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HomeMy WebLinkAboutCC 1987-10-12 Agendas I I I I I I I I I I I 'I I I I I I I J CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA OCTOBER 12, 1987 - 6:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. GN 87-113 Approval of Plans and Specifications for Martin Drive (Agenda Item No. 11) (Recommended Discussion Time - 10 Minutes) 2. GN 87-114 Construction of Starnes Road and Hightower Road Projects Approval (Agenda Item No. 12) (Recommended Discussion Time - 10 Minutes) 3. IR 87-2 Policy on Acquisition of Right -of-Way and Easements (Suggested Discussion Time - 10 Minutes) 4. IR 87-3 New Conference Room for Pre- Council Meetings and Major Conferences (Suggested Discussion Time - 10 Minutes) 5. Reminder of Work Session _ October 20, 1987, 6:30 p.m. _ Economic Development Plan Report - Mr. Worth Blake 6. Other Items I I I I I I I I I I I I I I I I I I :1 Page 2 NUMBER ITEM ACTION TAKEN 7. *Executive Session (Suggested Discussion Time - 20 Minutes) a. Personnel Discussion b. Pending Litigation *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. I I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA OCTOBER 12, 1987 For the 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. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Roll Call 3. Invocation 4. Minutes of the Regular Meeting September 28, 1987 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda Item(s) indicated by Asterisk (10, 11, 12, 13, 14 & 17) 7. PZ 87-18 PLANNING & ZONING - PUBLIC HEARING - Request of Burk Collins - to rezone Lots 31-43, Block 2, W.E. Odell Addition, Lots 1-17, Block 4, Lots 1-14, Block 5, Lots 59-64, Block 3, and a portion of Lot 58, Block 3, Stoneybrooke South Addition from R-3 Single Family, R-8 Zero-Lot-Line Residential, and R-5D Duplex to I-2 Industrial (Located along south side of Odell Street) I I I I I I I I I I I I I I I I I I I Page 2 NUMBER ITEM ACTION TAKEN 8. Ordinance No. 1499 9. GN 87-111 PUBLIC HEARING - Amendment to Subdivision Ordinance No. 195 Regarding Park Land Dedication, Ordinance No. 1500 *10. GN 87-112 Agreement with Southern Pacific Transportation Company, Resolution No. 87-29 *11. GN 87-113 Approval of Plans and Specifications for Martin Drive *12. GN 87-114 Construction of Starnes Road and Hightower Drive Approval *13. GN 87-115 Assessment Ordinance for Starnes Road Project, Ordinance No. 1501 *14. GN 87-116 Assessment Ordinance for Hightower Drive Project, Ordinance No. 1502 15. GN 87-117 Nomination for Membership on Tax Appraisal District Board, Resolution No. 87-30 16. GN 87-118 Ordinance Declaring a Necessity for Completing Drainage Plans Consistent with S.8. 336, Capital Impact Fees, Ordinance No. 1503 I I I I I I I I I I I I I I I I I I I Page 3 NUMBER ITEM ACTION TAKEN *17. PU 87-41 Reject Bids for Type I Ambulance Chassis Remount 18. Adjournment I Ie I I I I I I I Ie I I I I I I I I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 87 001 Date: Oc~ober 8, 1987 Subject: Informal Reporting to the City Council This report is submitted on a new form that will be used in the future to present items to the City Council for information and/or discussion and guidance. This form will not take the place of cover sheets which are utilized when formal action is required. Respectfully submitted, Kfl/~~ Rodger N. Line RNL/gp ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS I Ie I I I I I I I Ie I I I I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR 87-002 No. October 8, 1987 Date: Subject: Policy on Acquisition of Rights-of-Way and Easements When the 1985 bond issue was approved it was decided that the first 5.5M in sales would be. used for the purchase, restoration and construction of public facilities. The 1986 street and drainage work was limited to engineering and preparation of right-of-way documents. As a resu1t of the preliminary engineering completed to date, we are aware of near1y 400 parce1s of property that must be acquired within the next three to four years in order to comp1ete the projects approved by the voters in 1985. We presently have a Right-of-Way Agent on staff. There is a need at this time to adopt a City Policy governing the acquisition of rights-of-way and easements. The attached policy wou1d formalize the procedure that the staff wou1d f01low in obtaining property. This policy can be updated from time-to-time "as needs change. The attached policy is proposed to be discussed and it can be presented to the City Counci1 for action in the near future. 1:11_d, Gene Riddle GR/gp Attachment ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS I. Ie I I I I I I I Ie I I I I I I I Ie I POLICY CITY OF NORTH RICHLAND HILLS ACQUISITION OF RIGHTS-OF-WAY/EASEMENTS GENERAL: Successful governing requires the development of public services to improve our way of life. The City of North Richland Hills would be greatly handicapped without land upon which to carry out the activities of government. There would be no land for public streets, vital water and sewer mains nor drainage improvements or other facilities necessary in North Richland Hills. In short the City of North Richland Hills can not provide services to its citizens without the right to acquire land. Every effort will be made to reach a fair and equitable agreement in the acquisition of land for these purposes. It is the City's desire that when a street project route, the route of a water and sewer main or the necessity of a drainage project have finally been determined, all sides will agree that fair and equitable consideration has been given to the property owners involved and that the selected route is in the best interest of the general public. The following policy shall apply when obtaining rights-of-way or acquiring easements for street, drainage, and/or water and sewer improvements. RESPONSIBILITY: The City Council has overall authority for approving all capital improvement projects. The City Engineer is responsible for the final construction plans and the completion of rights-of-way and easement documents. The City Engineer shall submit a strip map along with the construction plans to the City Council prior to taking bids or obtaining land. A copy of the strip map will be furnished to each member of the City Council at the time of the approval of the project. The City Council will be briefed on potential acquisition problems, potential pitfalls, problems,and the estimated rates of assessments at the time of project approval. The Department of Public Works will have overall responsibility for obtaining rights-of-way for street and drainage improvements approved by the City Council. They are also solely responsible for obtaining easements necessary for public water, sanitary sewer and drainage improvements to be constructed by the City. Only the Director of Public Works or his designated representative will make a settlement offer to a citizen with whom we are negotiating the conveyance of a right-of-way/easement. Slope easements, temporary construction easements or other temporary easements not specifically covered by this policy shall be handled by the Director of Public Works. The City of North Richland Hills will not payor offer any compensation for any property acquisition for the purpose of erosion control or flood protection other than that acquired for construction of a public street. It is the responsibility of the Right-of-Way Agent and the Planning and Development Department to transmit the executed copies of right-of-way/ easements documents to the Court House to be recorded. The Planning and Development Department will also be responsible for maintenance of right- of-way/easements documents and the computer file after they have been recorded. I. I_ I I I I I I I I_ I I I I I I I Ie I Page Two PROCEDURE: All correspondence with property owners shall be made via registered mail and will conform to the schedule outlined below. An individual file for each affected property owner will be initiated with a chronological listing of all written and verbal contacts made with the property owner. A contact report will be maintained on each parcel of property in each project file (see sample 1). All payments for rights-of-way or easements will require prior City Council approval. If an emergency situation arises, the City Manager can approve acquisition and present the settlement agreement to the City Council for approval at the next scheduled Council Meeting. The following sequential actions must be followed when acquiring rights-of- way/easement. Initial Contact (See Example No.2) 1. Send initial letter to all affected property owners. 2. Explain the need for the right-of-way/easement. 3. Comment on public necessity and how project is being funded. 4. Approximate date of next contact. 5. Comment that engineering is being completed. 6. Estimate date for beginning of construction. 7. Include your name and phone number so the property owners can contact you if they have any questions. A business card should also be included. 15 Da s (or less) After Initial Contact - 1st Follow U See Example No. 3 1. Send unexecuted right-of-way documents and formally ask for their return response with reference to the right-of-way/easement being a donation or if they desire to be paid fair-market value or estimated fair-market value base on the best available information. 2. Inform the property owner if the project is, or is not, an assessment project. 3. Give them an opportunity to formally meet with you no later than 10 days from the date of the letter. 4. Attach a project map showing the scope of the project. 30 Da s (or less) After Initial Contact - 2nd Follow U See Example No. 4 1. State the written offer (estimated or actual fair-market value). 2. Indicate if no response is received from the property owner within 10 days, then the item will be placed on the next available City Council Agenda requesting Council authorization to begin condemnation proceedings. 3. If there is no response or the offer is refused, have formal appraisal made. 60 Days After Initial Contact If negotiated settlement has not been reached, request City Council direct the City Attorney to proceed with condemnation action. Do not delay condemnation based on an anticipated settlement. Cancel the condemnation hearings if and when the negotiated settlement is reached. I. · I, I I I I I I I -- I I I I I I !- I I INDIVIDUAL CONTACT REPORT PROJECT NAME: OWNER'S NAME/ADDRESS: PARCEL NO. Phone: ESTIMATED FAIR MARKET VALUE: APPRAISED VALUE: Date Comment INITIAL CONTACT: ,/-" /," 1ST FOLLOW UP (15 days): 2ND FOLLOW UP (30 days): 60 DAY ACTION: CONDEMNATION: Date to City Attorney: Date to City Council: Hearing Date: I· I, I I I I I I I íe I I I I I I ~ I I City of Xórth Richland Hills~ Texas EXAMPLE NO. 2 Date Mr. & Mrs. Smith 4444 Smithfield Road North Richland Hills, TX. 76180 Re: Smithfield Road Project Dear Mr. & Mrs. Smith: ,/-. In the months ahead the City of North Richland Hills will be finalizing plans for th~ reconstruction of a portion of Smithfield Road from its current width of 50 feet to a full four-lane collector street and right-of-way width of 68 feet. We anticipate this project to be started in October of 1987. This project will be partially funded by bond funds approved be the voters in 1985. Under our form of government the rights of the individuals are of paramount importance. Our laws guarantee individual rights for all of us. However, our laws also recognize another principle, mainly the public good, which makes it necessary to resolve the matter of public acquisition of private property in favor of the majority. The benefit is then realized by all. We will make every effort to reach a fair and equitable agreement in the acquisîtion of all right-of-way needed for this project. Our Engineering Department is now in the final stages of design for this street and I will be contacting you within the next few weeks. I will also be forwarding you an approved project strip map, which will further explain the details of the project, and the right-of-way documents. Please contact me if you have any further questions. Sincerely, Real Estate/Rights-of-Way Agent (817) 281-004117301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HillS, TX 76180 I. I. I I I I I I I -- I I I I I I !. I I City of J\.8rth Richland Hills, Texas EXAMPLE NO. 3 Date Mr. & Mrs. Smith 4444 Smithfield Road North Richland Hills, TX. 76180 Re: My letter dated Smithfield Road Project Dear Mr. & Mrs. Smith: Enclosed are right-of-way documents and a project map for the Smithfield Road Widening Project. Please be aware that the1ity Council has authorized the payment of fair-market-value (or estimated fair-market value) for your property. However, this does not prevent you from donating the right-of-way for this much needed project. In the event you wish to receive fair-market-value, it may be necessary for the City to have the real property appraised to establish the FMV. We will then offer that amount. We believe this property will appraise at approximately per square foot. So that we will know how to proceed, it is requested that you indicate your desire by checking the appropriate box on the attached copy of this letter and return it to me at ~OUt ~arliest convenience. I_I I desire to donate the above identified right-of-way I_I I desire to receive FMV for the above identified right-of-way This letter will also serve as your notice that this project will be assessed in accordance with City Ordinance Number 1338. You will be notified when the Public Hearings are set for this assessment. If you have any questions, please feel free to let me know. Sincerely, Real Estate/Rights-of-Way Agent (817) 281-004117301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76180 I I. I I I I I I I '- I I I I I I {- I I Çity of J(örth Richland Hills, Texas EXAMPLE NO. 4 OFFICIAL OFFER Date Mr. & Mrs. Smith 4444 Smithfield Road North Richland Hills, TX. 76180 Re: Smithfield Road Project Dear Mr. & Mrs. Smith: Please consider this letter as a formal offer to purchase right-of-way from you for the fair-market-value (or, estimate fair-market value) of $1.25 per square foot. The amount of right-of-way needed is square feet for a total of $ . This is (an actual appraised value/an estimated appraised value). Please respond at your earliest convenience but not later than (enter date - 10 days). If we have not heard from you by (same date),.we~ill request that the City Council instruct the City's Attorney to proceed with condemnation action. Sincerely, Real Estate/Rights-of-Way Agent (817) 281.()04117301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76180 //-". ,,/ ./ 1 I, . I I I I I I I I I I I I I I l- I INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 87-003 Date: October 8, 1987 Subject: New Conference Room for Pre-Council Meetings and Major Conferences Dennis Horvath and I have been working with Phillips Swagger Associates, Inc. in reference to remodeling Room 100, which had been allocated to the Municipal Court before it was decided to move the Court to the new Library/Recreation Center. Extensive research has been done as to the cost of the project, i.e., carpet, furniture, video, sound equipment, wall coverings, and room . design. The total cost would be $101,000 to fully complete this project at such a level as to provide excellent facilities for the Pre-Council Meetings and other conferences involving numerous participants and gooá audio/visual facilities. At the Council Meeting of July 27, 1987, Agenda Item GN 87-71, $13,000 for furniture for the Conference Room was allocated. A recommended financing plan to complete the project at the level established by the City Council will be prepared following Council discussion, up to the ultimate $88,000 for the total package. Mr. Don White, of "PSA" Architects, will be at Pre-Council October 12, 1987 to exhibit the design and concept of the new Pre-Council Chamber. If the final design of the project can be placed on the next agenda for Council approval on October 26, 1987, I believe the project could possibly be completed at the same time as the Police Department. Respectfully submitted, 't£ l~~~ ohn Whitney \ JW/gp ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS I ' Ie I I I I I I I Ie I I I I I I I {' I 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 - SEPTEMBER 28, 1987 - 7:30 P.M. 1. CALL TO ORDER Mayor Echols called the meeting to order September 28, 1987, at 7:30 p.m. Present: Dan Echols Dick Fisher Richard Davis Marie Hinkle Mack Garvin Linda Spurlock Staff: Rodger N. Line Dennis Horvath Patricia Hutson Rex McEntire Lee Maness Gene Riddle John Whitney Richard Royston Stan Gertz Ron McKinney Richard Albin Don Bowen Members of the Press Absent: Virginia Moody Jim Ramsey Jeanette Rewis 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Secretary Attorney Finance Director Public Works Director Director of Support Services Director of Planning Fire Chief Personnel Director City Engineer Planning & Zoning Member Councilwoman Councilman Ci ty Secretary 3. INVOCATION Mayor Echols gave the invocation. Mayor Echols asked for point of privilege. Mayor Echols recognized Mrs. Bradshaw's Speech Class from Richland High School. Mayor Echols read the proclamation for Fire Prevention Week. I Ie I I I I I I I Ie I I I I I I I f' I September 28, 1987 Page 2 Mayor Echols presented the third place award to the City Council Chili Cook-off Team won Saturday at the Community Center dedication and stated the $50.00 prize money was being donated to the library and Park and Recreation Departments to be divided equally. 4. MINUTES OF THE SPECIAL MEETING SEPTEMBER 14, 1987 APPROVED Councilman Hinkle moved, seconded by Mayor Pro Tem Fisher, to approve the minutes of the Special Meeting September 14, 1987. Motion carried 4-0; Councilman Garvin abstaining due to absence from the meeting. 5. MINUTES OF THE REGULAR MEETING SEPTEMBER 14, 1987 APPROVED Councilman Davis moved, seconded by Councilwoman Hinkle, to approve the minutes of the regular meeting September 14, 1987. Motion carried 4-0; Councilman Garvin abstaining due to absence from the meeting. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Davis removed item numbers 14, 15, and 31 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 28, 29, 30, 32, 33, 34, & 35) APPROVED Councilman Davis moved, seconded by Councilman Garvin, to approve the Consent Agenda. Motion carried 5-0. 8. PRESENTATION OF PROCLAMATION BY MAYOR ECHOLS REGARDING FIRE PREVENTION WEEK Presented earlier in the meeting. 9. PZ 87-19 PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE REGARDING COMMERCIAL GYMNASIUMS, ORDINANCE NO. 1494 APPROVED I ~ I I I I I I I ~ I I I I I I I f I September 28, 1987 Page 3 Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. Mr. line stated that the Planning and Zoning Commission determined that the Zoning Ordinance did not designate the zoning classification to which a commercial gymnasium would be applied. Mr. Line stated that the Planning & Zoning Commission recommended that the commercial gym be allowed in the C-1 zoning district. Mayor Echols called for anyone wishing to speak in opposition to please come forward. There being no one wishing to speak Mayor Echols closed the Public Hearing. Councilman Garvin moved, seconded by Mayor Pro Tem Fisher, to approve Ordinance No. 1494. Councilwoman Spurlock questioned the number of parking spaces allowed. Mr. Royston stated that the Planning & Zoning Commission's thinking was that the type of uses that a business with large floor areas and limited bleacher spaces would have did not lend itself to the same level of commercial activities as far as the number of parking spaces. Motion carried 5-0. 10. SO 87-9 REQUEST FOR APPROVAL OF THEATER MARQUEE SIGN AT I.H. 820 AND HWY. 26 APPROVED Mr. Burk Collins, 8251 Bedford Euless Road, appeared before the Council. Mr. Burk Collins stated that the Sign Ordinance required Council approval for a theater marquee sign and they therefore were seeking permission for this sign. Mr. Collins stated that because their sign was higher and larger than normal, they also needed a variance to the Sign Ordinance. Mr. Collins stated that they had discovered there was a moratorium on sign variances. Mr. Collins stated that the sign needed to be located where the underground channel was, and without a variance the sign would have to be located at the front of the shopping center. Mr. Collins presented a picture of the shopping center and a picture of the type of proposed sign to the Council. Councilwoman Spurlock called for point of order. Councilwoman Spurlock stated she had a problem with voting on this item. Councilwoman Spurlock stated that the Council had the ability to vote on the sign, but did not have the ability to vote on the variance that Mr. Collins needed without voting to lift the moratorium. Councilwoman Spurlock stated she did not think the Council could take action unless they voted to lift the moratorium. I ~ I I I I I I I ~ I I I I I I I f I September 28, 1987 Page 4 Councilman Davis stated that Mr. Collins was allowed to bring the marquee sign before the Council. Councilman Davis stated he felt that because this project was started prior to the moratorium and the sign permit was one of the last permits obtained, that it possibly fell into a gray area. Councilman Garvin stated he preferred to deal with the matter now. Attorney McEntire stated that the moratorium would only be lifted on this particular sign. Councilman Davis stated he understood the height that was needed on the 820 sign because the freeway started elevating, but would like to propose that the height of the sign on Grapevine Highway be 25 feet. Mr. Collins stated they would not have a problem with that. Councilman Davis moved, seconded by Councilwoman Hinkle, to approve the sign as submitted along I.H. 820 and approve the sign along Grapevine Highway with the stipulation that it be no higher than 25 feet. Motion carried 5-0. *11. GN 87-93 INCREASE OF HOTEL/MOTEL OCCUPANCY TAX RATE, ORDINANCE NO. 1498 APPROVED *12. GN 87-94 PROPOSED CLOSING OF FOUNTAIN STREET BETWEEN VENICE STREET AND DAWN DRIVE APPROVED *13. GN 87-95 INVESTMENT POLICIES APPROVED 14. GN 87-96 REPAYMENT OF PRIOR YEAR'S FRANCHISE TAXES FROM THE UTILITY FUND TO THE GENERAL FUND APPROVED Councilman Davis moved, seconded by Councilwoman Hinkle, to approve GN 87-96. Motion carried 5-0. 15. GN 87-97 BANK WIRE TRANSFER CONTRACTS, RESOLUTION NO. 87-25 (FIRST REPUBLIC BANK RICHlAND, N.A.), RESOLUTION NO. 87-26 (TEXAS COMMERCE BANK-HURST, N.A.) AND RESOLUTION NO. 87-27 (BANK OF NORTH TEXAS, N.A.) APPROVED I Ie I I I I I I I Ie I I I I I I I f' I September 28, 1987 Page 5 Councilman Davis moved, seconded by Councilwoman Hinkle, to approve Resolution Nos. 87-25, 87-26 and 87-27. Councilman Davis asked how long the follow-up time would be after the telephone transfer was made before the City received receipt of the transfer of funds. Mr. Maness stated verbal confirmation would be made within thirty minutes that the wire transfer had been received on the other end and confirmed with written confirmation. Councilman Davis asked if the transfer of money should be authorized by two people rather than one. Mr. Maness stated that when one of his staff made a wire transfer, the second phone call came to him asking for his personal identification number and approval. Motion carried 5-0. *16. GN 87-98 CERTIFIED TAX ROLL, RESOLUTION NO. 87-23 APPROVED *17. GN 87-99 GRANTING EXEMPTIONS FOR FISCAL YEAR 1987/88, RESOLUTION NO. 87-24 APPROVED *18. GN 87-100 SETTING TAX RATE FOR FISCAL YEAR 1987/88, ORDINANCE NO. 1493 APPROVED *19. GN 87-101 ADOPTING OPERATING BUDGET FISCAL YEAR 1987/88, ORDINANCE NO. 1492 APPROVED *20. GN 87-102 ORDINANCE ADOPTING THE TEXAS MUNICIPAL RETIREMENT SYSTEM'S "UPDATED SERVICE CREDIT" BENEFIT AND INCREASING THE CITY AND EMPLOYEES CONTRIBUTION RATES, ORDINANCE NO. 1495 APPROVED *21. GN 87-103 ORDINANCE AMENDING AND ADOPTING THE CIVIL SERVICE RULES AND REGULATIONS, ORDINANCE NO. 1479 APPROVED I ~ I I I I I I I ~ I I I I I I I , I September 28, 1987 Page 6 *22. GN 87-104 PROPOSED POLICY FOR PUBLIC MEETING ROOMS APPROVED *23. GN 87-105 ORDINANCE ADOPTING LEGISLATIVE CHANGES TO THE TEXAS MUNICIPAL RETIREMENT ACT, ORDINANCE NO. 1496 APPROVED *24. GN 87-106 WASTE HAULER ORDINANCE, ORDINANCE NO. 1497 APPROVED 25. GN 87-107 PUBLIC HEARING - WATAUGA ROAD REALIGNMENT AND STREET VACATION APPROVED Mayor Echols opened the Public Hearing and called for anyone wishing to speak to please come forward. Mr. line stated that when the construction of the new Watauga Road was completed, the existing Watauga Road right-of-way would become surplus. Mr. line stated it was felt that by closing portions of the street where possible, the residential character of the neighborhood to the south would be preserved. Mr. line stated the Planning & Zoning Commission notified the property owners in the neighborhood and conducted a public hearing to get their input. Mr. line stated that if the neighborhood concurred and the Council determined that the street should be closed, the abandoned right-of-way could be transferred to the adjacent property owners with fair compensation being paid for the right-of-way in compliance with state law. Mr. line stated there were two single family residential lots that fronted on Abbott and Price which have access to the rear and the City would work with those property owners if they wished to continue to have rear access to their property. Mr. Bob Hall, 7200 Abbott, appeared before the Council. Mr. Hall asked if there would be a cul de sac at the end of Abbott or would it be closed off with a barricade. Mayor Echols stated that Abbott would be extended through to the new thoroughfare and Price would be closed. Ms. Melba Duke, 6228 Price, appeared before the Council. Ms. Duke stated she had no objections to closing Watauga Road if a fence was put up. Ms. Duke stated it had also been brought to the Council's attention severa1 times that there was a bad drainage prob1em on that corner. I ~ I I I I I I I ~ I I I I I I I , I September 28, 1987 Page 7 Mayor Echols stated the situation would be looked into and determined if it could be corrected. Ms. Duke asked if there were plans on how to close the street. Mr. line stated it would be barricaded to the extent that it could. Mr. line stated that her neighbor, Mr. Brenner, had indicated an interest in continuing to access his property from the rear, and in order for him to do this it might not be possible to barricade it right at the property line. Mr. line stated there would be no through traffic. Ms. Duke asked if she decided not to buy the right-of-way would she be able to extend her fence out to her property line. Mr. Royston stated the property that sided with her property was commercial and when the property developed there would be a fence. Mr. Royston stated that in the interim she could extend her fence. Mr. Keith Putnam, 6221 Price, appeared before the Council. Mr. Putnam asked if a cul de sac could be created. Mr. line stated they had considered the possibility of a cul de sac. Mr. line stated if the City constructed a cul de sac the right-of-way would have to be acquired from the commercial property to the north, and the City would have to allow them access. Mr. Putnam stated he did not want an ugly dead end barricade. Mr. line stated the City was under the impression that the neighbors did not want a cul de sac because of the possibility of having to cut a driveway opening into the commercial property. Councilman Davis stated when the commercial property developed, a sight barring fence would be erected behind the barricade as a buffer. Mr. Putnam asked if there would be any type of buffer zone between the barricade and the back of the property and the building. Councilman Davis stated there would be a setback requirement as far as building requirements. Mr. Putnam asked if the City could convince the property owner to the north to work with the neighborhood and plant trees in that area as well as install the fence. Mr. line stated the Zoning Ordinance required commercial property to dedicate ten percent of their land for landscaping, and the City could encourage the developer to landscape a portion of the ten percent there. Mr. Al Cox, 6213 Price, appeared before the Council. I ~ I I I I I I I ~ I I I I I I I f I . September 28, 1987 Page 8 Mr. Cox stated he wanted the street closed to through traffic. Mr. Cox stated his concern was Owen Drive and asked if Holiday lane would be cut through to give the area some relief. Mr. line stated the owners of the property that were affected by the Holiday lane extension to Watauga Road were working together trying to work out some realignment of ownership, street dedication and financing that would extend Holiday lane from where it dead ends now up to Watauga Road. Mr. line stated the City did not have money allocated for improvements to Holiday Lane. Mr. Cox stated as far as closing Price he did not want any access from the commercial property. Mr. larry Buck, 6221 Abbott, appeared before the Council. Mr. Buck stated they supported the closing of Watauga Road and asked if Abbott was to continue through or be a dead end street. Mayor Echols stated that it would continue through. Mr. line asked if he wished to continue to have access to the rear of his property which would require an alley or easement adjacent to his property. Mr. Buck replied yes they did. Mayor Echols called for anyone else wishing to speak to please come forward. There being no one else wishing to speak Mayor Echols closed the Public Hearing. Mayor Pro Tem Fisher moved, seconded by Councilman Davis, to approve GN 87-107, the street vacation of Watauga Road. Motion carried 5-0. *26. GN 87-108 ORDINANCE ESTABLISHING A POLICE OPERATED IMPOUND AREA, AND A REVISION OF THE CURRENT WRECKER ORDINANCE NO. 878, ORDINANCE NO. 1490 APPROVED 27. GN 87-109 APPOINTMENT TO BOARDS/COMMISSIONS APPROVED Councilman Davis moved, seconded by Mayor Pro Tem Fisher, to approve GN 87-109 with the addition of Jeff Bunting as Place 5 Alternate on the Board of Adjustment. Motion carried 5-0. I I I I I I I ~ I I I I I I I , I September 28, 1987 Page 9 *28. GN 87-110 ADOPTION OF RESOLUTION CONFIRMING COOPERATION AND PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 1988-1990, RESOLUTION NO. 87-28 APPROVED *29. PU 87-38 INCREASE PURCHASE ORDER NO. 00129 TO HUDIBURG CHEVROLET IN THE AMOUNT $9,995 FOR ONE VEHICLE APPROVED *30. PU 87-39 REJECTION OF BIDS FOR TYPE I 1988 AMBULANCE APPROVED 31. PU 87-40 AWARD BID TO RIGGS FIRST lINE (E-l)· FOR ONE CLASS A, TRIPLE COMBINATION PUMPER FIRE TRUCK IN THE AMOUNT OF $166,794 APPROVED Councilman Davis moved, seconded by Councilwoman Hinkle, to approve PU 87-40. Motion carried 5-0. *32. PW 87-31 AMENDMENT TO WATER SERVICE CONTRACT WITH CITY OF FORT WORTH, ORDINANCE NO. 1491 APPROVED *33. PAY 87-6 FINAL PAY ESTIMATE #3 TO ATKINS BROTHERS EQUIPMENT COMPANY, INC. IN THE AMOUNT OF $25,027.80 - NORTH RICHLAND BOULEVARD AND LARIAT TRAIL APPROVED *34. PAY 87-7 FINAL PAY ESTIMATE #10 - STREET, WATER & DRAINAGE IMPROVEMENTS ALONG ASHMORE DRIVE, ROGAN DRIVE AND lYNN TERRACE APPROVED *35. PAY 87-8 FINAL PAY ESTIMATE #4 TO LEONARD HAZEL, INC. IN THE AMOUNT OF $46,491.99 MISCELLANEOUS WATER AND SEWER IMPROVEMENTS 1986 APPROVED I I I I I I I IIJ I I I I I I I , I . September 28, 1987 Page 10 36. CITIZEN PRESENTATION MR. MIKE JENNINGS, LAMAR SAVINGS REGARDING PLATTING OF INDUSTRIAL PARK BOULEVARD FOR HOLIDAY LANE EXTENSION (IF TIME IS NOT AVAILABLE IN PRE-COUNCIL MEETING) This item was heard in Pre-Council. 37. ADJOURNMENT Councilman Davis moved, seconded by Mayor Pro Tem Fisher, to adjourn the meeting. Motion carried 5-0. Mayor ATTEST: City Secretary I CITY OF NORTH RICHLAND HILLS I Planning and Development Department: .- I SUbject: Public Hearing on the Request of Burk Collins d N b PZ 87-18 Investments, Inc. to Rezone Lots jl-4J, tllock 2, w.E. cfm1.~ a um er: Addition, Lots 1-17, Block 4, Lots 1-14, Block 5, Lots 59-64, Block 3 and a Portion of Lot 58, Block 3, Stoneybrooke South Addition from R-3 Single Family, R-8 Single Family Zero Lot Line, and R-5D Duplex to 1-2 Industrial Ordinance No. 1499 10/12/87 - Council Meeting Date: I This Zoning Application is presented on several existing residential lots located along the south side of Odell Street, and in the Stoneybrooke South Addition and Duplex lots located in the Stoneybrooke South Addition east of Davis Boulevard. The requested rezoning is from R-3 Single Family, R-8 Zero Lot Line Single Family, and R-5D Duplex to 1-2 Industrial. The purpose for the proposed rezoning request is to accumulate additional property adjacent to the existing 1-2 property in the Northeast Business Park to create a larger tract in order to develop a warehouse and administrative office center for the Haverty's Furniture Store Chain. The applicant currently owns all of the property in the Stoneybrooke South Addition included in the rezoning request and has acquired options on the properties contained in the request in the Odell Addition. The size and configuration of the proposed development would dictate the need for the additional property proposed to be added to the Industrial tract. As stated, the applicant has acquired options on the lots located along Odell Street which have been included in the rezoning request. However, the submittal omits two significant parcels out of the request. At the southeast corner of Odell Street and ~Davis Boulevard are four and one-half lots which are not included. The major portions ~of these lots are currently occupied by an existing auto salvage yard which is a legal non-conforming use. The remaining lot did contain a sub-standard residence which has been demolished through Code Enforcement action. Although the applicant did not include these lots in his request the Commission was informed by the owner of the salvage yard that a contract had been signed with the applicant leaving only the now-vacant lot not in the applicant's control. The second parcel, located on the south side of the street and at the east end of the existing Odell Street, was not included because the applicant had not secured an agreement with the property owner. This property has now been optioned by the applicant and a rezoning request for these two lots for 1-2 Industrial Zoning has been submitted and will be heard by the Commission in October. The Staff noted to the Commission that the existing conditions on Odell Street east of Davis Boulevard are such that the existing residences are on an island of residentially zoned property surrounded by Industrial and Heavy Commercial Zoning. The proposed rezoning would have the effect of reducing the area of the residential "island" and providing the existing street as the dividing line between the two diverse uses. Finance Review Acct. Number Sufficient Funds Available Kf2~ ent Head Signature ' ~anager CITY COUNCIL ACTION ITEM . Finance Director - Page 1 of 2 I" 1 I At the Commission hearing the applicant, Mr. Collins, indicated that his intentions were, and still are, to purchase all the residential lots on both sides of Odell Street. He would propose to rezone all of the property to industrial use and the property on the north side of Odell would become an area for Office-Showroom-Warehouse facilities in the same manner as those new buildings which he has constructed on the south side of Northeast Parkway. Mr. Collins indicated that he intends to continue his negotiations with the property owners who live on the north side of Odell Street. The current rezoning request covering only the south side of the street was pursued to meet certain time frame obligations imposed by the Haverty's company to proceed with the warehouse and office project. I I 1 I I RECOMMENDATION: The Planning and Zoning Commission recommended that Zoning Application PZ 87-18, requesting rezoning on Lots 31-42, Block 2, W.E, Odell Addition, Lots 1-17, Block 4, Lots 1-14, Block 5, Lots 59-64, Block 3 and a portion of Lot 58, Block 3, Stoneybrooke South Addition from R-3, R-8 and R-5D to 1-2 be approved. I 1 I 1 I I I I I I CITY OF NORTH RICHLAND HILLS Page 2 of . 2 AG AG I-I I " I I I " I I I ' \ \, \ , \ , , " , \ , \ \ ~ \ I F.f? , ! I-I SU - I Ie I I I I I I I Ie I I I I I I I Ie I Page 5 ~ P & Z Minutes September 10, 1987 BACK TO ORDER 2. PZ 87-18 ( Vice Chairman Wood asked Mr. Roysto if the people would be contacted. Mr. Royston said the Public had been closed so they w ld notified. Vice Chairman Woo said he would want to also give t people ample opportunity 0 speak again. said we would contact them /'/~.. -=-- /-' Tucker said they may be loosing time because even if the Commission denies it, they could go on to the City Council. He said the Council is the ones who approves the request, the Planning and Zoning Commission just recommends. The Vice Chairman called a 3 minute ·recess to allow time for the people involved in this request to clear the chamber. The Vice Chairman called to meeting back to order with the same members present. ~. ~ Request of Burk Collins Investments, Inc. to rezone Lots 31-43, Block 2, W.E. Odell Addition, Lots 1-17, Block 4, Lots 1-14, Block 5, Lots 59-64, and a portion of Lot 58, Block 3, Stonybrooke South Addition, from their present classifications of R-3 Single Family, R-8 Single Family Detached Zero Lot Line, and R-5-D Duplex to 1-2 Industrial. This property is located south of Odell Street, east and northeast of Northeast Parkway, and east of Davis Boulevard. Vice Chairman Wood opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. .; I Page 6 ( P & Z Minutes Ie September 10, 1987 I I I I I I I Ie I I I I I I I Ie I ( Burk Collins came forward. He said this would be a Haverty's 30,000 square foot retail store, 18,000 square foot district office with a distribution center in the back. He said with the Industrial he has, it didn't work well so he needs to take some of the residential and duplex out of Stonybrooke South. Mr. Collins said he had tried to be sensitive to the people on Odell Street. He said he would like to acquire all the homes. Mr. Collins stated he had made offers and only one has refused. He said some have counter offered. Mr. Collins said Havertys is also looking at a site in Bedford and he is squeezed for time. Mr. Tucker asked how many employees would this project have. Mr. Collins said it would offer 'approximately 450 jobs to the area. He said the retail store would generate a million dollars per month sales. He said there are 76 Haverty stores over the country. Mr. Schwinger asked Mr. Collins if he intended to purchase the lots on both sides of Odell Street. Mr. Collins said that is his intention. He said Havertys has a time schedule so he had to come in with the request just for Haverty's site. He said he has several others under contract; only one on the south side has not signed. Vice Chairman Wood asked what about the north side of the street. Mr. Collins said he has some on contract, but the bank won't let you speculate on land. He said he would love to acquire all that property. I Page 7 ( P & Z Minutes Ie September 10, 1987 I I I I I I I Ie I I I I I I I Ie I ( Barbara Dutton, 8204 Odell Street, came forward. She said she lives at the corner of Davis and Odell and they are under contract with Mr. Collins. Ms. Dutton said she read the write-up in the paper stating it was a quiet place to live. She said police are called out there, cars race up the street, a house was burned, and a woman was shot 4 times by her brother. She said just look at the land, it is rather shabby and she feels the best use is to rezone it to Industrial. Ms. Dutton said there are only 8 on the south side of the street and 6 on the north side. She said most plan to retire and move away. She said she feels this is the highest and best use for the land. Vice Chairman Wood called for those wishing to speak in opposition to this request to please come forward. V. L. Gibson, 8333 Odell Street, came forward. He said Mr. Collins stated most of the property owners were too high. Mr. Gibson said that was not true. He said Mr. Collins didn't offer him enough to buy a lot and build another house on it. Mr. Gibson said he understood they would be offered commercial price. Mr. Gibson said he had lived here 37 years and he and his wife contributes many hours to the city. He said he tries to attend every City Council meeting and tries to promote good will. Mr. Gibson asked how would you like to have a warehouse in front of your property. He said he read the ar~icle in the paper where Richard Royston said it was not uncommon to have different zonings on either side of a street. He said it also quoted Councilman Richard Davis as saying he could support Industrial if it had a sufficient buffer. Mr. Gibson said Councilman Davis also stated the City might could protect Odell Street from I Page 8 ( P & Z Minutes 1_ September 10, 1987 I I I I I I I M I I I I I I I f I ( trucks. Mr. Gibson said the Master Plan shows Odell Street to be residential, but this would make one side residential and one side industrial. He said they want to extend it into Stonybrooke South Addition down to the railroad. Mr. Gibson said they have built streets in Stonybrooke South and it should be a nice residential area. Mr. Gibson said when George Tucker was Chairman he said no Commercial should come close to a residential area. Mr. Gibson said newspaper articles favor developments. He said Mr. Royston said he was concerned with leaving a few neighbors on the north side. Mr. Gibson asked the Commission to please refuse this request and say no. He said he has a friend who is an attorney who is here to help us, you and Mr. Collins. Kenneth LeVan, 8440 Glenann Drive, came forward. He said following Mr. Gibson doesn't leave much to say. Mr. LeVan said he is also against the rezoning request. Donald Chaille, 8405 Timberline Court in Stonybrooke, came forward. He said he had lived here for 11 years. He said he was present when they rezoned the portion of Stonybrooke South. He said he went to the City and reviewed the cases and read the minutes. He said PZ 85-51 was for 45 acres to R-5-D. He said in that meeting Burk Collins stated he had a 45 acre tract which had lots of problems. He said it was in the flood plain, backs up to the railroad and joins Industrial. Mr.. Chaille said in July and August Mr. Collins came back for R-2 next to Stonybrooke, R-8 to the west, and duplex. He said Mr. Collins stated the owner is disabled and needs to sell and if you deny this you are denying the use of his property. He said Mr. Collins stated he felt this was the best use of the property. He I Page 9 ( P & ~ Minutes 1_ September 10, 1987 I I I I I I I Ie I I I I I I I I" I ( stated that the property had sold several times, but could not be developed. He said Mr. Collins stated he would have to put in a concrete channel, the best use is all residential and he bought it for residential prices, but now he wants to rezone it to Industrial. Mr. Chaille said the only change is Mr. Collins balance sheet. He said he believes this was Mr. Collins plan and intent from the beginning. Mr. Chaille said the right thing to do would be to deny this request. He said he does not regularly attend these meetings, but feels Mr. Collins is a wheeler-dealer. He said he feels it is stacked against the citizens in favor of Burk Collins. Mr. Chaille said he read the newspaper article which stated Richard Royston said the Land Use plan shows it to be a residential area. He also said he 'stated he would be more agreeable if Collins owned both sides and Mr. Royston said he did not think it inappropriate because a street is a natural barrier. Mr. Chaille said he could not believe he would think a street would be a barrier. Mr. Chaille said Councilman Richard Davis said he could support it if there was adequate buffers. He also stated maybe they could cut Odell Street off from truck traffic. Mr. Chaille requested denial of this request. Bill Odette, 8337 Odell Street, came forward. He said he has lived there 14 years. He said he is disabled and on social security. He said they like to live there for the peace and quiet. Mr. Odette said they have friends all around him and he would have to give them up. He said cars and trucks and motorcycles go 60 to 70 miles an hour up and down the street. He said he has children that come to visit and this speeding should be stopped. I Page 10 ( P & Z Minutes 1_ September 10, 1987 I I I I I I I . I I I I I I I f I ( Bill Williams, 4620 Riverview Drive, came forward. He said he was speaking for a friend who lives on the north side of Odell Street. Mr. Williams said he had been affected by a zoning change and he wound up moving because of the zoning. He said the people are elderly with large back yards and it makes him think of his home town. He said this would be spot or island zoning. He said he is against this and requests the Commission deny the zoning or work something out. Joanne Ruppel, 7013 Stoneridge Drive, came forward. She said she had two problems with this. She said if it is rezoned there would be truck traffic through Stonybrooke Addition; and two years ago they agreed on one thing and now they want something different. Ms. Ruppel requested the Commission deny the proposal. Don Bowen came in. Helen Carpenter came forward. She said she is the owner of 8217 Odell Street and she has not been contacted. She said she does not feel they have been totally honest, because they have made no effort to contact her. Vice Chairman Wood said he was sure Mr. Collins would want to talk to her. Mr. Collins came forward. He said they showed Mrs. Allen owned that property. Mr. Collins said they have some overlapping into Stonybrooke South, but what we proposed would almost be what we already have. He said times are changing and the economy has changed. He said they will be back in a few weeks requesting residential instead of the duplex and it will increase the value of the property. Vice Chairman Wood closed the Public Hearing. I Page 11 ~ p & Z Minutes September 10, 1987 ( Ie I I Mr. Tucker said this is a difficult task for the Commission. He said Odell Street is bounded by Commercial and Industrial. He said it is an island now. Mr. Tucker said the Commission has to decide the highest and best use for the City as a whole. He said the City is 65% residential and 35% commercial and the City has been trying to get clean developments into the City with no smoke. Mr. Tucker said this would affect the people; a lot of people on the south want to sell and the ones on the north don't want to sell. / ,/ I I I I I Mr. Schwinger said he concurred with Mr. Tucker. He read "Purposes of Zoning": To protect the health, safety, morality and welfare of the Community; To carry out land ·use/development policies of the Comprehensive plan; To prevent adverse or undesirable effects that incompatible uses could have on each other; To assure sufficient, suitable land for future development; To protect and improve the physical environment; To protect and maintain property values; To ensure that land uses are properly situated in relation to one another; To control density so that property can be adequately serviced by public services and facilities; To preserve and develop the community's economic base. Mr. Schwinger said the Commission must weigh these before we can make a decision. -- I I I I I I PZ 87-18 APPROVED' Mr. Tricoli made the motion to approve PZ '87-18. This motion was seconded by Mr. Schwinger and the motion carried 4-0 with Don Bowen abstaining since he was not present for the entire presentation. I Ie I I Page 12 p & Z Minutes September 10, 1987 ( ( Ie I Mr. Tucker stated this is only a recommendation to the City Council and it will be heard October 12th. I I Chairman Bowen said the property owners would not get another notice. 3. PS 87-25 Consideration of an amendment to the Subdivision Ordinance R195 regarding Park Land Dedication. /,/":-, I I PS 87-25 DENIED Mr. Tucker made the recommendation that the Council not approve thi proposed revision to the Subd sion Ordinance #195 at this time This motion was seconded by M . Tricol! and the motion carried 5-0 , ,/ I 4. Election of Commi ion Officers.' I . Mr. Tucker e the motion to postpone the elect n of officers until such time t City Council appoints or 're-a oints the Commission members. s motion was seconded by Mr. chwinger and the motion carried 5-0. I ADJOURNMENT ,The meeting adjourned at 8:50 P. M. I I I Vice Chairman Planning & Zoning Commission I Planning & Zoning Commission I I {' I ~. I Ie I I I I I I I . I I I I I I I f I ( ( KNOWl TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas August 20, 1987 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 RE: 3-002, CITY OF NORTH R1CHLAND HILLS ZONING CASE PZ 87-18 REV1EV LETTER, ZONING FROM R-3, R-8, & R-S-D TO 1-2 REF. UTILITY SYSTEM GRID SHEET NO. 70 Ve have received the referenced zoning case for our review and find that we could adequately locate this property on the Zoning Map as required for updating should this case be passed by both the Planning & Zoning Commission and the City Council. ~tMlJ "UJ ' ila-:- RICHARD V. ALBIN, P.E. RYA/dd Enclosures cc: Mr. Rodger N. Line, City Manager Mr. Gene Riddle, Director of Public Yorks Mr. Greg Dickens, P.E., Assistant Director of Public Yorks Mr. Richard Royston, Director of Development Zoning Review PZ 87-18 Page 1 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I ILl I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. 1499 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE #1080 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, JANUARY 9, 1984 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that on Case No. PZ-87-18 the following described property shall be rezoned from R-3, R-8, and R-5-D to 1-2. BEING Lots 31 thru 43, Block 2, W. E. Odell Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388-C, Page 68, Deed Records, Tarrant County, Texas; and BEING Lots 1 thru 17, Block 4, Lots 1 thru 14, Block 5, Lots 59 thru 64, Block 3, Stonybrooke South Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388-204, Page 65, Deed Records, Tarrant County, Texas; and BEING the description of a 0.148 acre tract which is the most westerly portion of Lot 58, Block 3, Stonybrooke South Addition, an addition to the City of North Richland Hills, as recorded in Volume 388~204, Page 65 of the Plat Records of Tarrant County, Texas; said 0.148 acre tract being more particularly described as follows: BEGINNING at the northeast corner, of Lot 58, Block 3, said point also being in the southerly right~of-way of N'ortheast Parkway; THENCE North 55 degrees 26 minutes 14 seconds East along the north line of Lot 58, Block 6 and the south line of Northeast Parkway for a distance of 64.24 feet to a point for corner; THENCE South 34 degrees 33 minutes 46 seconds East for a distance of 100.00 feet to a point for corner in the nor~herly line of lthe St. Louis Southwestern Railroad; THENCE South 55 degrees 26 minutes 14 seconds West along the said northerly line of the railroad for a distance of 64.24 feet to a point for corner at the southwest corner of Lot 58, Block 6; THENCE North 34 degrees 33 minutes 46 seconds West along the west line of Lot 58, Block 5 for a distance of 100.00 feet and containing 0.148 acres of land. I -) I I I I I I I -- I I I I I I I Ie I Page 2 This property is located south of Odell Street, east and northeast of Northeast Parkway, and east of Davis Boulevard. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 10th DAY OF SEPTEMBER, 1987. VICE CHA ~~~/&l~ION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ-87-18 IS HEREBY REZONED THIS DAY OF MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: - JEANETTE REWIS, CITY SECRETARY CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY: ATTORNEY · . ../ CITY OF NORTH RICHLAND HILLS Department: Planning and Development 10/12/87 - Council Meeting Date: Public Hearing for Consideration of an Amendment to ...Aru>-"rI; N ber" GN 87-111 the Subd1v1s10n Urd1nance ~o. 195 Regarding Park Land D~c~~TðMr . Ordinance No. 1500 At the direction of the City Council the Staff has drafted a proposed reV1S1on to the Subdivision Ordinance which would set up a procedure for mandatory dedication of park land in any subdivision proposed to be developed for residential use. The proposed Ordinance would specify that any plat submitted must include either the dedication of land for park purposes or, if the proposed dedication would be less than one (1) acre in size, the deposit of an appropriate amount of cash in lieu of property. The format used for the proposed Ordinance is similar to the Ordinances adopted by other Texas cities. The intent of format is to develop an Ordinance which accomplishes the dedication of park property and also stands the test of equity which has been an issue in those cases where this type of Ordinance has been litigated in the State Courts. The Planning and Zoning Commission has held several work sessions regarding the proposed Ordinance revision and a public hearing where notices were sent to the entire development community inviting their participation in discussions of the proposed Ordinance. RECOMMENDATION: The Planning and Zoning Commission recommended that the proposed Subdivision Ordinance Revision requiring mandatory dedication of park land not be approved. It is recommended that the City Council hold the required Public Hearing as advertised and take action on the proposed Subdivision Ordinance Revision. Source of Funds: Bonds (GO/Rev.) Operating Budget eOt r Finance Review Acct. Number Sufficient Funds Available ~fl-¡;~ . ity Manager , Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I' Page 12 P & Z Minutes September 10, 1987 ( ( Ie I I 1 Mr. Tucker stated this · recommendat· e City Council and e heard October 12th. Chairman Bowen said the property owners would not get another notice. 3. PS 87-25 Consideration of an amendment to the Subdivision Ordinance #195 regarding Park Land Dedication. I I I PS 87-25 DENIED Mr. Tucker made the recommendation that the Council not approve this proposed revision to the Subdivision Ordinance #195 at this time. This motion was seconded by Mr. Tricoli and the motion carried 5-0. 4. Election of Commission Officers. I Ie I Mr. Tucker made the motion to pos one the election of officers unti uch time the City Council appo ts or re-appoints the Commis on members. This motion was se ded by Mr. Schwinger and t motion carried 5-0. ADJOURNMENT I I 1 I I I Ie I Vice Chairman Planning & Zoning Commission Planning & Zoning Commission 1-. Ie I I I I I I I Ie I I I I I I I Ie I Page 5 P & Z Minutes August 13, 1987 4. PZ 87-15 . 5. PS 87-25 ( ( Request of Richmond Bay Developmen Company to rezone a portion of T ct 2, W.A. Trimble Survey, Abstr 1520, from its present classifica ons of OC Outdoor Commercial and R- Single Family to R-2 and OC. is property is located south of adow Lakes Drive and west of Dory Crt. Chairman Bowe opened the Public Hearing and aIled for those wishing to speak favor of this request to please ome forward. //-«: ",./ -s.-/' Frank came forward to represent e applicant. He said they want to change a small amount of OC Outdoor Commercial to R-2 lots. He said he did not feel this would interfere with the golf course. Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. "Mr. Schwinger made the motion-to approve PZ 87-15 with the stipulation that the lots be 10,400 square feet and the houses be 2,000 square feet. This motion was seconded by Ms. Flippo and the motion carried 5-0. Consideration of an amendment to the Subdivision Ordinance #195 regarding Park Land Dedication. . Chairman Bowen opened the Public Hearing and called for those wishing to speak to please come forward. Bill Pasteur, 1900 Trailwood, Euless, came forward. He said he was a Commercial and Residential Investment Realtor. He said his partner, Walter Elliott, is also present. \ . I Page 6 { P & Z Minutes Ie August 13, 1987 I I I I I I I Ie I I I I I I I Ie I ( Mr. Pasteur stated they have two subdivisions being developed in North Richland Hills at present; Century Oaks at Starnes and Smithfield Road and Spring Meadows across from Smithfield Elementary School. He said they have also helped in the development of Stonybrooke. Mr. Pasteur thanked the Commission for holding a Public Hearing on this matter. He said he did not wish to debate, but would like to point out some things. He said page 1, paragraph 1, this fee is charged only on residential property; none would be charged on commercial, office districts, etc. He said only the new resident in North Richland Hills would have to pay. Mr. Pasteur .said this is a tax on the developer which would in turn pass on to the new resident so the new resident will have to pay for the parks that all citizens will use. Mr. Pasteur said page 2, paragraphs 4 & 5, the developer would go through the city process of platting a piece of property only to have the City Council veto it. He said that would be very expensive and time consuming for the developer; paragraphs 6 & 7, the $225 per dwelling unit could go higher; it could be changed by the City Council. He said this makes for an unworkable situation for the developer. Mr. Wood said paragraph 6 states it would be limited to $225. Mr. Royston stated the intent would be to reimburse the City from the fund. He said the City Council decides on all f~es. Chairman Bowen said the fee would not be changed in the middle of the stream. Mr. Tucker said it would be changed by an amendment of the ordinance. I Page 7 ( P & Z Minutes Ie August 13, 1987 I I I I I I I Ie I I I I I I I Ie I ( Mr. Tucker asked Mr. Royston how could the platting process be done. Mr. Royston stated the decision should be at the time of preliminary platting. Mr. Tucker said the engineering would be expensive if they had to start over if the council did not like it. Mr. Royston said it should be decided prior to the final plat being submitted. Mr. Pasteur said on page 2, paragraph 8 it speaks of refunds. He said there is never any refunds; page 3, paragraph 9, is contradictory. Mr. Pasteur said the flood plain is the most desirable for a park, Colonial Country Club is in the 100 year flood plain and Euless has a beautiful park in the flood plain. Mr. Pasteur said 112-"any areas of unusual topography or slope which renders the property unusable for organ~zed recreational activities", channelization is a major expense for a park. Paragraph 10, the developer would be confused, there would be 3 bodies reviewing the plat. There would be long, lag time. He said it takes a minimum of 15 to 18 months to develop a piece of property from the zoning to the development. Mr. Pasteur stated that parks are for ~he common good to all people, but with this ordinance only the new residents would pay; residential development would subsidize for everyo~e. He said he thinks this is very unfair. He said the builders and developers have to be competitive. Mr. Pasteur said that North Richland Hills has increased the building permits 400%. He said the developers and builders are in the worst shape in many years and they have to be speculative an"d it puts "-the burden on them. I . . ( Page 8 p & Z Minutes Ie August 13, 1987 I I I I I I I Ie I I I I I I I Ie I ( Mr. Pasteur said he was aware there is a need for parks in North Richland Hills. He said the city would have to set up a new accounting system for the fees and refunds. Mr. Pasteur said this is an excellent chance to challenge it in court. Mr. Pasteur said he read in the paper of the additional fees being proposed for sewage and water for North Richland Hills. Mr. Pasteur said the developers are concerned about this ordinance. Doug Long, part owner of B. H. & L, came forward. He said they own some land in area 5. He said they have a substantial park there. He asked if they need more park in that area. Mr. Long said he felt everything would be a cash donation. He asked how much land does the city need for parks. Mr. Royston said the Park Master Plan said 40 more acres' of park land is needed, but did not say where they .might need to upgrade the present park. Mr. Long said if they have sufficient park land in the area, what then? He said he was not sure he understood paragraph 6, page 2. Chairman Bowen said if no further land is required, then the $225 per unit would be charged. Mr. Royston stated that if the city purchases land for a park, they would need to be reimbursed, it would go back io a land fund requirement. Mr. Long asked if that park is totally developed, he cannot give land, he has to pay cash? I Ie I I I I I I I Ie I I I I I I I Ie I Page 9 p & Z Minutes August 13, 1987 ADJOURNMENT ( ( Mr. Tucker stated it is the intent of the ordinance for all residential developers to participate. Mr. Royston stated that if the cash is not needed it would be returned after two years. Mr. Long stated they have Little Bear Creek on their property and in certain areas they will have to improve it, but it might be to the city's advantage not to have it concrete lined. He said the Commission would have the right to vary from this. Mr. Long requested the Commission have another hearing to discuss this ordinance. Chairman Bowen called for anyone else wishing to speak to please come forward. There being no one else wishing to speak, the Chairman closed the Public Hearing. Mr. Wood said he appreciated the time and effort of these developers. He said he felt the Commission needs to go back and take another look at this ordinance. Mr. Tucker said the developers brought up some good points Chairman Bowen stated he does not feel the Commission is ready to recommend approval of this ordinance." He said the Commission will continue this for more study on the first meeting in September, September 10th. The meeting adjourned at 8:35 P. M. Chairman Planning & Zoning Commission Secretary Planning & Zoning Commission I Ie I I I I I I I Ie I I I I I I I Ie I CALL TO ORDER ROLL CALL ( ( MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JULY 9, 1987 - 7:30 P. M. PRESENT: Chairman Secretary Member Dir. Planning/Dev. P & Z Coordinato The meeting was called to order by Chairman, Don Bowen, at 7:30 P. M. Don J n Mark Wood Richard Royston Wanda Calvert ABSENT: Carole Flippo George Tucker Manny Tricoli CONSIDERATION OF THE MINUTES OF JUNE 25, 1987 1. PS 87-23 2. PS 87-25 PS 87-25 CONTINUED-8/13/87 airman Bowen stated that the minutes would have to be postponed due to not having enough members present who were present at the meeting. Request of F. E. Griffin for Final Plat of Block 16, Briarwood Estates, Section 7. Mr. Wood made the motion to approve PS 87-23 subject to the Engineer's comments and with the stipulation that there be only side or rear entry garages. This motion was seconded by Mr. Schwinger and the motion carried 3-0. Consideration of an amendment to the Subdivision Ordinance #195 regarding Park Land Dedication. Chairman Bowen stated that 'the Commission has elected to continue the discussion of this amendment at the August 13th meeting. He said he would like for the developers to be contacted regarding this amendment. Mr. Schwinger made the motion to to continue this discussion on August 13, 1987. This motion was seconded by Mr. Wood and the motion carried 3-0. I' I_ I I I I I I I I_ I I I I I I' I I_ I , RECEIVED AU6 0 3 1987 City of J(ðrth Richland Hills, Texas July 30, 1987 Haws & Garrett General Contractors 1300 S. University Drive Ft. Worth, Tx 76107 Dear Sir: The City of North Rich1and Hills is in the process of reviewing and re-eva1uating the City's Subdivision regulations. One of the issues under consideration by the Planning and Zoning Commission is a revision to the Subdivision Ordinance which would establish mandatory park land dedication as a condition of residential development. This dedication would be in the form of a land dedication in larger proposed subdivisions or the substitution of a cash dedication in lieu of property in smaller projects. The City of North Rich1and Hills considers the opinion and comments of its developers to be an important input into its deliberations on matters which will affect the future development of the City. It is for this reason that we encourage you to attend a public hearing regarding the proposed Park ~and Dedication Ordinance. This public hearing will be held~be!ore the Planning and Zoning Commission at its regular meeting of A~gust 13, 1987 at 7:30 P.M. in the North Richland Hills City Hall. A draft copy of the proposed Ordinance revision is enclosed with this letter for your consideration. We look forward to your attendance and comments. Truly, tl {ßM+- m /þ h-rtUJ€A,c , ^ . ,1 I ¡J ¿p. ß ~ ~ Cø·t~~~1-ei~~~ £....u, {,K--14~ . f' tl~ ~tdJd~(l{J i¿œ~ If t!-~d~ ~ti1 · J Pvt(!tß,ttU1f ?(,'f- &~ ~ £l,d~ J tt¡¿¿e & JuJ 1fJ!¿aLrA tl1A ¿~ ,{; t- a¿lttt¿£ ~t %tl ~~~ Don Bowen, Chairman North Richland Hills Planning and Zoning Commission (817) 281·0041/7301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HillS, TX 76180 I' Ie I I I I I I I Ie I I I I I I I Ie I City of J\8rth Richland Hills, Texas ~J\c ~~~- Ju 1 :y' 8, 1987 TO Ri ch.ird Royston Director of P1anning/Deve1opment ~ David M. Petika - - . Director of Parks & Recreation FRO~1 : SUBJ: Proposed Park Land Dedication Ordinance RE PRM-4087 On July 7, 1987, the Parks and Recreation Board met and voted unanimously to support the proposed ordinance. If you need any further assistance, please contact me. (817) 281.()04117301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HillS, TX 76180 b I' It;.. 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" ' II4.J r ·'C--~a'"\. -< ,~.~~ I ;1 =~'\ ~H-;. : '^ -..-. '"'1 ¡~D - .~~ ..~ 13~ ,rl' 1t-7-'" ...." -&: ~ ~g .2 t=. ~ - c-' " ., ~~: ~ -r.ìR~ ~ ~ ~ ».<./r- . '~.v;.{ _..~ - ~~ª ~ ,./ ~A /1 J "-I ................ / 11 / .~.. 1/ c-ì ~.;! ø .II If ~..~ ... .. ", (' '. ..c"'I: .t::.,~ '" ~ . 1-11-_ .... -. -. _ ~-..,.- -'. ttOQ, -- -. IIO? ..._ !lOCI. .. .~ "" .. - III 1111... 11M. _""III' liB. .m. II. IdZ itS IIS?,...._ II4IL ...... II!II, ." _ IIU. III&. lIS' _ - ~ '1eG. ,_ IOU t.... ,-' .... lIP I .... .71. 1171. liPS IIM...' 017'&. IIRI ""'1- DAft OMIIMUIC[ MO. DAT[ ~[ MO. ""I 11_ CUIIar.T THO.... OIto.&llŒ IIQ..... 011 ~.... ~~'~:~;'-P;:'K Proper+:J CIIA_Ma... ...."....... . Z~ co.....S.. · ...ro ~".., . OW ,.It£MISI ~T1ØI . IR1t · S&L.10f' useD auTO"S ....... ~ . .tLL~ tcCItI'TAJIY. ,.,........-Iciïiïìì.-...sitåii .::.,.' . . . . -., . .. ~. ,,..:,. ~.. .-. . '-.... I· Ie I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. AN ORDINANCE ~ROVIDING REQUIREMENTS FOR PARK LAND DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, has adopted a comprehensive Master Plan of the City which identified the need for additional Park Land within the City; and WHEREAS, continuing residential development within the City increases the need for the additional public open space, placing an inordinate burden on the existing City resources to provide this open space; and WHEREAS, the City Council recognizes the public open space in form of neighborhood parks is necessary and in the interest of public welfare, andu the only adequate method to provide for the same is by incorporation of procedures into the planning and development of property in the City thru the Subdivision Ordinance to accomplish park dedication or the deposit of money in lieu of actual land dedication; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Ordinance #195, the Subdivision Ordinance, adopted July 8, 1968 and heretofore amended, be and the same is hereby amended to include the following provisions: 1. Any person, firm or corporation offering a Preliminary or Final Plat for development of any area zoned R-I, R-2, R-3, R-4-SD, R-5-D, R-6-T, R-7-MF, or R-8 in the City shall in such platting include a fee simple dedication to the City of North Richland Hills of land for public park purposes. Such dedication sqall be on the basis of one (1) acre of land per each 104 proposed ~esidential units. The submitted plat shall show the area proposed to be gedicated under this ordinance. 2. The City Council declares that development of an area smaller than one (1) acre for public park purposes is impractical. Therefore, if the proposed subdivision would contain less than one hundred four (104) units, the developer shall be required to pay the applicable cash in lieu of land amount provided by Section 7, rather than to dedicate any land area. No plat showing a dedication of less than one (1) acre shall be approved. 3. In instances where an area of less than five (5) acres is required to be dedicated, the City shall have the right to accept the dedication for approval on the Final Plat, or to refuse same, after consideration of the recommendation of the Planning and Zoning Commission and the Parks and Recreation Board, and to require payment of cash in lieu of land in the amount provided by Section 7, if the City determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. I', Ie I I I I I I I Ie I I I I I I I Ie I Page 2 4. The dedication required by this Ordinance shall be made by filing of the Final Plat or execution of a deed of trust for the property to be dedicated. In the event that actual number of completed dwelling units exceed the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land amount provided by Section 7. 5. Subject to veto of It he City Council, prior to Final Platting, a land owner responsible for dedication under this ordinance may elect to meet the requirements of Items 1 thru 4 in the whole or in part by a cash payment in lieu of land, in the amount set forth in Section 7. Such payment in Lieu of land shall be made at or prior to the time of Final Plat Approval. 6. The City may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park zone on its own initiative, the subsequent required park land dedications for that zone shall be in cash only until such time as the cumulative total of funds in the park fund for that zone are calculated to have reimbursed the City's actual cost of acquisition and development of such park land. The cash amount shall be equal to the sum of (a) the average price per acre of such land, and (b) the actual cost of adjacent street and on-site utilities, or an estimate of lsuch actual cost provided by the City Engineer. Once the City has been reimbursed entirely for such parklands within a park zone, this section shall cease to apply, and the other sections of this ordinance shall again be applicable. 7. To the extent that Section 6 is not applicable, the dedication requirement shall be met by a payment in lieu of land at a per-acre price set from time to time by resolution of the City Council, sufficient to acquire land and provide for adjacent street and utilities for a neighborhood park to serve the park zone in which such development is located. Unless changed by the C1ty Council, such per-acre price shall be computed on the basis of $225 per dwelling unit. Cash payments may be used only for acquisition, or improvement of a neighborhood park located with the same zone as the development. 8. Special Fund, Right to Refund. A. There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this Ordinance, which fund shall be known as the Parkland Dedication Fund. B. The City shall account for all sums paid in lieu of land dedication under this ordinance with reference to the individual plats involved. Any funds paid for such purposes must be expended by the City within two (2) years from the date received by the City for acquisition of development or development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage or area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be forfeited. I· Ie I I I I I I I Ie I I I I I I I Ie I . Page 3 C. There are created by the enactment of this Ordinance a total of five (5) park zones within the City, as delineated on the accompanying map. All funds accumulated thru cash payments in lieu of land in any one park zone shall be identified as being attributable to that zone and must be so designated in the Parkland Dedication Fund. All expenditures from the Parkland Dedication taken from a particular zone must be expended for land or improvements in that same park zone. 9. Additional Requirements, Definitions. A. Any land dedicated to the City under this ordinance must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: 1. Any area located totally within the Floodway of the One Hundred Year Flood Plain. 2. Any areas of severe or unusual topography or slope which renders the property unusable for usual recreational activities. The above characteristics of a proposed park land dedication area may be grounds for refusal of the Preliminary or Final Plat. B. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City Subdivision Standards, and if no significant area of the park is cut off from access by such channel. c. Each park must have ready access to a public street. 10. Unless provided otherwise herein, an final action on any proposed park dedication shall be by the City Council. All plats considered by the City Council shall have been considered þy the Planning and Zoning Commission and the Commission shall make a recommendation to the City Council regarding approval of the plat and regarding the acceptance of the proposed park land dedication or the payment in lieu of land. Any proposal considered by the Planning and Zoning Commission under this Ordinance shall have been reviewed by the Park and Recreation Board and a recommendation made to the Commission. The Commission may make a recommendation contrary to the Park and Recreation Board decision a concurring vote of at least three (3) members. 11. Should any portion or part of this Ordinance be held for any reason invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid ~ortions hereof shall remain in full force and effect. ~\~~C~" . . ~~'~ .- . 1', .." j. ~ .....T ;."'... ,,!",,'. . . . . , r ' t ~- -~ \. t <~ ~ I"' I_ I I I I I I I I_ I I I I I I I I_ I Page 4 DENIED BY THE PLANNING AND ZONING COMMISSION THIS 10th DAY OF SEPTEMBER , 1987. Planning & Zoning Commission PASSED AND APPROVED THIS DAY OF , 1987. Mayor ÀTTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY City Attorney ~. I Administration . . 10/12/87 Department: Ay r ~~"'~II t vi i lI. Suu the r II PÒl; i fi (; Ti ðns pOt ta t; on-- Council Meeting Date: ~ Company, Resolution No. 87-29 GN 87-112 W!)ubject: Agenda Number: CITY OF NORTH RICHLAND HILLS Resolution No. 87-29 authorizes the Mayor to execute the agreement in connection with the Fox Hollow (Holiday lane) crossing, the Rufe Snow crossing and the drainage facility on the north side of the railroad and east of the City Public Works Complex. The actual licenses from the railroad will come from its Engineering Department. The present time frame proposed in the license and permit is completion of the Fox Hollow crossing within one year. We do not have to pay the $71,413.84 we owe on the old Rufe Snow crossing until construction on the Fox Hollow crossing starts. Funding Source: Sufficient funds have been appropriated for Rufe Snow Railroad Crossing and the Public Works Service Center projects. The Holiday lane crossing will require an appropriation from Unspecified Projects as indicated below: From: 13-90-99-4600 (Unspecified Prior to 1985) To: 13-00-92-6150 (Holiday/Fox Hollow RR) $37,741.50 $37,741.50 Recommendation: Approve Resolution No. 87-29 and appropriation of fund as indicated above. I I I Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other GO Acct. Number Sufficient unds Ava; lable . ~ ~._::¿ See Above Department Head Signature CITY COUNCIL ACTION ITEM . Finance Director - Page 1 of 1 I Ie I I I I I I I . I I I I I I I f' I RESOLUTION NO. 87-29 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHlAND HILLS, TEXAS, that: The Mayor be, and is hereby, authorized to execute the agreement between the City of North Richland Hills and Southern Pacific Transportation Company, a copy of which is attached to this resolution, as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this 12th day of October, 1987. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for. the Ci ty I' Ie I AGREEMENT WHEREAS, the City of North Richland Hills, Texas (called I City) Southern Pacific Transportation Company and St. Louis I Southwestern Railway Company (called Railroads), entered into an agreement for the construction of a railroad crossing over an I extension of Fox Hollow Lane on January 29, 1974.; and WHEREAS, tbe Railroads constructed a railroad crossing over Rufe Snow Drive in North Richland Hills pursuant to another I contract between the parties; and I Hollow Lane crossing; and the Rufe Snow crossing and concerning the 6onstruction of the Fox WHEREAS, a controversy has arisen concerning the payment for I WHEREAS, the parties hereto wish to lay at rest the controversy and settle their differences in connection with both crossings. Ie THEREFORE: I 1. The City agrees to pay an additional $25,84.0.00 for the cantilevered signals at said Fox Hollow crossing, said additional I original plans. cost being attributable to widening of the crossing from the I $1,414.00 to widen the planking at said crossing. In addition, the City agrees to pay the sum of $10,487.50 toward the cost of the Fox Hollow Crossing. The balance of the cost of the Fox The City also agrees to pay an additional I Hollow Lane crossing shall be borne ~ the Railroads. 2. The construction of the Fox Hollow crossing shall be in I marked as exhibit "A" this roadway agreement shall replace and Roadway Easement Agreement, copy of which is attached hereto and accordance with the terms and conditions of the Railways Standard I I f' construction of the crossing. supersede the 1974. agreement between the parties regarding the I - I Ie I I I I I I I -- I I I I I I I- f' I - I 3. The City agrees to pay the Railroads the sum of $71,413.84 for the Rufe Snow Crossing and to waive any offset it claims in connection with the Rufe Snow crossing surface. 4. The Railroads agree that the City may construct and maintain a drainage facility along the north side of its right- of-way between RR Stat. 7603+45 and RR Stat. 7623+95 in the City of North Richland Hills, Texas as shown on the plans that are on file with the Railroads a copy of which is attached hereto. Construction of the drainage facility shall be in accordance with the terms and and conditions of the Railroad Standard License Agreement, a copy of which is attached hereto and marked exhibit "B". 5. The City's payment called for in Paragraph 1 hereof shall be paid þy the City within ten (10) days of the execution of this agreement. The payment called for in Paragraph 3 hereof shall be paid within ten (10) days after the Railroads commences construction of the Fox Hollow Lane crossing. EXECUTED THIS day of , 1987. SOUTHERN PACII"'IC TRANSPORTATION COMPANY CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: ~Ubject: A~Qroval of Plans and Specifications for Martin Drive Agenda Number: ~ I CITY OF NORTH RICHLAND HILLS 10-12-87 GN 87-113 Martin Drive is part of the 1987 Construction Program of our bond program. At the present time the right-of-way documents are available to begin the process of obtaining the extra right-of-way needed for this street. We have enclosed a strip map showing the right-of-way parcels we need to obtain for this project. You may wish to keep this handy for future reference and to check off the parcels as they are obtained and Council approves the purchase. The parcels that are high-lighted on the strip map are the parcels that need to be obtained for this project. Parcels 1, 2, 3, and 8 are not high-lighted because it has been determined that they are not needed. The City Engineer will have an aerial map showing the trees that will have to be removed on this project. This street will be reconstructed from where it intersects Cardinal Lane to the east to Crane Road as a thirty foot wide street. From Crane Road east to Precinct Line Road it will be constructed as a collector street. The plans and specifications for this street will be available in the conference room for review at the Pre-Council Meeting. Recommendation: It is recommended that the City Council approve the plans and specifications for Martin Drive and authorize the Staff to proceed with right-of-way acquisition. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Othe~ (;) . A.- -- ~~ Department Head Signat re CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available R tl/~ City Manager , Finance Director 1 Paqe 1 of Source of Funds: Bonds (GO/Rev.) Operating Budget Other .~ ~ - Department Head Signature I CITY OF NORTH RICHLAND HILLS Public Works 9-12-87 Council Meeting Date: Construction of Starnes Road and Hightower Drive ApprovalAgenda Number: GN 87-114 Starnes Road and Hightower Drive are part of our bond program and were scheduled to be constructed in 1987. These streets have been engineered and right-of-way has been acquired for the purpose of this construction. Starnes Road will be a forty foot wide street from Rufe Snow to Davis Boulevard when it is completed. Hightower Drive will be a forty-eight foot street from where it dead ends at the present time in Briarwood Estates west to the Morgan Meadows drainage channel. At the present time we plan to bid both of these streets at the same time in the interest of obtaining the lowest possible prices. Richard Albin is preparing an assessment roll on both streets at the present time and we should be ready for bidding within the next few weeks. Plans and specifications for both of these streets will be available for review at the Pre-Council Meeting. Recommendation: The staff recommends approval of the plans and specifications for Starnes Road and Hightower Drive. Finance Review Acct. Number Sufficient Funds Available /¿Ø~~? City Manager . Fmance Director CITY COUNCIL ACTION ITEM p~,,~ 1 nf 1 I -" -- I I I I I I I Ie I I I I I I I f' I (?€rJE:: KNOWL TON-ENGLISH-FLOWERS, INC. CONSUL TING ENGINEERS / Fort Worth-Dallas September 30, 1987 Mr. Rodger N. Line, City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-342/3/7, CITY OF NORTH RICHLAND HILLS STARNES ROAD, HIGHTOVER DRIVE AND MARTIN DRIVE PAVING & DRAINAGE IMPVTS. COUNCIL PLANS APPROVAL AND ASSESS. HEARINGS Ve are requesting that the referenced projects be placed on the October 12, 1987, Pre-Council Meeting Agenda for Council consideration of approval of the construction plans. By copy of this letter, plans for these projects are being submitted to the Public Yorks Department for additional Staff. review prior to the Council meeting. Preliminary assessment rolls will be submitted to the Staff for further review and approval prior to the Pre·Council meeting also. In addition, we would recommend that items be placed on the Regular Council Agenda for approval of cost estimates and setting of "the proposed Assessment Hearing date for the Regular Council meeting on November 9, 1987, for all three proj ec ts . Article 110Sb, Section 9, of the Civil Statutes, requires that the Assessment Hearing be advertised twenty-one (21) days prior to the hearing - at least three (3) times in the newspaper, and that the property owners being assessed are notified by mail at least fourteen (14) days prior to the hearing. Based on these requirements we would suggest the following schedule: Council Approve Plans . October 12, 1987 (Pre-Council) Council Set Assess. Hearing October 12, 1987 (Regular Meeting) First Advertisement Date October 19, 1987 Property Owner Notices October 26, 1987 Second Advertisement Date October 26, 1987 Third Advertisement Date November 2, 1987 Assessment Hearings November 9, 1987 (Regular Meeting) Bidding Advertise (1) * November 17, 1987 Bidding Advertise (2) * November 24, 1987 Open Bids * December 1, 1987 Continued next page ... 1901 CENTRAL DR., SUITE 550 · BEDFORD. TEXAS 76021 . 817/283-6211 . METRO/267-3367 II i ¡-- I I I I I I I lit I I I I I I I Ie I September 30, 1987 PLANS FOR COUNCIL APPROVAL Page Council Award Contr. * December 14, 1987 (Regular Meeting) * NOTE: Bidding Advertisement for Starnes and Hightower only since ROV for Martin Drive not acquired yet, unless ROV for Martin acquired by November 17, 1987. Ve understand that all right·of-way on Hightower has been acquired, but a couple of parcels on Starnes have not yet been obtained. The Starnes Road improvements can be built without the two outstanding R.O.V. parcels, but the pa.rkway width will be restricted in those areas. Ve recommend advertising both Starnes and Hightower on the same day to get better bid prices on each project. Since no right-of.way on Martin has been acquired yet, this project should not be advertised until all the required right-of-way has been obtained. Advan~ed data on each of these projects, including "zinger" lists will be provided prior to the Council meeting of October 12, 1987, if you so direct. Otherwise, we will provide plans and other material for the Council at the Pre·Council meeting. Please call if y~u have any question. A w ~ RICHARD V. ALBIN, P.E. RVA/lld/Enclosures cc. Mr. Dennis Horvath, Assistant City Manager ~r. Gene Riddle, Director of Public Vorks -~ Mr. Greg Dickens, P.E. Assistant Director of Public Vorks Mr. Richard Royston, Director of Planning Mr. Lee Maness, Director of Finance Mr. Rex McEntire, City Attorney 2 ? CITY OF NORTH RICHLAND HILLS D t t- Administration , epar men _ .- Assessment Ordinance for Starnes Road Project, Ordinance No. 1501 Council Meeting Date: 10/12/87 GN 87-115 Agenda Number: This is the first necessary ordinance in connection with the Starnes Road project. It sets the public hearing for November 9, 1987 and directs that notices be published and mailed pursuant to Article 1105b. Recommendation: Approve Ordinance No. 1501 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available Department Head Signature ~1Il/~ City Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I -- I I I I I I I lit I I I I I I I {' I ORDINANCE NO. 1501 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON THE FOLLOWING STREET: STARNES ROAD FROM SHADY HOLLOW LANE TO TIMBERHILL DRIVE IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHLAND HILLS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of North Richland Hills, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, be improved by raising, grading, filling, paving together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the Plans and in strict accordance with the Plans and Specifications therefor, and; WHEREAS, the City Council of the City of North Richland Hills has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against abutting property and the owners therefore, and such estimates have been examined. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I . Such estimates, be, and they are hereby, adopted and approved. I I . It is hereby found and determined that the cost of improvements on each portion of street, avenue and public place hereinafter described with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to wit: (See attached chart) The estimated cost of the improvements on Starnes Road from Shady Hollow Lane to Timberhill Drive; the average amount per front foot to be assessed against abutting property and the owners thereof is (see attached schedule a.) I I I I I I I b I I I I I I I f I Ordinance No. 1501 Page 2 III. A hearing be given and held by and before the City Council of the City of North Richland Hills, Texas, to all owning or claiming any property abutting upon said portion of streets, avenues and public places, as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the 9th day of November, 1987, at 7:30 p.m. in the Council Chamber in the City Hall in the City of North Richland Hills, Texas and the City Secretary is hereby directed to given notice of the time and place of such hearing and of other matters and facts in accordance with the terms and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the Acts of said Session, now being shown as Article 1105b Vernon's Texas Civil Statutes. Such notice shall be by advertisement inserted at least three times in the City's official newspaper published in the City of North Richland Hills, Texas, the first publication to be made at least twenty-one (21) days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of said Act. The City Secretary is further directed to give personal notice of the time and place of such hearing to all owners or other claiming any property abutting on said portions of streets, avenues and public places as well as to all owning or claiming any interest in any such property. Such personal notice shall be given by the City Secretary mailing said notice, at least fourteen (14) days before date of such hearing, postage prepaid, to the respective owners of record of the properties to be assessed, and to any person owning or claiming any interest in said properties, to the last known address of said owner or persons. It shall not be necessary for the City Secretary to mail said notice to any owner or other person claiming an interest in the property to be assessed when the address of such owner or other person is unknown to the City Secretary and cannot be determined by the City Secretary after reasonable investigation. In this connection, the City Secretary shall prepare and file with there proceedings a list of the properties to be assessed, the names of those persons owning or claiming any interest in said properties to whom the notice was mailed, together with the last known address of the respective owners and those persons owning or claiming an interest in said property. The City Secretary shall certify that each of the parties named in said list whose address was known was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of the notice shall be attached to such certificate. The certificate of the City Secretary shall be conclusive evidence of the facts therein recited. Failure of the City Secretary to give notice of hearing by mail as herein provided for, or failure of the owners or other persons interested to receive said notice, shall in nowise invalidate said hearing or any assessments levied pursuant to said hearing, but notice of hearing shall be sufficient, valid and binding upon all owning or claiming such abutting property to any interest therein when same shall have been given by newspaper advertisement as first hereinabove provided. Such notice shall described in general terms the nature of the improvements for which assessments are proposed to be levied, the street or highways to be improved, the estimated amount per front foot proposed to be assessed, the estimated total cost of the improvements on each such street or highway, the time and place at which such hearing shall be held, and may consist of a copy of the published notice containing such information. I I I I I I I ~ I I I I I I I ~ I Ordinance No. 1501 Page 3 IV. The City Secretary is hereby directed to engross and enroll this Ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete Ordinance in the appropriate Ordinance Records of this City. v. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this 12th day of October, 1987. Dan Echols, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Administration Council Meeting Date: 10/12/87 Assessment Ordinance for Hightower Drive Project, Agenda Number: GN 87-116 Urdlnance No. 15U2 This is the first necessary ordinance in connection with the Hightower Drive project. It sets the public hearing for November 9, 1987 and directs that notices be published and mailed pursuant to Article 1105b. Recommendation: Approve Ordinance No. 1502 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM K11/~ . City Manager . Finance Director Page 1 of 1 I· Ia I I I I I I I lit I I I I I I I {' I ORDINANCE NO. 1502 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON THE FOllOWING STREET: HIGHTOWER DRIVE FROM MEADOWCREEK ROAD TO EXISTING HIGHTOWER SECTION IN THE CITY OF NORTH RICHlAND HIllS, TEXAS; FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO All OTHER INTERESTED PARTIES; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROll THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY OF NORTH RICHlAND HIllS CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of North Richland Hills, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of North Richland Hills, Texas, be improved by raising, grading, filling, paving together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the Plans and in strict accordance with the Plans and Specifications therefor, and; WHEREAS, the City Council of the City of North Richland Hills has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against abutting property and the owners therefore, and such estimates have been examined. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I . Such estimates, be, and they are hereby, adopted and approved. II. It is hereby found and determined that the cost of improvements on each portion of street, avenue and public place hereinafter described with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to wit: (See attached chart) The estimated cost of the improvements on Hightower Drive from Meadowcreek Road to existing Hightower section; the average amount per front foot to be assessed against abutting property and the owners thereof is (see attached schedule a.) I ~> I I I I I I I . I I I I I I I {' I Ordinance No. 1502 Page 2 III. A hearing be given and held by and before the City Council of the City of North Richland Hills, Texas, to all owning or claiming any property abutting upon said portion of streets, avenues and public places, as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the 9th day of November, 1987, at 7:30 p.m. in the Council Chamber in the City Hall in the City of North Richland Hills, Texas and the City Secretary is hereby directed to given notice of the time and place of such hearing and of other matters and facts in accordance with the terms and provisions of an Act passed at the First Called Session of the Fortieth legislature of the State of Texas, and known as Chapter 106 of the Acts of said Session, now being shown as Article 1105b Vernon's Texas Civil Statutes. Such notice shall be by advertisement inserted at least three times in the City's official newspaper published in the City of North Richland Hills, Texas, the first publication to be made at least twenty-one (21) days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of said Act. The City Secretary is further directed to give personal notice of the time and place of such hearing to all owners or other claiming any property abutting on said portions of streets, avenues and public places as well as to all owning or claiming any interest in any such property. Such personal notice shall be given by the City Secretary mailing said notice, at least fourteen (14) days before date of such hearing, postage prepaid, to the respective owners of record of the properties to be assessed, and to any person owning or claiming any interest in said properties, to the last known address of said owner or persons. It shall not be necessary for the City Secretary to mail said notice to any owner or other person claiming an interest in the property to be assessed when the address of such owner or other person is unknown to the City Secretary and cannot be determined by the City Secretary after reasonable investigation. In this connection, the City Secretary shall prepare and file with there proceedings a list of the properties to be assessed, the names of those persons owning or claiming any interest in said properties to whom the notice was mailed, together with the last known address of the respective owners and those persons owning or claiming an interest in said property. The City Secretary shall certify that each of the parties named in said list whose address was known was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of the notice shall be attached to such certificate. The certificate of the City Secretary shall be conclusive evidence of the facts therein recited. Failure of the City Secretary to give notice of hearing by mail as herein provided for, or failure of the owners or other persons interested to receive said notice, shall in nowise invalidate said hearing or any assessments levied pursuant to said hearing, but notice of hearing shall be sufficient, valid and binding upon all owning or claiming such abutting property to any interest therein when same sha1l have been given by newspaper advertisement as first hereinabove provided. Such notice shall described in general terms the nature of the improvements for which assessments are proposed to be levied, the street or highways to be improved, the estimated amount per front foot proposed to be assessed, the estimated total cost of the improvements on each such street or highway, the time and place at which such hearing shall be held, and may consist of a copy of the published notice containing such information. I, ~ I I I I I I I a I I I I I I I f I Ordinance No. 1502 Page 3 IV. The City Secretary is hereby directed to engross and enroll this Ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete Ordinance in the appropriate Ordinance Records of this City. v. This Ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this 12th day of October, 1987. Dan Echols, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City I CITY OF NORTH RICHLAND HILLS Finance Department:.. 10/12/87 Council Meeting Date: Nomination for Membership on Tax Appraisal District Board Resolution No. 87-30 Agenda Number: GN 87-117 The process for selecting members of the Tarrant Appraisal District Board of Directors was established by the State Property Tax Code. The selection process is based on each taxing entity's taxable value in relationship to the total value of all taxing units. Each taxing unit may nominate one candidate for each of the five positions to be filled. Attached is a resolution that City Council may nominate a person to the board. Reconunendation: It is recommended that the attached resolution be adopted nominating and subsequently casting North Richland Hill's 45 votes for the proposed candidate. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number N/A SUffiCi~nd~Je ~ ///q~_..~ KØ1d:~~ Department Head Signature City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of 1 I I · . I I I I I I I . I I I I I I I ~ I RESOLUTION NO. 87-30 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: The City of North Richland Hills does hereby nominate and cast its votes for as the Director for the Tarrant County Appraisal District. PASSED AND APPROVED this 125h day of October, 1987. Mayor ATTEST: City Secretary CITY OF NORTH RICHLAND HILLS Department: _ Admin.istration . Ordlnance ueclarlng a NeceSSlty for ~omp)etlng aUbjecto Drainage Plans Consistent with S.B. 360, · ~apltaJ Impact tees, Ordlnance ~o. 1b03 Council Meeting Date: 10/12/87 Agenda Number: GN 87-118 Copy of ordinance will be furnished Friday or Monday depending on City Attorney's schedule for completion of the ordinance. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available Department Head Signature RØt ~' city Manager . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I" I I I I I I I I I I I I I I I I I I ORDINANCE NO. 1503 WHEREAS, the City Council has heretofore approved an overall drainage plan for the following drainage areas in the City of North Richland Hills, Tarrant County, Texas: Big Fossil Creek Drainage area including tributaries to said creek, Callaway Branch Drainage area including tributaries thereto, Walkers Branch Drainage area including tributaries thereto, little Bear Creek Drainage area including tributaries thereto and Mesquite Branch including tributaries thereto; and WHEREAS, the legislature of Texas in 1987 passed Senate Bill 336 which has been signed by the governor and is now the law in this state; and WHEREAS, in order to protect the health and wealth of the citizens of the City and prevent flooding which might be caused by future development in each of the above drainage areas a plan must be devised for financing the augmentation of the drainage plan and such financing plan must comply with the terms of Senate Bill 336; and WHEREAS, the development of such plan must include impact fees on undeveloped land within the drainage areas in order to equitably apportion the cost of future drainage and flood control projects to control storm water; and WHEREAS, the City Council intends to comply with Senate Bill 336 in establishing impact fees to pay for future drainage and flood control projects in the above drainage areas; WHEREAS, a study is necessary in order to begin the procedure called for by Senate Bill 336. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Council adopts the findings set out above. 2. The City Council directs the City Manager to immediately cause a study to be done to insure compliance with Senate Bill 336 (1987 legislative Session) in establishing impact fees and/or pro rata agreements to finance flood control and drainage projects within the drainage areas set out above, as those drainage areas affect property in the City of North Richland Hills, Tarrant County, Texas. The City Council gives notice of its intent to establish impact fees by compliance with the procedures set out in said Senate Bill 336. I I I I I I I I I I I I I I I I I I I .... Ordinance No. 1503 Page 2 3. The City Staff is directed to evaluate adverse drainage impact in each outfall drainage area at the time a zoning or platting application is filed. If, in the opinion of the Planning and Development Director and the City Engineer, a proposed plat or zoning application does adversely impact drainage in any of the above drainage areas, then the said Director sha1l be authorized to delay the filing of the application until the City Engineer has had sufficient time, not to exceed 21 days, to determine whether or not the granting of the application would constitute a danger to the pub1ic health and safety of the City and its inhabitants. The terms of this paragraph shall not be construed as a moratorium on new development. Any aggrieved person may file an appeal to the City Council and the applicant shall be entitled to file the application un1ess the City Council finds, after hearing, that the granting of the application would constitute_ an immediate danger to the public health and safety of the City and its inhabitants. The authorization to delay shall not affect applications which are filed and pending. 4. Pursuant to the terms of Senate Bill 336, the City Manager is directed to use non-employee qualified professionals in conducting this initial study. 5. In order to avoid disruption of development within the City, the City Manager is directed to have the initial plan completed and returned to the City Council within 45 days. To extend this time limit, a majority vote of the City Council shall be required. 6. In order to put land owners, purchasers and prospective purchasers on notice of the provisions of this ordinance, it is ordered that the City Secretary record this Ordinance in the appropriate records of the city and the county. 7. This ordinance shall be in full force and effect from date of passage and approval. I' I I I I I I I I I I I I I I I I I I Ordinance No. 1503 Page 3 PASSED AND APPROVED THIS 12th day of October, 1987 by the City Council of the City of North Richland Hills, Texas. ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED: Mayor CITY OF NORTH RICHLAND HILLS Department: ._ Purchasing 411.fubject: Reject Bids for Type I Ambulance Chassis Remount I Council Meeting Date: 10/12/87 Agenda Number: PU 87-41 At the regularly scheduled Council Meeting of September 28, 1987, Council approved the rejection of bids for a complete new ambulance, and authorized the funds be reappropriated for Fiscal Year 1987-88. Staff has also obtained bids for a remount of an ambulance presently in the fleet. (A remount is installing our present module on a new chassis.) On September 29, 1987, sealed bids were opened for the remount of our Type I Module Ambulance as described above. Bids are summarized as follows: Vendor Exceptions Amount 1 . Collins 3 $32,355 (Alternate) 3 (87 Chassis> $31,800 2. Russell Bros. 13 $26,950 Staff solicited bids from eight (8) vendors, and only two (2) re?ponded. Both vendors; Collins and Russell Bros., failed to provide acceptable bid bonds. In addition, staff finds both bids unacceptable for the remount and would be in the best interest of the City of North Richland Hills to readvertise for competitive bids simultaneously with the request for proposals on a new ambulance. Recommendation: Reject all bids~ readvertise and solicit new bid proposals. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other - Acct. Number N/ A SUff.z;ndS Available ~ -... ".. ;2lik~' Department Head Signatu ' City Manager CITY COUNCIL ACTION ITEM W\U , Finance Director Page 1 of