HomeMy WebLinkAboutCC 2006-09-25 Agendas
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, September 25,2006
6:00 P.M.
Discuss Items from Regular City Council Meeting
IR 2006-100 Substandard Building Abatement Update (10 Minutes)
IR 2006-102 Briefing by BRW Architects on Upcoming Award of Contract and Options
for the Construction of the New Library (15 Minutes)
IR 2006-104 Discuss Scheduling of November 27 and December 25, 2006 City Council
Meetings (5 Minutes)
EXECUTIVE SESSION - The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
Executive Session: Pursuant to Sec. 551.071, Texas Government Code to Consult with
Attorney about Pending Litigation
Davis v. NRH, et al.
Jacobson v. City of North Richland Hills, et al.
Friend v. City of North Richland Hills, et al.
Rodgers v. City of North Richland Hills
Del Rio v. City of North Richland Hills
B.2 Executive Session: Deliberation Regarding Economic Development Negotiations as
Authorized by Section 551.087
South Grapevine Highway Area
C.O Adjournment
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Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on September 22,2006 até:35 ~.ffi
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code. '
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CITY OF NORTH RICH LAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICH LAND HILLS, TEXAS
Monday, September 25,2006
7:00 P.M.
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Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
o Library on the Friday prior to the meeting (available electronically)
o City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
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A.O
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A.2
A.3
A.4
Call to Order - Mayor Trevino
Invocation - Councilwoman Compton
Pledge - Councilwoman Compton
Special Presentation( s) and Recognition( s)
Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by
the Council of any subject which is not on the posted agenda, therefore the Council
will not be able to discuss or take action on items brought up during the citizens
presentation.
A.5 Removal of Item(s) from Consent Agenda
B.O
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CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
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requests, in which event the item will be removed from the Consent Agenda and
considered.
B.1
Approval of Minutes of September 11, 2006 City Council Meeting
B.2
PU 2006-054 Authorize Contract Extension with Atlas Utility Supply Company through
April 20, 2007 for Water Meters and Telemetric Devices - Resolution No. 2006-077
GN 2006-086 Renewal of General Parks Mowing Contract with VMC Landscape
Services for an Additional One Year Period, in the amount of $174,505 - Resolution No.
2006-079
B.3
B.4
GN 2006-087 Authorize the City Manager to enter into an agreement with Motorola to
manage the transition of the Mobile Data Radio system as mandated by Federal
Communications Commission - Resolution No. 2006-080
C.O
PUBLIC HEARINGS
C.1
ZC 2006-11 Public Hearing and Consideration of a Request from Mr. & Mrs. McCarty to
Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single Family
Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres). Ordinance No. 2900.
*This P'ublic Hearing and Consideration was Continued at the September 11, 2006 City
Council Meeting until September 25, 2006.*
D.O
PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
D.1 FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a Final
Plat of Lot 1, Block 1, McCarty Addition (Located in the 7400 Block of Eden Rd. -- 1.4
acres). *This Final Plat was Continued at the September 11, 2006 City Council Meeting
until September 25, 2006. *
E.O PUBLIC WORKS
No items for this category.
F.O GENERAL ITEMS
F.1 PU 2006-055 Approve a Contract with Modern Contractors, Inc. for the Construction of
a Live Fire Training Facility in the Amount of $705,500 - Resolution No. 2006-078 and
Revise the 2005/2006 Capital Projects Budget
F.2 GN 2006-088 Appointment of Board Delegates to Reinvestment Zone No. 1 (TIF #1)
and Appointment of Chair
F.3
GN 2006-089 Appointment of Board Delegates to Reinvestment Zone No.2 (TIF #2)
and Appointment of Chair
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F.6
F.7
GN 2006-090 Appoint Members of the Youth Advisory Committee
Action on Any Item Discussed in Executive Session Listed on Work Session Agenda
INFORMATION AND REPORTS - Councilman Sapp
Adjournment
All items on the agenda are for discussion and/or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on September 22,2006 at ß~Õ5~fu.
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This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
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A.4
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall Pre-Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, September 25,2006
6:00 P.M.
A.1
Discuss Items from Reqular City Council Meetina
A.2
IR 2006-100 Substandard Buildina Abatement Update (10 Minutes)
A.3
IR 2006-102 Briefinq by BRW Architects on Upcominq Award of Contract and
Options for the Construction of the New Library (15 Minutes)
IR 2006-104 Discuss Schedulinq of November 27 and December 25.2006 City
Council Meetinqs (5 Minutes)
B.O
EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the followinq as authorized by Chapter 551. Texas
Government Code
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B.1 Executive Session: Pursuant to Sec. 551.071. Texas Government Code to
Consult with Attorney about Pendinq Litiqation
Davis v. NRH, et al.
Jacobson v. City of North Richland Hills, et al.
Friend v. City of North Richland Hills, et al.
Rodgers v. City of North Richland Hills
Del Rio v. City of North Richland Hills
B.2 Executive Session: Deliberation Reaardinq Economic Development Neaotiations
as Authorized by Section 551.087
South Grapevine Highway Area
C.O Adjournment
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No.A.1
Subject: Discuss Items from Regular City Council Meeting
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-100
Date:
September 25, 2006
Subject:
Substandard Building Abatement Update
Prior to the establishment of the Substandard Building Board in June of 2002, all substandard
buildings were addressed through the building code. The establishment of this Board not only
set guidelines in determining a structure to be substandard but also established a stricter
enforcement process, hence, better compliance results.
Since 2002-03, compliance (voluntary) has been gained on 11 substandard structures without
processing them through the Substandard Building Board. In 2003-04, 14 structures were
brought into voluntary compliance with only 1 property having to be taken to the Board.
In 2005, the Substandard Building Board process was moved from Building Inspections
Division to the Code Enforcement Division. More attention has been given to abating
substandard conditions and these numbers will continue to climb in order to achieve our goal
of reducing neighborhood decline. In 2004-05, 35 new cases were addressed with 3
properties taken to the board. From October of 2005 through September 1, 2006, the code
enforcement officer's have worked 57 cases with approximately 6 cases having to be
addressed through the Substandard Building Board. All the other cases, through working with
the homeowners, have been brought into voluntary compliance.
This worksession presentation will update Council on some,of the cases that the code officer's
have worked either by gaining voluntary compliance by the homeowner or by gaining enforced
compliance through the Substandard Building Board process.
It is anticipated that these numbers will increase significantly as the code officer's identify more
substandard structures through the Neiahborhood LOOKS Proaram and begin addressing
these situations. Substandard structures will be addressed through the Neiahborhood Initiative
Proaram, or if they qualify, through the Community Development Block Grant (CDBG) process.
Properties taken to the Substandard Building Board is our last resort in gaining compliance of
an unsafe, unhealthy environment. Our objective is to encourage property owners to bring their
properties up to a good, safe condition and to keep them in such condition to protect our
residential neighborhoods so that they can continue to be viable and desirable for our
residents.
Respectfully Submitted,
Jo Ann Stout
Director of Neighborhood Services
-- ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-102
Date: September 25,2006
Subject: Briefing by BRW Architects on Upcoming Award of Contract and
Options for the Construction of the New Library
Architects from BRW (Brown Reynolds Watford Architects) will attend the Monday
night Work Session to brief the City Council on the status of the upcoming construction
of the new Library. As you know, proposals were received on August 29, 2006. We
had ten contractors submit their interests and the outcome was very good. Steele &
Freeman, Inc. offered the lowest proposal, including all five alternate items.
At the meeting, we will also brief the City Council on the next step of awarding a
contract which is set for October 9, 2006, as well as other potential options to be
considered by the Council. A short PowerPoint presentation will be included.
After the presentation, we are requesting that Council provide direction as to which
options you wish to pursue so that we can negotiate with the contractor and be
prepared to bring the contract to the October 9 meeting for your consideration.
Respectfully Submitted,
Richard Torres
Assistant City Manager
ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-104
Date: September 25, 2006
Subject: Discuss the Scheduling of the November 27 and December 25
Council Meetings.
The second Council meeting in November falls close to the Thanksgiving holidays and
the second meeting in December is on Christmas Day. In the past when Council
meetings have fallen on or close to a holiday, Council has opted to cancel the
meetings and directed staff to notify Council if any significant issues arise warranting a
special meeting. A survey has been conducted with all departments to determine if
there are any significant issues scheduled to be brought before Council on the second
meeting dates in November and December. The directors responded that they knew
of no known issues scheduled for the meetings or of any upcoming items that would be
impacted by a change in the council meeting schedule. Should Council desire, the two
meetings can be cancelled and if there is unexpected business that cannot be handled
at the remaining meetings, a special meeting can be scheduled. Staff is requesting
Council direction on the scheduling of the November 27 and December 25 City Council
meetings.
Respectfully Submitted,
Patricia Hutson
City Secretary
...... ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda NO.B.O
Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas Government
Code
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: George Staples
Council Meeting Date: 9-25-2006
Agenda No.B.1
Subject: Executive Session: Pursuant to Sec. 551.071, Texas Government Code to
Consult with Attorney about Pending Litigation
Davis v. NRH, et al.
Jacobson v. City of North Richland Hills, et al.
Friend v. City of North Richland Hills, et al.
Rodgers v. City of North Richland Hills
Del Rio v. City of North Richland Hills
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No.B.2
Subject: Executive Session: Deliberation Regarding Economic Development
Negotiations as Authorized by Section 551.087
South Grapevine Highway Area
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Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No.C.O
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A.O
City of North Richland Hills
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, September 25, 2006
7:00 P.M.
Call to Order - Mayor Trevino
A.1
Invocation - Councilwoman Compton
A.2
Pledqe - Councilwoman Compton
A.3
Special Presentation(s) and Recoqnition(s)
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted agenda,
therefore the Council will not be able to discuss or take action on items brought
up during the citizens presentation.
A.5 Removal of Item(s) from Consent Aqenda
B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
. Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of September 11. 2006 City Council Meetinq
B.2 PU 2006-054 Authorize Contract Extension with Atlas Utility Supply Company
throuqh April 20. 2007 for Water Meters and Telemetric Devices - Resolution No.
2006-077
B.3 GN 2006-086 Renewal of General Parks Mowinq Contract with VMC Landscape
Services for an Additional One Year Period. in the amount of $174.505-
Resolution No. 2006-079
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8.4 GN 2006-087 Authorize the City Manaqer to enter into an aqreement with
Motorola to manaqe the transition of the Mobile Data Radio system as mandated
by Federal Communications Commission - Resolution No. 2006-080
C.O PUBLIC HEARINGS
C..1 ZC 2006-11 Public Hearina and Consideration of a Request from Mr. & Mrs.
McCarty to Approve a Zonina Chanae from "AG" Aaricultural to "R-1-S" Special
Sinqle Family Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres).
Ordinance No. 2900. *This Public Hearinq and Consideration was Continued at
the September 11, 2006 City Council Meetinq until September 25, 2006.*
D.O PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
0.1 FP 2006-11 Consideration of a Request from Mr. & Mrs. McCartv to Approve a
Final Plat of Lot 1, Block 1, McCarty Addition (Located in the 7400 Block of Eden
Rd. -- 1.4 acres). *This Final Plat was Continued at the September 11,2006 City
Council Meetina until September 25, 2006.*
E.O PUBLIC WORKS
No items for this category.
. F.O GENERAL ITEMS
F.1 PU 2006-055 Approve a Contract with Modern Contractors, Inc. for the
Construction of a Live Fire TraininQ Facilitv in the Amount of $705,500 -
Resolution No. 2006-078 and Revise the 2005/2006 Capital Proiects Budaet
F.2 GN 2006-088 Appointment of Board Deleqates to Reinvestment Zone NO.1 (TIF
#1 ) and Appointment of Chair
F.3 GN 2006-089 Appointment of Board Deleqates to Reinvestment Zone NO.2 (TIF
#2) and Appointment of Chair
F.4 GN 2006-090 Appoint Members of the Youth Advisory Committee
F.5 Action on Anv Item Discussed in Executive Session Listed on Work Session
Aaenda
F.6 INFORMATION AND REPORTS - Councilman Sapp
F.7 Adiournment
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. A.O
Subject: Call to Order - Mayor Trevino
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. A.1
Subject: Invocation - Councilwoman Compton
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. A.2
Subject: Pledge - Councilwoman Compton
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Subject: Special Presentation(s) and Recognition(s)
Council Meeting Date: 9-25-2006
Agenda No. A.3
CITY OF
NORTH RICHLAND HILLS
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Department: City Secretary
Presented by:
Council Meeting Date: 9-25-2006
Agenda No. A.4
Subject: Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any
subject which is not on the posted agenda, therefore the Council will not be able to
discuss or take action on items brought up during the citizens presentation.
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Subject: Removal of Item(s) from Consent Agenda
Council Meeting Date: 9-25-2006
Agenda No. A.5
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 9-25-2006
Agenda No. 8.0
Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. B.1
Subject: Approval of Minutes of September 11 , 2006 City Council Meeting
Recommendation:
To approve the minutes of September 11, 2006 City Council Meeting
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MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS,
HELD IN THE CITY HAll, 7301 NORTHEAST
lOOP 820 - September 11, 2006
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
11th day of September, 2006 at 6:10 p.m. in the Pre-Council Room prior to the 7:00
p.m. regular Council meeting.
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
Scott Turnage
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
Monica Solko
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Eric Wilhite
Drew Corn
Vickie Lottice
Thad Chambers
JoAnn Stout
Chris Swartz
Absent:
David Whitson
Tim Welch
Call to Order
Mayor
Mayor Pro Tern, Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 6
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Director of Planning & Development
Finance Director
Public Works Director
Chief Planner
Budget Director
Parks and Recreation Director
Economic Development Director
Neighborhood Services Director
NRH20 Park Manager
Council, Place 5
Council, Place 7
Mayor Trevino called the work session to order at 6: 10 p.m.
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A.O Discuss Items from Reaular City Council Meetina
There were no items discussed.
A.2 IR 2006-098 Municical Settina Desianation
Mike Curtis, Director of Public Works, presented a PowerPoint presentation. In 2003,
HB 3152 created Municipal Setting Designations (MSDs). This is a process in which
persons addressing environmental impacts to groundwater may be subject to less
stringent groundwater investigation and mitigation requirements under the Texas Risk
Reduction Program (TRR).
A person, typically a developer or property owner, must apply to the Texas Commission
on Environmental Quality (TCEQ) for certification of their property as a MSD. This
process consists of the following.
· File an application with the TCEQ establishing compliance with the eligibility
criteria for a MSD.
· Notify affected municipalities, retail public utilities, and private owners of
registered water wells.
· Demonstrate that the property for which the designation is sought is subject to a
municipal ordinance or deed restrictions prohibiting potable uses of affected
g rou ndwater.
· Obtain a resolution in support of the application from municipalities and public
utilities located within a 5 mile radius.
· Satisfy TCEQ (after 60-day public comment period) that the application is
administratively complete and there are no grounds for denial of the application
based on current and future regional water resource needs or obligations.
If granted, the applicant will not be required to clean up designated groundwater on their
site to drinking water standards. However, other cleanup standards such as inhalation
and contact must still be met. The application will not be approved by the TCEQ if the
municipality where the site is located does not give formal approval. That approval
must be by means of a City Council Resolution supporting the application and an
ordinance prohibiting potable use of groundwater in the MSD. Potable use is defined
here as water used for irrigating crops intended for human consumption, drinking,
showering, bathing or cooking purposes.
A.3 IR 2006-099 Discussion of Procosed Revisions to Zoninq Table of Permitted
Uses
John Pitstick, Director of Planning and Development, presented a PowerPoint
presentation and summarized the item. There are five major revisions to the Zoning
Table of Permitted Uses:
· Elimination of conditional special use permit (CS)
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· Specifying outdoor commercial uses to allow and encourage outdoor
entertainment uses
· Specifying a minimum of 5 acres for automobile and truck dealership
· Clarifying allowed uses with alcohol sales
· Adding new and unlisted land uses
A.4
Adiournment
Mayor Trevino announced at 6:48 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.O
CALL TO ORDER
Mayor Trevino called the meeting to order September 11, 2006 at 7:00 p.m,
ROLL CALL
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
Scott Turnage
Tim Welch
Mayor
Mayor Pro Tern, Council Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 6
Council, Place 7
Staff:
Larry J. Cunningham
Ogden Bo Bass
Richard Torres
Patricia Hutson
Monica Solko
George Staples
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
Absent:
David Whitson
Council, Place 5
A.1
INVOCATION
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Mayor Trevino announced that a special ceremony would take place in order to observe
the anniversary of the 9/11 tragedy. Fire Chief Andy Jones came forward said a few
words while the color guard stood front and center.
A.2
PLEDGE OF ALLEGIANCE
Councilwoman Compton led the pledge of allegiance. Police Officer Larry Irving gave
the invocation. Mayor Trevino introduced former Councilwoman Joann Johnson who
sang God Bless America.
A.3
SPECIAL PRESENTATION{S) AND RECOGNITION{S)
PROCLAMATION NATIONAL RECOVERY MONTH-
PRESENTED BY COUNCIMAN KEN SAPP
Councilman Sapp read the proclamation, proclaiming September 2006 as National
Alcohol and Drug Addiction Recovery Month.
A.4
CITIZENS PRESENTATION
Mayor Pro Tem Lewis stated there were three citizens wishing to speak this evening,
He called for Laverne O'Steen to speak first. Ms. O'Steen, 8429 Emerald Circle,
presented a picture of a crumbling brick column. At her last presentation, Mr. Staples
had referred to a letter from FEMA and stated she had a letter from FEMA dated a few
days after the one referred by Mr, Staples, She presented a copy of the letter from
FEMA to the council. She stated that she also had a bid that was received back in 2002
by a company willing to correct the problem by hauling out the retaining walls and
reconstructing retaining walls that would hold up. That bid was for approximately 1.6
million dollars. Ms. O'Steen handed a copy of the bid to council.
Mayor Trevino asked Bo Bass, Assistant City Manager who the fence was owned by.
Mr. Bass replied that all indications show that the fence is owned by the Home Owners
Association. The Mayor stated that the neighborhood owns the fence and that we were
looking at 1.6 million dollars of city tax payer money to fix a private fence. Mr. Bass
replied that would appear to be the request of Ms. O'Steen.
George Staples, City Attorney, stated that the City was very aware of Ms. Q'Steen's
concerns, however - as has been stated on numerous occasions - this is an issue on
private property that is owned and maintained by the Emerald Hills Home Owners
Association. There is no legal basis for the City to assume any private obligations for
the maintenance of the wall and lake. City staff has repeatedly responded to questions.
In addition, City staff has provided Ms. O'Steen access to City records on the issue and
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offered copies of these materials. Ms. O'8teen has been notified in a letter from FEMA
that the City has met all of the requirements associated with the flood plain permit and
process. No public life-safety issue has been observed. If there is a safety issue, it is
the responsibility of the private property owner to correct it. Once again, the problems
Ms. O'8teen keeps referring to are on private property. The City simply cannot go in
and make improvements on private property. It is the responsibility of every private
property owner to take care of their own private property repair and maintenance items
and not the responsibility of the taxpayers of our community.
Mayor Pro Tem Lewis called for the next speaker Ms. JoAnn Johnson. JoAnn Johnson,
4704 Blaney, wanted to thank the council for inviting her to sing at the special
ceremony. Ms. Johnson wanted to also thank the City Council, City staff, Naming
Board and Park and Recreation Board for the wonderful honor of naming the hike and
bike trail the "JoAnn Johnson Trail" (formerly known as South Electric Trail) in the last
City Council Meeting.
Mayor Pro Tem Lewis called on the last speaker to speak Mr. Chase Anderson. Chase
Anderson, 5912 Cripple Creek Trail, second grade student at Walker Creek Elementary,
read a letter he had written to Mayor Trevino. His class project was to make a
difference in their city. Mr. Anderson chose to write a letter to the Mayor to pass a law
to stop smoking in public places in North Richland Hills.
A.5
REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA
None.
B.O
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF AUGUST 24,2006 SPECIAL CITY COUNCIL
MEETING
B.2 APPROVAL OF MINUTES OF AUGUST 28,2006 CITY COUNCIL MEETING
B.3 PW 2006-031 APPROVE CITY DEVELOPER AGREEMENT FOR
REIMBURSEMENT OF INFRASTRUCTURE IMPROVEMENTS BEYOND THE
DEVELOPER'S PROPORTIONATE SHARE FOR THE FOUNTAIN RIDGE
SUBDIVISION - RESOLUTION NO. 2006-076
8.4 GN 2006-082 APPROVAL OF 2006 CERTIFIED TAX ROLL - RESOLUTION
2006-074
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B.5 GN 2006-084 TERMINATION OF INTERLOCAL AGREEMENT BETWEEN THE
CITIES OF NORTH RICHLAND HILLS AND WATAUGA FOR ANIMAL
IMPOUND - RESOLUTION NO. 2006-073
MAYOR PRO TEM LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN
COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
PUBLIC HEARINGS
C.1
RP 2006-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
GRAHAM RANCH PARTNERS, L.T.D. TO APPROVE A REPLAT OF LOTS 1-11,
BLOCK 9R AND LO·TS 1-13, BLOCK 12, GRAHAM RANCH - PHASE TWO
(LOCATED EAST OF RUFE SNOW AND NORTH OF CHAPMAN RD. -- 22.368
ACRES).
APPROVED
Mayor Trevino opened the public hearing and asked for the applicant to come forward.
Mark Howell, 6617 Precinct Line Road, came forward and stated he was available to
answer any questions the Council had.
Eric Wilhite, Chief Planner, summarized the item. He stated that there was a correction
on the acreage on the subject line from 22.368 to 5.89 acres. A replat is required any
time it is proposed to subdivide a previously approved subdivision. Because this is a
replat of property which has residential zoning, Local Government Code requires a
public hearing be held. The applicant, Graham Ranch Partners L.T.D. is requesting a
replat of Graham Ranch - Phase Two, Lots 1-12, Block 9R and Lots 1-13, Block 12.
This replat will change what was one large lot to create 24 additional single family lots
and streets tying into the surrounding lots and street configuration of the previous plat.
The Planning & Zoning Commission met on Thursday, August 17, 2006 and
recommended 7-0 to approve.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
COUNCILMAN TURNAGE MOVED TO APPROVE RP 2006-07. COUNCILWOMAN COMPTON
SECONDED THE MOTION.
.
MOTION TO APPROVE CARRIED 6-0.
C.2
ZC 2006-10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
ROYAL BUILDING CORPORATION TO APPROVE A ZONING CHANGE FROM "AG"
AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7600
BLOCK OF FRANKIE B RD. -- .997 ACRES). ORDINANCE NO. 2899
APPROVED
Mayor Trevino opened the public hearing and asked for the applicant to come forward.
Mark Comis, 7420 Comis Drive, came forward. He was coming before council with a
recommendation from P&Z Commission to change from his original request of R-3
zoning to R-2 zoning. He was available to answer any questions the Council had.
.
Eric Wilhite, Chief Planner, summarized the item. The applicant, Mr. Mark Comis
representing Royal Building Cooperation submitted a zoning change request to rezone
two tracts totaling approximately 0.997 acres from "AG" Agricultural to "R-3" Residential
for the purpose of developing a multi-lot subdivision. The "R-3" zoning district requires
a minimum 7,700 square foot lot and a minimum 1 ,800 square foot dwelling unit size.
During the Planning and Zoning Commission public hearing the applicant was
requested by the Commission to consider a change to the zoning request to "R-2". The
"R-2" district requires 9,000 square foot lots, and a minimum 2,000 square foot dwelling
unit size. The applicant agreed to amend the original request of "R-3" to now be a
request to "R-2". In general review of the property it would appear the dimensions of the
tract would permit the same number of "R-2" lots as could be developed as "R-3" with
narrow lot requirements. The Planning & Zoning Commission met on Thursday, August
17, 2006 and recommended 7-0 to approve.
Staff had received a petition of opposition to the "R-3" zoning request. None of the
residents however appeared before the Planning & Zoning Commission. Staff has
consulted with the City's legal counsel, and it was determined that the original petition is
no longer valid due to it specifically being against the "R-3" zoning request. The zoning
change request being heard by City Council is for "R-2" and as late as this afternoon
another petition of opposition was received by staff. Staff confirmed that it was about
30% of those signatures were within the 200 ft. notification. However, the petition of
opposition did not specifically state that they were in opposition of R-2 zoning change,
only that they were opposed to anything allowing the property to be split into more than
two lots.
Mayor Trevino asked what other zoning could the property be changed to besides R-2
zoning. Mr. Wilhite stated that Comprehensive Land Use Plan indicates a low density
residential which is R-2, R-3 or even R-1. It could possibly be divided into three lots
based on the minimum width of an R-3 lot. He did not think it would meet the minimum
square footage and it could not stay as one lot as R-1-S because that requires a
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minimum of 1 acre and the property is below 1 acre. The only thing that could be done
is R-1 and still possibly be split into three lots.
Councilwoman Compton stated that the item before them was a zoning change and not
the decision of lots sizes.
Mayor Trevino called for anyone wishing to speak an opposition to this change to
please come forward.
Mayor Pro Tern Lewis stated he had received a Public Meeting Appearance Card on a
citizen wishing to speak on this item. He called for Randall Robinson to come forward.
Randy Robinson, 7548 Hightower, came forward. He stated his property was behind
Mr. Comis' proposed property on Buck Street. Mr. Robinson stated he was the
representative for the people on the petition. They were against the property being
subdivided into more than two lots. He stated that houses to the east, west and each
corner are on half acre lots. They are wanting to keep the same consistency for the
neighborhood, one house per half acre lot.
Mayor Trevino called for anyone else wanting to speak in opposition to come forward.
John Henyan, 7700 Frankie B, came forward. He stated he was the one who brought
up the original petition stating they were opposed to R-3 zoning on the property. He
stated that Mr. Comis came in at the last minute and changed his request to R-2 making
the petition null and void, atter days of putting it together. This second petition did not
have all the names as the original, due to people being on vacation or not home at the
time. He felt that the people that originally signed the first petition would also feel the
same about the R-2 zoning change. He did not want someone coming in and building
big houses on little lots and taking away the country feel their neighborhood has now.
Mayor Trevino asked Mr. Wilhite if Mr. Comis changed the request from R-3 to R-2. Mr.
Wilhite stated ~he P&Z Commission and staff suggested that Mr. Comis change his
request to R-2 and Mr. Comis agreed.
Mayor Trevino called for anyone else wishing to against the request to come forward or
in favor to come foward
Mark Comis, 9917 Comis Drive, came forward. He wanted to make a comment that if
he develops the property he will be extending the sewer line which will start to the north
side of the neighborhood and go back to the west. He had spoken with two home
owners on the north end of the street and they were in favor of him running the sewer
line. He stated that without running the sewer line no one could develop the two half
acre lots because they do not allow septic tank. He stated by running the sewer line
over to the property it would be more beneficial to him if there were four lots.
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Mayor Trevino called for anyone else wanting to speak for or against the request please
come forward.
Diane Henyan, 7700 Frankie 8, came forward. She stated that on the first petition all
the neighbors to the north side of the street signed against the R-3 zoning. She said
that Mr. Comis had stated that the people were in favor of him adding the sewer line but
they were against the R-3 zoning change.
Mayor Trevino called again for anyone wishing to speak for or against the item to come
forward. There being no one wishing to speak, Mayor Trevino closed the public hearing
and called for the motion.
MAYOR PRO TEM LEWIS MOVED TO APPROVE ORDINANCE No. 2899. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
C.3
ZC 2006-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MR.
& MRS. MCCARTY TO APPROVE A ZONING CHANGE FROM "AG"
AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED
IN THE 7400 BLOCK OF EDEN RD. --1.4 ACRES). ORDINANCE NO. 2900
CONTINUE TO SEPTEMBER 25. 2006
Mayor Trevino opened the public hearing and read a letter submitted by the applicant
requesting the City Council to continue items C.3 (ZC 2006-11) and C.4 (FP 2006-11)
until the next City Council Meeting, set for September 25, 2006. The applicant's
purpose was to appeal the City Engineers determination of "rough proportionality"
relative to sanitary sewer improvements.
Mayor Trevino called for anyone else wanting to speak for or against the request please
come forward.
Dana McCarty, 8108 Thornwood Drive, the applicant came forward. She stated that
she was asking for a continuance on the item due to unforeseen costs of adding a
sewer line because of rough proportionality. She stated that the City was working with
her on this matter.
COUNCILMAN SAPP MOVED TO CONTINUE ZC 2006-11 TO THE SEPTEMBER 25, 2006 CITY
COUNCIL MEETING. COUNCILMAN WELCH SECONDED THE MOTION.
MOTION TO CONTINUE THE PUBLIC HEARING ON ZC 2006-11 CARRIED 6-0.
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C.4
FP 2006-11 CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO
APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, MCCARTY ADDITION (LOCATED
IN THE 7400 BLOCK OF EDEN RD. -- 1.4 ACRES).(THIS ITEM IS NOT A PUBLIC
HEARING BUT RELATED TO ITEM C.3)
CONTINUE TO SEPTEMBER 25. 2006
Mayor Trevino stated this item was not a public hearing but was associated to the
previous item. The Mayor again read the letter that the applicant was requesting that
the City Council continue item C.4 (FP 2006-11) and waive the 30 day deadline of
approval for this plat until the next City Council Meeting, September 25, 2006.
MAYOR PRO TEM LEWIS MOVED TO CONTINUE FP 2006-11 TO THE SEPTEMBER 25, 2006 CITY
COUNCIL MEETING AND GRANTING THE APPLICANT'S REQUEST TO WAIVE THE 30 DAY DEADLINE
FOR PLAT APPROVAL. COUNCILMAN TURNAGE SECONDED THE MOTION.
MOTION TO CONTINUE FP 2006-11 CARRIED 6-0.
C.5
ZC 2006-12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST TO
APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL
SINGLE FAMILY (LOCATED IN THE 6700 BLOCK OF MEADOW RD. -- 3.0) -
ORDINANCE NO. 2901
APPROVED
Mayor Trevino opened the public hearing and asked for the applicant to come forward.
Dencil Long, 6704 Meadow Road, the applicant came forward. He stated he was
available to answer any questions the Council had.
Eric Wilhite, Chief Planner gave a summary of the item. He stated that the applicant,
Mr. Dencil Long, originally submitted a request for approval of a zoning change from
"AG" (Agricultural) to "R-1" (Single Family Residential) for the purpose of remodeling
and adding onto an existing single family residence. Due to the large size of the
property the Planning and Zoning Commission felt that the lot would be of more than
adequate size for the permitted agricultural type activities such as having livestock, and
therefore suggested and asked Mr. Long that he consider amending his request to be
R-1-S (special single family). Mr. Long agreed to do so. The zoning request being made
to City Council is to rezone the subject property to "R-1-S".
During the application and Development Review Committee process, the applicant did
not indicate the desire to have the agricultural type uses that are permitted in the "R-1-
S" residential zoning district, therefore the application was processed as requested.
Based on the size of the property, and the Comprehensive Land Use Plan, "R-1-S" or
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.
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"R-1" is acceptable in this area. The Planning & Zoning Commission recommended
approval of ZC 2006-12 by a vote of 7-0.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
COUNCILWOMAN COMPTON MOVED TO APPROVE ORDINANCE No. 2901. COUNCILMAN BARTH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
RECESS
Mayor Trevino stated that on the next item C.6 (ZC 2006-16 public hearing and
consideration of a request from Smithfield Summit LP to approve a zoning change from
"1-2" medium industrial to "Cs" commercial services (located in the 6400 block of
Smithfield Rd. -- 1.033 acres) - Ordinance No. 2903) he would abstain from any
discussion because his spouse owned property within 200 ft. of this property. Mayor
Trevino called for a five minute recess and stepped down from the dais at 8:00 p.m.
BACK TO ORDER
Mayor Pro Tem Lewis called the meeting back to order at 8:07 p.m. with all Council
members and staff present as previously recorded.
C.6
ZC 2006-16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
SMITHFIELD SUMMIT LP TO APPROVE A ZONING CHANGE FROM "1-2" MEDIUM
INDUSTRIAL TO "CS" COMMERCIAL SERVICES (LOCATED IN THE 6400 BLOCK
OF SMITHFIELD RD. -- 1.033 ACRES). ORDINANCE NO. 2903
APPROVED
Mayor Trevino advised prior to the recess that his spouse owned property within 200 ft.
of this property and would abstain from any discussion.
An affidavit of disqualification has been completed by Mayor Trevino and filed with the
City Secretary stating the nature of the interest was his spouse owned property in close
proximity to the development.
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.
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Mayor Pro Tern Lewis opened the public hearing and asked for the applicant to come
forward.
John Grant, with Grant Engineering, located at 3244 Hemphill Street, came forward. He
stated he was available to answer any questions the Council had.
Eric Wilhite, Chief Planner gave a summary of the item. The applicant, Smithfield
Summit LP represented by Daryl Barrett, is requesting the rezoning of two lots
(indicated on the exhibit with hatched lines) totaling approx. 4.99 acres from "1-2"
(medium industrial) to "CS" commercial services. The zoning change request abuts the
vacant tract south of Bates Container, of which a site plan was approved in October
2005, for a 37,000 square foot structure, for the expansion of their current operation.
This zoning change is for the purpose of developing a retail/commercial strip center.
The proposed structure will be a 31,350 square foot structure facing Mid-Cities Blvd.
The applicant currently has a Site Plan and Replat under staff review. The Planning &
Zoning Commission met on Thursday, August 17, 2006 and recommended approval of
ZC 2006-10 by a vote of 7-0.
Mayor Pro Tern Lewis called for anyone wishing to speak for or against the request to
come forward.
Russell Murphy, 7813 Arthur Drive and owns property at 7808 Arthur Drive, came
forward. He was not for or against the item his concern was on traffic flow in and out of
Smithfield Road when the development starts. He asked that when site plans are being
reviewed to please consider the traffic flow.
Mayor Pro Tern Lewis called for anyone wishing to speak for or against the request to
come forward. There being no one wishing to speak, Mayor Pro Tern Lewis closed the
public hearing and called for the motion.
COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2903. COUNCILMAN SAPP
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0; MAYOR TREVINO ABSTAINING ON DISCUSSION OF ITEM.
Mayor Trevino returned to the dais at 8:13 p.m.
C.7
ZC-2006-13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST TO
APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE
FAMILY RESIDENTIAL (LOCATED IN THE 7000 BLOCK OF DOUGLAS LN. -- 1.234
ACRES). ORDINANCE NO. 2902
APPROVED
Mayor Trevino opened the public hearing and asked for the applicant to come forward.
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Randy Seal, 6529 Meadow Lakes Drive, came forward. He stated he was available to
answer any questions the Council had.
Eric Wilhite, Chief Planner gave a summary of the item. The applicant, B.R. Seale, is
requesting a zoning change from the existing "AG" (agricultural district) to "R-2" (single
family residential) for the purpose of developing a single family subdivision. A concept
plan was presented to DRC that would indicate the possibility of establishing a four lot
subdivision.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
Mayor Pro Tem Lewis read a letter of opposition that was submitted to the Planning
Department. Letter was sent by Gary Collins at 7409 Douglas Lane. Reasons for
opposition were:
· The homes and properties along Douglas Lane beginning with mine, as I am
right next to this property, are all large lots and homes of at least 2500 sf. or
larger.
· Cramming four smaller homes into this less than 2 acre property will take away
from the current country flair that pervades the entire length of Douglas Lane.
· Trying to squeeze a four house subdivision into this property will harm the look
and feel of our neighborhood.
· It would be my opinion that no more than two home sites on this property would
be in keeping with the present neighborhood and charm, and preferably of the
home style that Marvin Smith has built along our Lane.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE 2902. MAYOR PRO TEM LEWIS
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
PLANNING & DEVELOPMENT
D.O
NO ITEMS FOR THIS CATEGORY.
NONE.
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PUBLIC WORKS
E.1
PW 2006-024 APPROVE A RESOLUTION SUPPORTING A MUNICIPAL SETTING
DESIGNATION (MSD) APPLICATION TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR 1101-1107 PAMELA DRIVE, 1103-1109, 1110,
1114 AND 1118 SOUTH AIRPORT CIRCLE AND 1205 TEXAS STAR PARKWAY
LOCATED IN THE CITY OF EULESS, TEXAS - RESOLUTION NO. 2006-062
Mike Curtis, Director of Public Works, summarized the item. In 2003, the 78th Texas
Legislature passed a Municipal Setting Designations (MSD) law that relates to potable
groundwater and the requirements for removing contaminants from groundwater. The
law authorized the Texas Commission on Environmental Quality (TCEQ) to receive,
process and certify MSD applications for properties within contaminated groundwater.
The goal of this law is to reduce corrective action requirements and associated costs for
clean up of contaminated groundwater that are not used as a potable water supply and
are not likely to be used in the future.
GPI Interim, Inc., Sealy Shiloh, LP and Texas Star Industrial Group, L TD are co-
applicants in trying to obtain TCEQ approval for a MSD for property located in the City
of Euless. The City of Euless passed an ordinance on April 11, 2006 prohibiting the use
of groundwater for potable purposes at the designated properties. The application will
need to include resolutions from cities located within a 5-mile radius of the MSD
property indicating support. The City has the choice to either support or not support the
MSD application. Staff has reviewed the technical aspects of the application. Staff
would recommend support of the resolution for the following reasons.
. The contaminated groundwater is shallow and appears to be separated from
another underlying body of deeper groundwater by a confining layer of rock.
Therefore it does not threaten the deeper aquifers.
. The City of North Richland Hills has one well located within the 5-mile radius.
It is a very low producing well and was located just on the 5-mile radius limit.
Not that this would be the sole reason for recommending approval or denial,
but as shown on the attached map the City of North Richland Hills just falls
within the 5-mile radius. If the designated property was located several
hundred feet further east, the City of North Richland Hills would not be part of
this decision.
Mr. Curtis stated that he did not see any concerns for the City of North Richland Hills
with the approval of this resolution.
Mayor Pro Tem Lewis asked if the City of Euless had approved this? Mr. Curtis replied
yes, as part of the requirements the City of Euless was required to pass an ordinance
·
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approving the MSD property as well as prohibiting any potable ground water wells within
a one-half mile radius of the property.
Mayor Pro Tern Lewis asked Mr. Curtis what was the use of the property? Mr. Curtis
introduced Leonard Schilling and Cindy Bishop, representatives of the property owners.
Leonard Schilling, with Garner, Winn, and Sewell Law Firm in Dallas, represents the
three property owners that are applying for a Municipal Setting Designation. The
property itself is used for a number of commercial purposes. There was a semi-
conductor manufacturing facility there at one time and right now there is a laminating
facility, just various commercial uses.
Mayor Trevino asked Mr. Curtis to talk about our water source in North Richland Hills.
Mr. Curtis stated that North Richland Hills has five potable water wells. From the water
wells we get approximately one million gallons per day of water. The City of North
Richland Hills uses about twenty to twenty-two million gallons per day. We get less
than 5% of water. This particular well was installed in 1958 and we get 0.1 mgd from it.
COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-062. COUNCILMAN BARTH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
GENERAL ITEMS
F.1
GN 2006-081 CONSIDER REVISING CHAPTER 98, SECTION 98-374, OF THE CODE
OF ORDINANCES BY AMENDING SECTION 606.5 OF THE 2000 INTERNATIONAL
PLUMBING CODE AND REPEALING THE PROHIBITION OF NON-METALLIC
(PLASTIC) WATER DISTRIBUTION PIPING - ORDINANCE NO. 2906
Dave Pendley, Building Official, presented the item. For many years the North Richland
Hills plumbing code has prohibited the use of non-metallic (plastic) water distribution
pipe in residential and commercial construction. This "prohibition" was brought about
for several reasons which included the massive failures of polybutylene pipe (gray
plastic) in the 1980's. However, despite many of the early failures of non-metallic
piping, the industry has greatly improved and various products are now available which
have properties that meet or exceed copper piping and are also easier and less costly
to install. These products are regularly tested and evaluated by the American Society for
Testing and Materials (ASTM) as well as the International Code Council (ICC), and are
products that are currently being approved by many of our surrounding communities.
As a result, due to continued development and improvement of non-metallic water
piping materials, as well as the overwhelming need to provide relief for our area
contractors, staff brings forth this amendment to our plumbing code. The amendment
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strikes the current language in our city code and replaces it with text that will provide for
the use of aooroved and tested non-metallic (plastic) water distribution piping types.
The Construction Code Advisory Board met on August 8, 2006 and unanimously
recommended approval of this amendment.
COUNCILMAN SAPP MOVED TO APPROVE ORDINANCE No. 2906. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
F.2
GN 2006-079 ADOPTING THE 2005/2006 REVISED BUDGET AND 2006/2007
PROPOSED BUDGET - ORDINANCE NO. 2904
APPROVED
Drew Corn, Budget Director, summarized the item. The proposed budget for 2006/2007
was filed with the City Secretary's office on July 31, 2006. All necessary publications
and hearings have been completed in compliance with City Charter requirements,
special taxing district rules and procedures, and State Law.
The 2006/2007 General Fund budget is based on the 57¢ tax rate which is the existing
rate for the current fiscal year. Revisions to the 2005/2006 revenues and expenditures
have been made to reflect the most current estimates for the current fiscal year. The
Budgeted Operating Expenditures are:
Fund
General Fund
Debt Service Fund
Parks & Recreation Fund
Crime Control District
Promotional Fund
Donations Fund
Special Investigation Fund
Drainage Utility Fund
Gas Development Fund
Utility Fund
Aquatic Park Fund
Golf Course Fund
2005/2006
Revised
$34,620,226
16,531,108
4,317,856
4,647,562
234,626
121,240
379,697
711 ,368
o
22,155,199
3,677,527
2,112,585
2006/2007
Proposed
$34,569,836
8,765,524
4,309,648
4,623,240
216,262
166,617
396,281
707,186
447,250
22,672,516
3,930,396
2,424,460
The Budgeted Capital Projects Expenditures are:
Fund
2006/2007
Proposed
.
Street & Sidewalk Projects
Drainage Projects
Utility Projects
Parks & Recreation Projects
Aquatic Park Projects
Municipal Facility Projects
Major Capital Equipment Program
Economic Development Projects
CIP Personnel-Operating Overhead Costs
$10,481,508
345,000
2,975,000
1 ,964,889
912,000
7,001 ,602
2,018,100
3,410,000
1,144,593
$30,252,692
The City of North Richland Hills Crime Control and Prevention District Board of
Directors and the City Council have reviewed the 2005/2006 Revised Budget and the
2006/2007 Proposed Budget and have recommended approval. Park and Recreation
Facilities Development Corporation Board of Directors reviewed 2006/2007 proposed
budget and have also recommended approval. As required by law, all legal notices
were published. Approval of Ordinance No. 2904 would adopted 2005/2006 revised
budget and 2006/2007 proposed budget.
COUNCILWOMAN COMPTON MOVED TO APPROVE ORDINANCE No. 2904. COUNCILMAN BARTH
SECONDED THE MOTION.
. MOTION TO APPROVE CARRIED 6-0.
F.3
GN 2006-080 ADOPTING THE TAX RATE FOR TAX YEAR 2006 - ORDINANCE NO.
2905
APPROVED
Drew Corn, Budget Director, summarized the item. The notice of effective tax rate was
published in the Star Telegram newspaper on August 8, 2006; the notice of public
hearing on the tax increase, on August 17, 2006; and the notice of vote on tax rate, on
August 29, 2006 all in accordance with State law. In addition, the notice of public
hearing on the tax increase and the notice of vote on the tax rate were posted on the
City's website and carried on Citicable in accordance with State law.
The proposed 2006/2007 tax rate for the City of North Richland Hills is 57 ¢ per $100 of
valuation. If approved, this will be the fourteenth year with a 57¢ tax rate. The proposed
rate of 57¢ is an increase of 0.358% over the effective tax rate. The proposed rate of
57 ¢ is broken down into two parts as follows:
34.6951 ¢
22.3049¢
for the purposes of maintenance and operations
for the payment of principal and interest on debt of the City
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Adoption of Ordinance No. 2905 would set the tax rate for fiscal year 2006/2007 at 57¢
per $100 valuation.
MAYOR PRO TEM LEWIS MOVED TO APPROVE ORDINANCE No. 2905. COUNCILMAN WELCH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
F.4
GN 2006-083 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH
RICHLAND HILLS AND SOUTHLAKE FOR ANIMAL IMPOUNDMENT -
RESOLUTION NO. 2006-075
APPROVED
JoAnn Stout, Director of Neighborhood Services, presented the item. The
Neighborhood Services Department was contacted by the City of Southlake back in July
of 2006, inquiring whether the City of North Richland Hills would be willing to house their
animals on a temporary basis until they could figure out a more long term plan. A local
veterinarian previously housed the City of Southlake's animals but their contract with
him expired the end of July and the veterinarian informed them of his intent not to renew
the contract.
This proposed interlocal agreement must be approved by both the City of Southlake and
the City of NRH. South lake's City Council will take action on this interlocal agreement
at their September 5, 2006 City Council meeting. The interlocal agreement if approved
by both City Councils will be in full effect for 2 years, unless amended. This agreement
may be terminated by either party after receiving 30 days written notice.
The new rate, as reflected in the agreement will be $105 per animal. All boarding fees,
adoption fees, impound fees etc., will go directly to the City of North Richland Hills. The
City of Southlake will be responsible for medical treatment of all injured animals brought
to our shelter. Southlake's animal officer will continue to be responsible for monitoring
their city and bringing any loose or stray animals to our shelter for handling. All other
associated fees are based on current fees approved by ordinance.
The City of Southlake houses approximately 10-15 animals per month and therefore we
feel that approving this interlocal agreement with the City of Southlake will have little
impact on our ability to maintain current service levels and our ability to care and
accommodate the animals within our City.
COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-075. MAYOR PRO
TEM LEWIS SECONDED THE MOTION.
·
MOTION TO APPROVE CARRIED 6-0.
F.5
GN 2006-085 APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY
COMMITTEE
APPROVED
Thad Chambers, Economic Development Director presented the item.
Recommendation for the reappointment of the following current members of the
Advisory Committee for a two year term that will expire August 1, 2008:
· Linda Timmons - Bates Containers, representing manufacturing.
· Randy Moresi - North Hills Hospital, representing medical.
· Dan Quinto - Developer, representing development and brokers.
It is further recommended that a new person be appointed whose term would be
expiring August 1, 2008 to represent non retail small - middle sized employer
companies:
· Gene Q'Bannon
· With the vacancy created by Phil Myhra, it is recommended that Tony Garcia, President
of Health Markets, Inc. and representing large employer groups, to fill the unexpired
term of Mr. Myhra, and this term would expire August 1, 2007.
COUNCILMAN TURNAGE MOVED TO APPROVE GN 2006-085. COUNCILMAN BARTH SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
F.6
INFORMATION AND REPORTS
Councilman Welch made the following announcements.
The Regional Transportation Council will hold a public meeting at 6:30 p.m. on
Tuesday, September 12th, in the City Council Chambers at North Richland Hills City
Hall. The public is invited to learn what is happening with transportation in the region
and help set priorities for the future.
·
Iron Horse Golf Course, which has been closed for greens reconstruction, will reopen to
the public on the afternoon of Thursday, September 21. To reserve your tee time,
.
.
.
please call Iron Horse at 817-485-6666 ext. 5.
Keep NRH Beautiful is recruiting volunteers for Trash Bash on Saturday, September 23.
Neighborhood associations, schools, civic groups, scout troops, student associations,
sororities, fraternities, and employee groups are encouraged to participate. For more
information, please call 817-427-6651.
Kudos Korner - Lori Brown, Parks & Recreation Department. An e-mail was received
from a resident thanking Lori for the fantastic Sounds of Spring Concert Series. She
said the event was especially perfect for her mentally delayed child who loves being
outdoors and adores music. The resident expressed thanks to all who make these
events possible.
F.7
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:52 p.m.
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Presented by: M Curtis/L Koonce
Council Meeting Date: 9-25-2006
Agenda No. B.2
Subject: PU 2006-054 Authorize Contract Extension with Atlas Utility Supply Company
through April 20, 2007 for Water Meters and Telemetric Devices - Resolution No. 2006-
077
Since 1992 the City of North Richland Hills has used a telemetric water meter reading
system. The telemetric system consists of a transponder that is installed on the water
meters. This system allows meters to be read from a van with an on-board computer,
This is a very efficient and accurate method of reading meters.
The City currently has a ten-year ongoing meter replacement program to ensure the
accurate measurement of water flow usage. Approximately 1 ,800 of the 18,000 meters
and telemetric devices are replaced annually. City Council has appropriated $300,000
annually in the Utility Fund for the replacement of water meters and telemetric devices.
Badger Meter hardware and softwàre has been used since the inception of the
telemetric program in 1992, The Badger meter and telemetric device is the only unit
compatible with the Badger computer system. Badger Meter extends exclusive
territories to distributors of their meters and accessories. Atlas Utility Supply is the only
authorized distributor in our area. Atlas is a local company that has provided good
service, met all specifications and made deliveries within the requested time. They
have adequate inventory on hand to supply the City's meter requirements and a
knowledgeable staff to assist with inquiries regarding meters and telemetric devices.
On October 25, 2004, City Council authorized the City Manager to execute the contract
with Atlas Utility Supply Company for a two (2) year term ending September 30, 2006,
Atlas has agreed to extend the 2004 contract pricing through April 20, 2007 (see
attached letter and price list). The 5% increase in 2004 was the first increase in price
on Badger Meter products since 1998. Staff anticipates the possibility of a price
increase after April 20, 2007. The business partnership with Badger and Atlas
continues to be beneficial to the City.
Recommendation:
To approve Resolution No. 2006-077.
eNRH
RESOLUTION NO. 2006-077
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND
HillS, TEXAS:
SECTION 1. THAT the City Manager is hereby authorized to execute the contract with
ATLAS UTILITY SUPPLY COMPANY to extend the contract to supply
water meters and telemetric devices until April 20, 2007, as the act and
deed of the City.
PASSED AND APPROVED this the 25th day of September, 2006.
CITY OF NORTH RICHlAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
e
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
(Dept Head Name & Title)
e
.
Candy Ray
From: D. J. Johnson [dßohnson@atlasutUlty.com]
Sent: Tuesday. August oa, 2006 2=43 PM
To: Candy Ray
Subject: Badger Meter Contract Bid 05·1203
j\"rr~J\s U·TIl..I--n" SUPPLY COMP..&\NY
230 t Cl\RS01' S·I'R.EET
FOR.T WORTI--I" TEX.-\.S 76117~5212
81ï/831-4275 F..-\...~ 81"i/~31-1014
sales@adasutility.com
August 8, 2006
Ms. Candy Ray
City ofNRH
Purchasing Agent
P.O. Box 820609
North Ricbland Hills, TX 76182
Ref: Badger Meter Pricing
Dear Candy,
.
Atlas Utility Supply will continue to hold pricing on all items quoted on the current Badger contract bid number OS..
1203. This current contract will expire on Apri120, 1007.
We appreciate your consideration, and will strive to continue to provide the City of North Richland Hills with support
and service of the Badger Meter product.
Respectfully,
D.J. Jolmson
8/8/2006
e
. Badger Meter Contract Prices
ORION
TRACE TRACE (Newest Product)
1998 - 2004 2005 - April 2007 2005 - April 2007
3/4" Transponder & Meter $149.19 $156.65 $138.50
1" Transponder & Meter $195.96 $205.76 $199.72
1 1/2" Transponder & Meter $326.23 $342.55 $336.51
2" Transponder & Meter $402.15 $422.26 $416.22
3/4" Transponder Only $124.70 $130.94 $112.00
1" Transponder Only $124.70 $130.94 $112.00
1 1/2" Transponder Only $147.35 $154.72 $118.00
2" Transponder Only $147.35 $154.72 $118.00
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: Parks and Recreation
Presented by: Vickie Lottice
Council Meeting Date: 9-25-2006
Agenda No. B.3
Subject: GN 2006-086 Renewal of General Parks Mowing Contract with VMC
Landscape Services for an Additional One Year Period, in the amount of $174,505 -
Resolution No. 2006-079
The City contracts mowing services for the general mowing of City parks and municipal
facilities. The current contract with VMC Landscaping Services was executed May 9,
2005 and will expire September 30, 2006. The contract can be renewed for two
consecutive one year periods. Renewal of the contract is based on an evaluation of the
contractor's performance, anticipated contract amount considerations, and
determination of the measured success of the program.
According to the terms of the contract, VMC Landscape Services is required to submit a
renewal request allowing for price changes in accordance with the Consumer Price
Index of the previous twelve (12) month period. Attached is the VMC Landscape
Services Letter of Intent to renew the contract for FY 2006/07 and a copy of the
Consumer Price Index report, indicating a 4.3% adjustment.
.
Performance
Considering the original three bids and the performance of VMC, staff recommends
extending the contract. The 2005/06 contract with VMC was $42,609 less than the
second lowest bid and $189,082 less than the third remaining bid.
VMC Landscape Services has performed extremely well since the General Parks
Mowing Program began in May 2005. Responses to requests and concerns have been
handled in a timely, professional and efficient manner despite challenges resulting from
labor shortages and higher gas prices.
Contract Amount Considerations
The total mowing contract amount for FY 2005/06 was $167,311. The proposed
contract renewal includes the allowable 4.3% CPI market adjustment bringing the
contract amount to $174,505 for FY 2006/07. Although the total mowing contract is
based on a maximum amount of mowing cycles, the number of cycles per mowing
season is contingent upon the weather and the amount of rainfall and growing
conditions each year. The increased acreage resulting from the addition of Ace Park,
Dr. Pillow Park and Jo Ann Johnson Trail is not expected to exceed the total contract
amount due to the completion dates and the reduced mowing cycles of the BISD
Thomas Acres site, the Richland High School practice fields and the average mowing
cycles recorded in FY 2005/06. Note: The City has an agreement with BISD for use of
the Thomas Acres site and the Richland High School practice fields based on youth
sports association use.
.
.
.
.
Measured Success of the Program
Implementing the contract mowing program has accomplished the following:
· Reduced depreciation cost for equipment
· Reduced fuel and equipment expenditures
· Eliminated the need for additional capital outlay for costly mowing equipment
· Allowed for re-direction of available man-hours toward skilled tasks
· Eliminated the need to hire additional full-time maintenance staff
The level of park maintenance service has continued to increase as represented by
improved park inspection scores while the overall cost of providing these services have
been maintained despite the additional maintenance obligations for new parks and
trails.
Based on the service provided and the cost savings benefit, Parks and Recreation
recommends extension of the mowing contract with VMC Landscape Services.
Recommendation:
To approve Resolution No. 2006-079.
.NRH
RESOLUTION NO. 2006-079
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND
HillS, TEXAS:
SECTION 1. THAT the City Manager is hereby authorized to execute a contract with
VMC Landscape Services, for an additional one year period for the
General Parks Mowing Contract, as the act and deed of the City.
PASSED AND APPROVED this the 25th day of September, 2006.
CITY OF NORTH RICH lAND HillS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
.
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Vickie Lottice, Director of Parks and Recreation
.
.
V M C Landscape
Services
---~~~.
www.vmclandscape.com
August 14, 2006
City of North Richla.nd Hills
Attn: Candy Ray
7200A Dick Fishel: Drive
North Richland Hills, Texas 76180
Re: Land~c.'1,pc ~r Bn~g(~r.nl"'.~r CUllt1'ict Renèwal
De.'1r Candy Ray:
'1lvlC Landscape \vould be pleased to accept your invitation to extend our ser\rices for
anod1er twelve- (12) lDonth period, com1nenång September 2006 and tenninating Octobet
2007. We are asking for a price increase of 4.3%, based on the cw:rcnt Conswner Price
Inde.x.
Enclosed are two copies of this letter. Please sign both and keep one for your records a.nd
return us dle other.
.
We thank you for giving us the opportunity of continuing our business \vith you and The
City of Nord1 Richland Hills.
Please contact me if you havc any questions cOl1cen1ing this agreement.
_____s_Ì!!~~!~!y-'------------- _______n__ ------- ----------------------- ---- -
- .-._-----~_._.._----
lÇ~ 1W
Bruce Verdick
1\1anaging Director
Client A ppro,'al:
Tide:
Date:
Att.'lchments: CPJ Table
2433 Merrell Rd.. Danas, Texas 75229· 972-481-1616· Metro 972-445-5654· Fax 972-481-1235
.
.
Bureau of Labor Statistics Data
Page 1 of 1
~.--~ U.S. Department
I \ of Labor
~ Bureau of Labor
'o__.___n _ n_ . "s~ªt.i.~~Jç~, .-
Bureau of Labor Statistics Data
www.bls.gov ~
~lJJ.~. ~ j:
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-- ..
'II~~
Advanced Sea rch I A-Z Index
BLS Home I ProQtams ßt Surveys I Gel Detailed SliJtlstlcs I Glossary I What's New I Find It! ] It DOL
Change Output From: 2005
Options:
To: 2006
$
(-1 include graphs NEWI
1\1ore Forrnattlno Options ...
Dala extracted on: september 13, 2006 (S:58:~7 PM)
Consumer Price Index - AU Urban Consun\ers
Series Id: CUURA316SAO,CUUSA316SAO
Not Seasonally Adjusted
Area: Dallas-fort North, 'l'X
Item: All items
Base Period: 1982-84=100
Year Jan Feb fv1ar Apr May Jun Jul Aug Sep Oct Nov Dee Annual HALF1 HALF
2005 180.0 181.3 183.5 184.3 188.9 187.8 184.7 182.0 187.L
2006 188.6 188.4 191.2 191.7 189.7
.
Frejl~_e_n.t'y ,~s,ke~_.Q"'.-e~ I Freedom of Infor[f,-.~Jø_" Act I Customer Survey
~ & Security Statement I J,..joking to Our Site I Aj;:~._gIbjJlty
u.s. Bureau of Labor Statllõtlcs Phone: (202) 691-5200
Postal Square Building Fax-an-demand: (202) 691-6325
2 Massachusetts Av~., NE Data questions: blsd8tø st.ffeþls.ß~
wastungton, DC 20212-0001 Technical (web) qucstlons: ~þma5terebI5.aOY
Other comments: '.~~dbackObl~~gº]l
hI' n· //,b.~, hl~ nn,tlPnnJ~I'r\/I~./~I.r\f"·Vn1"I""t~~rvlp'
Oql t 1/200(1
.
.
News
United States
Department
of labor
Washinaton. D.C. 20212
.
Bureau of Labor Statistics
FOR TECHNICAL INFORMATION:
Patrick C. Jackman (202) 69] -7000
ÇPI QUICKLINE: (202) 691-6994
FOR CURRENT AND HlSTOR1CAL
INFORMATION: (202) 691-5200
MEDIA CONTACT: (202) 691-5902
INTERNET ADDRESS: htto'/Iwww his nov/cDil
USDL-06..1233
TRANSMISSION OF
MA TERIAL IN THIS
RELEASE IS'EMBARGOED
UNTIL 8:30 A.M. (EDT)
Wednesday, July 19, 2006
CONSUMER PRICE INDEX: JUNE 2006
.
The Consumer Price Index for All Urban Conswners (CPI-U) increased 0.2 percent in June, before
seasonal adjustment, the Bureau of Labor Statistics of the U.S. Department of Labor reported today. The June
level of202.9 (1982-84=100) was 4.3 percent higher than in June 2005.
The Consumer Price Index for Urban W~e Earners and Clerical Workers (CPI- W) also increased 0.2
¡?ercent in June, ~rior to seasonal adjustment. The June level of 198.6 (1982-84=1 bO) was 4.5 percent higher
than in June 2005.
The Chained Consumer Price Index for All Urban Consumers (C-CPI-m increased 0.3 percent in June
on a not seasonally adjusted basis. The June level of 117.5 (December 1999=1(0) was 3.7 percent higher than
in June 2005. Please note that the indexes for the post-2004 period are subject to revision.
CPI for All Urban Consumers lCPI-ID
On a seasonally adjusted basis, the CPI-U advanced 0.2 percent in June, following a 0.4 percent rise in
May. Energy costs declined 0.9 percent in June, following substantial increases in each of the preceding three
months. Within energy, the index for petroleum based energy decreased 0.9 percent and the inüex for energy
services fellI.1 percent. The food index increased 0.3 percent in June. The mdex for all items less food and
energy rose 0.3 percent in June, the same as in eacb of the preceding three months; the index for shelter again
accounted for over half of the monthly advance.
...--.. ............--------- ----.- ~ _.._..ø..... ^.....___.._..
Table A. Percent chan es in CPI for Urban Conswners CPI-
Seasonall Un-
Compound ad1usted
Expenditure annual rate 12-mos.
Cate~ory 2005 3-mos. ended ended
Dec. Jan. Feb. June June '06 June '06
All Items -.1 .7 .1 .2 5.1 4.3
Food and beverages .1 .5 .2 .3 1.9 2.2
Housing .2 .5 .1 .2 3.0 4.2
Apparel -.3 .3 -1.0 .0 3.1 .5
Transportation -.7 1.8 -.2 -.2 15.9 9.0
Medical care .2 .1 .5 .3 3.9 4.1
Recreation .1 .0 .1 .1 2.2 1.9
Education and
communication .2 .4 .2 .2 .3 .0 .3 2.4 2.7
Other goods and
services .4 .3 .1. .2 .0 .1 .6 2.5 2.9
Special Indexes
Energy -2.1 5.0 -1.2 1.3 3.9 2.4 -.9 23.8 23.3
Food .1 .5 .1 .1 .0 .1 .3 1.7 2.2
All Items less
food and ener .1 .2 .1 .3 .3 .3 .3 3.6 2.6
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Fire
Presented by: Andy Jones
Council Meeting Date: 9-25-2006
Agenda No. 8.4
Subject: GN 2006-087 Authorize the City Manager to enter into an agreement with
Motorola to manage the transition of the Mobile Data Radio system as mandated by
Federal Communications Commission - Resolution No. 2006-080
The City of North Richland Hills Public Safety Mobile Data system currently resides in a
part of the radio spectrum which has been experiencing increasing levels of interference
and "dead zones" as a result of commercial wireless carriers operating in the same or
adjacent spectrum bands. This interference has had the potential to put emergency
responders in danger, In order to fix this problem, the FCC has approved a plan to
move public safety radio systems to another part of the radio spectrum. This move must
not interfere with the normal operations of the public safety agencies. All costs relating
to this rebanding effort shall be the responsibility of SprintlNextel.
This reconfiguration is designed to alleviate interference by spectrally separating the
two types of systems. The 800 MHz reconfiguration program is part of the FCC's plan to
promote safety and protect the lives of first responders and other emergency personnel
by addressing the harmful interference to public safety communication systems
operating in the 800 MHz Band.
SprintlNextel is responsible for the cost of relocating all affected 800 MHz equipment to
new spectrum with comparable equipment to those presently in use. Generally, costs
that are reasonable, prudent, and directly related to this transition are reimbursable. The
City of North Richland Hills equipment involved with this transition is Motorola
equipment and is maintained by Motorola, Because Motorola is familiar with the
equipment, the City of North Richland Hills is currently working with Motorola to
coordinate and negotiate this transition project. All costs, including coordination fees,
staff time and this Motorola contract related to this project are reimbursable. All costs
once approved by SprintlNextel, are directly billed to SprintlNextel. The city has no out
of pocket costs related to this project.
Recommendation:
To approve Resolution No. 2006-080
-
.NRH
RESOLUTION NO. 2006-080
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICH lAND HillS, TEXAS:
SECTION 1. THAT the City Manager be, and is hereby authorized to execute the
agreement with Motorola to manage the transition of the Mobile Data
Radio System as the act and deed of the City.
PASSED AND APPROVED this the 25th day of September, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
.
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Andy Jones, Fire Chief
.
.
.
.
Reconfiguration Planning Phase Agreement
{Planning Phase Services Only; No Equipment, Software, or Implementation Phase Services}
Motorola, Inc. C'Motorola") and North Richland Hills ("Licensee" or "Customer"), whose main address is 7202
Dick Fisher Drive North, North Richland Hills, TX 76180, enter into this Reconfiguration Planning Phase
Agreement ("Agreemenf'), pursuant to which Licensee will purchase and Motorola will sell the Reconfiguration
Planning Phase services described below. Motorola and Licensee may be referred to individually as a "Party" and
collectively as the "Parties." This Agreement is made with reference to the fonowing recitals.
A. On August 6, 2004, the FCC issued Report and Order FCC 04-168 that modified its rules governing the
800 MHz band to minimize harmful interference to public safety communications systems. On December 22, 2004,
the FCC issued a Supplcn1ental Order and Order on Reconsideration FCC 04-294. The August 6 and December 22,
2004 orders, and any supplemental orders the FCC issues, are collectively referred to as the HOrder."
B. Pursuant to the Order, certain licensees of 800 Mllz channels used in public safety or other systerns must
relinquish their existing channels and relocate their systems to other 1icensed channels (UReplacement Channels").
Also pursuant to the Order, Nextel n1ust relinquish some of its existing channels and must provide and pay
relocation funds C'Relocation Funds") to enable affected licensees to relocate their systems onto Replacement
Channe1s and reconfigure their systems so that they are uComparable Facilities" (as defined below).
C. The FCC has appointed a Transition AdministTator (UTA") to assure that the rebanding initiative proceeds
on schedule and in a planned and coordinated manner so that disruption to a licensee's system is minimized. In the
TA.s published "Reconfiguration Handbook," the two major phases to accomplish the reconfiguration are described
as the uReconfiguration Planning Phase" and the hReconfiguration Implementation Phase:·
D. Licensee has selected Motorola to provide Reconfiguration Planning Phase services.
For good and valuable consideration. the Parties agree as follows:
Section 1
DEFINITIONS
In addition to the defined terms above, capitalized terms in this Agreement have the following meanings:
1.1. "Comparable Facilities·' means the Licensee's System (including the subscriber radio equipment) have the
same operational capabilities that existed before relocation. specifically (1) equivalent channel capacity; (2)
equivalent signaling capacity, baud rate, and access time; (3) coextensive geographical coverage; and (4) equivalent
operating costs.
1.2. ··Confidentiallnformation" means any information that is disclosed in wriuen, graphic, verba1, or machine-
recognizablc fonn, and is marked, designated, labeled or identified at the time of disclosure as being confidential or
its equivalent; or if the information is in verbal for~ it is identified as confidential or proprietary at the time of
disclosure and is confirn1cd in writing within thirty (30) days of the disclosure. Confidential Information does not
include any information that: is or becomes publicly known through no wrongful or negligent act of the receiving
Party; is already kno\\'n to the receiving Party without restriction when it is disclosed; is, or subsequently becomes,
rightful1y and without breach of this Agreen1cnt, of any other agreement bet\veen the Parties or of any applicable
protective or similar order, in the receiving Party"s possession without any obligation restricting disclosure; is
independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for
release by wriuen authorization of the disclosing Party.
1.3. "Contract Price" means the price for the selected Reconfiguration Planning Phase services, excluding any
applicable sales or similar taxes.
1.4. UCustomer Suitability Assessment" means the initial assessment services performed by Motorola to
detennine whether Licensee"s System (infrastructure) is suitable for updating using the Motorola Software that has
been especially modified for purposes of the 800 MHz band recont1guration.
Reconfiguration Planning Phase Services Agreement
Rev.3.17.06 revásion
.
1.5. UEffective Date" means that date upon which all Parties have executed this Agreement.
t .6. "Force Majeure" means an event, circumstance, or act of a third party (including Nextel and the T A) that is
beyond a Party"s reasonable control. An act of God. the public enemy, a government entity, or another party
(including another party's failure to comply with the Order ); strikes or other labor disturbances; general
unavailability of necessary materials; hurricanes, earthquakes, fires, floods., epidemics. embargoes. war, and riots are
examples of a Force Majeure.
1.7. '''Motorola Softwaren means software in object code fonnat that Motorola or its affiliated company owns,
including any releases or software kits to reprogram radios. This Agreement does not involve any source code.
1.8. "Proprietary Rights" nleans the patents, patent applications, inventions, copyrights., trade secrets,
trademarks, trade names, mask works, know-how, and other intellcctual property rights in and to any documents
delivered by Motorola under this Agreement or any Motorola Software or equipment.
1. 9. "'Recon figuration Planning Phase Services" means those services to be provided by Motorola to Licensee
under this Agreement; these services are described in the Statement of Work.
1.10. UStatement of Work" means the description of the work to be performed under this Agreement by the
Parties. The Statement of Work is set forth in Attachment A-2 and is incorporated herein by this reference.
1.11. "System" means the hardware and software products that comprise the Licensee"s existing 800 MHz radio
communications system.
Section 2
SCOPE OF PLANNING PHASE SERVICES
.
2.1. SCOPE OF WORK. l'he Parties will perform their respective contractual responsibilities in accordance
with this Agreement. Any changes to this Agreement, including changes to the Statement of Work, must be in
writing and executed by both Parties. This Agreement sets forth the Parties' rights and responsibilities with respect
to each other concerning the agreed Reconfiguration Planning Phase activities only. and not the Reconfiguration
Implen1cntation Phase activities (which, if applicable, will be governed by a separate Reconfiguration
Implementation Phase Agreement). SpecificallYt this Agreen1ent does not involve the provision by Motorola of any
equipment, hardware, or software, or any services to reconfigure the Systen1 or any part of it. This Agreement sets
forth the Parties' rights and responsibilities with respect to each other concerning only those Reconfiguration
Planning Phase activities covered by the Order, and not the sale of products or services (or any other activities) that
are not part of the 800 MHz Band Rcconfiguration process. If the Parties wish to contract for these other activities,
they will do so pursuant to a separate contract.
2.2. MO~rOROLA RESPONSIBILITIES. Motorola will provide the Reconfiguration Planning Phase Services
as described in the Statement of Work.
2.3. LICENSEE RESPONSIBILITIES. At the appropriate time, Licensee will submit its Request for Planning
Funding, any required certifications, and any amendments thereto (if applicable) to Nextel and the T A. For the
limited purpose of assisting Nextel and the T A to evaluate Licensee's Request for Planning Funding, Motorola
authorizes Licensee to (and Licensee will) provide to the T A and Ncxtel a copy of this Agreementt including the
exhibits and pricing, but such information is and remains Motorola Confidential and Proprietary as provided below
in Section 9 (and pursuant to Non-Disclosure Agreements Motorola has with Nextel and the TA). Licensee will
employ conU11ercially reasonable efforts to assist Motorola in providing the Reconfiguration Planning Phase
services, and will provide reasonable access to Licensee ts equipment, facilities. personnel and relevant information.
Licensee \vill designate a point of contact person.
2.4. LICENSEE-NEXTEL RELATIONSHIP. The TAts Reconfiguration Handbook indicates that Licensee and
Nextel will form a "'Planning Funding Agreemenf~ and/or a UFrequency Reconfiguration Agreement" (collectively
referred to as "FRAU) which, among other things9 scts forth Nextel's obligation to pay the Relocation Funds. The
Reconfiguration Handbook encourages a payment process by which Nextel pays Relocation Funds directly to
Reconfiguration Planning Phase Services Agreement
Rev. 3.17.06 revision
2
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Licensee's selected vendors; and Licensee will ensure that its FRA provides for direct payment by Nextel to
Motorola. Promptly after execution of the FRA, Licensee will provide to Motorola a copy of those portions of the
FRA that pertain to Motorola's services, products, pricing and payment, including Attachment C to the FRA
(redacted if necessary to exclude information not pertaining to Motorola).
2.5. OTHER SERVICES. Nothing in this Agreement is intended to prevent or hinder Motorola from
contracting to perform or performing for Licensee any Reconfiguration Implementation Phase services, or any other
kind of services, or selling any equipment or software. Nothing in this Agreement is intended to prevent or hinder
Motorola from contracting to perform or performing for other Licensees Reconfiguration Planning Phase services,
Reconfiguration Implementation Phase services, or any other kind of services, or selling any equipment or software.
Section 3
PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in a reasonably diligent manner, taking into consideration
the procedures and processes established in the Reconfiguration Handbook. The Parties acknowledge that any
scheduled performance dates are estimates only, and various factors (such as resource availability) may cause the
scheduled performance dates to change or be delayed. No Party will be liable for its non-performance or delayed
performance if caused by a Force Majeure. A Party will notify the other if it becomes aware of a Force Majeure that
will significantly delay performance. The notifying Party will give the notice promptly after it discovers the Force
Majeure.
Section 4
CONTRACT PRICE, PAYMENT AND INVOICING
4.1. CONTRACf PRICE; NON-RECOURSE TO LICENSEE.
4.1.1. Contract Price. The Contract Price for Reconfiguration Planning Phase Services in U.S. dollars is
$18,321.00. Except for reimbursable travel and related expenses and any changes to the Reconfiguration Planning
Phase Services caused by mutually executed change orders, this price is a fll111. fixed price. The Contract Price
excludes any sales or other taxes, all of which will be added to the invoices and paid except as exempt by law.
.
4.1.2. Licensee Not Liable for Contract Price. Payment of the Contract Price and any applicable taxes is to come
from Nextel, and not Licensee. If Nextel fails to pay Motorola~ Licensee shall not be liable to pay Motorola the
Contract Price or applicable taxes. Notwithstanding the above, if Nextel pays the Contract Price and any applicable
taxes to Licensee rather than to Motorola, Licensee will imntediately forward the payment to Motorola. Motorola
agrees to accept direct payments from Nextel if they are unconditionally made and if Nextel clearly identifies the
applicable Motorola invoice. Motorola further agrees to apply these direct payments from Nextel to the Contract
Price.
4.1.3. Motorola's Protections Concemine Payment bv Nextel. Licensee hereby assigns to Motorola all of
Licensee's rights (including those under the FRA) to receive paynlent from Nextel for the Contract Price and any
applicable taxes as described above in Section 4.1.1; this assignment includes Licensee's rights to (i) make a claim
against the Letters of Credit that Nextcl has obtained to secure its obligations to pay Relocation Funds and (ii)
resolve disputes using the Transition Administrator's ADR procedures. If requested by Motorola, Licensee will
execute necessary documents to effectuate this assignnlent provision and will take all such actions that are
reasonable or necessary to promote the prompt payment by Nextel to Motorola.
4.2. INVOICING, PAYMENT MILESTONES, AND PAYMENT.
4.2.1. Invoicin2. Motorola will submit correct invoices to Licensee, with a copy to Nextel, in accordance with the
pre-approved payment milestones set forth as Attachnlcnt A-I. Licensee's contact person and address for invoice
purposes are: Licensee may change this
contact person or address by \\Titten notice to Motorola. Upon receipt of an invoice, Licensee will promptly (but in
no event longer than seven (7) calendar days) inspect the invoice, verify whether it correctly states the payment
milestone, and notify Nextel in writing (via facsimile or priority overnight carrier) iliat Licensee approves the
invoice and accepts the milestone (the "Approval NotificationU). Licensee will attach a copy of the invoice to the
Approval Notification. When Licensee sends to Ncxtel the Approval Notification, Licensee will concurrently
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provide to Motorola's project manager a copy of the Approval Notification so that Motorola may know
approximately \vhen Nextel receives it. If for any reason Licensee disapproves the invoice, Licensee will pronlptly
give written notice to both Motorola and Nextel; the notice win explain the reasons for Licensee's disapproval.
Motorola win promptly correct any inaccurate invoice that Licensee disapproves, and resubmit the corrected invoice
using the same process as described above in this paragraph.
4.2.2. Pavrnent Due Date. Unless otherwise agreed between Nextel and Motorola, payment to Motorola for
approved invoices is due thirty (30) days from the date Nextel receives the Approval Notification from Licensee.
Motorola's Federal Tax Identification Number is 36-1115800.
4.2.3. Mutual Cooperation. The Parties will cooperate with cach other and provide to each other, and to Nextcl
and the Transition Adnlinistrator, such information (other than Confidential Infonnation, which is governed by
Section 9.1) as is reasonable or necessary to facilitate the prompt payment of the Contract Price to Motorola.
Section 5
REPRESENTATIONS AND WARRANTIES
5.1. RECONFIGURA TION PLANNING PHASE SERVICES WARRANTY. For thirty (30) days from the
conlpletion of the Reconfiguration Planning Phase Services, Motorola warrants that these services were performed
in a good and workmanlike n'lanner. This services warranty docs not cover any services or duties performed or
owed by Nextel, Licensee, or any other contractor hired by them. Motorola does not warrant that Licensee's System
will be Comparable Facilities after the reconfiguration work is completed.
.
5.2. WARRANTY CLAIMS. To assert a warranty claim, Licensee must notify Motorola in writing of the
c1aint before the date which is thirty (30) calendar days after the expiration of the warranty period. Upon receipt of
this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim,
Motorola will (at no additional charge to Licensee) re-perform the Reconfiguration Planning Phase services. This
action will be the full extent of Motorola's liability hereunder and constitutes Licensee's sole remedy. If this
investigation indicates the warranty claim is invalid or "out of scope:' then Motorola may invoice Licensee for
responding to the claim on a time and materials basis using Motorola's then current labor rates. Notwithstanding
any rein1bursCIl1ent clairn Licensee may have against the Relocation Funds, Licensee will pay the invoice for invalid
warranty claims within thirty (30) days from the invoice date.
5.3. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the
original end user and are not assignable or tTansfcrablc.
5.4. POTENTIAL DAMAGE TO EXISTING EQUIPMENT. Licensee acknowledges that Motorola,
Licensee's employees, or others might cause damage to equipment that is part of Licensee's System when
performing the Reconfiguration Planning Phase Services, and that such damage may occur in the absence of
negligence by any party. Motorola is not responsible for damage to equipment unless it is caused by Motorola's
negligence, in which case Motorola at its option will repair or replace the damaged equipment or refund its fair
market value. Before Licensee asserts a damage clainl against Motorola under this section, it will first investigate
the cause of the dalnage and the investigation must result in adequate proof that Motorola is negligent and liable for
the damage. This provision does not diminish any rights Licensee might have under any pre-existing Motorola
warranty or ntaintcnance agreement.
5.5. DISCLAIMER OF OTHER WARRANTIES. THESE \V ARRANTIES ARE THE COMPLETE
WARRANTIES FOR THE RECONFIGURA TION PLANNING PHASE SERVICES PROVIDED UNDER THIS
AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE
FOREGOING WARRANTIES, THE SERVICES ARE PROVIDED ·'AS IS" AND MOTOROLA DISCLAIMS
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
\VARRANTIES OF MERCHANTABILITY AND FITNESS fOR A PARTICULAR PURPOSE. LICENSEE IS
RESPONSIBLE FOR, AND MOTOROLA MAKES NO WARRANTY CONCERNING, THE BACK-UP AND
DISASTER RECOVERY PROCEDURES, FACILITIES AND EQUIPMENT, OR DATA ENTRY AND
LOADING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT.
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Section 6
DISPUTES
The Parties, through their respective project managers, will attempt to settle any dispute arising from this Agreement
(except for a claim relating to intellectual property or breach of confidentiality provisions) through consultation and
good faith negotiation. The dispute will be escalated to appropriate higher level managers of the Parties, if
necessary.
Section 7
DEFAULT AND TERMINATION
If a Party fails to perform a n1aterial obligation under this Agreement, the other Party may consider the non-
performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by
giving the non-perfomùng Party a written and detailed notice of default. The defaulting Party will have thirty (30)
days after receipt of the notice of default to either cure the default or, if the dcfault is not curable within thirty (30)
days, to provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after
receipt of notice by the other Party that it approves the cure plan. If Licensee is the defaulting Party, Motorola may
stop work on the Agreement until it approves the cure plan. If a defaulting Party fails to cure the default, unless
otherwise agreed in writing, the non-defaulting Party may terßÚnate any unfulfilled portion of this Agreement and
the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. The non-
defaulting Party ,'lill mitigate damages.
Section 8
LIMITATION 0.... LIABILITY
.
Licensee acknowledges that the limitations in this Section are integral to the Contract Price being charged by
Motorola under this Agreement, and that if Motorola assumed further liability other than as set forth in this Section
8, the Contract Price would be substantially higher. This limitation of liability provision applies notwithstanding
any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for
breach of contract, warranty, negligence, strict liability in tort, indemnification, contribution, or otherwise, will be
limited to the direct damages incurred by Licensee and recoverable under law, but not to exceed the Contract Price.
ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,
THEY AGREE THAT MOTOROLA (AND ITS SUBCONTRACTORS AND SUPPLIERS, AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES) WILL
NOT BE LIABLE TO LICENSEE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF lJSE,
TIME, DATA, GOOD WILL. REVENUES. PROFITS, OPPORTUNITIES OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING
FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF
PRODUCTS. EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA
PURSUANT TO THIS AGREEMENT. ALL CLAIMS BY A PARTY AGAINST ANOTHER PARTY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGl-IT WITHIN
TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES.
Section 9
CONFIDENTIALITY AND PROPRIETARY RIGHTS
9.1. CONFIDENTIAL INFOR.!~A TION. During the term of this Agreement, the Parties may provide
Confidential Information to each other. Any inventory repoJ1 or Custofncr Suitability Assessment report concerning
Licensee's System, and any other document concerning the reconfiguration of Licensee's System that Motorola
prepares specifically for and is a pronused deliverable to Licensee under this Agreement (collectively,
"Documentary Deliverable") shall be the Confidential Infonnation of Licensee unless otherwise agreed by the
Parties in writing.
9.1.1. Non-Disclosure. Each Party ,vill: maintain the confidentiality of the other Party's Confidential Inforn1ation
and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court
of competent jurisdiction; restrict disclosure of Confidential Information to its employees who have a "need to
know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard
the confidentiality of the Confidential Information, including inforßÚng its employees who have access to it that it is
confidential and not to be disclosed to others. but those precautions will be at least the same degree of care that the
receiving Party applies to its own confidential inforn1ation and will not be less than reasonable care. The
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confidentiality restrictions and obligations contained herein shall be in addition to any confidentiality restrictions or
obligations contained in any other agreement (whether prior to, contemporaneous or subsequent to the date of this
Agreement) between Motorola on the one hand and the T A, Ncxtel or Licensee on the other hand, as well any
protective order or confidentiality restrictions or rules issued by the FCC or the T A.
9.1.2. Use. Unless otherwise provided in this Agreement, a Party may use the Confidential Information of the other
Party only in furtherance of the performance of this Agreement or any other agreement between the Parties.
Notwithstanding the preceding sentence, Motorola may use the information in any Documentary Deliverable for its
own business purposes or to assist Licensee or its other contractors or consultants in the overall effort to plan and
reconfigure Licensee's System. Except for a Documentary Deliverable, Confidential Information is and will at all
times remain the property of the disclosing Party.. and no grant of any proprietary rights in the Confidential
Information is hereby given or intended, including any express or implied license, other than the limited right of the
recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement or any
other agreement between the Parties.
9.2. PRESERV A TION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola owns and retains all of its
Proprietary Rights, and nothing in this Agreement is intended to restrict its Proprietary Rights. All intellectual
property developed, originated, or prepared by Motorola in connection with providing to Licensee the services
remain vested exclusively in Motorola, and this Agreement does not grant to Licensee any shared development
rights of intellectual property. This Agreement does not involve the license of any software.
Section to
GENERAL
10.1 ASSIGNABILITY AND SUBCONTRACTING; WAIVER. No Party may assign this Agreement without
the prior written consent of the other Party. Motorola may subcontract any part of the work, but subcontracting will
not relieve Motorola of its duties under this Agreen1ent. Failure or delay by a Party to exercise a right or power
under this Agreement will not be a waiver of the right or power. An effective waiver of a right or power must be in
writing signed by the waiving Party and will not be construed as either a future or continuing waiver of that same
right or pO~'er~ or the waiver of any other right or power.
.
10.2 INDEPENDENT CONTRACTORS. Each Party is an independent contractor with respect to the other
Party, and a Party and its personnel will not be considered to be employees or agents of the other. Nothing in this
Agreement grants a Party the right or authority to make commitments of any kind for the other Party. This
Agreement will not constitute~ create, or in any way be interpreted as a joint venture, partnership or formal business
organization of any kind.
t 0.3 INTERPRETATION OF AGREEMENT. This Agreement, including any attachments, constitutes the
entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous
agreements.. proposals, and understandings, whether written or oral, relating to that subject matter. This Agreement
may be amended or modified only by a written instrument signed by authorized representatives of the Parties. The
preprinted tenns and conditions found on any Licensee purchase order, acknowledgment or other form will not be
considered an amendment or modification of this Agreernent, even if a representative of each Party signs the
document. The attachments are incorporated into and made a part of this Agreement. In interpreting this
Agreement and resolving any ambiguities~ the main body of this Agreement takes precedence over the attachments.
Section headings in this Agreement are inserted only for convenience and are not to be construed as part of this
Agreen1ent or as a limitation of the scope of the particular section to which the heading refers. This Agreement is an
arm's length transaction and will be fairly interpretcd in accordance with its tenns and conditions and not for or
against a Party. If a court of competent jurisdiction renders any part of this Agreement to be invalid or otherwise
unenforceable. it will be severed and the remainder of this Agrcen1cnt will continue in full force and effect as if the
invalid part was not part of this Agreement. This Agreement and the rights and duties of the parties will be
governed by and interpreted in accordance \\'ith the laws of the State in which the System is installed.
10.4. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state,
and local laws, regulations and roles concerning the performance of this Agreement or use of the System. Licensee
will obtain and comply with all FCC licenses and authorizations required for the installation, operation and use of
the System.
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10.5. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary
approvals, consents and authorizations to enter into this Agreement and perform its duties under this Agreement~ the
person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this
Agreement by the Parties, it is a valid and binding contract. enforceable in accordance with its terms; and the
execution, delivery, and performance of this Agreement does not violate any bylaw, charter. regulation, law or any
other governing authority of the Party. Each Party represents that it is fully aware of the terms contained in this
Agreement and has voluntarily entered into this Agreement, having had a full and fair opportunity to seek the advice
of counsel and other professionals or consultants as its considers necessary. This Agreernent may be executed in
separate counterparts, which together constitute a single agreement.
10.6. SUR VIV AL OF TERMS. The following provisions survive the expiration or temunation of this
Agreement for any reason: if any payment obligations exist, all of Section 4 (Contract Price. Payment and
Invoicing); Section 6 (Disputes); Section 8 (Linútation of Liability); and Section 9 (Confidentiality and Proprietary
Rights); and all of the General provisions in Section 10.
The Parties hereby enter into this Agreement as of the Effective Date.
Licensee
1\-Iotorola
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
-----.......-
Nextel Assigned Deal Number:
.
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Attachment A-I
Nextel-Motorola Pre-approved Payment Milestone Schedule
Depending on the Contract Price set forth in Section 4.1.1, the follováng payment milestones apply:
1. Contract Price < $300,000
Mobilization 500/0
Complete Planning Activities 50%
2. Contract Price $300,000 and above
Mobilization 400/0
Complete Suitability Assessment 400/0
Con1plctc Planning Activities 200/0
.
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Department: City Secretary
Presented by:
Subject: PUBLIC HEARINGS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. C.O
CITY OF
NORTH RICHLAND HILLS
.
Department: Planning & Inspection
Presented by: Eric Wilhite
Council Meeting Date: 9-25-2006
Agenda No.C.1
Subject: ZC 2006-11 Public Hearing and Consideration of a Request from Mr. & Mrs,
McCarty to Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single
Family Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres). Ordinance No.
2900. *This Public Hearing and Consideration was Continued at the September 11,
2006 City Council Meeting until September 25, 2006.*
Case Summary: The applicant is requesting approval of a zoning change from the
existing "AG" (agricultural district) to "R-1-S" (single family residential district) for the
purpose of developing a single family residence.
Plat Status: A single lot, preliminary plat (case # PP 2006-07) and a final plat (case #
FP-2006-11) McCarty Addition, are being reviewed concurrently with the zoning change
request. The final plat is on this agenda for approval by the City Council.
Existing Site Conditions: An older wood framed single family residence has
recently been demolished from this site. It is the intent of the applicant to construct a
new single family residential structure.
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Comprehensive Plan: The -Comprehensive Plan depicts low density residential uses
for this area. Many of the surrounding properties are large tracts which are currently
zoned "AG" agricultural, and "R-1" single family.
Thoroughfare Plan: The property has frontage on Eden Drive, a local residential
street with 50 feet ROW.
Surrounding Zoning I Land Use:
North: "AG" agricultural with single family structures
East: "AG" agricultural with single family structures
South: "AG" & "R-1" single family
West: "AG" agricultural
Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve ZC
2006-08.
Continuance Request: The property owner has requested another continuance to this
case until the Council's October 9, 2006 meeting (see attached letter dated September
19, 2006). Staff has discussed this request with the owner and suggested that a
continuance was not needed as staff had all the necessary documentation for the case
to proceed. The owner said she understood but that her spouse was out of town and
that they needed time to discuss the case together. It is possible that the property
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e
owner may choose to withdraw this request for a continuance prior to the City Council
meeting. If this occurs Council will be informed as soon as possible.
Vested Rights:
July 6, 2006.
Staff Recommendation: Approve ZC 2006-11, Ordinance No. 2900.
request for a continuance stands:
OR, if the
Open the previously continued public hearing, receive comments from the audience and
then consider a motion to continue the case until the October 9, 2006 City Council
meeting.
Review Schedule:
Application: 6/26/06 Final Hearing: (9/11 tabled) 9/25/06 Total Review Time: 13
weeks
2nd Letter
Dated September 19, 2006
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September 19, 2006
RECEIVED
SEP 2 0 2006
crrv ~t:GRETARY
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. Pitstick,
.
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to the October 9th, 2006 City Council
meeting. This request is made for two reasons: one, for the
purpose of appealing the City Engineers determination of
"rough proportionality" relative to sanitary sewer
improvements, and two, because we are in the process of
investigation regarding the County's and the City's required
documentation for septic systems.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
.
SI ncerely,
~L --rxi~ 1V(é{Ju:Á/
é Jack and Dana McCarty ... ()
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
·
1 at Letter
Dated September 6, 2006
September 6, 2006
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. Pitstick,
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to the September 2Sth,2006 City
Council meeting for the purpose of appealing the City
Engineers determination of "rough proportionality" relative
to sanitary sewer improvements.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
J~ *(~
Jack and Dana McCarty
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
.
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ORDINANCE NO. 2900
ZONING CASE ZC 2006-11
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICH lAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH
RICHlAND HillS, TEXAS, AND REZONING A 1.468 ACRE TRACT OF
PROPERTY FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL
RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND
HillS, TEXAS:
Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance
and the zoning map of the City of North Richland Hills are hereby
amended by rezoning a 1.468 acre tract of land located in the City of
North Richland Hills, Tarrant County, Texas, more particularly described in
Exhibit A from AG (Agricultural) to R-1-S (Special Residential) zoning.
Section 2: Any person, firm or corporation violating any provision of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
.
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ORDINANCE NO. 2900
Page 2
Section 3:
The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4:
This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 25th day of September, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
John Pitstick, Director of Planning and Development
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.
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ORDINANCE NO. 2900
Page 3
EXHIBIT A
Being 1.468 acres of land located in the both the J.B. Eden Survey, Abstract No. 499
and the O. Rumfield Survey, Abstract No. 1365, City of North Richland Hills, Tarrant
County, Texas, and being all of that tract of land conveyed to Cary Jack McCarty and
Dana V. McCarty by warranty deed as recorded in Tarrant County Clerk's Instrument
No. (T.C.C.LN.) D206070029 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.). Said tract being more particularly described by metes and bounds as
follows:
Beginning at a 1#2" iron rod with cap stamped "RPLS 4183 SPOONER" set at the
southeast property corner of the said McCarty tract, said beginning point being the
northeast property corner of a tract of land conveyed to Thomas Pate by deed as
recorded in T.C.C.LN. D204024332 of the D.R.T.C.T., said beginning point also being
on the west right-of-way line of Eden Road, being a variable width right-of-way;
THENCE South 89 degrees 32 minutes 10 seconds West, along the south property line
of the said McCarty tract and along the north property line of the said Pate tract, a
distance of 461.10 feet to a 5#8" iron rod found at the southwest property corner of the
said McCarty tract, said point being the northwest property corner of the said Pate tract,
said point also being on an east property line of a tract of land conveyed to O. G. Tobias
by deed as recorded in Volume 4326, Page 307 of the D.R.T.C.T.;
THENCE North 00 degrees 42 minutes 01 second West, along the west property line of
the said McCarty tract and along the said east property line of the Tobias tract, a
distance of 140.19 feet to a 5#8" iron rod found at the northwest property corner of the
said McCarty tract, said point being an inner ell property corner of the said Tobias tract;
THENCE North 89 degrees 57 minutes 25 seconds East, along the north property line
of the said McCarty tract and in part along a south property line of the said Tobias tract
and in part along the south property line of a tract of land conveyed to Todd C.
Stephens and Tracey C. Stephens by deed recorded in T.C.C.LN. D204143199 of the
D.R.T.C.T., a distance of 462.20 feet to a 1#2" iron rod with cap stamped "RPLS 4183
SPOONER" set at the northeast property corner of the said McCarty tract, said point
being the southeast property corner of the said Stephens tract, said point also being on
the said west right-of-way line of Eden Road;
THENCE South 00 degrees 15 minutes 01 second East, along the east property line of
the said McCarty tract and along the said right-of-way line, a distance of 136.80 feet to
the Point of Beginning;
The herein described property contains 1.468 acres of land more or less.
.
Location Map
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____ll l- I .....! L_l___J
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A
NRH
ZC 2006-11
Zoning Change; Ag to R-1-S; 1.46 acres
J.B. Edens Survey (Abs. 499)
7400 Block of Eden Rd
Prepared by Planning 6/29/06
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o 125 250
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750 1,000
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Notice of Public Hearing
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICH LAND HILLS
PLANNING AND ZONING COMMISSION
CITY COUNCIL
Case #: ZC 2006-11
Applicant: Cary Jack and Dana McCarty
Location: 7400 Block of Eden Rd. (1.46 acres)
You are receiving this notice because you are a property owner of record within
200 feet of the property shown on the attached map.
PurDose of Public Hearina:
A public hearing is being held to consider a request from Cary Jack and Dana McCarty
to rezone 1.46 acres of land (as identified on the attached map) from "AG" Agricultural
to "R-1-S" Special Single Family Residential.
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Public Hearina Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
THURSDAY, AUGUST 17, 2006
If recommended for approval by the Planning and Zoning Commission, this
zoning request will be heard by the City Council on:
CITY COUNCil
MONDAY, SEPTEMBER 11, 2006
Both Meetings Time: 7:00 P.M.
Both Meetings Location: CITY COUNCil CHAMBERS
7301 N. E. lOOP 820
NORTH RICH lAND HillS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the
above request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
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Property Owner Notification List
Tony White
3826 NE 28th St
Haltom City, TX 76111
O.G. Tobias
8800 Rumfield Rd
N. Richland Hills, TX 76180
Ricky & Susan Jordan
7416 Eden Rd
N. Richland Hills, TX 76180
Todd & Tracey Stephens
7417 Eden Rd
N. Richland Hills, TX 76180
Weldon & Mary Johnson
7405 Eden Rd
N. Richland Hills, TX 76180
Cary Jack & Dana McCarty
8108 Thornwood Dr.
N. Richland Hills, TX 76180
James & Suzan Friese
7312 Eden Rd
N. Richland Hills, TX 76180
Elizabeth Spencer Smith
7313 Eden Rd
N. Richland Hills, TX 76180
.
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John & Brandy Shepherd
8704 Rumfield Rd
N. Richland Hills, TX 76180
Perry G Weiss
7404 Eden Rd
N. Richland Hills, TX 76180
Thomas Pate
7401 Eden Rd
N. Richland Hills, TX 76180
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Excerpt from August 17, 2006 Planning & Zoning Commission Meeting Minutes
ZC 2006-11
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY JACK
McCARTY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO
"R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL, (LOCATED IN THE 7400 BLOCK
OF EDEN RD. - 1.46 ACRES).
APPROVED
Eric Wilhite presented ZC 2006-11. Mr. Wilhite stated that this is a zoning change
request similar to many of the ones in this area that are parcels of land currently zoned
AG. There is also a preliminary plat and a final plat for the same subject tract on
tonight's agenda. This request is located in the 7400 Block of Eden Road. It has been
reviewed and Staff recommends approval.
The Chairman opened the Public Hearing and asked the applicant to come forward,
The applicant, Dana McCarty, 8108 Thornwood Drive, explained to the Commission that
she is not a developer. They are simply a family, already living in North Richland Hills,
who wishes to move to another location in the city and build a house and have a horse,
.
Chairman Shiflet asked if anyone wished to speak in favor or opposition of this case,
No one came forward. The Chairman closed the Public Hearing and called for a
motion.
Bill SChopper, seconded by Mike Benton, motioned to approve ZC 2006-11. The
motion carried unanimously (7-0).
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CITY OF
NORTH RICHLAND HILLS
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Department: City Secretary
Presented by:
Council Meeting Date: 9-25-2006
Agenda No. 0.0
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
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CITY OF
NORTH RICHLAND HILLS
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Department: Planning & Inspection
Presented by: Eric Wilhite
Council Meeting Date: 9-25-2006
Agenda No.D.1
Subject: FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a
Final Plat of Lot 1, Block 1, McCarty Addition (Located in the 7400 Block of Eden Rd. __
1.4 acres). *This Final Plat was Continued at the September 11, 2006 City Council
Meeting until September 25, 2006. *
Case Summary: The applicant is platting this 1.4 acre tract for the purpose of
developing a one (1) lot single family subdivision. Zoning change request (case # ZC-
2006-11) and preliminary plat (case # PP-2006-07) are being processed concurrently
with this final plat request.
Current Zoning: The subject property is being considered for re-zoning concurrently
with this final plat from "AG" agricultural to "R-1-S" special single family residential,
Thoroughfare Plan: The subject property has frontage on Eden Road, a planned 4
lane undivided major collector street with 68 feet ROW. As part of this final plat a
required additional 15 feet of ROW is being dedicated.
.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. The proposed plat is consistent with this depiction.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it complies with Subdivision Ordinances and is consistent with the
preliminary plat.
Vested Rights:
August 5, 2006.
Rough Proportionality Determination: The City Engineer's original determination
was that the property owner would be responsible for $4,282.00 for future off-site
improvements of concrete curb & gutter and concrete sidewalks within the Eden Road
right-of-way. In addition, the property owner was responsible for 100% of the cost to
extend an existing 6-inch sanitary sewer line from its current ending point to the
northern (upstream) limit of their property. The total extension would be approximately
310 linear feet. Originally, the property owner and their engineer agreed with the City
Engineer's determination. However, after the cost of the sewer line extension was
determined, the property owner approached staff requesting an appeal of the sewer
portion of the City Engineer's determination of rough proportionality,
The property owner is requesting (throuah an Appeal to the sanitary sewer line
determination onlv) that they be allowed to use an existing septic system located on
their property, instead of extending the sanitary sewer line and connecting to the City
sewer system. They have hired a company that specializes in septic tanks to inspect
.
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their existing system. The company has determined that the existing septic system is
working properly. A copy of the report is attached.
The property owner contends that since septic systems are allowed in the City and
since their lot is 1.4 acres in size, they should be allowed to use the existing septic
system. What complicates the property owner's appeal is that the subdivision
regulations do not allow septic systems if the property is less than 300 feet from a city
sewer line. The City Attorney has advised staff that the only way to grant the property
owner's request is for Council to first grant a variance to the subdivision regulations
allowing a septic system to be used on property located within 300 feet of city sewer. If
the variance is granted to the subdivision regulations, Council could then consider the
property owner's appeal not to construct any of the sewer line extension. This request
could be justified since no public sewer would be entering the city sewage system from
Lot 1, Block 1, McCarty Addition.
Without the variance to allow the septic system to be used in this situation, Council
would not be able to grant the property owner's appeal to not construct any public
sewer. With no variance granted, Council's options would be limited to the following:
1. The property owner would need to extend the public line to the limit of
the northern property line (approximately 31 0 feet at an estimated
cost of $31,000).
.
2. The property owner would need to extend the public line to the limit of
the southern property line (approximately 174 feet at an estimated
cost of $20,000).
3. The City would use public funds to fully extend the public line either to
the 310 or 174 foot lengths. Rough Proportionality provides for this
option, but it should be clearly understood that doing so requires the
general tax payer to cover utility costs that developers are typically
required to pay. While this option is available, staff does not
recommend its use as doing so places an unnecessary burden on the
public.
In summary,
Option 1: Grant the variance request of the property owner to be allowed to have a
septic system and grant the acceal to not be required to extend the existing sewer line.
The following steps are required:
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a. Grant a variance to the subdivision regulations as outlined in Article II,
Sec. 110-24 Variances to allow the use of a septic tank on property
located within 300 feet of public sewer.
b. Grant the property owner's acceal to not be required to extend the
existing sewer line on the bases that no flows are being contributed to
the public system from this one lot subdivision.
Option 2: Deny the variance request of the property owner to be allowed to have a
septic system and deny the acceal thereby requiring the existing sewer line be
extended to Lot 1, Block 1, McCarty Addition to provide sewer service to the property,
The following steps are required:
a. Deny the variance request to allow septic systems within 300 feet of
city sewer.
b. Deny the property owners acceal and require the city sewer to be
extended to Lot 1, Block 1, McCarty addition.
c. Determine the exact limits of the property owner's obligation for sewer
line extension (either 310' or 174').
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Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, August 17,2006 and recommended 7-0 to approve FP
2006-11. The property owner's request for a variance and the appeal to Rough
Proportionality occurred after the Planning & Zoning Commission reviewed and
recommended this case to City Council. The Planning & Zoning Commission
recommended this case with the City Engineer's Determination of Rough Proportionality
intact. The City Attorney has opined that this case does not need to be returned to the
Planning & Zoning Commission for additional review because Council's granting or
denying of the property owner's requests will not alter the details of the plat such as
easements or rights-of-way.
Continuance Request: The property owner has requested another continuance to this
case until the Council's October 9, 2006 meeting (see attached letter dated September
19, 2006). Staff has discussed this request with the owner and suggested that a
continuance was not needed as staff had all the necessary documentation for the case
to proceed. The owner said she understood but that her spouse was out of town and
that they needed time to discuss the case together. It is possible that the property
owner may choose to withdraw this request for a continuance prior to the City Council
meeting. If this occurs Council will be informed as soon as possible.
Recommendation: To approve FP 2006-11, including the requirements to provide
payment for future curb and gutter and sidewalk improvements, and to approve the
.
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provisions of either Option 1 or Option 2 listed above.
continuance stands:
Or, if the request for a
Open the previously continued case and then consider a motion to continue the case
until the October 9, 2006 City Council meeting including the property owners wavier of
the 30 day plat rule.
Review Schedule:
Application: 7/31/06
Final Hearing: 9/25/06
Total Review Time: 8 weeks
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2nd Letter
Dated September 19, 2006
September 19, 2006
RECEIVED
SEP 2 (; 2006
CITY SI:GRETARY
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. Pitstick,
.
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to ttie October 9th, 2006 City Council
meeting. This request is made for two reasons: one, for the
purpose of appealing the City Engineers determination of
"rough proportionality" relative to sanitary sewer
improvements, and two, because we are in the process of
investigation regarding the County's and the City's required
documentation for septic systems.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
Sincerely,
0/ 0 £ -oJ~ 1V{({l~
~ and Dana McCarty '()
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
e
1st Letter
Dated September 6, 2006
September 6, 2006
City Secretary
Patricia Hutson
Director of Planning and Development
John Pitstick
Re: 7405 Eden Rd.
North Richland Hills, Texas 76108
Dear Mrs. Hutson and Mr. Pitstick,
We would request that Zoning case 2006-11, and Final Platt
2006-11 be continued to the September 2Sth,2006 City
Council meeting for the purpose of appealing the City
Engineers determination of "rough proportionality" relative
to sanitary sewer improvements.
As the applicant we would request you to waive the 30 day
dead line of approval for this Platt.
\./~ *(~
Jack and Dana McCarty
8108 Thornwood Dr.
NRH, Texas 76180
(817) 913-5244
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.
e
September 19, 2006
To: City of NRH
Honorable Mayor and Members of the Council
We respectfully request your approval of the following:
Zoning Case ZC 2006-11
Pursuant to Zoning Ordinance Article V Division 3 Sec. 118-631 we are
requesting a zoning change from AG to R-1 S to allow for the permitted use of Single
Family Detached with a special use permit for livestock uses (Horses).
Final Plat Case FP 2006-11
Pursuant to Zoning Ordinance Article V Division 2 Sec 118-611 , Lot
Requirements (1). We are requesting approval of the Final Plat to allow for application
of a Building Permit to build a new house in place of an existing house.
At the same time we are also requesting Council, pursuant to Zoning Ordinance Article
V Division 2 Sec 118-611, Lot Requirements (5), to approve the use of the existing on-
site certified septic systems as "Adequate and proper sanitary facilities". In addition we
are requesting a variance to the subdivision regulations to allow the use of the existing
septic system on the following basis:
1. The approximate $20,000 cost to extend public sewer is creating a financial
hardship.
2. This is a unique situation in that it is a one lot subdivision that has a certified
septic system in working condition that could be used as an approved sanitary
sewer facility.
We agree that at such time the city sanitary sewer is extended to this property and
made available, we will comply with the provisions in Buildings and Building Regulations
Article IX Division 3 Sec. 98-431 and 432 and that the existing septic system will be
used for the proposed house.
We are therefore appealing the City Engineer's rough proportionality for the sewer
extension and requesting that the subdivision variances be approved and we not be
required to construct any sewer line extensions with this plat. No sewer extension will
be necessary if we can use the existing septic system.
Thank you for your consideration on these items.
Jack and Dana McCarty
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NRH
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
FROM:
Mayor and City Council
Gregory Van Nieuwenhuize, P.E., Assistant Public Works Director
SUBJECT: Appeal of Rough Proportionality Determination
McCarty Addition: Block 1, Lot 1 (FP 2006-11)
DATE:
September 19,2006
.
The original Rough Proportionality Determination C'RPD") for the McCarty Addition
rMA") was made in accordance with the City Code, Chapter 110-365: "Sewage facility
requirements", which states, It . . . AU sewer mains constructed within the proposed
subdivision shall be extended to the perimeter of the proposed subdivision to allow for
future extension of the sewer system into adjacent properties regardless of whether or
not such extensions are required for service within the subdivision. . . ". The initial RPD
required the developers of the MA to extend the existing public sanitary sewer
approximately 310'. Currently, public sanitary sewer exists approximatety 174' from the
McCarty property and as this property has 136' of frontage, the total distance of sanitary
sewer necessary to comply with Chapter 110-365 is 310' (174' + 1361 = 3101). In order
to meet the criteria of the Public Works Design Manual, this 310' of sanitary sewer will
also necessitate the construction of two sanitary sewer manholes.
Among other items, the City Code, Chapter 110-455: "Appeals Procedure", requires the
city's engineer to evaluate the appeal and supporting study and to make a
recommendation to the City Council based upon the city's engineer's analysis of the
information contained in the study and utilizing the same factors considered by the
engineer in making the original proportionality determination.
Therefore. since the MA requires only the initial 1741 of sanitary sewer, including two
sanitary sewer manholes. in order to provide publfc sanitary sewer service to the MA,
the construction of these public sanitary sewer infrastructure items is required for the
development of the MA as proposed by the developers. Further, the developers should
be required to assume 100% of the amount required for such public sanitary sewer
infrastructure improvements.
The above determination of proportionality is made pursuant to Section 212.904, Texas
Local Government Code by the undersigned professions' engineer In the employ of the
City of North Richland Hills, licensed by the State of Texas.
cc: Jack and Dana McCarty (via email: jdrsmccarty@cs.com)
Ernest Hedgcoth, P.E. (via fax: 817.831.6368)
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CORNISH-BURTON SEPTIC SERVICE
PHONE # 817-427-0228
FAX # 817-427-3466
TNRCC PERMIT #237 58
YES NO
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2. LATERAL UNES APPEAR TO BE OK
3. TOILETS FLUSH AND DRAIN PROPERLY
4. SINK AND LAVATORIES DRAIN WORKING PROPERLY
TANK CAPACITY
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NUMBER OF SEPTIC TANKS
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FP 2006-11
Final Plat
McCarty Addition
Lot 1, Block 1
Prepared by Planning 7/31/06
IUU I I I Feet
o 125250 500 750 1.000
.
·
·
McCARTY ApDITION
BLOCK 1, LOT 1
·
Prepared by NRH Public Works Department
LOCATION MAP FOR
McCARTY ADDITION
RUMFIELD DRIVE
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NO~THERN LIMITS
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EXISTING SEVVER MAIN
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Public Works Sign Off Letter
NRH
CITY OF NORTH RICHLAND HILLS
MEMO
FROM:
Carolyn Huggins Planning Coordinator
GJenn Smith, Engineer Associate %
TO:
SUBJECT: McCarty Add~tion~ Block 1 - Lot 1
Finat Plat - FP2006-11
DATE:
August 11, 2006
PubHc Works has reviewed the final plat submit1ed to this office on July 31, 2006. AU
Public Works! requirements have been met.
cc: Greg Van Nieuwenhuize, Assistant Public Works Director
.
GES/pwm2006-167
.
.
.
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Excerpt from August 17,2006 Planning & Zoning Commission Meeting Minutes
FP 2006-11
CONSIDERATION OF A REQUEST FROM CARY JACK McCARTY TO APPROVE A
FINAL PLAT OF LOT 1, BLOCK 1, McCARTY ADDITION (LOCATED IN THE 7400
BLOCK OF EDEN RD. - 1.46 ACRES).
APPROVED
Eric Wilhite presented FP 2006-11. Mr. Wilhite stated that this is a final plat for the
property discussed in ZC 2006-11. The final plat is consistent with the preliminary plat.
It has been reviewed and meets all subdivision rules and regulations and Staff
recommends approval.
Mr. Bowen asked Staff if they had made the applicant aware of rough proportionality
determination. Mr. Wilhite stated that all applicants receive notification of such terms
soon after the exhibit has been reviewed by ORC. At that time, they determine what
they wish to do.
Mike Benton, seconded by Mark Haynes, motioned to approve FP 2006-11. The
motion carried unanimously (7-0).
.
.
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Department: City Secretary
Presented by:
Subject: PUBLIC WORKS
No items for this category.
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. E.O
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Department: City Secretary
Presented by:
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. F.O
CITY OF
NORTH RICHLAND HILLS
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Department: Finance
Presented by: T Powell/A Jones
Council Meeting Date: 9-25-2006
Agenda No. F.1
Subject: PU 2006-055 Approve a Contract with Modern Contractors, Inc. for the
Construction of a Live Fire Training Facility in the Amount of $705,500 - Resolution No.
2006-078 and Revise the 2005/2006 Capital Projects Budget
On April 24, 2006 City Council awarded a contract to Larrison Construction Texas to
construct the Live Fire Training Facility. At the August 4th and 5th Budget Workshop,
Council was informed that Larrison might not be able to obtain a performance bond for
the project. In fact since this time we have learned that Larrison was not been able to
secure a bond. Due to this, the City Attorney has informed Larrison that the City
declines to contract with them (see attached letter).
As a result, the project evaluation committee comprised of Richard Torres, Assistant
City Manager; Larry Koonce, Director of Finance; Andy Jones, Fire Chief; Kirk Marcum,
Assistant Fire Chief; Thomas Powell, Director of Support Services; and Ken Raney,
Project Manager met to consider options. The following options were considered:
Option 1 - Negotiate with the second best proposer.
Advantages of this option include:
. . No additional architectural, printing or advertising costs required.
· Project could begin as early as November.
· If new proposals are requested, cost could possibly be higher if the market
is unfavorable.
Disadvantages include:
· If new proposals requested, costs could possibly be lower if the market is
favorable.
Option 2 - Request new proposals (existing format) by General Contractor or three
separate contracts (building, fire equipment, site work).
Advantages of these options include:
· Possible cost savings if the market is favorable and proposals are lower
than the negotiated price.
Disadvantages of these options include:
· Additional architectural, printing and advertising costs required.
· If three (3) contractors are used, each contractor is required to have
insurance and bonding resulting in additional costs. Staff time would be
increased to supervise the project.
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. New proposals could possibly be higher than negotiated price if the market
is unfavorable.
. Project delay would be approximately five months.
The committee evaluated these options and decided to negotiate with the second best
proposer, Modern Contractors, Inc., before deciding whether to request proposals
again. The goals of the committee were to preserve the integrity of the project and stay
within budget if possible.
Modern Contractor's original proposal price was $799,000, $20,000 more than Larrison.
As with Larrison Construction, staff looked at the same modifications to the project
including gates and fencing, elimination of minor fire equipment, reduced
manufacturer's costs and reduction in general condition costs. None of these
modifications will jeopardize the integrity of the project.
Atter the first meeting with Modern Contractors, the committee reconvened to discuss
the results. Negotiations yielded a price of $715,500, a savings of $83,500 from
Modern's original proposal. This reduced price was still higher than the $675,008
contract awarded to Larrison by more than $40,000.
.
Before making a final decision the committee wanted to meet with Modern one more
time to see if the project cost could be reduced. Modern was able to reduce the cost by
an additional $10,000. The final negotiated price is $705,500. This includes an owners
contingency of $15,000.
If the contingency of $15,000 is not used, the total cost of construction would be
$690,500. This is an increase of $15,492 or 2.30/0 over the contract awarded to Larrison
in April. The committee believes this is reasonable based on cost of construction
increases since the contract was awarded. The committee also believes that the risks
of cost increases by seeking new proposals may be higher than the increase of the
price being negotiated.
The additional funds of $24,381 necessary to award this contract are available in pay-
as-you-go reserves. The revised budget for this project will be $744,381, an increase of
$24,381 from the original budget. In addition, the project construction start date has
been delayed from May 2006 to November 2006 due to the change in contractors. A
revised project sheet is attached.
The committee believes that it is possible the contingency of $15,000 may not be used.
References for Modern Contractors, Inc. are favorable and staff anticipates a quality
project.
Recommendation:
To approve Resolution No. 2006-078; revise the 2005-2006 Capital Projects budget,
and; rescind the April 24, 2006 contract with Larrision Construction Company due to
their inability to provide performance bond.
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. NRH
RESOLUTION NO. 2006-078
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS:
SECTION 1. THAT the City Manager is hereby authorized to execute a construction
contract with Modern Contractors, Inc. in the amount of $705,500 for
construction of a Live Fire Training Facility, as the act and deed of the
City.
PASSED AND APPROVED this the 25th day of September, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
. Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
(Dept Head Name & Title)
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Budget Category Capital Projects
Fire Training Facility Expansion/Upgrade
PS0501
PROJECT DESCRIPTION & JUSTIFICATION
This project entails expanding and upgrading the current fire training facility. The current facility originally included other
needed training simulators; however. the project had to be scaled back due to budgetary constraints and a number of the
needed simulators were eliminated as a result. This project will provide drivers a training area as well as an environmentally
clean bum lab for fire training. The burn lab will contain state of the art computer controlled safety features to maximize
firefighter safety during live fire training scenarios.
The City's current training facility, located at 7202 Dick Fisher Drive North, was built in 1988 and does not include a number of
training simulators needed to properly train Fire Department personnel for real-life circumstances that they may encounter.
Items, which need to be included. are a drivers training pad and bum lab for live fire training. Firefighting is a low-frequency.
high-risk task that firefighters perform and yet the City has no means to give them live fire training in a safe, controlled
environment to keep skills sharp. The department currently has no place to conduct driver training, pumper setup training,
or fire hose deployment training except on actual City streets where inconvenience to citizens and danger to fire department
personnel are considerations. Live fire training, when done currently, is accomplished by sending fire apparatus and
personnel out of the City to Tarrant County College for hours at a time. When on-duty personnel and equipment are out of
the City attending this training. we replace them with reserve equipment and overtime personnel to maintain emergency
response coverage. This adds signifICantly to the cost for this training.
An in-City live fire training facility will enable us to keep our resources in the City, save overtime costs and increase the
frequency of this training. The new live fire training facility and driver's training pad will be co-located with the existing Fire
Training tower on the same site.
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PROJECT STATUS Original 2005/2006 Original 2005/2006
Start Date Revision End Date Revision
Engineering OS/2005 11/2005
Construction OS/2006 11/2006 12/2006 0412007
REVISION EXPLANATION
A contract for construction was awarded in April 2006 in the amount of $675.008. The contractor was unable to secure a
performance bond. A subsequent contract was negotiated with the second best proposer and approved by Council in
September 2006. The new contract construction cost is $705.500. The anticipated completion of the project is Aprí12007.
The additional $24.381 will come from pay-as-you-go reserves.
FINANCIAL DATA
200512006 2005/2006 Total
Funding Source Amount to 2005/2006 Proposed Revised Remaining Project
Date Adopted Revision Budget Ba'ance Cost
Prior Funding Allocations:
G. 0, Bonds $750,000 $0 $0 $0 $0 $750,000
Proposed Funding Allocations:
Pay-as-you-go Reserves 0 0 24,381 24,381 0 24.381
Total $750.000 $0 $24,381 $24,381 50 5774.381
Project Expenditures
Engineering/Professional Services 575,000 $0 ($6.119) ($6,119) $0 $68.881
Right-of-Way 0 0 0 ° 0 0
Construction 375,000 0 (375,000) ° 705.500 705,500
Total $450,000 SO ($381,119) ($6. 11 9) $705,500 $774,381
IMPACT ON OPERATING BUDGET
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6000 WJ!5TI!RN PLAca. SUm! 200
1-30 AT BRYÃHT-IIltYIN ROAD
FoRT WORTH. TØXAS 76107-46S4
DCJ¿: 1OAftfitr'oASLOOW
W88Sm: WWW:WOAll!.mM
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Attorneys ~ CODaselOrø
TBUUtiONS: (811)312-2580
Tou. FrtBB~ (800) 318-3400
FACSIMrL8: (817) 332..4740
DBNI'ON: (940) 383-2674
DaH'JON MsTRO: (972) 434-3834
OIoaœ A- STAKBI
.......tøIILCOm
September 11. 2006
Mr. Steve McCune, President
Larrison Construction Texas
S3 t6 Woodway Drive
Fort Wortht Texas 76133
R.e: North Richland Hills, Texas
Fire Training - Bum Building
Dear Mr. McCune:
We represent the City of North Richland Hills and this letter is in response to yours of
August 17, 2006 addressed to Mr. Richard Torres, Asst. City Manager.
The City cannot agree to your request that the contract be amended to change the name of
the contractor. The City must comply with state laws on bidding and it would clearly violate those
Jaws to contract with a non-bidder. Because you have not timely provided performance and payment
bonds, you arc in violation of the terms of the request for bids and the City declines to contract with
you. Please also be advised that your failure constitutes grounds to forfeit your bid bond and the
City intends to do this and apply the proceeds against the cost oftbe project should the cost exceed
your bid.
cc: Richard Torres
Thomas Powell
Andy Jones
Ken Raney
Larry Koonce
3289.004
W:\NIlB\GenerIl (32I9.004)\Let1a.u..rilan CoMlruc:doo.9.! (.04.wpd
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 9-25-2006
Agenda No. F.2
Subject: GN 2006-088 Appointment of Board Delegates to Reinvestment Zone No. 1
(TIF #1) and Appointment of Chair
The Bylaws of Reinvestment Zone Number One state that the Board is to consist of
nine directors; five are to be appointed by the City Council; one is appointed by the
governing body of Birdville Independent School District; one appointed by the governing
body of Tarrant County College District; one appointed by the Tarrant County Hospital
District; and one appointed by the governing body of Tarrant County. The directors are
to serve two-year terms of office. The five Council Members serving on Reinvestment
Zone No. 1 terms of office expire in October. The City Council is being requested to
make five appointments to the Board. The members whose terms will expire are Mayor
Trevino, Mayor Pro Tem Lewis, Councilman Welch, Councilman Turnage and
Councilman Whitson. Initially when the Reinvestment Zone was created, David
Medanich (City's Financial Advisor with First Southwest Company) recommended that
the City's Board Members include elected officials to the City. Council also elected to
appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the
exception of the one extra Council member on Reinvestment Zone No.2. The next
agenda is to consider the appointments to Reinvestment Zone No.2.
The Bylaws also state that the Council shall appoint a Chair annually. The other officers
consisting of a Vice-Chair and Secretary are to be elected by the Board of Directors at
their next meeting. After the appointment of the five directors, Council is requested to
appoint the Chair.
Recommendation:
To appoint five Council Members to serve a two-year term on Reinvestment Zone No.1
Board of Directors and to appoint the Chair.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 9-25-2006
Agenda No. F.3
Subject: GN 2006-089 Appointment of Board Delegates to Reinvestment Zone No. 2
(TIF #2) and Appointment of Chair
The Bylaws of Reinvestment Zone Number Two state that the Board is to consist of
nine directors; six are to be appointed by the City Council; one is appointed by the
governing body of Tarrant County College District; one appointed by the Tarrant County
Hospital District; and one appointed by the governing body of Tarrant County. The
directors are to serve two-year terms of office. The terms of office for the six Council
Members serving on Reinvestment Zone No. 2 expire in October. The City Council is
being requested to make six appointments to the Board. The Council Members whose
terms will expire are Mayor Trevino, Mayor Pro Tern Lewis, Councilwoman Compton,
Councilman Whitson, Councilman Turnage and Councilman Welch. Initially when the
Reinvestment Zone was created, David Medanich (City's Financial Advisory with First
Southwest Company) recommended that the City's Board Members include elected
officials of the City. Council also elected to appoint the same Council Members to
Reinvestment Zones No. 1 and No. 2 with the exception of the one extra Council
Member on Reinvestment Zone No.2. Council will also be considering appointments to
Reinvestment Zone No.1 in the previous agenda item.
The Bylaws also state that the Council shall appoint a Chair annually. The other officers
consisting of a Vice-Chair and Secretary are to be elected by the Board of Directors at
their next meeting. After the appointment of the six directors, Council is requested to
appoint the Chair.
Recommendation:
To appoint six Council Members to serve a two-year term on the Reinvestment Zone
Number 2 Board of Directors and to appoint the Chair.
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CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Richard Abernethy
Council Meeting Date: 9-25-2006
Agenda No. F.4
Subject: GN 2006-090 Appoint Members of the Youth Advisory Committee
The Youth Advisory Committee (YAC) By-Laws specify that 10 members are to be
appointed for a two-year term and 6 members are be appointed for a one-year term for
a total of 16 members. The Youth Advisory Committee recommends appointing the
following new member:
. Taylor Burroughs, Birdville High School, 1 year-term
These appointments are in accordance with the Youth Advisory Committee By-Laws.
Recommendation:
Approve the Youth Advisory Committee's recommendation for the new committee
member.
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. F.5
Subject: Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Councilman Sapp
Council Meeting Date: 9-25-2006
Agenda No. F.6
Subject: INFORMATION AND REPORTS - Councilman Sapp
Announcements
The City of North Richland Hills will join History Maker Homes at 10:00 a.m. on
Thursday, September 28th, for a ribbon cutting at their new company headquarters
located at 9001 Airport Freeway. For more information, please call the Economic
Development Department at 817-427-6090.
The North Richland Hills Fire Department will host an open house from 10:00 a.m. to
2:00 p.m. on Saturday, October 7th, at the Fire Administration Building, 7202 Dick
Fisher Drive North. Visitors will see live demonstrations and learn about the many
important services provided by the Fire Department. For more information, please call
817 -427 -6905.
Join us for live music under the stars at the Autumn Night Music Concert Series. The
series begins Saturday, October 7th, with the western swing group Coyboys & Indians.
On Saturday, October 14th, the Beatles tribute band Me & My Money will perform. Both
concerts are free and will begin at 7 p.m. at Kay Granger Park at Mullendore
Elementary School. For more details, please call 817-427-6600.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Penny Peterson and the Inspection Staff, Planning and Development
Department
A call was received from a local business owner who was extremely complimentary of
Penny and the inspection staff. He indicated that everyone he had contact with was
cooperative, helpful and understood the need to get permits processed in a timely
fashion.
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Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 9-25-2006
Agenda No. F.?