that they were hoping for Christmas delivery of the books. Mayor Scoma discussed with the Council changing PATRICIA H. the start time for Council meetings from 7:30 p.m. to 7:00 p.m. and setting the Pre-Council time for 5:45 p.m. each meeting. Staff will prepare an item amending the Council Rules of Procedure to change the time of the Council meeting. ITEM DISCUSSION EXECUTIVE SESSION Mayor Scoma announced at 7: 15 p.m. that the Council would adjourn to Executive Session to discuss land and easement acquisition as authorized by Government Code Section 551.052. Pre-Council Minutes October 12, 1998 Page 3 ASSIGNMENT Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary e e e e 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 - OCTOBER 12,1998 -7:30 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order October 12, 1998 at 7:30 p.m. ROLL CALL Present: Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Greg Dickens Rex McEntire City Manager Deputy City Manager Assistant City Manager City Secretary City Engineer Attorney 2. INVOCA TION Councilman Metts gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS None. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes October 12, 1998 Page 2 e 6. APPROVAL OF CONSENT AGENDA ITEM(S) APPROVED A. MINUTES OF THE CITY COUNCIL WORK SESSION SEPTEMBER 15, 1998 B. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 28, 1998 C. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 28,1998 D. GN 98-122 - JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT- RESOLUTION NO. 98-51 E. PU 98-58 - AWARD BID FOR THERMO-PATCH POTHOLE PA TCHER TO H.D. INDUSTRIES IN THE AMOUNT OF $79,800. F. PW 98-59 - AWARD ANNUAL CONTRACT TO PROVIDE UTILITY MATERIALS TO ATLAS UTILITY SUPPLY IN THE AMOUNT OF $187,827 G. PU 98-60 - AWARD ANNUAL CONTRACT FOR TOP SOIL, SAND AND FLEX BASE TO HJG TRUCKING IN THE AMOUNT OF $60,900 H. PW 98-20 - AWARD OF BID FOR MISCELLANEOUS 1998 STREET IMPROVEMENTS TO WALT WILLIAMS CONSTRUCTION, INC. IN THE AMOUNT OF $791,498.44 e Mayor Pro Tern Phifer moved, seconded by Councilwoman Lyman, to approve the Consent Agenda. Motion carried 7-0. 7. GN 98-123 SENIOR RATES FOR IRON HORSE GOLF COURSE APPROVED Deputy City Manager Shiflet gave a synopsis of the two options reducing senior rates for the Iron Horse Golf Course. e Councilwoman Lyman moved, seconded by Councilman Welch, to approve for a trial period of one-year Option Two - a 10% overall reduction in the existing resident senior rates, effective Monday through Thursday, excluding Holidays; the 10% reduction is applicable to Green and Cart Fees. The flat rate reduction will result in a Green Fee of $17.55, a Cart Fee of $9.68 or a combined fee of $27.23. City Council Minutes October 12, 1998 Page 3 e Motion carried 7-0. 8. GN 98-124 APPOINTMENT TO PLACE 1 ON THE TEEN COURT ADVISORY BOARD APPROVED Councilman Welch moved, seconded by Councilwoman Lyman, to appoint Ms. Stephanie Dukes to Place 1 on the Teen Court Advisory Board, term expiring June 30, 1999. Motion carried 7-0. 9. PU 98-61 CONSIDERATION OF AN AGREEMENT WITH RICHARD FERRARA ARCHITECT, INC. FOR PROFESSIONAL SERVICES APPROVED e Assistant City Manager Ragland summarized the agreement with Richard Ferrara Architects. Mayor Pro Tern Phifer moved, seconded by Councilman Welch, to approve PU 98-61, authorizing the City Manager to enter into an agreement with Ferrara Architect, Inc. for professional services. Motion carried 7-0. 10. PW 98-21 AWARD OF PROJECT TO WHECO ELECTRIC, INC. IN THE AMOUNT OF $518,671.25 FOR SCADA SYSTEM IMPLEMENTATION - 1998 APPROVED Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to approve PW 98-21, awarding the project to WHECO Electric, Inc. in the amount of $518,671.25 (using the Motorola Moscad RTU product) and an installation time of 330 days. Motion carried 7-0. e e e e City Council Minutes October 12, 1998 Page 4 11. (A) CITIZEN PRESENTATION Mr. Eric Lyles, 8613 Tamar, speaking on behalf of Carolyn Lyles, 6888 Moss Lane, addressed the Council on the expansion of Douglas Lane. He did not feel that the City should require a construction easement from his mother, Ms. Lyles, when the city owned the acreage across the street. Ms. Carolyn Lyles, 6888 Moss Lane, addressed the Council on the construction easement that the City has requested from her. Ms. Lyles did not see the need and did not want the city to use her yard to park construction equipment in during the construction of Douglas Lane. Ms. Janet Ball, 6845 Hickory Hollow Lane, addressed the Council on the excessive high water bill that she received for the month of August. Mr. Bud Haselden, 6860 Hickory Hollow Lane, addressed the Council on the increase in his and his neighbors' water bills. He advised that their water bills increased 45 percent. The two citizens were advised that staff would follow up individually on their water bills. (B) INFORMATION AND REPORTS Mayor Scoma advised of the procedure for the pickup of brush by Trinity Waste Systems. Mayor Scoma reported that he and the City Manager had met with Marcus Cable in an effort to resolve some of the major cable complaints. Mayor Scoma advised of the public forums for the Town Center Project scheduled in the former North Hills Mall theaters on October 13, October 15, October 17, and October 19. The Mayor advised of the following upcoming events: Board and Commission Reception - October 27, 7:00 p.m. to 9:00 p.m. Head for the Hills - October 17, 10:00 a.m., North Hills Mall at Rodger Line Drive. e e . City Council Minutes October 12, 1998 Page 5 12. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:27 p.m. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary e e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-212 ~~ , Date: October 26, 1998 Subject: November 10 City Council Work Session The City Council has scheduled the next work session with one of the City's boards and commissions for Tuesday, November 10. Mayor Scoma has advised that he will be out of town on this date and will be unable to attend. The Council may want to consider moving the work session to the following Tuesday, November 17. This will be discussed in Pre- Council Monday evening. Respectfully submitted, ~(o¿:~ lit~ Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · e e ;' 71""~"-'~'; INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. -LR 98-213 'I ~ ~ Date: October 20, 1998 Subject: December 28 City Council Meeting The second regular City Council Meeting in December will be on December 28. Since this meeting is close to the holidays and holiday activities, the Council may want to consider rescheduling or canceling this meeting. This will be discussed in Pre-Council Monday evening for direction from the Council. Respectfully submitted, OdzíVdd ~ Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98 - 217 ¡\ --*-- Date: . ~~ SUbject: V October 26,1998 e TML Legislative Issues On Tuesday afternoon we received the TML Resolution Packets. We made copies, and on Tuesday evening during the City Council worksession staff provided each council member with a copy of the Resolutions submitted to the TML Resolutions Committee. This leaves staff very little time to review and respond to six committee reports each containing a variety of issues, as well as the 65 or so additional resolutions that have been included in this packet of materials. On the other hand, several of our council members have been serving on the legislative committee and are already quite informed on the issues and positions recommended by these committees. Staff will continue to review and will come to the Pre-Council worksession prepared to discuss the proposed resolutions and positions being recommended by the TML committees. It is our early observation that for the most part we already agree with the positions being proposed. We will try to focus special attention on those issues with which we may recommend a position different from that of TML, and we will come prepared to explain our differences. e In many cases the legislative issues have little if any impact on our city, and in those cases we will spend very little time on those issues. For example, several issues relate to General Law cities and/or annexation issues, which do not apply to North Richland Hills. Also, there are several items relating to Chapter 143 (Civil Service Cities) that do not apply to us, but we are generally supportive of these positions. We will focus more intently on those issues that are most important to North Richland Hills. It is important to keep in mind that while the resolutions and legislative issues identified in the TML packet will be explained, discussed, and voted on by the Resolutions Committee on October 28, 1998, the actual TML Legislative agenda will not be formed and approved until the TML Board meets in December. TML usually recommends that each city pick out the key issues that are most important for them, to make those a matter of their attention and efforts, rather than even attempt to deal with all of the issues. We may want to identify the top 10-15 issues that we feel are most important to N RH, and focus our influence on making sure our resources are spent dealing successfully with these, rather than spreading our resources, time and energy too thin. Please Remember to Bring Your TML Resolution Packet with you Monday! Respectfully Submitted, e ~~ Assistant City Manager ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS tt MEMO TO: Mayor and Council FROM: James D. Saint Assistant to the City Manager SUBJECT: TML Legislative Issues DATE: October 26,1998 The following pages represent an index of the legislative issues being recommended by the TML Resolutions Committee. These include the reports from the other TML committees as well as resolutions proposed by member cities. In the column marked "NRH Position", I have placed SUPPORT if staff is recommending that we support TML's position on the issue or the proposing City's resolution, OPPOSE if we are recommending that North Richland Hills should take a different stance from what is being proposed, and NO ACTION if the City should not take a side. If the space is blank, then staff does not have a recommendation at this time. Most of these do not have an impact on North e Richland Hills. So far, staff recommends differing with TML's position on only two items. One involves opposing TML's recommendation, and the other suggests No Action on an item that TML proposes supporting. If a position paper is included, this will be indicated with "YES" in the column marked "Position Paper" The column marked "Page Number" refers to the page number in the TML packet which was provided to Council last Tuesday. Sincerely, Lðd). ~t "Iqames D. Saint - Assistant to the City Manager 581-5582 e e e e Item Resolution/Position NRH Position Page Position Paper Number 1 Appreciation/Annual Conference SUPPORT 2 Report of the TML Legislative Policy Committee on Community and Economic Development 7 I. Seek introduction and passage of legislation that would: A. allow a city to adopt the International Plumbing Code. SUPPORT Yes B. repeal the 99five-acre exemption" in the platting statute. SUPPORT Yes C. direct the county clerk to require that a deed-filing include SUPPORT Yes an affidavit verifying compliance with subdivision requirements, as applicable. D. provide that: (1) if a city does not collect records preservation fluids, it may provide access to geographic information data at low cost or no cost to requestors; (2) when a city provides this access, it may set charges for providing copies of the GIS database; and (3) such charges may include data collection costs, system operation costs, and an estimation of the value of the information on the commercial market. E. create a Public Library Assistance Fund, to be funded by SUPPORT Yes the sales tax on books and computer software, the proceeds of which would be distributed on a geographic, per capita, and "as needed" basis. II. Support legislation that would: A. replace current regulations relating to plumbing SUPPORT Yes inspectors, by establishing qualifications for taking the state plumbing inspector exam and maintaining a plumbing inspector license. B. simplify the procedures required for the development and SUPPORT Yes revision of impact fees. C. protect and strengthen cities' regulatory authority in the SUPPORT Yes areas of annexation, extraterritorial jurisdiction, alcoholic (alcohol beverage sales and consumption, pawnshops, group sales) homes, manufactured housing, highway logo signs, and property takings. D. clarify that city zoning regulations enacted prior to June SUPPORT Yes 11, 1987 are not preempted under the Alcoholic Beverage Code. E. allow cities in a county with a population of 750,000 or more to adopt a 4B sales tax if the cumulative sales tax does not exceed 7.75 percent at the time of the election. - F. allow public libraries to become members of the TexShare SUPPORT Yes program. Contents Page # 1 e Item Resolution/Position NRH Position Page Position Paper Number G. amend the library district statute to: (1) reduce the SUPPORT Yes population for counties in which districts may be formed; (2) permit elections that would include a city that operates a library if the city consents; and (3) permit cities to call an election to create a library district. III. Endorse legislation that would require the seller of a . property in a municipal extraterritorial jurisdiction (ET J) to fully disclose to the buyer the fact that the subject property is in an ET J and is therefore subject to annexation. IV. Oppose legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, including legislation that would: A. erode municipal annexation authority. SUPPORT B. erode current municipal economic development authority. SUPPORT Yes C. erode municipal eminent domain authority. SUPPORT Yes D. re-enact Subchapter I of Chapter 481 of the Government Code ~the so-called "vesting" statute). E. erode municipal authority in extraterritorial jurisdictions. F. mandate the adoption of the Uniform Plumbing Code. SUPPORT Yes G. allow a school district, when engaged in a construction SUPPORT Yes project, to comply with either the local building code or another national or international model code. H. impose a statewide electrical licensing law. SUPPORT Yes I. detrimentally affect the current authority of cities to review SUPPORT and take action with respect to subdivision plats. 3 TML Community and Economic Development Report NO ACTION 8 4 Annexation SUPPORT 15 5 Annexation/Sales Tax SUPPORT 17 6 Annexation/General Law Cities 19 7 Public School Starting Date 21 8 Impact Fees 23 9 Platting/Counties 25 10 County Zoning Authority 27 11 Nuisances 29 12 Transportation Link 31 13 Logo Reader Boards 33 14 Transit Authorities SUPPORT 35 15 Economic Development Sales Tax 37 16 Cemeteries 39 17 Parks and Recreation SUPPORT 41 18 Report of the TML Legislative Policy Committee on Finance and Administration 44 e e Contents Page # 2 Item Resolution/Position NRH Position Page e Position Paper Number I. Seek introduction and passage of legislation that would: A. create a two-year statute of limitations for a lawsuit aimed at invalidating a municipal act on the basis of a procedural error. B. allow local entities to share in the revenue collected under SUPPORT the Crime Victims' Compensation Fund for projects that would be eligible for this funding. C. allow a former officer, employee, or elected official of the appraisal district or a taxing unit to serve on an appraisal review board after two years from the date that such service as an employee, officer, or elected official ends. D. allow a city to challenge the appraisal of a specific SUPPORT Yes property . E. consolidate all remaining state court costs into One fee SUPPORT Yes payable to the state. F. allow a city to use hotel occupancy tax revenue for SUPPORT economic development and beautification purposes. G. provide that a political subdivision does not have to SUPPORT comply with or otherwise enforce a legislative mandate unless the State Comptroller certifies that 75 percent or more of the cost of the mandate is funded by the state e government. H. repeal existing state mandates. SUPPORT J. allow a city to substitute for workers' compensation coverage any other acceptable form of insurance on a contract that currently requires workers' compensation coverage and that does not exceed $15,000. J. allow a city council to discuss economic development SUPPORT Yes incentives in executive session. II. Support legislation that would: A. relax the current restrictions in the Open meetings Act. B. expedite the removal of Texas cities from overage by NO Yes Section 5 of the Voting Rights Act. POSITION C. allow proprietary information provided by a private entity to city officials during the economic development application process to be confidential under law. D. change the date by which requested information must be SUPPORT released after receiving a decision from the Attorney General from 10 calendar days to 15 business days. E. change the date to file suit challenging a decision of the SUPPORT Attorney General regarding requested information from 10 calendar days after receiving the decision to 15 business days after receiving the decision. e Contents Page # 3 Item Resolution/Position NRH Position Page e Position Paper Number F. repeal the state statute imposing a court fee on any SUPPORT person who seeks to pay a fine over time rather than immediately; if that effort fails, legislation that would clarify the statute by: (1) defining "immediately," and (2) stating whether the fee is to be collected "per offense" or "per defendant." G. exclude new growth and increased evaluations for the SUPPORT Yes . purpose of determining notice and hearing requirements triggered by additional ad valorem tax revenue. H. provide that a local 911 district created by state law may make use of 911 funds for the same purposes available to a local 911 entity that existed prior to 1987. I. immunize cities from liability relating to Year 2000 SUPPORT computer problems. J. allow any city of any size to obtain sales tax information SUPPORT Yes on any entity that annually remits sales tax payments of more than $100,000. K. require full disclosure and public reporting of sales price SUPPORT Yes information pertaining to real estate transactions. III. Endorse legislation that would: A. allow a city the option of waiving the payment of three OPPOSE Yes e years of recalculated property taxes when agricultural land is converted to a different use. B. reinstate the local option court cost for a traffic offense that occurs in a school zone or for unlawfully passing a school bus in a city with a population of less than 400,000. C. require that, in the case of partial payments to a court, a SUPPORT city and the state or county will split the payments until both receive the proper amount of revenue. D. authorize cities to sell tax liens. E. amend the Tort Claims Act to provide that all municipal tort claims, including torts committed before January 1, 1970, are to be classified as governmental or proprietary functions under the list in the Act. IV. Oppose legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, including legislation that would: A. make the Open Meetings Act more restrictive. SUPPORT B. add detrimental amendments to the prompt payment statute. C. invalidate or prohibit indemnity provisions in public works SUPPORT Yes or construction contracts. D. impose additional state fees or court costs on municipal SUPPORT Yes e courts. Contents Page # 4 e e e Item Resolution/Position NRH Position Page Position Paper Number E. add detrimental amendments to the Public Information SUPPORT Act. F attempt to undo the 1997 fraudulent lien legislation. V. TAKE NO POSITION on legislation allowing local SUPPORT government consolidation. 19 . Y2K Problem SUPPORT 49 20 Consolidation of Governments NO ACTION 51 21 Property Tax Notice 53 22 Property Tax Notice 55 23 Court Costs 57 24 Cooperative Purchasing SUPPORT 60 25 Cooperative Purchasing SUPPORT 61 26 ISTEA SUPPORT 63 27 Transportation Funding 65 28 Transportation Projects 67 29 Traffic Signals 69 30 Insurance Bids SUPPORT YES 71 31 HoteVMotel Tax/Beaches 73 32 Hotel/Motel Tax SUPPORT 75 33 Architectural Barriers Act 77 34 Competitive Bidding/Grants 79 35 Competitive Bidding/Bidders 81 36 Open Meetings/Public Information 83 37 Open Meetings SUPPORT 86 38 Street Assessments 88 39 Streets 90 40 Internet Tax Freedom Act SUPPORT YES 92 41 National Flat Tax NO ACTION 94 42 Report of the TML Legislative Policy Committee on Personnel 96 The Committee voted to recommend that TML adopt the following statement: Cities should have the ability to structure health benefit plans that they can afford and that meet the needs of their employees. Mandated health benefits should be equated to unfunded state mandates and should be reviewed by the Unfunded Mandates Interagency Work Group. Costs incurred by cities to provide mandated health benefits to their employees will be borne by the taxpayer. The Texas Municipal - League should actively work with other employer groups that have similar interests in this issue. I. Support legislation that would: Contents Page # 5 Item Resolution/Position e NRH Position Position Paper Page Number A. either enhance the current lump sum distribution option offered by the Texas Municipal Retirement System (TMRS) or create a deferred retirement option plan, so long as such legislation is supported by the TMRS Board. B. amend the State Civil Service Law for peace officers and firefighters (Chapter 143 of the Local Government Code) . to: e 1 revise Section 143.025(b) to permit entrance examinations for police officers to be held at different locations if each applicant takes the same examination. 2 revise Section 143.027 to redefine the probationary period for police officers to be either one year or one and one- half years from the date of licensing by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). 3 revise Section 143.025 to permit the use of "score- banding" in entrance examinations. 4 revise Section 143.051 to state that police officers or firefigl:1ters convicted of a felony would be dismissed without appeal to the Civil Service Commission or to a third-party hearing examiner. S revise Section 143.025 to permit full list certification for all candidates who pass the entrance examination. 6 revise Section 143.035 by extending the "alternative promotional system" provision to fire departments. 7 revise Section 143.002 to increase to a higher level the population needed to adopt the civil service provisions of Chapter 143. 8 revise Section 143.023 to extend the experience provisions (five years experience as a peace officer or at least five years of militaryexperience) for peace officer applicants to firefighter applicants (five years experience as a certified firefighter or at least five years of military experience) 9 revise Section 143.081 to eliminate the three-member board of a physician, a psychiatrist, and a psychologist, or any combination as appropriate, and to authorize the Civil Service Commission to ask for an independent medical/mental examination from an appropriate medical practitioner whose findings would determine the issue. 10 revise Section 143.045 to include a definition of a "working day." 11 revise Section 143.079 to include a definition of a "year of injury leave." e SUPPORT (NRH is NOT subject to chapter 143) Yes Contents Page # 6 e Item Resolution/Position NRH Position Position Paper Page Number e e 12 revise Section 143.025 to permit cities to pool resources to develop and administer entrance examinations. 13 include a provision to require police officers and firefighters to notify their respective departments if they are arrested or convicted of a crime. 14 revise Section 143.053, which requires the Civil Service Commission to hear an appeal within 30 days, to provide . for a hearing within 45 days after the Commission receives notice of an appeal. 15 revise Section 143.051 to include "deferred adjudication" as a conviction. 16 revise Section 143.079 to clarify that the decision of the three-member panel of physicians is final with no appeal. 17 revise Section 143.056 to include any lesser criminal offenses above the level of Class C misdemeanor with no appeal for back-pay. 18 revise Section 143.081 to allow for the filling of a position following a determination that the officer is physically or mentally unable to perform his/her duties. 19 revise Section 143.023 to allow the Civil Service Commission to set additional standards for a beginning position. 20 revise Section 143.026 to allow the Civil Service Director to certify the names of three "suitable9t candidates from the entrance eligibility list. 21 revise Section 143.045 to restrict the payment for up to ninety (90) days accrued sick leave to only one time for persons involuntarily separated and who return to the classified service of the city. 22 revise Section 143.053 to clarify that the Commission may suspend or dismiss an officer for violation of Section 143.056 (felony or misdemeanor complaint). 23 revise Section 143.054 to eliminate the requirement that the Commission must rule on the validity of a request for demotion and again if the officer wishes to appeal the demotion. 24 revise Section 143.033 to permit the use of "score banding" on promotional examinations. 25 revise Section 143.033 to permit full list certification for all candidates who pass the promotional examination. 26 eliminate the option of requesting a third party hearing examiner to hear disciplinary appeals. III. Endorse legislation that would prohibit the adoption of collective bargaining in cities of less than 10,000 in population. Contents Page # 7 e . e Item Resolution/Position NRH Position Page Position Paper Number IV. Oppose legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, including legislation that would: A. erode current municipal authority to establish standards SUPPORT Yes relating to response of non-resident employees to civil emergencies or which would, in any other way, erode current municipal options regarding residency policies. B. - broaden the current law regarding the adoption of SUPPORT Yes collective bargaining, including any legislation that would provide for council-option collective bargaining. C. create special employment rights for public safety employees who may be the subject of internal investigations. D. provide that peace officers, firefighters, or any other SUPPORT Yes municipal employees may not be disciplined "without good cause" or only with "sufficient evidence," or that would, in any other way, erode the employment-at-will doctrine. E. invalidate any municipal nepotism policies. SUPPORT Yes 43 Dual Office Holding 101 44 Residency Requirements 103 45 Collective Bargaining 105 46 Report of the TML Legislative Policy Committee on Public Safety 108 I. Seek introduction and passage of legislation that would: A. allow a city to prohibit the licensed carrying of a concealed SUPPORT Yes handgun in a city park. B. eliminate the requirement that mandatory community service imposed on a minor convicted of certain alcohol or tobacco offenses be tobacco-related or alcohol-related. C. authorize designated local rabies control authorities to SUPPORT Yes vaccinate animals under their control for rabies and to obtain vehicle owner records from law enforcement agencies in the course of their required duties. D. authorize the impoundment of motor vehicles that are not SUPPORT Yes covered by insurance. II. Support legislation that would: _A. allow a city of any population to pursue nuisance SUPPORT remedies against the owner of a multi-unit residential property who knowingly permits certain violent criminal offenses to occur on the property. Contents Page # 8 e e e Item Resolution/Position NRH Position Page Position Paper Number B. repeal Section 485.018 of the Health and Safety Code, . which prohibits a city from enacting an ordinance that requires a business establishment to display abusable glue or aerosol paint in a manner that makes the glue or paint accessible to patrons of the business only with the assistance of personnel of the business. C. strengthen the inspection, training, accountability, and SUPPORT Yes safety requirements and regulations for the operation of amusement rides. D. authorize certain cities to disannex from an emergency services district. III. Oppose legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, including legislation that would: A. amend the Underground Facilities Statute to: 1 raise the $1.25 cap on the fee paid to the notification center by an affected facility operator, 2 levy a fee on an excavator, 3 raise the registration fee unless the fee is determined on a more-equitable basis, or 4 require mandatory participation by cities as Class B SUPPORT Yes operators. B. detrimentally change the existing felony forfeiture statute. SUPPORT Yes C. preempt municipal authority to regulate smoking. SUPPORT Yes D. erode municipal authority to regulate the sale, distribution, SUPPORT advertising, display, or promotion of cigarettes or tobacco products. E. further restrict a city's authority to regulate the carrying of SUPPORT Yes handguns in public buildings. F. authorize additional entities to employ and commission NO ACTION peace officers. G. eliminate the current requirement that a paramedic cannot transport a person without that person's consent unless the person is unable to communicate and the person is in a life-threatening situation. IV. Take no position on legislation requiring mandatory OPPOSE Yes participation in and compliance with the National (NRH should Flood Insurance Program for cities, counties, and oppose such state agencies. legislation) - 47 Radioactive Waste 112 48 Law Enforcement Officers Recognition Week SUPPORT 114 49 Firefighters and Paramedics Recognition Week SUPPORT 116 50 Automobile Theft SUPPORT 118 51 Criminal Trespass SUPPORT 120 Contents Page # 9 e e e Item Resolution/Position NRH Position Page Position Paper Number 52 Video Slot Machines SUPPORT 122 53 Rabies/Records 124 54 RabiesNaccinations SUPPORT (46, I., B.) 127 55 Public Health 130 56 Sanitarian Registration Act 134 57 Fireworks 136 58 Fireworks 138 59 Towing Regulations 141 60 TowinglWrecker Services Support 143 61 Failure to Appear 146 62 Report of the TML Legislative Policy Committee on Utilities and Environment 148 I. Seek introduction and passage of legislation that would: A. require an applicant for a Service Provider Certificate of Authority from the Texas Public Utility Commission to obtain any franchise agreement that may be required by a city in which the applicant intends to provide service. B. provide for the unlimited right of cities to use water courses in the state to discharge permitted wastewater. II. Support legislation that would: A. create/continue state incentives for demonstration projects of volume-based solid waste rates. B. allow for a refund of a portion of the solid waste tipping fee for cities that voluntarily institute volume-based solid waste rates. C. create/continue state incentives for cities to voluntarily adopt yard waste bans. D. allow for the creation of solid waste management districts. E. require the Texas Natural Resource Conservation Commission (TNRCC) to adopt the EPA's "503" rules relating to land application of sludge and to encourage cities to pursue beneficial use of sludge rather than landfilling. F. prohibit the TNRCC from enacting a landfill standard more stringent than federal law, and/or require the TNRCC to allow maximum flexibility for landfills under federal law. G. establish fees adequate to fund wireless location - identification and number identification technology. III. Oppose legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, including legislation that would: Contents Page # 10 Item Resolution/Position NRH Position Page e Position Paper Number A. erode the authority of Texas cities to manage and control SUPPORT their rights-of-way or other public property. B. erode the authority of Texas cities to recover fair and SUPPORT reasonable compensation for: (1) managing, maintaining, and policing rights-of-way or other public property; and (2) leasing those rights-of-way or other public property based on the value of such rights-of-way or public property. C. standardize telecommunications franchise agreements if SUPPORT Yes such legislation: (1) overturns the provisions of any home rule charter; (2) fails to protect each city's revenue both now and over time; (3) subjects agreements to the oversight of any state agency; or (4) fails to treat all telecommunications companies, resellers, rebundlers, and wireless service providers in a non-discriminatory and competitively neutral manner. D. erode a city's authority to assess a pipeline utility SUPPORT Yes appropriate charges according to the purpose of the pipeline and the impact of the pipeline on the city. E. restrict the siting of landfills beyond current federal requïr.ements regarding such restrictions. F. require cities to adopt volume-based solid waste rates or SUPPORT Yes e full-cost accounting procedures for solid waste services. G. eliminate existing incentives for demonstration projects of volume-based solid waste rates. H. impose a state-mandated ban on yard waste. I. eliminate existing incentives for cities to voluntarily adopt yard waste bans. J. require landfills to identify the source of solid waste accepted at the landfill. K. expand the authority of counties or other non-municipal entities to regulate the siting of landfills. L. mandate waste separation beyond current law. M. mandate recycling beyond current law. N. mandate composting. 0 increase the solid waste tipping fee or change the allocation formula in such a way that grants to cities - from funds generated by the fee - are endangered. P. erode the authority of cities to provide solid waste services in newly annexed areas. Q. require a city to raise any municipal fee and remit the SUPPORT revenue to the state. R. deregulate or restructure the electric industry if such SUPPORT Yes deregulation or restructuring: 1 erodes municipal authority over rights-of-way or other e public property. Contents Page # 11 e e e Item Resolution/Position NRH Position Page Position Paper Number 2 erodes municipal authority to impose a right-of-way fee . that: (a) is equal to that received prior to competition, and (b) increases with growth. 3 threatens the ability of a municipally owned utility (MOU) to operate profitably, subjects an MOU to regulation by the Public Utility Commission, or threatens the financial integrity of any city. 4 fails to ensure that all citizens benefit through lower rates. 5 fails to assure that electric system reliability and service quality will be maintained at standards equal to or better than the reliability and service standards which exist today. 6 fails to allow cities to serve as aggregators. 7 fails to provide checks and balances against concentration of market power through takeovers, mergers, acquisitions, or other means. 63 Water Tap Fees 153 64 Water Districts/Adding Territory SUPPORT 155 65 WaterlWastewater Services 157 66 Entering Private Property 159 67 Independent Appraisers 161 68 Drinking Water Contamination- Clean Burning Fuels 163 69 Telecommunication Services SUPPORT 169 70 Water/Sewer Services 171 71 Environmental Penalties 175 Contents Page # 12 . ,.,.".._.~.". ., . , . INFORMAL REPORT TO MAYOR AND CITY COUNCIL .~ ~ Date: October 26, 1998 V'{-\ Subject: Overview of the Emergency Operations Plan No. IR 98-211 In the mid 70's the City's first Emergency Operations Plan (EOP) was written. This plan was written to meet the requirements of a nuclear attack scenario. By the mid 80's the nuclear attack threat had lessened, but natural and man made disasters were a greater threat to local communities. Congress passed the Superfund Amendment and Reauthorization Act (SARA) in 1986. SARA required local jurisdictions to prepare an EOP to handle hazardous material incidents. With the passage of SARA and an all hazard approach to planning resulted in the EOP that is in use today. The EOP consists of two parts, basic plan and annexes A through U. The basic plan lays out the authority, assumptions, purpose, and concept of operation and assigns responsibilities for the annexes. Annexes are general guidelines for a particular function, along with the annexes are Standard Operating Procedures (SOP's). Each annex addresses the four phases of Emergency Management: mitigation, planning, response and recovery. e An emergency is defined by the Federal Emergency Management Agency (FEMA) as an event that is within the capabilities of a local jurisdiction. Local capabilities include all mutual aid and Interlocal agreements. City staff handles these events. FEMA defines a disaster as an event beyond local capabilities. Events of this nature require activation of the EOC Team and a potential recall of the Mayor and Council. In a disaster the Mayor can declare a state of emergency, set price and wage controls and set curfews. If a disaster last longer than seven days the Council must approve it. Council will also be needed to approve emergency funding. The Emergency Operation Center command structure consist of an EOC Chief, and four sections, Operations, Planing, Logistic and Finance. Upon activation of the EOC the EOC Chief, City Manager, Public Information Officer and the Emergency Management Coordinator will report to the Police patrol room. Operations, Planning, Logistics and Finance will report to the Police training room. At Pre-Council meeting we will present a more detailed overview of the Emergency Operations Plan and discuss the emergency and disaster roles of staff, Mayor and Council. Respectfully submitted, ~JJ O~ íì (' . ¡ ¡,.l)~ . W;) .;. J J 0¿. Andrew A,uJones Jr. Fire Chief . AAJ/ld ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 98-214 \ . ~ Date: October 22, 1998 "/1 " Subject: Briefings on Activities of Ad Hoc Committees At the last Pre-Council meeting staff was instructed to provide monthly briefings to City Council in Pre-Council meetings about the activities of the Ad Hoc Committees. As we understand this is to give an overview of what is going on at the Ad Hoc Committee meetings and how they are progressing. This would not be getting into specific details and extensive discussions but provide overall briefings. Attached are outlines of activities of the three Ad Hoc Committees for the past several weeks. The staff liaison will be prepared to provide an overall briefing of approximately five minutes each to coincide with these attached outlines. We will plan to discuss this at Pre-Council and respond to any questions you might have. Respectfully submitted, ~!i~ City Manager e LJC/ld e ISSUED BYTHE CITY MANAGER NORTH RICH LAND HILLS, TEXAS · NRH City Council Briefing Paper Ad Hoc Committee on Land Use The Land Use Ad Hoc Committee (LUAHC) started with its first meeting on September 8, 1998. That evening the group decided that it would meet on the 2nd and 4th Monday of each month starting at 6:30 p.m. Ron Ragland, serving as the project staff team leader distributed a Code of Conduct, and a description of the roles members play in group activities in order to be productive. The group reviewed these documents and during the following meeting adopted them as guidelines. During the first meeting each member was given a camera and given instructions by Ron on taking a photo survey within the scope of their mission on elements that were to be divided into about half of the photos focusing on things that either would like to see in NRH's or things they already liked within the City. The remaining half of the photos would focus on elements that they did not like and might be considered as issues needing to be addressed by the group. The meeting concluded with the setting of the next agenda, including the need to elect officers, discuss and adopt "grounds rules", and a planned tour ofthe City. e On September 22, 1998 the LUAHC took a comprehensive guided tour of the city, visiting a variety of sites where the various issues of landscaping, signage, and zoning. Following the tour, a Chairman was selected, Robert O'Reilly, as well as a Co-Chair, Gary Anderson. Staff presented a comprehensive presentation of the sign and landscape regulations. On October 6, 1998 the N. Davis Citizens Group was invited and they gave a PowerPoint presentation summarizing the work done by their group. The LUAHC asked numerous questions, and thanked them for their presentation and all the research and work they had done. Mr. Churcher, as spokesperson for the N. Davis Group concluded the presentation and turned over to the LUAHC the documents that they had collected. The presentation was followed by the LUAHC sharing their photo surveys and discussing the likes and dislikes and issues they felt needed their attention. The Staff monitored the discussion and recorded key issues on sheets of paper taped to the wall so that these issues could become a part of the record and use as a reference for later discussions. With what little time there was left the group began to discuss developing a strategy or action plan. Ron Ragland also gave the group the schedule of public forums for the upcoming Town Center Project and encouraged everyone to attend the forums and if possible drop in on the design workshop to meet the design team and get involved in the design process. This meeting ended with an agreement that the next agenda needed to e 2 . include a discussion of the Town Center project, as well as an effort to begin working on improvements to the sign regulations. On October 21, 1998 the LUAHC agreed that they wanted to make the first part of their meeting the attendance of the City Council work session scheduled for a presentation regarding town center projects. The second portion of the meeting was the continuation of a strategy session, in part lead by Ron Ragland and Richard Ferrara, Sr. The group agreed to come to the next meeting prepared with a list of their individual sign issues, ranked in order of most important to least important. It was agreed that they would share their issues, eliminating duplication. Once all issues were identified, with the assistant of staff and a computer modeling program, they would force rank the groups sign issues, then starting with the top issues begin to provide staff with direction as to the result of solution they wanted to recommend, so that recommendations for improvements could begin to go forward ASAP. They also agreed that if this method worked that they would use it to immediately begin tackling the other major areas within the scope of their mission. e e 2 NRH City Council Briefing Paper Ad Hoc Committee on Cultural and Educational Opportunities . Since its inception the Ad Hoc Committee on Cultural and Educational Opportunities has met four times. The first meeting on September 8 was used to orient the committee and define its roles. Committee members, recognizing that in addressing both Culture and Education it was taking on dual roles, established two working groups to facilitate their approach to these two important areas. At its second meeting, the committee discussed the range of existing programs and resources with five guest presenters, representing the NRH Parks Department, B.I.S.D., the Arts Council of Northeast Tarrant County, SCORE business counselors, and Tarrant County Junior College. They also examined a wide range of published catalogs and listings of current programs. Using the data collected so far, committee members have begun to inventory and categorize existing cultural and educational offerings, and to assess the facilities and resources available to support such programs. e Committee members plan to conduct several focus groups on November 17 to gather input on the perceived needs and priorities in terms of cultural and educational opportunities from our citizens. They have also developed a survey instrument and plan to conduct a citywide survey to gather input. Distribution of the survey through City utility bills is scheduled to begin December 1, and other means of distribution will be used to reach those who do not receive water bills. The Committee elected officers on October 6, selecting Zanda Hilger-Seaberg as Chair. Renea Stasaski was selected as Vice-Chair and coordinator for the Education working group, while Stacie Stokes was selected Vice-Chair and coordinator for the Cultural affairs group. The lack of a suitable venue for live performances has emerged in discussions as a primary deficiency in the Northeast Tarrant area. Public meeting, training and exhibit spaces also appear to be extremely limited. The Ad Hoc Committee designated a four- person subcommittee to meet with the Town Center planners and discuss the pros and cons of an amphitheater proposed for the site. They expressed concerns about the usefulness of an open-air amphitheater, and proposed to the planners that a more versatile performance facility be considered instead. The Education working group is beginning to assess gaps in the matrix of currently available programs. Members perceive a need for greater educational support for very young children and their parents, as well as teens in the community. As the committee gathers more data from the planned survey and focus groups, the group also hopes to identify specific needs for educational support among the small business community of the city. They plan to explore partnerships with other area institutions to develop effective ways to meet the educational needs of the area. e . . . NRH City Council Briefing Paper Ad Hoc Committee on Code Enforcement Date: October 21, 1998 Submitted by: Pam Burney, Environmental Services Diredor Meeting Information Meeting Frequency: Twice a month Designated Meeting Dates: First Thursday and Third Tuesday of each month Meeting Time: 7:00 p.m. to 9:00 p.m. Chair and Co-Chair: Michael Hailey was elected Chair of the committee with Thomas Hodge serving as Co-Chair Recording Secretary: Debbie York, Environmental Services Number of Meetings to Date: The committee has met four times to date Meeting Highlights; During the first meeting each committee member was given a disposable camera and asked to take pictures of areas in NRH that they thought would be or should be code violations. These photos were compiled and classified by staff as: Obvious Code Violations, Potential Code Violations and Questionable Photo Subject. At the second meeting, the committee discussed each group of photos. In addition, the committee was taken on a tour of NRH. After the tour, the committee members met to discuss what they had seen and committee members expressed surprise and disbelief at some of the conditions of homes that they toured. The committee asked the staff to provide them with copies of current nuisance and junked vehicle codes as well as information on what other cities have been doing in the area of innovative code enforcement. At8aa of Discussion: The Committee has narrowed the scope of their discussions to the following areas: . Develop a proactive code enforcement program to address issues that are currently in the codes such as general blight, grass and weeds, junked vehicles, etc. . . . · Define additional issues that should be included in the codes such as a Property Maintenance Code · Recommend adding additional code enforcement officers to handle increased workload associated with proactive code enforcement program. · Develop a public awareness and education program to let residences know exactly what the current codes require and the advantages of being a -good neighbor." · Explore use of existing city employees who work in the field to report code violations during the course of their duties and the cross training of some city employees to assist in code enforcement activities. · Explore resources in community that can provide assistance to senior citizens and disabled residence that need help to bring their properties into compliance. Comments: It should be noted that the committee recognizes the need to move forward with their work and plan to begin drafting an outline of recommendations at the next meeting. They have asked for Donna Huerta to attend the meeting scheduled for November 17 to discuss a public relations and public awareness campaign. · · · INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 98-216 o. ~ Date: . 1F Subject: October 26, 1998 TEXAS FLOODPLAIN MANAGEMENT ASSOCIATION; Certified Floodplain Manager Program - Kevin Miller In 1996, the Texas Floodplain Management Association (TFMA) unveiled it's Certified Floodplain Manager Program, a professional development and certification program designed to recognize the knowledge and technical skills of the state's floodplain managers. Kevin B. Miller, Assistant Public Works Director, has been added to a growing list of local administrators in the State of Texas to attain the designation of Certified F~oodplain Manager (CFM). To date, there are 106 local floodplain managers in the state attaining this valuable professional recognition. To accomplish this task, Kevin had to successfully pass a certification test which was designed to measure competency with the basic principals of sound floodplain management as mandated by the National Flood Insurance Program. In addition to the test, Kevin was required to complete a lengthy application packet, which serves to document his experience, education, training, references and contributions to the profession of floodplain management. The final requirement for certification is membership in the Texas Floodplain Management Association and Kevin is considered a very valuable member of the Association. He has been a member since 1994 and currently serves as the Vice-Chairman for the Association. Based on the magnitude of this accomplishment, I believe that the City of North Richland Hills is fortunate to have such a knowledgeable professional like Kevin 8. Miller on staff to manage the City's floodplains in accordance with the requirements of the National Flood Insurance Program. Respectfully submitted, ~ ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . CITY OF NORTH RICHLAND HILLS Department Planninç¡ & Inspections SubjectConsider Extension of Moratorium on Accessory l::3ulldJngs. Ordinance No. 2344 Council Meeting Date: 10/26/98 Agenda Number: GN 98-125 On April 27, 1998 the City Council approved Ordinance 2298 which declared a moratorium on accessory buildings more than 12 feet tall for a period of 6 months. This moratorium expires on October 27, 1998. Staff has researched this topic and presented a proposed Ordinance to the Planning and Zoning Commission on September 24, 1998. Because the adoption of the proposed regulations is an amendment to the Zoning Ordinance, public notice must be given. The Planning Department has complied with the notification requirements. The Ordinance approved by the Planning and Zoning Commission will be on the November 9, 1998 City Council Agenda. The attached Ordinance extends the moratorium on accessory buildings for 90 days until January 27, 1998. RECOMMENDATION: To approve Ordinance 2344. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _~ Other _ FinanceO..eta, t t/t!Vt·v\...~-:' \. c:---- Department Head Signature . I City Manager CITY COUNCIL ACTION ITE Page 1 of · e e ORDINANCE NO. AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECLARING A MORATORIUM ON BUILDING PERMITS FOR ACCESSORY BUILDINGS EXCEEDING TWELVE FEET IN THE R1, R2, AND R3 RESIDENTIAL ZONING DISTRICTS; DIRECTING THE PLANNING AND ZONING COMMISSION TO STUDY ISSUES CREATED BY LARGE ACCESSORY BUILDINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is concerned about large accessory buildings in residential zoning districts, and WHEREAS, the City Council desires to declare a moratorium on the issuance of building permits for accessory buildings that exceed twelve feet in height in the R1, R2, and R3 Residential zoning districts, and determines that said moratorium is necessary; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, no building permit shall be issued and no accessory building shall be constructed which exceeds twelve feet in height in the R1, R2, and R3 zoning districts for a period of three months. 2. THAT, the Planning and Zoning Commission is directed to study any and all issues created by the construction of large accessory buildings and report their findings within the three month moratorium. 3. THAT, this moratorium will expire on January 27, 1998 4. 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. Ord. Page 1 · e e 6. SAVINGS CLAUSE. That any and all other ordinances of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect. 6. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL THIS 26th DAY OF OCTOBER, 1998. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas AP~R9VED A~ TO CONTENT: (L) J;t-L~ ò· ~~ Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ord. Page 2 CITY OF NORTH RICHLAND HILLS . Department: Finance / Library Council Meeting Date: 10/26/98 Subject: Approve Change Order to D&F Scott Publishing for Publishing Services in the Amount of $25,243 Agenda Number: PU 98-62 At the June 8, 1998 meeting, Council awarded the contract for publishing services of the local history book to D&F Scott Publishing. The Historical Committee has requested changes to the specifications and this has resulted in a $25,243 change order. The requested changes are as follows: 1. increase page count from 348 to 528 2. increase in number of words from 120,000 to 278,000 3. addition of 16-page color section 4. addition of 4-color dust jacket 5. addition of index of first 10 chapters This will increase the total amount for this project to $56,940 for 2,000 books. Council appropriated $57,000 for this project. Because this is a contract for professional services. it is not subject to the 25% limitation on change orders. Recommendation: To approve the change order to D&F Scott Publishing for publishing services in the amount of $25,243. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~~~.¿~ -~ Department Head Signature Account Number 105-0501-543.35-35 Sufficient Funds Avallaole ~ f.6v>«-<.-- . F;""'œ 0;_, ~æ~ P"'nf~ 1 nf CITY OF NORTH RICHLAND HILLS . Department: Library Subject: Award Contract for Automated Library System to Innovative Interfaces in the Amount of $153,000 Resolution No. 98-53 Council Meeting Date: 10/26/98 PU 98-63 Agenda Number: As part of the CIP budget, Council appropriated $330,000 for the replacement of the Library automation system. The current library system is an aging non-standard product that has extremely limited capabilities and is not Year 2000 compliant. Mr. Dick Boss of Information Systems Consulting, Inc. was hired in January to assist in the development of the specifications, review submitted proposals and assist in contract negotiations. An internal committee was formed to review and evaluate the proposals along with the consultant. A Request for Proposal for the Library automation system was issued in April and mailed to seven firms identified by the consultant as meeting the minimum criteria for the Library system. Three other companies requested proposal packages. Four proposals were received. Two companies responded saying they did not have time to complete the proposal information; two companies could not meet the minimum specifications; and one was unable to respond to the proposal at this time. Proposals were received from Ameritech Library Services, GEAC Computers, Innovative Interfaces and SIRSI Corporation. The proposal submitted by Ameritech was not fully responsive to the requirements and specifications of the RFP and the proposal submitted by GEAC was not considered because of unfavorable references and concerns about the company stability. The two remaining proposals were reviewed in detail, published reviews and comparisons were reviewed and Library staff visited installed sites to view the systems in operation and discuss software operations with current customers and on-site demonstrations were performed at the Library in August. Innovative Interfaces emerged from the analysis and the demonstrations as the leading candidate in terms of both staff and customer functionally and ease of use. After negotiations were completed the cost for the Innovative Interfaces library system is $153,000 with installation to begin approximately 120 days from contract signing. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other j~,lfl~AuT7L-Æ~ / DepartmentHead g a Paqe 1 of 2 CITY OF NORTH RICHLAND HILLS . Innovative Interfaces' Millennium system will extend the library's services, giving both staff and customers much more powerful access to the library's collections and to a wide range of electronic information resources. It will permit residents to access the Library from home or office, via the Internet or using direct dial-up access. Cardholders will be able to renew books, place requests, search a database or check their own accounts day or night, from anywhere. Staff believes this contract will secure the best library automation system available on the market. The following tasks still remain to prepare for the completion of the project: 1. installation of network cabling in the library; 2. purchase and installation of a Local Area Network for staff and the public to access the system; 3. purchase self-service checkout equipment; 4. cleanup and migration of bibliographic and customer data files; and 5. replacement of the barcodes on all library materials. It is anticipated that these remaining tasks and acquisition of related hardware and software will be completed within the approved budget. Recommendation: To award the contract for the library automated system to Innovative Interfaces, Inc. in the amount of $153,000 and pass Resolution No. 98-53 that will authorize the City Manager to execute the contract. CITY COUNCIL A CTION ITEM Paoe 2 of 2 · · · RESOLUTION NO. 98-53 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. . The City Manager is hereby authorized to execute the contract with INNOVATIVE INTERFACES, INC. for the library automated system, as the act and deed of the City. PASSED AND APPROVED this 26th day of October, 1998. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney APPROVED: Steve Brown, Library Director CITY OF NORTH RICHLAND HILLS . Department: Public Works Department - Subject: Approve ChanQe Order NO.1 with J.L. Steel, Inc. in the Amount of ($152,262.37) for Calloway Branch Channel" Improvements, Section liB" Council Meeting Date: 1 0126/98 Agenda Number: PW 98-22 This project was awarded to J.L. Steel, Inc. for $1,235,371.80 on 2/9/98, PW 98-06. The cost for Change Order NO.1 is a decrease of $152,262.37, with a 30 day increase in bid time. The original project included full concrete channel liner from the enlarged box culvert at Chapman Road to the end of the existing concrete liner south of Hightower Drive. Upon the EPA and Corps of Engineers direction, this design has been changed to an earthen channel. After reduction of the concrete liner costs and increase in the excavation, controlled density fill, gabions, hydromulch, topsoil, borrow, and miscellaneous shut-down & remobilization costs, Change Order NO.1 will decrease the contract amount by $152,262.37, with a 30 day increase in calendar days of bid time. Staff has received documentation on the shut-down costs, remobilization costs, and change-of-scope costs and feels these amounts are justified. Recommendation: To approve Change Order NO.1 with J.L Steel, Inc. in the amount of ($152,262.37) and an increase in bid time of 30 calendar days. Source of Funds: Bonds (GO/Rev.) Operating Budget Other rJ ~~ (/ Finance Review Account Number 13-28-96-6000; 3J5-0000-003.~ Sufficient Funds AvauaDle --f i./ .¿....(7/VW)/ rv-n~ Finance Director ~ Page 1 of j: J ~~ II c ~ Cwoway 1B1l"a.Il1lcih I ~ arn~1T1\1T1\e! I JImmprovememt(JB) ¡ . - . SWnesRd. . I I n U~ I n~ II -3 'I - -d - ..c::I J Calloway Branch Channel (B) . 41 ::J :5 II " I , Chapman Rd. 10 II I I w E \ S -- Sephaoer 21. 1995 CHANGE ORDER NO. -1- TO THE CONTRACT WHICH WAS DATED FEBRUARY 23. 1998 BETWEEN CITY OF NORTH RICHLAND HILLS KEF NO. 3-380 10120198 RWA AND J.L. STEEL INC. , (OWNER) , (CONTRACTOR) . FOR CALLOWAY BRANCH CHANNEL IMPROVEMENTS SECTION "B" Pursuant to the provisions of Section 6 of the General Conditions of the Contract, this Change Order, JNhen fully executed, shall constitute the authority to change the work of the Project as follows: Remove all unformed, reinforced concrete channel liner from the Project from Station 1 +91.15 to Station 26+21.03 and replace with an earthen channel with an earthen pilot channel section, and construction 5O-foot long gabion transition sections immediately upstream from Station 1 +91.15 and immediately downstream from Station 26+21.03. The following pay items shall be adjusted based on the price and quantity revisions shown: ORIGINAL CONTRACT - REVISED CONTRACT- TOTAL BID ITEM UNIT TOTAL PERC. EXTRA PERC. CHANGE ITEM DESCRIPTION UNIT PRICE QUANT. PRICE TOTAL QUANT. CHANGE PRICE COST (1) (2) (3) (4) (5) (6) (1) (8) (9) (10) (11) 15P. 4" Thick Topsoil S.Y. $ 1.35 6,883 $ 9,292.05 0.75% 11,783.00 171.19% $ 1.35 $ 15,907.05 17P. Hydromulch S.Y. $ 0.95 9,446 $ 8,973.70 0.73% 11,782.83 124.74% $ 0.95 11,193.69 10. Unclass. Channel Excav. C.Y. $ 5.80 31.287 $ 181,464.60 14.69% 5,708.00 18.24% $ 5.80 33,106.40 2D.. Control. Density Embank. C.Y. $ 7.50 1,699 $ 12,742.50 1.03% 7,325.00 431.14% $ 7.50 54,937.50 8D. Unform. Cone. Channel C.Y. $ 136.00 3257 $ 442,952.00 35.86% (3,007.00) -92.32% $ 136.00 (408,952.00) 11D. Wire Fence (5 Strand) L.F. $ 2.75 5725 $ 15,743.75 1.27% (3,975.00) -69.43% $ 2.75 (10,931.25) 12D. Chain Link Fence L.F. $ 10.50 5268 $ 55,314.00 4.48% (1 ,593.00) -30.24% $ 10.50 (16,726.50) 9D. Weep Holes Each $ 11.35 1557 $ 17,671.95 1.43% (1,457.00) -93.58% $ 11.35 (16,536.95) 14D. Gabions C.Y. $ 172.00 256 $ 44,032.00 3.56% 512.00 200.00% $ 172.00 88,064.00 22D. Shut-Down Costs L.S. $ 0 $ 0.00% 1.00 >20% $ 21,980.78 21.980.78 23D. Re-Mobilization Costs L.S. $ 0 $ 0.00% 1.00 >20% $ 4,594.25 4,594.25 24D. Borrow C.Y. $ 0 $ 0.00% 1,618.00 >20% $ 6.00 9.708.00 25D. J.L Steel Remobilizatoin L.S. $ 0 $ 0.00% 1.00 >20% $ 5,145.00 5,145.00 26D. Orval Hall remobilization L.S. $ 0 $ 0.00% 1.00 >20% $ 4,775.00 4,775.00 27D. Extra Costs for Fencing L.S. $ 0 $ 0.00% 1.00 >20% $ 8,150.00 8,150.00 28D. Change of Scope Costs L.S. $ 0 $ 0.00% 1.00 >20% $ 16,300.00 16,300.00 29D. Extra Costs for Rein. Steel L.S. $ 0 $ 0.00% 1.00 >20% $ 20,105.16 20,105.16 . 1S. Remove Exist. 55 L.F. $ 15.00 102 $ 1,530.00 0.12% 38.00 37.25% $ 15.00 570.00 35. SS Manhole Each $ 2,500.00 2 $ 5,000.00 0.40% 1.00 50.00% $ 2,500.00 2,500.00 4S. Concrete Piers C.Y. $ 885.00 5 $ 4,425.00 0.36% 3.50 70.00% $ 885.00 3,097.50 65. SS Trench Safety L.F. $ 15.00 20 $ 300.00 0.02% 50.00 250.00% $ 15.00 750.00 TOTALS 64.71% $ (152.262.37) ORIGINAL CONTRACT AMOUNT $ 1,235,371.80 100.00% TOTAL CHANGE ORDER AMOUNT $ (152.262.37) $ 1,083,109.43 REVISED CONTRACT AMOUNT NOT (1) Pay Item Number (2) Description of Pay Item (3) Unit of Construction (4) Original Contract Unit Price (5) Original Contract Estimated Quantity of Construction (6) Original Contract Total Price.. (4) x (5) (1) Item Price Percentage of Total ContractAmount.. (6) I $1,235,371.80 (Major Item is 5% or More) (8) Additional Quantity Included in This Change Order (9) Quantity Increase (or Decrease) as Percentage of Original Contract Quantity.. (8) I (5) (10) Change Order Item Price (11) T otallncrease (Decrease) in Cost for Each Item Due to This Change Order.. (8) x (10) CONTRACT COMPLETION TIME SHALL BE INCREASED BY DAYS BECAUSE OF THIS CHANGE ORDER. CONTRACTOR'S OFFER OF PROPOSED CHANGE: BY:. ~¿:L.---'--'-' QATE; 10 IZI /'8 I . DATE: jo - Z/ -qe BY: DATE: ~ CITY OF NORTH RICHLAND HILLS . Department: Public Works Department - Subject: Approve "No Parkinç¡, Stoppinç¡, Standinç¡ Durinç¡ School Zone Hours" for the North Side of the 8200 Block of O'Brian Way - Ordinance No. 2342 Council Meeting Date: 10/26/98 Agenda Number: GN 98-127 The Academy at Carrie Frances Thomas, is the elementary school which fronts on O'Brian Way. During the school zone hours, parking along the north and south side of O'Brian Way for picking up or dropping off children is creating a problem for the motorists traveling east and west bound. Staff feels that by designating the north side of the 8200 block of O'Brian Way as a "No Parking, Stopping, Standing" zone during the school zone hours, traffic will more efficiently move along the route and that it will enhance the safety of the children being dropped off or picked up from school. This "No Parking, Stopping, Standing" zone would only be on days that school is in session and then only during the school zone hours. The Birdville Independent School District administration has been contacted, and would prefer the 8200 Block of O'Brian Way be designated as "one-way" eastbound during school zone hours. However, staff circulated a petition to the residents who front on O'Brian Way and found they object to the one-way designation. The Police Department has no objection to the proposed ordinance. Recommendation: To approve Ordinance No. 2342. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle Jill Finance Director ~ ~J:~ Page 1 of _ . . . . ORDINANCE NO. 2342 In order to protect the health and safety of the City and its inhabitants, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. - It shall hereafter be unlawful for any person to park, stop, stand, or leave unattended any motor vehicle along the north side of the 8200 block of O'Brian Way during the school zone hours. 2. It is ordained that the appropriate NO PARKING, STOPPING, OR STANDING DURING SCHOOL ZONE HOURS shall be installed along the north right-of-way of the above public street giving the public notice of these parking regulations. 3. Any person violating any portion of this ordinance shall be deemed guilty of a misdemeanor and fined not in excess of $200.00. 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this the 26th day of October, 1998. APPROVED: ATTEST: Charles Scoma, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City . j~'-"-"l :: .'.0 : : I , 1,"-"-1 ! : .",. : I~·_: n~ 'Ii n I Ii '1 I: C ' : I !r-'- "1 : ~ .7 ¡ ~: ul I ;I~. : lit: I , iQ I . :t: ! : ..44 : ¡ I ! i '..---n1 i : "40 r- : ~n-"--l ¡ : 6..' : : I , ! '..----1 : 6CIJZ : , I, i n-'-'1Ì1: I : ..z" : I I I' '-'1 : æ4: I - '--1 Ii ZO! 1,-'-"1 I' U1II i l I ~'"~'¡-'l : ~ ..,. ¡ , . It . ----·l : . ' CD 0:; ¡ : ,... ; ~¡ I ¡ T"-'-¡ .Non::: MAA ïHA ðLDENBUR6- I n04 ¡ /J/</PClI'AL S8/- 541ft; ~¡. ---.-n1 ; ~ ~ ¡ I uoo ; ~ ~ ..,,~ 12"w : : 12". · ,,-......... EMERA LD HI LLWA Y .no ^-·~··:~:;T-7T-::T:=:=n .: F-::=¡=-:'-r::--r=::r"-r--'- , --f~:-7---"--1:~~ : .I \. 11.86 ¡ "4" I 114U ¡ "4FT í 114111 I, ~ia! no, ¡ 11106 ¡ UU ¡ ..,. ¡ II." i ...rn.. .I ¡ .I \. i '" ¡ i : : I ~ ,. I I ¡ ¡ . I ' I · './ un : . \:.,:: ~ "li' I : : : I.J ~ ' ~ f '4." '\ I I .... . '"' --L. I I .... 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( , Ie CITY OF NORTH RICHLAND HILLS D rt t Planning & Inspections epa men: Council Meeting Date: 1 0/26/98 Šubject:Consider the Request of Shady Grove Baptist Church For a Final Plat of Lot 1, Block 1, Shady Grove Addition. (Located at 8241 Precinct Line Road) Agenda Number: PS 98-36 Shady Grove Baptist Church is expanding their existing facilities on unplatted property. The value of the expansion is more than 50% than the assessed value of the property. They, therefore, are required to plat the property. This 2.8-acre tract of land is currently zoned U-Institutional. The surrounding properties are zoned AG-Agricultural to the north, C1-Commercial to the south and west, and the City of Colleyville is located to the east. Shady Grove Baptist Church has submitted an application for a Short Form Final Plat. This property qualifies for platting under this procedure because there is an existing building on the lot, which is capable of being occupied as a business. The following are the primary issues associated with this plat: 1. Right of Way Dedication: Precinct Line Road is designated as a P6D on the Master Thoroughfare Plan. Right-of-way has previously been obtained for the recent expansion of Precinct Line Road and no further ROW dedication for Precinct Line Road is required. 2. Shady Grove Road is designated as a residential street, which requires a 50' ROW. The applicant is dedicating approximately 4' of ROW, which will produce the required % of the full width from this particular development. 3. Street Improvements: The Subdivision Ordinance requires the developer to build his half of Shady Grove Road. The Public Works Department has calculated the value of this construction to be $22,067.50. The applicant has requested to siqn a covenant for the street improvement costs for Shady Grove Road. 4. Sewage Facilities: Public sewer service is not available within 300' of this property. The applicant proposes to construct a septic tank system, or comparable type system, to accommodate sanitary sewer services. The Public Works Department is not opposed to this approach, provided that the Tarrant County Health Department also approves the plans. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available -~~ DepartmentHea Sig CITY COUNCIL ACTION Fln...c.Oi'ec:t"; Page 1 of 5. Fire Hydrant: The NRH Public Works Design Manual requires fire hydrant coverage of 300' - Fadius for non-residential properties. A portion of the parking lot is not within 300' of an approved fire hydrant. The applicant is requesting a waiver from the requirement of installing an additional fire hydrant. Staff recommends that the applicant be required to sign a Hold Harmless Agreement. 6. Sidewalks: The NRH Subdivision Regulations require sidewalks adjacent to all public streets. The applicant is requesting a waiver from the requirement to install sidewalks on both Precinct Line Road and Shady Grove Road. The sidewalk on Shady Grove Road could be included with a covenant for street improvements. However, since Precinct Line Road has recently been completed, it would seem that is the appropriate time for sidewalks to be installed along Precinct Line Road. It has been the policy of NRH to require sidewalks as property develops. 7. Street Lighting: The City of NRH street lighting policy indicates that streetlights should be spaced every 600'. The applicant has agreed to install streetlights in accordance with city standards. The applicant would like to install the streetlights before a Certificate of Occupancy is granted for the new facility. This plat is in conformance with the Comprehensive Land Use Plan for the City of NRH. The Planning & Zoning Commission considered this request at its October 8, 1998 meeting and recommend approval subject to a Hold Harmless Agreement for the inadequate fire protection on the ot; an executed covenant for the street and sidewalk along Shady Grove Road; requiring sidewalks on Precinct Line Road; and allow the street light installation before the Certificate of Occupancy will be issued. RECOMMENDA TION: To approve PS 98-36 in accordance with the approval of the Planning & Zoning Commission. CITY OF NORTH RICHLAND HILLS ;~ ..J.C:..J 1'<" TRIO( 3.227 . .~ v ¡I I I < :1 go i ~, - 01 ~I ~~ I I .. e TR 1 00 1 1.381 0 ~ao ~I TA 10C2 1.92 AC TA 100~ i: 1.92 AC )70 "0 "' ,,, Þ9 TA 100 4.48 A ß· ~ 0 L! o ¡z; ~ ~ t:3L' , . ~! TA 10C3 L 60 AC TA 10C L 52 AC : ~ TRIOD J,IIOA .; 10':1 4 AC~ ~7d I eO )Q I ì7~1 ~,-\\ AJ PI SHADY GRO '700 I I , , ~o ." . . ;/ (,;. i1~:O e ~ IT(; ~. ------ .. e ,001140 11 141 ISAI :88: .4217 . 10M ! 15 16 13 I 16 17 12 17 18 11 18 19 J1 19 20 9 20 21A 218 C/) ë: ~ ::> u - 8 21 7 22 6 23 24 5 24 25A 4 25 3 '26 2 27 , 28 .. - ~ '. .. '. .. ! TR IA .97 AC II ~ u Agenda Item: PS 98-36 PLANNING & ZONING COMMISION MINUTES OCTOBER 8, 1998 4IIÞ 5. PZ 98-36 CONSIDER REQUEST OF SHADY GROVE BAPTIST CHURCH FOR A FINAL PLAT OF LOT 1, BLOCK 1, SHADY GROVE ADDITION. (LOCATED AT 8241 PRECINCT LINE ROAD) APPROVED Mr. Baker explained that this property consists of 2.8 acres at the intersection of Shady Grove Road and Precinct Line Road. The church has agreed to dedicate property for street right-of-way and the applicant would like to sign a covenant for the future street improvements as well as the required sidewalk improvements. Additionally, a portion of the property is not covered by fire protection and this area is to remain vacant. The applicant is requesting a waiver from the required fire protection, and a waiver from the street light requirement. e Ms. Barbara Brown, 1101 Springdale Drive, Bedford, TX, presented this request. She explained that they are requesting a waiver on the street light requirement and fire protection requirement. There is an accessory building on this portion of the property but that will be moved. They are willing to execute a Hold Harmless Agreement for the lack of fire protection to this area. They would like to sign a covenant for the future street, and sidewalks and would like a postponement of the required street light. They would like to put up the light at the time construction begins, instead of right away. Mr. Wood, seconded by Mr. Nehring moved to approve PS 98-36, requiring a Hold Harmless Agreement for the lack of fire protection, allow the covenant for the street improvements and the sidewalks along Shady Grove Road, but requiring the sidewalks on Precinct Line Road; allow the postponement of the street light; the light shall be installed prior to the issuance of a Certificate of Occupancy. The motion carried unanimously. Messrs. Wood, Nehring, Lueck, Bowen, Davis, Laubacher & Blue were in favor of this request. e Page 3 10/08/98 P & Z Minutes CITY OF N*RTH RICHLAND HILLS e Public Works September 25, 1998 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS98-35; SHADY GROVE BAPTIST CHURCH ADDITION; Block 1, Lot 1 We have reviewed the plat and preliminary drainage analysis submitted to this office on September 14, 1998. The following items are for your consideration. 1. WATERLINE EASEMENT Item #1 of the letter (pw198336) dated September 4, states, U The Surveyor needs to add a water easement to the plat for the water meter. II This has not been accomplished. The easement will need to be included on the plat prior to the plat being forwarded to City Council. 2. ROW DEDICATION Item #2 of the letter (pwI98336) dated September 4, states, "The Surveyor needs to dimension the topographical drawing so that the dimension from the ROW to the edge of pavement is clear." This has not been accomplished. The information provided is not adequate to verify a minimum of 9 ~ feet from the edge of pavement to the ROW has been dedicated. This information will need to be included with the next submittal. e 3. STREET IMPROVEMENTS This plat fronts on Shady Grove Road and Precinct Line Road. Shady Grove Road needs to be improved to provide curb and gutter along the south right-of-way. The Subdivision Ordinance requires that the Developer provide his portion of these improvements. A covenant, in lieu of the improvements, is requested in the attached letter. 4. FIRE HYDRANT The entire property is not contained within the 300 feet radial distance of the fire hydrant as required by the Public Works Design Manual. A portion of the parking lot and a shed are not covered in the southwest and northwest corners of the lot. A waiver has been requested in the attached letter. 5. SIDEWALKS The Ordinance requires sidewalks adjacent to all public streets. Sidewalks would be included in a covenant for street improvement. A waiver has been requested for construction of sidewalks along Precinct Line Road in the attached letter. 6. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. A postponement of the street light improvements has been requested in the attached letter. P.O. Box 820609 . North Richland Hills, Texas· 76182-0609 7301 Northeast Loop 820· 817-581-5521· FAX 817-656-7538 e e e e There are a few comments regarding the plat, drainage and site plans. These comments are recorded on a set of bluelines. These plans are available for the Engineer or Surveyor to pick up. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ~Jt~ JWSI m/pwm98201 I cc: Gregory W. Dickens, P.E., Public Works Director Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Planning & Inspection Director September 30, 1998 e City of North Richland Hills P.O.Box 820609 North Richland Hills, Tx. 76182-0609 TO: Planning & Zoning Commission FROM: Shady Grove Baptist Church, Lot I Block I SUBJECT: Response to letter from Julia Skare dated September 25, 1998 concerning R.O.W. & Water Easement being placed on survey e It is my understanding fÌ'om a conversation with Mrs. Barbara Brown that she talked with Mr. Barry LaBaron on September 29, 1998, and that the survey I submitted does not indicate the pin (marker) in the R.O. W., nor does it show the water easement that was requested earlier by the city. Please be assured that this oversight will be corrected, and these issues will be resolved prior to the City Council meeting on October 22, 1998. In order to expedite the hearing on this plat application, I request the applicant be allowed to be on the October 8, 1998 planning agenda. My office will forward the above information as requested prior to that date. Thank you for your consideration in this matter. Sincerely, ~ 4~<- - Mr. Eddie Dunn Surveyor e e e e September 11, 1998 City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 TO: Planning & Zoning Commission FROM: Shady Grove Baptist Church, Lot 1 Block 1 SUBJECT: Street Improvements - Item #4 of enclosed letter trom Julia Skare, City Engineer, dated August 20, 1998 Item #4 addresses improvements to Precinct Line Rd. and Shady Grove Rd. which are trontage roads to the church property. The widening and improvement of Precinct Line Rd. was recently completed. The city has requested an escrow amount of $22,067.50 for improvements to be made to Shady Grove Rd. During a recent meeting with Mr. Randy Shiflet, City Manager, Mr.Gregory Dickens, Public Works Director and Mr. Kevin Miller, Assistant Public Works Director, the question regarding the improvement of Shady Grove Road was discussed. It was the general opinion of the city's representatives that there were no plans to improve Shady Grove Rd. for a number of years. The total cost of the addition the church wishes to make to it's property is approximately $250,000. Over the last two years, the congregation has managed to raise approximately $100,000 of the cost of the project. To have to escrow the amount requested by the city would place a financial burden of such magnitude that the entire project would be jeopardized. That amount would constitute almost one fourth of the funds raised for the building, making the project itself less likely to survive. We respectfully request that the escrow amount for street improvements to Shady Grove Rd. be waived at this time, and that the church be allowed to enter into a covenant with the City of North Richland Hills to pay that portion of the street improvements when the improvement actually occurs. Thank you for your consideration in this matter. Sincerely, ~~;~ {on Ò. Surveyor 'I¡¡CElfEI SEP I 4 1998 e e e September 11, 1998 City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 TO: Planning & Zoning Commission FROM: Shady Grove Baptist Church, Lot 1 Block 1 SUBJECT: Fire Hydrant - Item #7 of enclosed letter ITom Julia Skare, City Engineer, dated August 20, 1998 Item #7 states that the entire property which includes a portion of the parking lot and a shed are not covered within the 300 feet radial distance of the existing fire hydrant. During a recent meeting with Mr. Randy Shiflet, City Manager, Mr. Gregory Dickens, Public Works Director and Mr. Kevin Miller, Assistant Public Works Director, the fire hydrant issue was discussed. While there is an area that is not covered, it is a small area on the outer fringes of the property. The existing buildings are covered within this radius, and the shed that is not covered is due to be dismantled during the construction of the parking lot. Considering the cost of installing an additional fire hydrant, the cost far outweighs the benefits that would be derived, and would create a tremendous financial burden on the limited funds in the church's building fund. We request that the installation of an additional fire hydrant be waived. Thank you for your consideration in this matter. Sincerely, U£.J:Z Mr. Eddie L. Dunn Surveyor e e e September 11, 1998 City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 TO: Planning & Zoning Commission FROM: Shady Grove Baptist Church, Lot 1 Block 1 SUBJECT: Street Lighting - Item #15 of enclosed letter from Julia Skare, City Engineer, dated August 20, 1998 Item # 15 indicates the need for additional street lighting, and according to the ordinance, must be placed every 600 feet along the property. During a recent meeting with Mr. Randy Shiflet, City Manager, Mr. Gregory Dickens, Public Works Director and Mr. Kevin Miller, Assistant Public Works Director, the street lighting issue was discussed. While we do not argue the point that street lighting improves visibility and helps deter crime, and that additional street lighting is needed along the property, we hoped that the installation of such lighting could be postponed until construction on our expansion project began and finances were more readily available for it. Due to non-availability of funds to install additional street lighting at this time, we request that the instalJation of additional street lighting be waived. Thank you for your consideration in this matter. Sincerely, ~~.- Mr. Eddie L. Dunn Surveyor e e e September 11, 1998 City of North Richland Hills P.O.Box 820609 North Richland Hills, Texas 76182-0609 TO: North RicWand Hills City Council Members FROM: Shady Grove Baptist Church, Lot 1 Block 1 SUBJECT: Sidewalks - Item #14 of enclosed letter ITOm Julia Skare, City Engineer, dated August 20, 1998 Item # 14 states City Ordinances require sidewalks adjacent to all public streets. In addition, all sidewalks in State Highway ROW need to be approved by North Richland Hills and TxDOT. The approval process through TxDOT includes an application and a pennit. During a recent meeting with Mr. Randy Shiflet, City Manager. \fr. Gregory Dickens, Public Works Director and Mr. Kevin Miller, Assistant Public Works Director, the issue of sidewalks was discussed. Recently Precinct Line Rd. was widened to connect to Davis Blvd. at the extreme North end of Precinct Line Rd. Shady Grove Baptist Church is located at the extreme North end of Precinct Line Rd. There is no commercia! development in this area at this point, and although there are several homes in the vicinity of the church building, there is no foot traffic in this area. To incur the expense of placing sidewalks adjacent to all public streets, in an area where they would serve no purpose whatsoever, would be a great financial hardship on the expansion project of the church. The cost of installing sidewalks would far outweigh any benefits that would be derived by the public. We request that the installation of sidewalks be waived. Thank you for your consideration in this matter. Sincerely, .' ··.-~"n<i<;(;i..v /"_..l.~ .~ , ~ """- ....' . 10' RF.·..'-¡·...-... ~ I , ,- 'f ¡- I, _ ÎÇ:: '_...., .' .._: ~. (Q $~: ,:i . , .' F~ . \ \/,9. \~ \ '/j .:-:~.. ' <~¡I¡;,'Il"('" ·rO~. "" I'J ..... _ ". . .' ."'..~:..:.~...:.,. ~ -6,,_ - .- Mr. Eddie L. Dunn Surveyor BEIV~LEY ENGINEERING, ·~C. CIVIL ENGINEERING . PLANNING CONSTRUCTION MANAGEMENT e ~fARC O. BENTLEY. PE September 15, 1998 Mr. Kevin Miller, o.E Assistant Public Work::: Director City Of North Richlar!d Hi!ls 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: Shady Grove Baptist Church, Lot 1, Block 1 Dear Mr. Miller: e Ir, response to Item 10 in your letter dated Septemb,,=r 4, 1998 and on behalf of Shady Grove Baptist Church, we have no intentions to improve, widen or add driveways on Precinct line Road. If you should have any questions, please call. Sincerely, BENTLEY E~GINEERlNG, I~C. J7'l O· ~--d Marc O. Bentley, P.E. cc: Barbara Brown, Shady Grove Baptist e 3!00 BROAOWAY BOULEVARD SUITE 160 GARLAND. TEXAS 7S04) (97~) ~7!'6077 F."X (972) 271.5366 -, Ni~H APPLICATION FOR A SHORT FORM FINAL PLAT (Pl.... print or type all r.spon...) Proposed Subdivision Name: Shady Grove Baptist Church Cu"ent Legal Description: City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills. Texas 817-581-5500 Tract 9A North & Tract 9B South out of Abstract 1210 Vo1.2844 Page 523 and Vol. 3594 Pa e 335 Name and Address of Current Property Owner: 8241 Precinct Line Road North Rich1and Hills, Tx. 76180 Name and Address of Previous Owner:(if purchasecJ during last twelve months) Name and Address of Developer: Phone No. (817) 281-3980 Architect: James Ezell P.O.Box 554 Surveyor: Eddie Dunn 7083 Baker Blvd. Phone No. ( 817) 284-5539 Rich1and Hills,Tx. 761Œ8 Name and Address of Engineer: ype of Development Being ProposecJ: o SF Residential 0 MF Residencial o Duplex Residential 0 Commercial I industrial Phone No. ~ Olher Institutional Application Fee: 1. Application Fee 2. Number of residential lots @ 51.50 per lot: 3. Number of non-residential lots @ 55.00 per acre 4. Number of street intersection signs @ 565.00 each 5. County plat filing fee: 120.00 15.00 58.00 TOTAL FEE 193.00 ......~\ v.... l '~'..).'1';';:. "-> ' /~<' ' 'i - ."'\ '( . )-; v'GÍ'/ . <>/ 1=- .) .~ <&'ó"~~ -? /ð Çj ,-:-"\ ~tY~ ~: '.J,}., ~ ... \' " . o,... c. "<~'(ìION~ I hereby certify that I am, or represent. the legal owner of the property descnbed above and do hereby submIt thIs Short Form Fmal Plat to the Planning and Zoning Commission for consideration. Date: Ju1y::3 r 1 qqR Applicant's Phone No.: (8171 Sq,)-2ó 1 q Print Name: Dewayne Stewart Signature: OFFICE USE ONLY seNumber~S )~. 3" Taxes Paid Liens Paid Assessments Paid SHORT FORM FINAL PLAT CD ·404 (2/96) CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Council Meeting Date: 10/26/98 -Su'bjectConsider the Request of Greg Murray of Service King Agenda Number: PS 98-38 t-or a Keplat to be known as Lot 17R, Block 20, Snow Heights Addition. (Located in the 6900 Block of NE Loop 820) Greg Murray, agent representing Service King Paint & Body Inc., has submitted a replat containing .75 acres in the 6900 block of NE Loop 820. The property is zoned C1-Commercial and is located just east of Vance Road on the south side of Loop 820. The applicant is proposing to construct a new office for auto repairlintake facility at this location. This type of use is allowed in the C1- Commercial district. The applicant will be constructing another facility for the actual paint & bodywork at another location in a zoning district appropriate for the paint & body facility. The following are the key issues associated with this plat: 1. Screening Wall: The applicant is aware that a masonry -screening wall is required along the south property line where this property abuts residential zoning to the south. 2. Sidewalks: The applicant is aware that sidewalks are required where this property abuts the service road on Loop 820. 3. Street Lighting: The applicant is aware that an additional street light may be required when this property develops. Any additional street light will be coordinated with the NRH Public Works Department. 4. Curb Cuts: The applicant proposes to have two driveway curb cuts off the Loop 820 Frontage road. The NRH Public Works Department has reviewed the detailed plans for these two curb cuts and has no problem with their location since the service road is one way traffic. This plat is in conformance with the Comprehensive Land Use Plan for the City of NRH. All other engineering comments have been met. The Planning & Zoning Commission considered this request at its October 8, 1998 meeting and recommended approval. RECOMMENDA TION: To approve PS 98-38. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget - 2 Other _ ~ ~ Department Head Signature CITY COUNCIL ACTION EM Fin..,.. OW.ClM Page 1 of 1. . £ - - 1 . &'PtÇ{ (Jt 6900 - ~ ~{ - L.-oo~ 82-ö . t: . . ..... 17= 13 ~ ~ß2 (J) ~ Z ~11 o ~ 12 < (.) . Agenda Item: PS 98-38 . . . PLANNING & ZONING COMMISION MINUTES OCTOBER 8, 1998 5. PS 98-38 CONSIDER THE REQUEST OF GREG MURRAY FOR A REPLA T TO BE KNOWN AS LOT 17R, BLOCK 20, SNOW HEIGHTS ADDITION. (LOCATED IN THE 6900 BLOCK OF NE LOOP 820) APPROVED Mr. Baker explained that this is a replat and the applicant has been advised of the screening wall requirements and has acknowledged them. He has also been advised of the sidewalk and streetlight requirements and accepts these regulations as well. Mr. Jerry Lennox, Service King, stated that they would be willing to lower the grade, if required, due to possible sheet flow water to the south. Additionally he stated the masonry for the required screening wall will match what currently exists. Mr. Nehring, seconded by Mr. Lueck, moved to approve PS 98-38. The motion carried unanimously. Messrs. Nehring, Lueck, Wood, Bowen, Davis, Laubacher and Blue were in favor of this request. Page 4 10/08/98 P & Z Minutes . . . COLLISION REPAIR CENTER September 30, 1998 Mr. LeBaron: We have reviewed the memo from Ms. Julia Skare to you dated September 14, and provide the following comments in response. 1. It is our intention to provide all elevations and information necessary having to do with the "GradinglDrainage Area Map" as requested by the Public Works Department prior to the plat being forwarded to City Council. 2. The "easement dedication" sentences have been added to the closing paragraph after the meter and bounds description on the plat. 3. The width, curb return radii, and dimensions showing the location of the driveway approaches will be added to the grading plan prior to the plot being forwarded to City Council. 4. We understand we will have to fill out five Texas Department of Transportation driveway permit forms with any maps necessary and have the city review and sign prior to us submitting the total package to the State for their review and approval. 5. We will submit plans for and construct a masonry-screening wall along our south property line prior to the City issuing a Certificate of Occupancy for the proposed Service King facility. 6. The appropriate signatures will be added to the Final Plat along with the surveyor's seal and signature prior to plat being forwarded to the City Council. 7. We will construct sidewalk along the north side of our property adjacent to the Loop 820 access road. This notation will be added to the grading plan. 8. We will note the location of existing streetlights near the property on the grading plan. If any additional streetlights are required per the city's criteria we will coordinate with TV Electric and pay the cost for their installation. 9. The "engineers certification" as required by the City has been added to the GradinglDrainage Area Map. 10. Any minor comments noted on the returned plat and plans will be addressed as noted. Corporate JIeaáquarters 'Two ~ore.st pfaza 12201 'Merit 'Drive, Suite 240 Ðaffas, 'TtYQ.S 75251 ('972196().7595 rr: ('07.:2" 0 n.l_1: I:r. -.: I Ja.t.7 I ;;j8~266rvwsite: nntp://WWW..fervKjn¡¡.com CITY OF N$RTH RICHLAND HILLS tit Public Works September 14, 1998 MEMO TO: Barry LeBaron, Director of Planning and Inspections FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS98-38; SNOW HEIGHTS ADDITION; Block 20, Lot 1 R1; Final Plat; Service King We have reviewed the subject documents submitted to this office on August 24, 1998. The following items are for your consideration. DUE TO THE SIGNIFICANCE OF ITEMS #1, WE FEEL THIS PLAT SHOULD NOT BE PLACED ON THE P & Z COMMISSION AGENDA. 1. GRADING/DRAINAGE The drainage area map and grading plan should provide sufficient contour andlor spot elevation to verify the adjacent grades, general flow of the adjacent properties and the drainage areas. This information was previously requested and has not been provided. The need for additional drainage improvements cannot be determined without this information. . 2. EASEMENT DEDICATION The attached easement dedication needs to be incorporated into the closing paragraph after the metes and bound's description on the Final Plat submittal. 3. DRIVEWAY SPACING The width, curb return radii and dimensioned location of the driveway approaches shall be included with the next submittal. These may be shown on the grading plan or on a site plan. 4. TXDOT PERMIT The Plat is bordered by Loop 820 Frontage Road. A TxDOT Access Permit is required. The plans and application (5 sets) should be submitted to Public Works prior to submittal to TxDOT. 5. SCREENING WALL For all new construction on property zoned Commercial which abuts any single-family or two-family residential zoning district, a permanent screening wall of masonry type construction, shall be erected prior to the issuance of a Certificate of Occupancy per the Zoning Regulations, Section 920. . P.O. Box 820609 . North Richland Hills, Texas' 76182-0609 7301 Northeast Loop 820' 817-581-5521 . FAX 817-656-7538 e e . Barry LeBaron Page 2 September 14, 1998 6. SIGNATURES The appropriate signatures need to be added to the Owner's , Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 7. SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks will need to be shown on the construction plans to be located 4'-0 off of the ROW. 8. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing streetlights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional streetlights that may be required based on current ordinances, needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. 9. ENGINEERS CERTIFICATION An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculations. There are numerous comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. These plans are available to the Engineer for revision. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ~JAr.~ J S/smm/pwm9á191 cc: Gregory W. Dickens, P.E. Public Works Director Kevin B. Miller, P.E., Assistant Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 817·581·5515 Application Type: 7-=t Preliminary Plat '---J Property Owner Information: Name of Property Owner: Address of Property Owner: City: DAl-LA5 Proposed Subdivision Name: Application for Subdivision Plat Approval (Please prinr aD responses) --: Final Plat l--J Z Replat . Short Form NI~H - ! i Amended Plat 912 -9~-1sq5 8ff ~I Zip: 7525/ No. of Acres in Plat: No. of Lots in Plat: Phone No. -- .--- T'I- --- Phone No. State: 1><. ___ - ..- ._~ Authorized Agent Information: "Note: An affidavit signed by the property owner is required when the agent is not the property owner. Gh~6G t-1u~-( 127-D \ HG2=ff De-jm.SV£Cf_ _ ~4-0 /t ~ '10 'ßoc.,+ R!A -þ),., ~ 303 c... -.DaLL-AS, Fr. wnl .!~I~~~~:~~9:~~P::':"1 State: Surveyor / Engineer Information: í' Name of Firm:__F vç1ßI~_~_~-Vt:. ':<.\ L--.JGI_ _ h22 __ç._ _ßeL\LI W~ Dç;::6o-ro .- -- - . -------.------.- D~_ f c¿ª63~_ ___.__ _______.___ Name of Authorized Agent: Address: City: Address: City: -~_.~ Contact Person: Plat Fee Calculation: All Preliminary Plats a. Application Fee: b. 51.50 perresidential/ot or 55.00 per commercial acre: Total Fee: 11-7-01 o ' 12 _ .INc. \' A. \ N\ £" J:-.OV¡' Phone No. . ) Sv 118 24-0 972 q(JJ ,:;-qç £ìCT 21 Zip: 162.r¡:; ( Cf7ZZ2-=3D7/ffi -----.------ Zip: 751 Ie:) SSRvIC~ K IN6 ~~K\T Dr2-) State: --r X . -.~---_._- - All Replats. Short Form Plats, and Final Plats a. Application Fee: $120.00 b. 51.50 per residential lot r...¡:;:. or 55.00 per commerciat acre: ? c. 565.00 for each street intersection: All Amended Plats a. Application Fee: b. County plat filing fee: Total Fee: --_._- (none) S58.00 . S58.00 '- d. County plat filing fee: $58.00 . .-. dV Ie>s, ;;.-- . Additional filing fees may be applicable for oversize or extra documents. GJZG~ MvØ2-~ --------- Total Fee: Time Waiver Request: (optional) The applicant is aware that action on this plat may not take place for more than rhit1y (30) days and waives all time requirements for approval of the plat. Signature: 1 œ"'Y .., 1 'm(¡ '1]"'" .. 0-' 0' .. ,rop"" de""",, ,""" ,,' h."by _;1.;' _.;"'" "". .. City 01 """ R"'''''' H" ,., ""'''''''.", te: 1 -~?L___u Your name (Printed Name): Subdivision Plat Application Signature: 4 T~ ~~,3€> CO-418(1-98) CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Council Meeting Date: 10/26/98 ŠubjectConsider the Request of John Barfield for a Replat to be knOWnAgenda Number: PS 98-40 As Lot 1, Block ;:Sf tsrentwood I::.states AdditiOn. (Located In the 8400 Block of Davis Boulevard) John Barfield is the owner of this 1.8-acre tract of land located at the northeast corner of the intersection of Davis Boulevard and North Tarrant Parkway. The property is zoned C1-Commercial and the owner has indicated that this site will become the location for a new Walgreen's. The following are the primary issues associated with this plat: 1. Sewer Extensions: Sanitary sewer service will be provided from an extension of the existing sewer lines in the Thornbridge subdivision located to the south of this site. The construction drawings for these improvements have been reviewed by the Public Works Department and have met their requirements. 2. Water Extensions: The developer is extending water service to the perimeter of his property as required by the NRH Subdivision Regulations. 3. Sidewalks: The applicant has agreed to install sidewalks along Davis Boulevard and North Tarrant Parkway as required by the Subdivision Regulations. Access: The developer is proposing mutual access easements at the north and east property lines adjacent to Davis Boulevard and North Tarrant Parkway, respectfully. This plat is in conformance with the Comprehensive Land Use Plan for the City of NRH. All additional engineering comments have been met. The Planning & Zoning Commission considered this request at its October 8, 1998 meeting and recommended approval subject to the access easements being shown on the plat. RECOMMENDA TION: To approve PS 98-40. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ _Other Acct. Number Sufficient Funds Available Finane" Director Page 1 of e :~ ,~ l,·. TRACT .. 18 e T8ACT 10 6.072 AC TA 10A 11. 256 AC .' . .. TR 108 TR 13 3.0 @ ~5il 4!C "0 ,. , . CO. AD'! 3001 TRACT 48 1. 72 AC I TRACT 3A 19.571 AC ç ~ IT£" TRACT 3Cl N(!)~ lÄ12-'k..A~} TRACT 381 cØJ e Agenda Item: PS 98-40 e e e PLANNING & ZONING COMMISION MINUTES OCTOBER 8, 1998 8. PS 98-40 CONSIDER THE REQUEST OF JOHN BARFIELD FOR A REPLA T TO BE KNOWN AS LOT 1, BLOCK 3, BRENTWOOD ESTATES ADDITION. (LOCATED IN THE 8400 BLOCK OF DAVIS BOULEVARD) APPROVED Due to a possible conflict of interest, Mr. Wood abstained from the discussion and voting of this item. Mr. Baker explained that this 1.8 acres of land is zoned C1-Commercial and is being replatted to accommodate a Walgreen's Drug Store. The applicant has agreed to streetlights and sidewalks. The applicant has also agreed to shared mutual access easements at the joint property lines. There are some sewer issues and Mr. Baker deferred the item to Kevin Miller. Mr. Miller explained that sewer for this property will actually being coming from the south, originating around Thornbridge Phase 5, up through the property at the southeast corner of North Tarrant Parkway and Davis Boulevard. It will continue to North Tarrant Parkway and initially be a stub out that will come west along the north side of North Tarrant Parkway. The onsite developer and engineer will pick it up at the stub out and provide collection within their site. Ultimately, the sewer will be extended to the east of this property, north of North Tarrant Parkway along the low spot, which is where you would normally put a sanitary sewer line. Mr. Nehring, seconded by Mr. Blue, moved to approve PS 98-40, provided the access easements are shown on the plat for informational purposes. The motion carried with a vote of 6 - O. Messrs. Nehring, Blue, Lueck, Davis, Bowen and Laubacher were in favor of this request. Mr. Wood abstained. Page 6 10/08/98 P & Z Minutes CITY OF N@RTH RICHLAND HILLS e Public Works October 1, 1998 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS98-40; BRENTWOOD ESTATES; Block 3, Lot 1; Walgreen's; Final Plat We have reviewed the subject documents submitted to this office on September 14 and October 1, 1998. The following items are for your consideration. 1. REPLA T This replat is a portion of Tracts 3A & 3B. Public Works suggests the all of Tract 3A and 3B to be included in this replat. 2. SANITARY SEWER The proposed plans for the sanitary sewer main shows to tie into a main, to the south, constructed "by others". The main to the south will need to be under construction, prior to start of construction of the public improvements on this lot. The main to the south will also need to be final accepted by the Public Works Department prior to final acceptance of the public improvements on this lot. e 3. DRAINAGE EASEMENTS All storm drain improvements shall be shown in the ROW or contained in a drainage easement. An easement is NOT to be labeled drainage if drainage improvements are not being made, although all easements do need to be labeled. The plat needs to be revised with the next submittal. 4; UTILITY EASEMENTS A 7.5 foot easement is required to be dedicated on both sides of the water and sanitary sewer mains. The proposed sanitary sewer main along the south property line does not have 7.5 feet of easement. This will need to be resolved with the next submittal. 5. OFF SITE EASEMENTS All off site easements and exhibits need to be prepared and forwarded to the Public Works Department for review after construction plans are approved. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat. This includes the utilities located in the County ROW along North Tarrant Parkway. 6. DRIVEWAY SPACING Due to the minimum driveway and street entrance spacing allowed on Major Collectors, no additional (beyond, the one proposed on the submitted plan) access drives will be allowed along Davis Boulevard or North Tarrant Parkway. 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 Planning & Zoning Commission Page 2 October 1, 1998 7. TXDOT PERMIT The driveway approach on Davis Boulevard will require a TxDOT permit after approval by Public Works. The application has been received and will be forwarded when the plans are approved by Public Works. 8. RIGHT -OF-WAY As previously requested, the volume and page of the deed document describing the ROW dedication for North Tarrant Parkway should be shown on the plat. 9. SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature will need to be included on the mylar of the Final Plat. 10. SIDEWALKS The Subdivision Regulations require sidewalks adjacent to all public streets. Sidewalks have been shown as required on the civil construction plans. 11. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. Streetlights are shown at the intersection of Davis Boulevard and N. Tarrant Parkway. A streetlight will need to be added to an existing pole at the north side of the property on Davis Boulevard. Any additional streetlights that may be required based on current ordinances, needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. The construction plans have been submitted and are in the review process. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ~1:~ cc: Greg Dickens, P.E., Public Works Director Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Director of Planning & Inspection Services WARREN E.l-L4GAN, INC. Land Development Consultant e - MEMO TO: JULIA W. SKARE. P.E. STAFF ENGINEER e e FROM: OCTOBER 1, 1998 PROJECT 349 WARREN E. HAGAN, P.E. SUBJECT: PS 98-40 BRENTWOOD ESTATES I BLOCK 3, LOT 1 W ALGREENSS I FINAL PLAT Following is our response to your review comments dated October 1, 1998: 1. Replat 2. Sanitary Sewer 3. Drainage Easements 4. Utility Easements 5. Oft'Site Easements 6. Driveway Spacing 7. TX D.O.T Permit 8. Right of Way 9. Signatures 10. Sidewalks 11. Street Lights The land owner will not participate in replating the entire tract at this time. Agreed See Revised Plat Easement widened to 20-feet to provide for sanitary sewer - See Plat Easement documents previously submitted for review - Furnished again on October I, 1998- Will be signed by Owner upon approval by City. Lot 1, Block 3 does not require any additional drives. We are not in a position to comment regarding the adjoining Owner. Application and Plans previously furnished to the City for transmittal to TX D.O.T. Added to plat Upon approval by the City three signed mylars will be furnished to the City for execution and recording. Agreed One additional streetlight on Davis Boulevard shown on the topographic survey plans. Additional lighting for North Tarrant Parkway being investigated. I¡~ ¿ ~~ Warren E. Hagan, P.E. CC: David Lewis I Lincoln Property Company OFF7CE - 500 GRAPEVINE HWY' SUITE 472 . HURST, TEXAS 76054 PHONE 817-577-1952' FAX 817·788-943J e e - __c:-., .6.Þ .....U,.I':J\X,...~;:,.O~ I at.es CS1 ( :<:::814334 p.el p-z-- gfs' -I.fÙ J&J NRH 100 Family Limited Partnership (,Ja./jrt:'t"015 700 Harwood Road Hurst, Texas 76054 Mr. Greg Dickens. P.E. Director of Pub tic Works City of North Richland HiUs 7301.Northeast Loop 820 North Richland Hilts, Texas 76182-0609 Re: Brentwood Estates Tracts JA and 3B also Proposed Lot I, Block 3 Dear Greg: In reference to the above proposed Lot I, Block 3 of the BrentWood Estates, I have the following comments; 1. I am the owner of the remaining parts of Tracts 3A and 3B and my plans are to extend the 8 inch sanitary sewer main north thru my property in the low area fi'om North Tarrant Parkway to Shady Grove Road. 2. Extending a water main along the east side of Proposed Lot 1, Block 3 does not fit in my overall plans for development of the remaining portion of Tract JA and 3B. 3. As the remaining portions of Tract 3A and 3B are developed the developer will have to address the drainage under Noth Tanant Parkway. If I can be of any futher assistance please give me a can. v/u- John W. Barfield General Partner e City of North Richland Hills 7301 N.E. Loop 820 North Richfand Hills. TX 76180 817·581 ·5515 Application Type: ¡ i Preli~inary Plat ~ Final Plat Property Owner Information: Name of Property Owner: J c I-\. N Application for Subdivision Plat Approval NRH (i'1tas. pri1t II rtsponsos) ~ Replat ~ Short Form II Amended Plat ~ Address of Property Owner: -;00 ßA~FIv'iL/J Ik~~oû ~.tJ. Phone No. 817~ Z8J- 9(W City: '/--I--u r<.. s-r- State: TX Zip: 7foo W Proposed Subdivision Name: ¿DT / /.3LDLK- 3 ß,/( ~/\J/WooO ;t£S77t-T7€-S No. of Acres in Plat: No. of Lots in Plat: 1.633 I 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: Phone No. Address: City: State: Zip: Surveyor / Engineer Information: Name of Firm: La'i Ò í~¡¿AroJJ 01"'\ SUÁI/ ~Y()~5 Phone No. B ì 7 - 6 34-- ~ 4-77 . Address: 1025 N SYLvA tV ¡A City: ~~ vu~~-\ State: ~ Zip: 761 (\ Contact Person: ~~ HcJûk..S Plat Fee Calculation: All Preliminary Plats a. Application Fee: b. 51.50 per residenaallot or 55.00 per commercial acre: Total Fee: $120.00 All Replats, Short Form Plats, and Final Plats a. Application Fee: $120.00 b. 5 t.50 per residenaallot or 55.00 per commercial acre: c. 565.00 lor each street ntersection: All AlTHlnded Plats a. Application Fee: b. County plat filing fee: Total Fee: (none) SS8.00 . $58.00 'I. b 4>S.JO d. County plat filing fee: SS8.00 . Total Fee: -z.5l.. 110 . Additional fØJg fees may be applicabJe for oversize or 1m documents. 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 aU 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 subärvision plat to the City of N 7 - 3ù-e¡ß Your name (Printed Name): JOM IV ßA R. F-I f LD p~ q g .¡;2q CD-418(1-98) Subdivision Plat Application 4 CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Council Meeting Date: 10/26/98 SubjectConsider the R~quest of Legacy Capital Company for a Replat Agenda Number: PS 98-42 10 be Known as Lots 1 K, 2K, 3-7, Block 4, Brentwood Estates Addition. (Located in the 8300 Block of Davis Boulevard) Legacy Capital Company is the owner and developer of this 12.4-acre tract of land located at the southwest corner of the intersection of Davis Boulevard and North Tarrant Parkway. The property is currently zoned C1-Commercial and the developer has submitted a replat which will divide the property into seven (7) commercial lots. The primary issues associated with this replat are as follows: 1. Sewer: The developer is extending sanitary sewer service from the Forest Glenn addition located southwest of this site. These sewer improvements are being made as a cost to the developer and will provide sanitary sewer service to the entire 12-acre tract. 2. Water Extensions: Currently there is a major water line in the ROW of Davis Boulevard, The developer is connecting to this water line and extending a new water line along the south ROW of North Tarrant Parkway approximately 1100' to the western boundary limits of this tract. Additional water lines will be extended within the site to serve all seven (7) lots. 3. Curb Cuts: The applicant has met with the NRH Public Works Department to work out the precise locations for curb cuts to serve this site. Two (2) curb cuts will be allowed from Davis Boulevard. Threé'(3) curb cuts will be allowed from North Tarrant Parkway. This plat is in conformance with the Comprehensive Land Use Plan for the City of NRH. The Planning & Zoning Commission considered this request at its October 8, 1998 meeting and recommended approval provided the far east drive cut on North Tarrant Parkway is deleted and the applicant works with adjoining property owner regarding shared access on the most western drive cut on North Tarrant Parkway. RECOMMENDA TION: To approve PS 98-42 in accordance with the approval of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available - ~}/&- Department Head Signature Cn-V COUNCIL ACTION Fin...."'" Dwedo; Page 1 of .- ---- ----- ---- .55 AC ~ TRACT 4A 15.09 At: <;,IV ~"1 '- €~--- ..--------ifi-. -'-ti ...,-..~. '<M1 '., _.. í SUR \/2t:.1 0 TRACT 4AI TR '4AU þ," 1 NC~TH 5.44~ -r Ar ,. 1> -AJJT TR 4A3 5.63 AC . "5n"t e~ ... !I!fX) ~ .~~ ~ TRQ 5.9l;t e --- ~ ( . .!;.' ., . II') , ',-./ s ~ .. l .. TR 5 9.1 AC .... ~-;;;;.:.:. ._. o' . \;.\. L ~ - ,.;õ"oO ..;.;.. ., 12'- ~==-~"--'.;. \"" .. ., .. . . ., _ ItGØiI._ Agenda Item: PS 98-42 PLANNING & ZONING COMMISION MINUTES OCTOBER 8, 1998 e 9. PS 98-42 CONSIDER REQUEST OF LEGACY CAPITAL COMPANY FOR A REPLAT TO BE KNOWN AS LOTS 1R, 2R, AND 3-7, BLOCK 4, BRENTWOOD ESTATES ADDITION. (LOCATED IN THE 8300 BLOCK OF DAVIS BOULEVARD) APPROVED Mr. Baker explained that this commercially zoned property is the future site for an Albertson's. The sewer will be extended to this property from the Forest Glenn Addition; water extensions will also take place. The main issue associated with this plat is the curb cuts. The developer proposes four (4) curb cuts on North Tarrant Parkway; ordinance currently allows three (3). Additionally, the developer is proposing two (2) curb cuts on Davis Boulevard; that is in conformance with ordinance. The applicant has agreed to all other engineering requirements. e Joe Lancaster, developer of the property, stated they would be willing to work with the adjoining property owner regarding a shared access on the far west end of the development on North Tarrant Parkway (NTP). He will also delete the most eastern curb cut on NTP. An access easement across the north line of Lot 7 to serve Lot 6 will be created. Mr. Lancaster anticipates several of the smaller buildings to be developed prior to the Albertson's; Albertson's informs the developer they propose construction to begin in approximately six-months, with the store opening about nine-months after that. Mr. Davis stated that all engineering comments had been met, the far most eastern curb cut on NTP will be deleted, a common access easement across the north line of Lot 7 will be added and he would entertain a motion on PS 98-42. Mr. Lueck, seconded by Mr. Bowen, moved to approve PS 98-42 as stated by Chairman Davis. The motion carried unanimously. Messrs. Lueck, Wood, Bowen, Davis, Nehring, Laubacher and Blue were in favor of this request. e Page 7 10/08/98 P & Z Minutes CITY OF N*RTH RICHLAND HILLS e Public Works September 28, 1998 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS98-42; BRENTWOOD ESTATES; Block 4, Lots 1 R, 2R & 3-7; Final Plat We have reviewed the subject documents submitted to this office on September 14, 1998. The following items are for your consideration. 1. DRAINAGE Article 3, Section 360 of the Subdivision Regulations requires the developer to furnish, install, or construct, at his own expense, all storm sewers and drainage structure facilities for proper development. These improvements are required prior to building permits being issued on any of these lots. 2. WATER AND SEWER The submitted plans do not provide sanitary sewer services to all lots. Lots 4 & 5 do not have sanitary sewer services indicated. This will need to be included in the next submittal. Article 3, Section 320 of the Subdivision Regulations require the developer to furnish, install, or construct, at his own expense, sewage collection facilities for proper development. These improvements are required prior to building permits being issued on any of these lots. e 3. DRAINAGE EASEMENTS All storm drain improvements shall be contained in a drainage easement. A minimum of 7.5 feet of easement is required on each side of the line. A notarized letter of permission is required from the off site property owner to the west accepting the "grade to drain" shown on the plans. 4. OFF SITE EASEMENTS All off site easements and exhibits need to be prepared and forwarded to the Public Works Department for review. A portion of the storm drain improvements are off site and easements have not been provided. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat. 5. ROW DEDICATION The distance from the centerline of David Boulevard and North Tarrant Parkway to the proposed subdivision has been shown to determine the adequacy ot right-ot-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. As previously requested, sufficient iron pins have not been shown on the drawing together with dimensions to adequately describe these streets. e P.O. Box 820609 . North Richland Hills, Texas. 76182-0609 7301 Northeast Loop 820· 817-581-5521· FAX 817-656-7538 Planning & Zoning Corllmission Page 2 September 28, 1998 e 6. DRIVEWAY SPACING A site plan has been included with this submittal. The driveway spacing does not meet the criteria as outlined in the Public Works Design Manual. The Owners and their representatives have meet with the Public Works staff. Public Works is not opposed to the proposed location of these approaches, although minor revisions are required on the width. 7. TXDOT PERMIT The Plat is bordered by Davis Boulevard (State Highway 1938). TxDOT Access Permits will be required for the 2 approaches permitted along this highway. The TxDOT permit application must be submitted to Public Works for approval prior to submitting to TxDOT. 8. SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 9. SIDEWALKS The sidewalks are shown on the construction plans for N. Tarrant Parkway and Davis Boulevard. The sidewalks along Davis Boulevard need to be shown 4'-0 off of the property line per TxDOT. This needs to be revised on the next submittal of construction plans. e 10. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing streetlights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional streetlights that may be required based on current ordinances, needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. 11. INSPECTION FEES Inspection fees will be due prior to starting construction. The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage. This review was based on preliminary plans and was therefore only cursory. The intention of this letter is to comment on items of significant importance to the general concept. A detailed review will be processed when the final plans are submitted. There are several comments regarding the engineering and construction plans. These comments are being recorded on a set of blueline construction plans and will be available for the Engineer. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not e e e e Planning & Zoning Commission Page 3 September 28, 1998 signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. ~0r.~ JW í mm/pwm98205 / cc: Gregory W. Dickens, P.E., Public Works Director Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Directory of Planning & Inspection Services .. p e l'lÌlli.J!w..G \[i('hdl'[ L. U;lI"I\.. Pl<, 1\1111 J. glll"\. III. PE. I.t',..llt' \\. Pillmill1. PE. (;n'µ:lJI'Y:'· :'trrni..¡ka. PF.. 101111('.. It ¡\.lIi~hr. PE. e e Bury+F ~tman 1\111'\ ,\: I'illlll<lll- )F\\. 11ll'. ( :(III_'\llll i Ilg Ell!!i Ilt'ers/ ~lIl'\"t'\()f'S "II) 11<11'\('" IIi II 1\()<ld'~lIitt: 1m I ¡,"lib. ."',;1.' ï,2,I) ·li·I'Iï2/D91-mll ¡.:. \ Hï2/99 I-I 12ïS \\\\ \\.¡'III'~ pilllll<lIU'(J1l1 September 30, 1998 Via Courier Ms. Valerie Taylor Planning & Inspection Services City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76182-0609 Re: PS98-42 Brentwood Estates, Block 4, Lots lR, 2R & 3-7 Project No. 30125-01 Dear Ms. Taylor: Attached are fifteen (15) folded prints of the final plat for the referenced project. The plat has been revised in accordance with City staff comments received in memorandum to the Planning & Zoning Commission from Ms. Julia Skare, P.E., Staff Engineer, dated September 28, 1998 and a mark-up of the plat also prepared by Ms. Skare. The following comments are provided in response to the comments in the memorandum. (The responses are in the same order as the comments in the memorandum). 1. Acknowledged. 2. Acknowledged. 3. Acknowledged. Copy of a Memorandum of Agreement to Grant Easements recorded in Volume 12441, Page 0568 of the Deed Records of Tarrant County is attached for reference. The memorandum provides for the granting of sanitary sewer and drainage easements on the property located to the west of the subject property. We will coordinate receipt of the letter of permission and drainage easement for the proposed drainage improvements. 4. Acknowledged. Reference response No.3. 5. We have added a found iron rod at the northwest corner of North Tarrant Parkway and Davis Boulevard to the plat. Attached is a Right-of-Way Deed recorded in Volume 9602, Page 2064 of the Deed Records of Tarrant County indicating the conveyance of the 2oo-foot right-of-way for North Tarrant Parkway, therefore, no additional right-of-way is needed from the subject property for North TarrantlParkway. \ \,,,1,, it" I, "I. I J.f \ Ihllll .sil tI \ lIllJrI i4. Bury+P:.." Lman e Ms. Valerie Taylor September 30, 1998 Page 2 Attached is a copy of the Davis Boulevard (FM 1938) plans obtained from the Texas Department of Transportation. The plans indicate a 12Q-foot right-of-way for the existing improved roadway. The distance from the roadway to the right-of-way line and the roadway width measures the same as shown on the plans, therefore, no additional right-of-way is needed from the subject property for Davis Boulevard. 6. Acknowledged. Attached is one (1) print of the site plan showing the revision of the three (3) divided driveways to undivided and 35-feet in width. The public access easements on the plat have been revised accordingly. 7. Acknowledged. 8. Acknowledged. 9. Acknowledged. The revised sidewalk location is shown on the attached site plan. 10. Acknowledged. 11. Acknowledged. The following comments are provided in response to the additional comments marked on the plat. e 1. We have revised the title for the easement recorded in Volume 13166, Page 304. 2. Acknowledge that the proposed drainage and utility easement located along the west and south property lines may require increasing in width. If you have any questions or require additional information, please call. It is our understanding the plat will be on the agenda for the October 8th Planning & Zoning Commission meeting. Sincerely, ~ Michael L. Clark, P.E. Principal MLC/am ce. Joe Lancaster, Arcus Development Tony L. Callaway, T.L. Callaway Architects F:\3125-01 \30125-011trl.do<: e .' City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 817 ·581 ·5515 Application Type: , - i'Preliminary Plat Application for Subdivision Plat Approval Ni~H (Please pml all responses) ~ Final Plat X Aeplat ,Short Form ._~ Amended Plat . -- Property Owner Information: Name of Property Owner: Legacy Cap~!al Company Phone No. (214) 220-0123 Address of Property Owner: 2626 Cole .Avenue, Suite 710 City: Dallas State: Tx Zip: 75204 Proposed Subdivision Name: Brentwood E~tates, Lot lR, 2R, 3-7, Block 4 Replat of Brentwood Estates Lot 1 & Z, Block 4 No. of Acres in Plat: 12.405 ---- No. of Lots :0 Plat: 7 Authorized Agent Information: "Note: An affidavit signed by the property owner is required when the agent is not the property owner" Phone No. (214) 750-4990 Name of Authorized Agent: Jº-~l'-.!nL~I1~aster, Jr.LA~c~s. Realty Corp. . ---~-- _. -- Address: lQ3.O.o_c.entr~ 1 Exp.wy., Suite 450. ---- - -..- - .----- City: )¿ª-.llas_ --------- - . State: Tx Zip: 75231 -.-_.. -----..- urveyor / Engineer Information: Name of Firm: BurL±~_i t tma~:-pFW, Inc. Phone No. (972) 991-0011 .. --_... Address: 5310 Harvest Hill Road, Suite 100 City: Dallas -- - --- .,- State: Tx Zip: 75230 .._._----- Contact Person: Michael L. Clark, P.E. -- ---,---- - - -- ~ _... - . - ..... ---- -- -----.- Plat Fee Calculation: All Preliminar¡ Plats a. ¡"ppiic.a:,cn Fee: 5 12000 All Replats, Short Form Plats, and Final Plats a. Application Fee: 5120.00 b. 51.50 perresidential/ct b. 5 1.50 per residential lot or 55.00 per commercial acre: Total Fee: or 55.00 per commercial acre· c. 565.00 lor each street intersection. d. County plat liling fee· $65.00 All Amended Plats a Application Fee: b. County plat filing fee: Total Fee: (none) S58.oo . 558.00 T oral Fee. S58.00 . $243.00 . Additional filing fees may be applicable for oversize or eA1ra documents. Time Waiver Request: (optional) The applic.ant is aware that action on this plat may not take place for more than thirty (30) days and waives all lime 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. e: 8/'19~ '"PS ~ ~ .t..J ~ --- -~---_... . -_.__.--------_.~ Subdivision Plat Application Your name (Printed Name): Joe J. Lancaster, Jr. 4 CD-418(1-98) CITY 0 F NORTH RICHLAND HILLS e Department: PI~:mflin!J 8- Incspections Council Meeting Date: 10/26/98 SübjectConsider the Request of Ralph Schwab for a Final Plat Agenda Number: PS 98-47 Of Lot 1, Block 1, Schwab Addition. (Located at 8713 Stewart Lane.) Mr. Ralph Schwab is the owner of this 2.2-acre tract of land that is zoned R1S-Special Residential. Mr. Schwab is platting this property so that he may construct a new home at this location. The following are issues associated with this plat: 1. Water Line & Fire Hydrant: The NRH Public Works Design Manual requires that there be a fire hydrant located within 500' of all residential properties. A portion of this property will be located outside of the 500' radius from the nearest fire hydrant. The proposed location of Mr. Schwab's house is covered by fire protection but the undeveloped portion is not completely covered 2. Sewer Improvements: Currently there is no public sewer service available within 300' of this property. Mr. Schwab is proposing to construct a septic tank system, which meets the requirements of the Tarrant county Health Department and the NRH Public Works Department. 3. e Drainage Improvements: The Public Works Department feels that the proposed use of this property as a large residential lot will not significantly increase the amount of runoff from the site. The Public Works Department is not opposed to a covenant beinq siqned for future storm drainaqe improvements. 4. Street Improvements: This property fronts on Stewart Drive. The NRH Subdivision Regulations require that the developer provide his portion of the street improvements, which amount to $41,222.09. The owner has requested a covenant. The street improvement covenant will also include a provision for the required sidewalk. 5. Right of Way Encroachment: The applicant has constructed portions of a brick column fence, which encroach the proposed right-of-way for Stewart Drive. The applicant is requesting a waiver from this encroachment so that he does not have to demolish these brick columns at the present time. The applicant has been advised that when Stewart is improved this encroachment may become an issue. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev,) Sufficient Funds Available .r::~ting Budget ~ Depa~m.£æ~ CITY COUNCIL ACTION /TE F""..· Oir.CI"; I":. Page 1 of This plat is consistent with the Comprehensive Land Use Plan for the City of NRH. The developer has'met all other requirements. The Planning & Zoning Commission considered this request at its October 8, 1998 meeting and recommended approval subject to the engineers comments, a Hold Harmless Agreement be executed for the lack of fire protection to the total and a covenant be signed for future street, drainage and sidewalk improvements. RECOMMENDA TION: To approve PS 98-47 in accordance with the approval of the Planning and Zoning Commission and including in the covenant for streets and sidewalks that removal or relocation of the fence is the responsibility of the property owner. CITY OF NORTH RICHLAND HILLS ---. e "'^ TR.2C1 1 ;..c \ , , \ \ \ . ./ ¡~ .:.;: TH.2 ~71TE. 3.7: ;..c . .~" , ~.: : . :.. e Blo,& ßï2A- T'1, H'. 2 ':'.. TR.31( 2 ~;:' TP1.SIJ ~? . 2 At: : 75A \ 1 2 : 3 4 ~lOI ~1oÇ ~l~'· I ~ COPPER CANYON RD ~ï()IP ,10 ~ 7t.<è7 5 B ~71'- . Ho ?'t. o J I 2" I 20 20 I 21 I ê;:'; ~ I 2.1! :J. c: \ O. .: ,._ .._ l. ." ¡ qt.'\. 1 : ., !, ~ C r;, ~] a: i I .c¡7/}j .f.)\,..... ! J- e Agenda Item: PS 98-47 - ----- -- -. ~-- TH.2'_ 1. I).; ':'C \ .- / "·1 \ TR. 2C \ 1 t.c ! m.2J 2 .:.c . . I l'.Jþ.N S\JL.~ 1 ~ 2ì TM :...., ~ 1 .:.:.; . \ 12 i i 1. . \ ..4 ,n .', ~ e e e PLANNING & ZONING COMMISION MINUTES OCTOBER 8, 1998 10. PS 98-47 CONSIDER REQUEST OF RALPH SCHWAB FOR A FINAL PLAT OF LOT 1, . BLOCK 1, SCHWAB ADDITION. (LOCATED AT 8713 STEWART DRIVE) APPROVED Mr. Baker explained that this is a 2.2 acre tract of land zoned R 1 S-Special Single Family and is the future site of a new home for the Schwabs. The applicant would like to sign a covenant for the future drainage improvements and for the street & sidewalks adjacent to Stewart Lane. Additionally, the property, as is lacks fire protection on one side. Masonry fence posts exist that encroach into the right-of-way and the applicant needs to be aware of this encroachment could be an issue in the future. Mr. Schwab presented this request and stated that he is aware of the encroachment by these masonry columns and that in the future they could represent a problem. He wants to sign a covenant for the future improvements and is willing to execute a Hold Harmless Agreement for the lack of fire protection. Mr. Bowen, seconded by Mr. Laubacher, moved to approve PS 98-47, provided a Hold Harmless Agreement is executed and allow a covenant for the street, drainage and sidewalk improvements. The motion carried unanimously. Messrs. Bowen, Lueck, Wood, Davis, Nehring, Laubacher and Blue were in favor of this request. Page 8 10/08/98 P & Z Minutes , ' ?-'i )- o "fCJ j CITY OF N$RTH RICHLAND HILLS e Public Works September 28, 1998 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS98-47; SCHWAB ADDITION; Block 1, Lot 1; Final Plat We have reviewed the subject documents submitted to this office on September 18, 1998. The following items are for your consideration. 1. WATERLINE The 6" water line located in Chilton Drive may needtq be extended west along Stewart Drive. This extension will be necessary if the Planning and Zoning andlor City Council require the entire lot to be covered in a SOO-foot radial distance of the fire hydrant as required by the Public Works Design Manual. 2. FIRE HYDRANT The Design Manual contains criteria for necessary fire hydrant coverage. It appears the west portion of the lot and the garage will not be within the SOO-foot radial distance of the fire hydrant. The P & Z Commission, with the Preliminary Plat, approved the signing of a Hold Harmless Agreement for the portion of the property without fire protection. e 3. ROW DEDICATION It appears a portion of the existing brick columns for the fence is encroaching the proposed dedicated ROW. The property owner may need to relocate the fence in the future at his expense. 4. DRAINAGE IMPROVEMENTS The Master Drainage plan indicates drainage improvements are necessary with this Plat. The property is proposed to develop as a residential lot. This will not significantly increase the amount of runoff from the site. Public Works is not opposed to a covenant being signed for future storm drain improvements. An engineered grading plan is required with the building permit submittal. 5. STREET IMPROVEMENTS This plat fronts on Stewart Drive. The street needs to be improved to provide curb and gutter along the north right-of-way. The Subdivision Ordinance requires that the Developer provide his portion of these improvements. Public Works is not opposed to the funds being placed in escrow for this improvement. The escrow amount is $88.27/foot at 467 feet for a total of $41,222.09. The owner has requested a covenant. The P & Z Commission approved the execution of a covenant during the Preliminary Plat. 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 , . Planning & Zoning Commission Page 2 September 28, 1998 6. GPS COORDINATES Subdivision Regulations require all new plats to be tied by survey to the GPS. The Final Plat needs to include the NAD83 Texas State Plane Coordinates for at least two property corners. Only one set of GPS coordinates is located on the corner. 7. SIDEWALKS The Subdivision Regulations require sidewalks adjacent to all public streets. The sidewalks will need to be included with the construction plans for coordination purposes. If escrow is provided, the sidewalk is included. Sidewalks would also be included in the street covenant. 8. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. A street light is required on the existing power pole located at the center of the lot. The owner has agreed to this request. 9. ZONING This property has recently been rezoned. The plat shows U AGn which is incorrect. This will need to be resolved with the next submittal. cc: Greg Dickens, P.E., Public Works Director Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Director of Planning & Inspection Services , . ".,.. \ David C. Moak Surveyors, Inc. Registered Professional Land Surveyors e David C. Moak, R.P.L.S. C!¡ns(Jltant Texas . New Mexico . Arizona . Nevada · Acreage · Topography · Subdivisions · Loan Surveys · Investigative Surveys · Construction Layout David W. Myers, R.P.L.S. President e e September 29, 1998 City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Attn: Julia W. Skare, P.E., Staff Engineer Re: PS98-47; LCJl' 1, BLOCK 1, SŒ'lAB ADDITION, Final Plat; Per your comment letter dated 9-28-1998, I have reviewed those comments and have addressed them as follows: Item 1) This item has been addressed on the Preliminary Plat submittal; Item 2) Hold Harmless Agreement is expected to be approved; Item 3) The applicant requests a variance to the encroachment of a portion of his brick column fence due to it being existing prior to the R.O.W. dedication; Item 4) Based on a conversation with the applicant, he has agreed to a covenant for future storm drainage improvements and to provide an engineered grading plan at time of building permit; Item 5) Based on a conversation with the applicant, he has agreed to a covenant for future street improvements; Item 6) Statutory and Case Law, both, clearly support any monumentation set on the per imeter boundary lines of a tract in order to def ine a change in direction for that boundary line is identified as a boundary corner and is, therefore, required to be labelled and monumented as such. Your requirement for two property or boundary corners to be identified with State Plane Coordinates has been satisfied. If further explanations are needed, there are several other practical reasons to support the particular way this was done and I will be happy to discuss them with you. Item 7) Based on a conversation with the applicant, he has agreed for the sidewalk requirement to be made part of the street covenant; Item 8) There are no existing street lights on Stewart Drive and, therefore, request that none be required at this time except for a light to be installed on the existing power pole at the center of the proposed Lot which the applicant has agreed to do; Item 9) I have made the change to the previously submitted plat to reflect the new zoning change and have attached 13 copies of tœ Final Plat reflecting such; If you should have any questions, please do not hesitate to call. David W. Myers RPLS 4~é~_B Bedford Rd. 17) 268-2211 . Fax (817) 282-0401 Member Texas Society of Professional Surveyors & Amencan Congress on Surveying & Mapping , . 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 - (PIt... prin'., '.._su) Application Type: ¡ . Preliminary Plat ~inal Plat :=J Replat o Short Form DAmended Plat Property Owner Information: Name of Property Owner: gALP~ SCJ-. \/JAB RDC>F,...J<::, (5~ ßi:.TTý LANE Phone No. Address of Property Owner: City: \rt0~ST Stale: ~ lip: (b053 Proposed Subdivision Name: No. of Acres in Plat: No. of Lots in Plat: Z, Z30f I Authorized Agent Information: "Note: An affidavit signed by the property owner is required when the agenJ is not the properly owner· Name of Aulhorized Agent: Phone No. Address: City: Slale: lip: Surveyor / Engineer Information: Name of Firm: 'DAvID Q_ HlDA\L Sxz...J@--.fOi!..<s.; fo.JC. Phone No. (ðn) Z/ó~r -z...Z I I Address: \ oS B> £.1) 1=0i2- D Ro.AD City: D~O F<>é2-D Slale: TX Zip: I~OL.Z Conlacl Person: p~,,\ 0 W. M y'I::RS ?~~(De:¡.JT Plat Fee Calculation: All Preliminary Plats a. Applicalion Fee: b, S' .50 perresidenlial 101 or 55.00 per commercial ~:;:e: Tolal Fee: $120.00 All Replals, Short Form Plats, an /_~. . F l.!...!!fpllCallOfl ee: ~er residenli.Jllol or SS.CG p.ar ~7':etcjal acre: S 120.00 All Amflnded Plats a. Application Fee: b. County plat filing lee: Tolal Fee: (none) $58.00 . S58.00 $1.50 c. $65.00 for each street inlersection: @UntyPlat fifing fee: S58.00 . Tolal Fee: .., L~ . Additionaf fifing fees may be appficabfe for oversize or extra documents. Time Waiver Request: (optional) The applicant is aware that aclion on 'his pIal may nol lake place for more than thirty (30) days and waives an lime requirements for approval of the plat. Signature: I certify thaI f am, or represent. the owner of the property descnbed above and hereby submit this subdivision pIal 10 the City of North Richfand Hills for consideration. Dale: Your name (Prinled Name):~-... \ \ ~J,\.~JÚ Þ Signatur9'-~ 0 <- ~~~ 4 ?~ q?, l[ / CD-418(1-98) Subdivision Plat Application e e e CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10/26/98 Subject: Consideration of Amending Council Rules of Procedure - Agenda Number: GN 98-126 Resolution No. 98-52 At the October 12 Council meeting it was suggested that the time for the regular Council meetings be changed from 7:30 p.m, to 7:00 p.m. Section 3.1 of the Council Rules of Procedure sets the meeting times for regular Council meetings at 7:30 p.m. To change the meeting time to 7:00 p.m., the City Council will need to approve an ordinance amending the Council Rules of Procedure. According to the Rules of Procedure, before the Council can take formal action to approve the ordinance amending the Rules, any amendments must first be introduced into record at a previous Council meeting. Resolution No. 98-52 introduces into record the Council's desire to amend the Council Rules of Procedure. An ordinance will then be placed on the November 9 Council Agenda for Council to take action on. The proposed ordinance will revise the meeting time for regular Council meetings and some wording to reflect changes made by the State Legislature. Attached is the proposed ordinance showing these changes. The Council also discussed at the October 12 Pre-Council meeting, their desire for Pre-Council meetings to start at 5:45 p.m. Because the Rules of Procedure do not address the start time for the Pre-Council meetings, the Council will not need to take formal action to start the Pre-Council meetings at 5:45 p.m. Recommendation: To approve Resolution No. 98-52 entering into record the Council's desire to amend the Council Rules of Procedure. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available ifál/Vètd- 11~ Department Head Signature RESOLUTION NO, 98-52 e BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. It is hereby entered into the record that the City Council will amend Section 3.1 of Ordinance No. 984 by changing the time of regular Council meetings from 7:30 p.m. to 7:00 p.m. and will vote on this Ordinance making this change at the City Council meeting of November 9, 1998. PASSED AND APPROVED this 26th day of October, 1998 APPROVED: Charles Scoma - Mayor e ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City e ORDINANCE NO. 2343 DRAFT e BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. Ordinance No. 984 is hereby amended now and Section 3.1 of Ordinance No. 984 shall hereafter reads as follows "3.1 Regular Meetings The City Council shall meet in the Council Chamber of the City Hall on the second and fourth Monday of each month at 7:30 p.m. 7:00 p.m. unless otherwise officially established by the City Council. The call for and conduct of all meetings of the City Council, both rogul:1r and Gpooial aG pro'.'idod in Soction 3.2 hereof shall be in accordance ':/ith ^rtiolo 6252 17 Vornon'c /\nnotatod Civil StatutoÐ, Chapter 551 of the Government Code known as the Texas Open Meetings Act. Passed and approved this 9th day of November, 1998. e APPROVED: Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for the City e CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 0/26/98 GN 98-128 Subject: Appointments to Place 1 and the Alternate Position on the Agenda Number: Planning and Zoning Commission and Capital Improvement Advisory Committee Mr. Paul Miller has resigned from Place 1 on the Planning and Zoning Commission and Capital Improvement Advisory Committee. Councilman Welch is recommending that Mr. Ron Lueck who is currently serving as Alternate on both of these boards, be appointed to Place 1. Mayor Scoma is recommending that Mr. David Barfield be appointed as Alternate to fill the vacancy left by Mr. Lueck. Recommendation: To appoint Mr. Ron Lueck to Place 1 and Mr. David Barfield as Alternate on the Planning and Zoning Commission and the Capital Improvement Advisory Committee, terms expiring June 30, 1999. - Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number Sufficient Funds AvallalJle Department Head Signature Finance Director · ." .,~ CITY OF NORTH RICHLAND HILLS Economic Development Department: Šubject: Approval of Tax Increment Reinvestment Zone Bylaws Agenda Number: 1 0/26/98 GN 98-129 Council Meeting Date: On October 20, the Board of Directors for Reinvestment Zone Number One, City of North Richland Hills, held their first meeting-and adopted the attached Bylaws. The proposed Bylaws set up the purpose and powers of the Zone and its Board and establish the processes for appointing officers, as stipulated by State law. Likewise, the Bylaws confirm the appointment of North Richland Hills' City Manager as the Tax Increment Reinvestment Zone (TIRZ) Manager, as Council Members voted on September 28. You will note that the North Richland Hills City Council will appoint the Board Chairman on an annual basis, in accordance with the Tax Increment Reinvestment Act. Council will be asked to take such action through a later action on the October 26 Council Agenda. Upon your approval, these Bylaws will become effective immediately. Recommendation That the Council accept the recommendation of the TIRZ Board and approve the proposed set of Bylaws. Finance Review Acct. Number Sufficient Funds Available re CITY COUNCIL ACTION Flnane'- Direct"; Page 1 of · BYLAWS OF REINVESTMENT ZONE NUMBER ONE CITY OF NORTH RICH LAND HillS, TEXAS (TAX INCREMENT REINVESTMENT ZONE) ARTICLE I PURPOSE AND POWERS Section 1. Development or Redevelopment in the Zone. In order to promote the development and redevelopment of a certain area within its jurisdiction, the City Of North Richland Hills, Texas (the "City") has authorized the creation of Reinvestment Zone Number One, City Of North Richland Hills, Texas, (the "Zone") following formal notification and presentation of the preliminary financial and project plans to the governing bodies of the other local taxing entities, as authorized by the Tax Increment Financing Act, Chapter 311, Texas · Tax Code, as amended (the "Act"). Pursuant to the Act, the City has likewise established a Board of Directors ("Board") for the Zone. Section 2. Powers. The property and affairs of the Zone shall be managed and controlled by the City Council based on the recommendations of the Board, subject to the restrictions imposed by law, the ordinance creating the Zone, and these Bylaws. It is the intention of the City Council that the Board shall function in an advisory capacity with respect to the Zone and shall exercise only those powers that are either granted to the Board pursuant to the Act or delegated to the Board by the City Council. · . . - ARTICLE II BOARD OF DIRECTORS Section 1. Powers. Number and Term of Office. As set forth in the ordinance creating the Zone, the Board shall consist of nine directors; five of whom shall be appointed by the City Council of the City; one of whom shall be appointed by the governing body of the Birdville Independent School District (UBISD"); one appointed by the governing body of Tarrant County, Texas ("County"); one appointed by the Tarrant County Junior College District ("TCJC"); and one appointed by the Tarrant County Hospital District (UTCHD"); provided, however, that if a taxing unit (other than the City) waives its right to appoint a member to the Board, as evidenced by written resolution duly appointed by the governing body of such taxing unit, the City may appoint such Board member in its stead. Each initial Board member shall serve two-year terms, as stipulated in the Act, or until his or her successor is appointed. Subsequent directors shall be appointed by the governing bodies of the City, BISD, County, TCJC and TCHD and shall serve two year terms until their successors are appointed by the respective governing bodies. In the event of a vacancy caused by the resignation, death or removal, for any reason, of a director, the governing body of the respective taxing unit (i.e. 2 · · · City, County, BISD, TCJC, TCHD) which made such Board appointment shall be responsible for filling the vacancy. Section 2. Meetings of Directors. The directors may hold their meetings within a building accessible to the public in the City as the Board may from time to time determine. Section 3. ReQular Meetings. Regular Meetings of the Board shall be held at such times and places as shall be designated from time to time, by the Board. Notice of all regular and emergency meetings of the Board and any committees thereof shall be conducted and posted in accordance with the provisions of the Texas Open Meetings Act, Article 6252-17, Vernon's Annotated Civil Statutes, as amended. There shall be at least one Regular Meeting held each year in the month of April. Section 4. EmerQency Meetings. Emergency Meetings of the Board shall be held whenever called by the Chairman, by the secretary, by a majority of the directors then in office or upon advice of or request by the City Councilor Zone Manager. The secretary shall give notice to each director of each Emergency Meeting in person, or by courier, facsimile, telephone, telegraph, or electronic 3 . . . mail, at least 24 hours before the meeting. Notice of all Emergency Meetings shall state the purpose, which shall be the only business conducted. Section 5. Quorum. A majority of the directors holding current appointments shall constitute a quorum for the consideration of matters pertaining to the purposes of the Zone. The act of the majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board, unless a greater number is required by law. Section 6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Zone shall be considered in such order as from time to time the Board may determine. At all meetings of the Board, the Chairman shall preside and in the absence of the Chairman, the Vice Chairman shall exercise the power of the Chairman. The Secretary of the Board shall act as ·Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. City staff shall provide notice of meetings and prepare meeting agendas. 4 · · · Within five business days following each Regular and Emergency meeting, a copy of the minutes of the meeting shall be submitted to the City Secretary of the City. Section 7. Compensation of Directors. Directors as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 8. Attendees. Board Members shall make every effort to attend all Regular and Emergency Meetings of the Board andlor any Committees. The City Council may replace a City appointee of the Board or request replacement of an appointee from other taxing jurisdictions for non-attendance. Section 9. Books and Records: ADproval of Proqrams and Financial Statements. The Board shall keep, correct and complete books and records of accounts, and shall also keep minutes of its proceedings and the proceedings of any committees having any of the authority of the Board. All books and records of the Zone may be inspected by any director or his agent or attorney for any proper purpose at any reasonable time; and at all times the City Council and the City Auditor will have access to the books and records of the Zone. The City council must approve all programs and expenditures for the Zone and annually review any financial statements of the Zone. 5 . ACT III OFFICERS Section 1. Titles and Terms of Office. The officers of the Zone shall consist of a Chairman, a Vice Chairman, a Secretary, and such other officers as the Board of Directors may from time to time elect or appoint; provided, however, that the City Council shall, on an annual basis, appoint the chairman in accordance with the Act. One person may hold more than one office, except that the Chairman shall not hold the office of Secretary. Terms of office for officers, other than the Chairman, shall not exceed two years. . All officers, other than the Chairman, shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board. A vacancy in the office of any officer, other than the Chairman, shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the Chairman. The Chairman shall serve as the Chairman of the Board and shall preside at all meetings of the Board. . 6 · Section 3. Vice Chairman. The Vice Chairman shall be a member of the Board, shall have such powers and duties as may be assigned to him by the Board, shall exercise those powers and duties, and shall exercise the powers of the Chairman during that officer's absence or inability to act. Any action taken by the Vice Chairman in the performance of the duties of the Chairman shall be conclusive evidence of the absence or inability to action of the Chairman at the time such action was taken. · Section 4. Secretary. The Secretary shall keep the minutes of all meetings of the Board in books provided for the purpose, helshe shall have charge of such books, records, documents and instruments as the Board may direct, all of which shall at all reasonable time be open to inspection, and helshe shall in general perform all duties incident to the office of Secretary subject to the control of the City Council and the Board. Section 5. Zone Manaaer. The Zone Manager shall be the City Manager, and shall serve as the chief operating officer of the Board, subject to the paramount authority of the Board and the approval of the City Council. He/She shall be in general charge of the properties and affairs of the Zone, shall execute all service contracts, conveyances, franchises, bonds, deeds, assignments, notes and other instruments in the name of the Zone and subject to the Rules and Procedures of the City. The Zone manager shall also oversee all additional staff functions. · 7 · · · Section 6. Staff. Additional staff functions for the Board shall be performed by the Zone Manager and hislher designee(s). Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. ARTICLE IV PROVISIONS REGARDING BYLAWS Section 1. Effective Date. These Bylaws shall become effective upon adoption by the Board and approval by the City Council. Section 2. Amendments to Bvlaws. These Bylaws may be amended by majority vote of the Board, provided that the Board files a written application to the City Council requesting approval of such amendment, specifying in such application the amendment or amendments proposed. If the City Council, by appropriate resolution, finds and approves the form of the proposed amendment(s), the Board shall proceed to amend the Bylaws. 8 · After consultation with the Board, the Bylaws may also be amended at any time by the City Council by adopting an amendment to the Bylaws by resolution of the City Council and delivering the Bylaws to the Secretary of the Board. · Section 3. Interpretation of Bylaws. These Bylaws and all the terms and provisions hereof shall be liberally construed to the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. ARTICLE V GENERAL PROVISIONS · Section 1. Notice and Waiver of Notice. Whenever any notice whatsoever is required to be given under the provision of these Bylaws, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled hereto at his/her post office box as it appears on the books of the Zone. Such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except 9 · · · where a director attends a meeting for the express purposes of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in writing signed by the person or persons entitled to said notice, whether before or after the time stated herein, shall be deemed equivalent to the giving of such notice. Section 2. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if at no time specified, at the time of its receipt by the City Council. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 3. Approval or Deleaation of Power by the City Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the Council, such approval, delegation, advice andlor consent shall be evidenced by official action of the City Council, through a certified copy of a resolution, order or motion. 10 CITY OF NORTH RICHLAND HILLS Economic Development Department: Council Meeting Date: 10/26/98 GN 98-130 Subject: Designation of Tax Increment Reinvestment Zone Chairm9i.eenda Number: On October 20, the Board of Directors for Reinvestment Zone Number One, City of North Richland Hills, adopted a set of Bylaws. The proposed Bylaws were likewise approved by the North Richland Hills City Council earlier in the agenda on October 26, 1998. In accordance with the Tax Increment Reinvestment Act, the NRH City Council is to appoint the Tax Increment Reinvestment Zone Board Chairman on an annual basis. Upon such action, the TIRZ Board will elect a Vice Chairman and Secretary at its next regularly scheduled meeting. Recommendation That the Council appoint the first Chairman of the Reinvestment Zone Number One, City of North Richland Hills, Texas, for a one year term. Finance Review Acct. Number Sufficient Funds Available FI,.."cè DlreC1'; Page 1 of CITY OF NORTH RICHLAND HILLS L Economic Development Department: Šubject: Approval of Tax Increment Reinvestment Zone Financial Plan Agenda Number: 10/26/98 GN 98-131 Council Meeting Date: On October 20, the Board of Directors for Reinvestment Zone Number One, City of North Richland Hills, held their first meeting. As required by State Law, the Tax Increment Reinvestment Zone (TIRZ) Board of Directors approved the TIRZ Financial Plan to create a Tax Increment Financing (TIF) District in and around the 42-acre Richland Plaza shopping center development. You will recall that the preliminary Financial Plan was mailed to each taxing entity in July and presented formally to each governing body prior to September 14, 1998. The TIRZ Financial Plan submitted for Council consideration-and approved by the TIRZ Board of Directors-is identical to what was proposed in July. Recommendation That the Council accept the recommendation of the TIRZ Board and approve the Tax Increment Reinvestment Zone Financial Plan. Finance Review Finance' Direct"; Page 1 of I I. I I I I I I I I I I I I , , .. I i I I I I I I I I I I I I I I. I I I I I~ CITY OF NORTH RICHLAND HILLS TAX INCREMENT REINVESTMENT ZONE NO.1 PRELIMINARY FINANCE PLAN July 8, 1998 PREPARED BY: I[ FIRST SOUTIl\'vtST COMPANY CITY OF NORTH RICHLAND HILLS TAX INCREMENT REINVESTMENT ZONE NO.1 FINANCING OPTIONS FOR TAX INCRE:NŒNT SUPPORTED DEBT 2 - -. I , , - - , , .. ~ I - I I , I. I I CITY OF NORTH RICHLAND HILLS T AX INCREMENT REINVESTMENT ZONE NO.1 DEFINITION OF TERMS · The City creates the Tax Increment Reinvestment Zone (TIRZ). · The Base Value is the value that is on the ground when the TIRZ is Created. · The Captured Assessed Valuation is the real property which is added to the tax base after TIRZ is created. The Captured Assessed Valuation does not include personal property. · The TIRZ has no taxing powers; however, partIcIpating overlapping political subdivisions' tax revenues generated on the Captured Assessed Valuation are diverted to the Tax Increment Fund. · Tax increment revenues can only be used for the benefit of the property within the TIRZ, including paying for capital improvements and paying debt service on bonds issued for improvements. · A TIRZ has a defined period of existence which may be related to the tenn of debt. Once the TIRZ is abolished, the tax revenues are no longer diverted to the Tax Increment Fund. · The City creates the TIRZ and is the issuer of debt and is therefore responsible for the payment of the Debt. Other participating political subdivisions allow their tax revenues to be diverted to the Tax Increment Fund and have representation on the TIRZ Board. 3 - _. l ¡ ~ ~. -- t l - ¡ ¡ " I " I · , · I · I ~ ~ CITY OF NORTH RICHLAND IDLLS T AX INCREMENT REINVESTMENT ZONE NO.1 FINANCING OPTIONS FOR TAX INCREMENT SUPPORTED DEBT Comhination Tax and TIRZ Revenue Certificates of Ohligation · Same rating as general obligation bonds~ · Requires a pledge of tax increment revenues and ad valorem property taxes~ · Are subject to vote if petitioned by 5% of the registered voters; · Most cost effective debt option~ · Sold on a more timely basis. TIRZ Revenue Bonds · Supported solely by the revenues generated by the TIRZ zone~ · Cannot generally be marketed until improvements are on the ground; · Generally, these are sold at a lower rating than certificates of obligation~ · They require the use of a Reserve Fund and restrictive additional issuance covenants~ · Higher borrowing costs. 4 . t , ~ ¡ ,. CITY OF NORTH RICHLAND HILLS ¡ t ~ - TAX INCREMENT REINVESTMENT ZONE NO.1 ~ ~ FLOW-OF-FUNDS IJ - Ij Tax Increment Revenues 11 City Ad Valorem Property ~ Tax Revenues I') , , [ Interest Earnings on Tax Increment Fund Construction Fund (1) I· , i , ! , I , ! ( Debt Service Fund f---- - --.. -- -.--.-.-.----- ,: ( Bond Holders ( ( - .---- (I) Ihecessary. ( . - ..----.- -- (2) Durine construction period only. I. I f 5 - I -- II I ~ ,. ~ M ! ~. · .: , , ! · I III \ , · r · r 'Ie CITY OF NORTH RICHLAND HILLS TAX INCREMENT REINVESTMENT ZONE NO.1 SOURCES OF TAX INCREMENT FUND REVENUES 6 I I. I I I ~ , · II l' II III II II · · -- · II CITY OF NORTH RlCHLAND HILLS Tax Increment Reinvestment Zone No.1 Sources of Funds Sources of Funds Amount Certificates of Obligation Interest Earnings on Construction Fund $ 850,000.00 50,000.00 $ 900,000.00 Total Sources of Funds 7 CITY OF NORTH RlCHLAND HILLS T AX INCREMENT REINVESTMENT ZONE NO.1 PRELIMINARY FINANCE PLAN PROJECTED TAX INCREMENT FUND CASH FLOWS . . .' , i ~ l ~ II 8 ~ ! , ,. , , I I ì I .~ ; I ';'. ~ J k ~ I FL ~ Ie .;,~ 1...- I . ~ .- Fiscal Year 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 CITY OF NORTH RICHLAND HILLS Tax Increment Reinvestment Zone No.1 Estimated Tax Revenues level ofP~rticip~tion' 100% 100% 100% 100% 100% Total City of Tarrant Tarrant Cty. Tarrant Cty. Birdville Total Captured N. Richland Hills County Jr. College Hosp. Dist. ISD (2) Tax Revenues Valuation(l ) $ 0.570000 $0.264840 $0.057690 $0.234070 $ 1.500500 $ 2.627100 2,500,000 14,250 6,621 1,442 5,852 37,513 65,678 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207 5.375,000 30,638 14,235 3,101 12,581 80,652 141,207 5,375,000 30,638 14,235 3,101 12,581 80,652 141,207 5.375,000 30,638 14,235 3,101 12,581 80,652 141,207 (I) Source: Today Richland Center LP (2) Assumes total captured value ofS5.375.000 by September 30. 2000, If the projected captured value is not achieved. the TIRZ may not accumulate sufficient revenue to call all $425. 000 of the callable Certificates in FY2008. If the revenues are not sufficient. the Certificates will continue to be paid ofT annually until all certificates are redeemed or until final maturity in 2018. which ever comes first. 9 ,. Ie I I I I I I I .. II II - II II II -. II II CITY OF NORTH RICHLAND HILLS Tax Increment Reinvestment Zone No.1 Tax Increment Fund - Estimated Coverage Calculations $ 850,000 Estimated Estimated Estimated Estimated Certificate Certificate Surplus Cumulative Fiscal Pledged Debt Coverage Certificate Surplus Year (1 ) Service Ratio Coverage Coverage Revenues 1998 n/a 1999 $ 65,678 $ 96,541 n/a (2) 2000 141,207 81,998 1.72 $ 59,209 $ 59,209 2001 141,207 79,813 1.77 61,394 120,602 2002 141,207 77,628 1.82 63,579 184,181 2003 141,207 75,443 1.87 65,764 249,945 2004 141,207 73,257 1.93 67,950 317,894 2005 141,207 71,072 1.99 70,135 388,029 2006 141,207 68,887 2.05 72,320 460,348 2007 141,207 66,702 2.12 74,505 534,853 2008 141,207 489,516 (3) n/a n/a 186,544 (4) (I) Assumes total captured value of $5,375,000 by September 30, 2000. If the projected captured value is not achieved. the TIRZ may not accumulate sufficient revenue to call all $425, 000 of the callable Certificates in FY2008. If the revenues are not sufficient, the Certificates will continue to be paid ofT annually until all certificates are redeemed or until fmal maturity in 2018, which ever comes first. (2) Paid from interest earnings on construction fund. (3) Includes $425,000 which represents the principal amount of the caIlable portion of the Certificates, to be paid out of Cumulative Surplus Revenues generated by the TIRZ. (4) Estimated surplus after calling and retiring all outstanding Certificates associated with the project. 10 CITY OF NORTH RICHLAND ffiLLS, TEXAS TAX INCREMENT REINVESTMENT ZONE NO.1 TENTATIVE TIMETABLE OF EVENTS Day Action Staff and First Southwest Company prepare a conceptualized financing plan for City Council review and comment 30 City Council authorizes the team to move forward with the creating a financing plan and project plan. 60 Presentation of Preliminary Financing Plan and Preliminary Project Plan to City Council. 90 Presentations to overlapping jurisdictions 100 City Council calls a Public Hearing (60 day notice) lIS Within IS days, the overlapping jurisdictions appoint a representative to meet with the City. 160 Formal presentations to the overlapping jurisdictions 160 Public Hearing; City Council creates the tax increment reinvestment zone r ~ ~ ~ I 175 Overlapping jurisdictions vote to participate in the TIRZ 180 First TIRZ Meeting: Board approves the Preliminary Financing Plan and Preliminary Project Plan 190 City Council ratifies Preliminary Financing Plan and Preliminary Project Plan 195 Overlapping jurisdictions vote to contract with the City pursuant to the Financing Plan and Project Plan 200 Begin Bond Issuance Process I ," January 1, 1999 First increment is realized I. I I II CITY OF NORTH RICHLAND HILLS Economic Development 10/26/98 Department: Council Meeting Date: Approval of Tax Increment Financing Agreement GN 98-132 Subject Agenda Number: - . : With the Rirciville Inciepencient ~r.hnnl ni~trir.t Representatives of the Birdville Independent School District (BISD) have expressed concern for their participation in the Tax Increment Reinvestment Zone (TIRZ)--and the possible impact on BISD's State funding. As the law is currently written, the Tax Increment Financing (TIF) District will have no impact on State funding to BISD. BISD would like to have the ability to adjust their contribution in the event that the law does change, affecting their payments or contributions under Texas school financing laws. It is the opinion of City staff and BISD staff that even if the law is changed, all TIF Districts created before any change passed by the Texas Legislature will be grandfathered. The attached Draft Agreement provides for the possibility that the law changes and current TIFs are not grandfathered (see Section 1.a.)-and it was approved by the TIRZ Board of Directors at their first meeting on October 20, 1998. It's important to note that if BISD's participation in the TIF does affect their State funding-and therefore does in fact reduce the percentage of their annual payment-the life of the District is likely to be extended past the preferred 10 years. The bonds must be repaid within 20 years. Ed Esquivel of Fulbright Jaworski (North Richland Hills' Bond Attorney) has indicated that the Tax Increment Financing Act provides for a difference in TIFs--whether created through property owner petition or City initiation (as is the case here)-and he believes the TIRZ has no authority for such an agreement. Mr. Esquivel believes that if challenged, such an agreement may not hold up in court since the Act stipulates that each taxing unit notify the Board in writing of its percentage of determination on or before the 60th day after the City Council approves the Financing Plan. Nevertheless, City and BISD staff believe such an agreement does provide a structure for the City, the TIRZ Board and BISD to follow in negotiating BISD's level of participation-and may serve as BISD's notification as required by law. Recommendation That the Council approve such an agreement with the Birdville Independent School District- and empower the City Manager to execute said agreement. Source of Funds: Bonds (GO/Rev.) Operating Budg t er Finance Review Account Number Sufficient Funds Avallabje ~ Finance Director · CITY OF NORTH RICHLAND HILLS AND BIRDVILLE INDEPENDENT SCHOOL DISTRICT AGREEMENT TO PARTICIPATE IN THE RICHLAND PLAZA TAX INCREMENT. FINANCING DISTRICT THIS AGREEMENT TO PARTICIPATE IN REINVESTMENT ZONE NUMBER ONE, CITY OF NORTH RICHLAND HILLS (the "Agreement") is made and entered into by and between the City Of North Richland Hills, ("City"), a municipal incorporation and the Board of Trustees of the Birdville Independent School District ("BISO"). WITNESSETH: WHEREAS, in accordance with the provisions of the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311, (the "Act"), and after due notice to the BISD and other taxing units levying real property taxes in the area, the City Council of the City, pursuant to Ordinance No. 2333 (the "Ordinance"), adopted on September 14, 1998, created, established and designated "Reinvestment Zone Number One, City Of North Richland Hills, Texas" (hereinafter called the "Reinvestment Zone") under the Act; and · WHEREAS, the Act provides that each taxing unit levying taxes on real property in a reinvestment zone may determine the portion of the tax increment produced that it will retain, if any, by notifying the Board of Directors of the Zone in writing of that percentage on or before the 60th day after the date on which the governing body of the municipality approves the reinvestment zone financing plan as provided by Section 311.011 (d). Likewise, the governing body of a taxing unit may not decrease the portion of the tax increment that it has determined to dedicate to a reinvestment zone after the project plan is approved; and WHEREAS, the City desires to enter into an agreement with BISD prior to the 60th day after the City approves the reinvestment zone financing plan; and WHEREAS, a tax increment agreement under the Act may be entered into any time before or after the zone is created, and such agreement may include any conditions for payment of the tax increment into the fund and must specify the portion of the tax increment paid into the tax fund and the years for which that tax increment is to be paid into the tax increment fund; and WHEREAS, the City and BISD desire to enter into this Agreement. NOW, THEREFORE, the City, Board and BISD, in consideration of the terms, conditions, and covenants contained herein, hereby agree as follows: · . Section 1. BISD Participation BISD agrees to pay into the Tax Increment Fund 100% of taxes levied and collected against the captured appraised value of real property as determined in Section 311.012 of the Act, in said "Reinvestment Zone" subject to the following terms and conditions: a. BISD shall retain, from the taxes described above, the amount necessary to offset any negative impact on BISD, as a result of its participation in the Reinvestment Zone, relating to State funds that would otherwise be received by BISD or relating to amounts that must be paid or contributed by BISD under school finance law. Each fiscal year, BISD shall calculate the amount necessary to offset such negative impact, if any, and shall deduct such amount from the payment made pursuant to section 311.012 of the Act. Each such calculation shall take into account any adjustments to the amount calculated for the previous year that should be made in order to reflect the actual impact on the School for such previous fiscal year. In return, BISD shall document these calculations and report them to the Board within 30 days of paying the annual increment. b. The boundaries of the Reinvestment Zone are and shall be those boundaries described in the Ordinance. . c. Within the boundaries of the Reinvestment Zone, a mixed-use business center of 290,000 or more square feet of enclosed office, manufacturing, retail, service andlor distribution space and other out parcel development is proposed to be constructed. d. The land within the boundaries of the Reinvestment Zone is to be appraised by the central appraisal district in 1998 for ad valorem tax purposes and for establishing the tax increment base referenced in Section 311.012 of the Act. e. The total principal amount of bonds issued to pay public improvement costs for the Reinvestment Zone pursuant to Section 311.015 of the Act shall not exceed Eight Hundred Fifty Thousand Dollars ($850,000) in present value 1998 funds. Total issuance costs will be approximately $8,500. . 2 f. All amounts paid into the tax increment fund shall be used solely to repay cash expenditures for project costs or the principal of and interest on bonds, notes or other evidence of indebtedness issued to finance project costs under the Act and generally accepted accounting principles to the administration of the Reinvestment Zone; however, in no event shall any of the amounts paid into the tax increment fund be used to pay any overhead or administrative cost of City employees or officials for time spent or services rendered with respect to the Project. . Section 2. In accordance with Section 311.013 of the Act, BISD shall not be required to pay tax increment into the tax increment fund of the Reinvestment Zone after three years from the date the Reinvestment Zone has been created unless: a. cash has been expended for the Reinvestment Zone under Section 311.015 of the Act to finance the Project, or b. construction of the Project pursuant to the project plan has begun in the Reinvestment Zone. . Section 3. As inducement to BISD to enter into this Agreement, the City agrees that no cash will be expended to construct the Zone Project until (a) a final project plan and financing plan has been prepared and adopted by the Board of Directors of the Reinvestment Zone and approved by City Council of the City and (b) the City has been furnished documentation and evidence satisfactory to the Board of Directors of the Reinvestment Zone and the City to the effect that all final agreements and arrangements for the construction of the Project have been completed and executed and all major construction contracts necessary to complete the construction have been awarded. Section 4. The term of this Agreement shall be for three years from the date the Reinvestment Zone was created, in accordance with Section 2, or until all cash expended for the Reinvestment Zone under Section 311.015 of the Act, or refunding bonds issued to refinance the bonds issued under Section 311.015 of the Act, have been fully paid and discharged, whichever event shall be the latest to occur. Section 5. City and BISD shall each be responsible for the sole negligent acts of their officers, agents, employees or separate contractors. I n the event of joint and concurrent negligence of the City and BISD, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City and BISD under Texas law and without waiving any defenses of the parties under Texas law. . 3 . . . Section 6. Administration. This agreement shall be administered by the City Manager or his designee(s). Section 7. -,Notice. Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the addresses shown below: If intended to the City or the Board, to: City Manager City Of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 If intended for BISD, to: Superintendent of Schools Birdville Independent School District 6125 East Belknap Haltom City, Texas 76117 Or to such other addresses as the parties may request, in writing, from time to time. Section 8. Governing Law and Venue This Agreement is made subject to the provisions of the Charter and ordinances of the City, as amended; Texas constitution, codes, and statutes; and all other applicable state and federal laws, regulation and requirements, as amended. Venue shall be exclusively in Tarrant County, Texas. Section 9. Binding Agreement This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. No third party shall have any rights herein. Section 10. Execution. This Agreement shall become a binding obligation on the parties upon execution by all parties. Each party hereto warrants and represents that the individual executing this Agreement on behalf of such party has full authority to executive this Agreement and bind such party to the same. This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one in the same agreement. 4 . Section 11. Entire Agreement. This Agreement embodies the complete understanding of City and BISD, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein. This Agreement may be amended, modified, or supplemented only by an instrument in writing executed by City and BISD. Any alterations, additions or deletions to the terms of this Agreement required by changes in federal, state or local law or regulations will be automatically incorporated into this Agreement without written amendment, and shall become effective on the date designated by such law or regulation. EXECUTED this the day of , 1998, by the City, signing by and through its City Manager, duly authorized by Resolution No. approved on , 1998, and by BISD, through its duly authorized officials. APPROVED AS TO FORM: CITY OF NORTH RICHLAND HILLS Rex McEntire City Attorney Larry Cunningham City Manager . BIRDVILLE INDEPENDENT SCHOOL DISTRICT By: Dr. Bob Griggs Superintendent of Schools . 5 . .~.:.~~ C)~ ~ ~ ~ ; ~ 6 d o 00 C\ C\ - ;... 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