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CC 1997-12-22 Agendas
: 'crrvÔ/i Nò~tit~FJ~~~'N~;tAILLS' , , '·PRE-èØUÑCìÞ:AGçf.IDÄ ' '., DECEMBER:D~ 1Ièt~;'~.15 P.M. .", '~'. ;-. ... It.__": ,~,( i, " ',," .... , . For the Meeting conducted at the NorthRi~þ1and~Hm~ çJty Hall Pre-CouncilCharnbers~ 7,301 ..' Northeast Loop 820. ' ,.... ,,'''''' " " ' NUMBER 1. PU 97-116 PU 97-117 2. GN 97-144 3. 4. IR 97-161 5. IR97-164 6. IR 97-165 7. ........ '. - , -,~ ,',' '.:,' " AC110N ¡A~eN .... .... ,'" ITEM' '. ., , . Awarâ Bid for Parks~nd Recreation>Software Contractto ESGºM¡rìtheÄmoùntQf~7;,º~.5 ~ " and file server :ari~Òperatil1g Syst~m.!from, OIR , for $12',OQQ(ðgenda item No.:Z5). ,::,' ., and" ' AwarØ Bid for Municipal Court Softwal'e eontract , to INCOD~in the Amount òf $~2í720anc:l File Serverand Operating SystemJrom .QfR for ',:',:" $12,OÒO (Agenda Item No. 26) '(5'Mjriot~s) , . " Approval of Compensation Plan Market . " , Adjustment (Agenda Item No. 21) (5 Minûtes) Discus.s Other Regular Agenda Items (1 0 Minutes) Feasibility StudY:,H & M Food Systems Company, Inc. Tax AbatementApplication (10 Minutes) Colotado Boulev~~d Street Closure Consideration" (1Q Minutes) ,,':' \, ,. '" Review Business Plan Meeting/Banquet Facility (10 Minutes) '" Other Informational Items (5 Minutes) Page 2 '--- NUMBER ITEM ACTION TAKEN 8. *Executive Session (10 Minutes) - The Council .may enter into closed executive session to discuss the following: A. Consultation with Attorney under Government Code §551.071 1. Discussion of OK Sod vs. City 2. Harper vs. NRH B. Deliberation Regarding Real Property under Government Code §551. 052 1. Calloway Branch Area 9. 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. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA DECEMBER 22, 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 and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special Presentations a. Presentation of Proclamation 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda Item(s) Indicated by Asterisk (7,8,18,21,22,23,24,25, 26, 27, 28, 29, & 33) Page 2 NUMBER ITEM ACTION TAKEN *7. Minutes of the Pre-Council Meeting December 8, 1997 *8. Minutes of the Regular Meeting December 8, 1997 9. PZ 97-42 Public Hearing to Consider the Request of Karl Stauss to Rezone Block 11, Snow Height North Addition from R-7 Multi-family to C-1 Commercial. (Located in the 6900 Block of Dick Lewis Drive) - Ordinance No. 2253 10. PZ 97-48 Public Hearing to Consider Amending the Zoning Regulations to Establish Adult Entertainment Regulations - Ordinance No. 2257 11. PZ97-51 Public Hearing to Consider the Request of Jim Walker to Rezone Lots 1 & 2, Block 2, Thompson Park Estates from R-1 Single Family Residential to C-1 Commercial. (Located at 6305 Precinct Line Road) - Ordinance No. 2261 12. PZ 97-54 Public Hearing to Consider the Request of Jim Walker for a Special Use Permit for a Convenience Store on Lots 1 & 2, Block 2, Thompson Park Estates Addition. (Located at 6305 Precinct Line Road) - Ordinance No. 2262 Page 3 NUMBER ITEM ACTION TAKEN 13. PS 97-45 Request of Rebel Properties, L.L.C. for a Replat to be known as Lots 26R & 27R, Block 1, Thompson Park Estates Addition (Located at 6225 Precinct Line Road) 14. PS 97-47 Request of HCA Realty, Inc. for a Replat to be known as Lots 1 R, 2 & 3, Block F, Calloway Farm Addition (Located at 4351 Booth Calloway Road) 15. PS 97-54 Request of Clint Young for a Replat to be known as Lots 13R1 & 13R2, Block 1, Fox Hollow Addition. (Located at 6317 Christy Court) 16. GN 97-139 Agreement with Billy & Ernestine Graham - Resolution No. 97-59 17. GN 97-140 Adult Entertainment - Ordinance No. 2266 *18. GN 97-141 Order to Cease Use of Building to be given to OK SOD, Inc. - Resolution No. 97-60 19. GN 97-142 Public Hearing for Consideration of Application for Tax Abatement by H & M Food Systems Company, Inc. - Ordinance No. 2265 & Resolution No. 97-57 Page 4 NUMBER ITEM ACTION TAKEN 20. GN 97-143 Approve Naming of Neighborhood Park at Glenview and Dawn - Ordinance No. 2267 *21. GN 97-144 Approval of Compensation Plan Market Adjustment *22. PU 97-112 Authorize Purchase of a Quarter Share of a Cinetronics Firearms Judgement Simulator Unit - Resolution No. 97-58 *23. PU 97-113 Approval of Contract Renewal with UPS Prescription Services *24. PU 97-114 Approval of Contract Renewal with ProAmerica the PPO *25. PU 97-116 Award Bid for Parks and Recreation Software Contract to ESCOM in the Amount of $47,015 and file server and Operating System from DIR for $12,000 *26. PU 97-117 Award Bid for Municipal Court Software Contract to INCODE in the Amount of $52,720 and File Server and Operating System from DIR for $12,000 Page 5 NUMBER ITEM ACTION TAKEN *27. PU 97-118 Award Bid for Cabinet/Counter Construction and Installation to Team Design in the Amount of $6,600 *28. PU 97-119 Award Bid for Miscellaneous Electrical and Light Fixture Replacement to Able Electric in the Amount of $12,806 *29. PW 97-26 Approve 1997/98 City Street Overlay Program 30. PW 97-27 Approve Installation of Sidewalk on Harwood Road from Northridge Boulevard east to Tiffin Drive 31. PW 97-28 Approve Proposed Crack Sealing Program 32. PW 97-29 Award Three-Year Contract for Impact Fee Program Administration and One-Year Extension on Watauga Utility Systems Transfer Coordination *33. PAY 97-20 Authorize Payment to Tiburon, Inc. For Mobile Data Switch Software Maintenance Agreement 34. Citizens Presentation Page 6 NUMBER ITEM ACTION TAKEN 35. Adjournment ,___~~.__"~..__~___,~_____~_~~.__..~~~..___".._._._~.,'_~'__~'~_'.~_'_~_~'__'_~~___"__'_>__V^'_'___'~·____~- -.....__.,-,--,._--~~<~.._'_.,._,-~-"------_.._..~-_._-- CITY OF NORTH RICH LAND HILLS PRE-COUNCIL AGENDA DECEMBER 22, 1997 - 6:15 P.M. For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. PU 97-116 Award Bid for Parks and Recreation Software Contract to ESCOM in the Amount of $47,015 and file server and Operating System from DIR for $12,OOO(Agenda Item No. 25) and PU97-117 Award Bid for Municipal Court Software Contract to INCODE in the Amount of $52,720 and File Server and Operating System from DIR for $12,000 (Agenda Item No. 26) (5 Minut~s) 2. GN 97-144 Approval of Compensation Plan Market Adjustment (Agenda Item No. 21) (5 Minutes) 3. Discuss Other Regular Agenda Items (10 Minutes) 4. IR 97-161 Feasibility Study: H & M Food Systems Company, Inc. Tax Abatement Application (10 Minutes) 5. IR 97-164 Colorado Boulevard Street Closure Consideration (10 Minutes) 6. IR 97-165 Review Business Plan Meeting/Banquet Facility (10 Minutes) 7. Other Informational Items (5 Minutes) ---------_.--------~-,-_.~-~-~_.-----'--' ,-- Page 2 NUMBER ITEM ACTION TAKEN 8. *Executive Session (10 Minutes) - The Council may enter into closed executive session to discuss the following: A. Consultation with Attorney under Government Code §551.071 1. Discussion of OK Sod vs. City 2. Harper vs. NRH B. Deliberation Regarding Real Property under Government Code §551.052 1. Calloway Branch Area 19. I Adjournment - 7:20 p.m. I I *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. ,~ïF¡r¡ Ua <? t31J Time~ ___'_~"_~"__""'_+'.'W'_~_'___M___~~~_~___'_'____"'_--_....."'.__.~-~- CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA DECEMBER 22, 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 and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special Presentations a. Presentation of Proclamation 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda Item(s) Indicated by Asterisk (7, 8, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, & 33) ----~------_._--~-~-_._---~._-- ,. Page 2 NUMBER ITEM ACTION TAKEN *7. Minutes of the Pre-Council Meeting December 8, 1997 *8. Minutes of the Regular Meeting December 8, 1997 9. PZ 97-42 Public Hearing to Consider the Request of Karl Stauss to Rezone Block 11, Snow Height North Addition from R-7 Multi-family to C-1 Commercial. (Located in the 6900 Block of Dick Lewis Drive) - Ordinance No. 2253 10. PZ 97-48 Public Hearing to Consider Amending the Zoning Regulations to Establish Adult Entertainment Regulations - Ordinance No. 2257 11. PZ 97-51 Public Hearing to Consider the Request of Jim Walker to Rezone Lots 1 & 2, Block 2, Thompson Park Estates from R-1 Single Family Residential to C-1 Commercial. (Located at 6305 Precinct Line Road) - Ordinance No. 2261 12. PZ 97-54 Public Hearing to Consider the Request of Jim Walker for a Special Use Permit for a Convenience Store on Lots 1 & 2, Block 2, Thompson Park Estates Addition. (Located at 6305 Precinct Line Road) - Ordinance No. 2262 .___^~,______,~"_,~_._."".,,,,__'__mv____.~__"""___"___"___'."__'"'_"_M"'+__.'~___'___'~~__~'__~_'~___';________,_~_~___.M__._ Page 3 NUMBER ITEM ACTION TAKEN 13. PS 97-45 Request of Rebel Properties, L.L.C. for a Replat to be known as Lots 26R & 27R, Block 1, Thompson Park Estates Addition (Located at 6225 Precinct Line Road) 14. PS 97-47 Request of HCA Realty, Inc. for a Replat to be known as Lots 1 R, 2 & 3, Block F, Calloway Farm Addition (Located at 4351 Booth Calloway Road) 15. PS 97-54 Request of Clint Young for a Replat to be known as Lots 13R1 & 13R2, Block 1, Fox Hollow Addition. (Located at 6317 Christy Court) 16. GN 97-139 Agreement with Billy & Ernestine Graham - Resolution No. 97-59 17. GN 97-140 Adult Entertainment - Ordinance No. 2266 *18. GN 97-141 Order to Cease Use of Building to be given to OK SOD, Inc. - Resolution No. 97-60 19. GN 97-142 Public Hearing for Consideration of Application for Tax Abatement by H & M Food Systems Company, Inc. - Ordinance No. 2265 & Resolution No. 97-57 ~_~_~,__".__~__~___,....~._'~_.__"__·_~_..,_,o_'_,._,.. .'^"'_~""'_"""'_~_._"""'_""_"_''''_''__'___~__'____ Page 4 NUMBER ITEM ACTION TAKEN 20. GN 97-143 Approve Naming of Neighborhood Park at Glenview and Dawn - Ordinance No. 2267 *21. GN 97-144 Approval of Compensation Plan Market Adjustment *22. PU 97-112 Authorize Purchase of a Quarter Share of a Cinetronics Firearms Judgement Simulator Unit - Resolution No. 97-58 *23. PU 97-113 Approval of Contract Renewal with UPS Prescription Services *24. PU 97-114 Approval of Contract Renewal with ProAmerica the PPO *25. PU 97-116 Award Bid for Parks and Recreation Software Contract to ESCOM in the Amount of $47,015 and file server and Operating System from DIR for $12,000 *26. PU 97-117 Award Bid for Municipal Court Software Contract to INCODE in the Amount of $52,720 and File Server and Operating System from DIR for $12,000 Page 5 NUMBER ITEM ACTION TAKEN *27. PU 97-118 Award Bid for Cabinet/Counter Construction and Installation to Team Design in the Amount of $6,600 *28. PU 97-119 Award Bid for Miscellaneous Electrical and Light Fixture Replacement to Able Electric in the Amount of $12,806 *29. PW 97-26 Approve 1997/98 City Street Overlay Program 30. PW 97-27 Approve Installation of Sidewalk on Harwood Road from Northridge Boulevard east to Tiffin Drive 31. PW 97-28 Approve Proposed Crack Sealing Program 32. PW 97-29 Award Three-Year Contract for Impact Fee Program Administration and One-Year Extension on Watauga Utility Systems Transfer Coordination *33. PAY 97-20 Authorize Payment to Tiburon, Inc. For Mobile Data Switch Software Maintenance Agreement I 34. I Citizens Presentation I I -._~~--~--",._._._"--,~'_._--~-'---_.._' -- _..__._-~.._-"--_..~- Page 6 NUMBER ITEM ACTION TAKEN 35. Adjournment J~;~q7 at\? /~30~ Time By ewJæ~ " INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. I R 97-163 ~ Date: ~ Subject: December 22, 1997 . IronKids Triathlon on ESPN It's almost here!! The ESPN Sports coverage of the 1997 National IronKids Bread Triathlon, held in North Richland Hills on August 24, 1997, will be televised on ESPN December 24, 1997 at 1 :00 p.m. It was our privilege to host this national event. We had over 375 participants. There was a tremendous amount of commendable feedback from the participants as well as the spectators. Earthgrains, the event sponsor, was elated with our production and success of the event. The API Championship Group, sports marketing and promotion firm for the event and coordinators of the triathlons during the last ten years, stated that our 1997 North Richland Hills Triathlon was one of the best in the history of the event. ., Traditionally the NationallronKids Triathlon Championship has been held in the same city for two consecutive years. That same commitment had been verbally made to us, by The API Championship Group. Unfortunately, Earthgrains (the corporate sponsor of the event) just recently solicited proposals for sports marketing and promotional services and a different firm was selected. The new marketing firm has proposed a strategy to Earthgrains to route the national championship to different cities every year. In 1998, it appears the Triathlon will be held in San Antonio. The local Earthgrains bakery representatives were not excited about this decision and obviously we were disappointed as well. However, given the corporate and regional sponsor feedback regarding the outstanding job accomplished with the North Richland Hills Triathlon. We are optimistic that we will have an opportunity to host the national championships in the near future again as part of the new "annual" circuit format. We are still excited about this outstanding event, which benefitted our local youth, and look forward to participating again in the future. Join us in celebrating this accomplishment by viewing the ESPN broadcast on Christmas Eve Day, at 1 :00 p.m. Thank you for your continued support and involvement with this and other department programs and special events. Respectfully submitted, ~~~ Jim Browne Director of Parks and Recreation JB/sm ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS .' CITY OF NORTH RICHLAND HILLS MINUTES OF THE INVESTMENT COMMITTEE MEETING April 29, 1997 Present: Larry J. Cunningham, Assistant City Manager Larry Koonce - Finance Director Jackie Theriot, Accounting Manager Debbie Durko - Budget Coordinator Victor Jones - Utility Services Manager Bret Starr - Accountant Absent: None Item 1: Approve Minutes of Previous Meeting Discussion: A motion to approve the minutes was made by Larry Cunningham, seconded by Larry Koonce, and passed without objection. Action: No action required. Item 2: Summary of Investment Transactions for January to March. 1997 Discussion: Interest income for the period was $530,000. The portfolio balance as of March 31, 1997 was $ 40.4 million. In February and March, $5 million Treasury and Agency Notes with maturities between one and two years were purchased for the consolidated portfolio. The notes were purchased in a three month ladder from February 1999 back to March 1998. An additional $8 million was invested during the quarter to match cash flow needs through the first quarter of FY 1997/1998. Staff presented the proposed investment ladder for the next quarter. Cash flow analysis indicates that no investment maturing over the next quarter will be required for operations. Staff proposed that four of the investments be invested to match anticipated cash requirements in the 6-9 month range and that two be invested out a year and a half and two years to update the investment ladder. Since the markets are anticipating the Fed to raise the Fed Funds rate by an additional 25 bp at the May 20th meeting, interest rates have risen and the next month is a good time to invest at higher yields. Action: Mr. Koonce instructed staff to project interest rates and return on investment for the remainder of the fiscal year. A motion to approve the third quarter investment strategy was made by Jackie Theriot, seconded by Victor Jones, and approved unanimously. Item 3: Discussion and ApDroval of the Second Quarter Investment Report Discussion: The quarterly investment report was approved by all committee members individually prior to the investment committee meeting. Action: No action taken. All committee members were satisfied with the structure, content and presentation of the quarterly report. Item 4: Consideration of New Brokers Discussion: Since the last investment committee meeting, three brokers have applied to be added to the broker/dealer list: First Tennessee Bank, Morgan Keegan, Inc., and Griffin Kubik Stephens & Thompson. All three firms met the criteria for approval and had good references and clean background checks. Staff recommends the approval of all three as broker/dealers. Action: A motion to approve First Tennessee was made by Larry Koonce, seconded by Debbie Durko and passed unanimously. A motion to approve Morgan Keegan was made by Jackie Theriot, seconded by Larry Koonce and approved unanimously. A motion to approve Griffin Kubik was made by Larry Koonce, seconded by Larry Cunningham and passed unanimously. Item 5: Investment Strategy for April-June 1997 Discussion: Staff has contacted both Lone Star and CLASS concerning their investment pools. Lone Star is an investment pool composed primarily of Texas school districts. Their investments have tracked Texpool and Logic over the last few months, with a slightly lower yield and a slightly higher management fee. CLASS was begun in April of 1996 by MBIA Capital Management. They operate a separate investment pool for each state they operate in. The program was begun in 1990, and currently has over $3 Billion assets in 11 states. Staff has obtained the legal documentation to enter into repurchase agreements with all four of our primary broker/dealers: Paine Webber, Prudential, Merrill Lynch, and Zions Bank. In addition to a standard repurchase agreement, Merrill Lynch offers a program called Flexicash, which would operate similar to our accounts at Texpool or Logic, but with funds held in custody by the Bank of New York. This program would allow daily access to cash with a slightly lower rate as the trade off. In anticipation of the receipt of proceeds from the GO and CO sales on June 3, staff has begun construction of cash flow models to determine the amount of funds available for investment. In the past, approximately 25% of the proceeds were needed within two months of issuance, while the rest has been invested in treasuries and agencies out to one year. In addition to T expool and Logic, the new funds could also be invested in repurchase agreements. Action: The committee decide to postpone the decision to approve additional investment pools and to monitor the fee structures and rates of return of all pools in case performance or management changes drastically at any pool. No formal motion was made. Mr. Koonce agreed to sign the master repurchase agreements on behalf of the City. The committee agreed that these contracts did not require council approval since repurchase agreements were authorized under the investment policy, which was approved by Council. The committee directed staff to investigate the usefulness of a structured repurchase agreement. In particular, a floor might be desired to keep interest rates from falling below a certain level. Staff was directed to contact Trip Irby at First Southwest to help determine the optimal amount of bond proceeds to be invested in repurchase agreements. Item 6: Other Business Discussion: Mr. Cunningham proposed the idea of replacing himself on the Investment Committee with Mr. Shiflet so that he could gain more experience with the financial operations of the City. It was also proposed to include a department head from another department on the Investment Committee. The department heads could rotate on and off the committee each year. It was discussed that this would be of benefit to departments with large expenses and capital programs. Suggestions for specific departments included Public Works, Parks & Recreation, Information Services and Support Services. To maintain an equal number of members on the committee, it was proposed that Debbie Durko and Victor Jones rotate on and off the committee every six months. Action: The committee agreed with the proposed changes. Debbie Durko would be off the committee until October, at which time she would rejoin the committee and Victor Jones would rotate off. The committee directed staff to prepare memos inviting Mr. Shiflet and Mr. Browne to join the investment committee. A motion to adjourn the meeting was made by Larry Koonce and seconded by Debbie Durko. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. * ' Date: \ Subject: ',-- .. .. .. .. .. .. .. \....... .. .. .. '~ Monday, December 22,1997 Feasibility Study: H&M Food Systems Company, Inc. Tax Abatement Application Attached is the Feasibility Study and Recommendation on the April 8, 1997 tax abatement application by H&M Food Systems Company, Inc. H&M plans to spend $16.9 million in expanding and improving its food processing plant and annex building at 6350 and 6301 Browning Court--and is seeking tax abatement on $12.1 million of those improvements. Highlights of the Study include: An 80,000 square foot plant expansion for food processing & cold storage equipment. Renovation of existing 1 0,000 square foot annex building for laboratories & offices Construction of twonèw parking lots. Total investment (including expansion & equipment) of $16,900,000; $12,100,000 qualifies for abatement and balance ($4,800,000) is equipment. Retention of 235 existing jobs. Addition of 200 new permanent jobs(aH manufacturing). 8% of employees live in or are immediately adja.cent.to North Richland Hills; Almost 95% of plant employees live outside the Greater NRH area. Requested abatement is for $12,100,000 in improvements at 100% for five years. $4,800,000 in equipment is taxable as personal property and will provide additional $27,360 in property tax revenues immediately. H&M will expand & improve its pre-treatment process. Fort Worth-based Freese & Nichols conducted a thorough testing & analysis of plant and made recommendations. ' .. Public Works, Fire, Police and Finance Departments reviewed plans and anticipate no appreciable effect on facilities or operations due to the proposed expansion. I look forward to discussing this study with you Monday night. If you have any questions before then, please call me at 581-5534. Respectfully submitted, ~{f&t MartýW éder Director of Economic Development MBW ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS H&M FOOD SYSTEMS, INC. APPLICATION FOR TAX ABATEMENT FEASIBILITY STUDY AND RECOMMENDATION CITY OF NORTH RICH LAND HILLS ECONOMIC DEVELOPMENT DEPARTMENT DECEMBER 1997 The adopted Guidelines and Criteria for granting tax abatement in the City of North Richland Hills require staff to perform a Feasibility Study setting out the impact of the proposed reinvestment zone and tax abatement. QUALIFICATIONS TO APPLY H&M Food Systems, Inc. qualifies to apply for tax abatement as a Manufacturing Facility. A manufacturing facility is defined as "buildings, structures, fixed machinery or equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change". H&M is expanding and modernizing its existing plant and renovating the company's existing 10,000 sq. ft. annex building for laboratories and offices. The company is also constructing parking lots on the adjacent property and at 6393 Browning Court. In addition to the construction, H&M plans to add personal property which is exempt from abatement, including new conveyor equipment, packaging and case-off machines, office furniture and office equipment. As defined in our Guidelines & Criteria, expansion means "the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity". Modernization is defined as "the upgrading of existing facilities which increase the productive input or output, upgrades the technology or substantially lowers the unit cost of the operations. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery or equipment". IMPROVEMENTS The proposed expansion by H&M Food Systems Company, Inc. will be at the company's existing food processing facility at 6350 Browning Court. Expansion plans include constructing approximately 80,000 sq. ft. of building space attached to the existing facility to house food processing and cold storage equipment. Likewise, H&M's 10,000 sq. ft. "annex" building at 6301 Browning Court will be built out for laboratories and offices. In addition, contractors will construct new parking lots on the plant's adjacent property and at 6393 Browning Court (both of which have already been completed). H&M Feasibility Study Page 3 Refinements will also be made to the plant's existing pepperoni and pizza topping production lines. And improvements will also be made to the layout of the receiving, handling and shipping functions. Construction Start: May 1997 Anticipated Completion: March 1998 Construction Cost: $8.2 million Electrical Cost: $1.2 million Refrigeration Cost: $1.2 million New Equipment: $1.3 million ($900,000 eligible for abatement) Other Assets: $4.6 million ($600,000 eligible for abatement) APPLICATION GUIDELINES/ECONOMIC QUALIFICATIONS Applicants must submit an Application for Tax Abatement prior to the commencement of construction. H&M Food Systems' application qualifies as it was received on April 8,1997. For an expanded or modernized facility an applicant must invest not less than $1,500,000 in the facilities over a three year period. H&M's application qualifies as they expect to invest a minimum $16,900,000 ($12.1 of which qualifies for abatement). An applicant must create and/or retain not less than 10 jobs associated with the production of goods and services at the authorized facilities. H&M's application would qualify as they will retain 235 existing jobs and anticipate an employment increase of 200 upon completion of these improvements (H&M officials estimated a peak construction work force of 50 people). These 200 new permanent jobs will raise H&M's employment base in North Richland Hills to 435 people. As of December 15, the local residences of H&M's NRH Plant employees broke down as follows: Fort Worth Haltom City Bedford/Euless/G rapevine Azle/Saginaw/Blue Mound North Richland Hills Arlington S. Tarrant/Johnson Watauga W eatherford/B ridgeport Keller 78.7% 3.0% 3.0% 3.0% 2.1% 2.1% 2.1% 1.7% 1.3% 0.9% H&M Feasibility Study Page 4 Thus 18 (Or 8%) of the plant's employees live in or immediately adjacent to North Richland Hills. Almost 95% (217) are traveling to the plant from outside the Greater North Richland Hills area. APPLICATION REVIEW The City received H&M's initial application on April 8, 1997. Please note that H&M officials have since submitted two amended applications and increased the plant expansion by 20,000 sq. ft. and increased construction costs (all qualified for abatement) by $4.2 million. The latest application and accompanying letter are attached for review. All requirements to make application for tax abatement have been met. Included are: a. Written Description of Project b. Statement of Improvements c. Map of Area d. Time Schedule e. Financiallnformation* *H&M Food Systems Company, Inc. is an indirect, wholly-owned subsidiary of Specialty Foods Corporation (SFC), a privately-held corporation headquartered in Rosemont, Illinois. SFC has issued public debt and therefore is subject to the reporting obligations under the Securities and Exchange Act of 1934. In connection with such obligations, SFC submits audited financial statements to the SEC on a consolidated basis. SFC is not required to and does not prepare separate, audited financial statements for H&M Food Systems. Thus, H&M submitted the attached Balance Sheets, Statement of Operations and Statement of Cash Flows which were filed by SFC with the Securities and Exchange Commission for the year ended December 31, 1996. Such reports are attached. ECONOMIC EFFECT H&M's expansion and modernization will have a positive economic impact on the City of North Richland Hills and it's citizens. Areas of impact include: * The creation of 200 new manufacturing jobs * $5.3 million (of direct impact) in payroll H&M Feasibility Study Page 5 * An additional $1 million in local bank deposits (according to a study done by Deloitte & Touche/PHH Fantus) According to the same study, 200 new manufacturing jobs will also have an indirect impact of: - 400 additional non-manufacturing jobs (for a total of 600) - $3.4 million in additional payroll (for a total of $8.7 million) - another $1 million in additional bank deposits (for a total of $2 million) * An increase in the City's real and personal property values, helping strengthen North Richland Hills' economic base. Almost $5 million (4.8) of H&M Food Systems' planned improvements are ineligible for abatement and will become immediately taxable. If the Tarrant Appraisal District gives full value to these improvements, the City will immediately begin realizing an additional $27,360 in property tax revenues (based on the present rate of $.57/$1 00 of value). * An excellent match for the work force available in and around North Richland Hills. TAX IMPACT Our guidelines for tax abatement allow for a 500% reduction in property taxes--on the improvements only--over a 5 or 10 year period. Based on our existing tax rate of .57 cents, abatement on the eligible increased value of $12,100,000 would abate $344,850 in taxes over the life of the contract. It should also be noted that taxes would not be abated on: 1) The existing structures owned by H&M Food Systems. 2) Land Value. 3) Personal Property. H&M Feasibility Study Page 6 IMPACT ON CITY SERVICES Representatives of North Richland Hills' Finance (Utility Billing), Fire, Police and Public Works Departments have reviewed Columbia's expansion plans--and do not anticipate significant impacts outside of possible increased truck traffic. Their specific observations include the following: Public Works Public Works believes the plant and parking lot expansion "are not going to have an appreciable effect on our drainage, water or sanitary sewer system." Department Director Greg Dickens pointed out that H&M will have to pay additional drainage utility fees, water fees and sanitary sewer charges. While North Richland Hills has had some trouble with the grease in H&M's effluent in the past, the company has had to apply for a new permit as a result of the expansion (which H&M did on December 8, 1997). Likewise, the company will have to expand and improve its pretreatment process--which should help eliminate the City's problem downstream. H&M hired Fort Worth-based Freese & Nichols to conduct a thorough testing and analysis of their plant, as well as make several recommendations. While Public Works officials believe the project's biggest impact may be increased semi- truck traffic on the street pavement--there is no easy or reliable way to figure increased costs, especially since several other companies also use Browning Court (i.e. Sealy Mattress Manufacturing, Fort Worth Star-Telegram and Paragon Furniture). Public Works staff is willing to seek consultant assistance to come up with reasonable figures on proposed truck traffic levels and assumed values, if necessary. Finance The Finance Department conducted an analysis of the plant expansion and can foresee "no significant impact either on operational revenues or expenses." The expansion and improvement of H&M's pretreatment process may reduce sewer surcharges and therefore impact sewer sales. Police The Police Department analyzed police activity at H&M, with results showing an average of less than one call per month. Department officials believe "there will be no appreciable impact" when the facility is expanded. Fire The Fire Department does not expect H&M's expansion to cause its operating budget to increase--and the Department even "appreciates and applauds the growth of H&M here in North Richland Hills". H&M Feasibility Study Page 7 FUTURE GROWTH As noted in their initial application, "The expansion will allow H&M to increase its operating efficiency and accommodate future growth." A division of a publicly-traded company, H&M is under the constant scrutiny of stockholders--and thus seeks to maintain a top-flight facility and an aggressive production schedule. It is also important to note that the holding company has already chosen to increase the size and cost of the expansion by 20,000 sq. ft. and $4.2 million. RECOMMENDATION After a comprehensive review of this application, the Economic Development Department recommends that the Application for Tax Abatement submitted by H&M Food Systems Company, Inc., be approved. ~~)i~~ Marty Wj.eder '\ ~ .' . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 97-164 ~ ~ ,{ I Date: December 22, 1997 \....- Subject: Colorado Boulevard Street Closure Consideration Attached as Item #1 is a copy of the letter from Lisa and Ron Winn dated July 31. 1997, requesting closure of Colorado Boulevard. Behind the letter is the original petition with 16 signatures representing 15 addresses on this stretch of Colorado Boulevard. They have since added 3 more signatures representing 3 more lots. The original petition asked for closure at Harwood Road and the revised petition proposes closure at Grapevine Highway. After receiving the original petition, I asked for comments concerning the requested closure from the Police and Fire Departments. Both departments responded with objections to closing Colorado Boulevard at either end. See attachments labeled Items #2 and #3. Traffic counts were taken on Colorado Boulevard two different times. Once by the Police Department's radar trailer on Friday, November 20th. A copy of the results are attached as Item #4. The total number of vehicles in both directions was 555. The maximum speed was 36 mph. The 85th percentile speed is 26 mph. \,- The second traffic counts were taken by the Public Works staff on December 11 th and 12th. The counts were taken to distinguish between north and south bound traffic. The following table summarizes the results. Northbound Traffic Southbound Traffic Total Thursday, 12-11-97 Friday, 12-12-97 356 376 239 231 595 607 In the process of collecting data and comments, I drafted a set of guidelines to follow for consideration of street closures. This was done after surveying many of the surrounding cities concerning street closures. The guidelines were reviewed and agreed to by the Deputy City Manager. I then reviewed this request for street closure based on those guidelines. The results are shown on Item #5, attached. In answering Question #1 on the guidelines, the request/petition does not have 80% of the adjacent property owners signatures and would therefore not be considered. It only has 18 of 23 properties which is 78% (see map immediately in front of Item #1). Also, the fact the Fire and Police Departments have objections to the closure causes the consideration to terminate (see Question #7). But, I also feel road humps would help mitigate the excessive speeding which the property owners say occur and possibly reduce the amount of traffic using Colorado Boulevard as a bypass. This was noted in answer to Question #4 of the guidelines, \...... ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS -- '-- After review of the additional data and consideration of a possible closure on the south end of the roadway, it is still staff's recommendation that Colorado Boulevard be considered for road humps. This recommendation is based on the fact that the road is used as a bypass and the traffic counts exceed 500 vehicles per day. The adjacent property owners would have to prepay the cost for the road humps, signs, and pavement markings before installation. Also, the adjacent property owners located where the road humps are to be installed will need to sign in favor of their location. The details can be worked out if the property owners on the street wish to pursue possible installation of road humps. A new study to evaluate the feasibility of closing the road could be done after the road humps had been in place for a sufficient time period. 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C '-l 1/) 0 -ç; ..... ~ (J '":: ( ) (/) ~ ( ) ~ C C1J ill .!: 2~ ~ <X: .... ~ 0 Z - c 0 ~ ( ) Q. >- Ll ( ) ~ ( ) .!: 0 V V ( ) CJ) C OJ CJ) (/) ill ~ .a::: ( ) 0 v 0 c <X: ::¡ ( ) .!: ~ C1J ~ -~--~" -----~~~ Dec-03-97 06:40P NRH PW&PZ Administration 817 6567538 "tJ C» en 0 Õ :r-,( ) ':)l.c -;:¡c - ca ~g "ç:= ~I "-5t '"0 t: n:I "E tU > ~ :::s 0 m 0 '"0 ~ 0 - 0 () - 0 t: 0 :¡:; \cJ u C» "- ') f '- ( ) '-""'; -4J c: -- :--- ( ) ---- .t: - ... ~ .E t: "- 0 -- --' - '-..., ::: - ( ) '--" !l.. ....." >. '-' ..0 ~ Q.) a.. ( ) -..e ,¡: 0 0 '"0 ::.J 0) "tJ ( ) '-.J t: C) '>.J C) - ~ ..) CD I ; "C " § ---' ¡ ( ) . ) ,¡: '0\ - '-.......: ( ) - 3: -J ::) "S 0 P.08 ~ ~ ~~. 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I., j~, Z --i. c::: r 1\ I "-= "''' "L ~ _ ~ ~ ~~~~-~, ~~ ~\I~~ ~'4~~ ~ \' \.» - rM ~ ~ f-q \. ~ ~ ~ '\I C,., I~ 7 i~~~·' ~ ~ S ~·~lC -~ ~~,~ " ~ ..; ,-.èii ~ '-'- ¡ \' .'- ,,~, ." ~ ~ \;fÐ '- "- ~~Ã~~~~'~r.r\~~)~I~~ ~~~~ 'r '--":' '-'1'0- ~ 'f J '\>~ISJ,- ~\¿) -i " r-öS "'" -~ Î ~~ ~!~~ l~~1~11~ ç , -~ . ~K t::= ~ ~ . -, ::7 ~ C c: ' " p....-;,~i:r~,?~ ~c·~ .'\ ,,\NJ~ " ~ -(j c:. "\ in < u)1. ¡,~ I "~""-1£ to> ~ :(. ~ , æ í..~ ~ ~ ~ ~ ~ '- I ~ ~ ~ ~ ~tð ~~ ~ ~ ~ ) aIr ~ "! I:, '"' r ~I ~ 4) ~. c .c ~ I ¿ Ie;:. I ~ _ ..... <.: <; .o,~ Ù ...... £d \ c \} " ~"";; . 'il~"-.J G ~ ,Sir" <:~ ~ Gt\ \J c.~ \ í' "'" I'.: '-.J I,J-........ 0--. ~ : \.. L ~, '-J I'.:... '~ '_ ~~~~ac(,~~G!~~~~_~I~~~~ ~,~~I~ ~-~'_-(COO_~00 1~~~~I~~~~~b~I~~~~~I~~~·C " .. I:\TER-OFFICE ME:\IORA:\DC:\I TO: Public Works Director Greg Dickens Chief ], L. McGlasson Proposed Closing of Colorado Blvd, REF: D,-\TE: PD\;[:= 01/97/769 October 9, 1997 FROM: SUBJECT: This memorandum is written in response to your request dated September 29, 1997 regarding the proposed closing of Colorado Boulevard between Standley Drive and Harwood Road, The poliœ department has evaluated police statistics in the general area surrounding those blocks proposed for closing. It is our opinion, based on the infoonation compiled, that it is not advisable to close Colorado Boulevard, The number of calls for service between January I, 1985 and October 8. 1997 into the area that is accessible via Colorado Blvd, was 10,732, Offenses in the same area numbered 354 and there \vere 4 accidents reported in the affected area between January I, 1985 and October 8, 1997, The police department is not in favor of dosing Colorado Blvd, based on the fact that police response into the immediate area would be slowed and anyone wishing to commit a criminal act would not have to be concemed with the possibility of police units Jpproaching from anywhere other than the Davis Blvd, area, Colorado Boulevard is used as a primary means for police traffic trJvc!ing from Grapevine Highway to Harwood Road and the neighborhoods and apartment complex beyond, Refer to the attachments to this memorandum indicating offenses and accidents mentioned above, The data on calls for service is too voluminous to be attached, Item #2 ~_1ì~~~4~1~s "'-FJRE"ÐEPARTMENT""«-"'" .'c.>' :J6;~,,,:L'''T('''''''fi;;;;:;'~<}:J</\-: ;::~" <,_ ..,.:,~,/",E=-·;;> Memo To: From: Copy: Date: Re: Greg Dickens, Public W~1 )¡D i rector Stan Gertz, Fire Chief ~ Larry Cunningham, City Manager September 30, 1997 Possible Street Closures: Colorado Blvd. @ Haf\M:Jod and/or Standley This memo is In reference to your memo dated, September 29, 1997, regarding the possible street closures. Chief of Operations Pat Hughes and myself drove this area and wish to submit the following comments: Colorado Blvd. has only one fire hydrant in this effected area. That hydrant is located at the intersection of Grapevine Hvvy. and Colorado Blvd. Another hydrant is located north of Haf\M:Jod Rd. at the intersection Colorado Blvd. This proposed closure will create a fire hydrant accessibility problem, should a residence fire occur in the 5200 block of Colorado Blvd, Fire trucks responding to the 5200 block will not have adequate street area to make a U-turn if necessary, once committed to this location. This fire department does not endorse this proposed closure. The closing of Standley Drive at Colorado Blvd., also experiences some of the same problems as the above paragraph indicates. Once fire trucks are committed to the 8000 block of Colorado Blvd., they will not have sufficient room to make a U-turn if needed. Fire hydrants in this proposal are not a problem, however, the fire department does not favor this closure, but at the same time feels this proposed closure is the more acceptable action of the Ì'MJ. Caution: The fire department would also like to caution all parties involved in these proposed street closures that fire trucks responding to these effected areas may experience some delay in the arrival of fire apparatus. . Page 1 Item #3 --'--- North RichJand HiJJs Police Department Speed Survey Data ColJected From Radar Trailer 5200 Colorado Blvd, Location: Date(s) of Survey: 11/20/97-11/21/97 Hours of Survey: 0820-0734 Radar Displays Motorist's Speed Back To Them: [gJ Yes 0 No Number Of Vehicles Under 20 NfPH Number Of Vehicles 20 NfPH To 29 MPH: Number Of Vehicles 30 NfPH To 39 NfPH: Number Of Vehicles 40 MPH To 49 NfPH: Number Of Vehicles 50 MPH To 59 MPH: Number Of Vehicles 60 MPH To 69 MPH: Number Of Vehicles 70 MPH To 79 MPH: Number Of Vehicles 80 MPH And Over Total Number of 555 Vehicles Surveyed: ~1jnimum Speed 13 Maximum Speed 36 Average Speed 21 50th Percentile 21 85th Percentile 26 - 11 Speed Limit: 30.MPH Zone Day(s) of Week: THU-FRI Direction: SIB N umber of Lanes: 2 Speed Limit Sign Posted On Trailer: [gJ Yes DNo 230 292 ...... ,),) 0 0 0 0 0 Number Of Vehicles Surveyed By Hour Of Day: 0000-0059 4 1200-1259 37 0100-0 159 I 1300- I3 59 26 0200-0250 I 1400-1459 36 0300-0359 2 1500-1559 42 0400-0459 4 1600-1659 43 0500-0559 I 1700- I 759 58 0600-0659 12 1800- I 859 AI 0700-0759 26 1900-1 900 42 0800-0859 34 2000-2059 23 0900-0959 24 2 1 00-2 I 59 16 1000- I 059 20 2200-2259 13 1100-1159 20 2300-2359 19 Item #4 CITY OF NORTH RICHLAND HILLS, TEXAS GUIDELINES FOR CONSIDERA nON OF STREET CLOSURE REQUESTS STREET NAME: Colorado Boulevard from Harv-lQod Road to Graoevine Hiahwav 1, Has an original petition from the property owners on the street been received and has 80% or more of the total property owners affected signed? Yes x No ~ 1 ô% 2, Have all the petitioners stated a willingness to pay for the cost of closing the street? Yes No 3, What is the underlying motive for the request for closure? X Speeding X Excessive Traffic Traffic Signal Bypass Route Other (explain below) 4, Are there any other alternatives such as road humos which can be implemented to resolve or mitigate the problem? X Yes No 5, Is the street to be closed shown on the adopted or proposed Master Thoroughfare Plan and will an amendment of the Master Thoroughfare Plan be required? Yes X No 6, Will the street closure disrupt current or planned future traffic circulation? Y;::>- ~::> X No 7, Does the Fire Department or Police Department have objections to the street closure? By' (; Date: No Item #5 d msldata/str.:/os 10/24/97 - GWD Page 1 of 2 Street Closure Guidlelines (continued) The answers to oath Questions ;::î and ;::2 must oe'yes' for s:aff C:J conSlcer a íe:;'.Jes, for street closure, If the answer is "yes" to anyone of Questions ~, ;::5, ;::5, or ;::7, the review will stop, Staff will then inform the City Manager's office and Council of the request and the reason for termination of the review, If answers to Questions #1 and #2 are "yes" and answers to Questions #4, #5, # 6, and #7 are "no", a preliminary design and cost estimate of the proposed closure construction will be prepared, The site plan and cost estimate will be sent to all property owners affected by the proposed street closure with an estimated amount they could be requested to escrow with the City prior to any construction being staned, They will be given a stamped envelope to return their response to the City, At least 80% of the property owners must sign and date the response letter and check "yes" they are willing to escrow this amount of money with the City for the cost of the closure, If 80% do not respond "yes", the review will end and a report will be sent to the City Manager's office and Council. Assuming all the above is accomplished and response from 80% or more of the affected property owners states they are willing to pay their share of the road closure costs, staff will provide an Informal Report to the Mayor and Council with all data and maps necessary to describe the request and information collected, At the next Council ~,,1eeting, staff will have an agenda item for Council to set a date to conduct a public hearing on the road closure. All affected property owners will be notified by mail as to the date and time of the public hearing, On the same Council Agenda with the public hearing, there will be an action item f.:::¡lIowing the public hearing to approve or deny the request for road closure, dmsldata/stT:dos 10/24/97 - GWQ Page 2 or 2 \,- INFORMAL REPORT TO MAYOR AND CITY COUNCIL ,\ ~ Date: 1/11/ Subject: No. IR 97-165 December 22, 1997 Business Plan Meeting/Banquet Facility At a recent Pre-Council Meeting the City Council reviewed the possibility of expanding the Iron Horse Golf Club House to provide a meeting and banquet facility . At that time the City Council was supportive of further exploring this possibility, further refining the cost estimates, and developing a more detailed business plan for such a facility. A business plan for a meetingJbanquet facility at Iron Horse Club House has been prepared and is attached for your review and discussion at the December 22, 1997 Pre-Council Meeting. '-- This business plan is based upon providing an expansion of 8,900 square feet to Iron Horse Club House at an estimated cost of $1,450,000. Of this amount, $1,350,000 would need to be financed with Certificates of Obligation. In conducting this analysis, projections were made for possible uses and then revenues were estimated from the uses for five years. It is estimated that the first year would generate 240 meetings, with 19,539 people attending such meetings. The growth and use of the facility were projected at 5% per year for the next four years after the first. Such meetings would include professional groups, local business training sessions, corporate board meetings, weddings and receptions, golf tournaments, banquets and a variety of others. It is also anticipated that aD of these would have either food or beverages served and more than 90% would have both. The business plan includes projections for the revenues, operating expenses and debt service. Based on the projections, $50,000 annually will be needed from the HotellMotel Tax to pay for the cost of this facility and operations. According to this projected plan, other costs can be provided through revenues from the meetings and food and beverage charges. C.A. Sanford will be available at the Pre-Council Meeting to prtesent this business plan. Recently the City Council approved participating in a market position analysis with Arcadia Company for the property in the Mid-Cities Boulevard area. Ameeting facility, such as the one that is being discussed at Iron Horse, is also a pO$sibility for the area under consideration in the Arcadia study. It would seem to me that it might be practical for the City to hold on any decision with regard to the meeting facility at 'Iron Horse until the Arcadia study is completed to see if it would be more appropriate to locate such a facility in that project. It would be my suggestion that we hold on this particular project until such study is done and then make a decision of which would be the best location. I have discussed this with C.A. Sanford. He is aware of my suggestion to Council and also concurs with that. --:. ISSUED BY THE CITY MANAGER !NORTH RICH LAND HILLS, TEXAS Page Two '-- This business plan should be transferable to another location with some minor modifications. Therefore, I believe this information should still be valid as we look at another possible location. We will look forward to discussing this with you at Pre-Council on December 22, 1997. Respectfully submitted, ~ð-~ Larry J. Cunningham City Manager LJC/gp Attachment \..- .;¡:;. Business Plan Meeting/Banquet Facility Iron Horse Golf Course December 1997 Business Plan - Meeting Facility at Iron Horse Introduction For some time businesses and professional groups have expressed comments and concerns to the Economic Development Department and other public officials about the need for meeting and banquet space in North Richland Hills. In 1994 an outside study was conducted regarding hotel space and meeting room needs in our City and feasibility of such. Findings were that the City did in fact need meeting room space for small meetings, etc. With this in mind, the City Council has considered this matter and determined the most cost-effective way to address this need. It was determined to explore the possibility of such meeting space at Iron Horse Golf Course, and develop a business plan for such a facility. Since its inception, Iron Horse Golf Course has brought the City of North Richland Hills fame and prosperity. Well-known for its challenge and beauty, Iron Horse is a delight for golfers from all over the Metroplex and the Nation. A golf course is made up of more than greens and roughs. Iron Horse would not be as competitive if it did not offer the amenities that have come to be expected. One of those amenities, which Iron Horse does lack, is a large capacity meeting room. Not only does the absence of a meeting facility limit the size and amount of tournaments and events that Iron Horse can offer golfers, it also causes wedding receptions, community luncheons, business banquets and meetings, and seminars to be held in surrounding cities. Not only does this bring to those cities direct income, but also the businesses benefit from the additional visitors who stay at a local motel, or stop by their convenience stores, gas stations, and restaurants on the way home. By attracting some of these functions to our City, we not only increase revenues at Iron Horse, but residual sales tax revenue for our General Fund, Parks and Recreation, and Crime Control District. With Iron Horse Golf Course, Mountasia, the Richland Tennis Center, and NRH20, North Richland Hills has become a regional attraction. We are getting two new motels this year, enhancing our ability to attract large meetings. We have the amenities, the entertainment, the restaurants, the shopping, and the location. The only thing we do not have is the meeting facility. The following is the business plan for the proposed meeting facility at Iron Horse Golf Course. This plan assumes an 8,900 sq. ft. expansion with parking, estimated to cost $1,450,000. It assumes a 300-seat banquet room that can then be divided into smaller rooms. It also assumes food will be prepared on site rather than catering. Provided information includes the positive impact on revenues that this facility should provide. This positive impact on revenues will enable Iron Horse to continue to be a premiere facility in the Metroplex. 2 Meeting Activities Projections were made for meetings, including banquets, based on input and studies from surrounding cities and business contacts. It is estimated that the first year would generate 240 meetings of 19,539 people. A conservative projection of 5% growth per year was made for future years. Such meetings would include professional meetings, local business training sessions, corporate board meetings, weddings and receptions, golf tournaments, banquets, and others. It is also anticipated that all would have either food or beverage, and over 90% would have both. Operatina Revenues Projected revenues for the first year of operations are $281,000. This would be realized from an estimated 240 meetings, hosting nearly 20,000 guests at an average cost of $10.50 per guest. This also includes $72,000 in room charges at $300 per meeting. Over the course of the next 5 years, the revenues are projected to increase by 5% per year to about $342,000 in the fifth year of operation. Cost of Sales & Operating Expenses The cost of food and beverages is estimated at 30% of total banquet charges each year. Operating expenses increase over the 5-year period by 5% per year in conjunction with the increase in number of banquets and revenues. Costs of sales and operating expenses total approximately $214,000 the first year and reach $260,000 in year five. Salaries and benefits represent the largest share of operating expenses. For the first year, this amount is $108,135. This reflects the hiring of a full time marketing/promotion position and various support staff. This represents 71 % of the operating expenses. Taxes and utilities account for 17% of the total at $25,860. Debt Service and Capital Expenses Debt service is based on financing of $1,350,000 of the total project costs, estimated at $1,450,000. Of this amount, $890,000 is for the building of the facility. Seating and kitchen equipment is estimated to cost $200,000. Another $141,000 has been planned for contingency (10%) and debt issuance costs. The twenty-year debt schedule has been structured so that equal principal payments are made over the life of the debt issue, and the first payment is not scheduled until year two of the plan. This means that annual payment amounts are larger at the beginning of the twenty years, and decline as the debt matures. Using this method, the City will realize savings of over $100,000 in interest 3 expenses over the twenty-year period. In addition to debt expenses, the plan also includes allowances for equipment replacement and other capital improvements from $8,000 to $10,000 per year. The estimated cost to purchase land for additional parking is $100.000. This could be paid for from Golf Course Fund reserves, and therefore is not reflected in the debt service payments. 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N¡' ..,....: N: .. ... ... .... - o 0' ,....,! =~: · o · ::! .. . "', :"': ~ ... ... , ~;I ""I iN" :: '" · ~ ... ~.: N'I ~I -, ... · · ..; '" ... N .,; ...' '" ... ~ - '" ... ... i. N · '" ::! ... . .. , ",' -, <II UJ <II Z W A- X W ...J -c ~ o ~ ::! .... c:'¡ .. ... IC' W', 011' .'1 ~:: "'. m:i Õ!! _'~ 8:i Present: Absent: MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - DECEMBER 8,1997 - 6:15 P.M. Tommy Brown Lyle E. Welch Mack Garvin Frank Metts, Jr. Jo Ann Johnson Byron Sibbet Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Lisa Daugherty Rex McEntire Greg Dickens Barry LeBaron Larry Koonce Jim Browne Terry Kinzie Melani Fragge Marty Wieder Mayor Councilman Councilman Councilman Councilwoman Mayor Pro T em Councilwoman City Manager Deputy City Manager Assistant City Secretary Attorney Public Works Director Planning/Inspection Director Finance Director Parks and Recreation Director Information Services Director Human Resources Director Economic Development Director Patricia Hutson City Secretary ITEM DISCUSSION ASSIGNMENT Mayor Brown called the meeting to order at 6:15 p.m. APPROVAL OF Staff explained the agreement with TXDOT in Jim Browne SUPPLEMENTAL regards to the grants for the trail projects. AGREEMENTS Staff advised the projects would be managed WITH TXDOT FOR by the city instead of TXDOT, which would be FOUR ISTEA about a 17% savings. Staff advised by TRAIL PROJECTS managing the projects the city would use normal city bidding procedures allowing the projects to move more quickly, efficiently and save more money. Staff gave an update on all of the ISTEA trail projects. Pre-Council Minutes December 8,1997 Page 2 ITEM DISCUSSION ASSIGNMENT APPROVAL OF Staff advised that the equestrian trails are still SUPPLEMENTAL a part of the Little Bear Creek project and that AGREEMENTS the hike and bike trails would be for various WITH TXDOT FOR users, including the in-line skaters. There FOUR ISTEA were no other questions from the Council. TRAIL PROJECTS (CONTINUED) APPROVAL OF Staff advised Council that the Interlocal Jim Browne INTERLOCAL Agreement with Southlake and Colleyville AGREEMENT would be an opportunity to save money. By the WITH CITIES OF three cities working together it would ensure all SOUTH LAKE AND trail alignments are connected properly. Hiring COLLEYVILLE a single consultant and contractor would be FOR THE ISTEA cost efficient. TxDOT has approved the ideas COTTONBEL T and each of the three cities will be responsible TRAIL PROJECT for the trail in their city limits. The agreements will allow partiipation in design fees and constructions costs. Colleyville and South lake have already approved the agreement. Pending Council's approval the Interlocal Agreement will be forwarded to TxDOT for their approval. Councilwoman Johnson was concerned about security on the trails. Staff advised that the Park and Police departments have had considerable discussion about security in reference to the trail system master plan and will continue to work together to address these needs in the future. Pre-Council Minutes December 8, 1997 Page 3 ITEM DISCUSSION ASSIGNMENT APPROVE City Manager Cunningham explained that the Melani Fragge and AWARDING OF claims administrator had advised the Human Randy Shiflet HEALTH CLAIMS Resources Director that the contract with the ADMINISTRATION City would be terminated as of December 31, CONTRACT TO 1997. ETC Staff advised that the city immediately began to develop proposals and that the primary objective was to get a proficient claims administrator as well as stay with our existing PPO and prescription provider. Staff informed Council that TML did have the lowest bid, however, they do not work with our PPO or prescription provider. Staff recommends the Council approve ETC. ETC already has a relationship established with current PPO and prescription provider. City Manager Cunningham recommends that the contract be approved for a 21 month period placing it on a fiscal year schedule. Staff advised Council that the bid did show a $50,000 a year savings and that it was felt that the service would be better. There were no further questions by Council. DISCUSS OTHER Agenda Item No. 14 - GN 97-138 - Mayor Greg Dickens and REGULAR Brown advised he felt Council needed to Randy Shiflet AGENDA ITEMS consider this further before placing "No Parking - Loading/Unloading Only" signs all over the city. He stated that he and the City Manager had looked at the situation several times and had only seen one car in the street and it was not in front of her house. Pre-Council Minutes December 8,1997 Page 4 ITEM DISCUSSION ASSIGNMENT DISCUSS OTHER Agenda Item No. 14 - GN 97-138 (Continued) REGULAR After some discussion it was the consensus of AGENDA ITEMS the Council to contact NETS, if they were (CONTINUED) indeed providing the pick up service for the resident, and allow them to double park since they would only be blocking the street for a few minutes. If this did not work for the resident the City would look at other options. Councilman Welch stated as another option, the city could cut the curb and install a handicapped ramp after talking to NETS. Mayor Pro Tem Sibbet asked if the neighbors had been asked to watch out for the parking and he was informed they had and were not working with the resident. There were no further questions by Council. REQUEST FROM City Manager Cunningham advised that he NAN PLANNING & had been approached by the chairman of the ZONING Planning and Zoning Commission in reference COMMISSION to allowing the commission to begin studying REGARDING MID- new landscaping regulations and architectural CITIES OVERLAY design ideas in the Mid-cities overlay zone ZONE area. Mr. Cunningham advised that it was his understanding the Council wanted to place a hold on any work related to the Mid-cities area and not to take any action on the Mid-cities Overlay and Land Use Plan until after the study by Arcadia was completed Councilwoman Lyman advised that she had made the motion to table PZ 97-46 at the November 22 Council meeting, and it was seconded by Mayor Pro T em Sibbet. Pre-Council Minutes December 8, 1997 Page 5 ITEM DISCUSSION ASSIGNMENT REQUEST FROM The consensus of the Council was to continue PLANNING & with their direction to staff on holding off on ZONING any landscaping and architectural design COMMISSION regulations regarding the Mid-cities area until REGARDING MID- the study by Arcadia was finished. CITIES OVERLAY ZONE (CONTINUED) OTHER None. INFORMATIONAL ITEMS ADJOURNMENT Mayor Brown adjourned the meeting to executive session at 6:58 p.m. for consultation with the city attorney as authorized by the Government Code Section §551.052 for deliberations regarding pending litigation, Section §551.072 for consultation with attorney, and Section §551.074 for personnel matters. Tommy Brown - Mayor ATTEST: Lisa Daugherty - Assistant 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 - DECEMBER 8,1997 -7:30 P.M. 1. CALL TO ORDER ~J, ! , Mayor Brown called the meeting to order December 8, 1997 at 7:30 p.m. ROLL CALL Present: Tommy Brown Byron Sibbet Mack Garvin Lyle E. Welch Frank Metts, Jr. JoAnn Johnson Don Phifer Cheryl Cowen Lyman Staff: Larry Cunningham Randy Shiflet Lisa Daugherty Rex McEntire Greg Dickens Absent: Patricia Hutson Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Assistant City Secretary Attorney City Engineer City Secretary 2. INVOCATION Mayor Pro Tem Sibbet gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS Mayor Brown presented Lisa Daugherty, Assistant City Secretary, with a proclamation in recognition of "North Richland Hills Day of Giving", December 16, 1997. City Council Minutes December 8,1997 Page 2 (..., 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (7,8, 12, 13, 15, 16, 17, 18, 19, & 20) APPROVED *7. MINUTES OF THE PRE-COUNCIL MEETING NOVEMBER 24, 1997 APPROVED *8. MINUTES OF THE REGULAR MEETING NOVEMBER 24, 1997 APPROVED 9. PZ 97-43 - PUBLIC HEARING TO CONSIDER AMENDING THE ZONING REGULATIONS TO REGULATE THE PLACEMENT OF AUTO SHADE COVERS FOR AUTOMOBILE DEALERSHIPS - ORDINANCE NO. 2247 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against the consideration to come forward. Mr. LeBaron, Director of Planning, appeared before the Council. Mr. LeBaron presented to Council information to support the ordinance. Mr. LeBaron addressed all of the Council's questions regarding the appearance of the auto shade covers. The recommendation of the Planning and Zoning Commission was to deny the ordinance, due to the auto shade covers unattractiveness. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. City Council Minutes December 8, 1997 Page 3 Councilman Garvin moved, seconded by Mayor Pro Tem Sibbet, to approve Ordinance No. 2247 with the addition to page 2, #2, paragraph "I" to read "All shade covers shall be maintained in like new condition, not faded or torn. Unsightly shade covers shall be removed". Motion carried 7-0. 10. PZ 97-44 - PUBLIC HEARING TO CONSIDER THE REQUEST OF JOE DORRIS FOR A SPECIAL USE PERMIT FOR AN HV AC CONTRACTORS OFFICE WITH SHOP AND GARAGE ON A PORTION OF LOT 1 R, BLOCK 33, COLLEGE HILLS ADDITION. (LOCA TED AT 5949 ROSS ROAD) - ORDINANCE NO. 2254 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against the request to come forward. Mr. Joe Dorris, applicant, appeared before the Council and spoke in favor of his req uest. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Councilman Garvin moved, seconded by Councilman Metts, to approve PZ 97-44. Motion carried 7-0. 11. PZ 97-45 - PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM BROWN FOR A SPECIAL USE PERMIT FOR AN HV AC CONTRACTORS OFFICE WITH A SHOP AND GARAGE ON LOT 14, BLOCK 3, J.L. AUTREY ADDITION. (LOCATED AT 4019 RUFE SNOW DRIVE) - ORDINANCE NO. 2255 APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for or against the consideration to come forward. City Council Minutes December 8, 1997 Page 4 Mr. Robert Stuckey, Stuckey Architects, appeared before the Council and was available to answer any questions. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. Councilman Metts moved, seconded by Mayor Pro Tem Sibbet, to approve PZ 97-45. Motion carried 7-0. *12. GN 97-136 - APPROVAL OF SUPPLEMENTAL AGREEMENTS WITH TXDOT FOR FOUR ISTEA TRAIL PROJECTS APPROVED *13. GN 97-137 - APPROVAL OF INTERLOCAL AGREEMENT WITH CITIES OF SOUTHLAKE AND COLLEYVILLE FOR THE ISTEA COTTONBEL T TRAIL PROJECT APPROVED 14. GN 97-138 - APPROVE "NO PARKING -LOADING/UNLOADING ONL Y" ZONE AT 5023 MARY ANNA WAY - ORDINANCE NO. 2259 DENIED Councilwoman Johnson moved, seconded by Mayor Pro Tem Sibbet, to deny GN 97- 138. Motion carried 6-1; Mayor Pro Tem Sibbet, Councilwomen Johnson and Lyman, and Councilmen Metts, Phifer and Welch voting for denial and Councilman Garvin voting against. *15. PU 97-106 - AUTHORIZATION TO PARTICIPATE IN THE TARRANT COUNTY COOPERATIVE PURCHASING PROGRAM FOR THE PURCHASE OF OFFICE SUPPLIES APPROVED City Council Minutes December 8, 1997 Page 5 *16. PU 97-107 - AWARD BID FOR FIRE DEPARTMENT DUTY UNIFORMS TO R & R UNIFORMS IN THE AMOUNT OF $6,194 APPROVED *17. PU 97-108 - AWARD BID FOR ANNUAL UNIFORM CLEANING CONTRACT TO $1.29 CLEANERS, D.B.A. VALUE CLEANERS APPROVED *18. PU 97-109 - AUTHORIZATION TO EXTEND ANNUAL CONTRACT FOR PERSONAL COMPUTERS TO OMTEX SYSTEMS, INC. APPROVED *19. PU 97-110 - AUTHORIZE PURCHASE OF DEFIBRILLATOR/MONITOR FROM PHYSIO CONTROL IN THE AMOUNT OF $7,595 APPROVED *20. PU 97-111 - APPROVE AWARDING OF HEALTH CLAIMS ADMINISTRATION CONTRACT TO ETC APPROVED 21. CITIZENS PRESENTATION Mayor Brown received a request to speak from Dan Robertson, Field Service Representative with TML's Group Benefits Risk Pool. Mr. Robertson discussed the bid that was submitted by TML for the City's Health Claims Administration Contract, Agenda Item No. 20. Mayor Brown informed Mr. Robertson that ETC's Health Claims Administration Contract had been approved on consent, but encouraged TML to bid again when the contract expired. City Council Minutes December 8, 1997 Page 6 The Mayor asked if there was anyone else that wished to address the Council to please come forward. Mr. Ron Winn, 5212 Colorado Blvd, appeared before the Council. Mr. Winn presented a petition to the Mayor regarding the closure of Colorado Blvd. Mr. Winn informed the Council that the safety of his family and property were in jeopardy due to traffic on Colorado Blvd. Mr. Winn asked the Council to consider closure. Mr. William Simmons, 5201 Colorado Blvd., spoke in favor of closing Colorado Blvd. Mrs. Lisa Winn, 5212 Colorado Blvd., spoke in favor of closing Colorado Blvd. Mister Ian Winn, 5212 Colorado Blvd., spoke in favor of closing Colorado Blvd. Mr. Jeff Paul, 5125 Colorado Blvd., spoke in favor of closing Colorado Blvd. Mayor Brown informed the residents of Colorado Blvd., that he would have a traffic count done, contact the Fire and Police Departments and have the City Manager look into this situation. 22. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Lisa Daugherty - Assistant City Secretary CITY OF NORTH RICHLAND HILLS Planning & Inspections 11/24/97 '-- Department:. Council Meeting Date: Subject: Public Hearing to consider the Request of Karl Stauss Agenda Number: PZ 97-42 to Kezone t:;locl< 11, t>now Heights North Addition from f{-7 Multi-family to C-1 Commercial. (Located in the 6900 Block of Dick Lewis Drive) Ordinance No. 2253 Mr. Stauss of D'Lo Consulting Services is representing Spain Properties, the owner of Block 11, Snow Heights North Addition. Spain Properties is requesting a zoning change in order to develop Medical Offices at this site. This 9.4 acre tract of land is currently vacant. Staff has not received any develópment concept plans from the applicant at this time. The Planning & Zoning Commission considered this rezoning request at its November 13, 1997 meeting and expressed concern about rezoning the entire 9.4 acre tract to C-1, Commercial because the property abuts multi-family apartments on Lewis Court. The Planning & Zoning Commission recommended that the entire tract be rezoned to 0-1, Office. The applicant however, has indicated to staff that he would accept office zoning on the eastern half of the tract with the western half being rezoned to C-1, Commercial, as originally requested. The attached Ordinance No. 2253 has been drafted to reflect the request of the property owner. If approved, as requested by the owner, one half of the tract will be zoned C-1, Commercial and the 'Jther half zoned 0-1, Office. Attached is a map showing the proposed zoning configuration as \·-~ontained in the attached Ordinance No. 2253. This rezoning request is in conformance with the currently adopted Comprehensive Land Use Plan for the City of NRH. RECOMMENDA TION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning· & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operat' g Budget _ )the Acct. Number Sufficient Funds Available "-.....: Fin..... D.eClot Page 1 of ...._f ~¡,.j, .I.:J.J ¡ ~.....J..J.W :J (_""'tU-:...JU':.,'_ ~....~~.'c:..¡ ~'-'c. ,-,~r.J. ¡ r-IL Ur",r ï.-'...Jc.. UJ.. VIA FAX: 817-656-7538; (TWO PAGES WITH ATTACHMENT). December 16, 1997 The Mayor and City Council city of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 RE: REZOIfIII'G RBQ'OEST (CASE RtJMBER PZ 97-42); 6801 DICK LEWIS DRIVE; BLOC:IC ~~, SJlOIf HEIGHTS IIORTH ADDITIOIf. Ladies and Gentlemen: Please accept this correspondence as our official request to have the above referenced property rezoned from R-7-HF to approximately 50% 0-1 and approximately C-1, divided as depicted on the illustrative concept plan (copy attached) submitted to the City Planning Department. Thank you for y ur consideration of this matter. Sincerely, cc: Barry LeBaron, AICP .l......1 J..QI J.. JJ' l.:J:l.u :1i_-h)"::H.J~_ ~At-' 1 I;':'L l.:¡r-,r- U"LJt.f 'l..-t. z .~ ~ ~D II""o-¡ o r ~ ~ "-. '1 1~ .... > ët: c ... ~ 5 ~ o o ~ ::: B em em ~ c-1 l8, \J :MI~O Vii",,!)1 c ,\\) V\ ~ ~ ~ 1 - 1- {) t-3 'Q ~ Q on - c C> ~ on ... C> PAl,3E 82 z o .... o o <í ::I: .... e:: OtJ' Z~ ... en,.. I-tri I:J CJ:i: - c UJz :r::5 ~ ~~ O~ Za: o c.nz ffi 2 ~ ...J c.. r- Oo. UJ (.) Z o (.) w > t- < c: t- (J) ::> -oJ ...J u ;¡; II> Ö f2~ ..... =5'" g~ ~~ -<~ </12 ~8 -0 ";¡z" 00 .... o ... . '3 I/) ~gg -:a!", ~~,.. C¡;", !Šª o..Bo· ~"':z ::;:~ "''''- ~ S '" « ... f II: ~. ry1.. LJ':'d~ ~M f9~~feá~reqtæ:sr~~~c1if1ê(rHí~átfrmri'8gè-ptæFfrãs been prepared for Lot 1 but not for Lot 2 since no plans currently exist for . ot. They have agreed to most of the engineer's comments. The radius of drive ,"'" approach on Precinct Line Road is not indicated on the plat becau.se1ne believes that Dairy Queen should address that issue with their bUilding~i3ns. He explained that the drainage of Lot 2 remains undetermine,çi¿:!t this time but they do have a Letter of Commitment from adjoining lot ow9¢s. 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. .? A ,./,' Responding to a question, Mr. Long expl~irr~d that they are only platting Lot 2 at this time in order to guarantee Dairy Quéen looped access to Martin Drive. There is a 4 way reciprocal agreem~ntfor alternate access from Precinct Line .../ Road. /' .¡ / // ,. Mr. Long stated that no Leµe'{ of Agreement from adjacent property owners has been obtained. They havé' permission for an underground system from the , ý south property owner,~~but no permission for surface water. Mr. Long is not sure when this can be op1áined and a note can be placed on the plat indicating that no development¡;9'!Í Lot 2 will commence until this issue is resolved. /:' "i Mr. Wood ~de the motion to approve PS 97-52 subject to engineer's comment9;frequiring the street lights, and requiring a note placed on the plat that no devE¡tóþment will take place until such time that the drainage and utility issues are a. ;roved by public works regarding access and easements in place down to M lIí Drive to the south. I , . r. Ferguson seconded the motion and it carried 5 - O. Messrs. Davis, Bowen, Jiif.tg &F.ergtJs~voted:in:favør--ðf-fHfšfríõt~Mf:-'8atffërcfábšfãmetf~ 9. PZ 97-42 PUBLIC HEARING TO CONSIDER THE REQUEST OF KARL STAUSS TO REZONE BLOCK 11, SNOW HEIGHTS NORTH ADDITION FROM R-7 MUL TI- FAMILY TO C-1 COMMERCIAL. (LOCATED IN THE 6900 BLOCK OF DICK LEWIS DRIVE) ORDINANCE NO. 2253 APPROVED Chairman Barfield asked Mr. LeBaron to explain the rezoning request. Mr. LeBaron stated that this was 9.4 acres of land currently zoned for multi-family dwellings and the applicant had requested the property be rezoned to C-1 Commercial. He stated the property was undeveloped at this time. Chairman Page 6 Barfield opened the public hearing and asked those speaking in favor of the request to come forward. Mr. Karl Stauss came forward and stated he represented Spain Properties the owners of the site. Mr. Stauss stated he had visited with city staff about zoning options and felt that the Office District did not provide sufficient flexibility to meet their medical retail sales needs. The applicant proposed to develop the property into six lots with retail uses on the west side and office uses on the east side. They felt that they needed the broader range of uses allowed in the C-1 Commercial District. Mr. Barfield stated that due to the length of the meeting the Commission would take a five minute break. After the break, Mr. Barfield asked if there were others wanting to speak on this rezoning request. Mr. Harold Karner who lives on Meadow Oak spoke in favor of the proposed rezoning request because he felt it would be so much better than apartments at this location. He felt that the traffic generated by an apartment project would clash with all the high school traffic. Mr. Karner stated he had seen a development plan of the property and was happy with what was being proposed. Mr. Bowen told Mr. Karner that while he may have seen a development concept plan prepared by the developer no plan was being presented with the rezoning request and the approval of his rezoning request is not tied to any particular site plan and wanted Mr. Karner to understand that. Mr. Barfield asked if there was anyone interested in speaking against this rezoning request. There being none, the public hearing was closed and Mr. Barfield asked for discussion and a vote. Mr. Wood stated that the applicant's request for medical office could all be done under the 0-1 Office District classification. Mr. Wood stated that even a lot of retail uses are allowed in the 0- 1 District. Mr. Wood stated that there were a lot of uses allowed in the C-1 Commercial District that he didn't feel would be appropriate at this location because of the adjacent residential uses. Mr. Wood stated he would prefer changing the rezoning request to an 0-1 Office District request which is a more restrictive zoning than the C-1 Commercial and changing the request to a more restrictive zoning classification would not require additional notification. He stated that the Commission could consider changing the applicant's request if it was a more restrictive request. Mr. Barfield asked the applicant to return to the podium and respond to the 0-1 consideration. Mr. Stauss stated he would have to defer his response to allow him a little more detailed discussion with the Commission. He felt that he needed the C-1 District to meet the full list of contemplated uses proposed in his development. Mr. Stauss stated would be agreeable to a concept which might delete certain uses from the zone which are deemed a problem. Mr. Wood stated that we could not "cherry pick" the uses from each district. Mr. Wood stated the if a district is approved, you got all allowed uses in that particular zone. Mr. Stauss stated he would be willing to control the allowed uses with deed restrictions. Mr. Barfield stated that the city has allowed Special Use Permits for certain uses. Mr. Davis stated he had a Page 7 problem rezoning the tract to C-1 Commercial. He stated that the property could be rezoned to a Planned Development if the developer had a concept and wanted a mixed use development. Mr. Barfield stated he felt the C-1 District was just too broad for this location. Mr. Davis asked the applicant if they would consider changing the request to 0-1 Office. Mr. Stauss stated he would like a slight recess to discuss this option with his client. Mr. Barfield stated they would recess this item and come back to it at the end of the meeting. Mr. Barfield closed the public hearing and stated they would continue with the rest of the agenda items and come back for action on this item at the end of the meeting. After the Commission had completed action on all other agenda items, the Commission continued with discussion on PZ 97-42. Mr. Davis asked Mr. Stauss if he would consider 0-1 zoning for his property. Mr. Stauss responded by stating he was concerned about obtaining special use permits in the Office District for some of the uses he proposes because the zoning regulations don't allow special use permits for items such as computer sales. Mr. Wood stated that special use permits are only allowed in those districts where the ordinance indicates the use as permitted. Mr. Wood stated that the property in question is not an appropriate retail location. Mr. Davis said that possibly the corner near the car wash might be appropriate for retail use. Mr. Barfield stated that there was nothing that would prevent the applicant from coming back later on and asking for a particular special use permit. Mr. Stauss stated that he would agree to amend his rezoning request to the 0-1 District and might come back later on with a commercial rezoning on a particular site. Mr. Davis encouraged the applicant to not come back with a hodge-podge arrangement for future rezoning. Mr. Davis proposed a motion to approve PZ 97-42 at the request of the applicant that the rezoning be amended to 0-1 Office. Motion was seconded by Mr. Wood and the motion carried 6-0. Messrs. Barfield, Davis, Bowen, Wood, Nehring & Ferguson voted in favor of this motion. - 10. . .,....9t'....-...w If'' _ c.lAP"7"-_--;;T~.....~-- ff' 3· . ~ PUBLIC HEARING TO CONSIDER AMENDING THE ~NtNG~EGULA TIONS TO REGULATE THE PLACEMENT OF AVT0cSHADE COVERS FOR AUTOMOBILE DEALE~S.t:lIPS-;'J·ORDINANCE NO. 2247 "''' "'....,' - DENIED ......1.,,1" .. ,~ r(: ,~..- Mr. LeBaro~e.~plainèd that several months ago the city manager's office had " .~, requ~*ed"that staff develop an ordinance to help regulate Auto Shade Covers. J)ïris~éame after on~ <2!.!h~.)9~1 d~C!le!~t:!!p~, appli~~ for a permit for these shade ;~rs"and"'waŠ-deníed because they crossed thèfronfJ:jÜiJding'line:~-'''''''7''!:~ Page 8 ORDINANCE 2253 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries from R-7- MF Multi-family Residential to C-1 Commercial District on Block 11, Snow Heights North Addition; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council to rezone the entire 9.7 acre tract from R-7-MF Multi-family Residential to 0-1 Office District; and WHEREAS, the applicant has requested the City Council to consider rezoning one-half of the 9.7 acre tract to C-1 Commercial District and the other one-half to 0-1 Office District; and WHEREAS, after notice has been published in the official newspaper of the City of North Richland Hills, Texas, advertising the required public hearing by the City Council to consider amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 97-42, the following described property shall be rezoned from R-7 Multi-family Residential to C-1 Commercial District; Tract 1: Being a tract of land out of Block 11, Snow Heights North Addition, to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388-143, Page 78, and more particularly described as follows: Beginning at the southwest corner of Block 11, Snow Heights North Addition; , Thence north 621.97 feet to the northwest corner of said Block 11; Thence east approximately 220 feet, more or less, along the south right-of-way line of Meadow Crest Drive to a point; Thence south approximately 311 feet, more or less, to a point; Thence east approximately 220 feet, more or less, to a point; Thence south approximately 310 feet, more or less, to a point; on the north right-of-way line of Dick Lewis Drive; Ordinance No, 2253 Page 1 Thence west approximately 440 feet, more or less, to the southwest corner of Block 11, Snow Heights North Addition, also being the place of beginning and containing approximately 4.7 acres of land. 2. THAT, in Case Number PZ 97-42, the following described property shall be rezoned from R-7 Multi-family Residential to 0-1 Office District. Tract 2: Beginning at a point on the north right-of-way line of Dick Lewis Drive, said point also being approximately 400 feet, more or less, east of the southwest corner of Block 11, Snow Heights North Addition; Thence north approximately 310 feet, more or less, to a point; Thence west approximately 220 feet, more or less, to a point; Thence north approximately 311 feet, more or less, to a point on the south right-of-way line on Meadow Crest Drive; Thence east along the south right-of-way line of Meadow Crest Drive approximately 439 feet, more or less to a point; Thence south approximately 620 feet, more or less, to the north right-of-way line of Dick Lewis Drive; Thence west approximately 220 feet, more or less, to the place of beginning and containing approximately 4.7 acres of land. 3. THAT. the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property as described herein. 4. THAT, the North Richland Hills Master Plan be amended to incorporate this proposed change in future land use. 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 this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or Ordinance No. 2253 Page 2 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. Recommended by the Planning and Zoning Commission on the 13th day of November, 1997 to rezone the entire 9.7 acre tract from R-7-MF Multi-family to 0-1 Office District. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission Passed and approved the by City Council on the 22"d day of December, 1997 to rezone property as described in Sections 1 and 2 of this Ordinance. ATTEST: Mayor City of North Richland Hills, Texas City Secretary , City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2253 Page 3 --,,-------- ~ I 1\ I ""y~ 3 a: ~ ø ~ 6600 1° 4R1 LAC( ., 3: ~ ~A~('{ I~ ~ en SUR SO 6 2 W 4R2 0 A-i lJ.. ::J SR a: . NORíH 1 5 E:1GHíS I g \() ~ ~ 6700 ......, '01 I 7 2R : 2R-1R 6 .95 AC 1 en H '97 3: 5 W lA ~-:¡AC ..J 3R1 4 ,29AC ,97 3 4R 2R-2R c 5 2 C '<0 .J ~ c c .. c 6400 \() <:> \() ,'" 5700 \() 6800 LEWIS OR :; 4 1R 13 3R .C# 6 14 5 1 . for the use of ~S~h ~ ~hO respo~sibility ~ e use lntended. p 7 IIZ FEET METERS s Ni~H Cí¡y of North R:~,~iar:d Hdis APPLlCA TION FOR A 7J.J 1 NE Loop 32J ZONING DISTRICT CHANGE No,,;' Richland rii'!s, T:xas (?Ieasa ,:1ftMt :r :y:)~ all ,·~SPOr.5dS} 317-531-5500 PART 1. APPLICANT INFORMATION TIe of applicant! agent: i- AGF'N'T" ¡(;~ r 1 B. Stauss Dresident - D'Lo Consultina Services, Inc. Street address of applicant / agent: 3425 Rock Martin Drive City! State! Zip Code of applicant! age,1!: Telephone number of applicant! agent. Farmers Branch, Texas 75234 (972) 934-1088 PART 2. PROPERTY INFORMATION Str:!et address at location where zoning district change is being requested: 6801 Dick Lewis Drive Legal Description of Property where zoning district change is being requested' all of Block 11, Snow Heights North Addition Current zoning classification: Proposed zoning classiticatlon, Proposed use of the property R-7-MF C-1 Commercial Garden and Medical Offices Reason for zoning distnct change: _TIL~O V i d e for more compa t ,U:Ll e 1 and use W-.t_he_Ile_igJ1bo_r.bQº-º---ª n d ---.t Q-2I-ºYLq e fora more economicallY viable proj, ec t for tJ:!~ ,_q~n_~_~ ,_,Ç9mmun it y , and City__ Surveyor map attached as required by applica/ion: Affidavit attached from property owner If app/¡cant is not owner: -- - - --- -''( Yes ' No 1 Yes No - -- PART 3. PROPERTY OWNER INFORMATION of property owner: Spain Properties, Inc. Street address of property owner: 383 E. Las Colinas Blvd., Suite 4013 City! State! ZiP Code of property owner. Telephone number of property owner: Irving, Texas 75039 (972) 402-8905 /Vote Attach letter or affidavit from property owner if different from app/¡cant! agent. I he~by c:ertlfy that I am. or represent. the lega/ owner of the property descnbed above and do hereby submit this request for approval of a Date 3 October- 1997 zomng dislric:t c:hange to the Planmng and Zomng Commission for c:onslderation, - - -------- Pnnt Name, Ñdß ~~ 15~LlG_~t a u ~__. h_ Signatu~ .. _ . _._..O¡'~~"'" _ . .._-_.~ ___·~_n ..._ _ __~_ PART 4. FOR OFFICE USE ONLY <-....--- Date of Plannmg & Zoning Commission Pub/¡c: Heanng' Ta.ces Paid? Case Number' Yes No Date of City Counc:¡/ Public: Heanng.' Fee Yes No Zoning District Change Approved $300.00 . --. Yes . No Yes No h. _.. --- Con'" ''1S of Approval: This application will r.ot be scheduled for public: heanng .---.--- -.---- -.-------.----------- --_. .. ------- -_...-. '.- .- until applic:ation fee Is received, Zoning District Change CD ·407 (21'97) CITY OF NORTH RICHLAND HILLS Planning & Inspections .'1-- Department: Council Meeting Date: 12/22/97 Subject: Public Hearing to Consider Amending the Zoning Regulations Agenda Number: PZ 97-48 r 0 Establish Adult Entertainment Regulations Ordinance No. 2257 The City Attorney has advised the City Council that the City needs to adopt regulations to control the location and operation of adult entertainment establishments. According to Texas laws, without any regulations these establishments can locate virtually anywhere in a community where other commercial businesses are permitted. However, cities are authorized by state statutes to establish regulations to control the operation and location of adult entertainment businesses through zoning. Rex McEntire, NRH City Attorney, has recommended the adoption of two ordinances to regulate adult entertainment businesses. One of the ordinances amends the zoning regulations, while the other ordinance is a separate ordinance with the specific rules for operation and licensing. The zoning ordinance amendment establishes a definition for an adult entertainment establishment and amends the Table of Permitted Uses to allow an adult entertainment establishment by right within the 1-2, Medium Industrial district. The Planning & Zoning Commission considered this item at its December 11, 1997 meeting and recommended approval as presented. RECOMMENDATION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Ope rat' Budget_ Jther. \- Acct. Num.ber Sufficient Funds Available me t Head Signature ~ 3 ~ CITY COUNCIL ACTION M Page 1 of Finance Ow. ClOt PZ 97-48 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING REGULATIONS TO ESTABLISH ADULT ENTERTAINMENT REGULATIONS. ORDINANCE NO. 2257 APPROVED Mr. LeBaron explained that Rex McEntire, City Attorney advised the City Council recently that the City needed to adopt regulations to control the location and control the location and operation of adult entertainment establishments. Mr. LeBaron explained that according to state laws, without these types of guidelines, legally this type establishment could locate anywhere in the community. This amendment establishes a definition for an adult entertainment facility and amends the Table of Permitted uses to allow an adult entertainment establishment by right within the 1-2 Medium Industrial district. On top of that more stringent guidelines have been placed such as not allowing them within 1,000 feet of: daycare, schools, churches, etc. Chairman Barfield opened the public hearing and asked for any proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Wood questioned the need for the need for a decrease in the distance of this type establishment and a church, school, etc. if a highway is between them. He believes the ordinance as written is extremely prohibitive and agrees with everything except this reduction to 500' in distance when highways are involved. The Commission concurred on this and would like to see this reduction in distance increased to 1,000 regardless of a highway barrier. Mr. Bowen made the motion to approve PZ 97-48. Mr. Wood seconded the motion and it carried 7 - O. Messrs Barfield, Bowen, Wood, Miller, Davis, Nehring & Ferguson voted in favor of this motion. - PZ~-51- ~_11_.==-:::, -- PUBLIC HEARING TO CONSIDER THE R£;QUEST'OF JIM WALKER TO REZONE LOTS 1 & 2, BLOC~,..:fHOMPSON PARK ESTATES ADDITION ---- . FROM R-1,.,SJNGt:E1=AMIL Y RESIDENTIAL TO C-1 COMMERCIAL. _......'. ~94~3~~ P~EClfN¡~~~~;~~D2~-ð0RDINANCE NO. 2261 Page 7 ORDINANCE NO. 2257 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH REGULAL TIONS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874, as amended, by establishing regulations for adult entertainment establishments as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Section 1100, Definitions, of Ordinance Number 1874, as amended, is hereby amended to insert the following: Adult Entertainment Establishment - a. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center; and / or b. Any establishment whose principal business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear in a state of nudity. c. The term "adult entertainment" shall not be construed to include: 1. Any business operated by or employing licensed psychologists, licensed physical therapists, registered nurses, licensed athletic trainers; 2. Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; Ordinance 2257 Page 1 3. Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and does not exhibit merchandise on live models; or 4. Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school or public or private college or University. 2. THAT, Section 310, Table of Permitted Uses of Ordinance Number 1874, as amended, is hereby amended to insert Adult Entertainment Establishment as a permitted use by right in the 1-2 Medium Industrial District. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. Ordinance 2257 Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS _ TH DAY OF ,1997. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS th DAY OF ,1997. Mayor, City of North Rich/and Hills, Texas ATTEST: City Secretary City of North Rich/and Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance 2257 Page 3 CITY OF NORTH RICHLAND HILLS Planning & Inspections ',-- Department: Council Meeting Date: 12/22/97 Subject: Public Hearing to Consider the Request of Jim Walker Agenda Number: PZ 97-51 10 Kezone Lots 1 & 2, Block 2, Thompson Park Estates from R-1 Single Family Residential to C-1 Commercial. (Located at 6305 Precinct Line Road) Ordinance No. 2261 This property is located at the southwest corner of Mid-Cities Boulevard and Precinct Line Road. This property is also directly adjacent to the new BISD High School being constructed on Mid-Cities Boulevard. The property to the north is zoned as R1, Single Family Residential. The property to the south is zoned as C1, Commercial. Property to the west is zoned U, Institutional. This rezoning request is in conformance with the adopted Comprehensive Land Use Plan for the City of North Richland Hills. Notices have been sent to all property owners within 200' of this request. To date, staff has not received any adverse comments regarding this rezoning request. The Planning & Zoning Commission considered this item at its December 11, 1997 meeting and "ecommended approval. '-- RECOMMENDATION: It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ )the Acct. Number Sufficient Funds Available Finance Dw.Clo, rtment Head Signature CITY COUNCIL ACTION Page 1 of 9. PZ 97-51 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM WALKER TO REZONE LOTS 1 & 2, BLOCK 2, THOMPSON PARK ESTATES ADDITION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 COMMERCIAL. (LOCATED AT 6305 PRECINCT LINE ROAD) ORDINANCE NO. 2261 APPROVED Mr. LeBaron explained that the next two-(2) items go hand in hand and one Public Hearing could be done jointly as long as two different motions are made. Chairman Barfield opened the pubic hearing and asked the applicant to come forward. Mr. Wood stated that due to a possible conflict of interest, he would be abstaining from the discussion and voting of this item. Mr. Jim Walker, applicant presented this request for Conoco. Mr. Walker stated this is the future home of an upscale convenience store and Conoco gas station. There will be no adult magazines sold at this facility and there will be limited cigarette displays. The structure will be 100% masonry with onsite storm drains. Thirty percent of the property will be dedicated to landscaping. Chairman Barfield questioned the placing of the curb cuts and drive approaches. Mr. Walker stated that he had no problem with a shared access on the southern portion of this property, however, the first curbcut on Precinct Line Road is necessary because of the tanker trucks. He is not opposed to making this most northern drive an "entrance only" but stated that this most northern drive is imperative for the tanker trucks. Mr. Ferguson stated that their only concern with "entrance only" drives is that there are a lot of people of who can't read. Mr. Davis stated that he hopes the applicant will reconsider this drive approach issue. He stated that this requirement has been asked of other applicants, i.e., Texaco at Davis & Mid-Cities, Race Trac on Rufe Snow, etc., stating that this issue is a killing point as far as he is concerned. Mr. Davis stated that in his opinion Conoco needs to eliminate the northern most drive and have only one drive, a larger, shared drive on the southern most portion of the property. Mr. Carroll, Director of Development for Conoco stated that he is adamantly opposed to Mr. Davis' proposal and that it actually could create an extremely dangerous condition, with a potential of an explosion where the tanker trucks are Page 8 regarded. He stated that one curb cut needs to be facing the gas islands. He believes Mr. Davis' proposal is economically unviable. Mr. Davis stated that he appreciated Mr. Carroll's dramatics but stated that it works for Racetrac and Texaco, which is on the same major east/west thoroughfare. Chairman Barfield stated that since the meeting had been in session for some time, a short recess would be taken. After the recess discussion ensued regarding the drive cuts. Mr. Walker explained that the reason the northern most drive was placed there was that the Feasibility Study that was performed on this location stated that the majority of the customers will be utilizing Precinct Line Road. He explained that this is the reason it fronts Precinct Line Road, making it difficult for these people to make this kind of maneuver. Much discussion ensued regarding this issue. Mr. Davis stated that in reality this is a zoning case, and they are discussion platting issues. It has been determined that Conoco is purchasing 25 additional feet along the southern most property line, so a replat is imminent. Mr. Davis suggested that the northern most drive be deleted and one (1) curb cut be utilized, with an increased width of 35' and centered along the east property line, approximately 91' feet north of the south property line. Ms. Mia Brown, Conoco Engineer, stated that this could be accomplished but asked if the Commission would allow them to center the drive off the building and pump dispensers. Mr. Davis stated that if they do any thing, cheat it to the south and not the north, stating they are trying to get it as far away from the intersection of Precinct Line and Mid-Cities as possible. He stated that his motion would require it be centered along the eastern property line, as previously discussed though. Responding to a question, Ms. Brown explained that this same facility is 45% complete in Keller, a similar one is also under construction in Piano. She explained that this will be a masonry exterior with Terra Cotta colored split face block brick with a green accent line around the bottom of the building and Green canopies. Additionally she doesn't have a problem amending their landscape plan to include a 3 - 4' landscape berm with Live Oaks or Crepe Myrtle's. Additionally she explained that the rear of the facility would be well lit, but primarily used for deliveries. After discussion, Ms. Brown stated that a decorative sidewalk could be extended and doors added to the rear for students Page 9 coming over from the school. She asked if this could be looked at and reconsidered at the platting process. Chairman Barfield called for additional proponents. Being none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Bowen made the motion to approve PZ 97-51. Mr. Nehring seconded the motion and it carried 7 - O. Messrs Barfield, Bowen,Wood, Miller, Davis, Nehring & Ferguson voted in favor of this motion. --- -......J'.....~.J\o'II":'::I~ ..-r>~.~..:r.;;a-........I""Jff'P'~ ~--~~.mll.:I.C:.......~.'~.=*'t~~- PZ97-54 ~ PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM WALKER ' A SPECIAL USE PERMIT FOR A CONVENIENCE STORE ON LOT & 2, BLOCK 2, THOMPSON PARK ESTATES ADDITION. 07DINA. . ___ LV NO. 2262 APPROVED ,.",.,...- Chairman Barfield opened the public hearing and calle.d1fó( any opponents. Being none, he called for any opponents. Being n9p{the public hearing was closed. ~?/ y ,// Mr. Davis made the motion to approve P}.-1)7 -54 with the following amendment to the site plan: Only one (1) 35' wid?eûrb cut be allowed on Precinct Line Road that will be centered along the 18~ength of that property, that additional landscaping along the west prop¢rty line be required of an average of 2 - 3 berm with either 6' crepe myrtle's qp:6' live oaks being added at a minimum of 25' intervals along the west p~èrty line and that to also reinforce that the masonry I screening wall is not reqUired per action taken by the commission when the school property was ?:¢ned. Mr. Bowen seco/,f¿ the motion and it carried 6 - O. Messrs Davis, Nehring, Ferguson, BaØíéld, Bowen & Miller voted in favor of this motion. Mr. Wood abstained¿6" I' 11. ,/ PZ 97-53 , ~ REZONE TRACT 2, BRENTWOOD ESTATES ADDITION FROM AG AGRICULTURAL TO C-2 COMMERCIAL. (LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD) ORDINANCE NO. 2263 ....-..:'Ø:Int., '. . ......-iABM:9--....s,~.--A ~ À,VA.....'~;~-4 Page 10 /~ 0d "I Tñ4A2 23, 9 A'-: (Yb J - C ;·h~.s T3l vel. -_..- - _._- (R IJ _./ I~' .3 ,( ,!,;) ;t.. -Pi!: j1·51 t rl ji-. 5f --------~.._------,-_.-. -,- ._-. --.. '~ I \." :3 ~ i \¡¡ I I 2 l, ¡ ---,-- ,-- ,----- ~, " j \j '....... '.. T ", ...." ......... :: ------- -'-- / ---/ / ~: . .... c / . r~¡:; / ¢. -- _..... I ' / I ~I / I ¡ / -. -.fj",,, -- .. .' ., ..-.. .. rl :::::3 -.. --'-..- ~I I : \'1 ~1 ~~I ~'.. o ".:j ,C - ~ Q) -.... . I. 5:" ~: .a.. . J .. ,p... ~8.~~::i2-,-,."..lf· ' -- , . .. '1 -' .. , I .: .. c " ! : .::53 :,::. ~ ~ Il' n--' -, ,.,,' ...- ._~_.._._ u__ _ . I ç-'" 11'1 .... .~_, I :'._. _. hc'_: ,'I ¡, : ! '\) . 1 -, I ,? 1 ~ I ~ 'S) ðJ~ ~ '::..v H - ,""' ----I ,,' .. - '- - . 1 - -_.- . - - --- --- 'j7 ~ . --".- - :' t.... .'; ,1 , ,\c ,. r1 :; I... ,/ / ORDINANCE 2261 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 97-51, the following described property shall be rezoned from R1, Single Family to C1, Commercial. BEING Lots 1 & 2, Block 2, Thompson Park Estates (Located 6305 Precinct Line Road). 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No, 2261 Page 1 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF December 1997. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22nd DAY OF December 1997. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2261 Page 2 NRH cay of HðI2tI JUchIand Hils APPUCA nON FOR A 7301 IE Løap 120 ZONING DISTfUCT CHANGE NotUw ~ Hih. Taus (lll...pWc __....... ............ 8t7-ó81-5SOQ PART 1. APPUCAHT IHFORIIATIOH ~Of -4W ,.- --'¡.,w: JiM w. W fJr LKt=. R... ~~o/~/~ . " £ -¡ 02 L /ÁJ C.4/ A.Js, h ,(¿ €:- Cql staIe¡~Ca:»d..,.r ~/~ ~---""""0I~~"foIV/~ ß~ðFD 2.ti . -n. 11.002-1 ( .f, 7) Z, Î - tP-+7 '1 PART 2. PROPERlY INFORMATION / Shet~æb:8eån '.......,Z-*w6ri::f ~ is bIIiIg ~ ~~øfPropwty""æaivtli:Jti:J~.~~ , ~1.,Lo's 1, 2.. ~,JD ta~ê"/ð-.1,.1 L.¡-~ - -r7JohlP5.A,.J fJÆet. .E.s.. -r A-T£ .s.. o.m.nt~d.a.JiI!: vbm: (".m~~~ ~g~4):~;tJ~L (¿ - l ~7Õ~L ~W~t:Iistrit:1~ s{Jh:d"~ rJsi fUI7I;'/- ('~c)£";I£1o¥ £. s-rs/U. ""Ji.. ¿A~øl,~ . "~oULsí - . .. - - . . ~.. . - . Sc.wytrllNp~ C'Nqr.ftdby ~-eQr JCIJir:IeIIif IItIw::hed 60øt þtVpetfyCMllltf" ~ is nol ~ ~YC' DNo @vu 0 No PART 3. PROPERTY OWNeR INFORMATION ~ØIitINt: J Bld SOU Oí..'i!- ~£.tí..L. f'tC.o P£i2.. rÚ.J. SlN.ltacuast1l~~ c.L. / f~L~,~.J.. ZðS" Õ~od.l(jbt. I r4-S- L,'~~ Oi(yJ ~ajp Qxtj (J/ IqIaty-..: T~...,.oI~o.-= tAtJt'~+ Ii '1/,~ y "11) i1<7K· L.~ 1~ / 6,·,) sll-f~.('" ~ ~ "'crØli:lnltmal/flOPtltfy -'diII'wMr """". _ F....It,~ I ....,,~ IIwt 1811. ,..,..--t... ~OMnIt'o/". ptfIpedy IJ /2/ {i ~ 4-6.4 .....,çGb,.,.",SIènIt,.__ir~aI. D.k mrahr1d16ír:r~*,"~-.øZant9~ÞO..:...ö."'L I . - - '- PMrNanlr. :::f.h\ W. uJL1LJ')~ L ~: . Ck..M/ w~ . - PART 4.. FOR OFFICi:: USE ONlY (J r--- _&~~~He.inrT- T4IIIIQ PaIr! Ic...~ Llves ['JMt .0.. dOílrCÞrmc:lAMc ~ F..: Dyes O"tJ ~1Ä::titÆt~~--4. ' S3OOJJO O~ DAb Dy- OM1 OI~ na.~.,£ .~"IIOt... ~ a.-pilIIØt; r..itIg - . . . . .' . """...".... .e·Cft"';S~ Zoning DIctrict ~ ,_. . " -'\ '. CD .41)7 (2197) " . " CITY OF NORTH RICHLAND HILLS Planning & Inspections Department: Council Meeting Date: 12/22/97 Subject: Public Hearing to Consider the Request of Jim Walker Agenda Number: PZ 97-54 !-or a Special Use Permit for a Convenrence Store on Lots 1 & 2, Block 2, Thompson Park Estates Addition. (Located at 6305 Precinct Line Road) Ordinance No. 2262 This property is located at the southwest corner of Precinct Line Road and Mid-Cities Boulevard. The NRH Zoning Ordinance requires a Special Use Permit for a convenience store within 200' of residentially zoned land. The property directly to the north of this specific site, across Mid-Cities Boulevard, is currently zoned as residential. Consequently, a Special Use Permit is required. The primary Issue associated with the site plan involves the location of curb cuts on Precinct Line Road. A 500' foot minimum separation distance between curb cuts is required. The proposed curb cuts on Precinct Line Road do not meet these regulations. The applicant provided a letter statina they intend to delete the southern most curb cut and retain the northern curb cut. However, after considerable discussion about curb cut locations, the Commission recommended one curb cut centered on the Precinct Line Road property line. This SUP request is in conformance with the adopted Comprehensive Land Use Plan for the City of North Richland Hills. Notices have been sent to all property owners within 200' of this proposed SUP request change. To date, staff has not received any adverse comments. The Planning & Zoning Commission considered this item at its December 11, 1997 meeting and recommended approval as follows: (1) only one 35' wide curb cut be allowed on Precinct Line Road that will be centered along the 182' length of that property line, that additional landscaping along the west property line be required of an average of 2 - 3' berm with either 6' Crepe Myrtle's or 6' Live Oaks being added at a minimum of 25' intervals along the west property line and that no masonry screening wall be required along the west boundary line. RECOMMENDATION: 'It is recommended that the City Council hold the required public hearing and consider the recommendation of the Planning & Zoning Commission. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget ~_, Ot r I (\.~QA £,J Sc~r- p ~artment Head Signature CITY COUNCIL ACTION Finance Directo, Page 1 of Qi.~..~ ,",œífrðffl1"tí'é~~tS~~ifth¡":~db:¡;O~~~CA~~ reconsidered at the platting process. . ...,.,....".,J,~ t""O .. ~~. "~ Chairman Barfield called for additional pr?~plleAts~B~¡ng none, he called for any opponents. Seeing none, thepublictìearing was closed. ~''''f',.;._rtf''t~·-~;,ø~ Mr. Bowen made:.~r".l11otiöi1to approve PZ 97-51. ~o;.' ~rmg"seconded the motion and it carried 7 - O. Messrs Barfield, ./v..Jood:;MlHef,"'Daviš7Nëhríng'"&F ergusõn~võtèd¡r, - fci " ó"- bf'th-¡s·mofìòff.Z 10. PZ 97-54 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM WALKER FOR A SPECIAL USE PERMIT FOR A CONVENIENCE STORE ON LOTS 1 & 2, BLOCK 2, THOMPSON PARK ESTATES ADDITION. ORDINANCE NO. 2262 APPROVED Chairman Barfield opened the public hearing and called for any opponents. Being none, he called for any opponents. Being none the public hearing was closed. Mr. Davis made the motion to approve PZ 97-54 with the following amendment to the site plan: Only one (1) 35' wide curb cut be allowed on Precinct Line Road that will be centered along the 182' length of that property, that additional landscaping along the west property line be required of an average of 2 - 3 berm with either 6' crepe myrtle's or 6' live oaks being added at a minimum of 25' intervals along the west property line and that to also reinforce that the masonry screening wall is not required per action taken by the commission when the school property was zoned. Mr. Bowen seconded the motion and it carried 6 - O. Messrs Davis, Nehring, Ferguson, Barfield, Bowen & Miller voted in favor of this motion. Mr. Wood abstained. _ _~_~..~~~;:~z~~~~~~-~~~ ..-..--~ PUBLIC HEARING TO CONSIDER THEBEQUESiOFbWl(;HT BARON TO <0 . ."t-..-r-'~"_ ,... REZONE TRACT2',-BRENTWOOD ESTATES ADDITION FROM AG AG.RICUl ruRAL TO C-2 COMMERCIAL. (lOCATED IN THE 8600 BLOCK ':'I '~,. . OF DAVIS BOULEVARD) ORDINANCE NO. 2263 ~"....-;-,-~.. ~" : - ,.--....-::,:..-:.-~'- ~.'~ ·~':"~ABL:EDr;,==:.::::-=-.m Page 10 /: 0J --I Tri4;..¡,:¿- -;-:, 8 ~: ~" , m..J-c.....+re...) Blvd - I rR ~", ,', C' iI., 3 ,I. (.r.:. ?z: 11·5/ ,t 72 ,-:¡.. 5f ---. - '----, " - -, ------ / / ---'---11 '3 rC~: ~"'l~ 1 .,-,.,~. / // I. i " / / - - ,- .- " ~. '. ,.' ./ ç::'J (' t-~ . ( ~;; - I , ! ~ " ,~' < "~.. . 4,:' -'.. c' _ ,_ ,. ~ .. -- ì -- ! .' ~ I ': ~ ¡ QI I / ^ .. ~! '..1 ~/ / 1-tJ¡ _ .~ 7 0l - v: ~1 ~ \) \) \~) , ''-.' - - , ~ ~! I '1 ::::! ; 5 :.; : ! p, r;':, ~ ' I ." . , 2')"~c;"·":'·í· . ¡ :'.,,~ , .:j3:~ - (¡)! -, ~ ¡-[" j I. ~ C'~.", ,.." I . _'., ' - " -" " " ..' .. . - .., ·.l ::~:; , :', .' :1 ....... ·1 , " . I'... 'I 1 \) r1J~ ~~ $- ~ ~ ..dJ 1-, ":..¿I " . ,_ "Ii ::... / / ORDINANCE 2262 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, TO AUTHORIZE A SPECIAL USE PERMIT FOR A CONVENIENCE STORE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in case number PZ 97-54, a Special Use Permit be hereby authorized for a Convenience Store on the property described as follows: Lots 1 & 2, Block 2, Thompson Park Addition (6305 Precinct Line Road) 2. THAT, development of this property shall be consistent with the site plan attached as Exhibit "A." 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. SAVINGS CLAUSE. That Ordinance Number 1874, the 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. Ordinance No, 2262 Page 1 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF December 1997. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 22ND DAY OF DECEMBER 1997. Mayor City of North Rich/and Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No, 2262 Page 2 .. ~ ;1- '# ~ \ City of Nor::J Richland Hills NitH APPLlCA TION FOR A 7301 NE Lee;:! a20 SPECIAL USE PERMIT North Richland Hills, Texas (?f.u.. :r.r:: cr t'/;::IIe aU '.sgons.s) 817·581·5500 PART 1. APPLICANT INFORMATION Name 01 applicant / agent: Jim ~l . ~":¡alker S~eetaddressolapPhcant/agent P.O. Box 210277 City / State / lip Code 01 applIcant / agent Telephone number 01 applicant / agem: Bedford, TX 76095 (817) 267-0477 PART 2. PROPERTY OWNER INFORMATION Name 01 properry owner: Bill Souder Rebel ?rooerties Slreet address 01 property owner: 305 Brookridge Ct. 1845 Precinct Line City I State I Zip Code 01 property Owner. Telephone number 01 property Owner: Hurst, TX 76054 Hurst, TX 7605 498-2333 / S.q1-901S Note: Attach letter or affidavit lrom property owner il different lrom applicant / agent - PART J. DESCRIPTION OF REQUEST Current zonmg clasSIfication: Proposed use of the properry: R-1 Residential C-1 (CS) Convenience Store with Gasoline Sales Descnbe the nature of the proposed activity and any parricular characteristtCs related to the use 01 the property: Retail Sales \ ' Site plan at~a,:hed which conforms with the requirements included in this packet i XX Yes DNo Affidavit attached lrom property owner il applicant is not owner: ~ Yes No Date: I hereby certify that I am, or represent, the legal owner of the property descnbed above and cio hereby submIt this requ~st for approval of a Special Use Permit to the Planning and Zoning Commission for consideration, 11/21/97 Print Name: Jim TN. ¡..:¡ a 1 k e r Signature: PART 4. FOR OFFICE USE ONL Y Date of Planntng ¿ lonmg Commission Public Heanng: Taxes PaId? ! ; Yes D D D Fcc: Dare of City Council PUblic Hearing: No Case Number: Special Use PermIt Approved: DYes 0 No Liens Paid' eYes No SJOO.OO Conditions of Approval: Assessments Paid? DYes No This application w;II not bo sdreduled for public hearing until the application fee is received. SPECIAL USE PERMIT r.n _ d1.1 1"'a~1 CITY OF NORTH RICHLAND HILLS Planning & Inspections 12/22/97 ~_ Department: Council Meeting Date: Subject: Request of Rebel Properties, L.L.C. for a Replat to be Agenda Number: PS 97-45 Known as Lots 26R & 27K, BlocK 1, I hompson ParK Estates Addition. (Located at 6225 Precinct Line Road) Rebel Properties is currently developing this 1.6 acre tract of land on Precinct Line Road into two (2) lots for commercial purposes. The property is currently zoned C-1, Commercial. The issues associated with this replat are: 1. Driveway Spacing: There are currently three (3) existing driveways on this tract of land. The NRH Public Works Design Manual requires driveway spacing on Precinct Line Road of 1 per 500'. The developer is requesting a waiver of the driveway spacing requirement to allow the existing three (3) curb cuts to remain. The property has 316 feet offrontage on Precinct Line Road. The three (3) existing curb cuts are built to residential standards. The developer proposes to reconstruct the curb cuts to meet wider commercial standards. Only one (1) curb cut should be allowed according to NRH Public Works standards, which Public Works Administration still feels is the correct standard. 2. Drainage: This property drains towards the new BISD high school site currently being developed to the west of this property. Drainage from this replat is dependent upon major drainage facilities proposed on the BISD site. There is a potential for this property to develop before BISD installs the major drainage facilities on the BISD property. The Planning & Zoning Commission is requiring a note on the plat that no building permits be issued until the BISD drainage facilities are installed. The developer has agreed with all other requirements. The Planning & Zoning Commission considered this request at its December 11, 1997 meeting and recommended approval subject to: (1) a note being placed on the plat stating that no permits be issued until the BISD drainage system is under construction, and (2) that three drive entrances be allowed. The north entrance would be situated 25' south of the north property line and become a shared curb cut with the new Conoco convenience store proposed on the adjacent property to the north. A second curb cut would be at the shared property line at the mid-point of these two lots. The third curb cut would be located along the south property line. Also, no masonry screening wall along the west boundary line of these two lots. RECOMMENDA TION: It is recommended that the City Council consider the recommendation of the Planning & Zoning Commi~~ion ;::¡nn the number of driveway cuts permitted Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ t~- OtheG ~ ~r \J Dep rtment Head Signature - CITY COUNCIL ACTION Finance DlreClo, Page 1 of 4. PS 97-45 REQUEST OF REBEL PROPERTIES, L.L.C FOR A REPLA T TO BE KNOWN AS LOTS 26R & 27R, BLOCK 1, THOMPSON PARK ESTATES ADDITION. (LOCATED AT 6225 PRECINCT LINE ROAD) APPROVED Mr. Wood stated that due to conflict of interest, he would be abstaining from the discussion and voting of this item. Mr. LeBaron explained that 1.6 acre tract of land that front on Mid-Cities Boulevard is being replatted into two (2) lots. The major issues associated with this plat are the placement of curb cuts and drainage. Mr. Mark Howe presented this request. He explained that this replat is to allow for a property line adjustment. He explained that the curb cuts would be reallocated and that an agreement has been made with BISD regarding the drainage issue. Mr. Howe explained that they would be selling 25' of the northern part of this property to Conoco. Additionally, this property is currently under contract with an upscale restaurant. Chairman Barfield asked the applicant if he was aware of the pending Mid-Cities Overlay Zone? Mr. Howe stated that while he was aware that a study is being performed I it was his understanding that no stringent guidelines have been adopted yet. Responding to a question, Mr. Howe stated that timing of this plat is important on this matter, reiterating that this property is currently under contract, and he would not be able to deter the buyer from moving forward. The Commissioners discussed the issue of the masonry screening walls along this property. This requirement was waived for the future high school. It was determined that since this property will abut the parking lot for the high school's stadium, the motion on this item should reflect that no masonry screening wall be required for this applicant as well. Chairman Barfield stated that he would like to hear discussion between the Commissioners and entertain a motion. Mr. Bowen stated that while it would be nice to stop development until the Overlay Zone Study is completed, reality is that it can't be done. Chairman Barfield stated that he just wants people to understand that the City is participating in this study with Arcadia Reality and they are proposing a Page 2 completion of January. He believes that this corridor is the front door to the City of NRH and whatever is done here will grossly affect what happens on the Mid- Cities corridor. Chairman Barfield stated while the applicant has done everything the Ordinance requires, the Commission should listen to their consciences on this matter. Mr. Davis stated that while he is a proponent for the Mid-Cities Overlay Zone as well, no moratorium currently exists stating that development cease in this corridor until the study is completed. Mr. Davis stated that he doesn't believe the study will be ready by January, it was his understanding that this would be at least a six- (6) month process. Mr. LeBaron interjected to the Commissioners to remember that this is a plat and not a zoning request. Chairman Barfield stated that he understands that, he said he is only suggesting that the Commissioners might consider tabling this plat until there has been time to review the preliminary study of the "corridor." Mr. Davis made the motion to approve PS 97-45 provided that a note be placed on the Plat that no permits be issued until the BISD drainage system is under construction, that three (3) drive entrances be allowed: a joint on the north with Conoco, one at the shared lot line between lots 26R & 27R and one along the south property line of 27R and that it be noted that a masonry screening wall not be required on the west boundary of these two (2) lots per previous action on the school property to the west. Mr. Miller seconded the motion and it carried 5 - 1. Chairman Barfield asked Mr. Miller his opinion on the corridor study issue, and he responded that his sentiments concur with Mr. Davis. He feels that you can't delay development based on the upcoming preliminary study that he doesn't believe will be ready by the end of January. After much discussion it was the general consensus of the Commissioners that development could not be stopped waiting on this study. Chairman Barfield stated that it was apparent that the consensus of the board was to approve this plat tonight so he asked the applicant if he would be willing to try and incorporate some of the more stringent landscaping criteria, signage and building designs that will go along with this study, once in place. Mr. Howe stated that he would be sensitive to these issues. Page 3 Mr. Davis stated that since a masonry screening wall will not be required along the west property line he would like to see a 2 - 3 foot landscaping berm with crepe myrtle's every 25 feet all along the western property line and maybe even the south property line. He believes this would create a natural buffer that would really make this commercial development stand out. Mr. Howe reiterated that he would be happy to cooperate in any way possible. Chairman Barfield called for a vote on the motion and second made previously and it carried 5 - 1. Messrs Davis, Nehring, Ferguson, Bowen & Miller voted in favor of this motion. Chairman Barfield was opposed and Mr. Wood abstained. After discussion and approval of PZ 97-54, Mr. Davis stated that he would like to amend the motion on PS 97-45 and made the motion to reconsider PS 97-45. Mr. Miller seconded the motion and it carried 6 - O. Messr Davis, Nehring, Ferguson, Barfield, Bowen Miller voted in favor of this motion. Mr. Wood abstained. Mr. Davis made the motion to approve PS 97-45 with the deletion that a joint drive approach on the north property line not be required but that the third drive approach be inside the new proposed property line, which would be a minimum of 25' from the new north property line. All other conditions as previously stated would be remaining. Mr. Ferguson seconded the motion and it carried 6 - O. Messrs Davis, Nehring, Ferguson, Barfield, Bowen & Miller voted in favor of this request. Mr. Wood abstained. ST OF HCA REAL TV INC., FOR A REPLA T TO BE KNOWN BLOCK F, CALLOWAY FARMS ADDITION. (LOCAT BOOTH CALLOWAY ROAD) APPROVED conded the motion and it carried 7 - O. Me IS, Nehring, Bowen and Ferguson voted in favor of this m - .-- - -- - Page 4 CITY OF N($RTH RICHLAND HILLS Public Works December 1, 1997 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS97-45; THOMPSON PARK ESTATES ADDITION; Block 1, Lots 26R & 27R Final Plat We have reviewed the subject documents submitted to this office on November 12, 1997. The following items are for your consideration. 1. DRAINAGE ANALYSIS The plans submitted show the proposed subdivision draining to the improvements on the property to the west. The Master Drainage Plan indicates additional drainage improvements for the property to the west. Plans are being prepared by BISD's engineers for these storm drain improvements, although they have not been submitted to the City at the time this memo was written. The plans would need to include the stubouts for the proposed 24" storm drain pipe. The off site drainage improvements on the Birdville High School Addition, as well as the drainage improvements for this Plat, would need to be constructed by the developer and approved by the City prior to building permits being issued on Lot 26R and 27R. As previously noted, construction plans are required for the proposed storm drain improvements for this plat. 2. OWNERSHIP As previously noted, it appears a small portion of the proposed plat is owned by Cummings, McCombs and Turner. All owners must sign the replat. The metes and bounds description state "Part of Lots 26 and 27...". The entire lots need to be included in the replat. 3. DRAINAGE EASEMENTS As previously requested, all storm drain improvements shall be placed in a drainage easement. These need to be clearly shown on the next submittal of the plat. P.O. Box 820609· North Richland Hills, Texas· 76182-0609 7301 Northeast Loop 820· 817-581-5521' FAX 817-656-7538 Planning & Zoning Commission Page 2 December 1, 1997 4. OFF SITE EASEMENTS As previously requested, all off site easements and exhibits need to be prepared and forwarded to the Public Works Department for review. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat. The plans show off site drainage and driveway improvements. 5. EASEMENT DEDICATION As previously requested, the easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description on the Final Plat submittal. The dedication was not shown in the correct location on the Plat. 6. DRIVEWAY SPACING As previously stated, the Public Works Design Manual indicates the minimum driveway spacing allowed on a Major Arterial is 500 feet. If the existing driveway approaches are to be used in their current location and width, these approaches are allowed. The plans indicate these approaches are NOT going to be used as is. Therefore, one mutual public access easement and driveway approach will be allowed for these 2 lots per the Design Manual criteria. This will need to be addressed with the next submittal. 7, TXDOT PERMIT The Plat is bordered by Precinct Line Road ( FM 3029), a State Highway. If the driveways are to be reconstructed, a TxDOT Access Permit will be required. The TxDOT permit application must be submitted to Public Works for approval prior to submitting to TxDOT. 8. GPS COORDINATES The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. This survey was accomplished to create an accurate base map for the Geographical Information System. City policy requires that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City, The Final Plat needs to include the NAD83 Texas State Plane Coordinates for at least two property corners. As previously requested, the coordinates need to be determined by a survey tied to the City's GPS monuments. 9. 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 the Final Plat. 10. VICINITY MAP The vicinity map needs to be revised to correctly show Mid- Cities Boulevard. Planning& Zoning Commission Page 3 December 1 , 1997 11. ADDRESS The address and telephone numbers for all Owners need to be added to the Plat. 12. SIGNATURE BLOCKS The Subdivision Ordinance requires signature blocks for the Chairman of the Planning and Zoning Commission and the Mayor. Examples may be found in the Subdivision Ordinance. These signature blocks must be a minimum of one and one-half inches by four inches. 13, SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks will need to be added to the site construction plans for coordination purposes. 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. 14, STREET LIGHTING As previously indicated, street lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional street lights that may be required based on current ordinances, needs to be coordinated with Public Works and TU Electric. The cost for installation of any additional street lights will be paid by the developer directly to TU Electric, 15. 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. This certificate must be signed by the Engineer. 16. DETAILS The appropriate details for services will need to be included in the construction plans, Note that the details included in the Design Manual do not contain any logos other than that of the City of North Richland Hills. It is therefore recommended that the details be used in their entirety. 17, INSPECTION FEES Inspection fees will be due prior to starting construction. The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage. This review was based on preliminary plans and was therefore only cursory. The intention of this letter is to comment on items of significant importance to the general concept. A detailed review will be processed when the final plans are submitted. Planning & Zoning Commission Page 4 December 1 1997 There are several comments recorded on the preliminary engineering sheet. This sheet is available for the Engineer to pick up. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. L...Z..- cc: Kevin B. Miller, P.E., Assistant Public Works Director Mark S. Wood, 1845 Precinct Line Rd., Suite 108, Hurst, TX 76054 Brookes Baker Surveyors, 511 East Bluff, Ft. Worth, Texas 76102 Washington & Associates, Inc., 500 Grapevine Hwy" Suite 375, Hurst, TX 76054 ,~ / _ _, '.." _' ....J.oJ' ... ..... . ....-, ::.., , --.:.,;.;_ -....co~... ;.:',......_'I_/.c.:..~ O_r ,t.f"'. :j,....r): ~""'·..;H:_ - - DON w, HICKEY ESTABLISHED 1eeo BROOKES BAKER SURVEYORS A PROFESSIONAL COAPORATION TITLE AND TOPOGRAPHIC SURYt;YING BROOKES 8AKER 8UILOING . 511 EAST BLUFF STREET 617.335-7161 ' FAX 332-4885 METRO 429-61' 9 FO~T WOF\TH, TËXAS 76102·2200 BROOKES BAKER ('902-1955) JOHN F, BAKER (1924·'985) S,J. eAKER, CONSULTANT FRED M, MORRIS CONSULTANT GAREY W, GILlEY,CONSUlTANT TO: Planning and Zoning COIIIDÙssion œ rn D~G rn ~ ~ rn ill From: Brookes Baker Surveyors Subject: PS97-45; rnOMPSON PARK ESTATES ADDITIO PLANNING & INSPECTIONS Block 1, Lots 26R & 27R Final Plat We have reviewed the memo dated December 1, 1997, and have submitted the following as conunent to said memo. 1. DRAINAGE ANALYSIS, We have contacted and provided the Engineers working on the Birdvíl1e Independent School District Plat with the infonnation on the location of the Proposed stub-outs and the have indicated the will provide them in accordance with an agreement between the two parties. They are also provided in a letter of permission of grade to drain. 2. OWNERSHIP, has been clarified on the Plat. 3. DRAINAGE EASEMENTS, placed on PIal. 4. OFF SITE EASEMENTS, the ofIsite easements will be reflected on the Final Plat ofBISD. 5. EASEMENT DEDICATION, revised on the Plat. 6. DRIVEWAY SPACING, We would request the driv<:way locations remain as shown and request consideration to the Planning and Zoning Commission. 7. TXDOT PERMIT, Pennits for driveways will be attained at the time of construction. 8. GPS COORDINATES, placed on Plat. 9. SIGNATURES, appropriate signatures and seals will be added on Final Plat. 10. VICINITY MAP, revised on Plat. 11. ADDRESS, shown on map. 12. SIGNATURE BLOCKS, revísed on Plat. /~ / ¡ "'~I (.,1';"1 ....:;:J I ..:-.... -.. j _ -...,Q::::': ~~U~, ~~ o~, ~~ ~I_r~\,: ... ~ . .....J :.......'..:;c:.. - , ESTABLISHED' 660 BROOKES BAKER SURVEYORS 13 . SIDEWALKS, sidewalks will be constructed with the fmal construction of the site, 14. STREET LIGHTING, We will reflect the street light location on the Topography Plan. 15, ENGINEERS CERTIFICATE, the drainage study will be stamped and signed, 16. DETAIL, these detail will be provided with the Site Construction Plans. 17. INSPECTION FEES, the developer is aware of the Inspection Fees. Ni~H City of North Richland Hills APPLICA TION FOR A 7301 Northeast Leoo 820 REPLAT North Rich/and Hills, Texas (Please pnnt or type all responses) 817 ·581 -5500 Proposed Subdivision Name: '-ìfl. d(ou< I lEfL,,:, Len 2(, ~ rf-..v¿; I'" (1- e;'í- ,,~ T;--(() ItA,ß S 0 I\J f"lfU:_ Pc; (,4 rES Current Legal Oescnption: / i....t;rS Z-" 1'\ N,) '2, I r -v ~LC'LI< c-1J': TI-IOi"-'\.1'50N 1'4 It. K. e SI/-I TCS i./." (, ~£'fJ-/2. f>6r 3 I Name and Address of Current Property Owner: (L eo;, E L ¡J rU) ,JE12. TIE ~ I L., L. é. J f}77N. 1YJf}~ s· ¿Vø/:J Phone No, !i81 -qCJJ5" It¿ LIS PILEC.,V(..T L'Vé M"I17 S'-'-li1: ¡OS !-luiC.<" I;t... 7~o'5¥ Name and Address of Previous Owner:(if purchased during last twelve months) C¡'¡;9,eLE 1(, tt//Y!/lJIA/~/::r.£. / KEß,eV ¡Y}c.COI'1I3~ ..,. ~t/~ 7V ,e¡vE!2 p. 0 . SOX /6307'C1 ¡:::r.. M,I::T#/ /y. 76/61 Name and Address of Developer: S4-..-Y\é Phone No, S 8/- C)615 Name and Address of Engineer: BCDOKc') fS4Kêff- C;,¡,u¡¿-jM_S Phone No, BS-7/S1 5/1 ~t<1ST !3L......í-F Ç.T. r:: O.LT WO,(,P1 r;.... 7t:?/O"L Type 01 Development Being Proposed: o SF Residential 0 MF Residential o Other o Duplex Residential 0 Commercial/Industrial Application Fee: 1. Application Fee /2--0 . q::... 2. Number of residential lots @ S ,50 per lot: J. Number of non-residential lots @ S5.00 per acre ~ ,.-0 yV 4. Number of street intersection signs @ S65,00 each þ'7-~ 5, County plat filing fee: 4? ~ TOTAL FEE ZS0· ~ - I hereby certIfy that I am. or represent, the legal owner of the property descnbed above and do hereby submIt thIs Replatto the Planning and Zoning Commission for consideration, (Attach affidavit wIth all property owner's names when more than one owner Involved) Date: Cf-16-97 Applicant's Phone No,: '8)7-ð-g/-qO/~ Print Name: /Yl /9ßK $. tv 00.6 Signature: _~~AJ~ ./ I OFFICE USE ONLY I TaxeS'd I Case Number Liens Paid Assessments Paid REPLA T CD - 403 (2/96) \,' CITY OF NORTH RICHLAND HILLS Planning & Inspections "-- Department: Council Meeting Date: 12/22/97 Subject: Request of HCA Realty Inc., for a Replat to be known As Lots 11-{, 2 & 3, Block F, calloway Farms Addition (Located at 4351 Booth Calloway Road) Agenda Number: PS 97-47 Columbia North Hills Hospital is currently expanding their physical plant on Booth Calloway Road and the expansion is requiring them to replat their 31.2-acre site into three (3) lots. The property is currently zoned C-1 Commercial, but does not abut any residentially zoned property and hence, no masonry screening walls are required. The issues associated with this plat are as follows: Drainage: Calloway Branch extends through this property and the developer owns both sides of the channel. The channel is unimproved and experiencing some erosion along the banks. The Public Works Department has requested the developer to conduct a drainage study to determine the needs for drainage improvements. Columbia North Hills Hosp:ital has agreed to conduct the drainage study. The developer has met all other requirements. The Planning & Zoning Commission considered this item at its December 11, 1997 meeting and recommended approval subject to engineering comments. ~ECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning & Zoning Commission. ( Finance Review Source of Funds: Bonds (GO/Rev.) Operati Budget_ )thet ',--- Acct. Number Sufficient Funds Available Fln....ce Director ead Signature CITY COUNCIL ACTION Page 1 of 1.1.. ~~~~át~ÞaÞsinœ<..&~eeRicg:Wai1.;will.:raolb.e.;f.e~uM~e.Ø....~ the west property line he would like to see a 2 - 3 foot landscaping berm~-- crepe myrtle's every 25 feet all along the western property line and~ even the south property line. He believes this would create a natu~,;Þtfffer that would really make this commercial development stand out. ~/ ,.7" Mr. Howe reiterated that he would be happy to co~te in any way possible. ¿/ .h'/ Chairman Barfield called for a vote on the Œ\6tfon and second made previously and it carried 5 - 1. Messrs Davis, Ne9.:ú~: Ferguson, Bowen & Miller voted in favor of this motion. Chairman Ba~ä"was opposed and Mr. Wood abstained. h';' After discussion and approval,,9fPZ 97-54, Mr. Davis stated that he would like to amend the motion on PS 9.7145 and made the motion to reconsider PS 97-45. þ'/ Mr. Miller seconded tþe'ri,otion and it carried 6 - O. Messr Davis, Nehring, / Ferguson, Barfield¡;.'8owen Miller voted in favor of this motion. Mr. Wood abstained. 4'?' /11" /' Mr. Davi~rde the motion to approve PS 97-45 with the deletion that a joint drive a~r'?aCh on the north property line not be required but that the third drive appr9tlch be inside the new proposed property line, which would be a minimum of from the new north property line. All other conditions as previously stated uld be remaining. Mr. Ferguson seconded the motion and it carried 6 - O. Messrs Davis, Nehring, Ferguson, Barfield, Bowen & Miller voted in favor of this request. Mr. Wood ¡ 5. PS 97-47 REQUEST OF HCA REAL TV INC., FOR A REPLA T TO BE KNOWN AS LOTS 1R, 2 & 3, BLOCK F, CALLOWAY FARMS ADDITION. (LOCATED AT 4351 BOOTH CALLOWAY ROAD) APPROVED Mr. LeBaron explained that in order to expand the existing hospital facility this 31.2 acre tract is being replatted into three (3) lots and all Public Works requirements have been satisfied. Mr. Nehring made the motion to approve PS 97-47. Mr. Ferguson seconded the motion and it carried 7 - O. Messrs Barfield, Wood, Miller, Davis, Nehring, Bowen and Ferguson voted in favor of this motion. Page 4 CITY OF N@RTH RICHLAND HILLS Public Works December 4, 1997 MEMO TO: Planning and Zoning Commission FROM: (t^' Kevin Miller, Assistant Public Works Director SUBJECT: PS 97-47; CALLOWAY FARM ADDITION; Lots 1 R, 2 & 3, Block F; Waiver for channel improvements Public Works issued a memo on November 21, 1997, which outlined the requirements of the Subdivision Ordinance and Design Manual as they apply to this project. Item #3 is titled Drainage Study. This item indicates there is a major channel through this project that has not been improved and does not contain the 100 year flood. The item further requests a hydraulic study to quantify the impact of the additional buildings and parking lots proposed by the Hospital. On December 1, 1997, the Hospital issued a response letter which requests a waiver of the Drainage Study. The reasons for the request are generally based on minimal impact to the flood plain and the development of the future Hike and Bike Trail by the Parks Department. The Hospital also stated a desire to work with the City to develop the channel as an amenity to the park system. The Public Works, Planning and Inspection and the Parks Departments have discussed this issue and we feel that there are two major factors which need to be considered: 1. The existing flood plain is currently above the top-of-bank of the channel. In addition, the existing channel bank is experiencing erosion. The erosion is decreasing the stability of the channel while reducing the amount of land that can be developed by the City (as a trail system) or the Hospital. The channel should therefor be stabilized with gabions to reduce further erosion. 2. The Trail has been funded by a grant from the Texas Department of Transportation. The grant does not include funding for a hydraulic study or channel improvements. Any study or stabilization of the existing earthen channel will need to be funded by the Hospital, the City, or a combination of the Hospital and the City. KBM/pwm97206 P,Q, Box 820609 . North Richland Hills, Texas· 76182·0609 7301 Northeast Loop 820 + 817-581-5521· FAX 817-656·7538 -->-. ". "- -- ~ ,,-,,,,-I ¡~,;..il I , --..-', . '. _ ' _ '"'---_'-< _ J ~'CL.. .;., J. ..._ .-':I r. (,)_ CCOWMBIA North Hills Hospital 44C1 Boom Ç¡¡lrow¡¡y Rd, North RlC!!an<: Hills, TX 761 ao Phon~ (S1 ïJ 28.1·' .131 COLUMBIA'S n~ ø~gI! I> n:!þ~:.........,COIUmI)ja.,,~ December 1, 1997 Ms. Julie W, Skare, P.E. City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76162 Re: North Hills Hospital- PS97-47 Calloway Fann Addition Phase II, Block F, Lots IR, 2 & 3 Dear Ms. Skare: Your November 21, 1997, memo to the Planning and Zoning Commission, indicated a need to perfonn a Drainage Study to determine if additional drainage improvements are needed in the existing drainage channel across the referenced site. We would like to request that the City of North Richland Hills waive the requimnent to perform a Drainage Study due to the following: l) The site is presently developed and the proposed improvements will have minimal effect on the cxisting channel. 2) All site grading and improvcments v.ill be outside the 100 year flood plain. 3) A drainage easement is being dedicated by plat for any areas within the 100 year flood plain (as delineated by the Federal Emergency Management Agency-Flood Insurance RAte Maps). 4) The Park Department is proposing to develop a Park Trail along the channel. A Drainage Study and Futme improvements need to incorporate the future plans of the: Park Department. Nonh Hills Hospital is committed to working with the City of North Richland Hills and its Park Department for the development of the drainage: channel as an amenity to the Park System. If we can be of further assistance, please let us lmow. Thank you for your cooperation and consideration, S~þ~ Randy Moresi Chief Executive Officer fõ)rn©Œ~WŒrñì lJù DEC~ 2. ~ R,¡Wznb PLANNING & INSPECTIONS Pacheco Koch Consutting Engineers December 1, 1997 PK No,: 1828-97,255 Ms. Julia W. Skare, P.E. CITY OF NORTH RICHLAND HILLS 7301 Northeast Loop 820 North Richland Hills, Texas 76182 ~~ Re: CALLOWA Y FARM ADDITION North Richland Hills, Texas PS 97-47 Dear Ms, Skare: Transmitted herewith, via courier service delivery, please find enclosed the following prints for your approval as requested: No. Date Description 2 Dec, 1997 Final Plat - Lot 1 R, 2 & 3, Block F, Calloway Farm Addition 1 City Mark-ups If the enclosures are not as noted above, please contact this office immediately. We have received your letter dated November 21, 1997 and respond to the comments as follows: 1. All 15-foot easements for the storm drainage improvements as required have been indicated on the plat. In addition, the variable width drainage easement for the creek has been indicated on the plat. It is our understanding that certain storm drain lines are designated to be private and will not be included in the easements. These easements have not been indicated on the plat. 2. All 15-foot wide easements for existing and proposed public water and sanitary sewer mains have been indicated on the plat. 3. It is our understanding that the owner is to request a variance to the requirements for a drainage study for this site. This request of waiver will be forthcoming to your office from Raymond L. Goodson Engineers. 4. A visibility sidewalk and utility easement has been indicated at the corner of Rodgers Line Drive and Calloway Road. 9401 LBJ FREEWAY SUITE 300 DALLAS, TEXAS 75243 9722353031 FAX 9ì2 2359544 Pt<:E "-'AIRMAIL NET . ¡.... ~ Ms. Julia Skare December 1 1997 Page Two 5. GPS coordinates based upon NAD 83 Texas State Plan Coordinates have been indicated on the plat. 6. Appropriate signatures will be added to the owner's acknowledge and dedication on the plat upon cõmpletion of our responding to all City comments. 7. The Title Block has been revised to show the block as Block F. 8. Telephone numbers for the owner's will be provided prior to final approval of the plat. 9. The owner understands that sidewalks will required adjacent to all public streets. The sidewalks will be added to construction plans prior to approval of said plans. 10. The owner understands that additional street lights may be required based upon current ordinances and the installation of these lights need to be coordinated with Public Works and T.U. Electric. In addition, the cost for installation for any additional street lights will be paid by the owner directly to T.U. Electric. 11. 1997 details for services will be included in the final construction plan. 12. The owner understands that inspection fees will be due prior to starting construction. If you have any questions regarding the enclosed items, or need any additional information, please call me at your convenience, J1~ JAK/lnc 1828-23 ene, cc: Stuart Markussen, Raymond L. Goodson (wi 1 mylar) Rick Guerrero, CRA Architects CITY OF N*RTH RICHLAND HILLS Public "'Jerks November 21 1997 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS97-47; CALLOWAY FARM ADDITION; Phase II, Block F, Lots 1R, 2 & 3 Final Plat We have reviewed the subject documents submitted to this office November 3, 1997, The following items are for your consideration. ITEMS' #1 & #2 WILL NEED TO BE ACCOMPLISHED AND THE REVISED PLAT SUBMITTED PRIOR TO RECOMMENDING THE PLAT TO BE PLACED ON THE P & Z AGENDA. 1. DRAINAGE EASEMENTS All new storm drain improvements must be shown in a minimum 15-foot wide drainage easement. There are several storm drain improvements that are not shown in drainage easements. The flood plain must be shown in a drainage easement as outlined in Section 1-05 of the Public Works Design Manual. This includes the portion of the flood plain on both sides of the channel. 2. UTILITY EASEMENTS All existing and proposed public water and sanitary sewer mains need to be placed in easements. Minimum width of the easements need to be 1 5 feet. 3, DRAINAGE STUDY The Master Drainage Plan indicates there may be a need for additional drainage improvements associated with this plat. It appears the flood plain for the 1 DO-year frequency storm is not contained in the channel. As requested previously, hydraulic calculations need to be provided with the next submittal. The Public Works Design Manual contains criteria for requirements on the calculations for concrete and earthen channels. 4. VISIBILITY EASEMENT The intersection of Booth Calloway Road and Rodger Line Drive requires a visibility, sidewalk and utility easement as defined in the Design Manual and the Zoning Regulations. The easement has been shown as only as a visibility easement. This needs to be corrected with the next submittal. P.O. Box 820609 . North Richland Hills, TE!xas .76182-0609 7301 Northeast Loop 820 . 817-581-5521 . FAX 817-656-7538 Planning & Zoning Comml~_ on PWM97200 Page 2 of 3 5. GPS COORDINATES The City has obtained a Global Positioning System (GPS) Horizontal Control Survey. The Subdivision Regulations require that all new plats be tied by survey to the GPS. This will allow the City to keep the GIS up-to-date. The Public Works Department has written descriptions for all of the GPS Benchmarks located around the City. The Final Plat needs to include the NAD83 Texas State Plane Coordinates for at least two property corners. The coordinates need to be determined by a survey tied to the City's GPS monuments. 6. 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 the Final Plat. 7. TITLE BLOCK The title block needs to be revised to show the Block as Block F not Block E. 8. ADDRESS The telephone numbers for the Owner's need to be added to the Plat. 9. SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets. The sidewalks will need to be added to the construction plans for coordination purposes. The sidewalks need to be shown adjacent to the ROW line. The existing and proposed sidewalks need to be clearly delineated. 10. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing street lights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional street lights which may be required based on current ordinances, need to be coordinated with Public Works and TU Electric. The cost for installation of any additional street lights will be paid by the developer directly to TU Electric. 11. DETAILS The appropriate "1997" details for services will need to be included in the construction plans. Note that the details included in the Design Manual do not contain any logos other than that of the City of North Richland Hills. It is therefore recommended that the details be used in their entirety. 12. INSPECTION FEES Inspection fees will be due prior to starting construction. The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage. Planning & Zoning Commi~,on PWM97200 Page 3 of 3 This review was based on the "progress set" construction plans and was therefore only cursory. The intention of this letter is to comment on items of significant importance to the general concept. A detailed review will be processed when the final plans are submitted. The marked-up blue lines need to be returned with the next submittal. ~~r.~ Juli . Skare, P.E. I Staff Engineer JWS\pwm97200 cc: Kevin 8. Miller, P.E., Assistant Public Works Director Pacheco-Koch\9401 LBJ Frwy., Suite 300\Dallas, Texas 75243 Raymond Goodson Jr., Inc.\5445 La Sierra, Ste. 300 LB17\Dallas, Tx. 75231 CITY OF NORTH RICHLAND HILLS Planning & Inspections 12/22/97 '- Department: Council Meeting Date: Subject: Request of Clint Young for a Replat to be known as Lots Agenda Number: PS 97-54 13R 1 & 13R2, Block 1, Fox Hollow Addition (Located at 6317 Christy Court) Mr. Clint Young is the owner of a duplex located in the Fox Hollow Addition located at 6313 Christy Court. Mr. Young is considering dividing this property into two (2) parcels so that each half of the duplex will be situated on its own platted lot. In many cases the lending institution, which provides financing, will require the property be subdivided so that a legal description can be developed for the property being mortgaged. The following are the outstanding issues associated with this plat: 1. Sidewalks: Sidewalks are required according to the Subdivision Regulations. However, there are no other sidewalks existing on Christy Court. The Planning & Zoning Commission has recommended a waiver of the Sidewalk Requirement because there are no existing sidewalks in the neighborhood. The developer has met all other requirements of the Subdivision Regulations. This request is in conformance with the principles and concepts of the adopted Comprehensive Land Use Plan by the City of North Richland Hills. The Planning & Zoning Commission considered this item at its December 11, 1997 meeting and recommended approval as presented waiving the sidewalk requirement. RECOMMENDATION: 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 _ Ot er Acct. Number Sufficient Funds Available Fin....,. Dire,,'" d Signature CITY COUNCIL ACTION Page 1 of 6. PS 97-54 PUBLIC HEARING TO CONSIDER THE REQUEST OF CLINT YOUNG FOR A REPLAT TO BE KNOWN AS LOTS 13R 1 & 13R2, BLOCK 1, FOX HOLLOW ADDITION. (LOCATED AT 6317 CHRISTY COURT) APPROVED Mr. LeBaron explained that the Young's are purchasing one-half of this duplex and that because financial institutions require each unit be individually platted, this replat was triggered. The only issue with this plat is sidewalks. The applicant has not requested a waiver of this requirement, but stated the Commissioners might consider this since there are none in this area. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mrs. Karleen Worthy presented this request. She explained that they are the purchasers of one-half of this duplex and they had no intention of installing a sidewalk so yes, they would like a waiver of this requirement. Chairman Barfield called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Wood made the motion to approve PS 97-54 granting the sidewalk requirement waiver. Mr. Miller seconded the motion and it carried 7 - O. Messers Barfield, Wood, Miller, Bowen, Ferguson, Nehring & Davis voted in favor of this motion. --~..-- ..- '-'--·~:JL..L.- a_...;¡-ð-:'WiIIa <Ea.iiII:i Z ' . [7 !Wi ¡.u:¡ ~f ~~ ,fA. -;.._~..~:~ .. PS 97-55 '''''~ PUBLIC HEARING TO CONSIDER AMENDING JJj~)\ŠTER THOROUGHFARE PLAN TO CHANGE HOLlQAv1:"ANE BETWEEN CHAPMAN ROAD AND HIGHTOWER DRI'{.;;PRÕÑI AN M-4-U COLLECTOR STREET TO AN R-2 RESIDENTIAL.STREET. ORDINANCE NO. 2260 AP.PROVED :,.,- .... " , "..,1 ": Mr. LeBaron explained t.twt'stáff had been directed by City Council to initiate consideration by the?&Z to change the Master Thoroughfare Plan by removing Holiday Lane,~~"'8"'rñajor collector street between Chapman Road and Hightower Drive. M.JJJliéípal Resources Planning Group was contracted and their findings suggestéd that Holiday Lane be reclassified as a C-2-U Collector street and that .~écurrent alignment of Meadow Road would be adequate to accommodate ~~ ~.tLa~2t~ Page 5 ~ '')'' .ç '-'.. ~ , , ç '~;---S---26R . - ~ -,. 26R2 ~ 22 ~ 25~ R j 1 4 13 12 r . 2 1 I ,~, ¡ ,7'"\51; ~S1!7'jf.,1 ~~Ydr ~ /;~--Þ,\\2JÀl' ' If" I· Q 1 ! 23R ~ ~:(jI------- 1\ I / ;7'1) .,isc.7'1~O;14~\ 19 I r..,"f:., _,_ /15 16 171 18 ' 3 \1\\"~~~; ~ . " ~~...,.~. ,11\··.,......, . I \'~ . . _...~I;,~~I:.·~· . .\ ~;r:.:.,:.",., ~.,."'" þ~~- ,;".1,~~~;-~~ 11", :."J T";·~7~~'~~~~~NT , ¡\ )DITION í il "'rtLP"JI , ,~ ,,,,. , ,"~to - ;:"'~: "'f ~ ; ~ I ::~. 11.-.... .." " J '. '.:!i\ 2À1 ,'I ,,,.~.': h. .-.."'~ . ,;,...""........ l'l~ At»-~ '. ~~ TR:,10H f ( I' , . Ac !..\~ .' I :: 10'" A&- ß? i 4c I 2.F ~-?>t,t, I '~-ld: --~- ¿' '1 N CHRlSlrÄ OHURST ,'Ï\ (t, 171DI·); 3,; 6 8 9 , I :z 17 -1 I- CfJ a: ::> :r: o :z <t CfJ -~, ,..,;;t¡ IU.J",'-A../d# ..- '-.' ï:>5 H c..:¿ I 23 i .. . 11 10 I 9 I ~ I I 33 l ¿-.- 34R 12: 32 r - 34Rl £. 1 ,33R1 ('oJ 31 r" _ _ o .'rllR ~'-;;[ ~~1 ..... _r 32R ~ 29 r 31R I" _ _ _ _ (['----, 3 1 R 1 i;. 28 1-' 30R 1 -- 3ÕR- 29 29 1 28 @ ~ .-- --- -- ...---~ ...--- . -- ., \) ,-------- í f< I 0 ~( :7~1 - 760 Jot'A T AUGA OR..-- v. ·1 S.E. PT, A TR 55.: e '1.'5 . COLLE:G / / / / / 28 I / /' / -, CITY OF N$RTH RICHLAND HILLS ~._----------. Public 'I/arks December 1, 1997 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E., Staff Engineer SUBJECT: PS97-54; FOX HOLLOW ADDITION; Block 1, Lot 13R1 &13R2 Final Plat We have reviewed the subject documents submitted to this office on December 1, 1997. The following items are for your consideration, 1, METES & BOUNDS A Metes and Bounds description has been included with the plat submittal. There are several discrepancies between the exhibit and the description, This will need to be revised and closure verified with the next plat submittal. 2. EASEMENT DEDICATION As previously requested, the easement dedication needs to be incorporated into the closing paragraph after the metes and bounds description on the Final Plat submittal. 3. ZONING The zoning map shows the current zoning to be R4D, R5D is shown on the plat. This discrepancy needs to be resolved with the next submittal. 4, VICINITY MAP The vicinity map needs to clearly show Holiday Lane and revise Watauga Road to Mid-Cities Boulevard as previously indicated, 5. 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 the Final Plat. 6. TITLE BLOCK The title block needs to be revised as shown, 7, SIDEWALKS The Zoning Ordinance requires sidewalks adjacent to all public streets, There are no existing sidewalks on Christy Court. P,Q, Box 820609· North Richland Hills, Texas' 76182-0609 7301 Northeast Loop 820 . 817-581·5521 . FAX 817-656-7538 Planning & Zoning Commission Page 2 December 1, 1997 This review was based on the replat submitted. The intention of this letter is to comment on items of significant importance to the general concept. As previously requested, the marked-up blue lines need to be returned with the next submittal. ~ J;r j,~ mm/pwm9720j cc: Kevin B. Miller, P.E., Assistant Public Works Director Ward Surveying Co., P.O. Box 820253, Ft. Worth, Texas, 76182-0253 City of North Richland Hills Public Works To: Julia W.Skare, P.E., Staff Engineer This letter confirms receipt of the comments letter on PS97-54, Fox Hollow Addition, Block 1, Lot 13Rl & l3R2. The following items will be addressed as follõws: 1. METES AND BOUNDS - graphic will be amended to conform with the metes and bounds description. 2. Easement Dedication - easement dedication will be amended to conform to the format required by the City of North Richland Hills. 3. ZONING - zoning shown as R5D will be amended to R4D to conform to the City zoning map. 4. VICINITY MAP - Vicinity map will be revised to show Holiday Lane' and change Watauga Road to Mid-Cities Blvd. 5. SIGNATURES - the signatures of the owners and the Surveyor will will be provided,on the final plat (mylars). 6. TITLE BLOCK - the title block will be moved to the location found on the check print. 7. SIDEWALKS - sidewalks adjacent to the property shown hereon will be addressed. wal~#~~ Registered Professional Land Surveyor No. 2014 Date /2-/ -97 . W' ARD SURVEYING ~ COMPANY P.O. BOX 820253 FORT WORTH. TEXAS 76182-0253 (817) 281-541' ,; Ni~H (?leaSè ;nr.t cr ~f::)e .ail r~s::::cns¿:)) APPLICATION FOR A REPLAT Cty of Nor,,"1 i'<J(:."1lac¡d Hills 7301 ,'lJor,,"1eas¡ l.x::> 320 North é<ic;l/and Hills, Texas P~poõed 5"bdi"",," 1'0 -f .] ¡p -1 317-531-5500 Current Legal Description: an-I Þ /3 !Ý 1 Iljocf( í Name and Address of Currenr ?roperty Owner: C (,~-r YóV~: / A 0 ¡JO¡( lJ{ Cð//~' ,~jþ Phone '-¡0fXt~r 2/,'1 'f]'f'-D7 ~e F/lS-7l-C¡-;' Name and '!'ddress of Developer' SáY"1~ as ¿z£t>-"'t? PI'10ne j\'Q Name and '!'ddress of Engineer. vv~~( ~urv'eyIY Co. Phone ,';06/1-:26'! -. C;f-! / Type of Development Being Proposec, D ~esidential :ç('DuPlex Residenrial o MF Residential D Commerr;ialllndustnal ,---¡ Other Application Fee: 1, Application Fee / 20. 0 0 7,Dn 2. Number of residential lots © S 1,50 per lot: ], Number of non-residentia/lots © 55,00 per acre 4, Number of street intersection signs @ S65,00 each 5, County plat filing fee: r;-ð'. D [) TOTAL FEE / ~I,()[) Date: / flllfl I hereby certtf'l that I am, or represent, the legal owner of the property descnbec above and do hereby s.Jbmlt this Replat to t.~e Planning and Zomng Commission for consideration, (Attach affidavIt WIt/'! all property owner's names wnen more than one owner t('volved ) Applicant's Phone No : J/f- f?f-D7lS g'/l S77-D/7f Print Name, Signature: OFFICE USE ONLY 'ase Number Taxes Paid wens Paid Assessments Paid REPLAT CD - 403 (2/96) CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 12/22/97 Subject: AQreement with Billy & Ernestine Graham Resolution No. 97-59 Agenda Number: GN 97-139 This Resolution authorizes the Mayor to execute the attached agreement between the City and the Grahams. The contract provides for the City to complete the Hightower Drive Project (KEF 3-389 & 3-390), the Graham Drainage Project (KEF 3-377, and the Calloway Branch Project (KEF 3-380). The Grahams will grant all needed rights-of-way and easements which they own, will pay $220,000 toward the Calloway Branch Project and $90,000 toward the Hightower Drive Project when their property is sold. If they sell before the projects are completed, the money will be placed in escrow awaiting completion of the projects. Recommendation: It is recommended that the Council pass Resolution No. 97-59 authorizing the Mayor to sign the Agreement. Finance Review Source of Funds: Bonds (GO/Rev.) \ Operating Bu --' Other Acct. Number Sufficient Funds Available Finance Di'eclor Page 1 of RESOLUTION NO. 97-59 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 AGREEMENT with Billy J. Graham and Ernestine Graham, a copy of which is attached hereto, as the act and deed of the City. PASSED AND APPROVED this 22nd day of December, 1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney STATE OF TEXAS § § COUNTY OF TARRANT § AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into between Billy J. Graham and wife, Ernestine Graham, (collectively "Graham") and the City of North Richland Hills, Texas (the "City"). WHEREAS, Graham is the owner of an approximate 80 acre tract in the City of North Richland Hills, Texas as more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, Graham and the City will both receive benefits from the City's planned drainage improvements to Calloway Branch and reconstruction of Hightower Drive, adjacent to the Property; and WHEREAS, the parties are entering into this Agreement to set forth their respective rights and obligations with respect to the matters set forth herein. NOW, THEREFORE, for and in consideration of the promises, undertakings and covenants of the parties hereto set forth in this Agreement, Graham and the City hereby agree as follows: 1. PROJECTS The City agrees to: (1 ) Construct and complete the Calloway Branch Drainage facility (the "Calloway Project") according to the plans dated January, 1996 entitled CALLOWAY BRANCH CHANNEL IMPROVEMENTS, SECTION B and numbered KEF Project No. 3-380 (the 1 "Calloway Plans"). The City agrees to start construction of said Calloway Project by March 1, 1998 and to complete the construction of the Calloway Project by September 15, 1999, all in accordance with the Calloway Plans. The City agrees that no material changes, additions, deletions or amendments will be made to the Calloway Plans or to the Calloway Project without the prior written consent of Graham. The City acknowledges and agrees that one of the primary benefits to Graham of the Calloway Project is the removal of substantially all of the Property from being in the 100 year flood plain except for up to 2 acres in the southeast comer of the Property contiguous to the Project. City agrees that the creek located in the Calloway Project will be concrete lined as part of the Calloway Project and that a chain link fence will be constructed along that portion of the Property adjacent to the Calloway Project. (2) Reconstruct Hightower Drive adjacent to the Property into a 49 foot concrete curb and gutter road pursuant to standard City specifications; said roadway to be built within a 68 foot right-of-way and to be completed by September 15, 1999 (the "Hightower Project"). (3) Grade the Property to drain from the northwest corner of the Property to the stock tank in the southwest corner of the Property, such work (the "Grading Project"), to be completed by the City by January 1, 1999. The Grading Project will be according to the plans dated December, 1995 shown on the plan profile sheet styled HIGHTOWER DRIVE PAVING AND DRAINAGE IMPROVEMENTS, OFFSITE CHANNEL, KEF Project No. 3-377 (the "Grading Plan"). The City agrees that no material changes, additions, deletions or amendments will be made to the Grading Plan or to the Grading Project 2 without the prior written consent of Graham. City agrees that City will seed with grass the area of the Property graded by the City as part of the Grading Project. All dirt removed in connection with the Drainage Project will remain the property of Graham and will be deposited on the property at a location designated by Graham, out of the 100 year flood plain. (4) The Calloway Project, the Hightower Project and the Grading Project are sometimes collectively referred to as the "Projects". The Calloway Plans, the Hightower Plans and the Grading Plans are sometimes collectively referred to as the "Plans". 2. DEDICATIONS (1) Graham agrees to dedicate by deed the property described on Exhibit D attached hereto (the "Hightower Row") for right-of-way for the Hightower Drive Street Project as shown on the Hightower Drive plans dated November, 1996, KEF Project Nos. 3-389 and 3-390 (the "Hightower Plans"). (2) Graham agrees to dedicate by deed the property described on Exhibit E attached hereto (the "Calloway Row") for the construction of the Calloway Branch Project as shown on the Calloway Plans. (3) The form and substance of the dedication deeds referred to above shall be prepared by the City and be reasonably acceptable to Graham. (4) Graham agrees to grant all reasonably necessary temporary construction and temporary slope easements in connection with the Projects, with the form and substance of the instrument granting such easement to be reasonably satisfactory to Graham. 3 (5) City agrees to repair and restore any damage caused to any of the Property in connection with any of the Projects. 3. PAYMENTS (1) Subject to the terms and conditions set forth herein, Graham agrees to pay to the City the sum of $220,000.00 (the "Calloway Payment") toward the cost of the Calloway Project, to be secured by a deed of trust in the form and substance as set forth on Exhibit B attached hereto and made a part hereof (the "Calloway Deed of Trust") covering the Property. Graham's obligation to pay the Calloway Payment is subject to the condition precedent that (i) the Calloway Project is completed on or before September 15, 1999, in accordance with the Calloway Plans and (ii) revised 100 year flood plain designation LOMR map, reasonably satisfactory to Graham and certified by the City Engineer, are delivered to Graham by the City on or before October 30, 1999 showing that all of the Property (other than not more than two (2) acres in the southeast corner of the Property contiguous to the Calloway Project) is not in a 100 year designated flood plain (the "Calloway Conditions Precedent"). If the Calloway Conditions Precedent are not timely satisfied, the Calloway Payment will be canceled, the Calloway Deed of Trust will be released immediately by the City and any monies held in the Calloway Escrow (defined below) will be paid to Graham by the Escrowee (defined below) on the 30th day after written notification to Escrowee and to City by Graham that the Calloway Conditions Precedent have not been satisfied timely. The obligation to pay the Calloway Payment will be a covenant running with the Property and binding upon the owner of the Property; 4 provided, however, Graham will be released from all liability to pay the Calloway Payment upon sale of the Property or if a portion of the Property is sold to a party unrelated to Graham, Graham will be released from a proportionate part of the Calloway Payment based upon the percentage of the Property sold in relation to the total amount of the Property. Upon completion of the Calloway Project, City agrees to issue lawful building permits for all or such portion of the Property as requested by the owner of the Property at such time. The Calloway Payment will not bear interest during the period beginning with the date of this Agreement and ending on the date that the Calloway Payment is due and payable as provided below (the "Calloway Interest Date"). If all or a portion of the Calloway Payment is not paid when due and payable, such portion of the Calloway Payment then due and payable will bear interest at an annual rate equal to the lesser of (i) eight percent (8%) per annum and (ii) the rate of interest that is charged by the City on similar obligations at the Calloway Interest Date from the date the unpaid portion of the Calloway Payment was due and payable until paid. Provided the Calloway Conditions Precedent are satisfied timely, the Calloway Payment will be due and payable upon (I) closing of the sale of all or any portion of the Property to a third party not related to Graham or (ii) the closing of a development loan on all or any portion of the Property; provided, however, if less than all of the Property is sold at anyone time to a third party not related to Graham or is subject to a development loan, the amount of the Calloway Payment due upon the closing of such sale or development loan shall be an amount equal to $2,820.00 times the number of acres out of the Property 5 then being sold or subject to the development loan (but in no event shall such amount be greater than the remaining balance of the Calloway Payment) and the City shall release such portion of the Property being sold or subject to the development loan from the Calloway Deed of Trust. If all or any portion of the Property is sold to a third party not related to Graham or is subject to a development loan prior to satisfaction of the Calloway Conditions Precedent, an amount equal to $2,820.00 times the number of acres out of the Property then being sold or subject to the development loan (the "Escrow Amount") will be escrowed with Rattikin Title Company of Fort Worth, Texas or such other title company selected by Graham ("Escrowee"), to be held in escrow until such time as the Calloway Conditions Precedent are satisfied timely. Upon written notification from Graham and City to Escrowee that the Calloway Conditions Precedent have been satisfied timely, an amount equal to the lesser of (i) the Escrow Amount and (ii) the Calloway Payment shall be due and payable and paid out of the Escrow Amount to the City as a payment on account of the Calloway Payment. If the Calloway Conditions Precedent are not satisfied timely, then on the 30th day after written notification from Graham to Escrowee and City that the Calloway Conditions Precedent have not been satisfied timely, Escrowee shall pay to Graham an amount equal to the Escrow Amount and all other amounts held in escrow. All interest earned on the Escrow Amount while held by Escrowee shall be paid to Graham at such time or times as requested by Graham. In the event that the Calloway Project is delayed by higher governmental authority (State or Federal) on account of a determination by such governmental authority that additional permits are required by the City for the Calloway Project, the date for completion of the Calloway Project set out above 6 will be increased by the number of days caused by the governmental delay. City agrees to use reasonable diligence in obtaining all required permits for the Calloway Project. (2) Subject to the terms and conditions set forth herein, Graham agrees to pay to the City the sum of $90,000.00 (the "Hightower Payment") toward the cost of the Hightower Project, to be secured by a deed of trust in the form and substance as set forth on Exhibit C attached hereto and make a part hereof (the "Hightower Deed of Trust") covering the Property. Graham's obligation to pay the Hightower Payment is subject to the condition precedent that the Hightower Project is completed on or before September 15, 1999, in accordance with the Hightower Plans (the "Hightower Conditions Precedent"). If the Hightower Conditions Precedent are not timely satisfied, the Hightower Payment will be canceled, the Hightower Deed of Trust will be released immediately by the City and any monies held in the Hightower Escrow (defined below) will be paid to Graham by the Escrowee (defined below) on the 30th day after written notification to Escrowee and City by Graham that the Hightower Conditions Precedent have not been satisfied timely. The obligation to pay the Hightower Payment will be a covenant running with the Property and binding upon the owner of the Property; provided, however, Graham will be released from all liability to pay the Hightower Payment upon sale of the Property to a party not related to Graham or if a portion of the Property is sold to a party not related to Graham, Graham will be released from a proportionate part of the Hightower Payment based upon the percentage of the Property sold in relation to the total amount of the Property. The Hightower Payment will not bear interest during the period beginning with the date of this Agreement and ending on the date that the Hightower Payment is due and payable as 7 provided below (the Hightower Interest Date"). If all or any portion of the Hightower Payment is not paid when due and payable, such portion of the Hightower Payment then due and payable will bear interest at an annual rate equal to the lesser of (i) eight percent (8%) per annum and (ii) the rate of interest that is charged by the City on similar obligations at the Hightower Interest Date from the date such unpaid portion of the Hightower Payment was due and payable until paid. Provided the Hightower Conditions Precedent are satisfied timely, the Hightower Payment will be due and payable upon (i) closing of the sale of all or any portion of the Property to a third party not related to Graham or (ii) closing of a development loan on all or any portion of the Property; provided, however, if less than all of the Property is sold at anyone time to a third party not related to Graham or is subject to a development loan, the amount of the Hightower Payment due upon the closing of such sale or development loan shall be an amount equal to $1,160.00 times the number of acres out of the Property then being sold or subject to the development loan (but in no event shall such amount be greater than the remaining balance of the Hightower Payment) and the City shall release such portion of the Property being sold or subject to the development loan from the Hightower Deed of Trust. If all or any portion of the Property is sold to a third party not related to Graham or is subject to a development loan prior to satisfaction of the Hightower Conditions Precedent, an amount equal to $1,160.00 times the number of acres out of the Property then being sold or subject to the development loan (the "Hightower Escrow Amount") will be escrowed with Escrowee, to be held in escrow until such time as the Hightower Conditions Precedent are satisfied timely. Upon written notification from 8 Graham and City to Escrowee that the Hightower Conditions Precedent have been satisfied timely, an amount equal to the lesser of (i) the Hightower Escrow Amount and (ii) the Hightower Payment shall be due and payable and paid out of the Escrow Amount to the City as a payment on account of the Hightower Payment. If the Hightower Conditions Precedent are not satisfied timely, then on the 30th day after written notification from Graham to the City and to Escrowee that the Hightower Conditions Precedent have not been satisfied timely, Escrowee shall pay to Graham an amount equal to the Hightower Escrow Amount and all other amounts held in escrow. All interest earned on the Hightower Escrow Amount while held by Escrowee shall be paid to Graham at such time or times as requested by Graham. (3) City acknowledges and agrees that Graham has no obligation to pay the City any amounts with regard to the Projects except as specifically set forth in this Agreement. (4) For purposes of this Agreement, the term "party not related to Graham" means any entity in which Graham (or either of them) does not own an interest as a shareholder, partner or member and which is not a party to the development of a housing or commercial project on the Graham Property. 4. EXHIBITS The following documents are attached hereto and made a part hereof: (1) Exhibit "A" is a description of the property. (2) Exhibit "B" is the form of the Deed of Trust securing the Calloway Payment. (3) Exhibit "C" is the form of the Deed of Trust securing the Hightower Payment. 9 (4) Exhibit "D" is the Hightower right-of-way to be dedicated. (5) Exhibit "E" is the Calloway Project right-of-way to be dedicated. All Exhibits shall be executed contemporaneously with the execution of this Agreement. 5. MISCELLANEOUS (1) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. (2) This Agreement shall be governed by the laws of the State of Texas. (3) Time is of the essence with regard to completion of the Projects. (4) City represents and warrants to Graham that this Agreement and the person signing this Agreement on behalf of the City have been duly authorized by the City Council of the City and constitutes a legal and binding obligation of the City and enforceable in accordance with its terms. SIGNED this day of ,1997. Billy J. Graham Ernestine Graham CITY OF NORTH RICHLAND HILLS, TEXAS By Tommy Brown, Mayor 10 STATE OF TEXAS § Acknowledgment COUNTY OF TARRANT § This instrument was acknowledged before me on the by Billy J. Graham and wife, Ernestine Graham. day ,1997, Notary Public, State of Texas STATE OF TEXAS § Corporate Acknowledgment COUNTY OF TARRANT § This instrument was acknowledged before me on the day I 1997, by Tommy Brown, Mayor of the City of North Richland Hills, Texas, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas After recording return to: City Secretary City of North Richland Hills P. O. Box 820609 North Richland Hills, TX 76182-0609 11 " CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 12/22/97 Subject: Ordinance No. 2266. Adult Entertainment Agenda Number: GN 97-140 The Ordinance in question is designed to regulate the businesses defined therein. It is not designed to infringe upon the First Amendment rights or other constitutional rights of anyone. Similar ordinances have been adopted by other Texas cities. We believe it to be constitutional, according to the most recent decisions. Recommendation: It is recommended that the Council pass Ordinance No. 2266. Finance Review Source of Funds: Bonds (GO/Rev.) ~ Operating Bu \ Other Acct. Number S . 'nt Funds AvaUable -em ~ead S~na ure ~rf~er CnYCOUNC~ACnON M Page 1 of Finance Drec:tor 1 Major Provisions of Adult Entertainment Establishment Ordinance 1. Definitions: ~ Establishment whose principal business relates to the service, or distribution of any items intended to bring sexual stimulation or sexual gratification to its customers. Includes: ~ Adult arcades ~ Adult bookstores ~ Adult video stores ~ Adult cabarets ~ Adult motels ~ Adult theaters ~ Adult motion picture theaters ~ Escort agencies ~ Nude model businesses ~ Sexual encounter centers 2. Locations: ~ Not within 1000 feet of: ~ Church ~ Public or private elementary or secondary school ~ Boundary of a residential district ~ Boundary of an entertainment district ~ Licensed day care center ~ Public park ~ A boundary line of a lot devoted to a residential use ~ Another adult entertainment center ~ An existing Adult Entertainment Establishment would have 3 years to conform to these restrictions. 3. Application for License: ~ Application for a license made to the Chief of Police. ~ Each and every applicant with 20% or more interest in the establishment must meet all qualifications and sign the application. ~ License fee of $125 per quarter ($500/year) must accompany the application. ~ Each quarter an abbreviated application required with $125 within 30 days of the end of the quarter ~ Applicant must be issued license within 30 days unless: ~ Establishment does not meet location restrictions, or ~ Applicant fails to supply all information, supplies false information, or ~ An Applicant is under 18 years of age, or ~ An Applicant or spouse is overdue on taxes, fees, or fines related to an Adult Entertainment Establishment, or 2 ~ An Applicant or spouse has been convicted of violating this ordinance within last two years, or ~ An Applicant or spouse has been convicted of one or more of the following crimes in the last 2-5 years, depending upon the nature and number of crimes: ~ Prostitution or promotion of prostitution ~ Obscenity ~ Sale or distribution of harmful material to a minor ~ Sexual performance by a child ~ Possession of child pornography ~ Public lewdness ~ Indecent exposure ~ Indecency with a child ~ Sexual assault ~ Incest ~ Solicitation of a child ~ Harboring a runaway child ~ Establishment must keep records in regards to employees, and must grant City Departments access to inspect all records, and the premises. 4. Revocation: License may be revoked under the following conditions: ~ Two or more occasions, in a twelve month period, any of the above crimes are committed and a conviction is later obtained ~ The Applicant(s) provided false information on their application ~ Licensee or employee knowingly allows sale, use, or possession of controlled substances ~ Licensee or employee knowingly allows prostitution on the premises ~ Licensee or employee knowingly allows sexual acts or sexual contact on the premises ~ Licensee is delinquent on City taxes 5. Some additional regulations: ~ Adult Cabaret: Employees in state of nudity can not touch customer or customers clothing, and customer can not touch employee or employee's clothing. ~ Nude Model Business: No beds, mattresses, or couches would be permitted except for a couch in a public reception area. 6.Enforcement: ~ Periodic Inspections will be made by Police, Fire, Health, and/or Building officials. Persons and establishments found to be in violation of this ordinance would be fined up to $2000 per incident. (Each day of operation would be counted as separate incidents) Ordinance Governing ADULT ENTERTAINMENT in the CITY OF NORTH RICHLAND HILLS TEXAS ORDINANCE NO. 2266 WHEREAS, the City Council finds that the passage of this Ordinance is necessary to protect the health, safety and general welfare of the citizens of this City; and WHEREAS, the City Council finds that the constitutional rights of all persons should not be infringed upon or violated; and WHEREAS, the City Council finds that the terms of this Ordinance will affectively regulate this Adult Entertainment industry without violation of civil rights. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that the following document is hereby passed as the ADULT ENTERTAINMENT ORDINANCE of this City. 1 ARTICLE I Section 1.01 Section 1.02 ARTICLE II Section 2.01 ARTICLE III Section 3.01 Section 3.02 ARTICLE IV Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 Section 4.07 Section 4.08 Section 4.09 Section 4.10 ARTICLE V Section 5.01 Section 5.02 Section 5.03 Section 5.04 Section 5.05 ARTICLE VI Section 6.01 Section 6.02 ADULT ENTERTAINMENT Table of Contents PURPOSE AND INTENT Adoption of Preamble Purpose and Intent DEFINITIONS Definitions LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Location Nonconforming Uses LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENTS License Required License Application License Issuance Inspection and Maintenance of Records Expiration of License Suspension Revocation Appeal Transfer of License Exemption from Location Restrictions ADDITIONAL REGULATIONS Additional Regulations for Adult Cabaret Additional Regulations for Escort Agencies Additional Regulations for Nude Model Businesses Additional Regulations for Adult Theaters and Adult Motion Picture Theaters Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos ENFORCEMENT Violation a Misdemeanor Defenses 2 ADULT ENTERTAINMENT ORDINANCE Article I PURPOSE AND INTENT Section 1.01 Adoption of Preamble The findings contained in the preamble of this ordinance are determined to be true and correct and are adopted as a part of this ordinance. Section 1.02 Purpose and Intent It is the purpose of this Ordinance to regulate Adult Entertainment Establishments to promote the health, safety, morals and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the concentration of Adult Entertainment Establishments within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Article II DEFINITIONS Section 2.01 Definitions A. For purposes of this ordinance, the word "he" shall be defined to include the word "she". B. Unless otherwise expressly stated, the following terms shall, for the purposes of this Ordinance, have the meanings indicated in this section. 1. Adult Entertainment Establishment means: a. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center; and/or b. Any establishment whose principal business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an 3 emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear in a state of nudity. c. The term "adult entertainment" shall not be construed to include: (1) Any business operated by or employing licensed psychologists, licensed physical therapists, registered nurses, licensed athletic trainers; (2) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; (3) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and does not exhibit merchandise on live models; or (4) Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school or public or private college or University. 2. Adult arcade means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." 3. Adult bookstore or adult video store means a commercial establishment which, as its principal business purpose, offers for sale or rental for any form of consideration anyone (1) or more of the following: a. books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or b. instruments" devices, or paraphernalia which are designed for use in connection with "specified sexual activities." This does not include items used for birth control or for prevention of sexually transmitted diseases. 4 4. Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features: a. persons who appear in a state of nudity; or b. live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or c. films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." 5. Adult motel means a hotel, motel or similar commercial establishment which: a. offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or b. offers a sleeping room for rent for a period of time that is less than ten (10) hours; or c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. d. Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two (2)or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the business is an adult motel. 6. Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photograph reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." 7. Adult Theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." 5 8. Church means a building, whether situated within the City or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief. 9. Customer means any person who: a. is allowed to enter an Adult Entertainment Establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or b. enters an Adult Entertainment Establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or c. is a member of and on the premises of an Adult Entertainment Establishment operating as a private club. 10. Employee means any person who renders any service whatsoever to the customers of an Adult Entertainment Establishment or who works in or about an Adult Entertainment Establishment and who receives compensation for such service or work from the operator or owner of the Adult Entertainment Establishment or from the customers therein. 11. Entertainment District means the Entertainment District, as set out in , or any subsequent resolutions or ordinances establishing the Entertainment District or Entertainment Overlay District. 12. Escort means a person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 13. Escort agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts its principal business purpose, for a fee, tip or other consideration. 14. Licensee means a person in whose name a license to operate an Adult Entertainment Establishment has been issued, as well as any and all individuals listed as applicants on the application for a license. 15. Licensed day care center means a facility licensed by the State of Texas, whether situated within the City or not, that provides care, training, education, custody treatment or supervision for more than six (6) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less 6 than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers. 16. Nude model business means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. 17. Nudity or a state of nudity means: a. The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or b. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast. 18. Operated or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated an Adult Entertainment Establishment whether or not that person is an owner, part owner, licensee or manager of the establishment. 19. Person means an individual, proprietorship, partnership, corporation, association or other legal entity. 20. Principal means over fifty percent (50%) of customers, volume of sales, stock in trade, display areas or presentation time in any three (3) month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including those that are identical, considered a separate title or object. 21. Regularly means featuring, promoting or advertising a happening or occurrence on a recurring basis. 22. Residential district means a residentially zoned district as defined in the "Zoning" Ordinance of the Code of the City of North Richland Hills, Texas. 23. Residential use means a single family, townhouse, duplex, mobile home or multiple family use as defined in the "Zoning" Ordinance of the City of North Richland Hills, Texas. 24. Sexual Encounter Center means a business or commercial enterprise that, as its principal business purpose, offers for any form of consideration: 7 a. physical contact in the form of wrestling or tumbling between persons of the opposite sex; or b. activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity. 25. Specified anatomical areas means human genitals in a state of sexual arousal. 26. Specified sexual activities means and includes any of the following: a. the fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks, anus or female breasts; b. sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy or bestiality; c. masturbation, actual or simulated; or d. excretory functions. Article III LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 3.01 Location A. An Adult Entertainment Establishment shall be located within a specific zoning district as set forth in the "Zoning" Ordinance of the City of North Richland Hills, Texas. B. A person commits an offense if he establishes, operates or causes to be operated or expanded an Adult Entertainment Establishment within 1,000 feet of: 1. a church; 2. a public or private elementary or secondary school; 3. a boundary of a residential district; 4. a boundary of the Entertainment District as defined in this Ordinance; 5. a licensed day care center; 6. a public park; or 8 7. the property line of a lot devoted to a residential use as defined in this section. However, if there is a controlled access highway between the district boundary/property line and the Adult Entertainment Establishment, the Adult Entertainment Establishment must be at least five hundred (500) feet from such district boundary/property line. C. A person commits an offense if he establishes, operates or causes to be operated or expanded an Adult Entertainment Establishment within 1,000 feet of any other Adult Entertainment Establishment. D. A person commits an offense if he establishes, operates or causes to be operated or expanded an Adult Entertainment Establishment in any building, structure or portion thereof containing another Adult Entertainment Establishment. E. For the purposes of Subsection 8, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as tenant space occupied for an adult entertainment establishment to the nearest property line of the premises of a church, public or private elementary or secondary school, licensed day care center, or to the nearest boundary of an affected public park, residential district, Entertainment District or residential lot. F. For purposes of Subsection C of this section, the distance between any two (2) Adult Entertainment Establishments shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall of the tenant space occupied as applicable. Section 3.02 Nonconforming Uses A. Any Adult Entertainment Establishment lawfully operating prior to the effective date of this ordinance, that is in violation of Section 3.01 shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three (3) years from the effective date of this ordinance, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more Adult Entertainment Establishments are within 1,000 feet of one another and otherwise in a permissible location, the Adult Entertainment Establishment which was first established and continually operating at a particular location is the conforming use, and the later-established business(es) is nonconforming. 9 B. Notwithstanding anything contained herein to the contrary, the License and Amortization Appeal Board may extend the amortization period hereinabove provided to a reasonable period of time for any nonconforming Adult Entertainment Establishment upon a showing by a particular business that without an extension it will be unable to recoup its investment in the nonconforming structure. 1. Any nonconforming Adult Entertainment Establishment which desires an extension must register with the License and Amortization Appeal Board as a nonconforming use no later than June 15, 1998, and must file an application for an extension of the amortization period not later than July 15, 1998. Requests for an extension of the amortization period shall be limited to one (1) application with the License and Amortization Appeal Board. 2. Section 3.02(B) shall not apply to any establishment which has undergone a change in ownership since the effective date of this ordinance. C. An Adult Entertainment Establishment lawfully operating as a conforming use after the effective date of this ordinance is not rendered a nonconforming use by the location, subsequent to the commencement of operation of the Adult Entertainment Establishment, of a church, public or private elementary or secondary school, public park, licensed day care center, Entertainment District, residential use or residential zoning district within 1,000 feet of the Adult Entertainment Establishment. ARTICLE IV LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENT Section 4.01 License Required A. A person commits an offense if he operates or causes to operate an Adult Entertainment Establishment without a valid license, issued by the City for the particular type of business. B. An application for a license must be made on a form provided by the Chief of Police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6") . C, The applicant must be qualified according to the provisions of this Ordinance. D. If a person who wishes to operate an Adult Entertainment Establishment is an individual, he must sign the application for a license as applicant. If a person who 10 wishes to operate an Adult Entertainment Establishment is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 4.03, and each applicant shall be considered a licensee if a license is granted. E. The fact that a person possesses other types of State or City permits does not exempt him from the requirement of obtaining a license for an Adult Entertainment Establishment. F. The provisions of this article shall apply to existing Adult Entertainment Establishments beginning ninety(90) days after the effective date of this ordinance. Section 4.02 License Application A. Any person, association, firm, Partnership or corporation desiring to obtain an Adult Entertainment Establishment license shall make application on a form provided by the or his designee. B. All applications for a license under this article shall be accompanied by a quarterly, nonrefundable application fee. The annual fee is Five Hundred Dollars ($500.00), which shall be divided into quarterly payments. Each payment shall be for One Hundred Twenty-Five Dollars ($125.00), and this payment shall be made with the application submitted prior to operating the adult business for that quarter. For subsequent quarters, the applicant must resubmit an abbreviated application form, to be provided by the City, at least thirty (30) days before the expiration date of the quarter in which the business is operating. An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted. The fee of One Hundred Twenty Five Dollars ($125.00) shall be due regardless of the time of commencement of operations within any given quarter. There shall be no prorating of the required fee for an adult entertainment business that begins operations within a quarterly period. Section 4.03 License Issuance A. The Chief of Police shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application, unless the Chief of Police finds one (1) or more of the following to be true: 1. The location of the Adult Entertainment Establishment is or would be in violation of Article III of this Ordinance. 2. The applicant failed to supply all of the information requested on the application. 11 3. The applicant gave false, fraudulent or untruthful information on the application. 4. An applicant is under eighteen (18) years of age. 5. An applicant or applicant's spouse is overdue in payment to the City of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to an Adult Entertainment Establishment. 6. An applicant or an applicant's spouse has been convicted of a violation of a provision of this Ordinance, other than the offense of operating an Adult Entertainment Establishment without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. 7. The license fee required by this article has not been paid. 8. The applicant has not demonstrated that the owner of the Adult Entertainment Establishment owns or holds a lease for the property or the applicable portion thereof upon which the Adult Entertainment Establishment will be situated or has a legally enforceable right to acquire the same. 9. An applicant or the proposed establishment is in violation of or is not in compliance with Sections 4.04 or 4.09 of this article. 10. An applicant or an applicant's spouse has been convicted of a crime: a. Involving: (1 ) Any of the following offenses as described in Chapter 43 of the Texas Penal Code: (a) Prostitution; (b) Promotion of prostitution; (c) Aggravated promotion of prostitution; (d) Compelling prostitution; (e) Obscenity; (f) Sale, distribution or display of harmful material to a minor; 12 (g) Sexual performance by a child; (h) Possession of child pornography; (2) Any of the following offenses as described in Chapter 21 of the Texas Penal Code: (a) Public lewdness; (b) Indecent exposure; (c) Indecency with a child; (3) Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; (4) Incest, solicitation of a child or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; or (5) Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; b. For which: (1) Less than two (2) years have elapsed since the date of conviction, or the date of release from the terms of probation, parole or deferred adjudication or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) Less than five (5) years have elapsed since the date of conviction, or the date of release from the terms of probation, parole or deferred adjudication or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (3) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination misdemeanor offenses occurring within any twenty-four (24) month period. B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. 13 C, An applicant who has been convicted or whose spouse has been convicted of an offense listed in Section 4.03(A) (10) (a) may qualify for an Adult Entertainment Establishment license only when the time period required by Section 4.03(A)(10)(b) has elapsed. D. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the Adult Entertainment Establishment. E. The license shall be posted in a conspicuous place at or near the entrance to the Adult Entertainment Establishment, so that it may be easily read at any time. Section 4.04 Inspection and Maintenance of Records A. An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department and Building Inspections Division to inspect the premises of an Adult Entertainment Establishment for the purpose of ensuring compliance with the law at any time it is occupied or open for business. B. A person who operates an Adult Entertainment Establishment or his agent or employee, commits an offense if he operates the establishment without maintaining a current list of all employees employed by the business, along with a complete updated application. A valid driver's license, state identification card or passport, all with a photo, shall be required for all employment applications. C. A person who operates an Adult Entertainment Establishment, or his agent or employee, commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business. D. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. Section 4.05 Expiration of License A. Each license issued after January 1, 1998, shall expire on a quarterly basis. A quarter shall be a calendar quarter, dividing the year into three (3) month increments, beginning with January, February and March as the first quarter. All Adult Entertainment licenses issued or renewed under this ordinance must reapply thirty (30) days prior to the expiration of the quarter in which the business is currently operating. B. A license may be renewed by submission to the Chief of Police or his designee of an application on the form prescribed by such official and payment of a nonrefund- 14 able renewal processing fee of Five Hundred Dollars ($500). C. Application for renewal shall be made at least thirty (30) days before the expiration date. Section 4.06 Suspension A. The Chief of Police shall suspend a license for a period not to exceed thirty (30) days if he determines that a licensee or an employee of a licensee has: 1. Violated or is not in compliance with Sections 3.01, 4.04(B) or 4.09 of this Ordinance; 2. Engaged in public intoxication while on the Adult Entertainment Establishment premises; 3. Refused to allow an inspection of the Adult Entertainment Establishment premises as authorized by this article; or 4. Knowingly permitted gambling by any person on the Adult Entertainment Establishment premises. B. When the Chief of Police is authorized to suspend a license under this section, he shall give the licensee the opportunity to pay a reinstatement fee of Two Hundred Dollars ($200) rather than have the license suspended. 1. Payment of this reinstatement fee shall be considered an administrative admission of the violation. However, this shall not be used as an admission of guilt in a criminal prosecution under this Ordinance. 2. If the licensee does not pay the reinstatement fee before the expiration of the third working day after notification, he loses the opportunity to pay it, and the Chief of Police shall impose the suspension. 3. Each day in which a violation is permitted to continue shall constitute a separate cause for suspension. Section 4.07 Revocation A. The Chief of Police shall revoke a license if a cause of suspension in Section 4.06 occurs and the license has been suspended or a reinstatement fee paid within the preceding twelve (12) months. B. The Chief of Police shall revoke a license if he determines that: 15 1. A licensee gave false or misleading information in the material submitted to the Chief of Police during the application process; 2. A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; 3. A licensee or an employee has knowingly allowed prostitution on the premises; 4. A licensee or an employee knowingly operated the Adult Entertainment Establishment during a period of time when the licensee's license was suspended; 5. A licensee has been convicted of an offense listed in Section 4.03(A) (10) for which the time period required has not elapsed; 6. On two (2) or more occasions within a twelve (12) month period, an employee of the establishment committed in or on the licensed premises an offense listed in Section 4.03(A) (10) for which a conviction has been obtained. 7. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code; or 8. A licensee is delinquent in payment to the City for hotel occupancy taxes, ad valorem taxes or sales taxes related to the Adult Entertainment Establ ishment. C. The fact that a conviction is being appealed shall have no effect on the revocation of the license. D. Section 4.07(B) (7) does not apply to adult motels as a ground for revoking the license, unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view. E. When the Chief of Police revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued an Adult Entertainment Establishment license for one (1) year from the date revocation became effective. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under Section 4.07(B)(5), an applicant may not be granted another 16 license until the appropriate number of years required under Section 4.03(A)(1 0) has elapsed. Section 4.08 Appeal A. If the Chief of Police is authorized to deny the issuance of a license, or suspend or revoke a license, the Chief of Police shall give written notice to the applicant or licensee of such intention. 1. The notice shall provide that the denial of issuance, suspension or revocation shall take effect at the expiration of the third working day after notification, unless the licensee provides a written response to the Chief of Police before the expiration of the third working day. 2. If a written response from the applicant or licensee is received by the Chief of Police before the expiration of the third working day, the suspension, denial of issuance or revocation will be stayed pending a decision by the Chief of Police. The Chief of Police shall review the response before the rendering of a decision. 3. The Chief of Police shall give written notice of this decision to the applicant or licensee. 4. The decision by the Chief of Police is effective immediately and final pending any appeal. 5. Notice shall be deemed delivered by hand delivery to a licensee, owner or employee of the establishment or by a posting of the notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. Such notice shall be mailed to the address listed in the license application for receipt of notice. B. Upon receipt of written notice of the denial, suspension or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to an appropriate court. C. An appeal to the appropriate court must be filed within thirty (30) days after the receipt of notice of the decision of the Chief of Police or decision of the License and Amortization Appeal Board, as applicable. D. The licensee shall bear the burden of proof in court. Section 4.09 Transfer of License A. A person commits an offense if he transfers his license to another person or 17 operates an Adult Entertainment Establishment under the authority of a license at any place other than the address designated in the application. B. A person commits an offense if he counterfeits, forges, changes, defaces or alters a license. Section 4.10 Exemption From Location Restrictions A. If the Chief of Police denies the issuance of a license to an applicant because the location of the Adult Entertainment Establishment is in violation of Section 3.01, and such establishment was in operation on the effective date of the ordinance, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the locational restrictions. B. If the written request is filed with the City Secretary within the ten (10) day limit, a License and Amortization Appeal Board shall consider the request. The City Secretary shall set a date for the hearing within sixty (60) days from the date the written request is received. If a timely request is so filed, the existing license is deemed not to have expired until the decision of the Board on such request. C. There shall be created a License and Amortization Appeal Board. It shall have the powers described in Section 3.02(B) and the power to rule upon the appropriate disposition of applications for exemption from the location restrictions for Adult Entertainment Establishments. 1. The City Council shall, by majority vote, appoint a Board chairperson and four (4) other members to the License and Amortization Appeal Board. 2. Board members shall be appointed to two years staggered terms. 3. All Board members shall be residents of the City of North Richland Hills, Texas. D. The License and Amortization Appeal Board may grant an exemption from the location restrictions of Section 3.01, if it makes the following findings: 1. That the location of the Adult Entertainment Establishment will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; 2. That the location of the Adult Entertainment Establishment will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; 18 3. That the location of the Adult Entertainment Establishment in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of urban renewal or restoration; and 4. That all other applicable provisions of this Ordinance will be observed. F. In making the findings specified in Section 4.1 O(E), the panel shall take into account among other things: 1. Crime statistics of the location and its 1,000 foot radius maintained by the appropriate law enforcement agency for the previous six (6) month period; 2. Tarrant Appraisal District appraisals for the location and its 1,000 foot radius, taking into account any decline or increase in property values; 3. Vacancy rates of residential, commercial or office space within the surrounding 1,000 foot radius; and 4. Any evidence regarding the award or denial of any public or private grants for neighborhood conservation, urban renewal or restoration for any property located within a 1,000 foot radius. G. The panel of the Board shall grant or deny the appeal by a majority vote. Failure to reach a majority vote approving the appeal shall result in denial. Disputes of fact shall be decided on the basis of a preponderance of the evidence. A decision by a panel of the License and Amortization Appeal Board shall be considered as a final action by the Board. H. If the panel grants an exemption to the location restrictions, the exemption is valid for one (1) year from the date of the panels action. Except as provided in Section 4.10(B), the Adult Entertainment Establishment is in violation of the location restrictions of Section 3.01 until the applicant applies for and receives another exemption. I. If the panel of the Board denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the panel's action. J. The grant of an exemption does not exempt the applicant from any provisions of this Ordinance other than the location restrictions. Article V ADDITIONAL REGULATIONS 19 Section 5.01 Additional Regulations for Adult Cabaret A. An employee of an adult cabaret, while appearing in a state of nudity, commits an offense if he touches a customer or the clothing of a customer. B. A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity or clothing of the employee. C. A licensee or employee commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms. Section 5.02 Additional Regulations for Escort Agencies A. A person commits an offense if he employs at an escort agency any person under the age of eighteen (18) years. B. A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years. Section 5.03 Additional Regulations for Nude Model Businesses A. A person commits an offense if he employes at a nude model business any person under the age of eighteen(18) years. B. A person under the age of eighteen (18) years commits an offense if he appears in a state of nudity in or on the premises of a nude model business. It is a defense of prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. C. A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model business premises which can be viewed from the public right-of-way. D. A person commits an offense if he places or permits a bed, sofa or mattress in any room on the premises of a nude model business, except that a sofa may be placed in a reception room open to the public. E. A licensee or employee commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms. 20 Section 5.4 Additional Regulations for Adult Theaters and Adult Motion Picture Theaters A. A person commits an offense if he knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. B. A person under the age of eighteen (18) years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. C. It is a defense to prosecution under subsections (A) and (B) of this section if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. Section 5.05 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos A. A person who operates or causes to be operated an Adult Entertainment Establishment, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: 1. Upon application for an Adult Entertainment Establishment license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however each diagram should be oriented to the north, or to some designated street or object, and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (611). The Chief of Police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. 2. The application shall be sworn to be true and correct by the applicant. 3. No alteration in the configuration or location of a manager's station may be made without the prior approval of the Chief of Police or his designee. 21 4. The licensee commits an offense if he permits a manager's station to be unattended by an employee at any time a customer is present on the premises. 5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any customer is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. 6. The licensee commits an offense if he permits access to a customer of any area of the premises that is not visible from the manager's station for any purpose, excluding restrooms. 7. The owners, operator and any agents and employees present on the premises shall ensure that the view area specified in Subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any customer is present in the premises, and to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to Subsection (1) of this section. 8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level. 9. The licensee commits an offense if he permits illumination of any area of the premises to which customers have access to be less than one (1.0) footcandle. Article VI ENFORCEMENT Section 6.01 Violation a misdemeanor Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not to exceed Two Thousand Dollars and No Cents ($2,000.00) 22 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 6.02 Defenses A. It is a defense to prosecution under Sections 3.01, 4.01 and 5.03 that a person appearing in a state of nudity did so in a modeling class operated: 1. By a proprietary school licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation; 2. By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college or university supported entirely or partly by taxation; or 3. In a structure: a. which has no sign or other advertising visible from the exterior of the structure indicating a nude person is available for viewing; and b. where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and c. where no more than one (1) nude model is on the premises at any one (1) time. B. It is a defense to prosecution under Sections 3.01 and 4.01 that said item of descriptive, printed, film or video material offered for sale or rental: 1. Taken as a whole, contains serious literary, artistic, political or scientific value; and 2. when taken as a whole, does not appeal to the prurient interest in sex. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage. PASSED and APPROVED this 22nd day of December, 1997. APPROVED: Tommy Brown, Mayor 23 ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney 24 MAR-06-98 FRI 04:27 PM CENTRAL FILING 817 656 7530 P.01 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 6.02 atdensef¡ A. It Îs a defense to prosecution under Sections 3.01, 4.01 and 5.03 that a person appearing in a state of nudity did so in a modeling class operated: 1. By a proprietary school licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation; 2. By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college or university supported entirely or partly by taxation; or 3. In a structure: a. which has no sign or other advertising visible from the exterior of the structure indicating a nude person is available for viewing; and b. where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and c. where no more than one (1) nude model is on the premises at any one (1) time. B. It is a defense to prosecution under Sections 3.01 and 4.01 that said itam of descriptive, printed, film or video material offered for sale or rental: 1. Taken as a whole, contains serious literary, artistic, political or scientific value; and 2. when taken as a whole, does not appeal to the prurient interest in sex. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage. PASSED and APPROVED thís 22nd day of December, 1997. APPROVED; ~~_. Tommy BrOW~MaYOr -----..I 23 MAR-06-98 FRI 04:28 PM CENTRAL FILING 817 656 7530 P.02 ATTEST: .~.i~ Patricia Hutson, City Secretary 24 CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 12/22/97 Subject: Order to Cease Use of Building to be given to OK SOD, Inc.; Agenda Number: GN 97-141 Resolution No. 97-60 The injunction in the case by OK SOD, Inc. vs. City NRH, allows the City to give notice to cease use of the temporary building by providing six weeks notice to the plaintiff. This Resolution states the City's position to require the cessation of use of the temporary building. Recommendation: It is recommended that the Council pass Resolution No. 97-60. Source of Funds: Bonds (GO/Rev.) Operating Budget _ "--_.. Other Acct. Number Sufficient Funds Available Finance Director Page 1 of RESOLUTION NO. 97-60 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Attorney be, and is hereby, authorized to give notice to the plaintiff in the following case: No. 048-171528-97 OK SOD, INC., Plaintiff vs. City of North Richland Hills, Defendant, to cease use of the 440 square foot trailer used by plaintiff in connection with its business on Lot 18C, Blk 18, Clearview Addition to the City of North Richland Hills, Tarrant County, Texas (5102 Davis Boulevard). PASSED AND APPROVED this 22nd day of December, 1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney CITY OF NORTH R/CHLAND HILLS Department: Economic Development Council Meeting Date: 12/22/97 Subject: Public HearinQ for Consideration of Application Agenda Number: for Tax Abatement by H&M Food Systems Company, Inc. Ordinance No. 2265 Resolution No. 97-57 GN 97-142 On April 8, 1997, H&M Food Systems Company, Inc. submitted an application to the City for tax abatement of $12.1 million in expansion and improvements to its food processing plant and annex building at 6350 and 6301 Browning Court. Staff has since prepared a Feasibility Study (IR 97-161) as stipulated in the City's Guidelines and Criteria for Granting Tax Abatement. The Feasibility Study verifies substantial economic impact and recommends adoption of the abatement. Significant findings of the Study include: ~ Retaining 235 employees and adding 200 new employees. The new positions will increase H&M's payroll by $5.3 million--and will also provide the indirect benefit of an additional 400 jobs in other industries. ~ Increasing the City's personal property values by $4.8 million (with the addition of machinery and equipment which is ineligible for abatement), which will immediately provide $27,360 in new property tax revenues for the City. '- ~ Abating $12.1 million (of the total $16.9 million total) in building expansion and improvements at 100% per year for five years. RECOMMENDATION City staff recommends that Council hold the required Public Hearing and act on the following items: 1. Approval of Ordinance No. 2265 designating a reinvestment zone pursuant to Section 312.401 of the Texas Property and Redevelopment Act. 2. Approval of Resolution No. 97-57 approving the application of H&M Food Systems Company, Inc. and authorizing the City Manager to execute the Abatement Contract in accordance with the Guidelines and Criteria For Granting Tax Abatement in Reinvestment Zones Created in the City of North Rich/and Hills. Finance Review Acct. Number Sufficient Funds Available FI.....œ Director Page 1 of ORDINANCE NO. 2265 WHEREAS, the City of North Richland Hills City Council has determined that the economic well-being of the City of North Richland Hills is of primary concern, and; WHEREAS, Chapter 312, Texas Tax Code, known as the Texas Property Redevelopment and Tax Abatement Act, provides that the City of North Richland Hills has the authority to create reinvestment zones within the City for the purpose of economic development, and; WHEREAS, on March 24,1997 and September 22,1997, the City of North Richland Hills City Council, by resolution, established certain guidelines and criteria governing tax abatement agreements and indicated the desire of the City of North Richland Hills to remain eligible to participate in tax abatement agreements, and; WHEREAS, H&M Food Systems Company, Inc. has requested the designation of a reinvestment zone for the purpose of tax abatement of real property belonging to H&M Food Systems Company, Inc. for the purpose of economic development as defined under the Texas Property Redevelopment and Tax Abatement Act, and; WHEREAS, on the 15th day of December, 1997, notice was published in the Fort Worth Star-Telegram stating that a public hearing would be conducted by the City of North Richland Hills City Council on the 22nd day of December 1997, to consider the request of H&M Food Systems Company, Inc. to have the property herein described in Exhibit "A" as a reinvestment zone, and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the terms of the agreement and the properties subject to the agreement as presented to the City of North Richland Hills by H&M Food Systems Company, Inc. meet the applicable guidelines and criteria adopted by the City Council as of March 24, 1997 (and amended September 22, 1997), and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the creation of a reinvestment zone for the above stated property would be a benefit to the said property and the development anticipated to occur in the proposed zone would contribute to the economic development of the City of North Richland Hills, and; WHEREAS, it is the finding of the City Council of the City of North Richland Hills that the designation of the reinvestment zone would contribute to the retention or expansion of primary employment within the City of North Richland Hills, Texas, and; Page 2 WHEREAS, it is the finding of the City Council of the City of North Rich/and Hills that the designation of the reinvestment zone would attract major investment in the zone. BE IT THEREFORE ORDAI NED that the City Council of the City of North Rich/and Hills hereby designates as a reinvestment zone the property herein described in Exhibit "A" pursuant to the authority contained in Section 312.401 of the Texas Property Redevelopment and Tax Abatement Act. Passed in open session of the City Council this 27th day of October, 1997. Tommy Brown, Mayor City of North Richland Hills, Texas ATIEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Marty Wieder, Director of Economic Development APPROVED AS TO FORM & LEGALITY Rex McEntire, City Attorney Exhibit A œ ~ I : = ~~ i ¡ ~~~ "1& ¡:1.:_iI '~;i i H f .1 b ! ! -,nLZ 'M-",(O.l , å:o '" o '" . ;.., 00 ON "'''' " , <r:-' ~. '0 N <0 '" Ie '" z ;i ~ o <0 '" Ie '" z . ./ ~~ ~~ ./ ~~ ;;::;::: ~~ "'/1 I/) ::::: :::::: :::::: :::::: :::::: ;:::; .o"ça 'At.,;O':¡ N .OO'OL ¡ ·"".<;1.<;0.0 N ,lQ'09l ''''',<;0.0 N RESOLUTION NO. 97 - 57 WHEREAS, the economic viability of the City of North Richland Hills depends on the City's ability to attract new investment through the location of new industry and the expansion of existing industry, and; WHEREAS, the creation and retention of job opportunities that result from new economic development is the highest civic priority, and; WHEREAS, the Texas Property Redevelopment and Tax Abatement Act authorizes cities that have adopted "guidelines and criteria" for the designation of reinvestment zones for purposes of tax abatement to participate in such tax abatement, and; WHEREAS, the City of North Richland Hills City Council readopted such Guidelines and Criteria by resolution on March 24,1997 and amended them on September 22,1997, and; WHEREAS, the City of North Richland Hills City Council has designated Lots 3-R-1 and A-R, Block 3 of the Industrial Park Addition on maps submitted to the City by H&M Food Systems Company, Inc. as a reinvestment zone, and; WHEREAS, H&M Food Systems Company, Inc. has requested tax abatements for improvements to be constructed in the reinvestment zone, and; WHEREAS, the planned property improvements will have an estimated total value of $16,900,000 and H&M Food Systems Company, Inc. will retain the full-time equivalent of 235 employees and hire the full-time equivalent of a minimum of 200 additional employees at the facilities on which taxes will be abated, and; WHEREAS, the City Council finds that the request for tax abatement by H&M Food Systems Company, Inc. meets the applicable City Guidelines and Criteria, adopted March 24,1997 (and amended September 22,1997), and requirements of the Texas Property Redevelopment and Tax Abatement Act, and; WHEREAS, the City Council finds that the approval of the proposed tax abatement will not have a substantially adverse effect on the provision of government services or tax base, that the applicant has sufficient financial capacity to carry out the project, that the planned use of the property does not constitute a hazard to public safety, health or morals, and that the planned use of the property does not violate other codes or laws, and; Page 2 WHEREAS, the City Council has held a public hearing in compliance with the City Guidelines and Criteria to provide other affected jurisdictions with an opportunity to show cause to the City Council for denying the application for tax abatement by H&M Food Systems Company, Inc. and that no such cause was demonstrated, and; WHEREAS, H&M Food Systems Company, Inc. has agreed to meet certain additional requirements and provisions of abatement guidelines and criteria of Tarrant County and any other local taxing entity which chooses to grant such an abatement. NOW, THEREFORE BE IT RESOLVED that the City of North Richland Hills City Council does hereby approve the application by H&M Food Systems Company, Inc. for tax abatement associated with the improvements described in its application for such abatement, dated April 8, 1997 (and amended December 9, 1997), and; BE IT FURTHER RESOLVED that the City of North Richland Hills City Council does hereby authorize the City Manager to execute the contract and other documents, as necessary, to implement an agreement for the abatement of taxes on $12.1 million of H&M's investment in accordance with the City Guidelines and Criteria. Passed by the City Council this 22nd day of December, 1997. Tommy Brown, Mayor City of North Rich/and Hills, Texas ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Marty Wieder, Director of Economic Development APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Subject: Approve Naming of Neighborhood Park at Glenview and Dawn - Ordinance No. 2267 Council Meeting Date: 12122/97 Agenda NumberßN 97-143 Department: Parks and Recreation Department In June of 1996 the Parks and Recreation Board recommended the name "Glenview Park" for the neighborhood park located at Glenview and Dawn Drive in North Richland Hills. The City Council approved that recommendation in August of that same year. Recently some Council members suggested renaming the park in honor of Linda Spurlock Sansoucie. Mrs. Spurlock-Sansoucie served as a City Councilwoman for 10 years and during her term in office was a very strong advocate and supporter in the dramatic growth of our parks and recreation system. This suggestion was carried to the Parks and Recreation Board, and it was the consensus of the board to call a meeting on Monday, December 15, 1997 to discuss this proposal. Chairman Don Tipps, Lorraine Miller, Bobbie Lambert, Rick Work and alternate John Pen a were in attendance and voted unanimously to recommend to the City Council to consider renaming "Glenview Park" as "Linda Spurlock Park". There was considerable discussion regarding park facility naming procedures and policies which will be further addressed as an agenda item on the next regularly scheduled Park Board meeting. RECOMMENDATION: It is recommended that City Council approve Ordinance No. 2267. Attachment Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Sufficient Funds Available c ~ ~~~-r- Department Head Signature CITY COUNCIL ACTION ITE ~ Fin.....:. DIrecIOf ì Page 1 of / ORDINANCE NO. 2267 WHEREAS, during her tenure on the City Council of this City, Linda Spurlock was a leading spokesperson for park projects and beautification efforts of the City; and WHEREAS, the Park and Recreation Board has considered her service and efforts in behalf of better parks and recreation services for the citizens of this City; and WHEREAS, said Board has considered the guidelines and procedures for naming park facilities and has recommended that the new park facility at 6400 Glenview Drive should be named in honor of former Councilperson Spurlock. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The park facility located at 6400 Glenview Drive in the City of North Richland Hills be, and is hereby, named "LINDA SPURLOCK PARK". PASSED AND APPROVED this 22nd day of December, 1997. APPROVED: Tommy Brown, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Human Resources Council Meeting Date: 12/22/97 Agenda Number: GN 97-144 Department: Subject: Approval of Compensation Plan Market Adjustment In 1996 City Council adopted a resolution to attempt to compensate City employees at a market competitive level in order to retain and attract quality individuals. As part of this resolution, an annual survey of benchmark positions is conducted. Human Resources conducted a survey of the ten designated area cities using thirty-one benchmark positions from all pay plans. Eleven positions were selected from the Civil Service pay plan, eleven from the Appointed pay plan and all ranks of the fire and police pay plan were surveyed. The market analysis compared the benchmark positions from our pay plans against similar positions from other area cities. Comparisons were made on the maximum of each benchmark position pay range. The analysis evaluated the percentage difference between the North Richland Hill's pay range maximum and the average of the ten area city pay range maximums for each benchmark position. The average percent difference for all pay plans was 1.85%. The second factor in the market analysis is the Consumer Price Index (C.P.I) for the Dallas/Fort Worth area from October 1996 to October 1997. The C.P.I. for this period was 1.4%. Using these two figures, we are proposing the following weighted formula for the recommended adjustment to all employee pay plans: "- Percentaae Cateaorv Multiplier Value 60% 40% Market Difference X 1.85 C.P.I. X 1.4 1.11 .56 Combined Value 1.67% It is recommended that this figure be rounded to 1.7%. Sufficient funds were approved in the 1997/1998 Operating budget. Recommendation: It is recommended that the City Council approve a 1.7% market adjustment increase to all Employee Compensation Plans to be effective the first payroll period beginning January 3, 1998. Increases will be reflected on the payroll received January 22, 1998. Co103 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Acct. Number Various Sufficient Funds Availa Ie FlnMce Olrec:lOt Page 1 of CITY OF NORTH RICHLAND HILLS - Department: Police Department Council Meeting Date: 1 ?-??-~7 Subject: ~i~~~~~~ ~~~ho~~~f~~~I~~5/ ð~rre~b:o~ll~M~j~7 68 Agenda Number: PU 97-112 The North Richland Hills Police Department has identified a need for more extensive training of its personnel in the areas of firearm skills and lethal force judgement training. Firearms' training with live ammunition improves officers' skills, but it can only be conducted at certain times and locations due to safety and nois~ constraints. Firearms training with live ammunition also typically neglects another training concern in the realm of judgement; whether or not to fire a weapon at all in consideration of such things as target identification, safety to bystanders and other mitigating circumstances. Firearm simulators address both the improvement of firearms handling skills as well as the development of judgement skills without the concerns associated with the use of live ammunition. Firearms training simulators have been available for agency purchase for several years, but their exorbitant $40,000.00 to $60,000.00 cost made them unavailable to many agencies unless cooperative purchase agreements were arranged between several agencies. Euless, Bedford and Grapevine co-own a Cinetronics Firearms Judgement Simulator Unit purchased by them through a cooperative agreement, and have invited North Richland Hills to purchase a quarter share of the system. The total cost to North Richland Hills for this purchase is $11,795.00, representing a savings of $27,885.00 off the original purchase price. Funds for this purchase are currently available. Recommendation: It is recommended that the City Council approve Resolution No. 97-58 authorizing the City Manager to sign the Agreement authorizing the purchase of a twenty-five percent share of the simulator in the amount of $11 ,795.00 from Euless, Bedford and Grapevine. Finance Review Acct. Number Ô3-80-0o..6500 Sufficient Funds Available I'IMnot 0.- Source of Funds: Bonds (GO/Rev.) rating Budget _ "-'--, th r ad Signature CITY COUNCIL ACTION Page 1 of FISCAL YEAR 1997-98 BUDGET AMENDMENT SUMMARY SPECIAL INVESTIGATION FUND ADOPTED REVISED BUDGET PROPOSED BUDGET FY 1997/98 CHANGES FY 1997/98 REVENUES Federal Forfeited Funds $40,000 $40,000 State Forfeited Funds 1,000 1,000 Interest Income 14,000 14,000 MDT Reimbursements 163,233 163,233 AFIS Reimbursements 29,806 29,806 Radio System Reimbursements 136,708 136,708 Appropriation of Fund Balance 0 0 Other Income 0 0 TOTAL REVENUES $384,747 $0 $384,747 EXPENDITURES Debt Service - MDT's $0 $0 Loan Payment to General Fund 47,840 47,840 Motor Vehicle Maintenance 1,305 1,305 MDT Maintenance 125,000 125,000 Motor Vehicles 0 0 AFIS Maintenance 0 0 Radio Maintenance 156,129 156,129 Telephone Service 272 272 MDT Equipment 0 0 Other Equipment 0 $11,795 11,795 AFIS Equipment 16,744 16,744 Prior Year Expenditures 0 0 Reserve for Forfeited Funds 0 0 Other Expenses 0 0 TOTAL EXPENDITURES $347,290 $359,085 BALANCE $37,457 $25,662 RESOLUTION NO. 97-58 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached agreement with Euless, Bedford and Grapevine authorizing the purchase of an interest in a Cinetronics Firearms Judgment Simulator Unit, as the act and deed of the City. PASSED AND APPROVED the 22nd day of December, 1997. APPROVED: Tommy Brown - Mayor AnEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire - Attorney for City STATE OF TEXAS ) ) ) AGREEMENT COUNTY OF TARRANT This Agreement, made and entered into by and between the City of Euless, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Euless," the City of Bedford, a municipal corporation located in Tarrant County, Texas, hereinafter called "Bedford," the City of Grapevine, a municipal corporation located in Tarrant County, Texas, hereinafter called "Grapevine" and the City of North Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter called "North Richland Hills," evidences the following: WHEREAS, The lnterlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization for any local government to contract with one or more local governments to perfonn governmental functions and services under the tenn ofthe Act; and WHEREAS, North Richland Hills, Euless, Bedford and Grapevine desire to enter into an Agreement at the request of North Richland Hills for North Richland Hills to purchase a one-fourth share of a Cinetronics Firearms Judgment Simulator Unit hereinafter called "Simulator," presently owned, maintained and controlled by Euless, Bedford and Grapevine, and WHEREAS, the Agreement shall provide equal access to the Cinetronics Fireanns Judgment Simulator Unit by all participants of this Agreement; and WHEREAS, it is mutually advantageous to all parties to enter into the arrangement evidenced by this Agreement; NOW, THEREFORE, the parties in consideration of the tenns and conditions contained herein, agree as follows; The responsibility of each government entity is outlined as follows: I. North Richland Hills, Euless, Bedford and Grapevine hereby agree: 1. That the Simulator is presently owned by the cities of Euless, Bedford and Grapevine for use on a cooperative timeshare basis by their respective police departments. The cost to North Richland Hills to purchase one-fourth (25%) ownership of the Simulator from Euless, Bedford and Grapevine shall be computed by observing the original purchase price of $44,680.00, less the $7,500.00 total cost oflaser conversions to pistols owned by Euless, Bedford and Grapevine at the time of the Simulator's original purchase, divided by four. 2. That North Richland Hills agrees to make separate one-time payments of $3,098.33 to the individual cities of Euless, Bedford and Grapevine, each payment being one-third of the quarter share of the original purchase price, less the aforementioned laser conversions to pistols owned by Euless, Bedford and Grapevine at the time of the Simulator purchase. The $9,295.00 total of the $3,098.33 payments made by North Richland Hills to Euless, Bedford and Grapevine constitutes payment in full to the cities of Euless, Bedford and Grapevine for one-fourth (25%) ownership of the Simulator by North Richland Hills. 3. That North Richland Hills will make separate payment directly to the Caswell International Corporation for the laser conversion to a pistol owned by North Richland Hills, which is required for operation with the Simulator. 4. That North Richland Hills, Euless, Bedford and Grapevine will each have rights of use and possession of the Simulator for periods of time six weeks in duration, in rotating order of turn, twice per calendar year. The prescribed order of turn will be compatible with the established order currently being used by Euless, Bedford and Grapevine, with the addition of North Richland Hills to the end of the rotation. 5. That costs for maintenance and repair to the Simulator will be shared equally by Euless, Bedford, Grapevine and North Richland Hills, unless such damage or need for repair was caused by a specific agency's failure to operate, store or transport the Simulator in a safe, secure and responsible manner. 6. That North Richland Hills, Euless, Bedford and Grapevine shall each own one-fourth property interests in the Simulator and are entitled to ownership equally to that extent. 7. That this Agreement must be specifically authorized independently of any other Agreement. Should any other city department of any of the participating municipalities enter into any future Interlocal Agreements, this Agreement must specifically be repealed if any conflict is found to exist. ll. North Richland Hills, Euless, Bedford and Grapevine each authorize the provisions described in this Agreement. m. It is understood by all parties that the intent of this Agreement is to provide state-of-the-art simulated firearms judgment training to all four cities' sworn police officers at a cost that is greatly reduced from what any single agency would spend in providing this same training benefit on its own. IV. Each City does hereby waive all claims against and agrees to release every other City, its police department, officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attorney's fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the performance of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any City, its officials, agents, officers and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. It is expressly undèrstood and agreed that, in the execution of this Agreement, no City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. v, This Agreement shall be in full force and effect when signed by participating agencies on an individual basis. This Agreement shall remain in full force and effect, on an individual basis, until terminated by any party with thirty days written notice to the others or until all parties mutually agree to change or modify the tenns of this Agreement. CITY OF NORTH RICHLAND HILLS CITY OF EULESS City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary Chief of Police Chief of Police CITY OF BEDFORD CITY OF GRAPEVINE City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary Chief of Police Chief of Police This Agreement is executed on the day of 1997. CITY 0 F NORTH RICHLAND HILLS __ Department: Human Resources Council Meeting Date: 12/22/97 Agenda Number: PU 97-113 ''-- Subject: Approve Contract Renewal with UPS Prescription Services The City's prescription plan services are provided by United Provider Services. The renewal for these services is required January 1, 1998. The rates will remain the same at 50 cents per prescription. The contract renewal date is being changed to October 1, 1999 in order to coincide with the City's health claims administration services. Recommendation: It is recommended that the City Council renew the contract with United Provider Services with the contract renewal date effective October 1, 1999. "- Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other f\ "- Finance Review Acet. Number Uarious Sufficient Funds Available FlnenCIII DlreC10t Signature CITY COUNCIL ACTION Page 1 of CITY OF NORTH RICHLAND HILLS Department: Human Resources Council Meeting Date: Subject: Approval of Contract Renewal with ProAmerica the PPO Agenda Number: 12/22/97 PU97-114 The City's preferred provider network (PPO) contract with ProAmerica needs to be updated to reflect the changes in the health claims administrators occurring on January 1, 1998. The contract will be updated to reflect ETC as the City's new health claims administrator, access fees through ProAmerica will remain the same. The contract renewal ~ate will be October 1, 1998. Recommendation: It is recommended that the City Council renew the contract with ProAmerica Managed Care, Inc. with the contract renewal date effective October 1, 1998. , . ',,- Source of Funds: Bonds (GO/Rev.) Operating Budget _ o r Finance Review Acct. Number Uarious Sufficient Funds Available ture CITY COUNCIL ACTION l'1Mnoe DlrectOf '''--.- Page 1 of CITY 0 F NORTH RICHLAND HILLS Department: Inform;:¡tion Services Council Meeting Date: 12/22/97 Subject: Award Bid for Parks & Recreation Software Contract to ESCOM in the amount of $ 47,015.00 and file server & operating system from DIR for $12,000.00 Agenda Number: PU 97-116 At the January 23, 1995 Council meeting, Council approved and adopted the computer needs assessment. Significant improvements are needed for the General Services and Public Safety computer systems. To comply with the computer needs assessment, one goal within the Information Services 3- Year Plan is to upgrade the hardware and software for the General Services computer systems. The need to upgrade these systems is driven by the Year 2000 problems associated with our existing software, as well as the need to add new systems, increase current system functionality and provide integration across several departments and divisions. The Accord Group was hired by the City (PU 96-40) to develop a Request for Proposals, (Proposal #96-697) and was sent to various vendors. Bids were opened and the following vendors responded to the General Services RFP: 1) HTE, Inc. 3) Creative Computer Solutions 5) New World Systems 7) ESCOM (Parks & Recreation only) 2) Bi-Tech Software 4) J.D. Edwards 6) Computer City 8) SCT An internal committee was formed to review and evaluate the proposals and was comprised of management level personnel from the Finance, Parks & Recreation, Human Resources, Planning & Inspections, Public Works, Support Services and Information Services Departments as well as City Administration. The proposals were distributed to the applicable departments who performed a detailed analysis of each proposal. Based on the information provided from the RFP's, four finalists were selected and on-site demonstrations were conducted from the following vendors: - 1. Creative Computer Solutions 2. HTE 3. ESCOM 4. SCT Finance Review Source of Funds: Acct. Number 10-01-1 R·6000 Bonds (GO/Rev.) Sufficient Funds Available Operating Budget L "-r ~th.~ (.), ¡¿ ,_ ~ ~ ~artrtlen~ Signature CITY COUNCIL ACTION Ftnance O.,ecto, Page 1 of ? CITY OF NORTH RICHLAND HILLS After the analysis was performed, the Parks & Recreation Department selected ESCOM for an existing customer site visit at the City of Garland, Texas, one of several sites in the Metroplex. ESCOM was the unanimous choice of the Parks & Recreation Department. ESCOM will provide all hardware and software needed with the exception of the file server and operating system. Information Services has elected to provide the file server and operating system in order to comply with existing network standards. The total cost for hardware, software, training and services with ESCOM is $47,015.00. The file server and operating system will be purchased from DIR and is quoted at $12,000.00. The ESCOM system includes program registration, facility booking, point of sale, membership management/pass management, demographics and training for these modules. The ESCOM system will also integrate with the previously purchased HTE financial system. Recommendation: It is recommended the City Council authorize Staff to enter into an agreement with ESCOM for the Parks & Recreation software and to purchase the required file server and operating system. \-- \..- CITY COUNCIL ACTION ITEM Page 2 of 2 GENERAL FUND CAPITAL IMPROVEMENTS General Services Parks & Recreation Computer System 10-01-18-6000 PROJECT DESCRIPTION This project involves the Park & Recreation computer system. This involves providing all hardware and software needed with the exception of the file server and operating system, This project also involves training on the system. PROJECT STATUS Beginning Ending Date Date Installation 2/98 10/98 FINANCIAL DATA , I I Funding Source I i Transfer from IS I i I Amount to I I Date I $0 I I Remaining I Budget ¡ Total Project Cost Adopted Budget Change to Budget Revised Budget i ¡ $59,0151 Ii $59.015 I I $0 ¡ $0 $59,015 I I I I i i Total I $Oi $59,015 ! $0 $59.015 i i $0 I $59.015 ¡ Project Expenditures i I I i I i I I I $01 I i Hardware & Software $0 $43,015 $0 $43.015 $43,0151 Training I 0 16,000 01 $16,000 ! OJ 16,000 I i ! I I I [Total I $0 $43,015 I $0 $59,015 i I $01 $59,015 i I ~ I IMPACT ON OPERATING BUDGET Included in Information Services operations. Ii II II Ie ¡Projected Annual I L~ 2001/2002 $0 11998/1999 $01 199912000 I 2000/2001 $0 I $0 CITY OF NORTH RICHLAND HILLS Department: Information Services Council Meeting Date: 12/22/97 Subject: Award Bid for Municipal Court Software Contract to INCODE in the amount of $ 52,720.00 & file server and operating system from DIR for $12,000.00 Agenda Number: PU 97-117 At the January 23, 1995 Council meeting, Council approved and adopted the computer needs assessment. Significant improvements are needed for the General Services and Public Safety computer systems. To comply with the computer needs assessment, one goal within the Information Services 3- Year Plan is to upgrade the hardware and software for the Public Safety computer systems. The need to upgrade these systems is driven by the Year 2000 problems associated with our existing software, as well as the need to add new systems, increase current system functionality and provide integration across several departments and divisions. The Accord Group was hired by the City (PU 96-40) to develop a Request for Proposals (Proposal #96-697) and was sent to various vendors. Bids were opened and the following vendors responded to the Public Safety RFP: 1) HTE, Inc. 3) Tiburon 5) New World Systems 2) PCSS 4) INCODE 6) Computer City An internal committee was formed to review and evaluate the proposals and was comprised of management level personnel from the Police, Fire, Court, Finance, Support Services and Information Services Departments as well as City Administration. The proposals were distributed to the applicable departments who performed a detailed analysis of each proposal. Based on the information provided from the RFP's, three finalists were selected and on-site demonstrations were conducted from the following vendors: 1. INCODE 2. PCSS - 3. Tiburon Finance Review Source of Funds: Acct. Number 10-01-R1-nOOO Bonds (GO/Rev.) Sufficient Funds Available Operating Budget X- '-. OJ - "- ~.f.?';'~{,gnature ~ , CITY COUNCIL ACTION Finance O.,..ctOt Page 1 of ? CITY OF NORTH RICHLAND HILLS After the analysis and demonstrations were performed, the Municipal Court selected INCODE for an existing customer site visit at the City of Humble, Texas. INCODE was the unanimous choice of the Municipal Court. INCODE will provide all hardware and software needed with the exception of the file server and operating system. Information Services has elected to provide the file server and operating system in order to comply with existing network standards. INCODE will also provide data conversion, training and other services. The total cost for hardware, software, training and services with INCODE is $52,720.00. The file server and operating system will be purchased from DIR and is quoted at $12,000.00. The INCODE system will provide increased functionality, will standardize citation entry, corrects existing financial problems such as bond refunds, and provides improved docket control and payment. Additionally it provides an interface with the Department of Public Safety for electronic reporting and has forms processed internally which will reduce the overall printing costs. The INCODE system will also interface directly to the Police and Financial computer systems. Recommendation: It is recommended the City Council authorize Staff to enter into an agreement with INCODE for the Municipal Court software and to purchase the required file .,--- server and operating system. '--, CITY COUNCIL ACTION ITEM Pa(Je 2 of 2 GENERAL FUND CAPITAL IMPROVEMENTS General Services Court Computer System 10-01-81-6000 PROJECT DESCRIPTION This project involves the Court computer system, The project entails providing all hardware and software needed with the exception of the file server and operating system, The project also involves providing data conversion, training and other services. PROJECT STATUS Beginning Ending Date Date Installation 2/98 10/98 FINANCIAL DATA ¡ i , , ' , I Total II il Ii I ~ Ii Ii I, Ii II I Ii IMPACT ON OPERATING BUDGET 11 111 I Included in Information Services operations. Amount to i i I I' , Funding Source Adopted Change to Revised I I Remaining I Project I i i Date Budget Budget Budget I I Budget I Cost I I~- I , ¡ ~ I I Certificates of Obligation $0 II $64,720 $0 $64,720 II $0 I $64,720 I I I I I I I ¡ ~oml SO! $64,720 $01 $64,720 ¡ $01 $64,~ Project Expenditures I I I Hardware & Software $0 $60,420 $0 $60,420 $0 $60,420 i ! Conversion 0 4,300 1 0 $4,300 0 4,300 ¡ I I I I I ¡Total $0: $60,420 $0 I $64,720 I : $0 $64,720J I r Projected Annual I , 1997/1998 $0 1998/1999 $0 1999/2000 ¡ SO! 2000/2001 I 2001/2002 HI,! $0 i $0, I .~I CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 12/22/97 PU 97-118 Subject: Award Bid for Cabinet/Counter Cnn~trlldinn :1nn In~t:1l1:1ti~enda Number: to Team Design in the Amount of $6,600 In the 1997/98 approved budget, Council appropriated funds for replacement and addition of cabinets/counters in several areas. Formal bids were solicited and the results are outlined below. Team Design E11Ø:º Dwayne Young & Company $9,564 Cabinets and counters will be constructed and installed in the Jail, Police Department women's shower, Utility Billing and at the Auto Pound. Team Design met all the general conditions and specifications of the bid and can complete the project in 120 days. ',- Recommendation: It is recommended City Council award the bid for cabinet/counter construction and installation to Team Design in the amount of $6,600. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number 06-01-02-3020 Sufficient Funds Available Ignature CITY COUNCIL ACTION Finance Director Page 1 of The following companies requested a bid package, but did not respond: 1 . The Source Construction Service 2. Jerry' Cabinets 3. D & L Cabinets :- CITY OF NORTH RICHLAND HILLS Department: Finance / Support Services Council Meeting Date: 12/22/97 Subject: Award Bid for Miscellaneous FIAdri('~1 anri light FixhJrA Agenda Number: PU 97-119 Replacement to Able Electric in the Amount of $12,806 In the 1997/98 approved budget, Council appropriated funds for miscellaneous electrical work and light fixture replacement. Formal bids were solicited for work to be performed at Municipal Court, Police Department sally port and canopy, and the Fire Station #3 storage building and flag pole. The results are outlined below. Hentzen Electric (disqualified) $12,210 Groves Electrical (disqualified) $12,604 Able Service Company 11:g¡:~a Zachry Electric $15,800 The bid submitted by Hentzen Electric did not include a copy of proof of insurance and '".- Groves Electrical did not submit the bid security as required by the specifications. The bid submitted by Able Service Company met all the general conditions and specifications of the bid and they can complete the project in twenty-one days. They have worked on City projects in the past and performed quality work and met the completion schedules. Recommendation: It is recommended City Council award the bid for miscellaneous electrical and light fixture replacement to Able Service Company, the lowest qualified bidder, in the amount of $12,806. Source of Funds: Bonds (GO/Rev.) Operating Budget ::>ther Finance Review 13-70-07 -6000 Finance OIr.ClO, Page 1 of The following companies requested a bid package, but did not respond: 1 . Dickey Electric 2. Ed's Electric Service CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Subject: Approve 1997/98 City Street Overlay Program Agenda Number: 12/22/97 PW 97 -26 The CIP Committee and staff are proposing for the 1997/98 program the City overlay the 12 streets shown on the attached list with a 2-inch asphalt overlay. The streets have been selected by eliminating the streets to be reconstructed in the bond program and prioritizing the remaining streets by their "condition rating". The streets were then personally reviewed in the field by the Public Works Director and the Street Superintendent. Please note Keeter Drive and Winnell Way are shown to have their pavement removed and " replaced, rather than just an overlay. The existing pavement on these streets is a multitude of patches and will not provide a good foundation for a 2-inch overlay. The estimated cost for the subgrade repairs, partial curb and gutter replacement, asphalt milling, and 2-inch asphalt overlay is $366,137.43. Sufficient funds are available in the 1997/98 Permanent Street Maintenance Fund (22-60-01- 4890) and in the 1997/98 Overlay Repair account (01-60-04-3100). Recommendation: The CIP Committee and staff recommend that City Council approve the 1997/98 City Street Overlay Program. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Oth r Acct. Number Sufficient Funds Available 22-60-01-4890 01-60-04-3100 Finance Director Page 1 of a a a "" '" m N '" "" "" "" M a a '" '" '" "" N r--- a "" "" '" r--- OJ ori a r--- M ori cri "" c¡j r--- "'1 '" ,~ r0- m > a "" "" 0 m "" r0- c¡;¡ 0 m "" M m ~ N. 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I ~....'.....- :,...: , ; .....'<. ~ Gll ENV I EW DR:-~ . ,,' ~ Xi \'I~. -11-[ 11·1"·,:- , _.18: i_.f'I.¡~ ----..:jJ-~"1 - -"-;-" ·'t \.. -, I I ~;., .-. . ,i \.. ,I _, '" -----,--, '..... '", II-- "~...,- :~ . -'(, ': -1/ I !~~ ";~, 1997/98 ;!). '~('-o7DJT( Ä~'" City Street Overlay Program ~~ r"Y1 I '1 0 f) I ¡:Æ- .:.u,.Ü.0-.r '- --X N@RTH 'ÎS~ ,/ /'/ RICHLAND '-ll V,.;:.f HI L LS ,.., w*, . , '-" I, , , , ,- =l r Legend: Timber Drive 2 - Keeter Drive 3 - Post Oak Drive 4 - Spring Meadow 5 - Odell Street 6 - Terry Drive 7 Circle Drive 8 - Dublin Court 9 - Camelot Court 10 - Nevada Trail 11 - Winnell Way 12 - Acts Court / / '':' 2 D~:J,.,r~:"'!"';~nl 'jf rj""f".~"!~inn S~··.··'-:~~ ~....,........:"'.... - ·,,'....r.........;........ ~ :.._.......~ ,. '" Rating Street 31 Suebury Way GLTïr.1~ 35 Snider Street 47 Cardinal Lane 47 Shady Grove Road 50 T~urist Drive 50 Wyoming Trail 51 Eden Road 52 Grove Street 52 Lazy Lane Road Gi Keete~ 53 Rumfield Road 54 Kir.< Lane 5ò 3wrsey R~ad SOuth 5ò Mackey Onve 55 Rufe Snow Drive 58 Meadow Road 53 Shady Grove Road 56 Tumer Onve 59 Clal HlctJins Road 59 ':an~~a Dnv~ 59 ~.Iaple Screet 59 Ony. Dnve NO~H 50 Conn Onve 50 Swsan Lee Lane 51 Ar-.~ur Drive '51 Conn Oriv~ 52 ::Cen Road 52 ,~lJf~ Snow DrI'Ie 63 N'=!wman DrÎve ~ --.... ':)J P:¡s: Oak Onv:; 6J R::¡ss Road 54 Maplewood A'/enue ~ SWing~ 66 Amwneson Dnve ~~ '56 Rufe Snow Onve ~ ,,--66 T e:ry Dnve--> 67 8nley Dnve Ci~ Cork Lane G7 67 CITY OF NORTH RICHLAND HILLS Street Inventory 1997 Rating - Surveyed January 1997 Streets Rated Between 0 and 72 From Street 6469 Little Rancl, Road 8637 Deadend 6500 Main Street 90JJ Cardinal Lane 8100 Franklin Court 6000 Bewley Street 5100 Grapevine Highway 7400 Rumfield R~ad 4828 Lazy Lane 8000 Colorado Soulevare 4412 Deadend 6800 Eden Road 9500 PreCinct Line Road 7955 Smithfield Read 4400 Bnley Onve 7400 Starnes R~ad 6900 Hightower Dnve 8400 E Of Indian K.1ol1 ira,1 8200 DavIs Soulevar,c 8800 Clrl Limits 7700 127' East of Rober-..] Dnve 4808 Lazy Lane Road '5600 Rufe Snow Drive 7900 Ashmore Dnve 5200 Lola Onve 7800 SmIthfield Road 7900 Keeter Dnve 7109 Marti Lane 7600 N Of North Park Dnve 8000 Davis Boulevard 7000 Briarwood Drive 6000 Davis Boulevare 7700 Roberta Drive 5500 Meadow Park N 8908 W Of Wal:er Roae 8336 E Of Davis Boulevarc 7600 N Of Highlawn Terrace 7600 College Circle Court S 7100 Blaney Avenue 7600 Culdesac 5600 St Patrick Street To Street 6300 Ocr:¡"!;st;í ¡rail 8605 Davis 30ulevard 6500 Deaeend 8500 Mar-Jn Drive 7500 Sml:t1lield Road 5600 Oenten Highway 4800 Cwldesac 7224 Eden Road 4800 Culeesac 7900 Ash Screet 4200 GlenvleY< Dnve 8400 DavIs 30wlevard 7500 Kjrk Read 7800 Bursey Road 4 100 Glen",ew Dnve 7100 Fair Meadows Onve 6700 Chaprr-an Dnve 3100 Fran.ltn COur. 7;00 180' E Of Smlt~~eld Road 3500 Shaey Grove Reae noo Rooer-.a Onve 4300 Beeforc ::uiess Read 6200 Dawn Onve 7300 Boot., Calloway Road 51 CO MaplewCOd Avenue 7300 Oeader.d 7900 Ashmore Onve 7000 Amund:s.::n Onve 7100 Stames Read 79CO Smrtnfi~e ¡:¡~ad 6900 Hewlrt Onve 59CO 200' N of College Crr::e 7500 Abby Rea( 5500 Meadow Park S 3400 Amunc~n ¡:¡oad 8200 Davis Boulevard 7600 N Of Nor-., Park Dnve 7500 NOr1h Ri~ and Boulevard 6900 Vance Road 7600 Susan l~ lane SõCO Emerald Hills Way Page Thursday, October 23, 1997 /i -! ~"5-"'Y·"""--'·I·'''':'-''~../--:::; 1998 Proposed Overlay Proqram " 1994 CIP Sond . No Curb/Gu!!er / 1 996 Recondition No Curb/Guner No Curb/Guner . No CUrb/Gutter / 1996 Recondition 1994 CIP Bond 1994 CIP Bond 1997 City Overlay (Comple!ed) 1994 CIP Bond 1994 CIP Bond ReconCltion (Comple!e-;:) . 1996 Recondition 1994 CIP Bond NO CurblGur:er No CurblGur:er 5110 Year C'ry Overlay Recondition --- --~- 1994 CIP Bond NO CUrb/Guner NO CurblGur:er 1997 City Overlay (Not COmole!ec) No Curò/Gut:er suo Year City Overlay ___.. 1994 CIP Bone ¡:¡econdl~on (Comple!e-:) 1997 Clry Over1ay (Nor Complete( ) 1997 City Overlay (Completed) 1994 CIP Bond No Curb/Gutter 1994 CIP Bond 1997 City Overlay (Completed) 1994 CIP Bond No Curò/Guner . SIT 0 Year City Overlay 11998 Olfer1ay Prrvate Road 1994 CIP Olfer1ay · 5/1 0 Year City Overlay / 1998 Over1ay No Curb/Gutter · 1996 Overlay 1994 CIP Band · 1996 Over1ay 1994 CIP Bond · 1996 Over1ay 1997 City Over1ay (Completec ) CITY OF NORTH RJCHLAND HfllS Street Inventory 1997 Rating - Surveyed January 1997 Streets Rated Between 0 and 72 Page 2 Thursday, October 23, 1991 Rating Street From Street To Street 1998 PrOcosed Overlay PrOQram 67 Cross:imbers Lane 7300 Starnes Road 7100 Ridge:op ,~oad 1997 City Overlay (Completed) 67 Riviera Drive 7100 Blaney Avenue 7000 Vane¿ Road 1994 CIP Bond 67 Rufe Snow Drive 5700 RJR Tracks 5100 NOrlheast Loop 820 ISTEA 53 Bob Drive 5200 Harwood Road 5200 Clark Street 1997 City Overlay (Completed) ~ Dublin ~ 5500 Emerald Hills Way 5500 Culdesac . 1998 Overlay 53 Holiday Lane E 4700 Riviera Drive 4500 Blaney Avenue 1997 Clrl Ovenay 63 Rule Snow Drive 5100 NOr1heast Loop 820 4800 Shauna onve 1994 CIP Bond 59 ROberta Drive 7500 Lola Drive 5000 Clenis Lane 1994 CIP Bond 69 Rufe Snow Drive 5200 Mid Ci~es Boulevard 5700 RJR Tracks ISTEA 69 Ulster Drive 3100 Newman Dnve 7900 Irish Onve 5/10 Year Cty Overlay Program (Paroal Comp/ebon) G ~ 6212 Culdesac 5200 Diamond Loc.'1 W . 1996 Ovenay Camelot CourI J 70 Galway Lane 5500 Emerald Hills Way 5420 Galway Lane 5/10 Year City Overlay Recondition --.-- 70 Hightower Drive 7400 Meadow Creek Road 5300307' West of Cross~mbers 1994 CIP Bond G Nevada ~ Lane 4900 India Trail 4600 Bedford Euless Road ' 1996 Overlay 70 Ridgetop Road 5 700 Cross~mbers Lane 5700 Rufe Snow Drive 5/10 Year Clrl Overlay 70 SL Pamck Street 8200 Newman Drive 8200 Cork Lane 5/10 Year City Overlay -_.._- 7! Ash Street 4300 Grapevine Highway 4800 Culdesac 1994 CIP Bond Reconel~on 71 Bo!.;lder Cour1 5505 Culdesac 5500 Boulder Dnve 5/10 Year CIIY Overlay ì 1 3!.;Ci< Str~t 7700 Hewitt Drive 7500 oeadend 5/10 Year City Overlay ----------- ìI Colorado Boulevard 5200 Harwood Road 5000 Grapevine HIghway 5/10 Year Clrl Overlay 71 Douglas Lane 7124 Douglas Lane 7000 Hlçhtower on"e No Curt¡¡Gu::er 71 Kar~n Onv'! 5700 Redonea Street 5700 Rufe Snow Dnve 1997 CIIY Overlay (Completed) 71 Shac:y Hollow Cour1 7421 Culdesac 7400 Starnes Road 5/10 Year Clrl Overlay --.----.- - ì 1 SIT'I:J'1/ield Road 3100 NOrlh Tarrant Parkway 80eO Bursey Road No Curb/Gucrer 72 3nfey Dnve 6ÕOO Rufe Snow DMe 5533 Lariat Trail 5/10 Year City Overlay RecondJ~on -- 72 C'''ar1es Street 3500 Onyx Drive S 3500 Rlchland Pla.:a No Curb/Gutter 72 Cross~mbers Lane 7500 NOrlh Park Drive 7400 Stames Road 5/1 a Year Clrl Overlay 72 Cross~mbers Lane 7eOo Ridgetop Road 7000 Hightower Dnve 5/10 Year Clrl Overlay -- 72 OIC:ham Place 7200 Buckingham TraoJ 7100 Yarmou:J'1 A"!!nue 5/10 Year City Overlay -- 72 ?'jf¿ Snow Ori,,~ 4300 Shauna On,,!! 42aO I,He Dnve 1994 CIP Bond 72 '¡alley View Dnve 9000 Crane Road 6500 Marlin Dnv,? No Curb/Gut:er G£w;'~~ ß-¿ ~ ~~~ CITY OF NORTH RICHLAND HILLS Street Inventory 1997 Rating - Surveyed January 1997 Streets Rated Between 0 and 72 Page 3 Thursday, October 23, 199ì Rating Street From Street To Street 1998 PrODosed Overlav Proaram Summary of Street Lenath Based On Rating Condition Rating <= 50 : Summary of Street Lenoth Based On TVD~ 16,050 ' Hot Mix Asphalt Concrete (HMAC) : 72,452 ' Condition Rating 51-69 : 62,917 . Concrete (CONC) : Condition Rating 70-80 : 22.710 ' Penetration (PEN) : 29,225 ' Condition Rating 81,90: Dirt (DIRT) : Condition Rating 91,100 Bar Ditch: 36,850 ' Total Length of Streets: 101,677 ' 19,25 miles) Average Condition Rating Based on Street Length: 61,11 CITY OF NORTH RICHLAND HILLS Department: Public Works Approve Installation of Sidewalk on Harwood Road Subject: from Northridge Boulevard east to Tiffin Drive Agenda Number: 12/22/97 PW 97 -27 Council Meeting Date: At the recent Town Hall Meeting, an inquiry was made by Mr. Don Waldrop (5309 Tiffin Drive) as to why sidewalks have not been installed along certain sections of Harwood Road. The sections in question are located adjacent to 7813 Harwood Road and next to 5300 Tiffin Drive and 5301 Northridge Boulevard (see attached map). Mr. Waldrop has inquired about this issue previously. It has been discussed by the CIP Committee at the March 25, 1992 and May 26, 1992 meetings and more recently at the December 9, 1997 CIP Meeting. The pedestrian traffic has increased along this section of Harwood Road since 1992. As property along Harwood Road continues to develop, the pedestrian traffic will continue to increase. The estimated cost to construct a concrete sidewalk adjacent to 5300 Tiffin Drive and 5301 Northridge Boulevard along Harwood Road is $3,887.50. The cost to construct an asphalt sidewalk is $2,308.84. Staff contacted the adjacent property owners in 1992 to find out if they were willing to pay for the sidewalk. At that time they were not willing to participate in the cost. Staff recently asked the three property owners again if they would be willing to pay for the materials to construct a sidewalk along Harwood Road. Their responses are as follows: 7813 Harwood Road 5300 Tiffin Drive 5301 Northridge Boulevard No $250.00/Maximum Not for the full amount, but maybe a minor amount. Sufficient funds are available in the Street Division Operating Budget to pay for a concrete or asphalt sidewalk at this location. Recommendation: The CIP Committee recommends an asphalt sidewalk be installed on the north side of Harwood Road, between Tiffin Drive and Northridge Boulevard. Finance Review Acct. Number 01-60-04-3080 Sufficient Funds Avaifable Finance Director Page 1 of i / I / / // / ~0~j' ~ / "- ...,)/ / ;/ / / \...0 , !' , ,.'....- // / ¡I ._ / /! ~_ x i i __ '---- / -z. '\ \. \ \ , Ii ~[]-rCo"'JD;..· ¡ -:1 \ I J' ! 0 ,J ;=- _-':or-_' - !x- !<-=: dU i~ì) i=;f ,{ I: I !i I! :! (? - nl" . r-n UJ U ~ ~r--~ ,--= I~ 'f / 'IteJ", ~- -' :;-x /7:(,' y/ ~'-::--~ I illt: (' --- : -.:._- I r .- : ;' I , r:-J ~ " ,-x-, >< >< x. ":~L5~ ,fJÜ[5lL / 'I ! ~j ! !~ I, : ¡ ( : Î 1\1 r· \ ' ~ ~ 3^I~G NI:HIJ. T- gJ It) , -'" _i'1 --..,../ t' ~ ,J' ¡c ): '" -' -:~! d~ , Çl<- (' ~ ~D ,", -"---'-^-~- II L1 11 ftU ''õ '1 -........' -- .::r- - . ' --~ . ~ ~ ~ '~ / (~I Q /'-I(~ :3 ;' ~ ì..?i; ~: ,-:.\ -.,";' / 'G^18 SINifG - Q '< - ,-,_~,_: .....-r~' ~- ~ I ~'~ :~~, ;J~= j -- m,n~ - ""-- ~ =--=--~ .' CITY OF NORTH RICHLAND HILLS, TEXAS HARWOOD1 SUPERINTENDENTS ESTIMATE DATE: DECEMBER 5, 1997 BY: JIMMY CATES PROJECT: HARWOOD @ TIFFIN & NORTHRIDGE ESTIMATE #1: PROPOSED CONCRETE SIDEWALK ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 4 FT. WIDE SIDEWALK 317 L,F, $10,00 S3,170,00 2 CURB RAMPS 3 EA. $225,00 S675,00 3 YARDS TOPSOIL 5 YO, $8.50 542,50 TOTAL S3,887,50 CITY OF NORTH RICHLAND HILLS, TEXAS HARWOOD2 SUPERINTENDENTS ESTIMATE DATE: DECEMBER 5, 1997 BY: JIMMY CATES PROJECT: HARWOOD @ TIFFIN & NORTHRIDGE ESTIMATE #2: PROPOSED ASPHALT SIDEWALK ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 4 FT. WIDE SIDEWALK 317 L.F. $4.50 $1,426.50 2 CURB RAMPS 3 EA $225,00 $675.00 3 REDWOOD LUMBER 634 L,F. $0,26 $164,84 4 TOPSOIL 5 YDS. $8.50 $42,50 TOTAL $2,308.84 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 12/22/97 Agenda Number: PW 97 -28 Subject: Approve Proposed Crack Sealing Program The Public Works Department has in the past crack sealed streets with an asphalt product without rubber. The Street Division personnel would sweep the cracks, heat the asphalt material in a "kettle", pour hot asphalt sealant into the crack, squeegee the surface around the crack, and sand the sealed crack. Five to six employees would be on the crew and would work on crack sealing for approximately four months. The cracks sealed this way normally stayed sealed for one to two years before they would crack open again. In order to provide a longer lasting sealant system to the streets in North Richland Hills, we propose a rubberized asphalt melter, a compressed air unit, and a pavement router/cutter be purchased. This system would need three to four employees to handle the equipment and seal the cracks. The cracks on a street would first be routed out to provide a small reservoir for the rubberized asphalt sealant to reside in. The next step would be to blowout the routed grooves and follow up the same day with the application of the rubberized asphalt. This will provide a sealant system which should last an estimated five years before it cracks again. Since the new process requires fewer employees, the Street Superintendent has proposed using these two employees during this four month period to supplement two other important functions of their department. The first would be to increase our annual drainage cleaning program which includes cutting trees, removing debris from box culverts and curb inlets and removing silt from the concrete lined channels. This would increase the drainage cleaning program by up to 20% annually. The other area these employees would assist in is our pothole patching repairs. Presently, we have two pothole patching units that require two employees each to operate. Normally only one two person crew is assigned to this function. During critical times the two "extra" employees will be assigned to the second pothole patching unit. The proposed process of sealing the cracks was discussed with the CIP Committee on December 9th. The Committee was in favor of the new process and purchase of its associated equipment. Sufficient funds have been included in the Operation and Maintenance Budget of the Public Works Street Division for the rubberized asphalt melter, pavement cutter/router and compressed air unit. Recommendation: The CIP Committee and staff recommend Council approve the proposed crack sealing program as described above. Finance Review Source of Funds: Bonds (GO/Rev.) Opera ing Budget "- Oth r 01-60-04-3100 Fln""œ Director re CITY COUNCIL ACTION Page 1 of CITY OF NORTH RICHLAND HILLS r Department: Public Works Council Meeting Date: 12/22/97 Award Three-Year Contract for Impact Fee Subject: Program Administration and One-Year Extension on Agenda Number: PW 97-29 Watauga Utility Systems Transfer Coordination This award of contract involves two separate services, as outlined below. Service One - Impact Fee Proqram Administration The Planning and Zoning Commission acts as the Capital Improvements Advisory Committee (CIAC) to the City Council. State law requires meetings to be conducted semi-annually by the CIAC with reports submitted to the Council for their information. Staff recommends Reed Municipal Services, Inc. be retained to provide consultant services to assist the CIAC and staff in monitoring the Impact Fee Program. Cost for the services will be $1,000 per month plus out-of-pocket expenses. Consultant fees to update and monitor the impact fee program can be paid from fee revenues. The consultant's services will include: 1. Prepare monthly summary report on new water and wastewater connections. 2. Review monthly the financial records of the City to determine all expenditures which can be charged to the Impact Fee Fund. 3. Prepare a quarterly report showing actual operations versus projected operations of the Impact Fee Fund (i.e., total number of service connections, revenues collected, list of projects with expenses). 4. Coordinate and attend all CIAC semi-annual meetings. 5. Provide agenda for all CIAC meetings. 6. Prepare and present written report on status of impact fee program at each semiannual CIAC meeting. 7. Provide three-year detailed report of actual operations versus projected operations of the Impact Fee Program. Present this to the CIAC. 8. Provide assistance to the City's engineering consultant to determine if the impact fee rates should be changed at the three-year review in the year 2000. 9. Attend all Impact Fee meetings with staff, City Council, or consultants. 10. Advise the CIAC and City staff of any changes in the law governing impact fees. The impact fees are collected for new water and wastewater customers as they pay for their service connections. Sufficient funds are available to fund the consultant's fee annually. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Oth Acct. Number 02-90-13-6000 Sufficient Funds Available 02-99-00-4820 Finance Olr.eto, Page 1 of r Service Two - Watauoa Utility Systems Transfer Coordination Section Two of the contract is the one year extension of the current two year contract for services related to the purchase of the Watauga System in 1996. The current contract includes the process of implementing the many requirements contained in the agreements signed with Watauga. The extension of the consultant's services will include: 1. Coordinate with staff on: -monthly payment documentation -water loss audit -physical system separation -subtraction meter installations -joint use facility work order documentation -annual settle-up with Fort Worth on water -payment of joint-use fees -replacement fund for joint use facilities 2. Write "Letters of Agreement" on any contract issues requiring clarification between North Richland Hills and Watauga. 3. Attend all meetings with the North Richland Hills Council, staff, Watauga, Fort Worth, auditors, and TNRCC representatives necessary to coordinate the smooth and efficient transition of the utility operations from North Richland Hills to the City of Watauga for their portion of the water and wastewater system. Sufficient funds are available in the Water and Sewer Fund Budget for this expenditure. Recommendation: Staff recommends Council award a three-year contract to Reed Municipal Services, Inc. for $36,000 plus out-of-pocket expenses to assist in monitoring the Impact Fee Program in preparation for the next three-year update and also award a one-year extension for $10,200 plus out-of-pocket expenses to provide project coordination for the Watauga Utility Systems Transfer.. CITY OF NORTH RICHLAND HILLS REED MUNICIPAL SER V ICE S, IN C. 'fiMs October 21, 1997 Mr, Larry Koonce Director of Finance City of North Richland Hills North Richland Hills, Texas Mr, Koonce, RMS is pleased to have the opportunity to propose our assistance in the orderly administration of recently adopted Impact Fee Scheduled for North Richland Hills, As you will recall, we have been involved in this process for the past_ several years, The attached proposal outlines our proposed involvement, in detail, and the procedures outlined therein will ensure that the provisions of Chapter 395, Local Government Code, are complied with This chapter outlines the day to day requirements of the administration of Impact Fee collection, The attached proposal also includes a section for a one year extension of our existing contract with North Richland Hills to serve as Project coordinator to provide an orderly transition of portions of the Water and Wastewater System to the City of Watauga, At the beginning of that project, it was assumed by all parties that Watauga would assume the responsibilities for the Billing and Collection process at the end of the second year of operations, Rather than that happening, Watauga has recently notified North Richland Hills that Watauga has chosen to exercise their option to have North Richland Hills to continue the Billing and Collection process for a third year, The current contract with RMS does not include this third year of operation of the Billing and Collecting process, The attached proposal is presented in two sections, those being one section related to the day to day operation of the Impact Fee requirements and the second section relating to the third year of the Billing and Collection process to be performed by the City of North Richland Hills, 1101 Crow1ey Rd" Arlington, Texas, 76012 - Tel. (817) 275-8528 - Fax, (817) 275-1860 The day-to-day administration of each of these two operations will require the close coordination of the Finance Department, Utility Billing Department, Public Works Department as well as representatives of the City of Watauga, In addition to those operating departments listed above, the budgeting process of North Richland Hills will become involved due to contract requirements listed in the original Sales and Purchase Agreement, Operating Agreement and Joint Use Agreement. Should you, or any members of the North Richland Hills Staff, have questions or require additional detail concerning this proposal, please feel free to contact us at your earliest convenience at (817) 275-8528, Respectfully submitted, f:¡>¡.7. R.M,S"lnc, REED MUNICIPAL SERVICES, INC. ~Ms October 21, 1997 PROPOSAL RMS is pleased to have the opportunity to present our proposal to the City of North Richland Hills for the purpose of providing our assistance in the administration of the recently adopted Impact Fees as well as our continued assistance as Project Coordinator for the transfer of portions of the Water and Wastewater System to the City of Watauga according to certain contract documents that became effective October 1, 1996, Our proposal is presented in two separate sections, Section One pertains to the recently adopted Impact Fees and Section Two pertains to our continued involvement in the transfer of portions of the Utility System during the third year of the Transition Period, A discussion of each of these two sections follows which Includes our proposed scope of services as well as the proposed fee for our services provided, Section One Impact Fee Administration As you will recall, when legislation was first approved providing for the adoption of Impact Fees, the legislation was generally referred to as "Senate Bill 336", Since the approval of the legislation, the requirements have been codified and are now known as "Chapter 395, Local Government Code", That code is quite clear and in detail as to the requirements mandated both in the adoption of Impact fees as well as the daily administration of the fees. This chapter also specifies the requirements of the "Capitol Improvements Advisory Committee" during the time period in which Impact Fees are being collected, Our proposed involvement and Scope of Services in this three year period are as follows: · On a monthly basis, we will prepare a summary of the new taps made for water and sewer service within the City, This summary will provide the 1101 Crowley Rd" Arlington, Texas, 76012 - Tel. (817) 275-8528 - Fax. (817) 275-1860 required conversion to MUE'S for both the Water and Sewer Taps, The basis for this summary shall be the detailed records of the Utility Billing Department. · On a monthly basis, we will review the payment records of the Finance Department to determine any and all expenditures of the City that are appropriate to be charged to the Impact Fee Fund, The basis for this determination shall be the detailed records of the Finance Department and Public Works Department. · On a quarterly basis, we will prepare a report that outlines the quarterly operation of the Impact Fee process that presents the actual operations compared to the projected operations, This report will include the total number of taps made, conversion to MUE'S, revenues collected and expenses incurred for those projects included in Capitol Improvements Plan for Impact Fees, · On a semi-annual basis, we will prepare a report and narrative to be presented to the Capitol Improvements Advisory Committee, This report shall outline the actual operation of the Impact Fee Fund compared to the Projected Impact Fee Fund. This report shall include, but not be limited to, MUE growth and conversion, expenses involved, revenues collected, interest earnings and year-to-date Fund Balance, This report will be prepared and presented to the Capitol Improvements Advisory Committee each six month period as required by Chapter 395, Local Government Code, Basis for this report shall be the actual documents of the Finance Department, Public Works Department and the Utility Billing Department as well as KEF Engineers, This report shall include the previous six months of operation as well as a year-to-date presentation, This report shall be reviewed by the Committee and forwarded to the City Council with their appropriate comments and/or recommendations for future changes, if the Committee determines changes should be made, · At the end of the three year period, we will prepare a detailed report comparing the actual operation of the Impact Fee Fund compared to the Projected Operation of the Impact Fee Fund to determine the appropriateness of the charges during the previous three year period, This report will be presented for the Capitol Improvements Advisory Committee for their review and comments and their transmission to the City Council. · At the conclusion of the current Impact Fee Period, (Oct., 1997 through Sept., 2000), we will work closely with the City Engineering Firm to determine a new schedule of rates to be proposed to the City Council and Capitol Improvements Advisory Committee, · We shall attend all meetings of the City Council Capitol Improvements Advisory Committee, City Staff and KEF Engineers involving Impact Fee Operation and Collection, · We shall remain in contact with the Texas Municipal League to review and monitor any legislative changes that might take place whereby the Impact Fee procedures might be changed, If such changes should occur, we shall advise the City of those changes and make appropriate recommendations to remain in compliance with the then existing legislation, Our fee for the above scope of services related to the Impact Fee Operation is $1,000 per month, plus out of pocket expenses billed at cost. The time period covered by this proposal shall be for operations beginning October 1, 1997 and extend through September 30, 2000, Section Two WATAUGA UTILITY SYSTEMS TRANSFER COORDINATION (Extension of Existing Contract) The original Sales and Purchase Agreement between the City of North Richland Hills and the City of Watauga outlined the time frame for the assumption of operations by Watauga, This contract provided that North Richland Hills would continue the Billing and Collecting Process for a two year period, with Watauga having the option to extend this period for a third year, if they so desired, During the negotiation process concerning this sale, representatives of Watauga stated that they fully intended to assume the Billing and Collecting process at the end of the initial two year period and not exercise their option for a third year extension, Since the signing of the original contract documents, Watauga has decided to exercise their option to extend the Billing and Collecting process for a third year. Formal notification of their decision has recently been sent to the City of North Richland Hills. Due to the previous statements of Watauga concerning their desire to assume the Billing and Collecting Process after two years, RMS was engaged by North Richland Hills to serve as Project Coordinator for only a two year period, Now that Watauga has exercised their option for a third year of Billing and Collecting to be done by North Richland Hills, this third year of operations will have no designated Project Coordinator for that third year period. We would propose that our existing contract with North Richland Hills be extended to cover this one year period, Our current two year contract provides for fees of $1,100 per month, plus out of pocket expenses billed at cost. If the City so desires, RMS shall extend the current scope of services performed for that third year period at the reduced rate of $850 per month, plus out of pocket expenses billed at cost. We welcome the opportunity to continue our professional association with the City of North Richland Hills, and would be pleased to further discuss our involvement in these two projects, 1117,S, RM,S" Inc -, ). CITY OF NORTH RICHLAND HILLS Department:F.in::II"~AìPnlir.e nepartmel"t Subject: ~ut~orize ~ayment to T~uron, Inc. fohMobile. Da~ S~+tch () Hare ~81F1teFlaFlce greement esoll.:ltlono. ..() 1 Council Meeting Date: 1 ?-??-~7 Agenda Number: PAY 07 20 The annual maintenance agreement for the Tiburon, Incorporated Mobile Data Terminal (MDT) Switch Software is noW dU,e in the amount of $12,658.00. The Department is repaid a large portion of this amount from income from Interlocal Agreements with other area cities. The MDT Switch is the hardware and software that allows all information to pass between the State and National databases to oUf-MDT's in each patrol car. It also functions as the software message handler for the computer aided dispatch messaging that occurs between our police cars and our Communications Section. The Switch handles the traffic which queries drivers license information, wanted person information, criminal history information and stolen property information. This Switch also has computer aided dispatch interfaces via telephone lines for the cities of Haltom City, Hurst and Euless which are supported by this contract on a seven day per week, twenty-four hour per day basis. This is an annual contract that is approved by the Council each year. Recommendation: It is recommended the City Council approve Resolution No. 97- 61, authorizing payment to Tiburon, Incorporate~ for annual maintenance charges in the ~mount of $12.658.00. ; Source of Funds: Bonds (GO/Rev.) Operating Budget _ Other Financé Review Acct. Number rt3_Qn_nn..~4A~ Sufficient Funds Available ~~/ FIMnoe on_ dSignature , CITY COUNCIL ACTION Page 1 of RESOLUTION NO. 97-61 WHEREAS, the City has a continuing software support and maintenance agreement with Tiburon, Inc. to provide service for all mobile data terminal systems; WHEREAS, the total annual amount for the period from October 1, 1997 through September 30,1998 was billed by Tiburon, Inc. as $12,658.00; and WHEREAS, the Police Department is repaid a portion of this amount from income from the Interlocal Agreement with other area cities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS THAT: The City Manager be, and is hereby, authorized to pay the annual charge by Tiburon, Inc. in the amount of $12,658.00. PASSED AND APPROVED THIS 22ND DAY OF DECEMBER, 1997. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ATTORNEY FOR THE CITY EXHIBIT A SOFTWARE SUPPORT AND MAINTENANCE FEE CLIENT NAME: North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76108 CONTACT: Debbie Eskew 817-581-5609 Fax 817-656-7511 Project # DUI03-97 Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of the TIBURON Agreement for Extended Service dated November 14, 1996. This Exhibit A shall become part of said Agreement upon signature and shall be effective from 10/1/97 through 9/30/98 and applies only to the application software and software modules listed below and will be billed in advance annually, unless otherWise set forth in Exhibit B. Upon future renewals, there will be an additional charge to those CLIENTs requiring semi-annual or quarterly invoices. Software Module Months CPU Make Model Serial # User License Total Fees Msg Switch 12 $ 9,445.00 Haltom CAD Port 12 $ 1,071.00 ... 'Euless CAD Port 12 $ 1,071.00 Hurst CAD Port 12 $ 1,071.00 all 24 x 7 TOTAL $ 12,658.00 IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives. Tiburon, Inc. By: (Authorized Signature) ed Signature) Name: Craig Nelson Title: Vice President, Marketing Date: Name: Title: Date: ---.--