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CC 1999-01-25 Agendas
CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JANUARY 25, 1999 — 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular January 25, 1999 Agenda (5 Minutes) 2. IR 99-010 Discuss 1999 Bond Sale (5 Minutes) 3. IR 99-012 Discuss the Process and Time Table for Review and Implementation of Proposed Sign and Landscaping Recommendations (20 Minutes) 009 Discuss Pictures of Properties with Vi. - . the Public Meetings (10 Minutes) 5. IR 99-008 Clarification of Direction on Signboard (5 Minutes) 6. *Executive Session (5 Minutes) —The Council S ` V E may enter into closed executive session to J discuss the following: JUL 2 9 2005 li A. Pending Litigation Under Government Code 144 §551.071 — Foster vs. City No. 0399-6 B. Personnel Under Government Code §551.052 ,_TLD - Council Appointed Positions r) 7. Adjournment— 6:50 p.m. C "�1 I (L.�.r1t'l7 0,61 L\ci. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JANUARY 25, 1999— 7:00 P.M. For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:00 p.m The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3 Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made NUMBER ITEM ACTION TAKEN 1 Call to Order 2. Invocation Snow Heights Elementary 3. Pledge of Allegiance Snow Heights Elementary 4. Special Presentations 5 Removal of Item(s) from the Consent Agenda Page 2 NUMBER ITEM ACTION TAKEN 6 Approval of Consent Agenda Items a.) Minutes of the City Council Work Session November 24, 1998 b.) Minutes of the City Council Work Session December 15, 1998 c.) Minutes of the Special Pre-Council Meeting December21, 1998 d.) Minutes of the Special City Council Meeting December 21, 1998 a) Minutes of the Pre-Council Meeting January 11, 1999 f.) Minutes of the City Council Meeting January 11, 1999 GN 99-03 g.) Offer on Tract 17 of Abstract 1606, W.W. Wallace Survey; Resolution No. 99-05 PU 99-01 h.) Award of Bid for Construction of Phase 1 of the 100 Acre City Park PW 99-01 i.) Award of Bid for the Mackey Creek Diversion Channel Improvements to PKG Contracting, Inc in the Amount of $1,260,922.00 PW 99-02 j ) Award of Bid to Walt Williams Construction, Inc in the Amount of $680,982 26 for Blaney Avenue Paving Improvements PW 99-03 K) Vacate the Dedication of a Portion of the Existing Right of Way Located at the Intersection of Cardinal Lane and Simmons Drive — Ordinance No. 2364 • Page 3 NUMBER ITEM ACTION TAKEN 7. PZ 98-59 Public Hearing to Consider Amending the Zoning Ordinance to Establish Regulations for Site Plan Approval of all Commercial Projects that are Located within 200 Feet of Residentially Zoned Property that is Indicated to be Residential on the Approved Comprehensive Land Use Plan. Ordinance No. 2362 8 PS 98-55 Consider Request of Marvin Smith for a Final Plat of Lots 1-3, Block 2, Douglas Estates, Phase II. (Located in the 7500 Block Douglas Lane) 9 PS 98-65 Consider Request of Kent Holcomb for a Final Plat of Lots 1 & 2, Block 1, Town Center Addition. (Located at the Northwest Corner of Cardinal Lane and Simmons Drive) 10. GN 99-04 NRH2O 1998 Season Report and 1999- 2000 Recommendations 11. PW 99-04 Approve Drainage Improvements Proposal for the Development of Tract 8, Johns Addition 12. (a) Citizens Presentation (b) Information and Reports 13. Adjournment U L4 ti% A 6—ti it-4366k Oul _ ./ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-010 t Date January 25, 1999 Subject 1999 Bond Sale In August of last year, the Council approved a debt issuance as part of the 1999 budget A work session was held in which the need to finish street and drainage projects approved by the citizens in the 1985 and 1994 bond elections, as well as other projects that were approved on the master plan were discussed Attached are spreadsheets which were presented to and approved by Council at that time and incorporated into the 1999 Capital Improvements Budget. The street and drainage debt totals $5,470,000 The City Manager is recommending that the previously approved $900,000 issuance of debt for park land acquisition be postponed. Staff has developed a tentative schedule for the sale and delivery of funds March 22 Council Resolution authorizing intent to sell Certificates of Obligation April 8,9 Meetings with rating agencies April 26 Council meeting in which competitive bids will be approved June 1 Delivery of Funds to the City of North Richland Hills Staff would request Council approval of the calendar and to know as soon as possible which Council members plan to attend the rating agency meetings on Thursday, April 8 and Friday, April 9. Attached is a schedule of Council members who have attended past rating meetings. Respectfully submitted, Larry Koonce Finance Director Attachment LKlpo a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 0 000 , # ; A ) § \\}VI § } 0 c0 V'Z, V ^ / \ k ¥k © # | & v $ f 0 k ` R © - N § ` & -_" # 2 : ] | ® ` - i .. & ) � � . 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O N CO 03 0 aa) c c O v a } Z >, .- a1 a I- v7 0 ❑ 0 in 0 4 0 N o O o 0 0 0 co N 0 0 0 r 0 r a ELECTED OFFICIALS ATTENDANCE -- BOND RATING CONFERENCES 1989 (Revenue and Refunding) Tommy Brown Mack Garvin 1991 Tommy Brown Richard Davis Byron Sibbet 1992 (G O ) Tommy Brown Linda Spurlock Lyle Welch 1992 (Sales Tax) Tommy Brown Jo Ann Johnson Byron Sibbet 1993 (G O./C O ) Tommy Brown Mark Wood 1994 (Park Sales Tax) Tommy Brown June 23-24, 1994 Ray Oujesky 1995 (G O./Sales Tax) Tommy Brown Lyle Welch Byron Sibbet 1996 (G O./C 0.) Tommy Brown Mark Wood Linda Spurlock Sansoucie Ray Oujesky 1997 (G O /C O ) Tommy Brown Mack Garvin Don Phifer 1998 (G.O./C O ) Tommy Brown Lyle Welch Cheryl Cowen Lyman • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-012 Date January 25, 1998 Subject Process and Time Table for Review and Implementation for Proposed Sign and Landscaping Recommendations Several Council members have requested that this item be placed on the Pre-Council to allow discussion of the time table and process for Council and community review of the proposed landscaping and sign regulations presented by the Land Use Ad Hoc Committee. Attached is a recap of the various stages of discussion regarding the signage and landscaping initiatives that were discussed as early as November 1997. We have also attached a listing of developments that are in various states of platting and estimates of when they will be ready for permitting. I would like to state up front I believe that there are several areas in the recommendations of the Land Use Ad Hoc Committee that need to be either eliminated or modified. The Land Use Ad Hoc Committee spent a lot of time and effort in discussing, reviewing, and developing their recommendations, but there are areas that I personally believe need to be modified I also am of the opinion that several of these recommendations, if Council chooses to further consider them, can be phased in and certainly would not have to be done at one time. There has been some comment that my office was pressing to have these recommendations approved and implemented very quickly. That is certainly not the case The only concern that I wanted to raise to the Council is that there are several projects that are in various stages of platting and development in some of our undeveloped areas of the city, primarily those in the northern part, and if it is the Council's desire to increase or strengthen the landscaping and signage requirements from what we currently have for these particular developments and other new developments in the city, then we need to consider the time line and be prepared to move in developing new ordinances fairly soon That is one of the reasons that we have identified the projects in this IR to give you an idea of what projects are underway and give you our best information at this point. As you are aware, after property is platted, then a is eligible to be built upon and building permits can be obtained. At the time that a building permit is taken out is when the signage and landscaping requirements as well as the other subdivision regulations come into play. Although these projects that are on the attachment are in processes of various stages, and even if property is platted, it does not necessanly mean that it will be built upon immediately However, you could assume that once some of these properties are platted they will most likely be built fairly soon. In looking at the attachment you can see that some of these projects upon final platting can take out a building permit in March, others will be later, and some are already permitted. Again, our only purpose in this was to make Council aware of some of the projects in the works, but again we cannot guarantee that they will be all completed even according to this schedule that we have provided. This is our best guess on what these developers have indicated to us in the process by which they would be going through. a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS As I stated above, there are opportunities for phasing in changes to landscaping and signage (whether they be the specific recommendations of the Land Use Ad Hoc Committee or not) For example, a possible schedule could be something like this: First stage — new or modified regulations for new construction projects (1'' quarter 1999) Second stage — sign maintenance provisions and considerations (2nd quarter 1999) Third stage — consideration of existing signage in the city (2n0 and 3rd quarter 1999) I am only stating this to give you as an idea that there are ways that this can be phased in should Council choose to proceed with any type of changes to our existing signage and landscaping As you are aware, the Boards and Commissions - Planning and Zoning, Beautification, and Parks and Recreation — have all been requested to review the Land Use Ad Hoc Committee recommendations and to provide feed back to Council for January 26. The Mayor has also called for a special work session on February 2 for Council to receive the input and further discuss this and then to have a possible hearing on February 8. The staff is certainly very willing to modify any schedule that is most comfortable for Council and will be looking forward to your direction on this matter, In summary, again, I would like to state that it is not the intention of the City staff to rush any sign regulations or landscaping regulations. We simply have wanted to point out to Council projects that are in the works that you may want to know about because we thought that you wanted to stay ahead of those projects as far as any upgraded standards We also would restate that there are several areas within the recommendations that we feel should be modified. All of this is simply contingent upon what the City Council wants to do with regard to increased standards and the speed at which you would like to get any of these done should you desire to do so. Respectfully submitted, • 4 Larry J. eunningham City Manager LJC/Id Signage and Landscape Review Timeline Nov 97 — Jan 98 P&Z hears and considers the request of D Baron for a zoning change on property located in the North Davis Area The prospect of development in this region of the City creates opposition to development that is typical in other portions Of the City Feb 6-7,1998 Work Session Signage and Landscaping Issues raised at First Goal Setting Retreat February 12,1998 P&Z P&Z gives direction to citizens of the North Davis Area who oppose development that is not a benefit to the City to develop a basis of recommendations for the'establishment of an Overlay Zone June 8,1998 Pre-Council Mayor Scoma discussed the formation of Ad- hoc Committees June 19-20,1998 Work Session Process discussed at Goal Setting Work Session June 25,1998 P&Z The North Davis Citizens Group makes a formal presentation to the P&Z regarding recommendations to increase development standards for the North Davis Region June 30.1998 Work Session (continuation of June 19-20 Work-Session) discussed procedures for establishing Ad Hoc Committees July 13,1998 Pre-Council Interim Review Committee and guidelines, discussed removal of sign and landscaping regulations from Zoning Ordinance July 13,1998 Council Presentation by North Davis Group — presenters encourage to fill out application for ad hoc committee July 27,1998 Pre Interim Review Committee July 27,1998 Council Established Interim Review Committee August 10,1998 Pre Update on the Ad Hoc Committee Interviews August 24,1998 Council Appointment to Land Use Ad Hoc Committee - 1 - Signage and Landscape Review Timeline August 27,1998 P8Z The P8Z vote to remove Signs and Landscaping Regulations from the Zoning Ordinance and adopt them as stand alone Ordinances Sep 14,1998 Council Discussed in conjunction with GN 98-115 (Direct Staff to draft specifics for developing a North Davis Overlay District —denied) Sep 22, 1998 Ad Hoc Land Use Ad Hoc Committee Orientation Sep 28,1998 Council Removed Sign Regulations & Landscape Regulations from Zoning Ordinance and adopted as stand alone ordinances Oct 26,1998 Pre Briefings of activities of ad hoc committees Nov 23,1998 Pre Ad Hoc Committee Reports January 12, 1999 P&Z P&Z hears the presentation of the Land Use Ad-Hoc Committee regarding Signs and Landscaping - 2 - Estimated Timeline for 1999 Developments PROJECT JAN. FEB. MAR. ALBERTSON'S Davis/N. Tarrant (SW) - Final CONOCO Precinct/Mid Cities — Final KOHL'S Pricinct/SH26 — Final Submitted SHOPPING CTR. & ► GAS STA. ► Davis/N. Tarrant (NW) — Replat ECKERDS Permitte• Davis/Mid Cities WALGREENS Permitte. Davis/Mid Cities SAM'S landscape only ► IH820 - Final WAL-MART landscape IH820 - Final BOX RETAIL Davis/SH26 — Replat BOX RETAIL Precinct/Mid Cities - Preliminary Represents when permitting process could begin INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-009 • ` Date January 25, 1999 Subject Discuss Pictures of Properties with Violations in Public Meetings Councilwoman Cheryl Lyman requested that this item be placed on the Pre-Council agenda It is my understanding that Councilwoman Lyman is concerned with presenting pictures of properties with violations in a public meeting without notifying the property owner of the violation. She has also requested that Rex McEntire prepare a written opinion regarding any legal implication of the city showing such properties in a public meeting At the time of the writing of this IR Rex has not completed his written opinion but as soon as this is done we will certainly get it to Council. Respectfully submitted, j Larry J. Cunningham City Manager LJC/Id a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No, IR 99-008 Date January 20, 1999 Subject. Clarification of Direction on Signboard Councilman Milano requested that this item be placed on the Pre-Council Agenda to clarify the direction the City and Staff are going on the BISD Signboard proposal, Respectfully submitted, Patricia Hutson City Secretary a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Pre-Council Minutes January 11, 1999 Item #4 IR 99-005 - B.I.S D The City Manager advised that the Directors of SCOREBOARD Economic Development, NRH20, Parks and PROPOSAL Recreation and Iron Horse met with the Communications Director and Deputy City Manager to review BISD'S proposal. The funding for the scoreboard will be provided from the advertising budgets of the above and funding will be from revenues with the exception of Economic Development which will be funded by hotel/motel tax revenues. The City Manager highlighted the items in the proposal. Mr. Shiflet discussed the subleasing option and staffs recommendation that any agreement pre-establish guidelines for subleasing allowing the city to sublease based on the guidelines rather than requiring BISD approval of any agreement. The Council discussed the pros and cons of the City participating in this venture with BISD. After discussion, Council Members Lyman, Phifer, and Metts were against participation and Council Members Milano, Johnson, Mitchell and Welch were in favor of participating. The consensus was for Staff to proceed with the drafting of an agreement for Council consideration and to include in the agreement the ability to sublease, to pre- establish guidelines for subleasing allowing the City to sublease based on the guidelines and electronic messages could also be additional ads. MINUTES OF THE CITY COUNCIL WORK SESSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — NOVEMBER 24, 1998 — 11:30 A.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order November 24, 1998 at 11:30 a.m ROLL CALL Present: Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Councilman Frank Metts, Jr. Councilman Cheryl Cowen Lyman Councilwoman Staff: Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Greg Dickens Public Works Director Marty Wieder Economic Development Director Ed Dryden Building Official Mike Curtis CIP Coordinator Steve Norwood Interim Planning Director Christopher Baker Planner Absent Russell Mitchell Councilman JoAnn Johnson Councilwoman Mat Milano Councilman Mr Jerry Sylo, Senior Planner and Mr. Scott Rogers, Planner, Richard Ferrara Architects, Inc., were present. Mr. Sylo presented an overview of the proposed Design Standards for the Town Center The Town Center will be broken up into zones — Neighborhood Edge Zone. Neighborhood General Zone, Neighborhood Center Zone and Core Zone The permitted uses and characteristics of each zone were presented. The minimum acreage to establish a neighborhood will be 40 acres and the maximum will be 200 acres. COUNCILWOMAN JOHNSON PRESENT AT 11:45 A.M. The Council was advised that an amendment to the Comprehensive Land Use Plan would be submitted in conjunction with the rezoning request A concept plan will also City Council Work Session Minutes November 24.1998 Page 2 be submitted with the rezoning request and will be attached as an exhibit to the Ordinance, if approved The permitted uses in each zone were reviewed and discussed and the Council was advised that the Table of Permitted Uses would also be adopted if the Zoning District is established. Mr. Sylo explained the shared parking standards that would be adopted with the zoning They were also proposing in their request an Architectural Review Committee Mr Sylo highlighted the characteristics of the proposed thoroughfare standards and the landscaping along the streets Mr Sylo responded to questions and concerns from the Council. Mayor Scoma adjourned the meeting at 1.29 p.m. Charles Scoma - Mayor ATTEST. Patricia Hutson - City Secretary MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — DECEMBER 15, 1998 — 6:00 P.M. Present Charles Scoma Mayor Lyle E Welch Councilman Russell Mitchell Councilman Frank Metts, Jr Councilman JoAnn Johnson Councilwoman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Staff: Larry Cunningham City Manager Ron Ragland City Manager Patricia Hutson City Secretary Absent- Don Phifer Mayor Pro Tem Mayor Scoma called the work session to order December 15, 1998 at 6:00 p.m. The purpose of the first half of the work session was to discuss with the Teen Court Advisory Board ideas and priorities related to their board. The second half of the work session was for the purpose of discussing with the Library Board issues related to their board. The following Teen Court Advisory Board Members were present: Ms. Kathy Graves Mr. Oscar Trevino Ms. Luci Wolfe Mr. Ronald Moore Ms Tami Spraggins Ms. Cherie Redenbaugh Board Member Absent: Stephanie Dukes Others present. Mr Jim Wilkins Court Administrator The Mayor reviewed the Council goals and objectives that related to the Teen Court Advisory Board and discussed how the goals pertained to their Board. The goals identified relative to the Teen Court Advisory Board were: 1) Goal Number 1: People Feeling Safe and Secure - specifically public perception of people feeling safe, providing safe schools and community for youth and working with the citizens in a preventive approach; 2) Goal Number 2: Quality development and planning - specifically revitalization of older areas of the City through community opportunities, and community pride and identity; 3) Goal Number 3: Self sustaining local economy - specifically through working with publiclprivate partnerships for the placement of youth City Council Work Session Minutes December 15 1998 Page 2 in community service activities, 4) Goal Number 4. Financially sound city government providing cost effective services - specifically through well maintained city facilities, cost effective and quality delivery of services and use of community resources, 5) Goal Number 5 A variety of amenities for families, and 6) Goal Number 6' Effective transportation system - specifically improved traffic safety He explained how the Teen Court Program and the youth could be involved in each of these objectives The Mayor asked each of the Teen Court Board Members to introduce themselves and discuss what they feel is the primary objective and responsibilities of the Board. The Mayor reviewed the nine goals of the Teen Court Board. There was discussion on the ordinance establishing the Teen Court Board and the appointment procedure to the Board It was called to their attention that the appointments are to be made from the Municipal Judge's recommendations There was discussion on the average number of hours of community service a teen serves, the number of adult volunteers and the commitment of time and workload by the Board Members and the volunteers. The original intention was for volunteers to support the Advisory Board and not for the Board to carry the load It was felt that the City needed to return to having a pool of adult volunteers to assist with the program Mayor Pro Tern Phifer present at 6:40 p.m. The following specific issues/concerns of the Teen Court Board were discussed 1) Recognition of Teen Court Attorneys — It was felt more visibility was needed for the teens that are volunteering. The positive aspects need to be recognized. It was suggested that the Communications Director do a Teen Court newsletter. 2) Council should be aware of the volunteer teens, the training, bar exam, volunteer judges, etc. It was felt that this issue could be addressed the same as Issue Number 1 Cable TV could also be another source of visibility for the volunteers. 3) Scholarship and resident requirements — The Board advised that 50 percent of the volunteers are not North Richland Hills residents and they were seeking direction on whether the scholarship should go to a resident of the City. The Board was instructed to bring some recommendations to the Council on how to get more teen volunteers from the city and their recommendations on whether the scholarship should be limited to North Richland Hills residents and the Council will make a decision. It was felt that Items 4, 5, and 6 were administrative items and the Board should work with staff and come up with some recommendations to bring to the Council 4) Problem with facilities on Monday nights — need more space. City Council Work Session Minutes December 15, 1998 Page 3 5) Need input on ideas for more adult volunteers and possibly a part time staff person on Court nights 6) Turnover rate. 7) Encourage Council to visit Teen Court— Council was invited to attend Teen Court and see first hand the activities of the Teen Court and its volunteers 8) Salary Increase for Teen Court Coordinator with a Masters Degree — It was felt that this issue was an administrative item. There was discussion on the community service performed by the youth, the availability of places/business for them to perform their community service and the follow up conducted by the Board and volunteers. RECESS The Council concluded their work session with the Teen Court Advisory Board and Mayor Scoma recessed the meeting at 7 00 p.m. BACK TO ORDER The Mayor called the work session back to order at 7 10 p.m. with the same Council Members present except for Councilman Metts. The same City Staff was present. The following Library Board Members were present. Ms. Vickie Leslie Ms. Mary Shilcutt Ms Carol Benoit Ms Avis Crisp Mr Lynn Waller Ms. Kay Schmidt Board Members Absent: Polly Brinkley and Mr. William Merrill Others present: Mr. Steve Brown, Library Director Mayor Scoma reviewed and discussed the goals of the City Council as they pertain to the Library Board. Relevant items identified within the Council goals were: 1) Goal No. 2 - community pride and identity; 2) Goal Number 3: - successful Town Center, retention of local businesses, work through public private partnerships and international relationships/business/cultural exchange; 3) Goal Number 4 — lower tax rate for homeowners; provide diversified sources of revenue, well maintained city facilities and infrastructure; valuing municipal employees, striving for excellence; cost effective and quality delivery of services, and use of community resources; and 4) Goal Number 5 — strong library as an educational/learning center and informational center, expanded cultural opportunities, strong support and partnership with the community and recognize regional resources. City Council Work Session Minutes December 15, 1998 Page 4 The Board Members were asked to introduce themselves and to discuss the function of the Library Board The Mayor discussed that the Board was representative of the Council and their function was to inform the Council and to help them make better decisions. The Board should be a proactive board that both initiates and communicates with the Council The following specific issues/concerns of the Library Board were discussed: 1) Library accessibility during the road construction and possible alternative service areas—The Library Board was questioning what could be done to make the library accessible to the citizens during the 820 road construction. They questioned whether the entrances and exits to the library could be relocated and if there were other places that library services could be offered on an interim basis. The Board was advised to address this issue and to make a recommendation to the Council Staff will transmit to the Board the letting dates for the construction project 2) Question from the Board on the Council's opinion on building a new library in the proposed Town Center development and could a second library building be added for growth in addition to the present library facility — The Board was advised that the Council had not discussed what would be in the Town Center District. The proposed concept shows a full service library facility in the district and Council may be amenable to providing additional facilities if it is financially feasible The Board was advised that Council would ask for their input if a new facility were considered. 3) If a new library is built, would like to see space for a local history museum, perhaps run by volunteers from a historical society, included in the library plans —The Board was advised the Council would be amenable to seeing that plans reflected some type of museum. In addition to the museum, consideration needs to be given to some type of area for poetry, reading, book discussions, etc. It was felt that this was something that should be worked towards. 4) If the Town Center concept is adopted, would the Council vote to build a new City Hall in the development —The Mayor advised that there were no plans at this time to relocate the City Hall. The City Manager advised that they were looking at all alternatives. 5) What services does the Council find useful in using the Library, and what are seen as areas that need improvement. —The Mayor questioned the Board on their view of the Internet Policy. The Board advised that they felt the Library should be a place that is open and available without many restrictions They discussed that access to the Internet was within Staffs view and that they felt that the parents needed to take responsibility for their children in the library and their use of the Internet. The Board felt they were being proactive by providing Internet sites and that they actively provide good sources to utilize on the Internet. There was discussion regarding whether areas of the Internet should be restricted. The Board felt that if you began City Council Work Session Minutes December 15, 1998 Page 5 restricting keywords you would be restricting adults from areas of information that could be beneficial and informative, I a health/medical issues The Library Director discussed the provision of the Constitution that does not allow restrictions to be placed on adults if the materials are legal for adults to access He advised that if access is provided to adults then you are to provide all materials that adults can legally access There was general discussion by the Council of their concerns with the Internet The Library Director advised he felt they had a good policy and that they have not had any problems. If problems start to occur, the policy will be reviewed. 6) Y2K issues and how will they be communicated to NRH citizens —The Board was advised that the City's intent is to advise the citizens about Y2K concerns The City itself is doing a newsletter and will continue to do updates to keep the citizens informed. The City government is contacting its vendors to find out what they are doing to take care of city government problems. 7) Are sister cities in the planning for NRH and do we currently participate with any sister cities — The Mayor advised that Council's third goal addresses sister cities and the Council is moving in that direction. The City Council reviewed the Library goals and plan of service. In regards to Goal Number 2 addressing sufficient knowledge of technical staff, it was discussed that the Staff and City Manager will work on this objective and bring a recommendation to the Council Other items discussed relevant to the Library goals were. 1) the need to provide workshops, classes, etc to meet the needs of the community and to extend services to small business as well as to the residents, and to continue the support of TCJC for our senior citizens; and 2) to encourage additional improvements to the interior and exterior lighting of the library The Library Director advised that interior lighting improvements had been budgeted but exterior lighting needed to be addressed. Mayor Pro Tem Phifer questioned if there was an area that the City needed to look at to make the Library unique The Library Director advised that the Library is becoming known for its SCORE program and through this program they are sharing its expertise and collection resources with small businesses. Mayor Scoma adjourned the meeting at 8:32 p.m Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 — DECEMBER 21, 1998 —6:00 P.M. Present. Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman JoAnn Johnson Councilwoman Cheryl Cowen Lyman Councilwoman Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Rex McEntire Attorney Marty Wieder Economic Development Director Greg Dickens Public Works Director Terry Kinzie Information Services Director Christopher Baker Planner Larry Koonce Finance Director Donna Huerta Director of Communications Melani Fragge Human Resources Director Thomas Powell Support Services Director Steve Norwood Interim Planning Director James Saint Assistant to the City Manager Absent Matt Milano Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 600 p.m DISCUSS ITEMS Agenda Item No. 7, PZ 98-56 — Councilwoman FROM REGULAR Lyman was concerned about parking on the streets DECEMBER 21 and people not being able to get out of their AGENDA driveways because of the street parking. She questioned whether the Council should not determine the regulations for parking with the creation of the Town Center District. Councilwoman Lyman was advised that parking could be addressed during the zoning and site plan approval. Pre-Council Minutes December 21 1998 Page 2 ITEM 1 DISCUSSION ASSIGNMENT COUNCILMAN MILANO PRESENT AT 6:04 P.M. DISCUSS ITEMS FROM REGULAR DECEMBER 21 Councilwoman Johnson questioned what would AGENDA prevent someone who owned 80 acres in a different (Continued) section of the City from establishing a Town Center Councilwoman Johnson was advised that a Town Center could only be located within the established Town Center Zoning District. Councilwoman Johnson questioned whether the fling of conditions, covenants and restrictions at the Tarrant County Court House for all property within the Town Center District was equal to deed restrictions. Attorney McEntire advised that it was a deed restriction and that it was enforceable by the City Mr. McEntire advised the Council to add a provision to the Ordinance that the City is an obligee under the restrictions, which will give the City enforcement rights as well as the property owner. The Council I also felt that there needed to be guidelines set and City input into the organizations within the Town I Center that would be developing parking policies, approving plans, regulating landscaping, maintaining agreements, etc. Mr. McEntire advised this would be a policy consideration of the Council; that the Council was wanting to have the right to make the I city an obligee under the terms of the restrictions so it could go forward as a city to enforce it. The Mayor asked the City Attorney to revise the ordinance to include a provision that if a regulation is set by an organization within the Town Center that is contrary to existing ordinances or future ordinances, the City ordinances supercede regulations established by the Town Center. Councilwoman Johnson questioned who would be allowed to put up a tent in a right of way. She was advised that the ordinance addressed her concern in Section E4 where it refers to Article 6 of the existing Zoning Ordinance. The Zoning Ordinance allows for retailers in the city to have a tent one time a year for up to 30 days. Councilwoman Johnson advised she II was concerned with allowing stucco and clapboard because of the shifting ground conditions in the City It was felt that that there were a lot of styles of I buildings where flexibility of material other than brick was needed and that the intent was to use it as an accent or trim rather than a total building material. Pre-Council Minutes December 21, 1998 Page 3 ITEM DISCUSSION ASSIGNMENT Staff agreed that this was the intent. After further NAN discussion, the Mayor advised that they would continue their discussion at the regular Council Meeting Councilman Mitchell questioned some of the speed limits within the district being below 30 mph. Staff advised that the recommendation to lower the speed limits was because of the narrower streets TELECOMMUNI- Mr. Kinzie presented a brief history and background TERRY K.IRON R. CATIONS SYSTEM of the current telephone system. Mr. Kinzie REVIEW introduced Mr Harris Razak and Ms Sidony Stone, representatives from Siemens, and Ms. Judi Daniel, representative from Southwestern Bell Telephone. Mr. Razak discussed the City's existing system and its capabilities. He gave a brief snapshot of where the City is today with the existing phone system, and background information on the current situation with Southwestern Bell. Mr. Kinzie discussed the constraints and limitations of the current system and the benefits of a new system He reviewed a timeline for the replacement of the system. The Council discussed the cost of the new system, whether there would be monthly cost savings to the City and the life expectancy of a newer system. The Mayor felt that an independent analysis should be done to determine how well the City is using its current system and if it is being managed adequately. The Mayor felt Staff needed to bring back a proposal that would tell the Council what an analysis would provide Consensus of the Council was for Staff to move forward and begin the search for professional assistance to conduct a needs analysis OTHER None INFORMATIONAL ITEMS Pre-Counctl Minutes December 21 1998 Page 4 ITEM DISCUSSION ASSIGNMENT NO I ADJOURNMENT Mayor Scoma adjourned the meeting at 7.02 p m Charles Scoma — Mayor ATTEST Patricia Hutson — City Secretary • MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — DECEMBER 21, 1998 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order December 21, 1998 at 7 11 p.m. ROLL CALL Present: Charles Scoma Mayor Don Phifer Mayor Pro Tem Lyle E Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Absent: JoAnn Johnson Councilwoman Staff: Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Greg Dickens City Engineer Rex McEntire Attorney 2. INVOCATION Invocation given by Councilman Milano 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes December 21, 1998 Page 2 6. APPROVALOF CONSENT AGENDA ITEM(S) APPROVED A. APPROVAL OF TAX INCREMENT FINANCING AGREEMENT WITH TARRANT COUNTY COMMISSIONERS COURT — RESOLUTION NO. 98-76 B. APPROVAL OF TAX INCREMENT FINANCING AGREEMENT WITH TARRANT COUNTY HOSPITAL DISTRICT — RESOLUTION NO. 98-72 C. APPROVAL OF TAX INCREMENT FINANCING AGREEMENT WITH TARRANT COUNTY JUNIOR COLLEGE DISTRICT- RESOLUTION NO. 98-73 D. AMENDMENT AND RESTATEMENT OF SECTION 125 PRE-TAX INSURANCE PLAN — RESOLUTION NO. 98-70 E. AUTHORIZE PURCHASE OF VEHICLES THROUGH STATE OF TEXAS CONTRACT IN THE AMOUNT OF $61,376 F. RENEWAL OF PREFERRED PROVIDER NETWORK CONTRACT — RESOLUTION NO. 98-71 Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to approve the Consent Agenda. Motion to approve carried 6-0 7. PZ 98-56 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO ESTABLISH A TOWN CENTER ZONING DISTRICT— ORDINANCE NO. 2350 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward Mr Jerry Sylo of Richard Ferrara Architects spoke in favor of the request Mayor Scoma called for anyone wishing to speak in opposition to come forward There being no one else wishing to speak, Mayor Scoma closed the public hearing. City Council Minutes December21, 1998 Page 3 Councilwoman Lyman moved, seconded by Councilman Milano to approve PZ 98-56, Ordinance No 2350 with the addition to section H, of a subsection 9, that the conditions and covenants and restrictions must be approved by the City Attorney and must give the City, through its City Council, the right to enforce the restrictions covenants and conditions to the same extent as any property owner, except that the City shall not be a member of the association and its enforcement power shall not be limited by the vote of the association. Motion to approve carried 6-0. 8. PZ 98-57 PUBLIC HEARING TO CONSIDER AMENDING THE COMPREHENSIVE LAND USE PLAN FROM COMMERCIAL & RESIDENTIAL IN THE GENERAL AREA OF DAVIS BOULEVARD, MID-CITIES BOULEVARD, PRECINCT LINE ROAD AND GRAPEVINE HIGHWAY TO TOWN CENTER DEVELOPMENT — ORDINANCE NO. 2351 APPROVED Mayor Scoma asked Steve Norwood, Interim Planning and Inspections Director to give a brief explanation of PZ 98-57 Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. There being no one wishing to speak, Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Metts moved, seconded by Mayor Pro Tem Phifer to approve PZ 98- 57 Motion to approve carried 6-0. 9. PS 98-57 PUBLIC HEARING TO CONSIDER AMENDING THE MASTER THOROUGHFARE PLAN REGARDING SMITHFIELD ROAD EAST, AMUNDSON/NEWMAN DRIVE AND SIMMONS DRIVE GENERALLY LOCATED SOUTH OF MID-CITIES BOULEVARD, AND WEST OF GRAPEVINE HIGHWAY— ORDINANCE NO. 2353 APPROVED Mr. Steve Norwood gave a summarization of the proposed amendment to the Thoroughfare Plan. City Council Minutes December 21, 1998 Page 4 Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. There being no one wishing to speak. Mayor Scoma called for anyone wishing to speak in opposition to come forward There being no one wishing to speak, Mayor Scoma closed the public hearing. Mayor Pro Tern Phifer moved, seconded by Councilwoman Lyman to approve PS 98-57 with the inclusion of the new handout describing the width and depth of the Thoroughfare Plan Motion to approve carried 6-0 10. GN 98-150 APPROVAL OF TAX INCREMENT REINVESTMENT ZONE PROJECT PLAN APPROVED Marty Wieder, Director of Economic Development explained the Tax Increment Reinvestment Zone Project Plan proposal. Councilman Mitchell moved, seconded by Councilwoman Lyman to approve GN 98-150, accepting the recommendation of the TIRZ Board and approving the Tax Increment Reinvestment Zone Project Plan. Motion to approve carried 6-0 11. GN 98-151 APPOINTMENT TO PLACE 6 ON THE TEEN COURT ADVISORY BOARD APPROVED Councilman Milano moved, seconded by Councilwoman Lyman to approve GN 98-151, appointing Ms. Cherie Redenbaugh to Place 6 on the Teen Court Advisory Board, term expiring June 30, 2000. Motion to approve carried 6-0 12. GN 98-152 POLICY POSITION ON STATE TRANSPORTATION FUNDING RESOLUTION NO. 98-74 APPROVED City Council Minutes December 21, 1998 Page 5 Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer to approve GN 98-152 and Resolution No 98-74; recommending that the 761" Texas Legislature increase appropriations to the Texas Department of Transportation by fully funding the Department of Public Safety from a source other than State Highway Fund 006 and levying and collecting the State motor fuels tax at the terminal rack Motion to approve carried 6-0. 13. CITIZENS PRESENTATION None (B) INFORMATION AND REPORTS 1 ) Holiday Closings City facilities will be closed on the following days December 24 at 5:00pm December 25 all day December 26 all day - Park and Recreation/Library Building December 31 at 5:00pm January 1 all day 2.) Collection of Christmas trees will be at the Fire Department on Dick Fisher Drive from December 26 - January 9 The mulch will be available for pick up in January. 14. ADJOURNMENT Mayor Scoma adjourned the meeting at 8 35p.m. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 — JANUARY 11, 1999 — 5:50 P.M. Present. Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman JoAnn Johnson Councilwoman Cheryl Cowen Lyman Councilwoman Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Rex McEntire Attorney Marty Wieder Economic Development Director Greg Dickens Public Works Director Christopher Baker Planner Larry Koonce Finance Director Donna Huerta Director of Communications Steve Norwood Interim Planning Director Pam Burney Environmental Services Director Jim Browne Park and Recreation Director James Saint Assistant to the City Manager ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:52 p.m. • DISCUSS ITEMS Agenda Item 5g — PU 99-01 — Councilwoman NAN FROM REGULAR Johnson questioned how many trees would be JANUARY 11 planted Mr Browne advised that 338 trees would AGENDA be planted at locations throughout the city — Richfield Park, Walker's Creek Park, Norich Park, Green Valley Park, Bursey Road Senior Center, Richland Tennis Center, City Hall, Mid-Cities Boulevard, and Bedford-Euless Road. Pre-Council Minutes January 11, 1999 Page 2 ITEM DISCUSSION ASSIGNMENT IR 99-003 DISPLAY Mr. Norwood presented the displays of the samples STEVE N. OF VARIOUS of different building materials. Representatives of BUILDING the building products were also present to answer MATERIALS FOR I questions from the Council. The Council discussed TOWN CENTER the products and which ones would meet the City's DISTRICT definition of masonry. Some of the products presented would not be allowed under the city's ordinance. The Council felt that some of the products being displayed should be reconsidered and possibly included in the masonry definition if their durability and appearance meets city standards The Council discussed referring this back to the Planning and Zoning Commission for further study and recommendations based on the products and information presented to the Council. IR 99-002 Mr. Weder highlighted the draft agreement being MARTY/MIKE C. DISCUSSION OF forwarded to the Council from NCTCOG to fund the DRAFT operating costs of the future Trinity Railway Express. AGREEMENT TO Council was advised that in the event an area city PARTICIPATE IN decided not to participate in the funding making it FUNDING OF necessary to redistribute the funding among the TRINITY RAILWAY participating cities, North Richland Hills would know EXPRESS its actual cost before signing the agreement. The OPERATION Council was also advised that the City would have representation on the Committee. The City Manager advised that the Directors of IR 99-005 - B.I.S D. Economic Development, NRH20, Parks and SCOREBOARD Recreation and Iron Horse met with the PROPOSAL Communications Director and Deputy City Manager to review BISD'S proposal. The funding for the scoreboard will be provided from the advertising budgets of the above and funding will be from revenues with the exception of Economic Development which will be funded by hotel/motel tax revenues. The City Manager highlighted the items in the proposal. Mr. Shiflet discussed the subleasing option and staffs recommendation that any agreement pre-establish guidelines for subleasing allowing the city to sublease based on the guidelines rather than requiring BISD approval of any agreement. The Council discussed the pros and cons of the City participating in this venture with BISD. After discussion, Council Members Lyman, Phifer, and Metts were against participation and Pre-Council Minutes January 11 1999 Page 3 ITEM DISCUSSION ASSIGNMENT Council Members Milano, Johnson, Mitchell and Welch were in favor of participating. The consensus was for Staff to proceed with the drafting of an agreement for Council consideration and to include in the agreement the ability to sublease, to pre- establish guidelines for subleasing allowing the City to sublease based on the guidelines and electronic messages could also be additional ads. OTHER None INFORMATIONAL ITEMS ADJOURNMENT Mayor Scoma adjourned the meeting at 6:50 p.m. to the regular Council meeting. Charles Scoma — Mayor ATTEST. Patricia Hutson — City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 —JANUARY 11, 1999 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order January 11, 1999 at 7.04 p.m. ROLL CALL Present: Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr Councilman JoAnn Johnson Councilwoman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Staff Larry Cunningham City Manager Randy Shiflet Deputy City Manager Ron Ragland Assistant City Manager Patricia Hutson City Secretary Greg Dickens City Engineer Rex McEntire Attorney 2. INVOCATION Councilwoman Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 5. APPROVAL OF CONSENT AGENDA ITEMS APPROVED City Council Minutes January 11, 1999 Page 2 A. MINUTES OF THE CITY COUNCIL WORK SESSION OCTOBER 13, 1998 B. MINUTES OF THE CITY COUNCIL WORK SESSION OCTOBER 20, 1998 C. MINUTES OF THE CITY COUNCIL WORK SESSION NOVEMBER 17, 1998 D. MINUTES OF THE PRE-COUNCIL MEETING DECEMBER 14, 1998 E. MINUTES OF THE CITY COUNCIL MEETING DECEMBER 14, 1998 F. GN 99-06 CONSIDER EXTENSION OF MORATORIUM ON PERMITS FOR ELECTRONIC MESSAGE BOARD SIGNS - ORDINANCE NO. 2349 G. PU 99-01 AWARD BID FOR TREE PLANTING AT VARIOUS PARKS TO LONE OAK LANDSCAPE IN THE AMOUNT OF $39,255 — RESOLUTION NO. 99-01 H. PU 99-02 AWARD BID FOR ANNUAL UNIFORM CLEANING CONTRACT TO DOVE CLEANERS - RESOLUTION NO. 99-02 I. PU 99-03 RENEW LEASE AGREEMENT WITH NORTH HILLS MALL FOR CRITTER CONNECTION — RESOLUTION NO. 99-03 Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to approve the Consent Agenda. Motion carried 7-0 6. GN 99-03 - MAINTENANCE FEES FOR ATHLETIC FIELD MAINTENANCE AT WALKER'S CREEK PARK AND FOSSIL CREEK PARK - PRESENTED BY PARK AND RECREATION BOARD APPROVED Mr. Rick Work, Park and Recreation Board Member, gave a synopsis of the recommendation of the Park and Recreation Board and answered questions from the Council Councilman Metts moved, seconded by Councilwoman Lyman, to approve GN 99-03. approving the recommended maintenance fees for Girl's Softball and Little Miss Kickball at Walker's Creek Park and Fossil Creek Park as recommended by the Park and Recreation Board City Council Minutes January 11, 1999 Page 3 Motion carried 6-1, Mayor Pro Tern Phifer, Councilwomen Johnson and Lyman, Councilmen Welch, Metts and Milano voting for and Councilman Mitchell voting against 7. PZ 98-40 - PUBLIC HEARING TO CONSIDER THE REQUEST OF BILL GIETEMA OF ARCADIA REALTY GROUP FOR A CHANGE OF ZONING FROM 11 INDUSTRIAL, C1-COMMERCIAL, 12-INDUSTRIAL 8 R7-MULTI-FAMILY TO TOWN CENTER DISTRICT ON APPROXIMATELY 280 ACRES IN THE C. WALKER SURVEYS, A-1652 8 1653, T.K. MARTIN, SURVEY, A-1055 AND THE J. BARLOUGH SURVEY, A-130 — ORDINANCE NO. 2360 APPROVED Mr Steve Norwood, Interim Planning Director, gave a synopsis of the nature of the request. Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in favor to come forward Mr Bill Gietema, Arcadia Realty, appeared before the Council in favor of the request and answered questions from the Council In response to Council questions, Mr. Gietema advised that on Exhibit B, Town Center Parking Count, "I" is parking at the Water Park and "k" is parking at T.C.J.C. These are part of the general inventory of parking in the area to be used for special events. He advised that they hope to break ground in June and the first buildings would be ready for certificate of occupancy around June 2000. The Blue Line Ice Skating Complex will have their facility open in July 1999. Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak, Mayor Scoma closed the Public Hearing Councilwoman Lyman moved, seconded by Councilwoman Johnson, to approve PZ 98- 40 and Ordinance No. 2360. Motion carried 7-0. City Council Minutes January 11, 1999 Page 4 8. PZ 98-51 - PUBLIC HEARING TO CONSIDER AMENDING THE MASONRY BUILDING REQUIREMENT — ORDINANCE NO. 2355 REFERRED TO PLANNING & ZONING COMMISSION Mr. Steve Norwood, Interim Planning Director, presented background information on the request. Mayor Scoma opened the Public Hearing and called for anyone wishing to speak for or against the request to come forward There being no one wishing to speak, Mayor Scoma closed the Public Hearing Councilman Milano moved to approve PZ 98-51. Motion died for lack of a second. Councilwoman Johnson moved to send PZ 98-51 back to the Planning and Zoning Commission for further study and to consider alternative materials, i.e., real stucco and other materials viewed by the Council in the Pre-Council Meeting Councilman Metts seconded the motion Staff to convey to the Planning and Zoning Commission the desires of the Council and that they are to consider durability as well as appearance. Motion carried 7-0. 9. PZ 98-52 - PUBLIC HEARING TO CONSIDER AMENDING THE FRONT YARD FENCE REGULATIONS — ORDINANCE NO. 2356 APPROVED Mr. Steve Norwood, Interim Planning Director, presented the background to the request. Mayor Scoma opened the Public Hearing and called for anyone wishing to speak for or against to come forward There being no one wishing to speak, Mayor Scoma closed the Public Hearing City Council Minutes January 11, 1999 Page 5 Councilwoman Lyman moved, seconded by Councilman Mitchell, to approve PZ 98-52 and Ordinance No 2356 Motion carried 7-0 10. PZ 98-54 - PUBLIC HEARING TO CONSIDER AMENDING THE TABLE OF PERMITTED USES REGARDING ASSISTED LIVING FACILITIES — ORDINANCE NO. 2357 APPROVED Mr Steve Norwood, Interim Planning Director, presented the proposed amendment to the table of permitted uses regarding assisted living facilities Mayor Scoma opened the Public Hearing and called for anyone wishing to speak for or against the request to come forward. Councilman Metts left the meeting at 7:42 p.m. There being no one wishing to speak, Mayor Scoma closed the Public Hearing Mayor Pro Tern Phifer moved, seconded by Councilwoman Johnson, to approve PZ 98- 54 and Ordinance No 2357 Motion carried 6-0, Councilman Metts not present 11. PZ 98-58 - PUBLIC HEARING TO CONSIDER THE REQUEST OF KEN TAYLOR/NWA SOUTHWEST WRESTLING FOR A SPECIAL USE PERMIT TO ALLOW AN INDOOR WRESTLING ARENA ON LOT 3, BLOCK 1, RICHLAND TERRACE ADDITION (LOCATED AT 7601 GRAPEVINE HIGHWAY) — ORDINANCE NO. 2352 APPROVED Mr Steve Norwood, Interim Planning Director, presented the background to the request Councilman Metts present at 7:47 p.m. Councilwoman Johnson questioned whether landscaping requirements could be imposed on the property City Counctl Minutes January 11, 1999 Page 6 Staff advised that Mr Taylor was not the owner of the building Mr Taylor was subleasing the portion of the building where the former Eclipse Club was located Staff further advised that the property owner would be replacing the trees and bushes in the Spring Mayor Scoma stated that at some future time the area of security needed to be addressed in the Amusement Ordinance Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in favor to come forward Mr. Ken Taylor, NWA Southwest Wrestling, appeared in favor of the zoning request for a special use permit and answered questions from the Council. Councilman Metts asked Mr. Taylor if he would object to the inclusion of stipulations addressing security. Mr. Taylor advised he had no objections. Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak, Mayor Scoma closed the Public Hearing. Councilman Metts moved, seconded by Mayor Pro Tern Phifer, to approve PZ 98-58 and Ordinance No. 2352 with the stipulation of the City Attorneys recommendation requiring the applicant to furnish the Building Department a security plan, with which it agrees to comply, for approval by the Building Department. Motion carried 7-0. 12. PS 98-58 - CONSIDERATION OF AMENDING THE SUBDIVISION REGULATIONS REGARDING THE NAMING OF LOTS AND BLOCKS — ORDINANCE NO. 2354 DENIED Mr. Steve Norwood, Interim Planning Director, presented the proposed Ordinance Councilwoman Lyman moved, seconded by Mayor Pro Tern Phifer, to deny Ordinance No 2354 Motion to deny carried 5-2; Mayor Pro Tem Phifer, Councilwomen Johnson and Lyman, Councilmen Milano and Metts voting for and Councilmen Welch and Mitchell voting against denial City Council Minutes January 11, 1999 Page 7 13. GN 99-04 POLICY POSITION ON STATE TRANSPORTATION FUNDING AND SAFETY — RESOLUTION NO. 99-04 APPROVED Mr Marty Wieder, Economic Development Director, briefed the Council on the background of the request. Mayor Pro Tern Phifer moved, seconded by Councilwoman Lyman, to approve Resolution No 99-04, recommending that the 76' Texas Legislature increase appropriations to the Texas Department of Transportation and improve safety by raising vehicle registration fees and expanding 2060 permit fees and penalties to reduce passenger vehicle subsidy of oversize/overweight vehicles. Councilman Welch spoke on the impact the legislation would have on the trucking industry and the economy. Motion carried 7-0 14. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Mr Greg Dickens, Public Works Director, gave an update on the Davis Boulevard paving project. Mayor Scoma announced that the Land Use Ad Hoc Committee would be presenting on January 12 their report to the City Council on their recommendations for signage and landscaping. City Council Minutes January 11, 1999 Page 8 15. ADJOURNMENT Mayor Scoma adjourned the meeting at 8 24 p m Charles Scoma - Mayor ATTEST. Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS - Department Legal Council Meeting Date 1/25/99 Subject Offer on Tract 17 of Abstract 1606, W W Wallace Survey, Agenda Number GN 99-03 Resolution No 99-05 This tract is a small lot(7,707 square feet) at the intersection of Davis Boulevard and Emerald Hills Way The tract is owned by Birdville Independent School District as a result of ad valorem tax foreclosure BISD has received an offer of$500 00 for the tract from Rile and Jeannie Marbarry Since the offer is less than the taxes due, the bid must be accepted by the County, BISD and this City Resolution No 99-05 rejects the bid on behalf of the City. Recommendation. Pass Resolution No. 99-05, rejecting the Marbarry bid Finance Review Source of Funds Acct Number Bonds (GO/Rev ) / Sufficient Funds Available Operating Bud. G\/ Fina�u Dnna Other —/ �F , /ate De artment Head Signature . / Mr anager CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO 99-05 WHEREAS, the Birdville Independent School District has received a bid from Rile and Jeannie Marbarry for a tract of land described as Tract 17 of Abstract 1606, W W Wallace Survey, North Richland Hills, Tarrant County, Texas which is in the amount of $500 00; and WHEREAS, the City Council finds that the bid should be rejected NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The bid of Rile and Jeannie Marbarry in the amount of $500 00, for the purchase of Tract 17 of Abstract 1606, W.W Wallace Survey, North Richland Hills, Tarrant County, Texas be, and is hereby, rejected by the City of North Richland Hills PASSED AND APPROVED this 25th day of January, 1998 APPROVED Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney CITY OF NORTH RICHLAND HILLS Parks and Recreation Department Department Council Meeting Date: 1 /25/99 Subject: Award of Bid for Construction of Phase I of the 100 Acre City Park Agenda Number PU 99-01 Included in the 1998/99 Parks and Recreation Facility Development Capital Improvement Program is funding for development of Phase I of the 100-Acre City Park Site. The total project is being completed in two phases. This first phase includes construction of the baseball fields, restroom/concession building, pavilion, playground, multi-use trail, and associated parking, landscaping and irrigation Formal bids were solicited for construction of Phase I. Seven bids were received as follows: Dean Construction $2,520,000 Inform Construction $2,582,882 Pittman Construction $2,980,000 RBI, Inc. $2,983,687 AUI $3,019,000 North Texas Contracting $3,065,000 Big Sky Construction $3,790,000 The $2,524,960 in available funding within the currently approved CIP includes a $500,000 TPWD grant. The low bid, submitted by Dean Construction, in the amount of $2,520,000, is within the available funding Dean Construction was the contractor for Green Valley Community Park and Soccer Complex, and has an excellent reputation for park construction work in the Metroplex. Recommendation: To award the contract for the construction of Phase I of the 100 Acre City Park Site to the low bidder, Dean Construction, in the amount of$2,520,000. Finance Review Source of Funds. Acct. Number 125-0000-604.79-00 Bonds (GO/Rev ) _ Sufficient Funds Available Operating Budget Other Off no.,a Dnno, . irSAdak _FL) Department Head Signature V Ci nager CITY COUNCIL ACTION ITEM Paget of CITY OF NORTH RICHLAND HILLS Department: Public Works Department Council Meeting Date. 1/25/99 PW 99-01 Subject Award of Bid for the Mackey Creek Diversion Channel Agenda Number Improvements to PKG Contracting, Inc in the Amount of $1,260,922 00 This is the Richland Business Centers tax increment financing (TIF) distnct's'capital improvements program project It will consist of constructing an earthen channel with concrete box culverts at street crossings to divert the majority of the Mackey Creek flow The construction will start just upstream of the Richland Plaza Shopping Center and take the flow in a westerly direction across Richland Plaza Drive and the BISD property to Big Fossil Creek Bids were received on January 7, 1999 from eight contractors The three lowest bidders are shown below Bid Time Bidder Amount Bid (_Calendar Days) PKG Contracting, Inc $1,260,922.00 210 Humphrey & Morton $1,360,085.69 360 Jeske Construction Co. $1,483,182 40 _ 300 A preliminary schedule for this project is shown below Award of Bid January 25, 1999 Preconstruction Conference February 4, 1999 Begin Construction February 15, 1999 End Construction September 15, 1999 This project is partially funded by the Mackey Creek, Phase I CIP project funds and partially by the TIF The construction budget for this project is $1,250,000. Sufficient funds are available in the Unspecified Street Fund Balance to provide the additional $11,000 needed Recommendation To award the bid for the Mackey Creek Diversion Channel Improvements to PKG Contracting, Inc in the amount of $1,260,922 for a period of 210 calendar days Finance Review Source of Funds Account Number 13-53-15-6000 Bonds (GO/Rev.) _ Sufficient Funds Avaiiaoie Operating Budget Othgr 0-71,14/1 tii Finance Duector x / / a� . i .e.:rime 'lead Signature , rity Managercture Page 1 of _ RECE''AEL nn ; 4 99S January. 13. 1999 Gregory W Dickens. P E Director. Public Works Department City of North Richland Hills P 0 Box 820609 North Richland Hills. Texas 76182-0609 Re- Drainage Improvements Mackey Creek Diversion Channel Dear Mr. Dickens Enclosed is the Bid Tabulation for the referenced project The following is a summary of the three low bidders with the calendar days to complete the project. CONTRACTOR BID AMOUNT CALENDAR DAYS PKG Contracting. Inc. $1.260,922 00 210 Humphrey & Morton $1,360,085.69 360 Teske Construction Co. $1,483,182.40 300 Di Sciullo & Terry. Inc. has no reason for the City of North Richland Hills not to award contract for the construction of the referenced project to PKG Contracting, Inc. (PKG) consistent with their bid which was opened at the public meeting on January 7, 1999. This recommendation is based on the follow mg information. • PKG had the lowest bid and the fastest time to complete the project • Tom Bancroft of the Fort Worth District US Army Corps of Engineers stated in a telephone conversation that PKG had satisfactorily performed the work on the Dry Branch Channel Improvement project in Grand Prairie • Sam Nauman of Freese & Nichols Engineers stated in a telephone conversation that PKG has generally done good work and cooperated with the City. and Engineer on the Peach Street \k astewater Treatment Plant Expansion project in Grape'me P M\CAkYC R CORRESP Bid-I r dm Gregor Vs Dickens. P E January 13, 1999 Page Please call me if you ha'e any questions Sincerely, DI SC�ILLO & TERRY. INC `ell ell- — L. ...S �s. P.E. Senior Engineer Enclosure Bid Tabulation cc Harry NI Lothridge. PKG Contracting, Inc. P.MAC 6F1 CR'CORRLSPBId-Itr doc MACKEY CREEK DIVERSION CHANNEL DRAINAGE IMPROVEMENTS SUMMARY OF BIDS January 7, 1999 Bid Time Bidder Amount Bid (Calendar Days) PKG Contracting $1,260,922 00 210 Humphrey & Morton $1,360,085 69 360 Jeske Construction $1,483,182.40 300 Coppell Construction $1,556,196 00 365 M-CO Construction Co $1,605,230 50 365 Orval Hall $1,620,471 40 365 Earth Builders $1,629,136.00 300 Linder-Stahl $1,743,422 50 540 CITY OF NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date 1/25/99 Subject Award of Bid to Walt Williams Construction, Inc. in the Agenda Number PW 99-02 Amount of $680,982 26 for Blaney Avenue Paving Improvements This CIP project will consist of reconstructing Blaney Avenue with a new concrete street and sidewalks on both sides of the street. The project will begin at Holiday Lane and end at Grapevine Highway (SH 26) Bids were received on January 14, 1999 Six bids were received. The three lowest bids are shown below. Bid Time Bidder Amount Bid (Calendar Days) Walt Williams Construction, Inc $680,982.26 225 J L Bertram Construction, Inc. $730,361.47 220 McClendon Construction Co., Inc. $731,669 37 220 An estimated schedule of construction based on the low bidder, Walt Williams Construction, Inc is shown below- Award of Bid January 25, 1999 Preconstruction Conference March 19, 1999 Begin Construction April 5, 1999 End Construction November 16, 1999 The construction budget of $743,000 was approved in the 1998-99 Capital Projects Budget for this project. Recommendation: To award the bid to Walt Williams Construction, Inc. in the amount of $680,982 26 for a construction period of 225 days Finance Review Source of Funds Account Number 20-03-02-6000 Bonds (GO/Rev) S ent Funds AvauaDe Operating Budget / < _ Other V / �^ 'nonce Director i • S • . _A /- V1W II I v1t At=nt Head Su nature Jty Manager Sarre Page 1 of _ IIKNOWLTON-ENGLISH-FLOWERS, INC. t „\SLLTIN(, [Vt,:\i[Rs r,,,t \\,iril,-Daa.i. January 14, 1999 Mr Gregory W. Dickens, P E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-394, CITY OF NORTH RICHLAND HILLS BLANEY AVENUE, PAVING AND DRAINAGE IMPROVEMENTS TABULATION OF BIDS AND RECOMMENDATION OF AWARD Bids were received today, from six (6) contractors for the referenced project, and a summary of the proposals is attached A detailed bid tabulation showing all the items of construction and unit prices bid is also attached. The base bid project (Alternate "A") includes 6-inch thick reinforced concrete pavement construction on Blaney Avenue from Grapevine Highway (S.H. 26) to Holiday Lane. Lime stabilized subgrade 8-inches thick is included along with 4-foot wide concrete sidewalks on both sides of the street. The total width of the street is 41-foot back-to- back of curbs Double dips will be removed at the Intersections to provide a smoother ride. The low bid for each alternate was submitted by Walt Williams Construction Company in the total amount of$680,982.26, which includes $637,842.26 for paving and drainage, and $43,140 00 for utility adjustments. The current budget for paving and drainage is $638,000, and for utility adjustments is $105,000. therefore the base bid is within the existing budgeted amounts The low bidder, Walt Williams Construction, Inc., has constructed several other similar projects in the North Richland Hills area and has performed well on all of these projects Therefore, we would recommend award of the Alternate "A" Bid on this project to Walt Williams Construction, Inc., P.O. Box 4620, Fort Worth,Texas 76164, in the total amount of$680,982.26, for a period of 225 Calendar Days, and to begin construction no later than April 5, 1999. We will be available at the January 25, 1999, Council meeting to assist you with answers to any questions which tthe/Council�maayt have concerning this project oettait)6( RICHARD W. ALBIN, P E,IVice-President RWA/ra/Bids.doc 1901 CENTRAL DR SUITE 550•BEDFORD,TEXAS 76021-5826•817/283-6211 •METRO 817/267-3367•FAX 817/354-4389 BLANEY AVENUE PAVING IMPROVEMENTS SUMMARY OF BIDS January 14, 1999 Bid Time Bidder Amount Bid (Calendar Days) Walt Williams $680,982.26 225 J L. Bertram $730,361.47 220 McClendon $731,669 37 220 McMahon $736,969 16 180 Ed Wilson $760,517.55 240 JRJ Paving $881,756 39 365 02 Jul et 18.06 IS W•dnod•v GIS No-0001 AML.rip pp PLOT:bbn.l• NI —o.a.xo-L.— .... o.xo.vrLx _ — z _ __SH.px._OR _elf J _ _ ___nxxCLL=..■_ et 2 RI VIER._0•-__ - _ _ . rivet o_top_ — Blaney Ave. Street Improvements m = ___ ---ZCo ROsR_.VE < OCVLLL2-0X __ _ __ —oE vILLEUOR _ _ - _ Wlc.-OR - — _ R�t<.. N o. v. - - _TURNER r(' __-_ _—._ _ pucR W E )< `,1 . _ —CVXYIXCS OR =z:— S-- 1 ca* St NORTH - RICHLAND 2. -_ °N HILLS I __ GlENvICW 0R— - cuxvIL. OR Project location / _. _— _ )SS Sr e�Y_S j Y S l•lir �' Blaney Ave . I A�� a t. Street arsie.�r it Improvements n ._ a 0 i"1_ o•p•rtmcm el Inform'tIon Services"G•op mink Information Sy.trme IG ISI 33 CITY OF NORTH RICHLAND HILLS Department. Public Works Department Council Meeting Date 1/25/99 Subject. Vacate the Dedication of a Portion of the Existing Agenda Number PW 99-03 Right-of-Way Located at the Intersection of Cardinal Lane and Simmons Drive — Ordinance No 2364 E-System Trustees, Inc is the owner of the property located at the southwest corner of Cardinal Lane and Simmons Drive This property is the proposed site for the Blue Line Ice Skating Complex (Lots 1 and 2, Block 1, Town Center Addition) The final plat will be presented at the January 25, 1999 Council Meeting for approval The property owner is requesting that a portion of the street right-of-way be vacated by the City at the intersection of Cardinal Lane and Simmons Drive (Exhibit "A") Currently there is more street right-of-way at this intersection than is required by the City's Master Thoroughfare Plan. If the City vacates the right-of-way, the intersection will be in compliance with the Master Thoroughfare Plan. Exhibit "B" is copied from the final plat and will show the complete intersection after the right-of-way is vacated. City utilities are not located within or planned for this portion of right-of-way. Staff has requested, but has not received, written confirmation from the other utility companies indicating whether they have utilities existing within the right-of-way The developer is on a "fast track" schedule and would prefer dedicating a utility easement within the limits of the vacated right-of-way for any existing utilities. If existing utilities are discovered within the right-of-way the developer has agreed to relocate any in conflict with the development If the developer desires not to relocate them, the City and the utility companies will have an easement available This easement will be shown on the final plat for Blue Line Ice A Survey has been prepared Recommendation That Ordinance No 2364 be approved. Finance Review Source of Funds. Account Number Bonds (GO/Rev) Sufficient Funds AvaiiaDle Operating Budget Other Finance Director / !!�� • ���� endLi • �� emnl •e ead Signature A anager Signs Page 1 of ORDINANCE NO 2364 WHEREAS, the tract described in Exhibit"A" is located within the public street right- of-way at the intersection of Cardinal Lane and Simmons Drive, and WHEREAS, the streets at said intersection have been reconfigured and the said property described in said Exhibit"A" is no longer in use as street right-of-way and there are no plans to use said tract for street right-of-way; and WHEREAS, the Council finds that the 0 1133 acre tract described in Exhibit "A" is not needed for street right-of-way and its dedication should be vacated NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that 1 Exhibit "A", attached hereto, is incorporated herein by reference and made a part hereof the same as if set out herein verbatim 2 The dedication, for street right-of-way purposes, of the 0.1133 acre tract described in Exhibit "A" be and is hereby vacated in favor of TRUSTEES for E-SYSTEMS, INC POOL TRUST. 3 The City retains a utility easement over, under and through the said 0 1133 acre tract described in Exhibit "A" PASSED and APPROVED this day of , 1999 APPROVED. Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, Attorney for the City APPROVED AS TO CONTENT .�J •%id/ i 1 Grego . R7[a.7 ns, Public Works Director , _ CARDINAL•LANE - vt •� (A VARIABLE R'IDTM RIGHT-(F-7LIY) A • oral' S. - - s .. .• .• R • 171.61' �p L • 22.04' V LC • S 0 1Y 10' E 1T ' 22-O.1' (IONIC SoR1 ?" _ 1.2“ Sig _ N 69'4/'47'W /44.57' : D.F. • c - �. O.S. �— .0ri o • tt. - m. _ A • 60.40' 03' VI R • 179. 61. 1/ o • L - 190. 18' LC • S 52'21'41' E a 181.42' Iii 8 - h 2 w T@ICT To Iv. ti . /// TRUSTEES. E-S•STExS. INC.. NEL iRtST (3 1RILVIE 9870. PAGE 461. D.R.T.D.T. a - O -4 Q It a O y� N. R j • CARDINAL INIE AND SIMMONS DRIVE RIGHT-OF-WAY IPTI T ALL that certain tract er parcel of land situated In the L. C. WALKER SURVEY, ABSTRACT No. 1652. Tan-ant County. Texas and being a portion , of Cardinal .La and described Simons Drive and bounds asiaf nd being sore as follows: 1/2 inch steal rod the tract describedo'indthe�desd to Trustees,rE- .- '"- Systems, Ire.. Pool Trust as recorded in Velum 78'10, Page 161. Deed Records. Tarrant County, Texas, said point piing In The mcuterly - �` rlg64-of-mey Iln• of Cardinal Lane (a variable width right-el-my l ft.. and being the-beginning of • curve to the r1(041:-.THEDLE ecutheasteriw - .4th said curve to the right 'having •a radius of 179.61 feet. • 1••(' central angle of 07 degrees 01 minute. 51 seconds, an arc length of 22.01 feat and • long chard of South 86 degrees 12 mites 40 amends .•• nu ,East at 22.03 feet to the POINT OF BEGINNING OF THE HWEIN DESCRIBED - • t „ TRACT: . _ . .. ..119 , THEME southeasterly w easterly continui math said curve to Ms right having • radius at 175.61 feet. a cenir.L angle of 60 degrees 10 minutes 03 secotds, an erc.ltngth of 190.18 feet and a long chord of South 52 3.1 degrees 31 wiatu 41 seconds East at 181.12 feet to • 14 filch capped steel rod stamped '7QAK SIRV INC' set in the hasterly right ff of-my line of Simons Drive (• variable (width right-of wyl: , S. TIIETCE North 00 degrees .28 •imes t 14 seconds Nest. 110.03 feet to • • l4♦t•.- L2 Irclh eepped etel rw etawped "MOM SLgV 11C' eat: • THENCE North 89 degrees 11 Mnutes 17 seconds Met, 114.57 feet to - 7,1 the place ,of'- beginning and containing 0.1133 acre of lard. sore or less. I' • 40' \ SCALE r/ Exhibit "A" LEGEND DAVID' C.--AROAK a -dinance No 2364) • FOUND STEEL ROD Surveyors, Inc. a O SET CAPPED STEEL ROD -RED IETERED PROFESS I OVAL N ♦ CROSS CUT IN CONCRETE t.S SURVEYORS " _ i ¢ FOUND STEEL PIPE p.0; 9W( 1181, INRST. TEXAS TS061 O FOUND EOI T (/*MC E STAKE IN IE110(EI7JtWtt11•FAE (SIT)02-0101. 4 —N-- AMER E OR TELEPHONE LINE - 4 -Ir- CENTERLINE E FENCE - _ _, DATE. I-IE-fRAE (: �N 9a-333 l's • . d • Exhibit "B" i } NAD 83 - TEXAS COORDINATE SlSTt$ N - 6.994.10124 US FEET r 77.2 .x•1111 FOUND E - 2.3]4.54584 U$ FEET t/2' STEEL ROD f0LN0 • d = 07'01'54" - 1• CARb AL Lek R = 175.61' ° i L = 22.04'1 ' 0" E ,w�066T mrtw4C -- .-- s LC = S 8624 2203 I �{Tj /_ o .. S 89'41 '47"E 144 t 39'911 43 `I 34\ _ �' ' -1 1/2 9KN SIEE4 ROD FOUND \ ��l\�'/,� 0 RE 771-Then f>y C,r ` \ i0 \, As Oncdr/ E,AsCmrar ' • o iy J 0 \� U, k S. \'r h0 M1 S 44'31'4SE LQp 41' `4 15.00'). "Ikx.\ \ V "(et' vv 17.- (2) 1.2!I 13.70" 44 .--_ 2.0192INETL W ACRES •— 87,955 SQ. FT. I aaap« h • A Ia IS' DRA/A'lCl d5!✓1 $ 3A0' 1'bT I N j a(i)al Z . V A r Al ri 4/ g $ (- -I R 1 �� '/ 24D1211i 3 ■ CITY OF NORTH RICHLAND HILLS Department' Planning & Inspections Council Meeting Date: 1125/99 Subject: Public Hearing to Consider Amending the Zoning Ordinance Agenda Number: PZ 98-59 To Establish Regulations for Site Plan Approval of all Commercial Projects that are Located within 200 Feet of Residentially Zoned Property that is indicated to be Residential on the Approved Comprehensive Land Use Plan. Ordinance No. 2362 The City of NRH is and will continue to experience aggressive growth and redevelopment in all portions of the City. The land available for commercial development is increasingly coming into closer contact with exisiting and future residential areas. The site plan review proposed is an effort to mitigate negative impacts of commercial development that is not compatible with residential development. At the December 17, 1998 Planning and Zoning Commission meeting a discussion item was on the agenda regarding the establishment of regulations to require site plan approval for all commercial projects within 200' of residentially zoned property. At that meeting, the Commission directed staff to proceed with the creation of site plan approval regulations. The attached ordinance modifies the Zoning Ordinance to require site plan approval for all new commercial projects in all commercial zoning districts. This includes 01-Office, LR-Local Retail, C1- Commercial, C2-Commercial, OC-Outdoor Commercial, 11-Light Industrial and 12-Medium Industrial. The site plan approval requirements will be triggered when a new commercial facility or renovation that exceeds more than 75% of the assessed value of the property takes place within 200' of existing residentially zoned property and future residential property as indicated by the Comprehensive Land Use Plan for the City of NRH. Site Plan approval will also be required when square footage of a building is increased by 30% or more. The site plan submittal requirements are not being altered at all by these proposed regulations. The current requirements are attached as Exhibit A to this cover sheet for your information. The site plan review and approval will not require a Public Hearing. As proposed there is no notification requirement to adjoining property owners. The site plan, however, must gain approval of the Planning and Zoning Commission and the City Council. Finance Review Source of Funds Acct. Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget , Other / • • 7 • nnmoefrx.,v It► ./�� „IS�. - //Lrl{s / au.uritAJ •epartment ead Signature V / c' y,nager CITY COUNCIL ACTION rTm Page 1 of It is also important to realize that the creation of this site plan requirement will create some additional workload for planning staff. If the Council approves this Ordinance all commercial projects that • trigger the review must be reviewed by the Planning and Zoning Office and gain approval of the Planning and Zoning Commission and the City Council. It is anticipated that this may increase the time frame for commercial development to occur in the City of NRH. Realistically, it is reasonable to expect up to an additional 40 to 50 days for a commercial project. Notice has been given in accordance with state law and no comments have been received. RECOMMENDATION: The Planning & Zoning Commission considered this item at its January 14, 1999 meeting and recommended unanimous approval. To approve PZ 98-59 and Ordinance No. 2362. CITY OF NORTH RICHLAND HILLS 8. PZ 98-59 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE TO ESTABLISH REGULATIONS FOR SITE PLAN APPROVAL OF ALL COMMERCIAL PROJECTS THAT ARE LOCATED WITHIN 200 FEET OF RESIDENTIALLY ZONED PROPERTY OR PROPERTY THAT IS INDICATED TO BE RESIDENTIAL ON THE APPROVED COMPREHENSIVE LAND USE PLAN. ORDINANCE NO. 2362 Mr. Norwood explained that this issue would establish site plan approval for all commercial projects within 200' of residentially zoned property. Commercial projects would include 01-Office, LR-Local Retail, C1 and C2-Commercial, OC- Outdoor Commercial and the Industrial zoning classifications. This ordinance amendment was generated by screening and buffer issues where residentially zoned properties are concerned. Staff does recommended approval of Ordinance No. 2362. Chairman Davis opened the public hearing and asked for proponents. Seeing none, he called for any opponents. Mr. Doug Long, stated that he is not necessarily opposed, but had some questions for clarification. He said if you have a 15 acre tract of land and it abuts residential on one side, will the entire 15 acres have to have a site plan submitted or just the area within 200 feet of the residential property. He stated he understands the concern of what is actually abutting residential property, but with large tracts of land, it could be detrimental for the developer. Chairman Davis stated that his interpretation is that at the time of building permit approval, anything within 200 feet of residential would trigger site plan approval so if 3 lots were zoned commercial, only the lot abutting the residential property would have to be site planned. Seeing no additional opponents, the public hearing was closed. Much discussion ensued between the Commissioners on the wording of the ordinance as well as the intent of the ordinance. Mr. Blue stated that he believes the ordinance is to protect the tranquility of existing residential neighborhoods. Mr Laubacher believes this is reasonable, minimal protection for residents. Page 11 1/15/99 P 8 Z Minutes Mr. Barfield believes it will help with existing buildings in the redevelopment areas of the city. The ordinance will give the City the chance to implement some of the newer standards in the older areas. Mr. Long asked if where commercial abuts residentially zoned properties, but a street bisects the property, if the street frontage would be counted into the 200 feet. It was determined, by interpretation that the street would not count into the 200 feet. Mr. Blue, seconded by Mr. Laubacher, moved to approve PZ 98-59. The motion carried unanimously. Page 12 1 /15/99 P 8 Z Minutes Exr+lnfr A r! Zoning Regulations City of North Richland Hills,Texas When a proposed use meets the conditions specified in this subsection, the requirements of Article 5, Section 500, Special Use Permits, shall apply. 1. The property on which the Special Use Permit is requested is located within 200 feet of a residentially zoned parcel of land. 2. The property on which the Special Use Permit is requested is located within a residential zoning district. Section 510. SITE PLAN APPROVAL REQUIREMENTS A. Purpose The purpose of site plan approval is to ensure efficient and safe land development; to provide for compatible uses of land; to ensure compliance with applicable design standards; and to ensure compliance with applicable codes, ordinances and policies of the City of North Richland Hills. B Site Plan Approval Required Where a site plan is required by these regulations, no building permit shall be issued for any development unless a site plan has been reviewed by the Planning and Zoning Commission and approved by the City Council in the manner prescribed herein. C. Site Plan Details Application for site plan approval shall be made on forms provided by the Planning and Zoning Coordinator. Said application shall be submitted with drawings showing the location of the site and all existing and proposed buildings with sufficient information to evaluate impacts on adjacent properties Site plan drawings shall be prepared at a scale of 1" = 50'. The Planning and Zoning Coordinator may accept an alternate scale provided the scale is adequate to document all physical features. Sheet sizes shall be appropriate for the development being proposed and for inclusion in an agenda packet. The Planning and Zoning Coordinator shall not accept any drawings considered insufficient for public record Site plan submittals shall at a minimum include the following features 1 Property boundaries with dimensions and building setback lines 2 Location of proposed buildings and structures indicating sizes in square feet. 3 Data to show percentage of lot covered with buildings. • 4 Elevation drawings of buildings indicating exterior surface materials, building heights, and data showing percentage of masonry exterior surfaces 5 The location and intensity of exterior lighting facilities. 6 The location of mechanical equipment 7. Outside storage and I or display areas. 8. Drive-up window locations. 9 Curb cut locations. 10 Parking, loading, and maneuvering areas. 11 Landscaping areas showing sizes of trees and shrubs with calculation table. 12 Location of screening walls and fences with sample elevation and type of materials. Article 5 Special Purpose District Regulations Page 5-3 Zoning Regulations It ExFhz:T ai.i r1 Z City of North Rtchland Hills,Texas 13 Dumpster location with screening as required. 14. Pole or monument signs with elevations with dimensions, areas, and lighting intensity. D. Supplemental requirements City staff may require additional information for specific site plans to determine compliance with city regulations or to fully assess the impact of the proposed development on adjacent properties. Such information may include, but Is not limited to. proposed grading and drainage plans, existing and proposed water, sewer, and storm water facilities, flood plain data, traffic analysis, road capacities, market information, economic data for similar developments, and hours of operation 1 E Review Procedures The Planning and Zoning Coordinator shall coordinate the review of all site plans with other city departments. All site plan documents should be submitted a minimum of 30 days prior to the date of the Planning and Zoning Commission meeting at which approval is being sought Staff shall review the site plan submittal for compliance with applicable codes and ordinances and provide the applicant with written comments identifying items requiring a response When the applicant has revised and resubmitted the site plan according to staff comments and furnished written responses to each comment at least 10 days prior to the Planning and Zoning Commission meeting at which approval is being sought, the site plan will be placed on the agenda for the next available meeting of the Planning and ' Zoning Commission. F Waiver The Planning and Zoning Commission may, at the request of the applicant, recommend a waiver of any submittal requirement or staff comment in making its recommendation to the City Council However, a waiver recommendation by the Planning and Zoning Commission shall not preclude the City Council from denying the waiver request. G Recommendation of the Planning and Zoning Commission No public hearing or property notification." of a site plan review is required unless property notification or public hearing is required by a provision of a planned development, special use permit, rezoning request, or by the Texas Local Government Code Based upon its findings, the Commission may recommend approval, conditional approval, request modifications, or deny approval of the site plan based on evaluation of the site plan review criteria contained in these regulations When the applicant has modified and resubmitted the site plan in accordance with the recommendation and modifications required of the Planning and Zoning Commission at least 20 days prior to the meeting of the City Council at which approval is being sought, the site plan will be placed on the agenda of the next available meeting of the City Council for consideration ' H Review Criteria for Site Plan Approvals The following criteria shall be used as a guide for evaluating a site plan of a proposed development for compliance with applicable codes, ordinances, and policies of the City of North Richland Hills. 1. The site plan's consistency with the North Richland Hills Comprehensive Plan, Master Thoroughfare ' Plan, and other planning documents used as a guide for future development of the City which have been approved by the City Council 2 The site plan's compliance with the provisions of the Zoning Ordinance. ' 3 The relationship and impact of the development with respect to adjacent uses. I Conflicts with Codes or Ordinances Approval of a site plan does not authorize any work in conflict with any codes, ordinances, or policies of the City of North Richland Hills. Any alteration to the site plan resulting from another rule or regulation, or engineering requirement, shall require amendment of the site plan using the procedure provided herein. Article 5 Special Purpose District Regulations Page 5< I r ExH-tBtrA° P7. 3 Zoning Regulations City of North Richland Hills,Texas 1\4—' J. Time Limit on Site Plan Approval Unless (1) a building permit has been approved by the Budding Official within eighteen (18) months from the date of final approval of the site plan by the City Council, and (2) a Certificate of Occupancy has been issued within one year of the date of the issuance of the building permit, the site plan approval shall expire, and a re-review and re-approval of the site plan shall be required. Said re-review and re-approval shall be subject to the rules and regulations applicable at the time of re-approval. K. Amendment An approved site plan may be amended in the same manner as the original site plan approval, but subject to the rules and regulations applicable at the time of amendment. Section 520. PD PLANNED DEVELOPMENT DISTRICT A. Purpose The Planned Development District is intended to encourage opportunities for development innovation by allowing mixed-use developments which offer a greater variety in type, design, and layout of buildings; by encouraging land conservation and more efficient use of open space; by modification of certain controls in a manner so as to produce large area development arranged to better serve community needs. B General Provision Approval of a Planned Development and the related Site Plan shall constitute an amendment to the Zoning Ordinance and shall be processed according to the procedures established for all amendments to the Zoning Ordinance and be supplemented with the regulations contained in this Section. C District Area Requirements The PD district shall have at least four acres in area. The fact that such property may be platted into smaller lots shall not relieve the owner such minimum area requirements D Maximum Lot Coverage Unless limited to a lower percentage by the base district, no more than fifty percent of the lot shall be covered by primary and accessory buildings. E Permitted Uses The list of permitted uses for every Planned Development shall be described in the amending ordinance that shall be established by one of the following criteria. 1 The permitted uses shall be those listed In Section 310, "Table of Permitted Uses', for the base zoning district applied to the Planned Development. Additional uses may be permitted and specific uses may be prohibited, or, 2 The permitted uses may be listed without attachment to a specific base-zoning district. F Ordinance Required In approving a Planned Development, the amending ordinance may include a reference to the base-zoning district and the development standards required of the base-zoning district shall apply to the Planned Development No standards may be modified unless such modification is expressly permitted by the approving ordinance. In approving a Planned Development, the amending ordinance shall include reference to a Site Plan that shall prescribe the development standards. In the event that no Site Plan is referenced in the amending ordinance, then the regulations contained in the amending ordinance shall govern. G Procedures 1 Application Procedure - All applications for a Planned Development shall be treated in the same manner as an amendment to this Ordinance as prescribed in Article 2, Section 200, "Amendments". 2. Site Plan Requirements - A site plan shall accompany every application for a Planned Development submittal. Such site plan shall include the contents established for Planned Development Site Plans contained in Article 5, Section 510 and such plan, when approved, shall be made a part of the amending /Whole 5 Special Purpose District Regulations Pape 5.5 1 ORDINANCE 2362 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, TO AMEND ARTICLE 3, SECTION 310, TABLE OF PERMITTED USES; AND ARTICLE 4, SECTION 440, 01-OFFICE DISTRICT, LR-LOCAL RETAIL DISTRICT; C1-COMMERCIAL DISTRICT; C2-COMMERCIAL DISTRICT AND OC-OUTDOOR COMMERCIAL DISTRICT; SUBSECTION B AND ARTICLE 4, SECTION 450, 11-LIGHT INDUSTRIAL DISTRICT AND I2-MEDIUM INDUSTRIAL DISTRICT; SUBSECTION B; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning &Zoning Commission and the City Council have identified concerns with the impacts of commercial development on existing and future residential neighborhoods, WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by amending said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Article 3, Section 310, Table of Permitted Uses be amended to insert the following Site Plan Approval: All new commercial development or redevelopment that exceeds 75% of the assessed value of the property by Tarrant Appraisal District that is located within 200' of existing residentially zoned property or future residential property as indicated on the Comprehensive Land Use Plan for the City of North Richland Hills or increases the square footage of the building by 30% or more shall require site plan approval by the both the Planning & Zoning Commission and City Council. All submitted site plans must adhere to the requirements established in Article 5, Section 510, Site Plan Approval Requirements. 2. THAT, Article 4, Section 440, 01-Office District, LR-Local Retail District, C1- Commercial District, C2-Commercial District and 0C-Outdoor Commercial District, Subsection B, Permitted Uses is hereby amended to insert the following: Ordinance No 2362 Page 1 Site Plan Approval: All new commercial development or redevelopment that exceeds 75% of the assessed value of the property by Tarrant Appraisal District that is located within 200' of existing residentially zoned property or future residential property as indicated on the Comprehensive Land Use Plan for the City of North Richland Hills shall require site plan approval by the both the Planning & Zoning Commission and City Council. All submitted site plans must adhere to the requirements established in Article 5, Section 510, Site Plan Approval Requirements. 3. That Article 4, Section 450, I1-Light Industrial District and 12-Medium Industrial District Subsection 8, Permitted Uses be hereby amended to insert the following: Site Plan Approval: All new industrial development or redevelopment that exceeds 75% of the assessed value of the property by Tarrant Appraisal District that is located within 200' of existing residentially zoned property or future residential property as indicated on the Comprehensive Land Use Plan for the City of North Richland Hills shall require site plan approval by the both the Planning & Zoning Commission and City Council. All submitted site plans must adhere to the requirements established in Article 5, Section 510, Site Plan Approval Requirements. 4. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 5. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 14th DAY OF JANUARY 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 25th DAY OF JANUARY 1999. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST.: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Council Meeting Date: 1/25/99 -subjectConsider Request of Marvin Smith for a Final Plat of Agenda Number: PS 98-55 Lots 1 — 3, Block 2, Douglas Estates, Phase II (Located in the 7500 Block of Douglas Boulevard) Marvin Smith is the owner and developer of this 2.45-acre tract of land. Mr. Smith is proposing to create 3 lots in order to construct new homes at this location. The property is currently zoned R1- Residential. The issues associated with this plat are as follows: 1. Drainage: The City is in the process of improving Douglas Lane to a 2 lane improved street. Drainage improvements are included in the project. The applicant has been advised that an engineered grading plan will be required for Lots 1 & 3 during the building permit process. The applicant has agreed to this request. 2. Water: The City is constructing a water main during the improvements to Douglas Lane that will provide service to these lots. 3. Sewer: A sewer main will also be constructed during the Douglas Lane improvements. Stub outs will be provided to each lot as part of a ROW agreement. The applicant has been advised that finished floor elevations are required in order to verify that there is proper sewer flow for these properties. The applicant has provided the requested information. 4 Sidewalks: Sidewalks will be constructed as part of the Douglas Lane improvements. This plat is in conformance with the Comprehensive Land Use Plan for the City of NRH. RECOMMENDATION: The Planning & Zoning Commission considered this item at its January 14, 1999 meeting and approved it unanimously, subject to engineer's comments. To approve PS 98-55 subject to engineer's comments. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) _ Sufficient Funds Available Operating Budget Other Finance(*Wow Air Department ead ignature I I City W.er CITY COUNCIL ACTION/TE Page 1 of 4. PS 98-55 CONSIDER REQUEST OF MARVIN SMITH FOR A FINAL PLAT OF LOTS 1 —3, BLOCK 2, DOUGLAS ESTATES, PHASE II. (LOCATED IN THE 7500 BLOCK OF DOUGLAS LANE) APPROVED Mr. Marvin Smith, 7609 Douglas Lane stated they have agreed with all engineering comments. Mr. Wood, seconded by Mr. Bowen moved to approve PS 98-55, subject to engineer's comments. The motion carried unanimously. Page 2 1 /15/99 P 8 Z Minutes CITY OF NORTH RICHLAND HILLS Public Works January 4, 1999 MEMO TO Planning and Zoning Commission FROM: Julia W. Skare, P.E. Staff Engineer SUBJECT P598-55; DOUGLAS ADDITION; Block 2, Lots 1-3; Final Plat We have reviewed the subject documents submitted to this office on December 15, 1998. The following items are for your consideration. 1. ROW DEDICATION The volume and page of the new (revised) deed document needs to be included on the Plat. 2. METES AND BOUNDS DESCRIPTION There is a discrepancy between the exhibit and the metes and bounds description in the first call. This needs to be resolved with the next submittal. 3. DRAINAGE Drainage improvements are included in the City's Douglas Lane project. These improvements must be constructed and final accepted by Public Works. An Engineered Grading Plan shall be submitted for Lot 1 & Lot 3 with the building permit application for each lot. The City will be filling the stock tank on Lot 3 as part of the ROW agreement. The response from the Engineer dated December 9 did not indicate agreement to these items. 4 WATER Water services are included with the construction of the main by the City. 5 SANITARY SEWER A contractor has been selected to construct the sanitary sewer main for the City. Stubouts are to being provided by the City as part of the ROW agreement. The sanitary sewer main will need to be tested prior to Public Works acceptance of these improvements. The minimum finished floor and maximum distance from the ROW to the rear of the house for Lot 1 should be provided to verify there is adequate depth on the sanitary sewer main. This information is necessary prior to the Plat being placed on the agenda and should be included in the response letter from the applicant. 6 FIRE HYDRANT The property is located within 500 feet radial distance of an existing fire hydrant. P.O.Box 820609•North Richland Hills,Texas•76182-0609 7301 Northeast Loop 820• 817-581-5521 • FAX 817.656-7538 PS98-55, DOUGLAS ADDITION, ..lock 2, Lots 1-3; Final Plat January 4, 1999 Page 2 of 2 ' 7. STREET IMPROVEMENTS This property is adjacent to Douglas Lane. The City has approved plans and bids have been taken for the street improvements. B SIDEWALKS Sidewalks are included with the City's Douglas Lane construction plans. 9 SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. This review was based on the plat submitted and the Douglas Lane plans. The marked- up blue line needs to be returned with the next submittal. JWS/ fs/pwm99001 cc: Gregory W. Dickens, P. E., Public Works Director Kevin B. Miller, P.E., Assistant Public Works Director urvn .. lunyo-MS$aa I aces 01 ( 2014944 P. 02 Owen D. Long and Associates, Inc. CONSULTING ENGINEERS January 5, 1999 Mrs. Julia W. Skaro, P.E. Staff Engineer City of North Richland Hills 7301 N.C. LOOP 820 North Richland Hills, Texas Re: PS98-55 DOUGLAS ADDITION Block 2, Lots 1-3 Final Plat North Richland Hills, Texas Dear Julia; We have received a copy of your memo dated January 4, 1999 addressed to thd-Planing and 'zoning Commission regarding the captioned final Plal with construction plans. wo have the following comments. Item 1. The Surveyor will revise the R.O.W. Dedication on the Plat. 2 . The Surveyor will revise the meets and bounds description on the Plat. 3. We agree that the Drainage improvements must be completed and accepted, a grading plan must be submitted and approved for lots 1 and 3 with the building permit applications. The city will fill the pond. 4 . The City will provide the Water services 5. The City will provide the Sewer services. The minimum finished floor was estimated to be set at 720.50 with the rear of the house no further than 200 ft from the R.O.W. 6. We agree. 7. We agree. 8. We agree. 9. The signatures will be added to the Final plat along with the Surveyour's seal. Additional comments on the marked up construction plans will be addressed and the marked up set will be returned to the Public works Dept. If you have any further comments, Please give me a call. Nark D. Long, P. cc. Marvin Smith-- 1615 Precinct Line Road-Suite 106/Hurst,Texas 76054/Phone(817)281-8121 -Fax(817)281.4934 NRH not North Renaud b8s APPLICATION FOR not Northeast Loop 820 FINAL PLAT North Richland Nay Texas Par p4aepam 817481-5500 sltdv n ' LOTS I— a, St_ect 2 Dou4LAs Es7ATES M amnt pOsxrpMn. PAS6 Leat TRA C7 2cc , TRACT 2A , PART aF TRACT Q —1 OHM CONDRA SURVEY, AasT. 311 Name end AdS n Of Cumin,Property Amer MARYtN D. SMiTF-( ;Worm NO gt1) 44 -11 33 - "I4e9 DeLtqq)as Lana 2 chlo nJ 4-l:\ts,Tcxos -T4 a8o Name and Address of Ration Ownerfdpurchase dump leaf twelve months) 5a w12 Name end Address of Developer • Phone No. Name am Address of Endow OueN D. LONG e, ASSOCIATES• lac, Phone No 9I)) 251-HI21 IRIS PREcIMcr Lt4e Re AU• SLIME )04 1YtIRSr -fax As 160s4 Type of Development Bang Proposed: SP Rwdemel ❑ OAF Reedennbel ❑ Other ❑ OupMx Resedendel ❑ Commensal/mdumw Application Fee: -1.Application Fee 120.00 2.Number MMlderWal lots @5150 per let f+, so 3. Number of naenetlenbal lots 085.00 per sae • 4. Number of sheet bwaaetllon signs O*65.00 each S.County plat King fee: Se .00 TOTAL FEE 4 18 2. 5o I hereby certify that I am.orrwtenn(de legs oliw of ft property assoteO Move and do hereby submit Iles Feat Rat to me Planning and 2mng Cotvmsson Am conedaraenn. an) 97e- `it Io OFF•CS. Date R-. °1- 98 Appor nre Pam., - Sti) 413- 7733 l4myc Amt Nam- Ma . .W Ivl . t ' Sgnxun' cee >� OFFICE USE ONLY I V 5G J Paid Pd Case NUmoer� Assessments Paid AseassTa ens Paid FINAL PLAT CD-402 (2166) CITY OF NORTH RICHLAND HILLS Department. Planning & Inspections Council Meeting Date: 1/25/99 Subject. Consider Request of Kent Holcomb for a Final Plat Agenda Number PS 98-65 Of Lots 1 & 2, Block 1, Town Center Addition (Located at the Northwest Corner of Cardinal Lane & Simmons Drive) Mr Holcomb represents Blue Line Ice in this platting request that contains approximately 6 1 acres of land. This property is TCD Town Center District Mike Curtis, PE, Capital Improvements Coordinator has reviewed this project and will be available to answer any questions The issues associated with this final plat are as follows' 1. Offsite Easements: There may be a need for offsite easement agreements for storm drain improvements in conjunction with the development of this site The applicant has been advised and has agreed to these requirements. li 2. Parking Agreement: The developer is proposing to ground lease parking for the facility. The parking for the Ice Rink will be off-site on Lot 2, Block 1, Town Center Addition The lease agreement is for 50 years. If, 50 years from now, the lease is not renewed parking must still be provided for the facility. Additionally, no structures may be constructed on this site that reduces the parking provided below City standards. The Planning and Zoning Commission preferred that in addition to a ground lease that a "parking easement" be shown on the plat. This ensures that the property must be used as parking The applicant was agreeable to this request. 3 Street Improvements: Street improvements will be required for Cardinal Lane and Simmons Drive. The applicant has been advised of this requirement and has indicated that obligation for construction and design is the responsibility of Arcadia Realty. The applicant has been advised that the City of NRH requires that half of each of these streets be constructed The street section proposed for Cardinal Lane in the Town Center indicates 27 feet of pavement Half of this is required to be built, which is 13.5 feet. The Public Works Department has requested an additional 6.5 feet of pavement to create a 20-foot pavement section When the property opposite develops the street shall be permanently constructed in accordance with the Town Center Standards. Simmons Drive was partially constructed with the development of Birdville High School The applicant has been advised that they are required to construct the remainder of this street according to City of NRH standards The applicant has agreed to this requirement. Finance Review Source of Funds: Acct Number Bonds (GO/Rev) Sufficient Funds Available Operating Budget y .e ,4 Other r'^M o i � I�i'�'�^ Department Head Signature fr City MWr CITY COUNCIL ACTION IT ' Page 1 of 4. ROW Vacation: The northeast corner of the property at Cardinal Lane and Simmons Drive has a small portion of ROW that the applicant is proposing the City vacate during this process. The City is agreeable to vacating this small portion of property. An action item on the January 25, Council Agenda vacating this ROW is necessary for this proposal. The action item is listed on the Agenda as "Abandon a portion of the existing ROW of Tract 2, L C. Walker Survey A- 1652 " Information relative to the approval of this ROW vacation will be recorded on the Mylars. All other engineering issues have been addressed and agreed to. This plat is in conformance with the Comprehensive Land Use Plan for the City of NRH RECOMMENDATION: The Planning & Zoning Commission considered this item at its January 14, 1999 meeting and recommended unanimous approval subject to engineer's comments and a fully executed Parking Easement for Lot 2 being indicated on the Plat. To approve PS 98-65 subject to engineer's comments and a fully executed Parking Easement on Lot 2 CITY OF NORTH RICHLAND HILLS — �1 J' ` ... .o m I --.•—, 1 P ` ..CZ®�. D. '41 si I1.1 I, I _.? gr . = a Lam—_ ~., x Q _I, li L-_ � 'l v 1� '' FIELD , .._... __ 1 I l} e-,-.1..„E I. , — P P Qif! N _ J III�I, =.1, \ U U �1 rte �... C4U — ' '-� '. I I I u naosox.o, p— 713,_4_/LINT 1 i — ' j U — �_ ,o ;_1-1 My/' , el T� C.anpl.�r. 1 11 - Tt 0,7Ce " D:1 �� S 1 D El x. nx .o 1 1111\{ ,I I� - J =1_.c o 4U 11 1 c 4 y��({�. 10,1 I. i �.� Y _ C4U iAMIN rf' C2 • -F °.; I i -__ c: r Q e a1 I c.,,,,„4 .c ll. NC..■ F`; 1 ! , , .0 �M4U ^ - y, y-`- ' � 1 r \ 1e ...LLL xo..x udo e.ra '.--�--+r-- I, te rt 4� I O . .. CSC k—L a o f .. I ice:. i - .'�.\ Ip - 4 In �i - V � �q iI r o L 0CArhO,J NW 111 f G . 4U it'll, .WOOD .a,_ — � "° -• 1 ' r. ! •) IE — 'o j .I f L.. ,,O r 1 _ l� _? �__. 9o,N i$ n .�o e-- ~ I I I >E N - _1 .� 5 �� ,aa.a ,,, .a 6. PS 98-65 CONSIDER REQUEST OF KENTON HOLCOMB FOR A FINAL PLAT OF LOTS 1 & 2, BLOCK 1, TOWN CENTER ADDITION. (LOCATED AT THE NORTHWEST CORNER OF CARDINAL LANE AND SIMMONS DRIVE) APPROVED Mr Curtis, CIP Coordinator stated that the applicant was not in attendance yet, and asked if these issues could be delayed until they arrived. The applicant was aware of the meeting this evening. Mr. Davis asked for a motion to delay this request until the end of the meeting. Mr. Wood, seconded by Mr. Blue moved to delay this issue until the end of the meeting. The motion carried unanimously. The hearing of this case resumed at the conclusion of hearing the last item on the agenda. Mr. Curtis, CIF Coordinator, stated this is a final plat of Lots 1 & 2, Block 1, Town Center Addition These two lots will represent Blue Line Ice Skating Rink and parking for it. The owner and architect have agreed to the engineer's comments. He explained that offsite easements will be required for this project and the owner has agreed to this requirement. A shared parking agreement is required. A draft copy has been provided. Street improvements at Cardinal Lane and Simmons Drive will be required, and this requirement is understood and the owner realizes that prior to a Certificate of Occupancy being issued all street improvements will be made. Additionally, the owner is requesting that the City vacate some existing ROW at the intersection of Cardinal Lane and Simmons Drive; it will square up the intersection and the Public Works Department sees no problem with this request. He stated that the owner and his architect are present should the Commission have additional questions. Mr Barfield stated that he really wants to see a standardized parking agreement throughout the entire Town Center, including Blue Line Ice Chairman Davis asked the owners representative to come forward. He stated that at the time of preliminary platting, it had been agreed that a parking easement or agreement would be filed on Lot 2, allowing Lot 1 the parking rights forever. He stated what was presented to the Commission was a Ground Lease Agreement. Mr Craig Hutchins, owners representative, apoligized for being late and explained that he could provide what ever documentation the Commission wanted. Both pieces of land are owned by one person He could not answer Page 5 1 /15/99 P&Z Minutes why it had been drafted as a Ground Lease, but stated that parking will always be there as long as the building is there. Chairman Davis asked if Mr. Hutchins would be opposed to this plat being approved subject to a Parking Easement be platted on Lot 2 and it be there for perpatutity. It could only be vacated by changing the plat Mr. Hutchins stated he did not have a problem dedicating a parking easement in lieu of the ground lease on Lot 2. This will be indicated on the face of the plat as well as a document outlining same Mr. Wood asked why the lots were platted separately, if they were owned by the same people. Mr Hutchins responded by stating that Fitzgerald Holdings, the owner, found it in their best interest to plat it into two lots Mr. Bowen, seconded by Mr. Blue, moved to approve PS 98-65 subject to engineer's comments and provided a parking easement be shown on Lot 2 on the plat. The motion carried unanimously. Page 6 1 /15/99 P 8 Z Minutes CITY OF NORTH RICHLAND HILLS Public Works January 6, 1999 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P E., Capital Projects Coordinator SUBJECT' PS 98-65; TOWN CENTER ADDITION Block 1, Lots 1 and 2 Final Plat We have reviewed the final plat for the Town Center Addition, Block 1, Lots 1 and 2. This plat is for the development of the Blue Line Ice Skating Complex This development is the first of several planned for the proposed Town Center District. The following items are for your consideration 1. Off-Site Easements —All off-site easements and exhibits need to be prepared and forwarded to the Public Works Department for review. The signed easements need to be transmitted to the Public Works Department for filing prior to the City filing the Final Plat, to ensure the volume and page number of the off- site easements are added to the plat. No public storm drain and/or utility may be constructed prior to all necessary easements being filed 2. Street Improvements — Street improvements will be required for Cardinal lane and Simmons Drive. Cardinal Lane is planned to be a pail of the proposed Town Center District It is classified by the Town Center Thoroughfare Plan as ST-50- 27. This classification requires the roadway width to be 27-feet The City's ordinances require the developer to construct 1/2 of the proposed ST-50-27 to the City's design standards The Public Works Department recommends that an additional 6.5 feet of temporary pavement be constructed adjacent to the 13 5 feet of permanent pavement. This will provide a roadway width of 20 feet (roadway width is defined as the driving surface, it does not include the width necessary for the curb). The temporary pavement shall be a minimum of 6-inch lime treated subgrade with 4-inches of HMAC on top Simmons Drive was partially reconstructed with the development of the Birdville High School Addition The remaining section (west half) of the street will need to be constructed to the City's design standards Cardinal Lane and Simmons Drive will need to be improved prior to the City issuing a Certificate of Occupancy P O Box 820609•North Richland Hills, Texas•76182-0609 7301 Northeast Loop 820 • 817-581-5521 • FAX 817-656-7538 Planning 8 Zoning Commission Page 2 of 2 January 6, 1999 3. Zoning —The current zoning needs to be clearly indicated on the face of the plat. This includes the proposed lots as well as the lots adjacent to this plat. Currently, the zoning for this property is I-1. Since the City Council will be considering a zoning change for this property at the January 11, 1999 Council Meeting, the zoning may be added prior to the plat going to the City Council for approval 4. Signatures —The appropriate signatures need to be added to the Owner's Acknowledgement and Dedication on the Final Plat, prior to the City filing the plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 5. Details—The appropriate details for services and public improvements will need to be included in the civil construction plans. Note that the details included in the Public Works Design Manual do not contain any logos other than that of the City of North Richland Hills It is therefore recommended that the details be used in their entirety. 6 Inspection Fees for Public Improvements — Inspection fees will be due prior to starting construction The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage. 7. Fire Lanes - A section of the proposed fire lane is planned to be located outside the boundaries of the property lines for Lots 1 and 2. The Fire Code requires that the minimum radius of 30 feet The fire lane will need to be constructed on the property being platted and/or inside a "No Build" easement The easement will need to be reviewed and approved by the City This easement will be necessary prior to receiving a Foundation Permit 8 Right-of-Way Vacated —The metes and bounds description and exhibit will need to be prepared and forwarded to the Public Works Department for review no later than Wednesday, January 13, 1999. An ordinance can then be prepared and taken to the City Council for consideration at their January 25, 1999 meeting. The review of this plat was based on preliminary construction plans. The owner needs to be aware that additional easements may be required and/or revisions may need to be made to this plat as part of the approval of the final construction plans. Therefore, the final construction plans will need to be approved prior to the City filing this plat RMC/smm pwm 004 cc: Steve Norwood, Interim Director, Planning & Inspection Services ,ctEa ),CJAN 0 ? i9 sno- xr,oe,rr.t (RJR h,n rnrnic.,7 + 5-2910 CSB / BATENH0RST January 6, 1999 Mr Michael Curtis Public Works Department City of North Richland Hills • 7301 Northeast Loop 820 North Richland ILIIs- TX 76182 Re PS 8-65, Tuan Center Addition Block I, Lots I and '_— Final Plat Submittal Mr Curtis, the following is in response to \our memo to the Planning& Zoning Commission dated 1-6-99 for Blue Line Ice Complex as a part of the Town Center Addition 1 Off-Site Easements —All off-site easements and exhibits need to be prepared and forwarded to the Public Works Department for review The signed easements need to be transmitted to the Public Works Department for filing prior to the City filing the Final Plat, to ensure the volume and page number of the off-site easements are added to the plat No public storm drain and/or utility may be constructed prior to all necessary easements being fled Response: The original northeast property line radius exhibit and the shared parking lot agreement between lots one and Aro is provided with this final plat submittal The west and south combined Access Utility, rVo-Budd. & Drainage easement and all other ecuements shall he provided to the Public {i orb Department Jar review by January 13. /909 The signed easements shall he provided to the Public If'arks Department for)ding prior to the Gin filing the Final plat It is understood that no public storm drain and/or uti/tt may be constructed prior to all necessary easements being filed Easements shall be provided to the Public {Forks Department to be added to plat prior to filing before any utilities are constructed Street Improvements — Street improvements will be required for Cardinal lane and Simmons Drive. Cardinal lane is planned to be a part of the proposed Town Center District It is classified by the Town Center Thoroughfare Plan as ST-50- 27 This classification requires the roadway width to be 27 feet. The City's ordinances require the developer to construct 1/2 of the proposed ST-50-27 to the City's design standards The Public Works Department recommends that an additional 6 5 feet of temporary pavement be constructed adjacent to the 13.5 feet of permanent pavement This will provide a roadway width of 20 feet (roadway width is defined as the driving surface it does not include the width necessary for the curb). The temporary pavement shall be a minimum of 5-inch lime treated subgrade with 4-inches of HMAC on top. Response: Street improvements will he required for Cardinal lane and Simmons Drive Cardinal Lane and Simmons Drive improvements are the obligation of Arcadia Realty Corp and shall he designed to conform x ith Town Center and'or City of North Richland Hills Standards Simmons Drive was partially reconstructed with the development of the Birdville High School Addition The remaining section (west half) for the street will need to be constructed to the City's design standards Cardinal Lane and Simmons Drive will need to be improved prior to the City issuing a Certificate of Occupancy Response: The west half of Simmons Drive is planned to be improved to match the cities standard and to match the existing east half as part of this development 2 Zoning— the current zoning needs to be clearly indicated on the face of the plat. This includes the proposed lots as well as the lots adjacent to this plat. Currently, the zoning for this property is I-1 Since the City Council will be considering a zoning change for this property at the January 11, 1999 Council meeting, the zoning may be added prior to the plat going to the City Council for approval Response: Current zoning is 1-1 and the final zoning designation will be added to the face of the plat after January 11. 1999 and before City Council submission 3 Signatures — The appropriate signatures need to be added to the Owner's Acknowledgement and Dedication of the Final Plat, prior to the City filing the plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat Response: The current owner's signature on the Final Phu Application shall he provided to city prior to January 14. 1999 The appropriate signatures shall be added to the plat prior to filing The survey or'.s seal and signature shall be added to final plat molars 4. Details — The appropriate details for services and public improvements will be included in the civil construction plans. Note that the details included in the Public Works Design Manual do not contain any logos other than that of the City of North Richland Hills It is therefore recommended that the details be used in their entirety Response: Civil construction drawings shall include the appropriate details in their entirety from the Public Works Design Manual 5. Inspection Fees for Public Improvements— Inspection fees will be due prior to starting construction. The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage. Response: Inspection Fees shall he paid per city require percentages 6 Fire Lanes —A section of the proposed fire lane is planned to be located outside the boundaries of the property lines for lots 1 and 2 The Fire Code requires that the minimum radius of 30 feet. The fire lane will need to be constructed on the property being platted and/or inside a "No Build easement. The easement will need to be reviewed and approved by the city This easement will be necessary prior to receiving a foundation permit Response: The west and south fire lanes are planned to be outside the property lines. and fall within the No-Budd Easement noted as a combined Access, litnlit, No-Build & Drainage Easement The intersection between the west fre lane/alley and the south fire laneisteet is separated by a planned 20' wide pedestrian walkway along the south end of the west property line A turn down curb ramp us planned in lieu of a fire lane radius at the south street intersection and paved per coy fire lane standards for fire department access per conversations with the fire department planning staff This will provide a pedestrian connection between planned building structures and the large green plaza per the Town Center plans The easement documents shall be provided prior to filing of plat and prior to receiving a foundation permit. 7 Right-of-Way Vacated — The metes and bounds description and exhibit will need to be prepared and forwarded to the Public Works Department for review no later than Wednesday, January 13, 1999 An ordinance can be prepared and taken to the city council for consideration at their January 25, 1999 meeting. Response: I he northeast vacated corner exhibit and metes & bounds shall he provided to the Public Works Department for review hw January 13, 1999 Kent olcomb rkf ' J ast: l ii,•Ji,,,,,n wtni,„n, 09 : OOA MMK&F 817 877 SaaB P-02 GROUND LEASE AGREEMENT This Ground Lease Agreement (the "Lease") is made and entered into this day of , 1999, by and between Fitzgerald Holdings, L.P., a Texas limited partnership ("Lessor"), and The Blue Line Ice Complex, L.L.C., a Texas limited liability cootpany(the "Lessee") WITNESSETH: 1. Lease of Premises. Subject to the terms. provisions and conditions hereinafter set forth, and in consideration of the covenants of payment and performance stipulated herein, and for other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, Lessor does hereby lease, demise and let, and by these presents does hereby lease, demise and let unto Lessee that certain tract of land (the "Land") situated in the City of • Nord. Richland Hills, Tarrant County, Texas, and more particularly described in Exhibit "A" attached hereto and made a part hereof, together with all and singular the rights, easements, privileges and appurtenances and improvements thereunto attaching or in any way belonging, unto Lessee (all of which items are collectively referred to herein as the "Leased Premises"), for and dining the term hereinafter set forth. 2 Term. Unless sooner terminated under the provisions hereof, ibis (ease shall be and continue in full force and effect for a term (the "Tenn") of fifty (50) years commencing on the date hereof and ending on ,2049. Use. Lessee shall use the Leased Premises for the provision of parking for paeans, guests and invitees of Lessee in connection with the operation by Lessee of the ice rink skating facility located adjacent to the Leased Premises on that certain tract of land more particularly described as Lot 1, Block 1, Town Center Addition, City of Noah Richland Hills. Tarrant County, Texas and more particularly described on Exhibit "A" hereto Lessee shall not uae or permit the use of the Leased Premises for any unlawful purpose or in any unlawful manner, and shall comply with all laws and ordinances applicable to the Leased Premises a. Rental. As consideration for the use and occupancy of, and as rental for, the Leased Premises, Lessee agrees to pay Lessor in the manner hereinafter provided, a ground lease rental (the "Rent") in the sum of$ which upon payment to Lessor represents the full payment of Rent due under this Lease for the Term hereof. 5. Assignment and Subletting. Lessee shall not sublet or assign Its leasehold interests hereunder in whole or in part without the prior written consent of Lessor Any such permitted sublease or assignment is made expressly subject to the terms hereof and the assignee of sublessee shall assume liability for the performance of the obligations of Lessee hereunder, and further provided that such sublease or assignment shall not operate to discharge or release the obligations of Lessee hereunder. Lessor may assign its rights hereunder in whole or in part without the consent of Lessee, provided, however, that any subsequent assignment or mortgage of the fee interest in the Land by Lessor shall be made expressly subject to the terms hereof. 1:=96". 817 877 3668 01-09-99 10- 10AM P002 #28 32. 323:O1A 817 877 Scow 1-0.O3 6. Peaceable Possession. Lessor covenants and warrants that Lessee, upon payment of the Rent herein provided, and upon performing and observing all of the covenants and agreements herein contained and provided, Lessee shall and may peaceably and quietly have, hold, occupy. use, and enjoy, and shall have the full and exclusive use and enjoyment of, all of the Leased Premises dining the entire Term, subject only to the provisions of this Lease. 7. Lessee's Representations. During the Term of this Lease, Lessee shall comply with all applicable laws affecting the Leased Premises, the breach of which might result in any material penalty to Lessor or forfeiture of Lessor's title to the Leased Premises or any part thereof. Lessee shall also comply with and abide by all federal, state, county, municipal, and other governmental statutes,ordinances, laws,and regulations affecting the Leased Premises,the improvements now or hereafter created hereon, or any activity or condition on ur in the Leased lh cenises. S. Surrender of Possession. Lessee covenants and agrees with Lessor that upon telminatian of this Lease, whether by lapse of time or due to the terms and conditions contained herein, Lessee will peaceably and quietly yield up and surrender possession to Lessor of the Leased Premises 9. Notices. Any notice, communication, request, reply or advise (hereinafter the "Notice") in this instrument provided or permitted to be given, made or accepted by either party to any other party must be in writing and shall be given or be served by depositing the same in the United States mail, postpaid and registered or certified and addressed to the party to be notified with return receipt requested, or by delivering the same in person to such party. For purposes of notice,the address of the parties shall be as follows: If to Lessor. If to Lessee: 10. En e Aareement. This Lease embodies the entire contract between the parties hereto relative to the subject matter hereof. No variations, modifications or changes herein or hereof shall be binding upon any party hereto unless executed by it or by a duly authorized officer or a duly authorized agent of the particular party. No waiver or waivers of any breach of default by either patty of any term, condition or liability of or performance by the other party of any duty or obligation hereunder, including without limitation, the acceptance by Lessor or payment by Lessee of any rentals at any time or in any manner other than as herein provided shalt be deemed a waiver thereof, nor shall any such waiver or waivers be deemed or construed to be a waiver or waivers of subsequent breaches or defaults of any kind, character or description under any circumstances. -2 - R-96% 817 877 3668 01-07-99 10 10AM P003 1428 C_r.-c.) -99 09:O1A MMK&F 817 a7. 3808 P.04 I I. Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns 12. Governine Law. This Lease shall be construed and enforced in accordance with the laws of the State of Texas, and is performable in Tarrant County,Texas. 13. Estoppel Certificates. Lessee and Lessor shall, at any time and from time to time, upon not less than ten (10) days prior request by the other party, execute and deliver to the Lessor ar Lessee, as the case may be, a statement certifying that (i) this Lease is wrmodified and in fun force and effect (or if there have been modifications then that the Lease as modified is in full force and effect), (ii)the dates to which rent and any other charges have been paid; (iii) that no default hereunder on the part of Lessor Lessee, as the case may be, exists (except that if such default does exist,then the default shall be specified). 14. Gross Lease. Lessor and Lessee acknowledge that Lessor shall be solely, responsible for the payment of all ad valorem taxes and other impositions due or assessed against Me Leased Premises. In addition, Lessor shall be solely responsible for the payment of any and all insurance premiums and utility charges arising out of or related to the Leased Premises. Lessor aid lessee further acknowledge and agree that dunng the 'I ern' of this Lease, the sole pays nt obligation of the Lessee is to remit the Rent due pursuant to the terms of Paragraph 4 hereof iN WITNESS WHEREOF this Lease is made and entered into in multiple original counterparts effective as of the date and year first above written. THE BLUE LINE ICE COMPLEX, L L.C. By. Title: FITZGERALD HOLDINGS,L.P. By: Title: o 110a.1-10g.01eru.n 142,0 ru0010.0a,0ni m.r _3 _ • p _NEE'S ADDRESS. I - 511.00 P.O. Box 226030 0-1959965 (1.4 Prtpand by'b.5nleavaf Teas foruu*y lan.n ooly.Re11-N ll O° ae, Tx. 75266 • I-1.76.Reviled to include grantees address(ut 6656,RCS) 1.1.91 • WARRANTY DEED WITH VENDOR'S LIEN 11.00 4 D 7000 362516 I 06/26/84 THE STATE OF TEXAS JF KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Charles H. Mangham and Nancy Jane Mangham, hereinafter called "Grantors", the said Nancy Jane Mangham formerly known an Nancy o Jane RTarrant enfro, of the County and Stale or texas for and in consideration of the sum of TEN AND NO/100 ($10.00)----•• DOLLARS and other valuable consideration to the undcnicned paid by the crantee herein named. the receipt of which Is hereby acknowledged. and the further consideration of Two certain promissory notes, dated of even date herewith, each in the amount of $1,500,000, or a total of $1,000,000, one payable to each of the Grantors, bearing interest at 113 per annum and each payable as to principal in three equal annual installments of Five Hundred Thousand Dollars ($500,000.00) , with each installment due respectively one, two and three years with payable annually along with each installmentofprincipal_ tl the palmatt of which note in secured by the senders lien herein retained. and is additionally secured by a decd of trot of oat date berms ith to Allan iloweth Trance. hay; CHANTED. SOI O AND e'ON V FYFII. and by ihe"c presents do GRANT. SEI.I. AND CONVOY unit Trustees, E-Syateme, Inc. Pool Trust 1 the C, umy of Dallas and State of Texas •all of the following described real !puny in Tarrant County.Taos,m-wit: 120.875 acres of land in Tarrant County, Texas, out of the T. R. Martin Survey. Abstract y S nrExhi Abstract Arhc 1 t to. 1652,. es described by metes and bounds on Exhibit A hereto. / -C)-Si-[] /( Vi;. 7S O 71:f 461 EOQOIT "A" .875 Acres of land located In the T.K. MARTIN SURVEY, Abstract No, end the L.C. WALKER SURVEY, Abstract No. 1652, Torrent County, Texas and - 'g the same tract of land nfr , and the[estate of James foreclosure to the deed recorded .baed I Nancy Jane Renfro, Texas. Said do120, 6746,acres 1784 of the Deed Records of Tarrant etsa, Texas. Said I?8,875 arras belrg more particularly described by meGs and bounds as follows: • BE07NN180.0 acre tract conveyed to fence J.H.Mangham and wife°Clara s corner FayeMenghaln re- corded in Velure 1526, Pepe 135 of the Deed Records of Teri;nt County. Texas: sold point being in the (rest line of said L.C.WALKER SURVEY, and located by deed S 00° 11 ' E 475 versa from the Northwest corner of said survey; and being the Southeast corner of a tract conveyed by Page 565 of nDeed Records of TarranthCounty,y recorded In Volume 1944 Texas; the THENCE 89° ° to a 20" 995.97 I"2 ' E iron rod tea fence the South line of said L.T. Hansard Nr THENCE 13119.0 feet Opassing ltne North East line line of the said C. `WALKER SImVEYg and[the the South line of the T.K. MARTIN SURVEY. In all 1410.34 feet to a 1/4" Iron rod at a fence corner; THE10E S 86° 57' 11" E 180.02 feet to a 1/2" iron rod found In an East-West fence line; • THENCE 219.94 Road of to a 1 1/2" Iron rod In the South line of Cardinal Road (County PENCE S 00° 10' 00 ' Ji 181.08 feat toe 1/2" iron rod; THENCE N 89° 513, 00" E 145.00 feet to a 1/2" Iron rod; EWE N00 ' OD' 'r Road;feet to a 1/2" iron rod In the South right-of- I 17 a line of 'ordinal THENCE along the .So Jtn and tbst right-of-nay lfhes of Cardinal Road sr feline; • 1. N 89° 50' 00" E 925.93 feet to 0 1/2" Iron rod at the beginning of a curve to the Right; 2. radiuso of 179.61 feet,2a central oangle ore 900 22 to 12",Oand ahchord chord bearing S 440 50' 54" E 254.03 feet to a 1/2" iron rod at the end of said curve; 3. 5 00° 12' 12" W 1193.02 feet to a 1/2" iron rod at an old fence corner; 4. 5 00° 50. 48" E at 370.92 feet decertify the said West right-of- way line of Cardinal Road and passing the Northwest corner of a tract conveyed be dead to the MAAC/ANAAIRRPORT JOINT VENTUREn County, In Volume 3451, p Texas, In all 1277.78 feet to a I/2" iron rod at the Southeast corner of the aforesaid Charles H. Nengham Tract fro, which a fence post bears N 01° 56' V 17.8 feet; 771ENLE S 89Manghat Tract to • 1/7"" along the lying In tithe East said ne afE Charles t• 2E38.60 conveyed by deed to R00`NAN-FARRELL, INC. recorded In Volume 4077. fence post bears 312 Records of Tarrant feat county, Texas, from which a a THE1tE N 01°he6N,ortheast corner thereof, and being line to a I/4" orod at Colo Conveyed by S25 of the Dead Records of Tarrant County, Texas; Volama Sd42, Page N OOTract to"the PLACE 698.71 feet BECINNIN". containing line 128.00 7Sacresyof land more or less. vLL 18113 ISLE '164 ? 9 °" i D011har "9" c •provisions as a ntfined in restrictive oovcnantekeeorded in Volume 6124• "-Page 635 and Volute 7227• Page 582. Deed Records of Tarrant County, Texas. Easement free J.H. Mnnghe n to TEEM, dated 8/2/37, recorded in Velure 1328. Page 506, Deed Records of Tarrant County, Texas. 1 Page. � 56 free J.H. s91e rst0, dated 9/2/70, recorded r rded in Velure 4971. 9 Page 956, Deed Records of Tarrn.'n. County, Texas. Easement from J.H. Hanstam to Tarrant minty Water Supply Corporation, dated 12/31/63, recorded in Palma 3890, Page 306, Dead Records of Tarrant County, Texas. Easement lean Rarx¢arn Airport Joint Ventura to City of North of and Hiills. dated 1/23/74, recprdad in Volume 5594. Page 961, Deed Records County, TpXme. 'Easement from Men a Airport Joint Venture to City of North Richland Mills, dated 5/9/79, recorded in Volum 6733. Page 2121, Deed Records of Tarrant ., Wy,ty, Texas. . Easement from Charles R. Hanghan and Na rry Jana ?laughers to Southwestern Dell Telephone Company, dated 9/23/00, recorded in Volum 7015, Page 2037, Deed pemrds of Tarrant county, 'h-`Eat• 1 fuel tanks, totems tank. valve • Power pales and s sigma,a, visual s4 lights, s,underground. x 12• IYSe, concrete parpe fuel t r pip eaten, sigma, survey erittain i Crawford, dated April 25, 1984. Pity. a ;ham on the South th Lana containing ing 0.319, and .009 acre • puce land,aoar�'o^ts alas; the South P Ear t.,., i Crawford, dated April 25, 1904. of lard. ea shown on survey prepared page fi 3n. Deed aye desc, Tenant area on O ins instrument recorded in side of 6124, pag runway and taxiway described d° County, Texas. irital 1 q ?l . vm 78'70 tatE 465 1 1 rI EP„ .ctr` gpP.PPNT Gel: F •• 991' 3; d OC.PG :'n 1,4 25 p2:22 FfCOUHII t 1;1w R ,-o-c.1 o ; A s� P• ;fi 5 ,p ; l✓ tvmv6`Y t, . 00:00^0.,`P. " � 3 e oc a�' 01 � ' c ociactvil s t • PLEASE RE1V1t 'IOz IAZa. Nancy Hampton • E-SYSTEMS. INC. P.O. s 126030 as. , Dallas. Tx- 75266 Cny of Nor Ridlland Hills IRA BIi6D JAN 0 8 RA Tam R E.Loop Application for Subdivision Plat Approval i u NaM flrhWnd HIIIS.TX 76180 817.581 5515 ;Pea•pintanspov+sl Application Type: Preliminary Plat x 'Final Plat Re tat P JShort Form ;Amended Plat Property Owner Information: Name of Property Owner E-Systems, Inc. Pool Trust Phone No -- _ 972-205-4837 Address of Property Owner 501 South Jupiter Rd. City. Garland Stale. TX ZIP: _ 75042 Proposed Subdivision Name: No of Acres in Plat. 6.06 Town Center Addition No.of Lots in Plat: 2 Authorized Agent Information: "Note: An affidavit signed by the property owner is required when the agent is not the property owner" Name of Authorized Agent Art Hobbs, Trustee Phone No, 972-205-4837 Address 501 So. Jupiter Rd. City. Garland State. TX zip. 75042 Surveyor/Engineer Information: Name el Firm: David Moak Surveyors Phone No 817-268-2211 Address. 105 Bedford Rd. City. Bedford I+� - ._. State TX ZIP' 76022 Contact Person: David Meyers Plat Fee Calculation: All Preliminary Plats All Repeals,Short Form Plats,and Final Plats All Amended Plats a Apphcanon Fee. $120.00 a Application Fee 5120.00 a Application Fee: (none) b $150 per esidential lot b 51.50 per residential lot 6.06 acres b. County plat filing lee. $58.00' or$5 00 per commercial ace or$500 per commercial acre 30.13 Total Fee. $5800 Total Fee c. 56500 for each street uilersecbon' 65.00 O. County plat Nog lee. 558 de' •Additional filing fees may be applicable Total Fee 273.33 (or oversize or extra documents Time Waiver Request:(optional) The applicant is aware that action on this plat may not take place for more Than Nidy(30)days and waives all lime requirements for approval of the plat Signature I cerbty that I am,or repro amine owner of Me propery described above and hereby submit this subdmsion plat to The City of North Richland Hills for consderabm Date 7179 9 • Your name(Pnnted Name). ART Ho8l S g �/I�_'r ' / w S nature: /S/I/ _/ LAY / Stek Subdivision Plat Application 4 CD•418(1 •98) CITY OF NORTH RICHLAND HILLS Department Parks and Recreation Department Council Meeting Date: 1/25/99 Subject: NRI440 1 QQR SaaSon AerOrt and 19'9-2n00 Agenda Number GN 99-04 Recommendations The NRH2O Family Waterpark 1998 Season Report and 1999-2000 Recommendations Report is attached for your review. This report summarizes and evaluates the effectiveness of our marketing efforts, the on- park revenue centers, guest satisfaction, guest surveys, financial performance and attendance for the 1998 season. Attendance for 1998 was 243,007, an increase of 19.7% over the previous season. The park continues to benefit from outstanding employee teams as reflected by a score of 4.578 out of a possible 5 from guest exit surveys. This report also presents to Council the policy recommendations based on guest responses and staff analysis for the upcoming 1999 and 2000 seasons. The policy recommendations reinforce the commitment to continually develop NRH2O as a premiere facility Guest needs are monitored on a continuous basis and as those needs develop, improvements in service are recommended as a part of an ongoing mission of "exceeding expectations". Based on guest response and feedback, staff has made capital improvement recommendations, which are summarized as follows and described in more detail on pages 15 through 17 of the report. Recommendation Estimated Cost Picnic Areas in Forest — Sidewalks and Pads $ 18,500 Wave Pool / Children's Activity Areas Shade Structures $ 45,000 Concrete $ 17,000 Birthday Island $ 20,000 Group Sales Check-In Area, Water & Sewer Connections to Snack Shack $ 15,500 Professional Services $ 9,000 Contingency $ 10,000 Finance Review Source of Funds Acct Number Bonds (GO/Rev.) Sufficient F nds Available Operating Budget reOther �a�t1/ FIMrci Dim-ter Department Hee Signature ' / City '1111 ' ger CITY COUNCIL ACTION IT M Page 1 of t 2 These improvements will be financed on a "pay as you go" basis with available reserve funds allocated for these types of projects. In addition to the Capital Improvements outlined above, staff is seeking approval to research the feasibility of adding a RapidNVave River attraction to the park for the 2000 season. The planning for this attraction should begin as soon as possible by developing a detailed cost estimate based on the features and necessary elements that, when combined will provide an exciting experience. The Park and Recreation Board, at their December 4, 1998 meeting, agreed to forward to City Council a unanimous recommendation to approve the report and recommended capital improvements for the 1999 and 2000 seasons. Recommendation: To approve the report and recommendations for the 1999 and 2000 season and amend the 1998/99 NRH2O Capital Project Budget in the amount of $135,000. Funding will be provided from Aquatic Park Working Capital Reserves. PARKS AND RECREATION FACILITIES CAPITAL IMPROVEMENTS 1999 Aquatic Park Capital improvements No Number Assigned PROJECT DESCRIPTION This project consists of new additions to improve service that the Aquatic Park can deliver to guests. The proposed improvements include shade structures,concrete walks, a second birthday island,and conversion of the tube rental building into a concession outlet PROJECT STATUS Beginning Ending III Date Date Design&Construction 1/99 5/99 FINANCIAL DATA Adopted Change To Revised Total— Funding Source Amount to 1998/1999 1998/1999 1998/1999 ! Remaining Project Date Budget Budget Budget Budget Cost Aquatic Park Working $0 ' $0 $135,000: ' $135,000 $0 $135,000 Capital _ I ' ' Total $0 $0 $135,000! I $135,000 $0 I $135,000 Project Expenditures -'1 I Design $0 1 $0' $9,000: $9,000 $0 $9,000 Construction 0, 0 126,000 126,000, 0 126,0001 1 Total _ - - $01 _ $0 $135,000 $135,000' - $0--- $135,009 IMPACT ON OPERATING BUDGET No additional operating impact is anticipated Projected Annual ' 1998/1999 1999/20001, 1 2000/2001 2001/2002 I1 2002/2.003 $0 $0' 1 $0 $0 $0 il CITY OF • NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date- 1/25/99 Subject Approve Drainage Improvements Proposal for the Agenda Number PW 99-04 Development of Tract 8, Johns Addition The owner of this property, Mr Ronnie Hall, (also the owner of Tri-Steel on Cardinal Lane) recently met with Rex McEntire, Attorney for the City, Kevin Miller, Assistant Public Works Director and Greg Dickens, Public Works Director, along with his attorney, Mr Bryan Arnold Mr Hall would like to build on the property he bought several years ago Staff discussed the last 2-1/2 years of history Mr. Hall has had dealing with consulting engineers and the City on drainage design requirements Based on the latest engineer's drainage analysis per City requirements, the drainage improvements that would have to be installed prior to issuance of a building permit were very expensive and entail offsite construction to the south to Cardinal Lane Mr. Hall feels this is not reasonable. He understands a portion of his lot is considered to be in the ultimate 100-year floodplain, but he does not want to build anything new on that portion, though he does have existing storage structures there Staff discussed the possibility of grading his embankment along his north and east sides of his property to a.4-1 slope and controlling any runoff from his proposed parking lot to prevent flow onto the property immediately to the south Mr. Hall is willing to dedicate as a drainage easement the ultimate 100-year floodplain based on existing grading conditions, install a siltation basin for the proposed parking lot, and execute an agreement with the City for maintenance of the slopes and siltation basin The Attorney for the City feels this could be handled on a case-by-case basis in this area bordered by Main Street and the DART right-of-way to the north, Davis Boulevard to the west, Cardinal Lane to the south, and the Sunnybrook Addition to the east. Each property owner which comes in to plat or obtain a building permit would be required to confirm the ultimate 100-year floodplain and dedicate the floodplain as drainage easement while making any grading improvements necessary and providing for control of siltation. Recommendation: To approve the drainage improvements proposal for Tract 8, Johns Addition as outlined above Finance Review Source of Funds- Account Number Bonds (GO/Rev) _ Sufficient Funds Available Operating Budget Other Faience Director 4 '.art- -nt Head Signature •'ty Manager *Crum Page 1 of - * . �: �� ' r -� m®m FEZ .14111M m1 . - «< a© SM'r,e �0 C EE I i '5 .11'011Eo f / rdl„11 s .1.k, ., . cvNw• oe nun: ' �. B Cn ,. M I _ _ -* ,® . I , a v 1w1®1111 « YAM"aim Slinigni . MIINICIEM, le _ JO r 5 ouch :o �-G�l aid _zo • N . pP P1rwT' st4i. ova 4 4 a , w .7.,a, r.,_mt • , 1 . ,. , , ,2 ci . Si f !I I IS ' ,��.. CW MLL L ' u „ ` ... C✓91NLL Le -. _. _. _ . ce .a 6Wu 6Abw <. u ac . 11.49¢ec XI �_� I ° ] nab ' z w >• MD-CRIES 6LV• M.e n. . r "SAY.."` T4"c 1hID- CISAY.. 3•11.NC - a« .one na '_ iiiip$3 .a 11��1 "1 li.iLb�G cua s, 1 I _ .E.~.N n« .. ,fig n� ; - - —• - a o .� , � _- - 644x 9 r _et /� / 633.0 ".5 Y x$sS5 )64 )� "IAN / .�/ BALL PARK opp, x 1 :::_____ - „541 .9 //lopyarr' * it I aril41 �. �"` 540.2 , �'. ��4.7 x �l ` C ,��. � �_ 643.3 643. MiSf _ _ _ .:✓��r--y a 547.0 i 1 . 1, ` ,4w�� tal, A rr��/'�� Ay_ --* "... i.. / ;#411ialla 40., ,/� alPs g lets* iiiii to-- x NtNiiilippro - 1-14 , 637/2.1 11• :stitirtegiorttarel rii$0. lti A it.''P-Sii.H.Liri aLlais TR.,i-e1/41 ijn 11 1 - ‘ rejir grareaV‘reAl26 1 i INIP Li • r con I l Elate( x C lw� iy f6[ Act ■∎4 ,� Ct �le"(-)) 1 �t� � ' 3>c* Put ,e /-..�: ' 1 Z i9 .,..a. , „, "4111.°444r01 .13_ L__ : 1 _ ___ } • /_...__ L• 8 0 J