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HomeMy WebLinkAboutCC 1997-11-24 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA NOVEMBER 24, 1997 - G:OO P.M For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. - G_CTION TAKEN NUMBER ITEM - "- 1. GN 97-135 Approving Agreement with Arcadia Realty Corporation to Participate in Funding a Market Position Analysis and Amending the 1997 ID8 Budget (Agenda Item No.15) (5 Minutes) 2. Discuss Other Regular Agenda Items (10 Minutes) " 3. IR 97-146 Regulate Electrical Usage at Green Valley Community Park and Soccer Complex (5 Minutes) " ..., 4. IR 97-148 Discuss Goal Setting Meeting (15 Minutes) ---- " 5, Other Informational Items (5 Minutes) " 6, *Executive Sess!or. ,(40 Minutes) "" The Council may enter into closed executive session to discuss the following: A. Litigation Gov. Code §551.071 Harper vs. City NRH (Federal Court) B. Land Acquisition Gov. Code §551.052 Hightower Project and Calloway Branc") Drainage Project c. Personnel Matter Gov. Code Section §551.074 - City Manager I L "- II ... - Page 2 NUMBER ITEM ACTION TAKEN I - I I I 7, Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. , , .' If) , , , ( ,} . { I i l ¡ I 'r i i CITY OF NORTH RICHLAND HILL S CITY COUNCIL AGENDA NOVEMBER 24, 1997 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p,m. The below listed items are placed on the Agenda for discussion and/or action. 1 . Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting an::! who may need assistance should contact the City Secretary's office at 581-5502 two v/orking days prior to the meeting so that appropriate arrangements can be made. = NUMBER ITEM ACTION TAKEN 1. Call to Order .. 2. Invocation .. 3. Pledge of Allegiance 4. Special Presentations ,.. 5. Removal of Item(s) from the Consent Agenda c I 6. Consent Agenda Item(s) Indicated by Asterisk (7, 8, 12, & 17) '.. Page 2 "- NUMBER ITEM ACTION TAKEN .. *7. Minutes of the Pre-Council Meeting November 10, 1997 = *8. Minutes of the Regular Meeting November 10, 1997 .. 9. PZ 97-46 Public Hearing to Consider Amending the NRH Master Plan within the Mid-Cities Overlay Zone - Ordinance No. 2256 ~ 10, PS 97-50 Request of Steven Hester, Rob McCauley & Vicki Thornton for a Replat to be known as Lots 3R 1-3R3, Block 2, Walker Branch Addition (Located in the 8700 block of Grapevine Highway) .. 11, PS 97-52 Request of Barfield Dickinson Joint Venture for a Final Plat of Lots 1 & 2, Block 1, Nob Hill Centre Addition (Located in the 6600 block of Precinct Line Road) *12. GN 97-132 Consider Amending Ordinance No. 1927, the NRH Mechanical Code- Ordinance No. 2252 = 13, GN 97-133 Establishment of a Reserve for Replacement and Repair of Infrastructure at the Aquatic Park - Resolution No. 97-54 .. Page 3 NUMBER ITEM ACTION TAKEN - 14. GN 97-134 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 97-55 .. 15. GN 97-135 Approving Agreement with Arcadia Realty Corporation to Participate in Funding a Market Position Analysis and Amending the 1997/98 Budget " 16. PU 97-105 Award of Contract to NGBS, International for Purchase of the Master Blaster Slide - Resolution No. 97-56 " *17. PW97-25 Approve City-Developer Agreement for CIP Sewer System Improvements with Keller-Smithfield, L.T.D. for the Brandonwood Estates Subdivision .. 18. Citizens Presentation I 19, I Adjournment r: I ,I) MINUTES OF THE BEAUTIFICATION COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE NORTH RICHLAND HILLS, PRE COUNCIL CHAMBERS LOCATED AT 7301 NORTHEAST LOOP 820 AUGUST 19,1997 ATTENDANCE Present: Deloris Pultz Patsy Tucker Jane Dunkelberg Billie Sommermeyer Emily Ward Jeanne Lueck Glenn Nerwin Pam Hofmann STAFF Tim Hightshoe Absent: Sandra Miller Chairperson Vice Chairper~;on Commission f\1ember Commission Member Commission Member Commission Member Alternate Commission Member Alternate Commission Member Parks Superirtendent Secretary 1. CALL TO ORDER Ms. Pultz called the meeting to order on August 19, 1997 at ï 12 p.m. 2. APPROVAL OF THE MINUTES Ms. Jeanne Lueck made a motion, seconded by Jane Dunkelberg, to approve the minutes of the July 15, 1997 Beautification meeting with the correction of changing the word of sustained to abstained in item number seven "Election of Chairperson and Vice Chairperson". Motion carried 7-0 3. YARD OF THE MONTH MAGNETIC SIGNS Ms. Tucker informed the commission that she has received feedback from the "Yard of the Month" judges that they would like to request some way to identify who they are and what they represent while judging in the neighborhoods. Discussion was held and members evaluated the possibility, concluding that magnetic signs would improve the visibility and promote the program as well as identify volunteers who do drive slowly through neighborhoods viewing yard of the month nominations, Current research estimated the cost of a 6"x18" sign at $30.00 per set with the verbiage of "Yard of the Month Judge" installed on the sign. Through discussion the commission members agreed that they would like to see these sign purchased for the judges with the following changes. Sign should read: YARD OF THE MONTH JUDGE NRH Beautification Commission Due to added verbiage and size the cost of the signs may change. Jane Dunkelberg made a motion seconded by Billie Sommermeyer to appoint Patsy Tucker and staff to proceed with the development and purchase of signs not to exceed $250.00, 4. YARD OF THE MONTH T-SHIRTS Ms. Tucker made a presentation of rewarding" Yard of the Month" judges and, or "Yard of the Month" recipients with a T-shirt promoting the program. This item is to be considered for next years competition. Estimated cost tor shirts were determined to be approximately $6.00 each with 80. shirts being required annually. This would be an annual cost of $480.00. Ms. Tucker would like to see a design like this: Yard of the Month Tree Graphic Looking Great (Curved) Jane Dunkelberg made a motion seconded by Emily Ward to table this item to latter elate allowing for more information to be gathered or possibly a sponsor found to promote the program. Motion carried 7-0. 5. STAFF REPORTS Mr. Hightshoe updated the commission on the status of IronKids Triathalon and inform,.! members that its not to late to volunteer if interested. Contact I\~onica Walsh at the Parks and Recreation administrative offices. Mr. Hightshoe presented the Gold Medal video for viewing to the commission. 6. DISCUSSION OF OTHER ITEMS / CITIZEN INPUT Glenn Nerwin updated and thanked the commission for his training opportunity with the Society of Ecological Restoration. Several sessions were he d that dealt with wetlands, prairie restoration and stream restoration. Glenn stated that the seminar would prove to be very beneficial to the city since several sources of agencie~;, information and possible plant material sources were gathered. Glenn will submit a writ'en report to be included in the September packet. Glenn Nerwin stated that he would like to see development and implementation on the "Xeriscape Award" that the commission agreed to develop. Mr. Nerwin requested that other members assist in the development of the judging criteria to eliminate having just one persons view. A sub-committee was formed of Glenn Nerwin, ,lane Dunkelberg and Emily Ward to develop the judging criteria for this program. Mr. Nerwin stated that he had sources to provide a prize or an award that would be used in the program. Statements were made that with the limited amount of correctly xeriscaped 'ýards and businesses that this award should be presented once on an annual basis. Jane Dunkelberg requested that staff include a copy of the ::xecutive Summary in the September packet that was sent to Keep Texas Beautiful for tr e Governors Achievement Award. Jane Dunkelberg brought posters and information to the Commission Members on the "Keep Texas Beputiful" Texas beaches clean up. Patsy Tucker informed the commission that new certificates were ordered and will be used next month for the "Yard of the Month" program. There were '130 certificates ordered, Deloris Pultz reminded commission members of the August 25 1997 City Council meeting and presentation of "Yard of the Month" and "Keep Texas Beautiful" Awards, Discussion was held and agreement that there would be a v/orkshop on September 2, 1997 in the Pre-Council chambers if possible. Commission members requested that Patsy Tucker look into Jetting and sending a card to Christina Lopez. 7. ADJOURNMENT Ms. Pultz adjourned the meeting at 8:22 p.m. ~~~ Tim Hightshoe Parks Superintendent MINUTES OF THE REGULAR MEETING OF THE TOWN HALL COMMITTEE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 30,1997 - 7:00 P.M. 1. CALL TO ORDER The meeting was called to order by Chairman Ross Hood at 7:)0 p,m. 2. ROLL CALL Present Chairman Ross Hood Jim Kemp Rick Graves Aline Parker Greg Werking Staff: Asst. City Manager Randy Shiflet Absent Thomas Hodge Jerry Tyner Ron Lueck Chairman Hood asked the committee to identify themselves for the tape recording of the meeting so that minutes can be typed. 3. MINUTES OF SEPTEMBER 16,1997 MEETING Committee Member Kemp moved, seconded by Committee Member Werking, to approve the minutes of the September 16 meeting with the correction of the appointment of Ross Hood as Chairman to the Town Hall Committee. Motion carried 5-0 Assistant City Manager Shiflet informed the committee that copies of the September 16 minutes will go to the Council at the October 13 Council meetin~J. Page 2 4. NOVEMBER 6, TOWN HALL MEETING NOTIFICATIONS Chairman Hood informed the committee that the original date for the Town Hall Meeting of November 4 is an election day. The back up date of Noverr ber 6th will be the date of the Town Hall meeting. Assistant City Manager Shiflet told the committee that notices and questionnaires would be in three water billing cycles, the October 15, 22 and 30. The October 30 billing cycle will arrive at the citizens homes no later than the November 3. Copies of the questionnaires received will be given to the committee and the appropriate departments for a response. There was some discussion about publication in the city newsletter. Assistant City Manager Shiflet informed the committee that administration was not sure if the timing would be right for publication of the Town Hall meeting. Assistant City Manager Shiflet will handle the water bill inserts Communication Officer Parker updated the committee on notifcation to the Star Telegram and the Dallas Morning News. She also advised Citicable will run advertisement for a couple of weeks, and she would like to place posters at area grocery stores. Assistant City Manager Shiflet will reserve the Council Chamb::~rs for the November 6, Town Hall Meeting. Committee Member Kemp suggested that the Homeowners' ,Association Liaison Jerry Tyner be given a list of the Homeowners' Associations so that he can notify them about the Town Hall meeting, Committee Member Graves asked if portable signs could be placed at all city facilities. Assistant City Manager Shiflet advised he would have the only city portable sign placed at the Fire Administration Complex on Mid-Cities Blvd., and he would ask the City Secretary's office to make and distribute colored paper flyers 10 be posted on bulletin boards at all city departments. 5. TOWN HALL AGENDA Assistant City Manager Shiflet advised the committee that aftE~r discussion with City Manager Cunningham an update to the citizens on the benefits from the Crime Control District Tax should be discussed at the Town Hall meeting. Page 3 Assistant City Manager Shiflet also informed the committee that the citizens are just now seeing the people that were hired in the first half of the ex stences of the Crime Control District. For the past year the police department has been trying to get all the new officers out in the City so they can have an impact on the '-esponse times and have more units available. He suggested that a presentation be ma::le, instead of just giving crime stats and inform the citizens of the programs that have bl~en developed such as the new Crime Analysis Unit. Assistant City Manager Shiflet felt that the first hour from 7:00 ' 8:00 should be more of a presentation addressing all of the questions that were received from the surveys and that the last hour could be available for other questions and arswers. The first 15 minutes could be Chairman Hood introducing the new City Ma1ager and allow him to give a "State of the City" overview. He also suggested that thE' Police Chief and the Director of Parks and Recreation Departments each do a pres,:!ntation for about 15 minutes to discuss their ~ cent sales tax, There was discussion among the committee about the main topic of the Town Hall Meeting, The committee decided that the main topic of the Town Hall Meeting would be "What Your Tax Dollars Do For You". Assistant City Manager Shiflet expressed transportation, roads and projects from the 1994 bond package, that are in progress, as programs that the citizens find interesting. He suggested that these 3 areas, plus the City Managers "State of the City" address would be a well rounded format. The committee agreed with he agenda for the Town Hall Meeting Assistant City Manager Shiflet informed Chairman Hood would need to introduce the Town Hall Committee Members at the beginning of the meeting. He also suggested that Chairman Hood moderate the meeting and two other corrmittee members would have wireless microphones to move around the audience for anyone wishing to ask a question. The Town Hall Committee voted unanimous on the title and aqenda for the November 6 meeting. Chairman Hood asked the committee how they felt about an invocation and pledge of allegiance. The committee decided that they would ask a council member to do the invocation and pledge. Assistant City Manager Shiflet suggested that Chairman Hood attend either the October 13 or October 28 Pre-Council meeting to invite the Council to the Town Hall Meeting. Chairman Hood will ask if any of the council would like to volunteer to give the invocation and lead the pledge of allegiance when he attends the October 13 Pre- Council Meeting. Page 4 6. FOLLOW UP MEETING The committee decided that their next meeting will be November 4, at 7:00 in the Pre- Council chambers to review all the water bill inserts due to the last billing cycle being the 30 and to conduct a mini rehearsal. Communication Officer Parker informed the committee that she would be working the election on November 4, and would not be able to attend the meeting. Chairman Hood advised the committee he would receive an update from Ms. Parker prior to the meeting and inform the members of any necessary information. Committee Member Graves asked if the department heads should be contacted, Assistant City Manager Shiflet informed the committee that the department heads are present at the Town Hall meeting. Chairman Hood suggested the committee concentrate on their future goals after the November Town Hall Meeting. 7. OPEN DISCUSSION Chairman Hood asked if any committee member had anything they wanted to discuss. Committee Member Kemp brought it to the attention of the committee that Mr. Werking did not have a department assignment due to his absence at t"le last meeting. It was the consensus of the committee to divide up the departments dt a future meeting after the November Town Hall meeting, 8. ADJOURNMENT Committee Member Werking moved, seconded by Jim Kemp, to adjourn the meeting. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 97-146 4-~ Date: ¿,/.':. Subject: November 24, 1997 Regulate Electrical Usage at Green Valley' Community Park and Soccer Complex TU Electric implemented a new fee structure for municipalities in July 1994. The new rate, GS-General Service Secondary, is based on a formula which ir,cludes a "demand charge" and kilowatt (kW) consumption. The "demand rate" is set by the highest amount of kilowatts used during a month. For example, if the greatest demand of electricity is used during the month of August, then all other months are billed according to the August demand use. This "demand charge" is then set for the entir?:! year and billed monthly, regardless of the amount of kilowatts used. The actual kilowat usage is billed in addition to the base "demand charge." All new facilities built after July 1994, including Green Valley Park, are subject to the new rate. Currently, the annual electric charge at Green Valley Park is approximately $15,000. This is financially burdensome to the soccer associations and the city. The contract with the soccer associations requires them to pay for the hourly electrical charges they actually use and the city pays for the "demand charges". Staff has been working with TU Electric to explore alternativE' solutions to enduring the financial constraints of the demand charge. Staff and TU Eectric determined that the most fiscally responsible alternative is to employ tI-e 215-General Service Secondary/Recurring Seasonal Service rate schedule. This rate will save the city approximately 50% ($7,500) in electrical charges at this facility. The billing would be based on actual kilowatts used instead of a demand charge. In order "or the city to be eligible for this rate, Green Valley Park must have zero electrical usage for one month out of the year. After discussion with both soccer associations, the month of December was chosen for zero electrical use as during this month the park is least uSt~d overall and there is no scheduled progr¡3mming. Since no electrical use can occur during the month of DecembEr under this rate schedule, staff will plan to leave the restrooms open during the day, and close them during the night hours. (Regardless of limiting electrical use, freezing weather during this month usually dictates frequent night closings of park restrooms.) Additiona Iy, the three night security lights will not be in operation during the month of December. This shouldn't be a major inconvenience with early sundown and cold weather dramaticcìlly decreasing park usage during this time of year. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS All of our new projects currently in design or under construction have been designed to accommodate "seasonal rate metering" in order to maximize u1Îlity cost savings. We will investigate retrofitting Green Valley Park and NRH20 to determine the long term cost/benefit. The Park Board discussed and was informed of ths plan of action during the May 1997 meeting and staff wanted to inform the Council of this cost saving initiative in order to enable you to answer any questions you may receive. ~ìtaff will move forward with implementation of this cost saving initiative unless directed otherwise. Respectfully Submitted, <::::::.:.:-- ..\~ Jim Browne Director of Parks and Recreation JB/sm INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-148 _,)1.,):- . i"j!'\r Date: November 24, 1997 Subject: Possible Goals Setting Meeting At the August Budget Retreat we discussed the possibility of having a City Council goals setting session sometime in early 1998. The purpose of this retreat would be to begin focusing on goals for the next several years. Considering we have two new Council members, a new City Manager, and the possibility of a new Mayor after May 1998, the question arises as to whether or not we should have a goals setting meeting now or wait until after the election. I met with Lyle Sumek, of Lyle Sumek Associates, Inc. He conducts goal setting, leadership, and other similar workshops, with governing bodies throughout the country. I asked him to submit a proposal. Lyle suggests that we have a session in early 1998 since we have two new Council members and a new City Manager, and a second session after Council elections in May. At the first workshop we would cover both short-term and long-term goals, a work program for the next six months, and performance standards and role expectations of the City Council and City Manager. A tentative agenda is attached. Such a session would consist of having a dinner at the retreat site Friday evening, followed by a one or two hour work session. The next day, Saturday, we would have an all-day session for the planning and goal setting process. Under this proposal, the second part of this goal setting process would be held in Mayor June, after the City Council election. This would include a leadership and strategic planning workshop focusing on goals for 2003 with benchmarks of success, targets for action 1998- 1999, strategies on key policy issues, and refinements of Council operations. This workshop would also require a Friday night session and an all-day session Saturday. There are certainly advantages and disadvantages to either approach of waiting until after the next elections or proceeding. It appears it could be advantageous to proceed with some strategic planning and goal setting in early 1998, then follow up with further refinement and additional input after newly elected individuals are seated. We have checked the availability of the Garret Creek facility. It is available for Friday and Saturday, January 23 and 24 or Friday and Saturday, January 30 and 31. I sincerely believe it would be beneficial for the City Council and the City's management team to have a goals setting and planning meeting. I would appreciate your direction. Respectfully submitted, ~~~ City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Leadership, Team Building and Strategic Plarming ProposallNorth Richland Hills, Texas PART 1 AGENDA 1. Leadership Challenge for Mayor and City Council · New Realities for City Leaders · Emergence of Community Based City Govemment · Keys to City Success in the 1990's: Teamwork among Mayor and City Council Leadership by Mayor and City Council 2. Building our Mayor and City Council, and City Manager Team a. Success for Mayor and City Council means. . . Success for the New City Manager means . . . b. Understanding and Appreciating Individual Contribution and Style . Problem Solving and Decision Making . Conflict Resolution and Negotiations c. Keys to Our Team's Success 3. Strategic Goal Setting for Cities: Overview · What is Strategic Goal Setting · Why is it Important to Cities · What are the Steps in the Process 4. North Richland Hills: Goals for 2002 a. Success for North Richland Hills means. . . What are Our Community Assets North Richland Hills Needs to A void Becoming. . . b. Definition of Goals: Desired Outcomes for 200: (five years in the future) c. Focus Critical of Success - What Mayor and City Council would like to get done d. Priority oflmportance - Realistic Goals (4 - 6) for the City - Used as Guides for Policy Development and Direction for Our Community Leadership, Team Building and Strategic Planning Proposal/North Richland Hills, ,Texas 5. Our City Team In Action a. Governance - The Responsibility for Mayor and City Council b. Performance Standards and Expectations for: City Council, Mayor, City Manager c. Targets for Action: Six Months · Identification of Short Tenn Issues and Opportunities · Detennination of "Importance" · Work Program for Six Months d. Actions to Enhance Effectiveness · Actions for City Council · Actions for Mayor · Actions for City Manager · Actions for City Staff 6. Our Leadership Challenge for 1998 I OUTCOMES I Direction for North Richland Hills · Goals for 2002 · Work Program for Next Six Months Performance Standard and Role Expectations · City Council · Mayor · City Manager Enhanced Effectiveness of the City Team · Understanding and Appreciating of Each Team Member · Definition of Success for Mayor and City Council, and City Manager Operation Refinements for City Government · Mayor and City Council · City Leadership, Team Suildin, and Strategic Plannin, ProposallNorth Richland Hilla, Texas AGENDA PART 2 t. Winning Cities into Champion Cities . Winners vs. True Champions . Challenge for Winners 2. Building our Mayor and City Council, and City Manager Team [Depends Upon Election Results] 3. Strategic Goal Setting for North Richland Hills · Strategic Goal Setting for North Richland Hills: Overview · Steps in the Process 4. North Richland Hills: Our Real World · City Successes 1997 - 1998 · Performance Report on Targets for Action · Our Community Profile: Who Are Our OHmnunity Leaders · Strategic Forces Shaping Our Future · Our Community Assets and Opportunities on the Horizon 5. North Richland Hills: Goals for 2002 · Goals for 2002: Review and DefInition · Definition: Benchmarks for Success · Identification: Current Activities and Pro~ams to Achieve Goals · Opportunities and Issues (1 - 3 years) · Finalization of Goals for 2003 6. Targets for Action 1998 - 1999 · Review Current Targets · Identification and Definition of Potential fargets · Determine "Priority oflmportance" · Our Work Program 1998 - 1999 · Making the Targeting Process Work for North Richland Hills Monitor Progress, Status Reports on Performance, Council Direction and Involvement ~ Leadership, Team Building and Strategic Planning ProposallNorth Richland Hills, :rexas 7. Policy Strategy on Key Issues (Development of Muhi-year Strategy on Key Policy I ssues Facing North Richland Hills) · Define Outcome · Focus Key Problems and Issues · Establish Initial Direction from Mayor and City Council · Action Plan · Responsibilities for Action and Timeframe 8. Our Council in Action · Council Operations: Refinements · "House" Rules for Guiding Council Meet ings · Actions for Mayor and City Council · Actions for City Manager and City Staff · Other Topics (fTom Council interviews) I OUTCOMES I Direction for North Richland Hills · Goals for 2003 with Benchmarks for Success · Targets for Action: 1998 - 1999 · Policy Strategies on Key Issues (2-3) Enhanced Teamwork Among Mayor and City Council, and City Manager · Refinements of Performance Standards and Role Expectations · Refinements in Council Operation · Actions to Make the Strategic Goal Setting Process Work for North Richland Hills · Foundation for North Richland Hills - A "Championship" City Present: Others Present: ITEM CALL TO ORDER REVIEW OF NRH20 MASTER PLAN AND PROPOSED 1998 IMPROVEMENTS 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 - NOVEMBER 10,1997 - 5:30 P.M. Tommy Brown Byron Sibbet Lyle E. Welch Mack Garvin Frank Metts, Jr. JoAnn Johnson Don Phifer Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Patricia Hutson Rex McEntire Greg Dickens Larry Koonce Melani Fragge Marty Wieder Jim Browne Mayor Mayor Pro Tem Councilman Councilman Councilman CouncilworTlan Councilman Councilwoman City Managør Assistant City Manager City Secretary Attorney Public Works Director Finance Director Human Resources Director Economic Development Director Park and Rr::creation Director Don Tipps Lorraine Miller Rick Work Ann Perchard Parks Board Chairman Parks Board Member Parks Board Member Parks Board Member .. l DISCUSSION Mayor Brown called the Pre-Council Meeting to order at 5:30 p.m. Staff reviewed the 1997 season. Council was presented with an overview of the financial performance, attendance, marketing effectiveness, guest surveys and guest satisfaction for the 1997 season. Staff outlined two policy adjustment recommendations for the 1998 season: 1) season pass pricing restructuring, and 2) child pricing based on height instead of age. Mr. Dwayne Brinkley, Brinkl S r nt Archi t r n h I I I JIM BROWNE I ASSIGNMENT ITEM DISCUSSION ASSIGNMENT REVIEW OF NRH20 MASTER PLAN AND PROPOSED 1998 IMPROVEMENTS (Continued) L Pre-Council Minutes November 10, 1997 Page 2 proposed NRH20 Master Plan. He explained the plan was for future expansion and development of the park and would be implemented over several years as financing from NRH20 revenues became available, The Council was shown a video of proposed additional attractions over the next several years. Staff presented a business plan for the proposed 1998 expansion of the Water Park. The City Manager discussed with the Council the monies currently in the Aquatic Park Reserve for major infrastructure improvernents, and the monies that were forecast for reserve for the 1997/98 budget. He advised the Ç oal was to have a reserve of approximately one million dollars. The Staff presented a concept plan of the proposed new attraction, The Master Blaster. Staff discussed the potential increase in park revenues and attendancE~, the estimated operating expenses, and the financing plan for the new attraction. Staff explained the adjustment of the daily admission price by $2.00 for non-residems and 50¢ for residents. Councilman Welch was concerned with future Councils not using the reserve monies for major infrastructure improvements. Mr. Cunningham advised that the Council could pass an ordinance or resolution to define and identify the purpose of the reserve fund and how it could be used. Councilman Welch advised he would like to see a mechanism put in place for the protection of the reserve fund. The Courcil discussed the proposed expansion, the impact on insurance and safety liability, the marketing of the park during off-season and if there was a contingency plan for the financing of the debt. Some concern was also expressed b u h r 48" hei h f r h. Pre-Council Minutes November 10, 1997 Page 3 ITEM J DISCUSSION .. I I ASSIGNMENT ,. the PA TRICIA/LARRY K. .. I J .. I I ,. and MARTY ¡ties i~ to 1ber .. ;nied RANDY/BARRY rmit ::k cate ainst ¡at ELECTION OF The consensus of the Council was to cast TARRANT City's votes for Mr. Mike Davis. APPRAISAL DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 97-53 DISCUSS OTHER None. REGULAR AGENDA ITEMS CITY'S 45TH Item was discussed later in the meeting. BIRTHDA Y CELEBRA TION JOINT MEETING Mayor Brown advised that a joint Council TO DISCUSS Planning and Zoning Workshop has been PROPOSED suggested to discuss the proposal for MIXED-USE development of the 333 acres near Mid-C DEVELOPMENT owned by E-Systems/Raytheon Trust. Tr Council requested the City Manager to try set up a joint meeting for Tuesday, Noven 18, OTHER Mr. Shiflet explained that when Council d( INFORMA TIONAL Mr. Kevin Keck's, OK Sod, specific use pt: ITEMS he was given six months to relocate his business. Mr. Shiflet advised that the six months expires on November 12. Mr. Ke has advised that he will not be able to relo his business until December 31 and was requesting Council not take any action ag him. The consensus of the Council was H Mr. Keck had been given ample time to relocate his business. , ITEM DISCUSSION OTHER Councilwoman Lyman had a question INFORMA TIONAL regarding the Cable Board Minutes, She ITEMS asked who would be requesting the mont (Continued) progress report for Marcus, Mr. Cunning! advised that Mr. Saint would be taking ca it. CITY'S 45TH Mr. Wieder explained the celebration wou BIRTHDAY held at NRH20 in April. It would also be a CELEBRA TION opportunity to promote the park and sell seasonal passes. Councilwoman Lyman suggested the history video also be prom during the celebration. The consensus w Mr. Wieder to proceed and plan the festi\¡ Mayor Brown reported on the RailTran m he attended on November 3. ADJOURNMENT Mayor Brown announced at 7:00 p,m. théJ Council would adjourn to Executive Sess consultation with the City Attorney on Ma vs, NRH as authorized by the Local Government Code Section 551.071 immediatelv followina a five-minute reces Pre-Council Minutes November 10, 1997 Page 4 I ASSIGNMENT I NAN lly am e of Id be MARTY n ted '3S for Ities. ~eting I NAN I t the on for tin , o ~ Tommy Brown - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - NOVEMBER 11, 1997 -7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order November 11, 1997 at 7:30 p.m, ROLL CALL Present: Tommy Brown Mack Garvin Lyle E. Welch Frank Metts, Jr. JoAnn Johnson Don Phifer Byron Sibbet Cheryl Cowen Lyman Staff: Larry Cunningham Randy Shiflet Patricia Hutson Rex McEntire Greg Dickens Mayor Councilman Councilman Councilman Councilwoman Councilman Mayor Pro T em Councilwoman City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCA TION Councilman Metts gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS None. City Council Minutes t~ovember 10, 1997 F'age 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (7,8,11,15,16,17,18,19,20, & 21) APPROVED Mayor Pro Tem Sibbet moved, seconded by Councilwoman JJhnson, to approve the Consent Agenda. Motion carried 7-0. *7. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 27, 1997 APPROVED *8. MINUTES OF THE REGULAR MEETING OCTOBER 27, 1997 APPROVED 9. PS 97-43 - REQUEST OF COLLIN EQUITIES, INC., FOR A REPLA T TO BE KNOW AS LOT 3R, BLOCK 1, WALKER BRANCH ADDITION (LOCATED IN THE 8400 BLOCK OF EMERALD HILLS WAY APPROVED Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PS 97- 43. Motion carried 7-0. City Council Minutes November 10, 1997 Page 3 10. GN 97-126 - ELECTION OF TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 97-53 APPROVED Councilwoman Johnson moved, seconded by Mayor Pro Tem Sibbet, to approve Resolution No. 97-53 casting the vote for Mr, Mike Davis to the Tarrant Appraisal District Board of Directors. Motion carried 7-0. *11. GN 97-127 - REQUEST FOR EXTENSION OF PERMIT FOR USE OF GREEN VALLEY RACE TRACK APPROVED 12. GN 97-128 - NRH20 1997 SEASON REVIEW AND 1998 POLICY RECOMMENDATIONS APPROVED Councilwoman Lyman moved, seconded by Councilwoman JJhnson, to approve policy adjustment #1 for season pass pricing and to leave part #2 policy revision on height recommendation to the discretion of the City Manager. Motion carried 6-1; Councilmen Metts, Phifer, Welch and Garvin and Councilwomen Johnson and Lyman voting for, and Mayor Pro Tem Sibbet voting against. 13. GN 97-129 - NRH20 MASTER PLAN APPROVED Councilwoman Lyman moved, seconded by Councilman Phifer, to approve GN 97-129, Motion carried 7-0. City Council Minutes November 10, 1997 Page 4 14. GN 97-130 - NRH20 1998 NEW ATTRACTION APPROVED Councilwoman Lyman moved, seconded by Councilman Welch, to approve GN 97-130. Motion carried 7-0. *15. GN 97'-131 - APPROVE "NO PARKING" ZONE ON WILLOWCREST DRIVE FROM BROADWAY AVENUE NORTH TO BELLHURST COURT - ORDINANCE NO. 2250 APPROVED *16. PU 97-100 - AWARD BID FOR LIBRARY PERIODICAL SUBSCRIPTIONS APPROVED *17. PU 97-101 -APPROVE BID FOR 1997' -98 PROPERTY INSURANCE APPROVED *18. PU 97-102 - AUTHORIZE PURCHASE OF RADIOS FROM MOTOROLA IN THE AMOUNT OF $26,712 APPROVED *19. PU 97-103 - AUTHORIZATION TO EXTEND ANNUAL CONTRACT FOR POLICE DEPARTMENT UNIFORMS TO TEXAS STATE DISTRIBUTORS APPROVED City Council Minutes tJovember 10, 1997 Page 5 *20. PU B7-104 - AWARD BID FOR ANNUAL AUTOMOTIVE PARTS AND SUPPLY CONTRACT TO DICK SMITH AUTO PARTS APPROVED *21. PAY 97-19 - AUTHORIZE PAYMENT TO UNIVERSITY MICROFILMS INTERNATIONAL (UMI) APPROVED 22. CITIZENS PRESENTATION None. 23. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown .. Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS I I I Department: Planning & Inspections Council Meeting Date: 11/24/97 SubjecPublic Hearing to Consider Amending the NRH Master Agenda Number: PZ 97-46 Plan wIthin the Mid-Cities Uverlay Lone. Ordmance No. 225£j The current North Richland Hills Master Plan was adopted by the City Council in June of 1992 and is used as a guide for evaluating rezoning requests. Texas zoning laws require cities to zone property in accordance with a comprehensive plan. Since 1992 there have been a number of rezoning requests which have not been consistent with the current Master Plan. Therefore, the master plan has been amended in the past by incorporating amending language into the ordinance that also changed the zoning. However, the frequency of rezoning requests now suggests that the NRH Master Plan is in need of amendment, particularly within the area that is largely undeveloped and designated as the Mid··Cities Overlay Zone. Attached is a copy of the document "Mid-Cities Boulevard Corridor Study," prepared by Dan Boutwell of Municipal Planning Resources Group, Inc. This study includes a revision to the future land use plan in the undeveloped area along Mid-Cities Boulevard. Other recommendations of the study include enhancements to the landscaping regulations and consideration of architectural design criteria. Notices were sent to nearly 200 property owners having property within the Mid-Cities Overlay Zone and who may be affected by the proposed plan. One letter was received from Mr. Bill Souder who requested that all of his property on Mid-Cities Boulevard be considered as a future commercial site. The Mid-Cities Overlay Zone split Mr. Souder's property into two different categories. The attached Ordinance No. 2256 contains a land use map which changes the future land use within the Mid-Cities Overlay Zone and incorporates citizen comments made at the November 13, 1997 public hearing. The Planning & Zoning Commission considered this item at its November 13, 1997 meeting and recommended approval of Ordinance No. 2256, which amends the future land use plan in the Mid- Cities Overlay Zone, David Barfield, Chairman of the Planning & Zoning Commission, has indicated to staff that several members of the Commission and the City Council are very interested in adopting new landscaping regulations and architectural design criteria within the overlay zone. Staff is requesting the City Council give direction on these two related items. RECOMMENDA nON: It is recommended that the City Council hold a public hearing and consider the recommendation of the Planning & Zoning Commission and give staff direction on the landscaping and architectural _ desigll reglJlatiQDs.______m _________m__________,_____,______ ____ .____'____________,_________ Finance Review ----~.__._~~-~-~ Source of Funds Bonds (GO/Rev) ___ Operating Budget Othe}3~--¡J r") _/ !iL~~ ~ _ D partment Head Signature -------- -------------------- CITY COUNCIL ACTION AccL Number _, Sufficient Funds AVéj lable Finance O!(fK10f /: . /~~ City a ger - ----t '----,--__,________ Page 1 of ______ Ordinance No. 2256 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING THE COMPREHENSIVE LAND USE MASTER PLAN PREPARED BY PLANNING RESOURCES GROUP; DETERMINING THAT IT IS IN THE PUBLIC INTEREST, HEALTH, SAFETY AND GENERAL WELFARE TO AMEND SAID COMPREHENSIVE LAND USE MASTER PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SA VINCiS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 211.004 of the Texas Local Government Co:je requires municipalities to adopt zoning regulations which are in accordance with a comprehensive plan, and WHEREAS, the Planning & Zoning Commission has completed é planning process including public notice and participation which resulted in the preparation of a document titled "Mid- Cities Boulevard Corridor Study," and WHEREAS, the Planning & Zoning Commission of the City of No'th Richland Hills has forwarded a recommendation to the City Council for amendment :if the Comprehensive Land Use Master Plan, and WHEREAS, the Charter of North Richland Hills provides for the pleparation of a Master Plan to guide development in the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, the Comprehensive Land Use Master Plan dated June 19q2 adopted by the City Council by Ordinance 1812 is hereby amended to incorporate thE' future land use plan, attached as Exhibit "A," as contained in the document titled "Mid-Cities Boulevard Corridor Study" and it shall be used as a guide for all decisions made by the Planning & Zoning Commission and City Council related to existing or proposed development of the City. 2. THAT, the PlanninfJ & Zoning Commission shall evaluate all requ,:~sts for zoning change or land subdivision to determine consistency with the Comprehensive Land Use Master Plan, as amended herein. Ordinance No 2256 Page 1 3. THAT, where zoning requests are presented that are inconsistent with the Comprehensive Land Use Master Plan, the Planning & Zoning Commission shall require the applicant of each request to submit adequate information to amend the Comprehensive Land Use Master Plan as provided for in the North Richland Hills Charter. 4. THAT, a copy of the Comprehensive Land Use Master Plan for the City of North Richland Hills shall be kept in the office of the City Secretary and shall be available for inspection during regular business hours. 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of 'his ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this:Jrdinance 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 allY of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, sin:::e 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. 6. SAVINGS CLAUSE. That Ordinance 1874, The Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 13th DAY OF NOVEMBER 1997. CHAIRMAN PLANNING & ZONING COMMISSION SECRETAF:~Y PLANNINC & ZONING COMMISSION Ordinance No 2256 Page 2 PASSED AND APPROVED BY THE CITY COUNCIL THIS 24th DAY OF NOVEMBER 1997. MAYOR ATTEST: CITY SECRETARY ATTORNEY FOR THE CITY Ordinance No. 2256 Page 3 ~ "C ::J a.. ... - < en - :E - ~ 0 UJ "C .- en - - f- ::::) 0 c (.) - pD z . "C <t > ..J - ::t w aJ 0 '¡. a: (1) ::::) .- ... W t- .- ::) (.) u. we ..- .- ~ :E ~"; ,. ¡; :0: >. (II ii 1ii "0 ~ " ::I j :;: - CII I:: Q en " IX: cu B ~ . 1i " = (\ ... ~ ¡ ¡ jS - 0 ¡: GI .c >. :2 IX: ëõ ::I I:: 01 III - I:: a: ~ 0 a. :J :::J ~ 0 ~ CD ii 0 ~ (\ co .... u Ë Q Ë III c: III 0 t'O U ::I ,t: .c 0 - t'O cu .... 0 ëã ~ E ~ IX: 0 u.. 1ií III ~ ë¡ '¡: ::¡ !!J CI) .... LL. i ¡¡ .... ~ III I ~ 0 Ë ÕI " E E - ::I :is 'fi c c 0 :::I 8 0 " :::I è.1 :i :i :J èñ :: :: .... .5 Q. a. ~ iJ ~> RIII~~;l 1;1 II ~ ~ f.i...I;il...; ¡ ~~I ...II I 1 I] L5tJJ ~J 'JQ MoUs ¡¡ n~ ¡ APPROVED 12. PZ 97-45 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM BROWN FOR A SPECIAL USE PERMIT FOR AN HV AC CONTRACTORS OFFICE WITH SHOP AND GARAGE ON LOT 14, BLOCK 3, J.L. AUTREY ADDITION. (LOCATED AT 4019 RUFE SNOW DRIVE) ORDINANCE NO. 2255 APPROVED 13. PZ 97-46 PUBLIC HEARING TO CONSIDER AMENDING THE NRH MASTER PLAN WITHIN THE MID-CITIES OVERLAY ZONE. ORDINANCE NO. 2256 APPROVED Mr. Barfield stated that a letter had been received from Bill Souder asking that all his property on Mid-Cities Blvd. be included as commercia: in the future land use plan rather than show his property as having two different land use characteristics, Mr. Barfield then asked Mr. LeBaron to explain the Mid-Cities Corridor Study. Mr. LeBaron explained that the City Council had adopted a new master plan in 1992 which covered the entire city. Mr. LeBaron explainea that in Texas, zoning laws require cities to zone property in accordance with a master plan. The master plan represents the best crystal ball as to what the ::ity will look like in the future. The current master plan has worked fine for a number of years but as Mid-Cities Blvd. was completed and Precinct Line Rd. was c:;ompleted that the city was faced with a number of rezoning requests which ir,:Jicated that the master plan was in need of updating, However, since funds were not available to update the entire city master plan, only the area along rl/ Id-Cities Blvd. and Precinct Line Rd. was included in the recent study for updating. The Mid-Cities Corridor Study was completed by Municipal Planning Resources Group and generally contains recommendations in three major areas, 1.1) revise the future land use in the Mid-Cities Overlay Zone area, (2) adopt landscaping enhancements in this area, and (3) consider architectural cesign criteria within the overlay zone. Mr. LeBaron stated that tonight's consid,:~ration only looked at revising the future land use within the overlay zone. He stated that landscaping and architectural design would be considered at a future meeting, hopefully next month. The land use component of the study pointed out 'hat the current zoning of many properties is not consistent with the proposed lane use plan for the area. The study also suggested that (1) no future rezoning to incustrial be approved within the overlay zone, (2) consideration be given to initiate rezoning within the overlay zone so that consistency with the future land use plan can be assured, and (3) consideration be given to revise the permitted use table within the overlay zone to delete uses not considered compatible wih quality development. Mr. LeBaron stated that notices of this public hearing were sent over 200 property owners within the overlay zone advising them of trle proposed master plan amendment. Mr. LeBaron stated that approval of the master plan amendment doesn't change anyone's current zoning and doesn't prevent the city from makin~ subsequent amendments in the future. Mr. Barfield asked if a stipulation could be placed on the o\ierlay zone so that future rezoning requests could only be considered as a planned development. Mr. LeBaron stated that there is nothing illegal about a city rezoning its entire city as a planned development. Mr. LeBaron stated that some cities have gotten carried away in the past with the planned development concept and lost sight of the compatibility issues. Those cities have since returned to the traditional zoning district concept as being the most appropriate method of establishing compatible land uses. Mr. Barfield stated that until landscaping regulations and architectural! design criteria are established the city still ha~ limited control over what occurs in the overlay zone. Mr, Davis asked about the possibility of establishing site plan review requirements on commercial development. Mr. Davis exp ained that with site plan approval on all new commercial projects the city woul¡j be in a better position to get quality development. Mr. LeBaron stated that if the city adopted site plan review, then some form of criteria needs to be developed to avoid being arbitrary. Mr. Davis continued discussion about establishirq site plan review requirements for commercial projects in the overlay zone. r'iI1r, Wood expressed concerns over requiring all future projects in the overlay zone to be submitted as planned developments because it would in effect is taking away everybody's zoning rights currently guaranteed under existing regulatiOi's. Mr. Barfield then opened the Ihearing up to comments from interested citizers, Mr, Owen Long spoke by stating he had property at Holida l Lane and Mid-Cities Blvd. and was bitterly opposed to labeling all properties as planned developments and establishing architectural controls. He ~tated he didn't like someone telling him how buildings on his property were going to look, He favored a variety of building styles. He opposed additional landscaping requirements because it took away property that could be IIsed for parking and buildings. Mr. Barfield stated that the property in this areê' is the last chance this city had of establishing good quality development. Mr. Glen Willis, Arthur St. asked when the land use plan would go into effect? He stated that he had a friend that had a piece of property that his house was zoned resielential and his adjacent vacant lot was zoned a~Ficulture and wanted to know if his friend could build a barn. He wanted to know if it was going to change what people could do with their property. Mr. Davis stated it did not change existing zoning of existing properties. Mr. Davis stated that adoption of the land use plan was simply a tool for reviewing future zoning requests it did not force rezoning on anyone. Mr. Willis stated he thought monument signs would be better on Mid-Cities Blvd. He was concerned about ac ::ess on Mid-Cities Blvd. Mr. Jim Makens, Colleyville, stated his concerns about thE study because it was vague and he really couldn't tell what he could use his prcperty for. He also wanted to know if by adopting the land use plan if that did:'I't open itself up to the city coming in and rezoning everyone's property. Mr. DavIs responded by stating that it could be done, but it was not the intention of the city to start rezoning. Mr. LeBaron stated that rezoning under Texas statutes could be initiated by the City Council, the Planning and Zoning Commission or the prop::!rty owner. Mr. Wood stated that North Richland Hills has not in the past and wouldn't in the future initiate rezoning of property. Mr. Barfield then opened the floor to those who are oppost::d, Mr. Bill Delp, 8400 Cardinal Lane asked if this would have any effect on his taxes, He stated he was in favor of improving the standards in the city. He sta~ed that one of his concerns was if this plan had the flexibility to be changed if some property owner came along and changed everything to apartments, He di:ln't want to give E- Systems the right to build anything that may hurt the neighborhood, Mr. Wood stated that the intent that this plan would not add additionc: I lands for multi-family since there were adequate land available that are currently zoned for multi- family. Mr. Bobby Osborne, Cardinal Lane, expressed corcern that once this was adopted, the city would start rezoning everyone's property. Mr. Barfield stated that most zoning changes are market driven. Mr. Barfield closed the public hearing and asked for discu~ sion. Mr, Davis stated that this study was a big step forward and that landscapin~.: and building design may be coming forward in the near future, Mr. Davis statej that approval of the master plan update might make more property marketable because people will know what is planned for the area. Motion was made by Ted Nehring and seconded by Mark "Nood to approve PZ 97 -46 as presented incorporating the request of Mr. Souder. Motion passed by a vote of 6-0, Mr. Ferguson asked about a tract shown as r,:~sidential near the fire station. He expressed concern about it being single famil /. After general discussion it was decided to leave it as shown on the ma~~er plan. 14. CITIZEN COMMENTS There were none. 15. STAFF REPORT Mr. LeBaron reminded the Commission about the joint wo'kshop with the City Council scheduled for Tuesday, November 18, 1997 at 7:00 p.m. 16. ADJOURNMENT There beinç no further business to conduct the meeting adjourned at 11 :00 p.m. Don Bowen, Secretary David Barfeld, Chairman \v. D. SOUDER 305 Brookridgc Ct. Hurst, Texas 76054 Phone (817) ~l)8-2JJ3 November 12, 1997 \Ir. Christopher Baker, Planner City ofl\orth Richland Hills p, O. Box 820609 North Richland Hills, Te.'\:1s 76 I 82 Rè Tr ¡ 2G, A-lOSS TK. i\lartin Dèar i\1r. Baker: Since thc proposd Futurc Land Use \Iap of MidCities Boubarcl Cmiclor Study has a depth of only SOO kct, we request that the depth be greater than 500 fel ( so that it encompasses all of our property Please see attached property map and your letter of October :3 I. 199~ Rt;pectfully. l Ii /~¿{ -/Jê-c-<--c~ \V ¡Iiam D. Souder bs CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections c: uncil Meeting Date: 11/24/97 Subject: Request of Steven Hester, Rob McCauley & Vicki Thornton Agenda Number: for a Replat to be known as Lots 3R1 - 3R3, Block 2, Walker Branch Addition. (Located in the 8700 Block of Grapevine Highway) PS 97-50 Robert McCauley and others are the developers of Lots 3R1 - 3R3, Block 2, Walker Branch Addition, containing approximately 18.21 acres of land. Lot 3R2 IS currently zoned C-2 Commercial and the other 2 lots are zoned OC Outdoor Commercial. The issues associated with this replat are as follows: 1. Drainage: A covenant has been signed for Lots 3R1 and 3R3 regarding future drainage improvements. The Public Works Department had requested a 30' drainage easement along the west property line of Lot 3R3 for future development. However, the property owner requested a waiver of the 30' drainage easement requirement because no development is anticipated at this time. The Plannin,;] & Zoning Commission agreed with the waiver request. 2. Right-of-Way Dedication: Public Works has indicated the 110' right-of-way for this location is adequate. No right-of-way dedication is required. 3. Sidewalks: The applicant has requested that sidewalks be allowed to be constructed and installed at the time building permits are issued. The Planning & Zoning Commission agreed with this request. 4. Street Lighting: The applicant has agreed to install the necessary streetlights. All other engineering and planning comments have been addressed and agreed to. This plat is in accordance with the principles and concepts of the adopted Comprehensive Land Use Plan for the City of NRH. The Planning & Zoning Commission considered this item at its November 13, 1997 meeting and recommended approval subject to waiving the 30' drainage easement along the west property line and subject to all other enqineering comments. RECOMMENDA TION: It is recommended that the City Council approve the recommendation of the Planning & Zoning Commission. --~'--~--.-.._.--~-.-.-~----.'.-.--.--"--~-~---~---_.--..------- _._-_._---_._._--~-_.~_.- Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget~_ ,~er t('f C '-- ( Acct. Number __, Sufficient Funds AV'Iilable 1Li~Q0CU0q ~ ~ =1wuj .} (¡,"tl/,"V~~ D partment Head Signature --:::::::;r- L/ City Mana er CITY COUNCIL ACTION I M -- Finance DtrðC'lo( Page 1 of __""'" 7. PS 97-50 REQUEST OF STEVEN HESTER, ROB MCCAULEY & VICKI THORNTON FOR A HEPLA T TO BE KNOW AS LOTS 3R1 - 3R3, BLOCK 2, WALKER BRANCH ADDITION. (LOCATED IN THE 8700 BLOCK OF GRAPEVINE HIGHWAY) APPROVED Mr. Wood stated that due to a conflict of interest he would be abstaining from the discussion and voting of this item. Mr. LeBaron explained that this 18 acre tract is being divided into 3 lots. Lot 3R2 is zoned C-2 and is the future sight of the Weinersnitzel. The other two lots are zoned OC Outdoor Commercial. Mr. LeBaron stated that the applicant is requesting a waiver of the 30' drainage easement. Mr, Jim Bell presented this request. He explained they arf:~~ requesting a waiver of the drainage easement along the southwest property line and the required sidewalks will be constructed. Mr. Bowen made the motion to approve PS 97-50, waivinq the 30' drainage easement along the west property line and subject to all other engineering comments. Mr. Nehringl seconded the motion and it carried 5 - O. Mr. Wood abstained. 8. PS 97-52 EST OF BARFIELD DICKINSON JOINT V S 1 & 2, BLOCK 1, NOB HILL CE THE 6600 BLOCK OF P AP _ FOR A FINAL PLAT DDlTION (LOCATED IN CT LINE ROAD) Mr. LeBaron exp future site of "~'- that this final p lry Queen. ong presented this request. He explaine repaired for Lot 1 but not for Lot 2 since no plans c y have agreed to most of the engineer's comments. Trle r a drainage plan has I exist for this lot. of the drive -------- --------~-,.,~-------- JOHN D. ZIMMERMAN P.E.,R.P.L. S. 908 \V. MAIN STREET ARLINGTON, TEXAS 76013 (817) 461-0188 November 11, 1997 City of Nortlh Richland Hills 7301 N,E. L.oop 820 North Rich/and Hills, Texas 76180 Attn: Barry LaBaron I Planning & Zoning Re: PS 97 - 50 Walker Branch Addition Lot 3R 1, 3R 2 & 3R 3 Dear Barry, I am requesting a waiver of the proposed 30 foot drainage easement along the west line of Lot 3R 3 Block 2. Steve Hester, the ownr~r of the property, has indicated hE~ does not want to grant the 30 foot drainage easement at this time. "_ Sincerely, ~ -l 'C1~ ?c' _-=- J6h;'; 0 ZimmeJPE, RP.LS. CITY OF N@RTH RICHLAND HILLS ~._--_.-.._.~_..- .-..- ...-.-----.,-.-..----- ~ \ . .' ~ ~. - . ¡"",jl;'\..-J November 3, 1997 MEMO TO: 1:::Jlanning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS97 -50; WALKER BRANCH ADDITION; Block 2, Lots 3R1-3R3; Final Plat We have reviewed the subject documents submitted to this uffice on October 27, 1997. The following items are for your consideration. 1, DRAINAGE ANALYSIS The Preliminary Drainage Ar31ysis indicates the need for a swale located along the west property line of Lot 3R3. Therefore, a 30 foot drainage easement is required along this property linE to contain the swale. A covenant has been signed for Lots 3R 1 and 3R3 rega'ding future drainage improvements. 2. FIRE HYDRANT The Design Manual contains criteria for the necessary fire hydrant coverage. Appropriate coverage radii for the applicable fire hydrants also need to be included, This will assist Public Work:;. in determining the need for additional fire hydrants, It appears Lot 3R2 has ad:~quate fire hydrant coverage, Fire hydrant coverage for Lots 3R1 and 3R3 does not meet the criteria as outlined in the Public Works Design Manua 3. ROW DEDICATION Grapevine Highway (SH 26) is de:;ignated as a P6D on the Master Thoroughfare Plan with a 130 foot ultimate right-of-way required. Public Works suggests a minimum of 110 foot ROW. This is :he requirement for the adjacent property to the south, Block 2, Lots 2R 1 and :~R2, The ROW information is incomplete on the PiaL This needs to bE! corrected on the next submittal. The distance from the centerline of Grapevine Highway to the proposed subdivision shall be shown to determine the adequacy ;)f right-of-way along the route and to determine if additional right-of-way is neCE ssary to accommodate the proposed street. Sufficient iron pins shall be found and shown on the topographical drawing together with dimensíons to ade'wately describe all perimeter streets, PO Box 8)060:-) . ,\LJrl:1 Fi'cr¡!2ncl H,!IS T,,·,.:; ...,. : 7'30 1 r"Jor~he;]st 3~:~(J - i ? -5d 1 -552; . F',.\X ì _or: ~ Planning & Zoning Commission Page 2 November 3, '1997 4. DRIVEWAY SPACING The plat shows a common access easement for Lot 3R2 and 3R1, The needs to be designated as a " public mutual" access easement. The site plans needs to clearly indicate the width of tt Ie driveway approach, distance from existing approaches, as well as curb re.urn radii. This needs to be included with the next submittal. Driveway criteria is ,)utlined in the Public Works Design Manual. 5. TXDOT PERMIT The Plat is bordered by Grapevine'1ighway ( SH26) , a State Highway. If a driveway is to be constructed onto this :itreet, a TxDOT Access Permit will be required. The TxDOT permit applicatio'1 must be submitted to Public \Norks for approval prior to submitting to TxDOT. 6. ZONING The current zoning needs to be clearly indicated on the face of the plat for each Lot. Lot 3R2 is not zoned "OC", 7, BUILDING SETBACK Building setback lines need to be shown for the front of the lots adjacent to Grapevine Highway only, 8, SIGNATURES The appropriate signatures need to bE: added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyors seal and signature needs to be added to the mylar of ·'le Final Plat. 9. ADDRESS The address and telephone number for th:; Engineer needs to be added to the Plat. 10 SIDEWALKS The Zoning Ordinance requires sidewa KS adjacent to all public streets. Sidewalks are shown to be constructed on Let 3R2, Lots 3R1 and 3R3 do not show construction of sidewalks. This will neec to be addressed in writing with the next submittal. 11 STREET LIGHTING Street Lighting is required by Se:::tion 1-06 of the Design Manual. The locations of any existing street lights neE~d to be shown on the topographical drawing to confirm compliance with curr:mt ordinances. Any additional street lights which may be required based 0'1 current ordinances, needs to be coordinated with Public Works and TU Elt;ctric. The cost for installation of any additional street lights will be paid by' the developer directly to TU Electric, 12 ENGINEERS CERTIFICATION An Engineers Certific;ltion (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculation sheet in the construction plans, Planning & Zoning Commission Page 3 November 3, '1997 This review was based on preliminary plans and was therefc "e only cursory, The intention of this letter is to comment on items of significant in'lportance 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 recorded on a set of blueline construction pla'ls, These plans have been returned to the Engineer for revision. The comments cDntained herein do not purport to relinquish the design engineer of their responsibil ty 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. ~ . ,Jr.~~ pwm97191 cc: Kevin B. Miller, P.E., Assistant Public Works Director Barry lE:Æaron, Director of Planning & Inspection Ser\ìCeS -----"-~--- --------~~~_..._---~-----_.~~.. '~~~----~-_.__.~.__...._------ .JOHN D. ZIMMERl\IAN P.E.,R.P.L. "Ì. 908 \V. MAIN STREET ARLINGTON, TEXAS 76013 (817) 461-0188 November 4, 1997 City of Nortl1 Rich/and Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Attn: Planning & Zoning Commission Re: PS 97 - 50 Walker Branch Addition Block :2 Lots 3R 1 - 3R 3 Final Plat Response to Letter of Comments Item 1 Drainage Analysis - Acknowledge the request to add a 30 foot drainage easement along the south line of Lot 3R 3. The surveyor '¡as not addressed this comment, but will add the easement to the plat Item 2 w! Hydrant - The coverage of the existing fire Ilydrants will be added to the utility plan, Item 3 R.Q_w-DJ~.djQa1.LQQ - To be answered by David Moak Surveyors, Item 4 Dri\re~-ªLSp_a..cing - The distance from adjacl::mt driveways will be addressed on the preliminary plan and the final plan for Lot 3R 2. The surveyor has been advised to revise the plat to include "Public Mutual" Access Easement. The width of the will be added to the plan for Lot 3R 2, Item 5 IXDOT Permit - Acknowledge comment. The owner will submit access permit with site permit application. Item 6 ZQoiog - The surveyor has been advised to add the zoning to the plat. Item 7 BJ.ÜJ.di.09-Se.1ÞJàC.K - To be answered by David MOE!k Surveyors. Item 8 S~Jn.Qlure_s - To be answered by David Moak Su·veyors. Item 9 Adldrß..s.s - To be answered by David Moak Surveyors, Item 10 Sidewalks - The owners of Lots 3R 1 & 3R 3 a:8 being advised of this requirement but would request that the sidewalks be i'1stalled at the time of building permit. Item 11 Street Lighting - Street lights to be shown en a map with the next submission Item 12 J~ers CertifiçªtiQQ - Acknowledge comrrent. Certification to be included in construction plans. Item 13 Plan Comments - Comments on marked up Dlans to be address & markups to be returned. Sincerely, "\ /' t-. ~' , &> ~ u~--- John D, Zimmer~n P,E., RP.L.S. .\lATCH LISE.. SEE Cr.. ri 9 ,~ 4 J 2 Pal D6 ) 1-1 . """=~õ;c='~'=~"~~-:::'~'::~~;';=::~"c:'=7:~,=~~='~'--:-= _ i ':~~"~.~~':::ID I -:-::~". ~~--.::-~~==:: -~- ----.. -~:::::::::::-::~::::~::-:::::::::::: Irt.1A I" ')'1 1-1 ~ . :¡ . § I ~ ~ 7 ~. ,¡; Y" ~ "\ ! ¡¡ ,/ ~ ;:. ~ ;¡ . ~., ~o\t~l"" . I' ~i -S-fJ~! . R -, ~.... ,., = ,:: ~~~~~;.::~=C":::"'::~~::.:"'::::'''.::C","' "''':::''':::'''':::;:''':::: ' T¡'¡ 'J .~::9~-:~:9 . ::: 9,_1',B'~:::9 ::'::~:::'IJ:: i . I I I I ,,~='":-~__._.. I AG -~=:.~~~- .".,...,.-:;::.,.:..... ~:~~~~:.~.==;~~~~:-.~-~~=-=::::.:..::-=.::.:.:.-:..~-=-....:::=~~~ - - r-v- ,"() '< u / PS 7 c -, ¡II 4i B:' :~G':9..:-'ø~B::::c:; - . . & . I r I" I . . R~ March 22 1993 . CURR L;:! ,: ~I ( ~'n __~.RT;: R t(' f ¡ L..\:--.:...1 ¡¡:cL; DB ) ADOPTED: ( JlATC/! LISE - SEE Crtd 90424 Pag. '.. I~ '.' .., ~~-'-'----'- CITY OF NORTH RICHLAND HILLS ., I I I Department: Planning & Inspections c: uncil Meeting Date: 11/24/97 Subject: Request of Barfield Dickinson Joint Venture for a Final Plétt Agenda Number: of Lots 1 & 2, Block 1, Nob Hill Centre' Addition. (Locateâìn the 6600 Block of Precinct Line Road) PS 97-52 ---~~---- Barfield-Dickinson Joint Venture are the owners and developers :>f Lots 1 & 2, Block 1, Nob Hill Centre' Addition containing approximately 1.6 acres of land. This property is currently zoned C-1 Commercial. This property is located near the northwest corner of Martin Drive and Precinct Line Road. 1, Sidewalks: The Zoning Ordinance requires sidewalks adjacent to all public streets. The existing sidewalks were temporarily constructed by the City to provide a path for school children along Precinct Line Road. The owner is aware that permanent sidewalks may be required at this location. 2. Street Lighting: The applicant has been advised that streetli~¡hts are required at this location, Furthermore, the applicant has been notified that the developer will pay for installation of streetlights directly to T U Electric. 3. Drainage: The applicant is aware that a note will be placed 0~1 the plat indicating that no building permits will be issued on Lot 2 until drainage improvements have been installed according to the standards of the City of NRH. All other engineering comments have been addressed. This plat is in conformance with the principles and concepts of the adopted Comprehensive Land Use Plan for the City of NRH. The Planning & Zoning Commission considered this item at its November 13, 1997 meeting and recommended approval subject to the engineer's comments, requiring the street light, requiring a note on the plat that no development will take place on Lot 2 until such time that the drainage and utility issues are approved by the Public Works Department regarding access and easements are in place down to Martin Drive to the south, RECOMMENDA TION: It is recommended that the City Council approve the recommendéition of the Planning & Zoning Commission. --"'-'.._.--._._~.._--_.~_.- -.--... -----_.~------_. -_._~ . ._------'------_._----------,..__.._.~--_. ~~'~----~-~-_._----~--~--, ..----.-.---- Finance Review ....~-~_.-..~...--...._-----~ ,,,...... I I Source of Funds: Bonds (GO/Rev.) Operating Budget Oth.L-::> -_. LJ /i;g ~T-~- __1~~?J( Z "Ie \ ~\ (J' .l Ofì ~ --:/t1,¡tl,....... \ Depart ent Head Ignature J CITY COUNCIL ACTION ITE Acct. Number _ SuHicient Funds Av ò.ilable {\"-V"_/N/ v City Man FInance Ot(~çtO( Page 1 of ------- Mr. Jim Bell presented t' quest. He exp of the drainage ease along the southwest p sidewalks will be ucted. 7. PS 97-50 REQUEST OF STEVEN HESTER, ROB MCCAULEY & VICKI THOR R A REPLA T TO BE KNOW AS LOTS 3R1 - 3R3, BLOCK 2, CH ADDITION. (LOCATED IN THE 8700 BLOCK OF G HIGHWA Y) APPROVED Mr, Wood stated discussion and votin due to a conflict of interest he f this item. they arc! requesting a waiver line and the required Mr. Bowen easeme com the motion to approve PS 97-50, waivinq th ng the west property line and subject to all ether eng ehring seconded the motion and it carried 5 - 0, Mr Wood abstained. 8. PS 97-52 REQUEST OF BARFIELD DICKINSON JOINT VENTURE:: FOR A FINAL PLAT OF LOTS 1 & 2, BLOCK 1, NOB HILL CENTRE ADDITION (LOCATED IN THE 6600 BLOCK OF PRECINCT LINE ROAD) APPROVED Chairman Barfield stated that since he owns this property, he would be abstaining from the discussion and voting of this item, Mr. LeBaron explained that this final plat involves 2 lots ar¡j the front lot is the future site of a Dairy Queen, Mr. Doug Long presented this request. He explained that a drainage plan has been prepared for Lot 1 but not for Lot 2 since no plans currently exist for this lot. They have agreed to most of the engineer's comments. T'1e radius of the drive approach on Precinct Line Road is not indicated on the p at because he believes that Dairy Queen should address that issue with their buil:ling plans. He explained that the drainage of Lot 2 remains undetermined at this time but they do have a Letter of Commitment from adjoining lot owner:;. Currently there are hay bails at the back of lot 2, which are maintaining sheet flow to the west and south; this was approved by Greg Dickens. Respondin!~ to a question, Mr. Long explained that they a'e only platting Lot 2 at this time in order to guarantee Dairy Queen looped acces:;. to Martin Drive. There is a 4 way reciprocal agreement for alternate access from Precinct Line Road, Mr. Long stated that no Letter of Agreement from adjacent property owners has been obtained. They have permission for an underground system from the south property owners but no permission for surface wate'. Mr. Long is not sure when this can be obtained and a note can be placed on tr~== plat indicating that no development on Lot 2 will commence until this issue is ~esolved. Mr. Wood made the motion to approve PS 97-52 subject t:> engineer's comments, requiring the street lights, and requiring a note placed on the plat that no development will take place until such time that the drainage and utility issues are approved by public works regarding access and easernents in place down to Martin Drive to the south. Mr. Ferguson seconded the motion and it carried 5 - O. Mr'. Barfield abstained, 9. PZ 97-42 BUC HEARING TO CONSIDER THE REQUEST OF KARL E BLOCK 11, SNOW HEIGHTS NORTH ADDITION C-1 COMMERCIAL. (LOCATED IN THE LEWIS DRIVE) ORDINANCE APPROVE o -7 MUL TI- OCK OF DICK explain the rezoning request. Mr. f land currently zoned for multi-family requ he property be rezoned to C-1 property was eloped at this time. Chairman blic hearing and aske speaking in favor of the orward, Mr. Karl Stauss came 0 nd stated he pain Properties the owners of the site. s stated he had city staff about zoning options and felt that the 0 I " ict did not e sufficient flexibility to meet their medical retail sales needs, CITY OF N@RTH RICHLAND HII-JLS October 29, 1997 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS97 -51; NOB HILL CENTRE'; Block 1, Lots 1 :~ 2; Final Plat We have reviewed the subject documents submitted to this office October 17, 1997. The following items are for your consideration. 1. GRADING PLAN The submitted grading plan and drainage analysis requires a few revisions, The marked up set of plans is available for the Engineers, As stated in the letter to David Barfield from Gregory DickEms dated October 6, a letter of agreement is required from the adjacent propeiy owners The letter is required prior to the plat being placed on City Council ,Igenda for consideration, 2 FIRE HYDRANT It does not appear additional fire hycrants are required, based on the water layout plans provided. Appropriate cove-age radii for the applicable fire hydrants will need to be shown on the water layout sheet with the next submittal. 3. METES & BOUNDS The Metes and Bounds Descripti:m and the exhibit are not in agreement. The discrepancy occurs in the second t'J the last call. This needs to be resolved with the next submittal. 4 UTILITY EASEMENTS The Subdivision Ordinance recuires a 7,5-foot Utility Easement on both sides of all water and sanitary sewer mains The easement running east and west parallel to the south property lin:: should be a sanitary sewer easement, not a water line easement. The sanitary sewer main needs to be centered in this easement. It is shown to be 10 feet off of the property line. These items need to be revised on the next submittal. 5 ACCESS EASEMENT The access easement needs to be described with bearings and distances and described as a "Public" Access Easement. f) 0 8)< Cl?Oijl]:j . 'Jy¡¡ - :',-1 -~ ~, ~ . if¡, /30 1 ~lOí::ir~~,]'3r . J i / -.... . ') ì ~ ; ~.~ 6, OFF SITE EASEMENTS There are two off site easements required. One for the water line along Precinct Line Road and one for the sanitary sewer main originating in Martin Drive. These off site easements and exhibits need to be preparE!d and forwarded to the Public Works Departrrent for review. The signed easemEmts need to be transmitted to the Public Works Department for filing with the approved Final Plat. 7 .sJJ:ili. EASEMENT This Commission required the sigrl easement to be clearly described on the Plat during the Preliminary Plat review. This needs to be added to the Final Plat with the next submittal. 8, ROW DEDICATION Due to the variable ROW, the dstance from the back-of-curb of the existing roadway to the ROW line Df the proposed subdivision shall be shown to determine the adequacy of right-of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. These dimensions shall be shoV\n on the topographical drawing¡. Indicate the number or other designation on the "THD" monument found at the northeast property corner. 9. DRIVEWAY SPACING Section 1-01 requires a site plan to be submitted with the construction plans. This plan was not included. Trle plan will need to be included with the next submittal. Due to the minimum driveway and street entranC~3 spacing allowed on Major Collectors, no add tional (beyond the one propose,d on the submitted grading plan) access drive'3 will be allowed along Precinct Line Road. 10 TXDOT PERMITS The Plat is bordered by Precinct Line Road, a State Highway, A TxDOT Access Permit is required for the reconstruction of the driveway approach, The TxDOT permit application must be submitted to Public Works for approval prior to submitting to TxDOT The extEmsion of the water line in Precinct Line Road requires a Utility Permit from TxDOT. The plan needs to be revised and resubmitted to Public Works for review, prior to the application being forwarded to TxDOT 11. SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. 12. SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets. The existing sidewalks were "temporarily" constructed by the City to provide a path for the school children along Precinct Line Road, It is the owners responsibility to reconstruct the sidewalks in the proper' location. It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with the future sidewalk. 13. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. As previously requested, the locations of any existing street lights need to be shown on the topographical drawing to confirm c8mpliance with current ordinances, Any additional street lights which may be required based on current ordinances, needs to be coordinated with Public Wor~s and TU Electric. The cost for installation of any additional street lights will te paid by the developer directly to TU Electric. 14. ENGINEERS CERTIFICATION An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculation sheet in the construction plans, 15 INSPECTION FEES Inspection fees will be due prior 10 starting construction, The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage. There are a few comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. The Engineer has been contacted regarding the plans. The comments contain€,ej herein do not purport to relinquish the design engineer of their responsibility to provid:~ 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 NorHl Richland Hills for the engineering in the bid documents, The marked-up blue lines need to be returned with the next submittal. .'/"1, . JI ¿' '---+l~JU~ .' ( ~_~,_L- Jul(a W. Skare, P:'Ë, Staff Engineer JWS\pwm97181 cc Kevin B. Miller, P.E., Assistant Public Works Director Barry LeBaron, Director of Planning & Inspection Services Owen D. Long\1615 Precinct Line Road, Suite 106\Hur:;t, Texas 76054 - -... ,-' .. " . ~.J ~ Owen D. Long and Associates, Inc. CONSULTiNG ENGINEERS December 4,1996 ~1H~., ~ '(.-1 cr RECÐVP-) Ü ,)... . _ L -1"" I- ,¿-: ¡-- o NOV U 7 .I~ Mr. Kevin B. Miller, P.E. Assistant Public Works Director City of North RichlanQ Hills 7301 N.E. LOOP 820 . North Richland Hills, Texas . ,-0, , '. \ (-<7 ~' . 111~.~· '<~/!\¡G 8( lU . Re: PS97-51 NOB HILL CENTRE' Block l, Lots 1 & 2 Final Plans North Richland Hills Dear Kcvin¡ We have received a copy of your memo dat~d October 29, 1997 addressed to the Planing and Zoning Commission regarding the captioned Final Plat with construction plans. We have the following comments. 1. A revised Grading Plan will be sUbmittec:. 2. The Fire hydrant radius will be added to the plans. J. The meets and bounds description will be corrected. 4. The revised easements will be shown on OUr next submittal. 5. The "Public Access Easement" will be des::ribed with bearings and distances. 6. All off-site easements will be transmitted to the Public Works Dept. 7. A sign easement will be added to the Fina Plat. 8. The R.O.W. distances will be added to the plat. 9. The dr 1 veway wi 11 be tied down with the nmct submi tta 1 and a site plan will be submitted with the building plans. 10. Dairy Queen will apply tor a TxDOT Access Permit. It is our understanding that the city will install the 12" water line in Precinct Line Road, and We will prepare the permit application for the city to apply for the utility Permit. 1615 PrecInct Une Road· Suite 106/ Hurst, Texas 75054/ Phone (8\7) 281-8121 11. The appropriate signatures will be addeci to the Final Plat prior to the filihg of the Fin~l Plat. 12. The sidewalk alohg Precinct Line Road will be maintained during cOhstruction, and a covenant will be signed by the owners, if the sidewalk has to be moved in the future. 13. The owner requests a waiver on the streEtlight requirement since on-site lighting will be provided. 14. An Engineers Certification will be added to the Drainage Plan. 15. Inspection fees will be paid prior to COI\struction. Additional comments on the marked up set of bluelines will be addressed with our next submittal. Ýf11.~,- -l (: . , -/ .- " Mark D. Long, P.E. ee. 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"- ' I ~~I1.I"'NG""L I ------.------.-./"~~ I ,,' ' .' --\ ..", ~ ~ r" -:~~\////, -~. ___' J . , .JJ.------ "' )I.) I .- R·2 126-1 i' ~ 1\ ").) ! -- .- . .. I __~._J --~-, I - 'J I . "'. ' ~ '---- ."' ;.,....... '~1· _~-=,"~ \) \ t..; ;-------~~ \'.~ ",~,~'\ I" /,..-l ( R·2 1 J 4 J \. / '-..j ;~¿().: --._-_.~ '...:' .:t . ~ AG " - l====~-;=='''~-''Ec;~.='-.~" h '=03'" ~i '..:-.: _,..J~ i' hi ~j ", :1 y 1 ¿"" ~ I. ~_..~ _.~ .. ,-I , ' ~-- - ..'<" '?t':' . .,~.,§!' R-1 " J ~.~ . .J I , " I ~ , - i -: ' I ~ ' i ~ : I , . I ~' '1 ,,';,'r-' 0' ' ",Ir-, r din ,J n·- -,. ? () ". I'" ... t:" 0 . ;.J ~.f \ P ~! -I ~ ' > <I >1 ~: --- , \ \ ..--l---/ \ V'lL"'-- .~I ¡-_~ 1 \ ,,\ l, \ I,. -', .J \ i C·1 I W · I 1.\i\7 z. [~ II I~ '- III I Zu ,¡ .' - DR----::. ::n::.. 'C.__.- - - _1' , II ~fl~ ~:,' I 2 G 1 4. 0 ._C':__' " ~-=--- - I .:"b~r . - - I J'.' \]'. IJ 199-4 -, -M,.\RíIN--D f), ~ f)" PIIIi: '. '-'),'.' 'r.., =, - ---- _... _ L. l tl<;¡1 - ¡: ¡ r) _....... . ~~,~... w'-^S. I '--c -, , i ~ " AG -------- ,., y I I , \'-'-: .. ---\ \ ,-" --\ \\.-- - -.':-\ '\ [ ...::.:: ' G':""'Q ~ ~':~_? ~H ) , ¡ J -_..-------- !. r '-- , ','" CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections C )Uncil Meeting Date: 11/24/97 Subject: Consider Amending Ordinance NO.1 927, the NRH Mechanical Code. Ordmance No. 2252 Agenda Number: GN 97-132 The fee schedule in the current NRH Mechanical Code occasionally creates confusion to some area contractors. The confusion is created because the construction value multiplier includes a percentage of construction value which makes it difficult to determine where to place the decimal point when calculating the permit fee. The attached Ordinance No. 2252 deletes the word "percentage" and inserts the word "multiplier." RECOMMENDA nON: It is recommended that the City Council approve Ordinance No. :?252. -----~-----~-- ---_._-----~---~-----~~----~~ .,~--- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _____ Other Acct. Number _, Sufficient Funds Available i [, 8~ ¡t?~ ßd-.. ~~v ......): Departm nt Head Signature l/ ------~. CITY COUNCIL ACTION IT - ~1v~A ~f:¡¡L City Mar:1ag r o Fin~ce OJntc10r Page 1 of --- ORDINANCE NO. 2252 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NO. 1927, MECHANICAL CODE OF THE CITY OF NORTH RICH LAND HILLS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Section 13. Amendments, paragraph 1, i::, hereby amended to read as follows: 1. Chapter 3, Table 3-A, shall be deleted in its entirelY and amended to read as follows: MONETARY VALUE OF PROPOSED WORK $ 0.00 - 1,500 1,501 - 3,000 3,001 - 5,000 5,001 - 50,000 50,001 - 100,000 100,001- 500,000 500,001 - or more BASE +MUL TIPLlER OF MONETARY VALUE $ 30.00 35.00 40.00 00.00 + .009 100.00 + .008 200.00 + .006 700.00 + .004 SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Code of Ordinance:;., as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Code of Ordinances, which shall remain in full force and effect. SECTION 3. That any person, firm or corporation violatirq any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of éJ misdemeanor and, upon conviction in the municipal court of the City of North Richland Hills, Texas, shall be subject to a fine not to exceed the sum or Two Hundred ($200.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 4. This ordinance shall take effect immediately after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of North Rich/and Hills, Texas, on the day of ,199_ APPROVED: MAYOR ATTEST CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY CITY OF NORTH RICHLAND HILLS Department: Finance C;uncil Meeting Date: 11/24/97 Subject: Establishment of a Reserve for Replacement and Agenda Number: Repair of Infrastructure at the Aquatic Park - Resolution N6~ 97 -54 GN97-133 At the November 10th Pre-Council meeting, City Council expressed a need to formally establish a reserve for upkeep of the existing infrastructure at the Aquatic Park separate and apart from Aquatic Park Expansion. In response to this directive, staff has composed a resolution which would formally provide for such a reserve. In practice this reserve already exists in the Aquatic Park Fund, but it is understood that the reserve should continue to grow to meet the replacement and repair needs as the Aquatic Park ages. The proposed resolution provides for the establishment of the reserve and defines the purposes for its restricted use, The reserves are restricted to major infrastructure replacement and repair and cannot be used for routine replacement or repairs which should be Included in the annual operating budget. The reserves cannot be used for adding new attractions :Jr adding support areas for new attractions. Recommendation: It is recommended that City Council approve Resolution No. 97-54 for the establishment of a reserve for Replacement and Repair of Infrastructure at the Aquatic Park. -----_..__._-_.._._._---~--_.~--~-_.._- ._--~~--_._._-_._------ ._._--------------_._-----~._----~---_.__.__._- ---~------------ - --~---- --- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Acct. Number _, Sufficient Funds Available (, *.~,t-J ~r,->rv-~_ I ---I~/ "'\ ~ " '-I ' / .,~ ! i I _I ... '/tJ it/I,tA /<-Cvcc') t...·c- /, l. I;. J ','i '/ ;V!',I./Z· 't-'oí"..J Depa ment Head Signature / / j City ¥anager _____.__u_.~__,__________.____., CITY COUNCIL ACTION ITEM Finance 01rtK10r I _____ ..I Page 1 of ~'-'------'-- RESOLUTION NO 97-54 WHEREAS, the City Council of the City of North Richlanj Hills desires to protect the public investment in the Aquatic Park known as NRH20; and WHEREAS, the City Council finds it desirable and scund fiscal management to replace and preserve the infrastructure of said City owned Aquatic Park; and WHEREAS, the City Council believes such preservati:m may be secured by the creation of a Reserve in the Aquatic Park Fund dedicated solely" to the major replacement and maintenance of the Aquatic Park facilities and structures; and WHEREAS, the City Council has determined that the creation of said Reserve will be in the best interest of the citizens of the City of North Richl:md Hills, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CI"'Y OF NORTH RICH LAND HILLS, SECTION 1 : THAT there be and is hereby created a R:~serve in the Aquatic Park Fund to provide solely for major replacement and maintenance of Aquatic Park facilities and structures. SECTION 2: THAT the Reserve shall be established émd monies dedicated and deposited therein on an annual basis as part of the annual bu:lgetary and fiscal process of the City of North Richland Hills, SECTION 3: THAT funds shall be specifically reservE,d annually (based on life expectancy and replacement value as with deprecation) for major improvements and replacements, and the reserves will continue to grow and be maintained at a level which will preserve the Aquatic Park as determined by the City Manager and approved by the City Council. SECTION 4: THAT all expenditures from said Reserv:~ shall be consistent with approved contracts or bid specifications and that policies and procedures for the Administration of said Reserve shall be developed by the City Manager, SECTION 5: THAT such Reserves shall not be used for routine maintenance and minor replacements which will be provided for in the annual operating budget of the Aquatic Park. SECTION 6: THAT such Reserves shall not be used:or additions to the Aquatic Park, including but not limited to new attractions or support aleas for new attractions, SECTION 7: THAT in the event of a natural disastE' or other public calamity resulting in an extreme emergency said Reserves may be us:~d for purposes other than those specified herein with approval of the City Council. PASSED BY THE CITY COUNCIL this 24th day of November 1997. APPROVED: Tommy Brown, Mayüf ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Finance C:)uncil Meeting Date: 11/24/97 I - I I I At the November 10th Pre-Council meeting, the addition of the Master Blaster attraction at NRH20 was I approved. The plan that was presented at that meeting called for the financing of the attraction with future debt which will probably be revenue bonds. The City has planned to do debt financing for certain budgeted, Council approved projects in the Spring of 1998. At that time we will meet with the rating agencies, issue the debt and receive the funds for the projects. In " 997 our schedule began with the rating agency meetings in April and we received the funds in early June, If we repeat this schedule in 1998, it will be necessary to provide for interim financing for the new:lttractíon which will be completed in time for the Park opening in May. In the past, we have funded prDjects with existing funds until we sold the bonds. When the bonds are sold we "repay" the interim financìng funds with the bond proceeds. We plan to use existing Aquatic Park and Parks Development Corporation funds to interim finance the project. To do this, a reimbursement resolution should be approved ':Jy the City Council, Subject: Intent to Reimburse Expenditures with Proceeds Of Future Debt - Resolution No. 97-55 Agenda Number: GN 97-134 Recommendation: It is recommended that City Council approve Resolution No, 97-55 declaring its expectation to reimburse capital expenditures with proceeds of future debt. -- ---- - - ---- ------- ~---~-~---------------~~-~---~~--- - Finance Review ----_._------~_._----_._---,----_.__._------ Source of Funds: Bonds (GO/Rev.) Operating Budget Other Accl. Number _ Sufficient Funds A\ailable -Ÿ. ^ ./ 9/ ~ ~;;t</r[M-<"'ß-/ .......ß / ~/ "\) .' /,- þ/ /" J' . -I- {.v1.,"''t· f i ',-1"~z...,.-yt..L-\... . . /)/\o<tl! ,',¡!/ h/i. 'v')/-- r~ ~ Depa'¡tment Head Signature ' / J v' City no/Jer CITY COUNCIL ACTION ITEM ~j Finance DI(ector -------~-- Page 1 of - ---..-.-------- Resolution No, 97-55 A RESOLUTION declaring expectation to reimbur :;e expenditures with the proceeds of future debt. WHEREAS, the City of North Richland Hills, Texas (tr,~ "Issuer") intends to issue debt for Aquatic Park improvements (the "Project") and furtr'~r intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Treas. Reg, § 1.150-2 (the "Regulation"), to fund such reimbursements with the proceeds of tax-exempt obligations ~he Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its abilit',r to reimburse the capital expenditures with the proceeds of tax-exempt obligations, NOW, THEREFORE, BE IT RESOLVED BY THE CI ry COUNCIL OF NORTH RICHLAND HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of deU hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations ex)ected to be issued for the Projects is $2,093,000. PASSED AND ADOPTED this 24th day of November, 1997, APPROVED: Tommy Brown, Mayc ATTEST: City Secretary APPROVED AS TO LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS l I I ] Department: Economic Development C :luncil Meeting Date: 11/24/97 Subject: Approving Agreement with Arcadia Realty Corporation ,_ Agenda Number: to Participate in Funding a Market Position Analysis and Amending the 1997/98 Budget GN97-135 City Council and Planning & Zoning Commission Members held a jo nt meeting on November 18 to review preliminary plans by Dallas-based Arcadia Realty Corporation to develop an upscale, multi-use project on 333 acres owned by Raytheon/E-Systems, Trust, Inc. In order to determine the property's highest and best use--and reveal the types of businesses needed in the Northeast Tarrant market--Raytheon/E-Systems and Arcadia officials plan to engage a consulting firm (ZimmermanNolk & Associates, Inc.) to prepare a $109,000 Market Position Analysis (MPA). Since the proposed development includes proposed Park & Recreaton amenities--and the MPA will reveal data of use to the City's Economic Development program--Raytheon/E-System and Arcadia representatives requested North Richland Hills' participation in financing the MPA. At the November 18 work session, it was the consensus of the Council to participate financially in the MPA, not to exceed $22,000. This action item has been prepared as a follow-up to obtain formal approval. RE~QMMENDA TION It is the recommendation of City staff that Council: 1 . Authorize the City Manager to negotiate a Letter of Agreement with Raytheon/E-Systems Trust and Arcadia Realty Corporation to approve the selection of ZimmermanNolk Associates, Inc. and to share in the costs of producing a Market Position Analysis for development of 333 acres immediately north of NRH20 not to exceed $22,000. The Letter of Agreement will stipulate that the City shall receive a certain number of copies of the MPA as a result of its participation. 2. Amend North Richland Hills' 1997/98 Budget to reallocate $11,000 from the Parks Facility Development Corporation and $11,000 from Economic Development Department to cover the City's share of the MPA's costs. Raytheon/E-Systerns Trust and Arcadia Realty Corporation will pay the balance ($87,000) of the $109,000 study. ~.~~~-----~--~--- Finance Review --------~._~---._._- Source of Funds: Bonds (GO/Rev.) OAe rating Budget ~___ \ : ' (i)t~e~ Acct. Number _" SuHicient Funds Available ~W\-'í(", ~ð''Vé-x.. / (' ~' '~, .. ¡ / . ,.''---.. \ . ~,'. -.. /, I Departme~t ~ead Signature -;J1> )1. i" ) /(Á4~:;~aJ:~~~ /-0 CITY COUNCIL ACTION IT-EM / Finance D".01O' I I I I _J I I l______________~____ Page 1 of _______ FISCAL YEAR 1997-98 BUDGET AMENDMENT SUMMARY PROMOTIONAL FUND TOTAL REVENUES ADopr::D REVISED ACTUAL BUDGET PROPOSED BUDGET FY 1995/96 FY 1997/98 CHANGES FY 1997/98 $258,057 $308 498 $308,498 3,242 18 000 18,000 4,914 6000 6,000 31,393 31 :202 $11,000 42,202 $297,606 $363 100 $11,000 $374,700 -- --'-----,-,----,.._- REVENUES Occupancy Tax Proceeds Head for the Hills Revenue Interest Income Appropriation of Fund Balance EXPENDITURES Economic Development Encumbrances TOTAL EXPENDITURES $264,365 1,~41 $265,906 . ------,.,', -_._----~_.__. $363 100 o $11,000 $374,700 o $363 700 $11,000 $374,700 - -.-.. -----____..___._.__....~____..._.._.,._ - ,n_ __ ____ _ _"_ ._~___.. BALANCE $}1 ,700 $0 FISCAL YEAR 1997-98 BUDGET AMENDMENT SUMMARY PARK AND RECREATION FACILITIES DEVELOPMENT FUND ADOPT[D REVISED ACTUAL BUDGET PROPOSED BUDGET FY 1995/96 FY 1997¡q8 CHANGES FY 1997/98 REVENUES Sales Tax $3,369,110 $3,579,250 $3,579,250 Interest Income 49,229 85,000 85,000 Green Valley Soccer Proceeds 0 13,::;97 13,597 Tennis Center Revenue 0 120,000 120,000 Appropriation of Fund Balance 0 0 0 TOT AL REVENUES $3,418,339 $3,797,,iA7 $0 $3,797,847 .....----.--.-.-....------.---.---.-..,.. - ---------............--------- EXPENDITURES Operati 1'19 £xpenditu res Park Facilities Develp. Admin. $242,936 $271,B28 $11,000 $282,828 Indirect Costs 180,882 202,610 202,610 Maintenance & Operations 238,332 500,741 500,741 Tennis Center Operations 0 254,610 254,610 - .'-------....----- -. --------------- . --.-.---..-- Total Operating Expenditures $662,150 $1 ,229,~·89 $11,000 $1,240,789 ----- -- __._......__ ~__n..__.._.,_._.._ . --- .._-- -----"---- .-..-.-....-. OtherExpenditures& Reserv_es Debt Service $1,238,625 $1,276,E20 $1,276,620 Reserve for Capital Projects 1,517,316 1,291,L'.38 (11,000) 1,280,438 Undesignated Fund Balance 0 0 0 Encumbrances 248 0 0 ··____··'····m...______._._ _ Total Other Expenditures and Reserves $2,756,189 $2,568,( 58 ( ~11,-ºº_º) $2,557,0?ª - - n____ _ _____.._.__~___ -----_._---~---- TOT AL EXPENDITURES $3,418,339 $3,797,e47 $0 $3,797,847 ------_...~----_.- NET INCOME (LOSS) $Q $0 $0 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Subject: Award of Bid for Master Blaster at NRH20 - Resolution No. 97-56 Council Meeting Date: 11/24/97 Agenda Number:PU 97-105 The City Council, at their November 10, 1997 meeting approved the addition of the Master Blaster water slide at NRH20. The Master Blaster is a patented, sole source supplied attraction provided by NBGS, International. The slide consists of the slide tower with queuing, molded slide, conveyer, steel supports, and associated pumps and filters. Staff has received a bid from NBGS in the amount of $1 ,561 ,471. Upon execution of the contract, NBGS will begin engineering and fabrication of the slide. Delivery and installation of the slide is scheduled for late March and April and the slide will be commissioned the first of May prior to the park's opening weekend. In addition to a full one year warranty, NBGS will provide operation and maintenance training for our staff. The total budget for the new attraction project is $2,093,000. The remaining work associated with the new attraction includes the necessary earthwork, drainage, sidewalks, pump and filter room, landing pool, electrical connections, plumbing connections, and landscape and irrigation. Bids for this work will be solicited in January and will require completion of the infrastructure, reinforced by a liquidated damage clause, prior to the slide installation start date in March. A budget balance of $531,529 is available for the infrastructure, mechanical, electrical and plumbing support facilities construction for the attraction. RECOMMENDATION: Staff recommends that City Council award the contract for the Master Blaster to NBGS, International, in the amount of $1 ,561 ,471 by passing Resolution No. 97-56. Attachment -~_. Finance Review Source of Funds: Acct. Number _,_ Bonds (GO/Rev.) SuHicient Funds Available Operating Budget ~_ Other I ~~,~~ -ò~ Department Head Signature CITY COUNCIL ACTION I M Finance Director Page 1 of J RESOLUTION NO. 97-56 WHEREAS, the City Council has approved the addition of a new feature at the City's Water Park NRH 20 which is called the "Master Blaster" and WHEREAS, the City Council has determined and finds that the product known as "Master Blaster" is unique and that there is a single source for procurement of such park feature which source is New Braunfels General Store International, Inc.; and WHEREAS, the City Council finds that there is no comparable product on the market with the capabilities of the "Master Blaster: and that New Braunfels General Store International, Inc. holds all patents connected with the product in question; and WHEREAS, the City staff has negotiated a contract for the purchase of the "Master Blaster" from New Braunfels General Store, International, Inc. for the sum of $1,561,471.00, which the Council finds to be fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the attached agreement with New Braunfels General Store International, Inc. as the act and deed of the City. PASSED AND APPROVED this 24th day of November, 1997. APPROVED: - Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney AGREEJ\'IENT 1. Date. The effective date of this Agreement is November 24, 1:97. 2, Parties, The parties to this Agreement are NEW BR.\UNFELS GENERAL STORE INTERNATIONAL, INC, 3150 IH 35 South, New Braunl~¡s, Texas 78130 ("NBGS" or "SELLER") and The City of North Richland Hills, 730 I NE. Loop 820, North Rich1and Hills, Texas 76180, ("NRH" or "BUYER") -' Recitals, NBGS desires to sell and BU'r'ER desires to purchlse a Master Blaster® tìberglass slide, complete with starting tower, support columns, design ad installation, (herein collectively referred to as the "SYSTEM") as detailed in Exhibit "A" and "B" attached. The SYSTEM will be installed by NBGS at 9001 Grapevine Highway, North Rich1and Hills, Texas 76118, In consideration of the mutual covenants and consideration hereir set forth, the parties agree as set forth in the following paragraphs 4, Contract Documents, The contract documents consist of ths Agreement, including Exhibits "A", "B", "C", "D", "E" and '''F'', attached hereto, the dra,vings, specifications and addenda issued prior to execution of this Agreement, other documen:s listed in this Agreement, and modifications issued after execution of this Agreement. All thE foregoing form the contract and agreement between the parties, and are as fully a part of the A.greement as if attached to this Agreement or repeated herein, This Agreement represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations representations or agreements, either written or oraL 5. Relationship of the Parties NBGS and BUYER accep· the relationship of trust and confidence established by this Agreement, and covenant with etch other to fully cooperate with each other and utilize their best skill, efforts and judgment in th( completion of the project. 6, Scope of \V ork The SELLER's duties and responsibilities wid respect to the work and products to be provided under this Agreement are set forth in tre following subparagraphs, subject to a timely performance of BUYER's obligations as hereinafter provided in this Agreement, ~~ : 6.1 NBGS agrees to provide to the BUYER design docum .:nts for the Master Blaster slide path, engineered documents for the structural support system, s TUctural foundation engineering, the ride piping and pump requirement designs, and schematic pump room and poollayour. 6,2 NBGS will design and complete the manufacture of tl:: tangible components of the SYSTEM on or before March 3, 1997, and arrange for the shipment of the SYSTEM as provided in Section 9. The color of the water slides will be ìŒGS standard tan - gel coat # 10071 on the inside and green - gel coat # 10057 on the outside 63 Should the BUYER desire the NBGS advisors to perform additional work beyond the scope as detailed in Exhibit "A" and "B", then BUYER agrc:~s to pay additional amounts in accordance with the labor and per diem charges as set forth in E IChibit "E". NBGS\NRHRev,1.1 Page 1 64 NBGS, may at the request of BUYER provide corsultants and/or assistants whose duties are in addition to those required to be undertaken an j provided by N13GS under this Agreement. If any such consultants are provided by NBG~" they sha!l be the subject of a separate written agreement between NBGS and BUYER and said agreement shall outline the duties of the consultant and the cost of the consultant. BUYER will be responsible for the cost of the consultant unless otherwise agreed to in writing 6,5 NBGS wi!l only be responsible for equipment damag;:s and losses due to the NBGS employee's negligent acts or omissions. In no event is NBGS responsible for consequential damages or losses, 66 NBGS agrees to perform its obligations in a timely a'd professional manner. NBGS agrees to reasonably cooperate with the BUYER to make up construction delay time whether caused by NBGS or others It is acknowledged that NBGS personnel have no control of or authority over the BUYER's or owner's supplied and control ed construction crews, materials procurement and suitability, site conditions, worker quali :',cation and diligence, weather, vacations, strikes, timely site access and other conditions that c m delay the work. 6,7 NBGS will provide, in advance to the BUYER the m œssary anchor bolts, templates, and embeds in anticipation of the arrival of the balance of the tangible components of the SYSTEM, 6,8 In addition to the foregoing, NBGS is responsible for the items listed and allocated to NBGS in Exhibit "A", "B", and "D" of this Agreement. 7. Contract Price: Terms of Payment BUYER will pay NBGS the contract price of U,S, One million five hundred sixty six thousand four hundred seventy one dollars and no/1 00, (D,S, $ 1,566,471.00) in accordance with the terms hereof, subje:t to adjustments as elsewhere provided in this Agreement. Payment of the contract price wi I be in progress payments as set forth below: BUYER will pay a deposit of $ 525,000.00 on or before NO\I~mber 25, 1997. BUYER will pay the sum of $ 200,000.00 on or before January 10, 1998. BUYER will pay the sum of $ 200,000.00 on or before February 10, 1998 BUYER wil:: pay the sum of $ 200,000.00 on or before Mach 10, 1998. BUYER will pay the sum of $ 100,000.00 on or before Apr 10, 1998. BUYER will pay the sum of $ 141,471.00 upon commissioning of the SYSTEM. The balance of the contract price, being $200,00000, will be p,lid by May 31, 1998 or at the time of commissioning, whichever comes tìrst. The parties ackLOwledge that commercial use of the SYSTEM is equivalent to acceptance of commissioning NBGS acknowledges that fu!l payment of the contract price does not release NBGS from res"onsibility for the specified services it agrees to provide as set out in this Agreement, but n:> refund is due if perrormance of such services is not due to NBGS' s neglience, act, or omiss ;)n, NBGS\NRHRev,1.1 Page 2 Included in the contract price specified above is an allowance (t'$ 105,000,00 to be used for fees for equipment rental and temporary utilities and a separate allowance of$ 100,00000 to be used for the manutàcture and installation of a conveyor. It) s understood by both parties that if the allowance figures above exceed the amount listed, a :hange order will be written to cover the excess in NBGS' s costs 8 BUYER's Obli2:ltions BUYER agrees to perform the '.)lIowing obligations, the timely performance of\vhich the parties agree is required for the perfl ¡rmance of NBGS obligations 8 1 BUYER must provide the deposit prior to November 2:;,1997 Failure to provide the required deposit br November 25, 1997 and other schedulec payments will excuse delays by NBGS in manufàcturing components of the SYSTEM and :onsequently late delivery of the SYSTEM to the job site, 82 BUYER must provide N13GS with a detailed schedule If construction, which specifically addresses the scheduling of involvement of NBGS in the completion of the fàcility, BUYER must provide to NBGS with the name of the job foreman in advance of NBGS's arrival. Upon arrival, the NBGS job superintendent and the BUYER's job foreman will plan the project as per the scope as listed in Exhibit" D" of this Agreement. 83 BUYER is responsible, at its sole cost, for the c<lnstruction, design, supply, and installation of all site work, buildings, pools, decks, foundations, footings, filtration equipment, chlorination equipment, pump rooms, plumbing services and or piping of any kind, electrical services and/or materials of any kind, painting services of aJ y kind, and any other items not specifically listed in this Agreement and delegated to NBGS, ] II connection with that obligation, BUYER agrees to provide at BUYER's sole cost and ex¡:;::nse the appropriate number of qualified workmen and supervisors necessary for the timely installation and erection of the Buyer's scope of work for the SYSTEM as described in 8.5 oj this Agreement. 84 BUYER must obtain and pay for, at the sole cost ofle BUYER all building pemÜts, licenses, duties, tariffs, taxes, and submissions as required by a ;¡thorities having jurisdiction over the work. 8 5 BUYER must, prior to the NBGS arrival, prepare and complete the foundations and/or foundation tbotings, sonotube concrete columns, special pl,:fonns, pump rooms,.- plumbing, pools, electrical, and other necessary Ülbrications and service, necessary for the installation of the SYSTEM, BUYER must also, prior to NBGS's arriva. supply NBGS with an as-built survey of the center point and elevations of the ride support; If it is found that the as-built conditions do not match the design, the BUYER shall corre:t the support locations prior to arrival ofNBGS's installation crew. 86 BUYER must provide upon arrival, at its sole cost. adequate numbers of qualitied manpower and equipment to unload the SYSTEM as detine: by NBGS BUYER must also provide, at its sole cost, for the safety and storage of the S'\SrEM at all times after it has been delivered 8 7 BUYER agrees to exercise best efforts to enable NBG>; to perform the work required of it under this Agreement in the best way and most exped '..ious manner by furnishing and NBGS\NRHRev 1.1 Page 3 apprOVIng In a timely way information required by NBGS n accordance with the contract documents, 8.8 BUYER must provide to the NBGS advisors at BUYER's sole cost and expense (i) a safe and adequate construction site environment and conditi inS and (ii) offices, supplies and equipment reasonably necessary for performance of their dutie:, 8.9 In addition to the foregoing, BUYER is responsible fCI the items listed and allocated to BUYER in Exhibit "A", "B", and '"D" of this Agreement. 9 Shippin2: and Commissionin2:, 91 On or before March 9. 1998, NBGS will deliver the S"'STEM to the job site. 9.2. On or before May 1, 1998, NBGS will commission the SYSTEM, subject to the Owner's completion of their scope of work and the completior of the necessary infrastructure, 10. Chan2:e Orders. Changes in this Agreement may be accomplished by change order without invalidating this Agreement. A change order will be based upm agreement between the parties and any changes in the Agreement or scope of work or other :>bligation of either party must be performed under applicable provisions of the contract documents, unless otherwise provided in the change order. A change order is a written instrument s,gned by the parties stating their agreement upon (i) a change in the scope of work or ar y parties obligations under this Agreement, (ii) the amount of the adjustment in the contract ~ "ice, if any; and (iii) the extent of the adjustment in the time of performance of obligations, if any 11 Patent or Copyri2:ht Infrin2:ement Claims, NBGS will defe'd suits or claims for infungement of it's patent rights and copyrights and will hold BUYER harm less from loss on account thereof~ but NBGS will not be responsible for such defense or loss wr.en a particular design, process or product of a particular manufacturer, other than NBGS, is re;uired by the contract documents or the BUYER or with respect to claims of violation of intellectual property rights under the laws or rules of countries other than the United States. Th( provisions of this Section apply only with respect to the SYSTEM components designed b, NBGS and installed at "North Richland Hills W aterpark", 12., Indemnification, ~~ ." 12.1 NBGS will indemnify and hold harmless the BUYER fom and against claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the design or manufacture of the SYSTEM, This indemnity of NBGS doe:; not extend to any liability, loss, damage, penalty, cost, or expense or for claims for personal injury, death or property damage caused by, due to or relating in any way to the BUYER's obigations under this Agreement or the negligent acts or omissions of parties other than NBGS, 12..2. BUYER will indemnify and hold harmless NBGS fflim and against claims, damages, losses and expenses, including attorney's fees, arising out :>f or resulting from the use or operation of the SYSTEM or BUYER's or the owner's negligent acts or orrusslons in connection with the installation or construction of the SYSl EM or because of the tàilure by BUYER to perform any of its other obligations under this Agr~ement. NBGS\NRHRev 1,1 Page 4 13, Warrantv, NBGS provides a limited warranty of the SYSTEM on the terms and conditions set forth in Exhibit "C" attached. 14 Force Majeure. If performance by either party of any tel m, condition or covenant in this Agreement is delayed or prevented by any Act of God, strike, lock-out, shortage of labor or material, restriction by any governmental authority, civil riot, flood, or any cause not within the control of such party, the period for pertè)rmance of the tel In, condition or covenant will be extended for a period equal to the period the party is so delaYE d or prevented 15 Arbitration. Any controversy or claim arising out of or relatitg to NBGS advice/supervision or commissioning of the SYSTEM under this Agreement m .lst be determined by arbitration administered by the American Arbitration Association underrs International Arbitration Rules, The arbitration proceedings must be conducted in San An1 unio, Texas USA in the English language. The arbitrator appointed to hear and decide dispues under this provision must be a citizen of the United States of America. 16. General Provisions. 16,1 All payment(s) under this Agreement are due in New Braunfels, Comal County, Texas, at the address of NBGS set forth on page 1 of this Agreement or as subsequently directed by NBGS in writing. All payments outlined herein are payable ir United States of America current legal tender. 16,2 Attorney's Fees. Any party to this Agreement who s the prevailing party in any legal proceeding against any other party brought under or in conn ::ction with this Agreement or the subject matter hereof, shall be additionally entitled to recover court costs and reasonable attorney tèes, and all other litigation expenses, including d,:position costs, travel and expert witness fees from the non-prevailing party 16.3 Binding Effect This Agreement is binding upon and Inures to the benefit of the parties hereto and their respective successors and assigns, 16.4 Choice of Law. This Agreement is subject to and gc verned by the laws of the State of Texas, Each party hereby submits to the jurisdiction of the s He and tèderal courts in the State of Texas ami to venue in Comal County, Texas. ." 16,5 Counterparts, This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same (,ocument. All counterparts will be construed together and constitute one and the same instrumen:. 16,6 Further Assurances In connection with this Agn ,:ment as well as all transactions contemplated by this Agreement, each signatory party hereto :lgrees to execute and deliver such additional documents and instruments and to perform such a Iditional acts as may be necessary or appropriate to et1èctuate, carry out and perform all of the "~rms, provisions and conditions of this Agreement and all such transactions, NBGS\NRH.Rev 11 Page 5 16,7 Indemnity for Breach Each party hereby agree'" to protect, indemnitY and hold harmless the other party from and against any and al!losses, (,)sts (including, without limitation, the costs of litigation and attorney's fees), claims, causes of\ction, damages and liabilities that are attributable to the breach by the indemnitying party:.f any of the provisions of this Agreement. 16 8 Legal Construction In case anyone or more ot the provIsIons contained in this Agreement is for any reason invalid, illegal or unenforceable 111 any respect, to the extent such invalidity or unenforceabi!ity does not destroy the basis of tb: bargain among the parties, such invalidity, il!egality or unenforceability will not affect any other provision hereof and this Agreement wil! be construed as if such invalid, illegal or unen;Jrceable provision had never been contained herein, Whenever required by the context, as uStd in this Agreement, the singular number includes the plural and the neuter includes the masc\ dine or feminine gender, and vice versa, The Section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent or for any purpose, to !imi. or define the text of any Section, This Agreement may not be construed more or less favorabl) between the parties by reason of authority or origin of language. 16,9 Notices, Any notice or communication required or pcmitted hereunder will be deemed to be delivered, whether actually received or not, when derosited in the United States mail, postage fully prepaid, registered or certified mail, and address ~:d to the intended recipient at the address shown on the tirst page of this Agreement, and if not so shown, then at the last known address according to the records of the party delivering the notice. Notice given in any other manner is effective only if and when received by the addresse Any address for notice may be changed by written notice delivered as provided herein, NEW BR\UNFELS GENER-\.L STORE INTERN.-\. TIONAL INC. NORTH R[CHLAND HILLS By: By:_ Name: Name Title Title: -- .. "SELLER" "BUYER" NBGS\NRHRev 11 Page 6 EXHIBIT "A" SYSTEM Master Blaster ® Single/Tandem Ride: (Straight Sections) Master Blaster ® Single/Tandem: (Radius sections) Total ride length 79 :~: Feet 241 371 Feet 114 1, 66 Feet 355 Meters Meters Meters I. DESIGN SERVICES TO INCLUDE: Two (2) sets of drawings for the: 1) Slide path design, 2) Engineered structural support system. 3) Engineered foundations 4) Ride piping and pump requirement designs, and sch,:matic pump room and pool layout. 5) All other design will be the responsibility of Brinkle:' Sargent Architects. Two (2) copies of Operation and Maintenance manuals. Complete (1) year limited warranty of defects in workmanship ,nd materials, II. EQUIPMENT MANUFACTURE AND SUPPLY Waterslide: $539,388 Based on a preliminary design of 100% de-watered & containe(, the Master Blaster will include the following: * Start tub, straight, convex, concave, radius, & nozzle sections, * Stainless steel bolts, washers, nuts, & urethane caulkiilg. * Safety nets and frames for open flume sections.. Structure: $436,620 Based on a preliminary design with the finish being hot dipped f Ilvanized and a minimum fabrication time of eight weeks, the structure wi II include: * Start tower with stairs and guardrails. * Support columns, arms, & attachment brackets, * Broom finished concrete stair treads, * Anchor bolts & embeds, * Note: Should Buyer require a shorter delivery time, add 20% to 40%. -- ..- Qty: 11 $60,375 Qty: 11 $23,659 Qty: 1 $3,750 Qty: 10 $ 28,000 Qty: 1 $875 Qty: 20 $ 14,000 Mechanical: * Pump & motor only, * Strainer Baskets, * Start tub pumplmotor only - no strainer basket suppli,,:d * Stainless steel nozzle & spooler. * Modicon PLC functioning as a pump sequencer. * Zebec Rafts NBGS\NRH,Rev.1.1 Page 7 Controls: Qty: 13 * Motor controls will be a solid state reduced voltage starter using motor circuit protector type circuit breake', control power transformer, bypass contactor, phase loss/unbalance protector, door mounted reset button, hand-off-auto selector switch, green and red start/stop lights, ammeter, and a 21 position terminal block; housf d in a NEMA 4 enclosure. * Motor control for the start tub pump will be hard sta:'t across-the-line starters using 120V coil, heaters, start/stDp w/red- run and green-off pilot lights, voltmeter, non-fusible disconnect; housed in a NEMA 4 enclosure, * Note: Incoming power is to be 480 volt, 3-phase, 60 hertz. All power distribution, equipment panel boards, switchfear, wiring, emergency stops, and anything not specifically stated arove will be provided by others. The above motor controls are for rudgetary purposes only, motor control starter packages will be determined by your local utility company, Ill. INSTALLATION SERVICES * Installation services consist of the erection of the slide suppo [t system, start tower, and assembly of the fiberglass slide sections. * Fine tuning, testing and safety certification will be provided ¡t no charge only if the slide is ready for operation during this period. * Foundations, footings, and sonotube concrete columns. IV. MISCELLANEOUS ITEMS * Conveyor for the Zebec boats/rafts * Equipment rental and temporary utilities, * These miscellaneous items are allowances and will be billed t) the BUYER at manufactures invoice cost. " SUB TOTAL FREIGHT TOTAL BUDGETARY PRICE NBGS\NRHRev.1,1 Page 8 $ 103,435 $134,900 Owner Provided $100,000 $105,000 .r $1,550,002 $16.469 $1,566,471 OWNER'S RESPONSlBILITŒS INCLUDE, BUT ARE NOT Lù\lU rED, TO THE FOLLOWING: * Any items not specifically stated above, * Any & all building pennits, licenses, applicable taxes, duties, tariffs, & submissions as required by authorities having jurisdiction over the work. * Certified soils analysis and topographic survey. * Temporary power, water and sanitary facilities. * Temporary equipment storage and security, * Sanitary sewer and/or storm sewer connections, * Potential excavation interferences with existing plumbing, p)wer, sewer, phone or other uti Ii ties * Provide unimpeded access to the site, from sun-up to sun-de )wn, seven days per week, * Footings, foundations, and sonotube columns, * Electrical services and/or connections and/or materials of an Ii kind. * Plumbing services and/or piping of any kind. * Painting services and/or materials of any kind. * Site services, buildings, pump rooms, and filtration, 1 . NBGS\NRH.Rev.1.1 Page 9 EXHIBIT "B" SCOPE OF WORK escnptlOn eSlgn I anu acture nsta atlon Master Blaster® tìberglass, de-watering bags, NBGS NBGS NBGS bolts, caulk, and safety netting, Start tower, support columns, attachment NBGS NBGS ~'BGS brackets, anchor bolts, and embeds, (BUYER to install embeds in BUYER supplied foundations) Master ~laster pumps and motors I NBGS NBGS NBGS , Master Blaster start tub pump and motor NBGS NBGS NBGS Master Blaster strainer baskets, no strainer basket NBGS ~'BGS NBGS supplied with start tub pump. Stainless steel nozzles and spoolers NBGS NBGS NBGS Modicon PLC controller i NBGS ~13GS NBGS Zebec boats/rafts NBGS NBGS NBGS Master Blaster soft starters for Master Blaster NBGS NBGS BUYER pumps, Master Blaster start tub pump hard starter. NBGS NBGS BUYER All other electrical to include, but not limited to BUYER BUYER BUYER power distribution, distribution panels, switchgear, wiring, emergency stops, etc, , ., Permits, taxes, and submissions as required by BUYER B U'{ER BUYER authorities, Certiíied soils analvsis, BUYER BUYER BUYER Temporary power, water, and sanitarv íàcilities, BUYER BUYER BUYER Temporarv equipment storage. B U'{ER BUYER BUYER Sanitary sewer and/or storm sewer connections BUYER BUYER BUYER Potential excavation interferences with existing BUYER B U'{ER BUYER plumbing, power, sewer, phone, and other utilities, Footings, foundations, and sonotube columns as NBGS BUYER BUYER design dictates, Electrical services ànd/or connections of any kind BUYER BUYER BOYER with the exception of the pump motor starters Plumbing services and/or piping of any kind. B U'{ER BUYER BUYER Painting services and/or materials of any kind, BUYER BUYER BUYER Site services, buildings, pools, channels, pump BUYER BUYER BUYER rooms, and tiltration, Any and all necessary equipment needed for the NBGS ~'BGS NBGS installation including but not limited to cranes, forklifts, handlifts, manlifts, compressors, welders, etc." (Allowance Item) Conveyor (Allowance Item). NBGS NBGS NBGS Lighting, service drive, tèncing, drainage, BUYER BUYER BUYER sidewalks, planting, landscaping, and general conditions, o o . Supply & 'vi [; I II . NBGS\NRHRev 1,1 Page 10 EXHffiIT "C" LIMITE D \V ARRANTY MARCH 1, 1997 New Braunfe!s General Store Inc. (NBGS) offers the following limited wamnty on products sold under this agreement. Concrete Modular Elements and Fiberglass products carry a one year limited warranty, Foam elements, Foam Pads, and Pre-coated Foam carry a ninety day limited \^lffanty, NBGS expressly warrants (not otherwise) that should the product malfunctior cease to operate properly, or break as a result of a defect in material or workmanship during the tim<: specified from the date of this sale, it will at its option: 1. Repair the product at the SELLER's regular place of business and "estore it to good working condition: 2, Repair the product at the installed location. 3, Or replace it entirely, solely at SELLER's cost. All warranty items should be sent to SELLER freight prepaid. Warrant \,' repairs will be returned prepaid, EXCLUSIONS FROM THIS WARRANTY This warranty does no: cover: 1, Problems caused from misuse or abuse of any kind by any party's ,^:~ar and tear; resulting in discoloration, peeling, cracking, or de-lamination, including damag:: due to shoes or pointed hard objects. 2. Problems resulting in whole or part from alteration or modification :)f the product by any party. IN NO CASE WILL THE COMPANY BE LIABLE FOR DAMAGE OR LOSS INCURRED BECAUSE OF INTERRUPTION OF SERVICE OR FOR CONSEQUENTLt\L DAl\'lAGES that may be claimed by BUYER except for those authorized by the Texas Lusiness and Commerce Code, No other express warranty is given by SELLER and no act, by words (If action of any party of the SELLER, shall constitute a warranty .. SELLER disclaims any warranty of fitness for any particular purpose v hat soever with respect to the goods or products being sold under this agreement. NBGS\NRHRev 1,1 Page 11 EXHllUT "D" SCOPE OF WORK FOR NBGS's JOB SUPERINTE~1)ANT 1. NBGS's Job Superintendent will schedule a meeting with the BUYER's job foreman, who shall be fully authorized to act for the BUYER, immediately upon arrival at site to insure the following conditions are met: 1. Scheduling of complete scope of NBGS's involvement (,::; set forth in this Agreement. 2. Scheduling of manpower requirements needed by NBCS to perform the scope of work required. 3. Scheduling of work days per week as set forth by BUYER, so both BUYER and NBGS fully understand what a non-work day consist of. 4. Scheduling of tool and equipment requirements needed ·or the erection, assembly, correction and installation of the SYSTEM. 5. Discussion of the daily job reports, change orders, and lecessary reporting procedures. ..., NBGS's Job Superintendent will on a daily basis perfonn the following activities: 1. Complete the daily job report in regards to the hours WI Irked by all NBGS employees and submit to BUYER for BUYER's approval and signature. (This will insure the BUYER will be abreast of all time spent). 2. Discuss any equipment, manpower, or other changes needed for the next work day. 3. Discuss and sign any necessary Change Orders. 4. Determine status and report progress upon previously d,~termined Schedule of Installation. 3. NBGS's Job Superintendent will perform the ¡mal close out as follows: 1. Upon notice of completion by the NBGSjob superinten:ient, the BUYER'sjob foreman will prepare a punch list of corrective items for NBGS to complete. 2. BUYER will sign off on the punch list and the final con pletion of the job. ~~ ;- NBGS\NRHRev, 1.1 Page 12 EXHIDIT "E" MANPO\VER AND TIME CHARGES Technical Advisors per day labor rate. Technical Advisors hourly rate in excess often hours. Supervisor per day per diem rate includes incidentals, ~~ NBGS\NRHRev, 1,1 Page 13 $ 425,00 $ 42.50 $ 25,00 .r EXHIBIT" F" CONFIDENTIALITY Agreement PARTIES THIS Agreement is made on this _ day of _ ' 19__, between NEW BRAUNFELS GENERAL STORE INTERNATIONAL, INC., (hereinafter referred to as "NBGS") whose head office is located at 3150 IH 35 West, New Braunfels, Tt 'ŒS, USA, and The City of North Richland Hills, 7301 N,E, Loop 820, North Richland Hills, Te::as 76180, (hereinafter referred to as "BUYER"), and establishes the terms and conditions of a :!lanned disclosure to BUYER of confidential information ofNBGS, TERMS AND CONDITIONS 1, The confidential information ofNBGS which is subject to this "\.greement includes, but is not limited to, any information relating to ideas, concepts, manufacturing (Ir marketing techniques, know- how, processes, formulas, costs, developments, experimental works, ",orks in progress, trade secrets, scripts, plots, characters or any other matters relating to the creations, œchnical information or business ofNBGS, information acquired by you from NBGS employees or from inspection ofNBGS's property, confidential information disclosed to NBGS by third parties, and all dccuments, things and record bearing media disclosing or containing any of the foregoing informatio::i, including any materials prepared by BUYER which contain or otherwise relate to such informJtion, concerning NBGS's intellectual, technical and commercial information. 2. BUYER agrees that all confidential information obtained from >-IBGS will be accepted in confidence and maintained strictly confidential and shall not, without tIe prior written consent of N'BGS, be disclosed to others, copied, photographed, reproduced or tl :inscribed in any manner whatsoever, in whole or in part. 3, BUYER agrees that it will not reveal the confidential informati m obtained from NBGS to others, except to the extent that it is necessary to disclose such informltion to its representatives and employees having a need to know such information for the sole purpœ '.~ of evaluating a possible transaction, or carrying out an agreed upon activity, between BUYER and NBGS. BUYER further agrees that all such representatives and employees shall be informed by BUYER of the confidential nature of such infonpation and shall agree to be bound by the terms an:i conditions of this Ag~.eement prior to receiving such information. No other use or disclosure ofNBGS's confidential information shall be made by BUYER without the prior written consent ofNBGS. 4, Upon NBGS's request, BUYER agrees to return all confidentÜ I information and all documents and things connected with or related to such information, without reta:ning any copies. In addition, BUYER agrees that all plans, drawings, specifications, ideas, concepts models, studies, documents, things or other tangible work product produced by BUYER in connec:on with its use ofNBGS's confidential information pursuant to this Agreement, whether created by BUYER its representatives or employees, shall be and remain the property ofNBGS and shall be kepi confidential by BUYER subject to the terms of this Agreement. NBGS shall retain all manufacturing r;hts to all designs and inventions developed by either party under the terms of this Agreement. NBGS\NRH.Rev, 1.1 Page 14 5, BUYER agrees that any suggestions, ideas, information, documents or things which it discloses to NBGS shall not be subject to an obligation of confidentiality by NB (is, and NBGS shall not be liable for any use or disclosure thereof, unless there is a prior written Agreell1ent to the contrary between the parties. 6. It is understood by the parties that the confidential informatior disclosed by NBGS to BUYER shall not subject to this Agreement if such information is: a, In the public domain; or b. Known to BU'{ER prior to disclosure by NBGS, anc BUYER can establish such prior knowledge by competent documentation; or c, Disclosed to BUYER by a third party subsequent to . :isclosure by NBGS, and such disclosure by the third party is not in violation 0 I' any confidentiality Agreement or obligation to NBGS, 7. It is agreed that all reasonable precautions shall be taken by B L YER to insure compliance with the terms and conditions of this Agreement. 8. It is expressly understood and agreed to by BUYER that the dr:;closure by NBGS is not a public use or disclosure, or sale or offer for sale, of any NBGS product, equipment, process or service, 9. This Agreement sets forth the entire understanding of all partie:; and cannot be changed or modified, except in writing, and with the written approval and accepta:lce of all parties hereto. 10. Any signatory to this Agreement who is the prevailing party ill any legal proceeding against any other signatory brought under or with relation to this Agreement or tn':lsaction shall be additionally entitled to recover court costs and reasonable attorney's fees from the :]On-prevailing party, 11. Payment on this contract is due in New Braunfels, ComaICOl.nty, Texas, In the event of a dispute, this contract shall be adjudicated under Texas law, All payme 'ItS outlined herein are payable in United States of America current legal tender. The parties accept this Agreement and sign in duplicate on this:he day of 19 ~~ .' APPROVED AND AGREED TO: By: Printed Name: NBGS\NRH.Rev.1.1 Page 15 CITY OF NORTH RICHLAND HILLS Department: Public Works C()uncil Meeting Date Approve City-Developer Agreeme'nt for CTP-S-ewer sy'steil Subject _..lOJ.Provements with Keller-SmLtbJieJiiBoilii.-LT D, for the Agenda Number Brandonwood Estates Subdivision 11/24/97 --, PW 97 -25 Keller-Smithfield Road, L,T.D. (Developer) has installed the sar tary sewer lines which serve the Brandonwood Estates Subdivision. The 6" and 8" sanitary sewm lines (L-2 and L-3) are included in the Water and Wastewater Impact Fee Study (Study) dated 1\1ay 4, 1990 by Knowlton-English- Flowers, Inc, The improvements as outlined in the study are eliJible for reimbursement up to a maximum of $8,892.38, Upon Council's approval of this agreement and in accordance '^ Ith the Impact Fee Ordinance No, 1679 and staff's acceptance of improvements, the Developer wi I be reimbursed $7,51624 Sufficient funds are available in account #02-00-00-0104 Water and Sewer Impact Fees Recommendation: Staff recommends Council approve the City-Developer Agreement with Keller-Smithfield Road L T D, and authorize the Mayor to sign the agreement ---- - --."" _.___.._ ._~__..___. _______,___ m __ _________.___ . ___ _'_'____"__ __ ._.~ __ _ _ _ _~____ __ '__'''__''_''__'''~.________. __ ______ -~---~--~_.._-----~-----" Finance Review --------_.._-_._----_.~----.. Source of Funds Acct. Number _ 02-90-13-6000 Bonds (GO/Rev.) --- Sufficient Funds Av:lilable I', O(~~ei,-"eer:¡tlng BIJ(~_. ~t _---, 17 I.;. L J \[1', "-~~ " £/ vZCV~'(f~£2~_--:~_. F,"~nCðOm':r i S;¿;:JL' >~-Xl:: ~ ~H, f ¿PIV''''. l' ,t~ , j ~H.ad S ,aluce I / . City Managt I ..u//~..___..L m______ CITY COUNCIL ACTION ITEM / ________~~__,_________ C_/ i' / \--------/ P age 1 0 f__..."... CITY OF NORTH RICHLAND HILLS, Tr:XAS CITY-DEVELOPER AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THES::: PRESENTS COUNTY OF TARRANT That Keller-Smithfield Road, LT. D, a Limited Partnersllip, John W. Barfield, General Partner, of the County of Tarrant, State of Texas, her,:;inafter called "Developer" and the City of North Richland Hills, Tarrant COUlty, StatE? of Texas, hereinafter called "City", enter into the following contract.: In consideration of the mutual covenants herein contai!led and for the purpose of providing sewer system improvements as indicated in the construction documents titled "Final Plans - Brandonwood Estates" the Developer and the City hereto agree 1. The Developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as recuired for the construction of the above referenced facilities In addition, the DevE'¡oper has delivered construction plans, specifications and all other necessélry contract documents prepared by a registered professional engineer. 2, The Developer has entered into a contract with the corlractor who has performed the work and who will be paid by the Develo:Jer as specified in the construction contract documents Monthly pay estimates were subject to the City's review. 3 The Developer has provided, at no cost to the City, all !:?sting necessary to insure that the construction was in accordance with the project specifications and the City standards, 4, The contractor has provided to the City on City forms, rlaintenance bonds in the amount of twenty (20%) percent of the contract price 5, The City agrees to participate in the cost of the facilitie~: after construction is complete and accepted, The description and amount 0' participation IS as follows: In accordance with Ordinance No 1679, the Water ana Wastewater Impact Fee Ordinance, the City will reimburse the Developer the el Qible impact fee funds for the proposed improvements The City shall only reimbllrse the Developer the amount agreed upon below, after the construction of thE: improvements is complete and accepted by the City. Page 1 of 3 City·Devel 'per Agreement-Brandonwood Estates (d/msldata/bwood doc) WATER AND WASTEWATER IMPACT FEE STUDY dated May 4, 1990; Table W CIP - 2 Facilities: Eligible Eligible Amount Percent Havenwood Drive $ 4,654.89 10,97% * <: " North Tarrant Parkway to North Property Line (Line L-2) 6" Sanitary Sewer 1555 LF Brandonwood Drive $ 4,237.49 7.94% * c¡ .. North Tarrant Parkway to North Property Line (Line L-3) 8" Sanitary Sewer 1632 LF Total $ 8,892,38 $ Total Reimbursement A Bid mount Participation 33,20625 $ 3,641.13 48,802,60 $ 3,875.11 >32,00885 $ 7,516,24 - $ 7,516,24 *Includes 10% for engineering and surveying. 6, The City has provided the inspections as required and upon satisfactory completion of the work, the City will accept ownership 'md operation of the system subject to the terms of the maintenance bonds 7 The Developer further covenants and agrees to, and b y/ these presents does hereby, fully indemnify, hold harmless and defend the ::ity, its officers, agents, and employees from all suites, actions, or claims of an i character, whether real or asserted, brought for or on account of any injuries 0' damages sustained by any persons (including death) or to any property, resul mg from or in connection with the construction, design, performance or completilm of any work to be performed by said Developer, his contractors, subcontr3ctors, officers, agents, or employees, or in consequence of any failure to prop::rly safeguard the work, or on account of any act, intentional or otherwise, negl::ct or misconduct of said Developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 8 Upon completion and acceptance of the work, good an:l sufficiE:nt title to all facilities constructed warranted free of liens or encumb·ances is hereby vested in the City of North Richland Hills 9 Special provisions: None Page 2 at 3 Clty-Deve ,'per Agreement -Brandonwood Estates (d/msldatalbwaod doc) IN WITNESS WHEREOF, the parties to these presen:s have executed this Contract in four (4) counterparts, each of which shall be deened an original on this the _ day of ,1997. STATE OF TEXAS: -SMlrHFIELD ROAD, L TO. /) :.~ COUNTY OF TARRANT: ~ ~7!1 This instrument was acknowledged before on the ' , /Y.iJJ'Y}þ/ ,1997, by John W. Barfield, General Partner of Keller-Smithfie d oad, L.TO., a limited partnership, Commission Expires: 1/ ---) (), 7~1J -4J i7 k'1- Notary Public Signature 0.0. LONG IaCIry PallIa, .... of Tma My ConwnIuIon ExpIm 11~ NUS :Bt>d t~: Co- CITY OF NORTH RICHLANO HILLS Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City Page 3 of 3 Clty-Oevr !oper Agreement ·Brandonwood Estates (d/ms/datalbwood doc) EXHIBIT 1 j -E- ,-::'-_',,1 ,--- I: . ! ~ -: ~ '7 _ . J ::,,_. -,f "'---.-"---- l l~i; t1" , - ~+. .~:-..... 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EXTENSION 1 6" Sewer (6' - 8' Deep) S 14.50 905 S 1 ~ . 122 50 I 2 6" Sewer (8' - 10' Deep) S 17,00 560 S ~',52000 I 3 6" Sewer (10' - 12' Deep) S 20.00 30 S 600.00 4 6" Sewer (12' - 14' Deep) S 22,00 40 S 880.00 5 6" Sewer (14' - 16' Deep) S 24.00 25 S 600,00 6 8" Sewer (8' - 10' Deep) S 18,00 r 792 S 14,25600 7 8" Sewer (10' - 12' Deep) S 21,00 --t- 558 S 11 ,718 00 8 8" Sewer (14' - 16' Deep) S 25.00 152 S 3,800,00 .. ,- 9 8" Sewer (16' - 18' Deep) S 28,00 11 ° S 3,08000 10 8" Sewer (18' - 20' Deep) S 31.00 3400.00 ~ 20 S 62000 11 Connect to TR.A. Manhole S 800,00 1 S 800.00 12 4' Manhole (6' Deep) S 850,00 4 S 3 S 2,55000 13 Extra Depth for Manhole S 8500 6 S 510.00 L 26 S 2,210.00 14 Drop Manhole S 950,00 1 S 95000 .. 15 Street Bore for 8" Sewer S 50,00 50 S 2,500.00 16 Cleanout S 250.00 1 S 250,00 17 Trench Safety S 1.00 1555 S 1 555.00 1632 S 1,632,00 Subtotal Engineering & SUNeying (10%) Total S 30187.50 S 3 018.75 S 33 206,25 S 44,366.00 S 4,436.60 S 48,802.60 City of North Richland Hills, Texas Mid-Cities Boulevard Corridor tu y MIPIRG TIJTIl(Co ~ÇQ Municipal Planning Resources Group, Inc. September 1997 City of North Richland Hills, Texas Mid-Cities Boulevard Corridor Study Date Prepared: September 1997 Prepared By: Municipal Planning Resources Group, Inc. Table of Contents Description Page I ntrod uction Study Area Existing Land Use Corridor Design Principles Neighborhood Concept Commercial Development Form Transitional Land Uses Screening Walls and Buffers Focal Points and Entry Statements Parking Lot Access Corridor Land Plan Zoning Mid-Cities Blvd. Corridor Overlay District Landscaping Parking Signage Architectural Features Permitted and Prohibited Uses Utilities Conclusion 1 1 3 5 5 7 10 11 1 3 14 1 6 18 20 20 20 21 22 23 23 24 Maps and Illustrations Study Limits Map Existing Land Use Map The Neighborhood Concept Commercial Development Forms Alternative Entry Design Features Typical of Shared Driveway Access Alternatives Future land use Map Zoning Map 2 4 6 8 1 3 15 17 19 Introduction Study Area Mid-Cities Blvd Corridor Study For the City of North Richland Hills, Texas A number of factors have prompted the preparation of this study. The immediate reason is the new four lane divided roadway from Precinct Line Road to Davis Blvd. The extension of Mid-Cities Blvd provides through access from Precinct Line to Rufe Snow Drive. The availability of the roadway and the quality of the Mid-Cities Blvd corridor will likely be a significant incentive for development to occur along this roadway. It is prudent that the City of North Rìchland Hills examine the existing conditions of the corridor, consider the possible nature of new development, and implement regulations that will assure that new construction will be of the highest quality, To that end, this study has been conducted. The geographic area of the study is confined generally to that area which is adjacent to the Mid-Cities Corridor. It also includes the undeveloped area located between Mid-Cities Blvd and Smithfield Road. The Study Area Map provides a graphical illustration of the general limits of the study Area, Page 1 'pt;l9Un}OU!09Jd D d¡ lJ/ if <, H ,/lJ/ II 1//1 " ..~ 1,/4."., I fJ/ 1, i ..1' ; /IJ >- ¡ G) m ... .! 5 G) .c >- " c I'.'» II .- .., == !iJ:: t - 0 't1 0 (/) 5 II 0 ~f;.&õ - (/) ....I 5 5 := >- .- C E I: II .- ._ 0......1 I ! I o o Q Q ~ " :5 û) D.. .... c( 0 :E:s! .... (/) .... I-- 0 ......0 !-ö ...J > ...... aD . CD .- ... U " i A total six major roadways are located within the study area: Precinct Line Rd., Rufe Snow Dr, Davis Blvd, Smithfield Rd, and Grapevine Hwy. In addition, Holiday Lane intersects Mid-Cities Blvd between Davis Blvd and Rufe Snow Dr. These roadways both define the limits of the study and provide adequate vehicular access throughout the area. Existing Land Use The majority of the land within the study area is undeveloped. In fact very little development has occurred, in this area, since the last detailed land use study in 1992, which was at the time of the preparation of the Comprehensive Land Use Plan. Therefore, it can be expected that a significant amount of development will likely occur in this area in the near future. The existing conditions within the Mid-Cities Blvd Corridor Study are prime for development to occur. As shown on the Existing Land Use Map, the predominant development in this area has been for public use. The City's complex, which houses the fire station on MId-Cities Blvd, and the construction of the new high school faCilities are the dominate developments along Mid- Cities Blvd. Smithfield Road and Davis Blvd both provide access to new residential development; but as of this date, residential development has not been proposed to access Mid-Cities directly. The major traffic corridor of Grapevine Hwy. and an improved Precinct Line Rd will likely encourage further development of office type commercial use, such as the Aegon facility. Page 3 'i ;:; >- 'i i "! i ¡ ! 0:90:_3 .sa G»Ë>-:lcI€l= :g ~fi~~&~~ ~ ~ = ~ CJ ~ - c ~ = v ^ ~ G» U 0 - ~ ~~~~¡llji~ :r~.5 E.5.iR e!~ CJ :E :E ::ï ( ) II1II: .... II:L _ II:L I ! I o o o o I >e " Q. :J Cm :E .. w 0 tB:52 :;) t Q 0 zO :3 -g - ". Z . - CD ... .... .- .J< 0 I.U " .... a- le Corridor Design Principles The planning principles used in this study effort will determine the "Urban Form" for the Mid-Cities Blvd Corridor. "Urban Form" is generally interpreted to mean the physical pattern and form that cities take as land is developed. When planned according to accepted planning principles, the city's form provides aesthetic places to work and live, as well as protects the general value of property. Neighborhood Concept The neighborhood unit concept, as shown in The Neighborhood Concept, is one of the oldest and most widely used and accepted principles for residential development. This concept helps to create quality spaces for people to live. The concept places primary emphasis on creating neighborhoods that buffer the impacts of elements from outside the neighborhood unit. The relevance of a corridor plan on the neighborhood concept is that neighborhoods are defined by the perimeter corridors which run along their edges. Since there are residential areas located within the study area and since it is likely that future residential developments may occur, it is crucial that these residential neighborhoods develop in harmony with the corridor. It is also crucial that vehicular traffic along the corridor not invade the neighborhood. Ideally, the only traffic, that should enter the neighborhood, is traffic which has an ending destination there. Therefore, it is critical that a minimum quantity of local subdivision roads intersect with Mid-Cities Blvd. It is also critical that Page 5 «ì ;;... .0 ] ., v ~ ] 1 ! .~ ~ ~ 'ë; -g 6 :;¡j!!þ ï:: .;.:$þoq .s .S'ª, .5 '" v .151 oS "t:I_ .5 130S "t:I ,g.~ 2 ;] ] g:.õ .15 ~ 68 "t:I 13 ]] ~ "'e: i -0 ~:! ~ 2~ !! ~~ .s 'I:: v ... 8. oS i, 'ë; :E § 6 '00 '';:; § '¡;: g ~ !I ., 'õ '1:: ~ b.O § -æ t '" 'õ &i '" ¡,:;: 'I:: ~ ~ ]j ~ ] i .s ... .c ..2 b.O qJ } æ ::õ .s 'æ ... .,; ,:!: 8. &i -æ ~ :¡ ] '1:: ~ ! v æ ... -8 0 . Cd' '¡;: 6 ~ b.O § -æ ï b.O :Ë ] § .5 ø .~ e: ,;I S ~ .s ~ ~ ~ "t:I .¡;: ~ ~ i !¡¡ j '" 'õ '5 1:: <: .s ~ ~ g¡ ] :::I .15 e: v 15 i 'ë; ZJ e: '8. 'ë; .8 6 :::I e: "t:I oS ï!1 ;J ~~ li .~ >-. ~~ ~g ~8 ~~ "'0 -gii §ZJ -ë J5~ )] ., ~2J rg ~ . "t:I~~ !.9J:= :jJ! c:õ -8", .~ !5 ""'ëa ::::::"'1:: 'ë; ¡g ~ þ -8 '8 ¡tl~ .; ¡,:;: g fo § oS-¡¡¡ V'I:: if~ is 1ïJ~ '6.s £2.1::: Ii 'æ~ -8!ä ~8 ]~ OO.J:::: ëa.!!.D 'I:: ~ ~ «ì~ .se: ~:.š ~.~ ~ '5 ~ ... ~ c: v t zi ~ ~ õ .¡;: ~ .s § ~ ~ ¡g "t:I j '" .§ §§] Õ 'õ ')( -g.E:>~ §l~ -....iJ, .15 ~:~ Bß~ ~ ''ë; t>'¡ ... -.¡;: 0 '8 <;,¡'5 ~= ] 00'- ",§~ 8'õ ·5 i~) ~~J5 .... :s:! -8 ¡;- 15 .¡;: Sii S"'..:!: 0.- 8 ~~~~ 0" .. 1i ( J ~~ 8=8 ,s ~ '.::;! ~ if!! g . ~'8 -"'O«ì -"¡- ljJ!§ ~àI'8-æ i ~ ~ ~ ~ .~ .~ ~ @ ~ «I Ii:! ~ ~ ! -s .: :j ~ .- i æ .¡¡; ]I e 2:! ] 8 ~ .15 ri .s :s:! j .! j I ~ H i ¡ ! '.::I ~ i § .~ '" § ..::;! g ~ 2 .$ f i "- Ei .¡ '" ~ 2i ) ~ .~ ~I ~ ¡;:. ~ B i .15 .[ æ ~ î ! ~ ~ -8 <II "t:I .¡;: ~ ~ ~ ~ .15 '" ~ .s .~ .~ .:!: ~ ... oS ,5 ~ ~ ~ 00 - e: .~ '" r;; E-i ~ r-l ~ o u = o o ~ o ; ~ oIIIII ~ r-l == E-i ;;... 1:: ~ "- 'õ 1 8 residential lots be prohibited from having direct access to Mid-Cities Blvd or any of the other arterials located in the study area. Collector roads may intersect the arterials in order to provide residential lots with access to the arterial; but direct access from the lot should never occur. A well designed neighborhood takes into consideration the location of different land uses within and on the periphery of the neighborhood. Low density housing should typically be located in the interior of the neighborhood, close to schools, parks, and other community facilities. Moderate density housing, as well as high density housing, may be located near the periphery and on collector streets. These denser residential uses are often located between commercial and low density residential areas. When this occurs, they are considered as being "buffer" uses or "transitional" uses. Commercial land uses should be located along the periphery of the neighborhood at the intersections of arterial streets. They may also be located along the arterial in a corridor. In any case. commercial uses should always be oriented such that the principle direction of traffic in and out of the site IS directed towards the arterial street and never into the neighborhood. Commercial Development Form There are primarily two commercial development forms, as it pertains to commercial land use: Node Commercial and Corridor Commercial. Node commercial forms occur at the intersections of major arterial roads such as Precinct Line Rd. & Mid-Cities Blvd, Davis Blvd & Mid-Cities Blvd. and Rufe Snow & Mid-Cities Blvd. The characteristics of both forms are shown on the Commercial Development Forms illustration. Page 7 CD Incompatible land uses require buffering using trees & walls or a combination thereof, @ Depth of Corridor Commercial should be not more than 300 feet and not less than 1 50 feet. ß[jI C C I:iJ ¿] C ¿] ~ [ilß .... r @ Design along corridors include uniform signage, shared drives, landscape buffers between roadways and parking lots, and landscaping in the street yards ..... , @ COrridor development should orient traffic toward Arterial Streets and discourage entering residential neighborhoods Corridor Commercial CD Access to commercial property does not encroach into residential neighborhoods, All access is directly from thoroughfare streets. @ Size of Commercial Node IS not restricted by width or depth, whatever IS sufficient to perform the necessary commercial activity, unlike COrridor Commercial which is encouraged to not exceed 300 feet In depth Node Commercial @ Buffering between single family and commercial uses may consist of landscaping, and/or solid walls In addition dumpsters and mechanical equipment areas should be screened, @ Interior of parking lots should be landscaped, @ Commercial node may Include all corners of the Intersection or any combination thereof. Primary characteristic IS that the commercial activity is directed towards the intersection and does not extend laterally down the intersecting streets Commercial Development Forms MidCities Blvd. Corridor Study The nodal commercial form of commercial land use development consists generally of land that develops around the intersection of major thoroughfares and, at times, at locations where collector streets intersect major arterials. High intensity commercial uses are typically located at the intersections of arterial streets. Less intense commercial uses, such as professional offices may then be located between the high intense commercial uses and the residential land uses located in the interior of the neighborhood. In companson, corridor development locates commercial uses along an arterial between major intersections. The corridor development form is typically characterized by high intensity commercial uses that are located near the intersections of major arterials and less intense commercial uses along the arterial between the intersections. It is important to limit commercial development along the corridors to depths generally not exceeding 200 to 300 feet. Deeper development may create possible conflicts in land uses and potentially land-lock some properties. At locations where streets intersect with the corridor, a tendency may be to permit commercial uses to extend Into the neIghborhood. On occasions, this may occur where the continuation of the commercial use along the intersecting street with the artenal does not introduce commercial uses that are high volume or environmentally unpleasant. This practice is not inconsistent with the corridor concept so long as the commercial activity does not draw traffic into the interior of the neighborhood, all traffic patterns are directed towards the artenal, and the commercial use abuts an existing commercial use that has access to the arterial. However, the extension of the commercial uses further into the neighborhood would not be recommended. Page 9 Transitional land uses Transitional land uses are also an important element within the Mid- Cities Blvd Corridor area. It is recognized that not all land uses are compatible with each other. Likewise, some land uses are more compatible with others. For example, an industrial land use is generally not considered compatible with a low density single family residential use. It is therefore desirable to avoid development of these two uses adjacent to each other. By limiting the number of areas where these incompatible land uses are located adjacent to one another, we recognize the interrelationship between land uses; and, we avoid encroachment of non-residential uses into residential neighborhoods. On the other hand, an industrial land use is often considered to be more compatible with commercial land uses, so it may be appropriate to develop the two uses adjacent to each other. In situations where incompatible land uses are developed adjacent to one another, it is important to keep these relationships in mind and to provide either transitions or buffers to protect the less intense use, We would recommend that, within the Mid- Cities Blvd Corridor area, no future land use be zoned for industrial purposes. We would also recommend that the undeveloped industrial districts be changed to districts more compatible to the corridor. Because of this recognition of land use compatibility, it is desirable to transition from higher intense uses to the lesser intense uses. Usually this is considered to be from an industrial use on one extreme to low density residential use on the other extreme. This transitional process should be ultimately accomplished through the zoning process. Zoning districts have a variety of intensities within each category of land use. Therefore, the commercial categories for the corridor may be distributed Page 1 0 among the commercial zoning districts contained in the zoning ordinance. Therefore, the zoning process should further refine the land use plan. Screening Walls and Buffers It is inevitable that incompatible land uses are going to occasionally be located next to each other. When this occurs, the appropriate action is to provide a means to soften the edge between the two uses. This may be accomplished in two ways: 1) by constructing screening walls; or 2) providing a buffer area between the two incompatible uses. The preferred option would be to have a significant open space area located between the uses. However, that is not always possible. The next preferred option would be to have the combined use of a screening wall and landscaping. In any case and at a minimum, a screening wall or landscaping screen of plant material should be provided between incompatible land uses. Screening Walls: Walls that are used for the purpose of screening incompatible uses should be solid. Wooden fences are not recommended for this purpose because they have a tendency to deteriorate over a short period of time. In additIon, they may eventually lose panels and cease to function as a visual barrier. The visual unsightliness of deteriorated wooden fences may constitute a more offensive situation than the unscreened incompatible uses. In addition, the properties of a wooden fence cannot offer an adequate barrier to offensive sounds from adjacent uses. For these reasons, it IS recommended that all screening walls consist of solid masonry material. When combined with landscaping, the buffer provides an adequate barrier from visual and sound pollution from adjacent incompatible uses. Page 1 1 Screening walls placed adjacent to public roadways should always be combined with a variety of landscaping material. In addition, construction techniques should be used that provide for a visual variation in wall pattern and elevation. Alternating runs of masonry and wrought iron can provide a variety in the screening wall. When wrought iron is used, landscaping should be included to assure visual screening. In addition, instead of a straight alignment along the property line, a ten foot screening easement may be permitted adjacent to the property line to permit a curving in-and-out alignment within the easement. Again, landscaping should be incorporated with the screening wall. Landscaoe Buffers: Incompatible land uses may be entirely screened by the use of landscaping material. There may be occasions where a six foot screening wall, while limiting access, does not provide adequate characteristics to prevent sound or visual buffers. This may occur, for example, when a more intensive use such as a commercial or industrial use is located on an elevation significantly above the less intense use such as a residential land use. When the elevation at the foot of the screening wall is at least four feet lower than the base of the commercial or industrial structure being screened, a wall may not sufficiently screen the commercial or industrial use, Since it is unreasonable to expect a wall to be constructed that would be tall enough to accomplish the screening, the use of landscaping is necessary. For all sites which exhibit this condition, it is recommended that rapid growing trees, at three (3) inch diameter at planting, be placed along the screening wall at fifteen (1 5) foot intervals. If sufficient land area exists between the incompatible land uses, the commercial or industrial use may wish to incorporate the use of berms in the screening and buffering plan. Page 1 2 Focal Points and Entry Statements In order to emphasize the unique character of the Mid-Cities Blvd Corridor, the points of entry into the corridor should be defined. The primary entry locations are Precinct Line Rd & Mid-Cities Blvd and Rufe Snow Dr & Mid-Cities Blvd. At these locations, special treatment should be taken to landscape the intersection. Similar features may be considered at other locations, such as the east and west corridors of the intersection of Davis Blvd. and Mid-Cities Blvd. Due to the high visibility of these locations, they tend to transmit a sense of the design of the corridor. Rather concrete being the dominant characteristic, green space, landscaping, decorative signs and sign age, and perhaps a simple monument or sculpture should be used to announce the entrance into the corridor, as shown in the illustration below. Short sections of street pavers, located in the intersection only, may also accent the entrance or focal point , ~ -, ;(' ~ """,", ,j ...."..., ..~~\ " .t !:;...-..- Flags and Decorative Signage Walls and Landscaping Alternative Entry Design Features Page 13 Parking Lot Access The nature of driveway access from the corridor into the commercial property can greatly define the character of the corridor. In situations where commercial properties are permitted to have two or even three points of access from an arterial, the combine number of driveway cuts, accumulated from all the commercial properties located along a corridor, can be significant. Multiple drive entrances create conflicts in traffic on the corridor. This conflict may often result in increased traffic accident events as well as possible loss of property and even life. In addition, multiple driveway entrances is one of the characteristics of strip commercial development. It is important to note that there is a difference in strip commercial development and corridor commercial development. Strip commercial development often is associated with reduced property values as well as visually declining commercial neighborhoods. Good corridor design provides for access to commercial properties with reduced driveway access. This requires cooperation of adjoining properties. The most common means of reducing driveways is to require joint driveway access. This can be accomplished by requiring mutual access easements on the common boundary lines of commercial subdivisions. In addition, when a number of narrow commercial properties are located along a corndor, it may be possible to provide a parallel access road that ties a number of the properties together. Under this situation, some properties may not have a driveway directly accessing the corndor. However, as shown in the Typical of Shared Driveway Access illustration, access is provided by a mutual access easement that runs across all properties and provides everyone with access to the corridor. Page 1 4 24' Mutual Driveway Easement to set back 30' from property line Shared Driveways Without Parallel Access Road 24' Mutual Driveway Easement to set back 30' from property line Shared Driveways With Parallel Access Road Typical of Shared Driveway Access Alternatives Corridor Land Plan Using the planning principles defined earlier, a land plan for the Mid- Cities Blvd Corridor has been prepared. It is important to note that this land plan has been developed using solely the planning principles and the consultant's knowledge of development trends in the City of North Richland Hills. It is strongly recommended that prior to any plan being adopted, that would amend the existing Comprehensive Land Use Plan for this area, an analysis of community goals and objectives and citizen input should be obtained. However, for the purpose of this study the following land plan for the Mid-Cities Blvd Corridor is being presented. As shown in the Future Land Use Map, the Mid-Cities Blvd Corridor has commercial land uses located adjacent to the roadway. This corridor of commercial property should be restricted to 200 to 300 feet; and should only exceed that upon unique situations. The plan does not encourage any additional industrial uses within this area. The presence of existing residential uses, the new high school, as well as the professional offices located at the Aegon site does not support industrial use in this area, The only high density residential use has been limited to an area near Rufe Snow Dr that IS currently zoned for that purpose. This land plan proposes that a significant amount of the area be used for purposes other than what it is currently zoned. However, it is our opinion that the proposed land plan better supports the potential capabilities of the Mid-Cities Blvd Corridor to be a focal point for northern North Richland Hills. This plan is in agreement with the neighborhood concept plan and the commercial development forms as described earlier. Page , 6 >- " ::J a.. ...... c(m :& 0 W" ... -- m 1: :::) 0 aO 2'; :5 .æ WI.1 a: 8 ::Þ= "-(3 ::Þ..... u.. v i 1i ~ >- ! ~ IS 1:11'-_ ! a:sz.li-tJ .1:! !i;f!f~l~ ! 2 ~ 8 ~ ~ ~ ~ 1 IS ~~&õ:¡! ~'I1i== ~ ~ ~ ø ~ i ' e I ¡ ~ þ.2.g~œ1:li! 5¡ ==~ uli::;¡~ii8a.~a. Q I I 0 z 0 w CJ 0 w I 0 ...J 'JQ MOOS ain!:! Zoning The existing zoning within the Mid-Cities Blvd Corridor area does not promote the development of a corridor consistent with the character of those described by this document. In order to facilitate the development of the Mid-Cities Blvd Corridor, as presented herein, significant changes must be made in the zoning of property located in the area. As shown on the Zoning Map, significant area is currently allocated for industrial use. In addition, there are a number of properties which are currently zoned for agricultural purposes. It is our recommendation that all industrial and agricultural property be rezoned to either C-2, or R-3 as directed by the Future Land Use Plan. It is anticipated that a Mid- Cities Blvd COrridor Overlay will be created that will further regulate the quality of development that occurs in the study area. However, for the overlay district to work properly, the appropriate underlying districts must be obtained. For that reason, it will be necessary to conduct two zoning actions simultaneously. The first action will be to change the zoning of the current industrial and agricultural currently zoned land to the appropriate zoning. The second action will be to adopt a Mid-Cities Blvd Corridor Overlay district. This action will require appropriate notification of all property owners and a public hearing as prescribed by law for zoning changes. Page , 8 >- "'C :s tñ .... o D.."'C IIJJIJlIIfI' I" i t: o ,,0 Z \I _"'C z2: om N en CD ... ..... .- o "'C .... :& j ! 0 «I ... CD E »-8 s:::::œ«l'- ;:¡ := !!I: ;;; fI) 2 í:J g .... 0 «I 0 ·-.s:O- ,5 I- a::: 0 ....I ... ... fð » 0 0 = = ,- s::::: E oli;:¡ I ! I o o o o Mid-Cities Blvd Corridor Overlay District The parameters of the overlay district should include regulations pertaining to landscaping, parking, signage, architectural features, and permitted & prohibited uses. The overlay district will not replace the underlying districts; but will refine and expand regulations. In instances where regulations in the underlying districts are acceptable to the corridor, the overlay district may be silent. Landscaping The overlay district should provide for a unified landscaping plan throughout the corridor area. The current landscaping regulations do not mandate shrubs, trees, or flowering beds with seasonal color. The current landscape regulations require only that 1 5% of the total lot be landscaped. If the site has available land, the total requirement may be provided in grass area only. It is recommended that the overlay district a. require that 50% of the landscape requirement consist of shrubs, trees, and flowering beds with seasonal color. In addition, the majority of this requirement for shrubs, trees and seasonal color must be located in the front yard area, b. if parking is permitted in the front building line area, a landscaped buffer of at least five feet must be provided between any parking space that is directed" head-in" towards the corridor. Parking Parking lots and drive areas will comprise a significant amount of the land area located immediately adjacent to the corridor. The overlay district should provide the following: Page 20 a. curbs must be provided on all driving and parking surfaces. Parking lots and driving areas generally have poor edge treatment, often the paving simply stops at grassed areas without the use of curbing. A raised curb should be required for all parking and driving surfaces. b. curb stops should be required on all parking spaces that "head-in" to any landscaped area. When vehicles extend over the curb, landscaping is often destroyed. Curb stops should be required such that the overhang of a vehicle is contained totally in the parking space. c. parking of vehicles should be prohibited within the building line set-back areas on a lot. The typical commercial site generally consists of a building located along a building line, with the parking area located between the street and the structure. This tends to clutter the visual landscaped areas with vehicles and disrupts the aesthetic character of the corridor d. shared drives and parallel access drives should be required on all sites. Multiple driveway entrances for individual lots should be prohibited, unless it is physically impossible to provide shared access to the lot. Signage Regulations pertaining to slgnage should be provided such that a consistent look is provided throughout the corridor. Signage should Page 2 1 provide commercial establishments with opportunities for identification without adding clutter to the corridor. Regulations pertaining to signage should include: a. limit the height of a sign to 25 feet and a maximum size of 100 sq. ft. The current regulations would allow a sign to be 50 feet in height and be 300 sq. ft. in size, provided it was located at least 25 feet from the street right-of-way line and the lot had at least 300 feet of frontage. The sign regulations should still permit major development pylon signs, provided the development contained at least 100,000 sq. ft. of floor space. Architectural Features Commercial structures within the corridor should present an architectural style that provides character to the area and enhances the image of the community. The architectural appearance of a building is often related to its shape, roof design, window and door treatments, porches, and number of surface planes created. Flat roofs are unattractive as compared to roofs wíth slope. The corridor regulations should encourage archítectural relief in the structures. Square buildings with straight box store fronts should be discouraged. The following architectural features should be addressed in the corridor overlay district: ... a. two story structures should be prohibited within the first 100 feet ,." ,d of any lot. It is important to maintain the scale and aesthetic o j character of the corridor. Multi-story structures set close to the Page 22 corridor tend to disrupt the visual effect of the landscaping and other aesthetic treatment applied throughout the corridor. b. all exterior surfaces of structures should be limited to brick or stone. Concrete block and stucco should be prohibited. However, allowance should be made that permits the use of wood, glass, or other material, when that material completes the architectural theme of the structure. But use of these materials must be specifically approved. c. the design of the structure must include relief to the walls and roof of the structure. Single uninterrupted surface-planes should not be permitted. The roof of the structure may be a flat roof construction, but must provide a variation of the roof line which may include a pitched roof for architectural relief. Permitted and Prohibited Uses In order for the corridor overlay district to be effective, uses must be limited and prohibited. It is recommended that service uses and retail uses that require large areas of outside storage be prohibited. These uses would include vehicle car lots, rental facilities, auto repair facilities. and self-storage facilities, The overlay district must prohibit all permanent outside storage and display. Utilities Within the overlay zone, it is recommended that all development be required to place future utility services underground. If it is determined that underground utilities are not feasible, the utility service should be located in the rear of the facility. Page 23 Conclusion The Mid-Cities Blvd Corridor is a new opportunity for urban development to occur. Because it is mostly undeveloped, it also provides the City with an opportunity to plan for a corridor that can provide the City of North Richland Hills with a focal area that will attract businesses and visitors. The plans and recommendations outlined in this study have as their goal the development of a unique and aesthetic corridor located along Mid-Cities Blvd. It is likely that some members of the development community will see the requirements and regulations outlined in the overlay district as being overly restrictive. They are certainly restrictive. However, they are restnctive by design, for the purpose of providing all the people of North Richland Hills and the surrounding region with a high quality commercial corridor that meets service and retail needs and provides as a secondary product an attraction in itself. Page 24