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HomeMy WebLinkAboutCC 1999-03-29 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MARCH 29, 1999 —5:55 P.M. For the Special Meeting conducted at the North Richland Hills City Hall Pre-Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Special March 29, 1999 Agenda (5 Minutes) 2. IR 99-036 Polish the Star in NRH and Great American Clean Up (10 Minutes) 3 IR 99-037 Code Enforcement Activities Update (5 Minutes) 4. IR 99-040 Legislative Update (15 minutes) 5 IR 99-038 City Entryway Sign Design Proposal (10 Minutes) 6. IR 99-039 Review Timetable for Placing Sign and Landscaping Ordinances into Zoning Ordinance (5 Minutes) 7. *Executive Session (5 Minutes) — The Council may enter into closed executive session to discuss the following: Consultation with Attorney Under Government Code §551.071 - Meridian vs. NRH 8. Adjournment-6 50 p.m. *Closed due to subject matter as provided by the Open Meetings Law. It-any action is contemplated, it will be taken in open session. 3-ak -q_Q______ 2 C�LaNN q. ysCcm JUL 2 9 2005 J/ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 29, 1999 — 7:00 P.M. For the Special 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 The Academy at Carrie Francis Thomas 3. Pledge of Allegiance The Academy at Carrie Francis Thomas 4. Special Presentations a. Presentation of History Book to City Council — Evalyn Lochridge, Historical Committee Chairman b. Recognition of Sarah Carney, Miss Junior North Richland Hills Teen c. Proclamation - Polish the Star in NRH and Great American Clean Up GN 99-24 d Presentation of 1997-98 Audited Financial Report Page 2 NUMBER ITEM ACTION TAKEN 5. Removal of Item(s) from the Consent Agenda 6. Approval of Consent Agenda Items a.) Minutes of the City Council Work Session February 2, 1999 b ) Minutes of the Special Pre-Council Meeting March 15, 1999 c.) Minutes of the Special City Council Meeting March 15, 1999 GN 99-25 d.) Indemnity Clause for Critter Connection at North Hills Mall — Resolution No. 99-23 GN 99-26 e.) Rejection of Bids for Northfield Park GN 99-27 f) Change Order No. 1 to Dean Construction for NRH2O 1999 Enhancements GN 99-29 g.) Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 99-22 PU 99-16 h.) Award of Bid for Wave Pool Shade Structure to Sun Ports PU 99-17 i.) Award of Contract for Mowing of Rights-Of-Way 7 PZ 99-02 Public Hearing to Consider the Request of Bill Dahlstrom for a Zoning Change from C2-Commercial to PD-Planned Development on Lot 3R1, Block 50, Nor'East Addition (Located at 5205— 5217 Davis Boulevard) Ordinance No. 2368 Page 3 NUMBER ITEM ACTION TAKEN 8. PZ 99-03 Public Hearing to Consider the Request of John Cope for a Zoning Change on Tract 4C4, of the J McComas Survey, A-1040 from AG-Agricultural and R1-Residential to R1S-Special Residential (Located at 6724 Meadow Road and Proposed to be Final Platted as Lot 1, Block 1, Cope Addition) Ordinance No 2377 9. PS 98-62 Request of Jimmy Lopez of Adams Consulting Engineers, Inc., fora Final Plat of Lots 2R Through 6, Block 6, Tapp Addition. (Located at the Northeast Corner of Interstate 820 and Industrial Park Boulevard) 10 GN 99-28 User Fee Cost Recovery Study 11. GN 99-30 Authorize Broadcasting of Pre-Council Meetings 12. GN 99-31 Consideration of Amendment to Sign Ordinance Regarding Political Signs on Public Right-of-Ways — Ordinance No. 2379 13 GN 99-32 License Agreement for Right of Way Usage with Metricom Inc. — Resolution No. 99-25 14. GN 99-33 Appointment of Place 2 on the Teen Court Advisory Board 15. (a) Citizens Presentation (b) Information and Reports 1.) North Richland Hills Newsletter 2.) Upcoming Special Events Page 4 NUMBER ITEM ACTION TAKEN 16. Adjournment 3-0V-614 445 6.. !n- NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:00 o'clock p.m. on the 26th day of April, 1999, at its regular meeting place in the City Hall, 7301 Northeast Loop 820, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage and adoption of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $3,560,000 for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage improvements incidental thereto and the acquisition of land and right-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the city's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A , Local Government Code, Subchapter C of Chapter 271. Patricia Hutson City Secretary City of North Richland Hills, Texas FO_"iED 4141 IINFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-036 Date: March 29, 1999 1 Subject: Polish the Star in NRH & Great American Clean Up In keeping with the recommendations of the Ad Hoc Committee on Code Enforcement , a Proclamation is provided for the Mayor's signature declaring the month of April as "Polish the Star in NRH" month. Homeowners are encouraged to clean up their neighborhoods and help those homeowners who may need special assistance such as those who are elderly and disabled. To celebrate this campaign, the following programs and events are scheduled: • During the month of April, North Richland Hills will be participating in the Great American Cleanup, formerly known as the Glad Bag-a-thon and Texas Trash Off. For the past several years, NRH has participated with the North East Environmental Team to coordinate events with Haltom City, Richland Hills and Watauga. This year, we will be again working with these cities to coordinate clean up events in each of the four cities, ending with a picnic on Saturday, April 24, in Haltom City for all of the staff and volunteers who participate. • The Environmental Services Department will be working with the Beautification Commission to sponsor a clean up event at Rufe Snow and Hightower from 9:00 a m. to 11:00 a.m. on Saturday, April 24 NRH staff and Beautification members will be cleaning up that area of the city. City Council members are welcome to join us in this event. In addition, the Environmental Resource Coordinator is working with neighborhood and community groups to adopt areas in NRH to clean up on that morning. • The NRH Crud Cruiser is scheduled to provide a collection day for households south of Loop 820 on April 17, 9:00 a.m. — noon. A flyer will be mailed to each household detailing the date, time and location and what items homeowners can bring. The collection event will be held on the parking lot of the Fire Complex across from the Environmental Services Building. It is important that we are able to control the number of homeowners who use the Mobile Unit for the first collection event. The unit is designed to coiled waste from 75 to 85 households at one event. • The Beautification Commission will hold a dedication at the location of this year's Trees for Tots planting on Saturday, April 10 at 2:00 p.m . Parents who have requested a tree planted for their child will be invited to attend. The dedication ceremony will be held in the 5500 block of Susan Lee Drive between Circle Drive and Noreast Drive at the entrance to the bike trails. The above listed events are a cooperative effort between the Environmental Services Department, the Beautification Commission and the North East Environmental Team and through this collaborative effort we hope to encourage our citizens to "Polish the Star in NRH". Res ectfully S bmitted: /� 42 'n Gt.icfr a9'S `am Burney, Environment ervices Director irim ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-037 Date March 29, 1999 Subject. Code Enforcement Activities Update On Monday's regular meeting there is a proclamation and an IR that lists numerous activities that will be occurring during the month of April as it relates to beautification and environmental issues. The month of April is historically the time of year that numerous groups and organizations do "spring cleaning" and other activities to beautify their surroundings as well as protect the environment. With the recent recommendations of the Code Enforcement Ad Hoc Committee and the on- going activities of city staff I have listed several of the proactive steps that city staff is performing or will soon be exploring. Some of these proactive steps are a direct result from the input of the Ad Hoc Committee Below is brief listing of these activities' • Develop New Brochure outlining the current codes with a customer friendly approach. • Develop "Did You Know" Door Hangers to notify citizens of potential problems. • Encourage City Employees that work areas where they spend considerable time on our city streets to remove advertising signs on utility poles. • Plan for a month long clean up event to coincide with the Texas Trash Off and Great American Cleanup events. • Use City Newsletter, articles in local papers, infomercials on City Cable, etc , to get the message out about general Code Enforcement issues • Use Citizens on Patrol as ambassadors to neighborhood, providing them with special brochures and door hangers. Also, I have included some statistical information on the activities of the Code Enforcement department. This information is not all inclusive but rather lists the major topic areas for the department. During the past year the city responded to 398 complaints/violations for front yard storage and over 600 complaints for high grass and weeds. Also, nearly 315 complaints for inoperative vehicles as well as 520 complaints for unpleasant premises. Total department complaints were in excess of 2,500. In a test case in one area the city received nearly 90% voluntary compliance without having to issue any citations. The city will continue to explore creative ways to gain compliance voluntarily rather than to seek relief through the court system Afterall. gaining compliance is the intended goal not a court fine. Respectful I bmitted, ••�y ' /Ls Steve Norwoo. Assistant City Manager am ISSUED BY THE CITY MANAGER Nowl NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-040 Date Wednesday, March 24, 1999 Subject Legislative Update Several legislative issues of concern.to the City of North Richland Hills are now on the House and Senate floor or have gone to committees in the 76th Texas Legislative Session in Austin. There are also national issues that often affect the City As these issues are brought up for discussion, City staff members will be closely monitoring the progress of these issues, updating the Mayor and City Council at each Pre-Council meeting if necessary and will be seeking a consensus on whether to support or oppose legislation as recommended by staff. Although many of the issues are brought forth quickly and may even be considered, acted upon, or killed before the City has a chance to make a position, it will be our attempt to take a position on the items affecting North Richland Hills promptly and clearly to our legislators. In order to accomplish this, Department Directors will be tracking the items pertaining to their departments and forwarding that information to the Communications Department with appropriate position statements, and or letters of support or opposition for the review of the Mayor and City Council. Those letters will then be forwarded to the proper legislators Attached is an NRH Legislative Update Newsletter that briefly outlines the bills of concern and a brief description of the issues. Department Directors have included their support or opposition to each of the proposed bills. Department Directors with issues at hand will be present at the Pre-Council meeting to answer any questions the Mayor and Council may have concerning the proposed legislation. Respectfully submitted, A fF v Donna Huerta Communications Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Important State Issues (con't) Pending Legislation Dept Position in committee in calendars on floor IQ 2848-Water MSWgs-Prohibit water district from Including or PUCK Works Support a.dng airy portion Ss cityWINn to dieted*Mout MO consort HG 2884-Public Worts Con tracts-/JIM olOPS more NlWBry to await NOW Works Support contracts based on contractors performance as opposed to Iw'hid ' 1117 2845-Impact P Us-Ptm[M mrtlnuaton of Warmer tee'pmc NellcwyuI CyPose- -- - est to water and wastewater more Irma consuming and increase the coo suNm fees for Mel studies awl for-mup studies 58141.Gn uJllnes Surcharge-Mows Gn hmpanyto Impose sur. Put&Woos oppose, Charge or cites to reamer costs aewaMed with ON relocation of us Ably fealties for wiMUCtlw Or Improvement of highways.roam streets or eallemerblre work Staff will attempt to update Mayor and Council on each of these items immediately prior to the Pre-Council Meeting by checking the boxes in the three right columns. • Important State Issues vole o. Several issues of concern to the City of North Richland Hills are now on the floor for discussion,or March 1999 have gone into committees in the 76th Legislative Session In Austin.Following is a listing of the House Bills and the Departments monitoring them. A brief outline of each of the bills and the City staff's posi- tion on each is provided on the following pages. CO Position papers and necessary letters of support or dissent will be prepared for the City Council as necessary. * ME A Legislative Update will be presented at Pre-Council Meetings and staff will be seeking a consensus from the CZMayor and City council on these issues. P17:: 76th Texas Legislature P.111 State Legislation Affecting NRH Pending Legislation Dept. Position in committee calendars on floor HB 2673-Peace Officer Training-Change from 40 P0L10E Support hrs.of training every 24 months to 20 hrs.every 48 mos. HB 1000&HB 1246-Arrest Warrants-Providing Police Oppose ilillid affidavits at time of arrest as public information. H8 2654-Ordinances-Requires that city ordinances Public Works& STRONGLY expire 10 years after adoption unless readopted prior to City Attorney Oppose Its 10th anniversary. I H H8 2259-Dangerous Wild Animals-Allows cities/ Environ.Services Support counties to regulate dangerous wild animals. HB 1059- Law Enforcement Inspection of Amuse- Parks&Rec Oppose ment Rides-Allows law enforcement officials to shut down rides If"unsafe." r lir Pillaill HB 317 - Amusement Park Ride Responsibilities- Parks&Rec Support defines responsibilities of riders and operators. HB 1642-"Grandfathering"TI Fs-Discontinues pen- Eco.Dev. Support ._. • alty to school districts in which Tax Increment Financing Is available. C.) m HB 1673&SB 691-Creation of Public Library Fund- Library Support CC tig) ' Authorizes the state to establish a permanent endow- ,„,, ment fund flowing directly into local public libraries. _ a HB 1433&SB 692-TexShare Resource-Sharing Library Support i"' Program- Permits public libraries to participate In Ct '??' TexShare,a library resource-sharing consortium. o SB 679&HB 1704-Permits- Re-enacts"permit Public Works Oppose Z vesting"1987 statute that could prohibit the city from enforcing new policies and procedures on old platted {li. property that did not develop. o HB 1755-Utility Districts- Requires that a city con- Public Works Oppose sent to the formation of a district. >. 1.". Public 504&HB 1283-General Discharge Permits- Public Works Support C) Streamlines Storm Water Permitting process with TNRCC. HB 1891(Giddings)-Sanitation Ordinances-Estab- Public Works Oppose fishes stricter compliance requirements on persons violating City sanitation ordinances. Police Issues HB 2673(Keel)-Peace Officer Training. The Police Department is currently required to vain each peace officer 40 hours every 24 months Ithe bill has it stated incorrectly/and support the House Bill that changes that to training that would total 20 hours of training every 46 months Staff supports this legislation SB 1000(Wentworth) Attest Warrants-This bill would require a peace officer making an arrest to show the arrestee any affidavit filed with a magstate that is related to issuance of the arrest warrant,and would make arrest warrants and supporting affidavits public information immedi- ately after the arrest warrant is executed Companion Bill H.B.1246(Keel). The reason we dissent from support of this Bill is that the Police De- partment often serves arrest warrants that originate from remote locations(out of town,out of County.out of State.etc)and the affidavit may not be available to us Our own arrest warrant affidavits that originate in our Municipal Court are not available to us readily This Bill would pose some serious problems Staff opposes this legislation City-Wide Issues HB 2654-Ordinances-This would require that 111 a city ordinance,order,rule,or regulation expires on the 10th anniversary of its adoption,(21 a rap could readopt any act before its expiration if the city determined the ordinance,order.rile,or regulation is necessary or desirable for the operation of the City and(l these provisions would not apply to city charter provisions or to any ordinance or order authorizing the Issuance of bonds,notes or other debt instruments Staff opposes this bill because it would cause an incredible amount of work for the city to readopt ordinances still needed after 10 years of existence Environmental Services Issues HB 2259-Dangerous Wild Animal Bill. This bill will allow municipalities to regulate these animals plus it mandates a county to do this if there is no city agency Last session Texas Parks and Wildlife bargained away the permit system for these animals-lions,tigers,bears,etc and cur- rently there are no resthctions or limitations on keeping these animals as pets This Bill will restore some authority and allow for prohibition if cit- ies and counties so choose Staff supports this leaslabon Parks & Recreation Issues HB 1059-Amusement Rides-is a bill that amends the Texas Insurance Code(Aide 21 60) The original bill created the ability for municipal, county or state law enforcement oficials to act as inspectors for amusement ndes It also gives them the authonty to shut a nde down if in their opinion"operation of the amusement nde,conduct of the operator or any other circumstance causes the law enforcement official to reasonably believe that the amusement nde is unsafe or the safety of a passenger on the amusement nde is threatened'This wording was unacceptable to NRH2O It also has some other changes such as raising insurance limits and a few other minor changes that NRH2O is in agreement with or does already HB 1059 was amended before being discussed in committee The changes to the bill exempted fixed nde operations with over 200,000 guests in attendance annually NRH2O is this type of facility So the result is law enforcement officers may enter and inspect,but have no authonty to suspend operations Staff Oprxases this legislation unless the a request to Rep Keel lauthor)to lower the 200 000 attendance number to 150 000 or 175 000 is included This will enable us to receive the exemption in a season follovnng a poor attendance year 118 317-Amusement Ride Responsibilities-provides for responsibilities of both operators and participants of amusement park ndes The definition of amusement rides has been expanded to include"any water-based recreational attraction such as a water slide or wave pool' The burden is placed on the operator to Inform a nder of"any factors a person might reasonably need to determine whether to parbapate in the ride and any rules of conduct the operator expects a person to obey while participating in the nde' We currently do this through signage The duty of patrons is that they must"obey posted rules and oral instructions provided under Section 761 002' It further states what nders cannot do(get on the nde a location other than the entrance,get on the ride if a physical condition may be aggravated by the rde,disconnect or disable any safety device,throw any object from the ride,act in any manner contrary to posted signs while on the nde.engage in reckless activity or alter the speed of the ride or attempt to gain control of the ride intended for use by the nde operator It also provides that a person may not board a ride while in- toxicated and that an operator may prevent a rider from entering an amusement ride without fear of being liable either cnminally or Civilly Park operators are responsible for posting signage in conspicuous locations stating that'state law requires an injured person to report any injury the person believes was sustained on an amusement ride at the park'The Penalties for violating either the'Duties of Operator,tubes of Patrons' or Intoxication'sections of this bill are considered a Class C misdemeanor The penalty of a Class C misdemeanor as defined under Section 12 23 of the Texas Penal Code is a fine not to exceed$500.Staff supports this legulaton Staff will also continue to monitor the two bills through the final vote and is prepared to return to Austin for additional hearings,etc that may occur to ensure that the final version of the bills are accept- able to NRH20 and the City of North Richland Hills Economic Development Issues HB 1642- TIF Grandfathering-Under current law,all property value that flows into a TIF after September 1, 1999,would result in a penalty to the local school disc ct in which the TIF is located Rep Scott Hochberg's(Democrat-Houston)bill would reverse that outcome so that ISOs would not be penalized even for property value that accrues in the TIF after September 1,1999.as long as the financing plan is in place pnor to that date Recommended Position That the City Council endorse HB 1642 and grant authonty to City Staff to communicate support on the City's behalf. VOLUME I, ISSUE I Papa Library Issues HB 1673 (Pitts)would authorize the creation of the Public Library Fund The companion Senate Bill is SB 691 (Lucio) The bill was reported fa- vorably by the House Committee on State, Federal and International Relations, and the Committee Report was sent to the House Calendars Committee on March 22 The companion SB 691 has been assigned to the Education Committee If this bill becomes law, it will authonze the state to establish a permanent endowment fund The proceeds of the fund will flow directly to local public libranes in the state for the purchase of books and in the form of matching grant for public library construction Texas is currently one of only 13 states that does not provide any direct funding to local public libranes This lack of state participation is in large part responsible for Texas public libranes ranking 46°i in the nation in public library funding per capita The Public Library Fund would provide additional funding to operate our library without ceding any local control to the state HB 1433 (Hunter) would permit public libranes to participate in TexShare, an important(and cost-effective)library resource-shanng consortium that has so far been restricted in statute to the 174 two and four year colleges and universities in the state The companion Senate bill is SB 692 (Woo) HB 1433 was reported favorably by the State Federal and International Relations Committee,and the committee report was delivered to the Calendars Committee on March 22 Senate Bill 692 has been referred to the Education Committee There has been some action in both the House Appropnations and Senate Finance Committees to earmark additional funds for TexShare to help make these changes possible Public Works Issues SB 679(Shapiro)S HB 1704(Kuempel)- Permits: Would provide that,with some exceptions (1)a city shall process a permit application us- ing the rules,regulations,ordinances,and other cntena that were in force when the application was filed. (2)if a senes of permits is required for a project,a city shall process all permit applications in that senes using the rules,regulations,ordinances,and other cntena that were in force when the application for the first permit was filed,and(3)the provisions of the bill shall be retroactive to September 1, 1987 (Note this bill would re- enact the so-called'permit vesting'statue that was passed in 1987 without a heanng and without debate through the use of an eleventh-hour par- liamentary maneuver It was inadvertently repealed in 1997) Companion bill is S.B. 679 by Shaolro H B 1704 is similar to-but not identical to-H.B. 1287 by Hilderbran SB 679 (Shapiro): this bill is the companion of H B. 1704 Please see description above Response Oppose This bill would re-enact the so-called'permit vesting'statue that was passed in 1987 without a heanng and without debate through the use of an eleventh hour parliamentary maneuver It was inadvertently repealed in 1997 This is not needed It could stop the City from enforcing new poll- aes and procedures on old platted property that did not develop HB 1755(R. Lewis)-Utility Districts: would provide that current requirements that a city consent to the formation of a distract in its ETJ would not apply to a political subdivision created by an act of the legislature Response: Oppose Takes away the citys rights to object to formation of a utility distribution in its Extra Temtonal Junsdotion(ETJ). SB 504(Brown) -General Discharge Permits: would provide that(1)the TNRCC may issue a general permit for the discharge of any amount of storm water, (2) a general permit may authorize discharging as soon as the discharger files a notice of intent, and (3)a general permit may eliminate the notice of intent requirement under certain circumstances Companion bill is HB 1283 by Counts HB 1691 (Giddings)-Sanitation Ordinances' would(1)require a person to comply with municipal sanitation ordinances within 7 days of receiv- ing a notice of a violation,(2)allow personal delivery of the notice alleging a violation of a city's sanitation ordinances,(3)establishes criteria for a city to meet due diligence requirements in giving notice to property owners who violate city sanitation ordinances,and(4)allows cities to adopt an administrative adjudication process for disposing of cases relating to dilapidated houses or dangerous structures NB 2648 (Madden)-Water Districts: would prohibit a general or special water disthct from including any portion of a city within the district un- less the dtsthct receives the wntten consent of the city:and would prohibit a district from adding any land located within a city into the disidct with- out the written consent of the city Response. Support. This would control water districts expansion into a city's boundary HB 2884 (Bailey) - Public Works Contracts: would (1)require a business submitting a bid or proposal to a governmental entity for a public works contract to provide detailed information regarding the business'pnor contracting history with public entities, (2)allow a governmental entity to consider a business'past performance on public works contracts in determining the lowest and best bid or proposal;(3)prohibit a city from re- Winn to award a public works contract to a business that have previously filed for bankruptcy, (4)allow the governmental entry to consider a business'past the financial resources of a bidder and deny a bid if the governmental entity determines the business does not pnswss the finan- cial resources to successfully perform the contract,and(5)remora each subcontractor who contracts directly with the Anne contractor on a public woks coifed to execute a performance and payment bond Response' No opposition Would give the city more legal foundation to award bids on basis of contractors performance history and not solely on lowest bid amount MB 2045(Brimer)-Impact Fees: would provide that.(1)a'service unit'for the purpose of calculating and impact fee,must be a measure es- tablished by the Texas Natural Resource Conservation Commission. (2) the capital improvements plan on which Impact fees are based must identify the total revenue generated by new development, including sales taxes, property taxes, and so on, (3)impact fees must be collected at the time of hook-up to the water Of sewer system or at the time the city issues either a building permit or certificate of occupancy, whichever is later, (4)the city must inform the homeowner of the amount of impact fees assessed, (5)excess revenue generated for an enterpnse fund must be spent on capital improvements or facility expansions,and(6)an update of the land use assumptions and capital improvements plan does not constitute a new impact fee,extend the refund penod,or extend the penod of time during which duties must be performed under Section 395 071 of the Local Government Code.Response: Oppose Will make the continuation of the'impact fee"process for water and wastewater more time consuming and increase the consultant fees for initial studies and re-studies SB 741 (Armbrister)-Gas Utilities' would allow a gas utility to impose a surcharge on gas volumes sold or transported to customers to recover the costs associated with the relocation of a gas utility facility relocated to accommodate the construction or improvement of a highway, road, street,or other public work done on behalf of the United States,the state,or a political subdivision of the state Companion bill is H B 1985 by R Lewis Response: Oppose Let the gas company include justified costs in their normal rates Page 4 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-038 Date: March 29, 1999 Subject City Entryway Sign Design Proposal The City Council, at their November 17, 1998 Work Session with the Beautification Commission, requested the Beautification Commission provide input on City entryway signage. The Parks and Recreation Department implemented a standard entry signage program for all City parks, trails and recreation facilities. Our citizens have been very complimentary regarding these aesthetically pleasing and recognizable entry signs. Proposed signage designs were prepared by staff and presented to the Beautification Commission at their December 15, 1998 meeting. Based on the park entry signs, the City entry signs reflect similar design characteristics, but include more prominent elements such as cut stone, tubular steel, lighting and space for attaching decorative banners. Computer-generated images of the proposed sign are attached. The Commission unanimously approved forwarding the proposed signage design to the City Council for consideration. Depending on the space available at the potential locations throughout the City, two sign designs have been developed to accommodate specific location constraints. Additionally, the column mast with banner attachment can be constructed at various median locations enhance our streetscape. The estimated cost of the proposed signs is as follows: Larger Sign $25,000 Smaller Sign $18,000 Column Mast $10,000 The price for installation of the signs will vary depending on the number of signs bid at one time and the site-specific electrical and irrigation costs. If the City Council concurs with the recommendation of the Beautification Commission to adopt the proposed signage design, potential locations will need to be evaluated as a part of the future City Streetscape/lmage Study to ensure the most appropriate locations for these signs. If the Council desires to construct a sign prior to completing the Streetscape/Image Study, the City Hall would be an ideal location for an initial installation. However, the cost of installing only one sign, as compared to bidding multiple signs, would not be an indication of the true cost of the signs. Respectfully Submitted Jim Browne Director of Parks and Recreation a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NRH — est. lit A 441 r N * RTH rt1c H LAND HILLS , ` y I ! tr • 0 . , NR --' est. 11 ---� `, N KT H 1.7 t I� l H LAN D of IIILLS i V 0 ■ I . O NRH w 10c� OR T t H A 1 t NM . , KILHLANL H : l l ■ o r 1 ►_a ••l ._ .r ., r- ,$$81 1 T 1 . 1 T • 1 6 , \ , % , . !SIN ,„.op, .? ■.*.I' • ,* • . ;, ,. 14' x: tr•, • • • r r • N •� , ‘ril -, II. -'-'1111"re 4*r \I 4 ' ' , • 'Mg ti . ,. I; 1 • I • • rr♦ • i. io 111111111111110 i • f! _a t : • art..• ••ey.VP • t PO? . 0 .• .ti. .. •..•444..4-4•....p.••„►_ • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-039 Date March 29, 1999 Subject Review Timetable for Placing Sign and Landscaping Ordinances into Zoning Ordinance At the March 15, 1999 Council meeting, Councilman Matt Milano stated in his motion for adopting the sign and landscaping ordinances to begin the process to reincorporate these two ordinances into the Zoning Ordinance. Staff would appreciate a clarification as to the time line in which Council wishes to do this The questions we would appreciate clarification of are as follows: 1. Do you wish to proceed with official action now to place the recently adopted sign and landscaping ordinances into the Zoning Ordinance, or 2. Do you with to complete Phase II of the sign and landscaping ordinances and once adopted by City Council, then proceed with placing these two ordinances into the Zoning Ordinance? To make the sign and landscape ordinances a part of the Zoning Ordinance, it will require an official publication in the newspaper along with a Public Hearing to amend the Zoning Ordinance to incorporate them into the Zoning Ordinance. This Public Hearing will first be before the Planning and Zoning Commission and following their hearing and recommendation, a second Public Hearing and ordinance would have to be held and acted upon by the City Council. If Council desires to proceed with number 1 above, then staff needs to proceed with publishing the Public Hearing notice and amendment to the Zoning Ordinance to incorporate the present sign and landscape regulations into that ordinance. The earliest that this could be accomplished would be a Public Hearing and recommendation by the Planning and Zoning Commission at their April 8th meeting. If this occurred then the City Council could hear the recommendation of the Planning and Zoning Commission, conduct the Public Hearing and take any action it desired at the April 26t" Council meeting. If Council chooses to proceed with number 1 above prior to completing the process on Phase II, the Phase II study and recommendations would be done by the Planning and Zoning Commission versus the City Council and Staff. Staff would appreciate direction on how to proceed and at what time on taking the sign and landscaping ordinances and incorporating them into the zoning ordinance. Respectfully submitted, Q Cpl�CLw La unningham J City Manager LJC/Id a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, the quality of life in a community is enricheD 1 i the maintenance of its environment•, ant' WHEREAS.NRH resiDents are encouraget to POLISH THE STAR IN NRH During the month of April ant'to participate in the GREAT AMERICAN CLEANVP on April 24. 1999: ant' WHEREAS, the North Richlant' Hills Beautification Commission.Northeast "� n Environmental Team, Environmental Services Department. Planning ant' Inspection 1'.. S Department, ant' CoDe Enforcement AD-Hoc Committee have issueb a challenge to all NRH resiDents to participate in a cleanup of North RichlanD Hills: ant' WHEREAS, the City of North Richlant' Hills ant'its resiDents have accepteD that challenge ant' plan to participate in the POLISH THE STAR IN NRH campaign anti the GREAT AMERICAN CLEANVP; ant' WHEREAS. our resiDents are well known for their priDe ant'volunteer commitment to improving the community. NOW THEREFORE. I. Charles Scorns. Mayor of North Richlant' Hills. Do hereby proclaim the month of April as POLISH THE STAR IN NRH ant'. Saturt'ay. April 24. 1999 as GREAT AMERICAN CLEANVP Day in NRH ant,Do encourage all citizens to grab a bag ant'help POLISH THE STAR IN NRH. IN WITNESS WHEREOF. 1 have hereunto set my hanD anti causeD the seal of the City of North Richlant' tj LI Hills to be affixeD this the 29th bay of March. 1999. t 1.1 tl�r l: � arles Scoma. Mayor CITY OF NORTH RICHLAND HILLS Department Finance Council Meeting Date 3/29/99 Subject Presentation of 1997-98 Audited Financial Report Agenda Number GN 99-24 The results of the 1997-98 Annual Financial Report for the City will be jointly presented by Finance Director Larry Koonce and a representative of the independent audit firm of KPMG Peat Marwick Larry Koonce will review the year-end results and fund balance data for the various Funds (General, Enterprise, etc ) as well as other financial impacts The representative from Peat Marwick will present the overall results, new reporting requirements, and be available to respond to questions regarding the report The auditor's opinion differs slightly from past years. The Governmental Accounting Standards Board (G.A.S B ) Technical Bulletin 98-1, Disclosures about Year 2000 Issues, requires disclosure of certain matters regarding the year 2000 issue While the City has included disclosure of its preparation for Y2K in Note 16 of the financial statements, the G.A.S B has determined that because of the unprecedented nature of Y2K, that the effects and success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. The G.A.S.B. further requires that the auditors' report state that they do not provide assurance that the City is, or will be year 2000 ready. This statement is made in paragraph three of the attached letter. This disclaimer is standard for all independent auditors' reports issued to governmental entities in 1999. Paragraph four of the letter goes on to state that in all other respects the City's financial statements present fairly the financial position of the City as in past years. Included in the Council packet is a copy of the financial report and attached to the cover sheet is a summary of the various City Funds showing the results of the changes in Fund Balances from 1997 to 1998. The City exceeded its budgeted goals for fiscal year 1998 adding nearly $7 million to Operating Fund Balances citywide These fund balances are designated for future use in the City's long range plans to complete capital projects and protect the City's investment in its infrastructure. Overall, the City of North Richland Hills' results of operations during the 1997-98 fiscal year, as well as the financial position at year-end reflect a sound fiscal condition RECOMMENDATION To accept the 1997-98 Audited Financial Report as presented Finance Review Source of Funds Account Number Bonds(GO/Rev ) Suffice t Funds Avanaoie Operating Budget ywl I Other / `.c-, Finance Director FMAJ Department Head Signature ' F ity Manager j ure City of North Richland Hills Final Audited Figures Fiscal Year 1998 FUND BALANCE SUMMARY Fund FY 97 Balance FY 98 Balance Change General Fund Reserved for Encumbrances, Advances to Other Funds & Inventories $ 581.148 $ 663,727 Restncted for Incentive Program $ - $ 111,000 Unrestricted $ 4 186 529 $ 4 852 969 Total General Fund Balance $ 4,767,677 $ 5,627,696 $ 860,019 Promotional Fund ' $ 192,776 $ 176,823 $ (15,953) • Drawdown of Funds to be repaid through the sale of NRH History Books in FY 1999 Donations Fund $ 215,938 $ 322,023 $ 106,085 Special Investigation Fund $ 66,596 $ 77,134 $ 10,538 Drainage Utility Fund $ 202,085 $ 296,601 $ 94,516 Parks 8 Recreation Facilities Development Fund Reserved for Park Capital Projects $ 1,108,118 $ 2,165,472 $ 1,057,354 Crime Control District Fund Reserved for Transition (2001) $ 1,000,000 $ 1,600,000 Reserved for Public Safety Computer $ 767 780 $ 192 423 Total CCD $ 1,767,780 $ 1,792,423 $ 24,643 Water 8 Sewer Fund Working Capital $ 5,058,502 $ 7,433,030 $ 2,374,528 Golf Fund Working Capital ** $ 678,289 $ 612,556 $ (65,733) "Drawdown of Working Capital represents funds used for Golf Course Improvements Aquatic Park Fund Working Capital Reserved for Infrastructure Maintenance $ 644,293 $ 867,944 Reserved for Master Plan Improvements $ - $ 583,113 Reserved for Park Insurance $ 195,000 $ 195,000 Total Aquatic Park Fund Balance $ 839,293 $ 1,646,057 $ 806,764 Support Services Fund Building Services Reserved for Multi Year Building Upkeep Plan $ 103,279 $ 472,779 $ 369,500 Equipment Services Reserved for Multi Year Equipment Replacement Plan $ 308 297 $ 842 79'1 $ 534 496 Total Support Services Fund $ 411,576 $ 1,315,572 $ 903,996 Insurance Reserve for Claims & Premiums $ 1,338,795 $ 1,774,273 $ 435,478 Information Services Reserved for Computer Replacement $ 807,915 $ 780,935 Reserved for Telephone System Replacement $ - $ 410 000 Total Information Services $ 807,915 $ 1,190,935 $ 383,020 Total Change in Fund Balances FY 1998 $ 6,975,255 Independent Auditors' Report The Honorable Members of City Council City of North Richland Hills,Texas: We have audited the accompanying general purpose financial statements of the City of North Richland Hills, Texas (the City), as of and for the year ended September 30, 1998, as listed in the accompanying table of contents. These general purpose financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis,evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Governmental Accounting Standards Board Technical Bulletin 98-1, Disclosures about Year 2000 Issues, requires disclosure of certain matters regarding the Year 2000 issue. The City has included such disclosures in Note 17. Because of the unprecedented nature of the Year 2000 issue, its effects and the success of related remediation efforts will not be fully determinable until the Year 2000 and thereafter. Accordingly, insufficient audit evidence exists to support the City's disclosures with respect to the Year 2000 issue made in Note 17. Further,we do not provide assurance that the City is,or will be,Year 2000 ready, that the City's Year 2000 remediation efforts will be successful in whole or in part, or that parties with which the City does business will be Year 2000 ready. In our opinion, except for the effects of such adjustments, if any, as might have been determined to be necessary had we been able to examine evidence regarding Year 2000 disclosures, the general purpose financial statements referred to above present fairly, in all material respects,the financial position of the City as of September 30, 1998,and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated March 12, 1999 on our consideration of the City's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations,contracts and grants. As discussed in Note 8 and Note 13 to the general purpose financial statements, the City has adopted the provisions of Government Auditing Standards Board Statements No. 27, Accounting for Pensions by State and Local Governmental Employers, and No. 32, Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans for the year ended September 30, 1998 Our audit was performed for the purpose of forming an opinion on the general purpose financial statements of the City taken as a whole. The combining and individual fund and account group financial statements and schedules and the schedule of required supplementary information listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. The Schedule of Funding Progress on page 53 is not a required part of the general purpose financial statements of the City, but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit this information and express no opinion on it. The supplemental information as listed under the statistical section in the table of contents has been summarized from the City's records and was not subjected to the auditing procedures that were applied to the general purpose financial statements. Accordingly,we express no opinion on such information. March 12, 1999 2 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 — FEBRUARY 2, 1999 —6:00 P.M. 1. CALL TO ORDER Mayor Scoma called the work session to order February 2, 1999 at 6:00 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 Steve Norwood Managing Director Development Svcs Patricia Hutson City Secretary Rex McEntire Attorney Greg Dickens Public Works Director Marty Wieder Economic Development Director Donna Huerta Communications Director Ed Dryden Building Official Mike Curtis Assistant Public Works Director Christopher Baker Planner 1. DISCUSSION OF RECOMMENDATIONS FOR SIGN AND LANDSCAPE REGULATIONS Mayor Scoma advised that the purpose of the work session was to review the information provided to the Council by the Land Use Ad Hoc Committee in its report on January 12 and the input received from the Planning and Zoning Commission, the Beautification Commission and the Park and Recreation Board He explained that they would follow the Ad Hoc Committee's report in the order that it was presented to the Council. He explained the process that would be followed for the Council to arrive at a consensus on each of the recommendations as they apply to new development and developed areas. City Council Work Session Minutes February 2 1999 Page 2 Several of the Council Members questioned why the Council did not receive Staff recommendations and input on the recommendations. They were of the understanding that staff would review the recommendations and suggestions of the Ad Hoc Committee, the Planning and Zoning Commission, the Beautification Commission and the Park and Recreation Board and formulate some recommendations to present to Council for consideration There was discussion as to why Staff did not provide the Council with Staff recommendations They were advised that Staff stopped working on recommendations when the Mayor discussed with the City Manager that he would like to go through the process that was outlined earlier in the meeting. Staff did not see the need to continue the formulation and reviewing of the recommendations. The Mayor advised that he misunderstood and did not realize that Council was expecting recommendations from the Staff The Mayor explained that he thought the Council would consider each of the recommendations from the Ad Hoc Committee individually and then Staff would take Council's input along with the input from the Boards and Commission and bring an ordinance or recommendations back to the Council. There was extensive discussion by several of the Council Members on their expectations to receive Staff input. The consensus of the Council was to terminate the workshop and for Staffs recommendations to be formulated and brought to the Council. It was felt that top priorities were new developed areas. Staff felt they would be able to bring additional recommendations in ordinance language form back to the Council by February 22. A member of the Council suggested that input was also needed from the business community and the North Richland Hills Economic Development Advisory Committee ADJOURNMENT Mayor Scoma adjourned the work session at 7:57 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— MARCH 15, 1999 — 6:00 P.M. Present Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E Welch Councilman Frank Metts, Jr Councilman JoAnn Johnson Councilwoman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Larry Cunningham City Manager Randy Shif let Deputy City Manager Steve Norwood Managing Director Development Servs 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 Larry Koonce Finance Director Donna Huerta Director of Communications Ed Dryden Building Official Mike Curtis Asst. Public Works Director Marcy Ratcliff Planning/Inspection Director Larry Koonce Finance Director Jim Browne Park and Recreation Director Thomas Powell Director of Support Services Absent: Russell Mitchell Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p m. Mr. Cunningham introduced to the Council the new Director of Planning. Ms. Marcy Ratcliff. DISCUSS ITEMS Agenda Item No. 18 — SRC 99-02 —Councilman NAN FROM SPECIAL Metts questioned why the applicant would withdraw MARCH 15, 1999 his request. Staff explained that if the City Council AGENDA adopts the proposed Sign Ordinance tonight, the variance will not be necessary and the applicant will withdraw his request for a variance. City Council Minutes March 15, 1999 Page 2 ITEM DISCUSSION ASSIGNMENT IR 99-34 PRE- ' Councilwoman Johnson and Councilman Metts NAN ' COUNCIL explained their reasons for requesting that this item BROADCAST ' be placed on the Pre-Council Agenda. Councilwoman Johnson would like for the citizens to have the opportunity to view the discussion that takes place in Pre-Council. Councilman Metts felt the televising of Pre-Council would eliminate concerns of deliberation taking place in Pre-Council prior to the regular meeting The Council discussed the four options that were presented on the IR. The Mayor felt that if the philosophy was to expose to the community the discussions that take place in Pre- Council, it could apply also to any pre-committee meetings (Parks Board, Beautification Board, Library Board, etc ) The Mayor advised that because this was not a budgeted item, it would need to be placed on a future agenda for action if the Council wanted to pursue it. If any Council member would like the ' broadcasting of Pre-Council meetings placed on an agenda, to get with the City Manager for placement on an agenda. SRC 99-02 SIGN This item was discussed earlier in the Agenda with NAN VARIANCE TO THE Pre-Council Agenda Item No 1 (Discussion of Items MAXIMUM SIGN from March 15, 1999 Agenda) AREA FOR DIRECTIONAL SIGNS AT 6624 AND 7201 INDUSTRIAL PARK BOULEVARD ADJOURNMENT Mayor Scoma announced at 6:20 p.m. that the City TO EXECUTIVE Council would adjourn to Executive Session for SESSION Consultation with the Attorney as authorized by Government Code Section 551 071 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 — MARCH 15, 1999 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order March 15, 1999 at 7 00 p m ROLL CALL Present: Charles Scoma Mayor Don Phifer Mayor Pro Tern Lyle E. Welch Councilman Frank Metts, Jr. Councilman JoAnn Johnson Councilwoman Matt Milano Councilman Cheryl Cowen Lyman Councilwoman Absent: Russell Mitchell Councilman Staff Larry Cunningham City Manager Randy Shiflet Deputy City Manager Steve Norwood Assistant City Manager Patricia Hutson City Secretary Greg Dickens City Engineer Rex McEntire Attorney 2. INVOCATION Invocation given by Mayor Scoma 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS None Special City Council Minutes March 15, 1999 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 6. APPROVAL OF CONSENT AGENDA ITEM(S) APPROVED A.)MINUTES OF THE PRE-COUNCIL MEETING FEBRUARY 22, 1999 B.)MINUTES OF THE CITY COUNCIL MEETING FEBRUARY 22, 1999 C.)MINUTES OF THE CITY COUNCIL WORK SESSION FEBRUARY 25, 1999 D.)APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES CONTRACT— RESOLUTION NO. 99-18 E.) REPEAL ORDINANCE NO. 1759 AND REMOVE THE NO PARKING ZONE ON BURSEY ROAD — ORDINANCE NO. 2371 F.) APPOINTING ALTERNATE PRESIDING JUDGE FOR MAY 1, 1999 JOINT CITY COUNCIL/BISD ELECTION — RESOLUTION NO. 99-17 G.)VACATE DEDICATION OF EASEMENT—ORDINANCE NO. 2372 H.)AWARD BID FOR ROOF MAINTENANCE & REPAIR TO PARAGON ROOFING IN THE AMOUNT OF $59,992 I.) AWARD ANNUAL CONTRACT TO PRINT TIME OF YOUR LIFE BROCHURE TO DALLAS OFFSET, INC — RESOLUTION NO. 99-21 J.) AUTHORIZE PURCHASE OF DEFIBRILLATOR/MONITORS FROM PHYSIO CONTROL IN THE AMOUNT OF $31,861 K.)AWARD BID FOR HVAC REPLACEMENT TO AIRWISE HEATING & AIR IN THE AMOUNT OF $15,950 L.) MAJOR COMPUTER SYSTEMS HARDWARE MAINTENANCE — RESOLUTION NO. 99-19 Councilwoman Johnson moved, seconded by Mayor Pro Tern Phifer, to approve the consent agenda. Motion carried 6-0. Special City Council Minutes March 15, 1999 Page 3 7. PS 99-02 CONSIDER REQUEST OF TRADEMARK RETAIL, INC., FOR A FINAL PLAT OF LOT 1, BLOCK 1, NORTHEAST CROSSING ADDITION. (LOCATED AT 6091 PRECINCT LINE ROAD) APPROVED Ms. Marcy Ratcliff, Director of Planning, gave staff summarization. Mr. Tony Chron, applicant, was present to address questions from Council Motion to carried 6-0. 8. GN 99-18 PUBLIC HEARING TO CONSIDER PROPOSED SIGN REGULATIONS AND CONSIDER APPROVAL OF SIGN REGULATIONS— ORDINANCE NO. 2374 APPROVED Deputy City Manager Shiflet, gave a presentation of the Sign Ordinance and regulations. Mayor Scoma opened the public hearing and called for anyone wishing to speak to come forward. The following citizens spoke on the proposed sign ordinance: Joe Crow, 6559 Grapevine Highway, North Richland Hills, Texas Terry Willey, 7624 South Grapevine Highway, North Richland Hills, Texas *Robert O'Reilly, 9001 Trails Edge Drive, North Richland Hills, Texas Bob Kohsmann, 4526 Shadow Wood Drive, North Richland Hills, Texas Tony Chron, Trademark Retail, Inc., 301 Commerce St., Ste 3060, Fort Worth, Texas *Peggy Weatherred, 3575 Paramount Street, North Richland Hills, Texas *Joe Tolbert, 4720 Greenway Court, North Richland Hills, Texas *Dale Whisenant, 6437 Devonshire, North Richland Hills, Texas Land Use Ad-Hoc Committee Members Councilman Metts asked for the definition of public property. Special City Council Minutes March 15, 1999 Page 4 Mayor Scoma said the State passed a provision about right-of-way on state highways Our ordinance read City property previously, and did not say right-of- way The current proposal before Council reads right of way rather than City property There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilman Welch moved, seconded by Councilwoman Johnson to pass GN 99- 18, Ordinance No. 2374 After discussion, Councilman Welch withdrew his motion, and Councilwoman Johnson withdrew her second. Councilman Welch moved to pass Ordinance. No. 2374, with the exclusions of Page 24, section 6H, 61, and to remove the fine of$200 00 from 6J and Page 32, Section IV. Motion died for lack of second. Councilman Milano moved to approve Ordinance No. 2374, with the approval to begin the process of review by Planning and Zoning to reincorporate this ordinance into the Planning and Zoning Ordinances as discussed several months ago by Council. The motion was seconded by Councilwoman Johnson. Councilman Metts asked for an amendment to the motion to remove section 61, on page 24. Councilman Milano rejected the amendment to the motion. Mayor Pro Tern Phifer clarified with City Attorney if Ordinance No. 2374 is passed it would not impede the implementation by any form or fashion. Motion carried 6-0. 9. GN 99-19 PUBLIC HEARING TO CONSIDER PROPOSED LANDSCAPING REGULATIONS AND CONSIDER APPROVAL OF LANDSCAPING REGULATIONS — ORDINANCE NO. 2375 APPROVED Special City Council Minutes March 15, 1999 Page 5 Mr Norwood, Assistant City Manager, summarized staff recommendations of the proposed Landscaping Ordinance Mayor Scoma opened the public hearing and called for anyone wishing to speak to come forward The following citizens spoke on the proposed Sign Ordinance: *Leslie Jauregui, 7812 Ember Oaks Drive, North Richland Hills, Texas `Bob Curry, 6713 LaRue, North Richland Hills, Texas (LUAH) Bob Kohsmann, 4526 Shadow Wood Drive, North Richland Hills, Texas *Peggy Weatherred, 3575 Paramount Street, North Richland Hills, Texas Tony Chron, Trademark Retail, Inc., 301 Commerce St , Ste 3060, Fort Worth, Texas Terry Willey, 7624 South Grapevine Highway, North Richland Hills, Texas *Sandra Durbin, 5709 Acapulco, North Richland Hills, Texas *Dale Whisenant, 6437 Devonshire, North Richland Hills, Texas 'Land Use Ad-Hoc Committee Members There being no one else wishing to speak Mayor Scoma closed the public hearing Councilwoman Johnson moved that we pass Ordinance No. 2375 with the addition of including description of major retail malls. Councilwoman Lyman asked Councilwoman Johnson if she would include to begin the process of review by Planning and Zoning to reincorporate this ordinance into the Planning and Zoning Ordinances. Councilwoman Johnson accepted the amendment, and Councilwoman Lyman seconded the motion. Councilwoman Johnson restated the motion, to approve Ordinance No. 2375 with the provision to add the wording that establishes the identification of the major retail mall development as written in the sign ordinance, as a provision of consideration for current landscaping; (Sign Ordinance No 2374, page 17, 4C1 General Criteria —A Major Retail Mall is a commerical development that consist of a multi-occupancy building consisting primarily retail establishments located in one building or one operating entity having a combined floor area of at least five hundred thousand (500,000) square feet in floor area. The development may be located on one or more contiguous and adjacent lots, parcels or tracts ), and to instruct Staff to commence preparation for Council to consider the returning of the landscape ordinance as with the sign ordinance to the Planning and Zoning Commission. The motion was seconded by Councilwoman Lyman. • Special City Council Minutes March 15, 1999 Page 6 Motion carried 6-0 Mayor Scoma recessed the meeting at 9:10pm Mayor Scoma called the meeting back to order at 9:22pm with the same members present as recorded. 10. GN 99-20 TRANSFER CABLE TELEVISION FRANCHISE AGREEMENT TO CHARTER COMMUNICATIONS— ORDINANCE NO. 2373 APPROVED Ms. Donna Huerta, Communications Director, presented GN 99-20. Mr. Jim Bradshaw, Charter Communications, was present to answer questions from Council Mr. David Whitson, Cable Television Board Chairman was present to answer questions from Council. Councilwoman Johnson moved, seconded by Mayor Pro Tern Phifer, to approve GN 99-20. Motion to carried 6-0. 11. GN 99-21 AMENDMENT TO COUNCIL RULES OF PROCEDURES — ORDINANCE NO. 2373 APPROVED Attorney McEntire read the proposed amendment to the Council Rules of Procedure Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve GN 99-21, Ordinance No. 2370 Councilman Metts questioned if this would conflict with the Roberts Rules of Order. The Attorney advised that they were basically amending sections of Roberts Rules of Order. Special City Council Minutes March 15 1999 Page 7 At the request of Mayor Scoma, Councilwoman Johnson explained her rationale for the amendment Mayor Scoma discussed that it was his intent, since being elected Mayor, to move discussion/deliberation that is related to items being considered for a vote to the regular Council meeting and to have those discussions in public. He advised that he will respect the wishes of the Council and the action on these procedures, as well as other actions taken by the Council He felt that approval of the proposed amendment would be a step backwards rather than a step forward in communicating to the community and keeping the community abreast of the rationale behind issues. There was discussion regarding members of the Council being able to communicate with each other in Pre-Council. It was suggested by some of the Council that any Council Member could request that an item be placed on the next agenda to consider the broadcast of pre-council meetings The televising of the Pre-Council meetings would keep the citizens informed, and eliminate the public opinion of the Council rubber stamping issues. Mayor Scoma recognized Mr. Robert O'Reilly. Mr. Robert O'Reilly, 9001 Trails Edge, spoke in opposition to the proposed amendment. Councilwoman Lyman advised that she would like to request that an item be placed on the next agenda to consider the televising of Pre-Council meetings. Councilman Milano stated that the Pre-Council was an open public meeting and he had no problem with it being televised Councilman Milano requested a point of clarification. On prior matters before the Council when citizens have been present to speak about issues, they have been repeatedly told they could not speak unless it is a public hearing. He questioned why this issue which was not a public hearing warrants comments and allows comments Citizen's comments have always been allowed at the end of the meeting and he advised that it seemed to be a change in procedure. Mayor Scoma advised that it was not a change in the procedure. The procedures are that anyone that makes a request to speak on a particular item can do so. The issue is that if somebody decides that they want to come up and speak on an issue and they have not turned in a request to speak on the item, then it is not permitted. According to procedure they can fill out a request and speak to a particular item if they care to. The difference is that public hearing comments are pro and con and there is not a time limit exercised on those. The request to speak is the same as the public request. Speaal City Council Minutes March 15. 1999 Page 8 Councilman Milano stated that when the Council has a request to speak during Citizens Presentation one of the ground rules is there will be no attacks against Council, and that Council does not respond to issues He felt that if there were going to be thinly veiled attacks and political statements being brought up by citizens, the Council needed to have the same rules that are used during the citizens comments throughout the Council meeting and that there not be attacks thinly veiled or otherwise Motion carried 5-1; Mayor Pro Tern Phifer, Councilwomen Johnson and Lyman and Councilmen Metts and Milano voting for and Councilman Welch voting against 12. GN 99-22 CONSIDER PROPOSED TELECOMMUNICATIONS ORDINANCE AND APPLICATION FORM — ORDINANCE NO. 2376 APPROVED Deputy City Manager Shiflet presented the proposed ordinance and the recommendations of staff. Mayor Pro Tern Phifer moved, seconded by Councilwoman Johnson, to approve GN 99-22, Ordinance No. 2376. Motion carried 6-0. 13. PU 99-14 AGREEMENT WITH OTM ENGINEERING FOR PBX PROFESSIONAL ASSISTANCE — RESOLUTION NO 99-20 APPROVED Mr Kinzie, Information Services Director, presented PU 99-14 and advised that representatives from OTM Engineering were present to answer questions from the Council. Councilwoman Lyman moved, seconded by Mayor Pro Tem Phifer, to approve PU 99-14, Resolution No. 99-20 authorizing the City Manager to enter into an agreement with OTM Engineering for professional assistance in an amount not to exceed $3,000 for Phase I; further, if OTM recommends to replace the PBX and the City Council concurs, OTM will be retained to complete the project for an additional fee of$35,600 for a total price of$38,600 as per the proposal submitted by OTM, dated January 27, 1999. Special City Council Minutes March 15, 1999 Page 9 Motion carried 6-0. 14. PU 99-15 CONSTRUCTION OF 1999 NRH,O ENHANCEMENTS APPROVED Mr. Browne, Parks Director, presented PU 99-15. Councilman Welch and Councilwoman Lyman requested to be furnished a copy of the 13 contractors who were contacted about bidding the project. Councilman Welch moved, seconded by Councilman Metts, to approve PU 99- 15 rejecting the bid submitted by Randall & Blake, Inc for the construction of the 1999 NRH20 enhancements in the amount of$107,610.50 and direct staff to initiate a change order with Dean Construction to complete the enhancements Motion carried 6-0 15. PW 99-05 APPROVE SUPPLEMENTAL AGREEMENT WITH THE STATE OF TEXAS FOR THE RECONSTRUCTION OF RUFE SNOW DRIVE FROM I.H. 820 TO MID-CITIES BOULEVARD (CMAQ) KEY INTERSECTIONS ONLY— RESOLUTION NO. 99-16 APPROVED Mr. Richard Albin, Knowlton-English-Flowers, Inc., addressed Agenda Item No. 15 and 16 and answered Council questions. Mayor Pro Tern Phifer moved, seconded by Councilman Metts, to approve Resolution No 99-16. Motion carried 6-0. Special City Council Minutes March 15, 1999 Page 10 16. PW 99-06 APPROVE SUPPLEMENTAL AGREEMENT WITH THE STATE OF TEXAS FOR THE RECONSTRUCTION OF RUFE SNOW DRIVE FROM I.H. 820 TO MID-CITIES BOULEVARD (STP-MM) ROADWAY ONLY— RESOLUTION NO. 99-15 APPROVED Councilwoman Lyman moved, seconded by Councilman Milano, to approve Resolution No 99-15 Motion carried 6-0. 17. PW 99-08 APPROVE INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE MAINTENANCE OF NORTH TARRANT PARKWAY- RESOLUTION NO. 99-13 APPROVED Mr. Curtis, Assistant Public Works Director, presented the proposed interlocal agreement with Tarrant County. Councilman Milano moved, seconded by Mayor Pro Tern Phifer, to approve Resolution No 99-13. Motion carried 6-0 18. SRC 99-02 SIGN VARIANCE TO THE MAXIMUM SIGN AREA FOR DIRECTIONAL SIGNS AT 6625 AND 7201 INDUSTRIAL PARK BOULEVARD WITHDRAWN BY APPLICANT Mayor Scoma advised that the applicant had requested that this be withdrawn if the Sign Ordinance was approved by the Council No action needed by the Council. 19. (A) CITIZENS PRESENTATION Mr. Marlin Miller, 5109 Susan Lee Lane, asked Council to consider passing an ordinance addressing the misuse of laser pointers. Special City Council Minutes March 15, 1999 Page 11 (B) INFORMATION AND REPORTS 1. GET FREE BEANIE BABY BY SPAYING/NEUTERING PET Mayor Scoma advised that residents of North Richland Hills could receive a free Beanie Baby at the Animal Services Center by having pets spayed or neutered by March 31, 1999. 2. NRH20 SEASON PASSES Mr. Browne, Director of Parks, advised that NRH20 season passes go on sale March 22, 1999. Mayor Scoma announced that the North Richland Hills Fire Department will be hosting a blood drive on March 22, 1999 at the Fire Administration Building 20. ADJOURNMENT Mayor Scoma adjourned the meeting at 10 40 p m Charles Scoma - Mayor ATTEST Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department Environmental Services Council Meeting Date 03/29199 Subject Indemnity Clause for Critter Connection at NH Mall - Agenda Number GN 99-25 Resolution No 99-23 Attached Resolution #99-23 indemnifies North Hills Mall Associates and Urban Retail Properties Co against damages or loss caused by the use of space in the Mall for the NRH Critter Connection. This agreement was part of the original lease but was inadvertantly left out when the lease was renewed in January of this year Recommendation: To pass Resolution No 99-23 indemnifying North Hills Mall Associates and Urban Retail Properties Co against damages or loss caused by use of space for Critter Connection I'. Finance Review Source of Funds Account Number Bonds(GO/Rev ) Sufficient Funds Available Operating Budget Opt- Finance Director Department Head Signature :ty Manager Sign- re TY GODNGGL A-C I wN RESOLUTION NO 99-23 WHEREAS, North Richland Hills Mall Associates has donated space in North Hills Mall for the City's pet adoption program since 1997, and WHEREAS, by Resolution No. 97-31 the City indemnified the North Hills Mall Associates and Urban Retail Properties Co. against damages or loss caused by the City's use of the premises for its adoption center ("NRH Critter Connection"); and WHEREAS, the City renewed the lease by authority of Resolution 99-03, but failed to indemnify the Lessor pursuant to the negotiations of the parties; and WHEREAS, the Council finds that it is in the best interest of the City to continue the adoption program in the North Hills Mall NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The City of North Richland Hills does hereby indemnify and hold harmless from suit, damages or loss the said North Hills Mall Associates and Urban Retail Properties Co. which is caused by the City's use of the premises in the North Hills Mall during the term of its lease dated January 1, 1999 PASSED AND APPROVED this 29th day of March, 1999 APPROVED: Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, City Attorney APPROVED AS TO CONTENT Pam Burney, Environmental Services Director CITY OF NORTH RICHLAND HILLS Parks and Recreation Department 3/29/99 Department Council Meeting Date. Subject Rejection of Bids for Northfield Park Agenda Number GN 99-26 Formal bids were solicited for the construction of improvements to Northfield Park. The proposed improvements include constructing berms and wood rail fencing along the drives of the park. Three bids were received on February 19, 1999, and the results are as follows: Superior Concrete $29,859 (fences only) Randall and Blake $99,696.25 Amencan Tennis Court $129,964 The bids received exceeded the budget for the project and should be rejected. Staff will evaluate the possibility of grouping several smaller projects together in order to get more competitive bids, and bring the project within the approved budget. Recommendation: To reject the bids. Finance Review Source of Funds Acct. Number Bonds (GO/Rev ) _ Sufficient Funds Available Operating Budget Other Finance o`.aa Department Head Signature C. M eager CITY COUNCIL ACTION M Page 1 of CITY OF NORTH RICHLAND HILLS Parks and Recreation Department 3/29/99 Department Council Meeting Date SublecChange Order No. 1 to Dean Construction for NRH2O 1999 Enhancements0 Number GN 99-27 The City Council, at their January 25, 1999 meeting, approved the NRH2O Family Waterpark 1998 Season Report and 1999-2000 Recommendations Report, amending the NRH2O Capital Project Budget to include design and construction of the 1999 Enhancements. The City Council, at the March 15, 1999 meeting, rejected the one bid received in the amount of $107,110, and approved seeking a change order to the Dean Construction contract for the construction of the 1999 Enhancements at NRH20 within the estimated budget. I The budget for the proposed improvements is $135,000 and includes sidewalks and picnic table pads in the forest area, expansion of the concrete area near the wave pool for a large shade structure, an additional birthday island and related work. The installation of the shade structure is being bid as a separate item Dean Construction submitted a change order in the amount of $77,760. Staff believes this is a responsible cost for the work and falls within the approved budget for the project. The original amount of the 100-Acre City Park contract is $2,520,000. Upon approval of this change order in the amount of$77,760, the revised contract amount will be $2,597,760. The work is scheduled to be completed for the 1999 Season. Recommendation: To approve Change Order No. 1 in the amount of $77,760 to the construction contract with Dean Construction. Finance Review 21-10-05-6000 Source of Funds' Acct Number 415-0000-712.79-00 Bonds (GO/Rev.) _ Sufficient Funds Available Operating Budget Other / a Fthera DYeOO' • ater Department Head Signature City Man-ger CITY COUNCIL ACTION EM I Page 1 of 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 Date Date Design&Construction 1/99 5/99 FINANCIAL DATA Change to 1998/1999 Total Funding Source Amount to 1998/1999 1998/1999 Revised Remaining Project Date Budget Budget Budget Budget Cost Aquatic Park Working SO $0 $135,000 $135,000 $0 $135,000 Capital Total $0 $0 $135,000 $135,000 $0 $135,000 Project Expenditures Design 40 $0 $9000 $9,000 $0 $9,000 Construction $0 $0 $126,000 $126,000 $0 $126,000 Total $0 $0 $135,000 $135,000 $0 $135,000 IMPACT ON OPERATING BUDGET No additional operating impact is anticipated Projected Annual 1998/1999 1999/2000 2000/2001 2001/2002 2002/2003 20032004 Operating Impact $0 $0 SO SO $0 S0 CITY OF NORTH RICHLAND HILLS Department Finance Council Meeting Date 3-29-99 subject Authorize the Publication of Notice of Intent to Issue Agenda Number GN 99-29 Certificates of Obligation, Resolution No. 99-22 In a January 25th Information Report to Council, staff provided Council with the calendar of events leading up to the sale on April 26, 1999 of General Obligation bonds in the amount of $1,910,000 and Certificates of Obligation in the amount of $3,560,000. As part of the legal requirements for the planned issuance of Certificates of Obligation, the City Council must authorize the City Secretary to publish a notice in a newspaper of general circulation the intent of the City to issue Certificates of Obligation in the amount of$3,560,000 on April 26, 1999. The notice must be published once a week for two consecutive weeks. The first publication date shall be at least (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates of Obligation The notice of intention is attached and labeled Exhibit A. Recommendation: Pass Resolution No. 99-22 authorizing the City Secretary to publish the intent to issue Certificates of Obligation. Finance Review Source of Funds Account Number Bonds (GO/Rev ) — Suffici- t Funds Available Operating Budget — Other tee(/ a / Finance Director t- De•art rhent Head Si.nature /ffsii -•-1nature RESOLUTION NO. 99-22 A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS,the City Council of the City of North Richland Hills,Texas,has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code,Subchapter C of Chapter 271 (the"Act'),for the purpose of paying contractual obligations to be incurred for(I)street improvements, including drainage improvements incidental thereto and the acquisition of land and right-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof; and WHEREAS,prior to the issuance of such certificates,the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation dunng a meeting scheduled to begin at 7:00 P M.on the 26"'day of April, 1999,which certificates of obligation shall be Issued in a principal amount nc t to exceed $3,580,000 for the purpose of paying contractual obligations to be Incurred for(i)street improvements, including drainage improvements incidental thereto and the acquisition of land and right-of-way therefor, and (iq professional services rendered in relation to such projects and the financing thereof, and shall payable from ad valorem taxes and a limited pledge of the net revenues derived from the operation of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall mad substantially in the fort and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City,once a week for two consecutive weeks,the date of Me first publication to be at least fifteen (15) days prior to the date stated therein for the passage and adoption of the ordinance authorizing the Issuance of the certificates of obligation. PASSED AND ADOPTED, this March 29,1999, Mayor, City of North Richland Hills, Texas ATTEST: City Secretary, City of North Richland Hills, Texas (City Seal) 16]6:].1 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS,TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:00 o'clock P M. on the 28th day of April, 1999, at its regular meeting place in the City Hall, 7301 N.E. Loop 820, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage and adoption of an ordinance authorizing the Issuance of certificates of obligation in an amount not to exceed $3,580,000 for the purpose of paying contractual obligations to be incurred for (i) street improvements, including drainage improvements incidental thereto and the acquisition of land and right-of-way therefor, and (ii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Patricia Hutson City Secretary, City of North Richland Hills, Texas 7y141.1 2— CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation 3/29/99 Council Meeting Date: Subject: Award of Bid for Wave Pool Shade Structure to Sun Ports Agenda Number: PU 99-16 The shade structure component of the 1999 Construction Plan will provide additional shaded seating near the NRH2Ocean (Wave Pool) and the Tad Pole Train Station (Children's Area). Shaded seating is always in high demand and additional shade will be well received by our guests. This shade structure is included in the $135,000 project budget that was approved by City Council at the January 25, 1999 meeting. This steel-framed structure has a 10-year warranty against failure of the structure. It is rated to withstand 80-mph winds and the shade cloth is warranted for five years. The project calls for four to five weeks for fabrication and installation from the time the notice to proceed is given. This timetable allows the project to be completed prior to NRH20's opening, May 15. Bids were advertised in the Fort Worth Star-Telegram and 9 proposals were sent to prospective bidders. Two bids were returned by Shade Structures and Sun Ports Shade Structures' bid was $39,000 and Sun Ports' bid was $39,420. However, Shade Structures did not include the required certified check or bid bond in the amount of 5% of the bid price. Therefore, they were disqualified. For this reason, the recommendation is to accept Sun Ports' bid of $39,420. This bid is within the budget established by City Council for the project. Recommendation: To award the NRH2O Shade Structure Bid to Sun Ports in the amount of$39,420. Finance Review 21-10-05-6000 Source of Funds: Acct. Number 415-0000-712.79-00 Bonds (GO/Rev) _ Sufficient Funds Available Operating Budget `/ ^ Other 1 �y" *s — nn„wo..vo; 7 � � Ln � Department Head Signature City Ma ager CITY COUNCIL ACTION ITIEM • J Page 1 of CITY OF NORTH RICHLAND HILLS Parks and Recreation Department 3/29/99 Department Council Meeting Date. Subject Award of Contract for Mowing of Rights-of-Way Agenda Number. PU 99-17 The City contracts mowing services for rights-of-way, water tower and pump station sites. The previous contract with The Cutting Edge was not renewed. The original contract, which was executed February 24, 1997, allowed for two consecutive one-year renewals (1998 and 1999). The Cutting Edge chose not to renew the contract. Formal bids were solicited on March 18, 1999. Eleven packets were picked up and four bids were received, the results are outlined as follows: VMC Landscape Service $86,586 Minor's Landscape $109,413 Scott Landscape Maintenance $142,932 Qualityscape $148,410 Although the total bid amount is based on a maximum of 36 mowing cycles, the number of cycles per mowing season is contingent upon the weather, the amount of rainfall and growing conditions in any given year. These factors have historically reduced the number of mowing cycles. The total expenditure for the 1997 contract was $74,192. The total expenditure for 1998 was $80,027. VMC Landscape performs the right-of-way mowing for the Cities of Mesquite, Duncanville, Farmers Branch and the Town of Flower Mound. References contacted at these Cities were extremely positive. Recommendation To award the bid for Mowing of Rights-of-Way to the low bidder, VMC Landscape Service, in the amount of$86,586. Finance Review Source of Funds Acct. Number 405-2008-712.42-15 Bonds (GO/Rev.) Sufficient Funds Available Operating Budget • Other // _Ili. -�' ° � FIMaD..aw irsasse Department Head Signature g • CI{Fr nager CITY COUNCIL ACTION M / Page 1 of CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date 03/29/99 Subject Public Hearing to Consider the Request of Bill Dahlstrom Agenda Number PZ 99-02 for a Zoning Change from C2 - Commercial to PD — Planned Development on Lot 3R1, Block 50, Nor'East Addition. (Located at 5205 — 5217 Davis Boulevard) The request to rezone the property is an effort to eliminate some existing non-conforming uses prior to selling the Davis Business Park. The sale is contingent upon the zoning change approval. The request for Planned Development allows the applicant to specifically state what uses are allowed and what uses are not allowed. A petition from 20 4% of the surrounding property was submitted opposing the request As a result of the petition, a three-fourths vote of City Council is required in order for the proposed ordinance to be approved (six votes) Most of those who opposed the request were in favor of the masonry wall and the no parking signs The Planning and Zoning Commission at the February 11, 1999 meeting tabled the public hearing on this case The Commission suggested the applicant attend the next work session on February 25, 1999. The applicant attended that meeting to hear suggestions. The applicant submitted a revised site plan and landscape plan on February 23, 1999. Staff sent copies of these revised plans to the Development Review Committee Several issues arose with several of the Departments regarding the proposed revisions. Fire Protection - The Fire Department had several major concerns regarding fire protection of the existing structures The proposed 6 foot masonry wall along Roberta and Lola Drive would impede the Fire Department reaching the structures if there were a fire The Fire Department suggested two gates be installed in the masonry wall along Roberta Drive to eliminate that issue. Staff suggested that such gates not be located in front of an overhead door. The installation of the masonry wall will create the need to designate the driving lane area behind Building E as a fire lane. Additionally, the Fire Department had concerns about providing landscaping in the parking lot area between Buildings D & E. Such landscaping could cause vehicles to not fully pull into the parking space, therefore reducing the width of the existing 16 foot wide driving lanes Branches from the proposed trees could impair the fire truck access, depending on the trees proposed to be planted. Finariue-Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget — •t -r Finance Director Depa ment ead Sig, a re Pity Manager Skin.ture K\Cases\PZ Cases\PZ 99-03-41 •ahistrom•ot Page 1 of 2 CITY OF NORTH RICHLAND HILLS Landscaping — The proposed landscaping is located mainly in the right-of-way, which is already irrigated The proposed landscaping plan does not reduce the number of parking spaces or their size No compact car spaces were created with the landscape plan. The applicant was able to add one more parking space and all the spaces are 9 feet wide, which is the standard width. The property owner will be required to maintain the required landscaping in the right-of-way as a part of the approval of the Planned Development Ingress and Egress from Roberta Drive - The way the development is constructed some delivery trucks will not be able to back out of the development nor drive between Buildings D & E. Closing the access off of Roberta will severely hamper business traffic and public safety traffic. Staff suggested the applicant submit a request to allow no parking along the east side of Roberta Drive. The Commission required they request No Parking" on both sides of Roberta Drive. 6' Masonry Fence - Staff felt that installing a 6 foot masonry wall next to a tilt wall building would be very harsh in appearance and fit even less into the residential area. Staff suggested the applicant add landscaping to the right-of-way since it is already irrigated Typically, Staff would not suggest placing landscaping in the right-of-way due to utility and street needs. However in this case, Staff saw this as an opportunity to soften the appearance of the masonry wall and provide the single family residences with a more appealing development The proposed landscaping is located where it will be most visible to the general public and not just the tenant and their customers. The suggestions Staff made allowed the applicant to provide one more parking space and all the spaces are 9 feet wide, which is the standard width. Dumpsters - The applicant has proposed to totally enclose the existing dumpsters with an 8 foot stockade fence on the sides and an 8 foot gate on the front. Attached is a copy of the Planning and Zoning Commission minutes from the February 11, and March 11, 1999 meeting. Also, attached is a copy of the draft ordinance showing the deletions and additions proposed by the Commission. The deletions have overstrikes and the additions are underlined. RECOMMENDATION: The P&Z at their public hearing on March 11, 1999 recommended approval of Zone Change Request PZ 99-02 and Ordinance 2368 with the following conditions by a vote of 7-0. 1) Erect a six foot masonry wall with two gates on the property line along Roberta Drive and Lola Drive as shown on the site plan. 2) Install the landscaping as shown on the landscape plan exhibit and the masonry wall within 4 months of the effective date of the ordinance. 3) Reduce the permitted uses listed for Buildings D & B 4) Only the existing and any future landscaping or irrigation company at 5207 are allowed to maintain the outside storage as shown on the site plan. 5) Specific uses not permitted in Buildings E and C were listed 6) Applicant to request from City Council No Parking Signs" on the east and west side of Roberta Drive the length of the property. CITY COUNCIL ACTION ITEM K\Cases\PZ Cases PZ 99-03-41 Dahlstrom dot Page 2 of 2 ORDINANCE NO. 2368 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, AS AMENDED, TO ESTABLISH A PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has reviewed a rezoning request on a tract of land identified in Case Number PZ 99-02; and WHEREAS, the developer has indicated an interest in establishing the proposed development as a planned development district under the guidelines of the North Richland Hills Zoning Regulations; and WHEREAS, the Planning and Zoning Commission has determined that the development conditions of this tract of land do not provide adequate opportunities for development under available existing zoning district regulations; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874, as amended, by establishing a Planned Development District and by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-02, the following described property, attached as Exhibit 1, Location Map, shall be rezoned from C2-Commercial to establish a Planned Development District with specific development regulations as herein described: Lot 3R1, Block 50, Nor'East Addition, Tarrant County, Texas. 2. That the purpose of this Planned Development District is to provide for a mixed intensity commercial development The permitted uses and development regulations for this Planned Development District shall be as follows: Ordinance 2368 Page I 1. Permitted Uses: Buildings E & C: Auto parts and accessory sales without machine shop; auto stereo and alarm store, auto upholstery shop, automotive window tinting store; all office uses, all retail and service uses except dog training school; retail, wholesale of hardware and building materials; mini-warehouse, pest control service store, printing shop; research laboratory, swimming pool sales & service; assembling operations of commodities conducted in a fully enclosed building; Buildings D & B: All uses allowed by right in the C2-Commercial district attached and automobile and light truck repair shop, auto lubrication center; contractors office with shop and garage; warehousing; wholesale distributor; warehousing and storage of any commodity except heavy steel, large diameter pipe; junk; salvage; explosive or hazardous chemicals; assembling operations of commodities all enclosed in a building. Additionally, any future landscaping/irrigation companies at 5207 Davis Boulevard (Ewing Irrigation) may have outside storage of irrigation pipe and related materials as shown on Exhibit "A" (site plan). Building A: All uses in the office, retail, and C1-Commercial districts as attached in Exhibit "B". 2. Uses Not Permitted Buildings E & C• Automobile and light truck repair shop; auto lubrication center; paint and body shop; auto, truck, or trailer rental; car wash/auto laundry; tire and battery sales store; machine shop reclamation center, welding shop; and steel metal shop 3. That, realizing that all buildings are fully constructed and available to be occupied, that no additional landscaping requirements are required at the time of approval of this planned development; however, if improvements to the property exceed 75% of the assessed value of the property, excluding land, or increase the square footage of any building by more than 30%, then conformance with landscaping requirements at the time of building permit application will be required. 4. That, the following landscape requirements and masonry screening wall imposed upon this property by this ordinance are shown on Exhibit "C (Landscape Exhibit). The landscape and masonry screening wall requirements shown thereon must be met within four (4) months of the effective date of the ordinance. 5. That, the applicant shall submit an application to City Council requesting a "No Parking" area be designated along each side of Roberta Drive the width of the subject property (506 feet) to eliminate on-street parking Ordinance 2368 Page 2 6. That, all provisions of Ordinance No. 1874, the Zoning Regulations of the City of North Richland Hills, as amended, which are not in conflict with the terms of this Planned Development shall remain applicable on said property, except where amended herein. 6. All Exhibits attached to this Ordinance shall govern development of the property legally described above 7. That, the Zoning Map of the City of North Richland Hills be amended to reflect this planned development district at this location 8. 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 9. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive 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 10. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage Ordinance 2368 Page 3 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11TH DAY OF MARCH 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 29TH DAY OF MARCH 1999. Charles Scoma, Mayor City of North Richland Hills, Tarrant County, 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 Ordinance 2368 Page 4 EXHIBIT B ]onina RenuUtions CM of North RiMUnr Hills Trras RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS Cc A — Section 310 a 9 a` m ° q a ¢ u_ d V c it E Table of Permitted r r m m E E „ $ N E E E E D LL p .g U V 9 Uses m m m a E e ° a o c E c o w S of 0 o o L 0 E E rq c c 0 I- LL 0 0 0 o q 8 .� in in m of p F N N O J U U O J sU Q a s s ,ic:2 _a o t o _S _CN A. RESIDENTIAL USES Single Family Detached Dwelling Unit P P P P - Duplex Dwelling Unit P Triplex or Fourplex Dwelling Unit P P Multi-Family Dwelling Unit P Boarding or Rooming House S S Townhame p p Ranch and Farm Dwelling necessary to agdcul. use P Zero Lot Line SF Dwelling Unit P Personal Care Home(16) S S S S S P B. UTILITY, ACCESSORY, 8 INCIDENTAL USES Accessory Building (1) P P P P P P P P P P P P P P P P P Home Occupation (2) p p p p p p p p Public and Private Utility Use(Not Office) P P P P P P P P P P P P P P P P P Radio,Television or Cellular Telephone Tower - CS CS CS CS Railroad Right-of-Way(no yards or stattons) P P P P P P P P P p p p p P P_P P Telephone Exchange,Switching, Relay Statio S S SS S S S S CS CS CS CS CS CS CS CS CS TV Satellite Disc Receiver(3) p p p p p p p p P P p p p PPP P Water Reservoir,Water Pumping Station,Ovate P P P P P P P P p p p p p p P P P Wind Charger(4) P P P P P P P P P P P P P P P P P r EDUCATIONAL AND INSTITUTIONAL USES Cemetery/ Mausoleum I I I I I I I I 1 ISIS 1 S Article 3 Permitted Uses 1 Page 3-2 EXHIBIT B • 7muna ReauUhona City of North Richland Hiih Tr<.c RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS ai To Section 310 gaaa � vv ° q a K v u LL N N d — ty K - Table of Permitted m _ a " rn — P T T w ° J c LL E - A c N L E E E q A U L Uses = 1L LL m C-`c= J j c U 2_cF ] u E E O c 0 a E o -- 2 • J en CO N o C F 0 0 0 0 °� ^' S < EC- K N K K r0 W 1` Church,Sanctuary, Redory or Synagogue P P P P P P P P P P P P p P P P Civic, Social/Fraternal Organization CS CS CS CS CS CS — College!University p P P P Community Center p Dance Studio/Martial Ms Studio P P P P Day Care Center/Kindergarten S P P P P Cs s S P Emergency Clinic P P P P PP Facility for care of alcoholic,narcotic,psychiatric rehab S S S S Family Counseling Clinic P P P Fire Station P P P P P P P P P Hospital CS CS CS CS Library PPPPPPPP Medical Clinic P P P P PP Museum p PP P Nursing Home/Orphanage PP PP Post Office P P P P P P P P P P P P P P P P Private or Parochial School PP P P P Public Budding(not listed elsewhere) P P P P P P P P Public School P P P P P P P P P P P P P P P P Senior Citizen Center o P P P Social Services Administrative Office P P P P S Trade or Business School S S SP P D. RECREATIONAL & ENTERTAINMENT USES • Amusement Arcade(indoor) (5) CS CS CS Millard Parlor (6) S CS CS Bingo Hall S CS CS Article 3 Permitted Uses Page 3-3 • • Zonmg Rraulations EXHIBIT B CM of North Richland Hills Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS To To 3 CD ° c a Section 310 aa9 a, ,LL a1 u cd E..1r CD EE E "Table of Permitted m . _T. _TA r $ccuo2E i Uses a LL LL x L O j N _ O? E n m g o u E v = '? C 0 m rn N N y o i_, N O -J O U O J N w p p. Q R 2 D_ K R D � V V o'C N 7 Bowling Lanes P P P P P Carnival, Circus or P P P P P P P P P P P P P P P P Special Fund Raising Event(Temporary) (7) P p p p p p p p p p p p p p p p Children's Entertainment Center PP Commercial Recreation(outdoor) SP Commercial Amusement, Indoor(19) S P p s Country Club SP P Dance Studio or Martial Ails Studio P P P P Drive-in Theater CS Golf Course SP p Golf Driving Range SP Miniature Golf Course S' P Movie Theater(indoors) P P P P P Park or Playground P P P P P P P P P P P P P P P P P Private Club/Night Club S S S S Race Track S S S Rodeo Ground (8) S S p Roller or Ice Skating Rink CS CS P Spa, Health Studio, Fitness or Recreation Center PP PP Stable(commercial) -_ - S S S Swim or Tennis Club SP P E. AUTOMOBILE & TRANSPORTATION RELATED USES Airport,Heliport/Landing Field S S S S S S Auto/Truck Dealer-New (9) P P P P .uto Parts and Accessory Sales(w/machine shop) P P P Auto Parts and Accessory Sales(w/o machine shop) S P P PP Arlide 3 Permitted Uses Page 3-4 • ' EXHIBIT B lnntr g Renelahons City of North Richland Hills Tops RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS cd 113 _ _ - o Section 310 m ° ? ° ate v Table of Permitted a r E N E E rE 01 m E o o S Uses E ' =_ " � P ° _ _ " m m m = J eC m O 9 V ? a n 'or a or - e E E c $ t to c c 5 p F m m 0 j o o < 'a y N N N O M- N O J U U O rn us, • _ J U K K K tY Km m '6 E", V V 0 = � J q Auto,Truck,Trailer Rental CS P P P Automobile&Light Truck Repair Shop S CS PP Automobile Inspection Station P P l PP Automobile Lubrication Center S CS PP Auto Stereo and Alarm Store p p PP Auto Upholstery Shop P PP Automotive Window Tinting Store PP PP Bus Passenger Terminal P P P P Car Wash/Auto Laundry s cS CS p p LPG/CNG Dispensing Station S S S Marine Equipment Sales/Repair P s p p Paint and Body Shop S s pp Railroad or Motor Freight Terminal s P P P RV or Camper Sales Lot P P P P Service Station S P pp Tire& Battery Sales Store S CS PP Truck Service Center P S P P Used Vehicle Sales Lot (10) S S SS S Vehicle Storage Facility (1 1) S S P P Wrecker/Towing Service o - S S S S Wrecking/Auto Salvage Yard (12) S S F. OFFICE USES Accountants Office P P P P Advertising Agency PPP P Anomey's Office P P P P Article 7 Permitted Uses Page 3-5 EXHIBIT B lonioa Rraulahanv City of North R rhland HON Trns RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS To ¢ To a 2` E 13 Section 310 LL v v TO IX cr Table of Permitted m r r ° E c _ _ _ v m °c E o N C • U$ _ Uses LL LL 2 O d 3 C o a w J - E c �LL o c o o o M 4 E —° g L r n ti u O .c c n _ i n O N O _I O O 0 m '5 Q it o! -¢ P a g a a 3 -J Y U o N D co Chiropractic Clinic P P P P Contractors Office(w/o shop 8 garage) P P P PP Dental Office P pP P Governmental Office p PP P P P Insurance Agency P P P P' Investment Broker Office P P P P Marketing Consultant O f f i c e P P P P Mortgage Loan Business Office P P P P Optometrist/Optioan's Office PPP p Physician's Office P P P P Private Investigator's Office I P P P P Professional/Business Office P P P P PP Real Estate Office P P P P P P Tax Return Preparation Office P P P P Telemarketing Office P P P P — Temporary Employment Agency P P P P Title Company/Abstract Company P P P P Travel Agency/Airline Ticket Office P P P P PP G. RETAIL AND SERVICE USES Alcohol Beverage Sales On-Premises (60% Food Sales Required by Ordinance Number 1924) Antique Shop P P I P PP Arts e r Crafts Store P P P Bakery Shop _ P P P P P Bank or Savings and Loan P P P P PP Article 3 Permitted Uses Pape 3-6 EXHIBIT B ]pninv Recantations Cdv of Nndh Richland Hills Texac RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS raCi _ _ — m _ Pft "2 a `Section 310 va 'a LL c p o a LL rc m cc cc Table of Permitted m r r E co E E E cc En a m 'm q o .- r, = Uses .. LLLLLLdto � � v 2 m m m m a 5 E E m c E m. m O 0 0 0 0 o E E a 5 0 in m O F. y LL 0 0 0 t a if)• a r m �a ran m r- U .0 U U U 7 y Q • E iY IY K K K K cr r N U byUs , Q Bather Shop/Beauty Salon P P P P P Bicycle Shop P P P P PP Book Store P P P P PP Beauty Supply Store P P P Camera Sales and Service Store P P P Carpet&Tile Sales Store PP PP Clack Store P P P Cleaning and Pressing Pick-up Station P P P P P P Clothing Store P P P P PP Coffee Shop/Tea Room P P P P Computer Sales and Service Store P P P Computer Software Store P P P Consumer Electronics Store p PP Copy Center P P P P Convenience Store CS CS P PP Department Store PP PP Dog Training School CS CS CS CS CS Dry Cleaners (13) PP p Equipment Rental Requiring Outdoor Display Area p Fabric Shop e_p P P P Farmers Markel S S S S S S Florist Shop S P P P PP Furniture& Home Furnishings Store PP Gitt Shop P P P P P P Greeting Card Store P P P P Grocery Store/Supermarket P P P PP Hardware Store PP PP Health and Nutrition Food Store S P P P Hot Tubs and Spas S P S Imported Goods Store P P P Jewelers P P P P Article 3 Permitted Uses Page 3.7 EXHIBIT B 7onina Rrmilations City of North Rirhland Hills Tress RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS e'' To s q — 'C 0 Section 310 � aa9 v q a a: v D vo u m y 'r, LL m = Table of Permitted r ? ° c m E A = t y E E E E j m m 'a 'm r j = ao m Uses LL LL v o _ o 0 a ` n CN 0 0 j u cc E E 8 Ti ' o P. P. $ N K N C C C F v In N O O _1 U ry O j K K K (? Q _ ry Q Kennel P P P S Key Shop/Locksmith P P P P P P Laundry. Self Service CS CS CS PP Luggage Sales Store S P P P Medical Appliances and Fitting P P P P P P P Mortuary/Funeral Parlor PP PP Nail Salon S P p P Nursery Retail Sales CS CS CS pp Office Supplies and Equip.Store P P P PP Paint Retail Store PP p Pawn Shop P PP Pet Store PP PP Pharmacy S P P P P P Photofinishing Store S P p p Photography Studio P P P P Produce Market S S S S Restaurant or Cafeteria S CS p p PP Retail Store and Shop S P P P PP Sales and Service of Heavy Equipment S p Shoe Repair Shop o S p p p Shoe Store PP Shopping Mall or Shopping Center PP PP Sporting Goods Store PP Sports Card Store P P P P Tailor/Alteration Shop P P P Tanning Salon S P p p Telephone Business/Sales Office P P P P Television Sales and Service Store PP Toy Store P P P Trophy 8 Awards Shop P P P Veterinanan Clinic(w/kennels) P PP Article 3 Permitted Uses Page]a EXHIBIT B • 7ooina Reoulahans Crtv of North Pit-blend Hills Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS K To Tit c o Section 310 g —g wi 5 5 LL N N 03 c o LL K Table of Permitted m QC cc to N ' E °' r cm E E �.y°i, O d _ c L U _ Uses _ L C J LL • 3U c 1X O a, g m m E a o, o o m o lE b p us C c c L H at LL O o , co N W N 0 J U O H Q ITC- a 2. a ¢ a y p D < Veterinarian Clinic(w/o kennels) P P P P PP Video Tapes and Records Store S p P P Weight Lass Center P P P Women's Accessory Store P P P H. COMMERCIAL USES Contractors Office(w/shop&garage) (17) CS PP Feed and Seed Store _ cs P P P Garden Center S CS CS PP Hardware& Building Materials Retail/Wholesale CS PP Home Improvement Center P PP Janrtonal Supply and Service Company p PP Lawn Maintenance Service Shop P PP Lumber Yard S S Mini-warehouse(Self Slorage) S S P p Motel or Hotel (14) CS P PP Moving or Storage Company PP Newspaper Printing Plant PP Pest Control Service Store P PP Printing Shop — p P Research Laboratory S S S P S P P Sign Shop S P PP Swimming Pool Sales and Service Store P PP Truck 8 Heavy Machinery Sales/Service/Rental S P P P Jpholslery Shop P PP Warehousing P P Article 3 Permitted Uses Page 3-9 EXHIBIT B Zonino Regulations CM of North Re-bland Hilts Texan RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS m C Section 310 a o 0 m ¢ LL a) w C K N K c EK E Table of Permitted P r ° m t' - _ E K E E °U— C I U S e S m LL K rip J_J = m V L I c a y m m m o c 5 K E o c E g a a n m o o m 0 F o a q N ) O J U O u N $ K q K K a 9 3 V N q O j Wholesale Distributor CS p p Warehousing 8 Storage of any commodity except heavy steel,large diameter pipe,Junk,salvage,explosive or P P hazardous chemicals I. AGRICULTURAL USES - Agricultural including the raising of field crops, 'lure, -p animal husbandry,subject to the rules and reg ns of P the City, County, and Stale Health Dept. (15) P Farm or Ranch P Greenhouse or Plant Nursery(wholesale) p p P P P P P P J. MANUFACTURING AND INDUSTRIAL USES Asphalt or Concrete}Hatching Plant(permanent) S - Asphalt or Concrete Balching Plant(temporary) S S Assembling Operations of Commodities,all operations S S S P P conducted in fully enclosed building Cabinet Shop P P — Chemical Laboratory p Cold Storage Plant P Commercial Bakery Plant p p Commercial Carpet Cleaning CS P P Commercial Laundry/Dying Plant I S S /abate 3 Permitted Uses Page a-10 ' EXHIBIT B ' Zoning Reculatinns City of North Rirh!and Hills Te rn< RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS <i C a, To CC _ i0 —171 — - co Section 310 a a a v v ° _ IL " N K a a N d C cc Table of Permitted WT.. ' r ° m ' E — „ t m m c E o E En II Uses .0 LL LL U- d C LL y E o o S V 7 T, rn a w .=° o E 2 u E E °—CI c_ E o E- c c c c co w N r in pV i_ N � O _r U O O J d S Q Food Processing Plant P Furniture Manufacturing Plant P Machine Shop S P P Manufacturing and Assembling operations of commodities P except large steel structures Micro-Brewery S S P P Petroleum Collection/Storage Facility S Reclamation Center P P Sheet Metal Shop P P Soft Dnnk Bottling Plant P P Storage of Stone, Rock,or Gravel S S S S 1 Welding Shop/Foundry P P Article 3 Permitted Uses Page 3-11 .,, -_i , i. - . ... ..._. . • RHaat M6AV b' �� ,�n ,, ?,-, i ,. I ai nln , i , . i ,31, , 'I = ° - - - 5H, nOf fn51 D4 ••�Y k<;';� *A o) ?',• '40 3‘ 2— TTT - .a /� # . \ 9;' , .^7 r / 21e• 4 • .. r _ , l\° t^ , > Ey e L. r •\ ,t :- � s^: A ' .0\\0 SHOD\' ( / \ \ ,. a99 , _ R-6-T � I nLA_O.R _,�-_ /f� wr R •w c=.i•n01. - ODU SH0R_2 .▪ 12= i' I 3_ i _-. - u D =n H l v LOMAR DR -7) o . I , IANETTP. DR — _ — I 9 ,eeDn *IJ -�— —� {. . . 121- -0 °19 - • 18.=Z �_ ° _ - •_. -- _ - Z - _ - Agenda Item : it r ,Z I R 4 I - I_' •all • 000;vT1 +lo • n BI'CNOOD DR� ° I VC � - �• Yj i •• •• • 1. f I I I L1118 4• - OA� o,.2 nu r- Proposed P&Z Commission Changes to the Ordinance 1. Permitted Uses: Buildings E & C: Auto parts and accessory sales without machine shop; auto stereo and alarm store, auto upholstery shop; automotive window tinting store, all office uses; all retail and service uses except dog training school; retail, wholesale of hardware and building materials, mini-warehouse; pest control service store; printing shop, research laboratory; swimming pool sales & service; assembling operations of commodities conducted in a fully enclosed building; Buildings D & B• all uses allowed by right in the C2-Commercial district attached and automobile and light truck repair shop, auto lubrication center; paint-and body-shop; contractors office with shop and garage, warehousing; wholesale distributor; warehousing and storage of any commodity except heavy steel, large diameter pipe; junk; salvage; explosive or hazardous chemicals; assembling operations of commodities all enclosed in a building. Machine-shop,and structures. Additionally, any future landscaping/irrigation companies at 5207 Davis Boulevard (Ewing Irrigation) may have outside storage of irrigation pipe and related materials as shown on Exhibit "A" (site plan). Building A: All uses in the office, retail, and C1-Commercial districts as attached in Exhibit "B". 2. Uses Not Permitted: Buildings E & C: automobile and light truck repari shop; auto lubrication center; paint and body shop; auto, truck, or trailer rental; car wash/auto laundry; tire and battery sales store; machine shop reclamation center; welding shop; and steel metal shop 3. That, realizing that all buildings are fully constructed and available to be occupied, that no additional landscaping requirements are required at the time of approval of this planned development; however, if improvements to the property exceed 75% of the assessed value of the property, excluding land, or increase the square footage of any building by more than 30%, then conformance with landscaping requirements at the time of building permit application will be required 4. That, the following landscape requirements and masonry screening wall imposed upon this property by this ordinance are shown on Exhibit "C (Landscape Exhibit). The landscape and masonry screening wall requirements shown thereon must be met within six-(4) four (4) months of the effective date of the ordinance. Ordinance 2368 Page 2 Proposed P&Z Commission Changes to the Ordinance 5. required. - - - - - - - - That, the applicant shall submit an application to City Council requesting a "No Parking" area be designated along each side of Roberta Drive the width of the subject property (506 feet) to eliminate on-street parking. 6. That, all provisions of Ordinance No. 1874, the Zoning Regulations of the City of North Richland Hills, as amended, which are not in conflict with the terms of this Planned Development shall remain applicable on said property, except where amended herein. 6. All Exhibits attached to this Ordinance shall govern development of the property legally described above 7. That, the Zoning Map of the City of North Richland Hills be amended to reflect this planned development district at this location. 8. 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. 9. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance Ordinance 2368 Page 3 Dahlstrom Writer's Direct Dial McDonald, PLLC 11378 7950 Writer's E-Mail gillette @landusetx corn March 4, 1999 Marcy Ratcliff Director of Planning City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182 Re: Zoning Case PZ99-02 Dear Marcy: This letter is in response to your comments dated March 1, 1999 concerning the zoning request for Davis Park, located at 5209-5217 Davis Boulevard. I have included your comments below and have responded to them as follows 1. The site plan does not show a masonry wall along Roberta Drive by Building C. The landscape does show a masonry wall along Roberta Drive by Building C Please make necessary revisions to clarify what you are proposing. The site plan has been revised to show a masonry wall along Roberta Drive and Lola Drive by Building C. 2. The site plan does not show a masonry fence along Lola Drive. The landscape plan does show a masonry fence along Lola Drive. The site plan has been revised to show a masonry fence along Lola Drive and Roberta Drive - 3. Indicate the height of the proposed masonry fence on the site plan The site plan has been revised to indicate the height of the proposed fence (six feet) 4. The site plan shows one dumpster. Can the tenants live with one dumpster'' There are two dumpsters on the subject property, both contained within a single dumpster location, as shown on the site plan. The site plan has been revised to show two dumpsters at this location. 8333 Douglas Ave Suite 900 • Dallas,Texas 75225 • • Phone 214-378-7946 • - Fax 214-378-7951 5 The proposed masonry fence at the corner shall not infringe on the visibility triangle. Please revise both the site plan and landscape plan to illustrate that the proposed masonry fence will not be in the visibility triangle of Roberta Drive and Lola Drive. Both the site plan and landscape plan have been revised to show a visibility triangle at the corner of Roberta and Lola Drives. The proposed masonry wall provides a thirty-foot visibility triangle. 6. The notes on the site plan state there is a masonry fence only along Roberta Drive The notes on the site plan have been corrected to state that there is a masonry fence along both Roberta and Lola Drives. 7. Parking spaces are shown in an existing outside storage area. Do you mean that the outside storage use will be removed? The parking spaces shown within the outside storage areas have been removed, and the outside storage use shall remain. Those spaces were not included in the parking calculation. 8. Recommend the proposed landscaping between building B and C be moved to the property line to serve as a screen to the Davis Baptist Church. The proposed landscaping between Buildings B and C has been removed and a masonry screening wall has been proposed along the property line between Buildings B and C to serve as a screen to the Davis Baptist Church. 9 How do you proposed to irrigate the proposed landscaping? An automatic irrigation system currently exists along the perimeter of the subject property. All landscaping contained within the rights-of-way surrounding the subject property shall be irrigated by the existing irrigation system. 10 What type of trees are you proposing to plant?' - There will be a maximum of three shade trees provided within the designated landscaped areas,as recommended by city staff. The remainder of the trees shown on the landscape plan will be ornamental trees, chosen by the property owner from a list of recommended species contained within the North Richland Hills landscape ordinance. All shrubs shown on the landscape plan will also be chosen by the property owner from a list of recommended species as contained within the North Richland Hills landscape ordinance 11. What measures are you proposing to protect the new landscaping from vehicles in the parking lot? Landscaping within the parking lot area has largely been removed upon recommendation from city staff. This should no longer be an issue. 12. When do you propose for the plan to go into effect? Installation and maintenance of the landscape and screen wall improvements as shown on the landscape and site plans shall be the responsibility of the property owner and shall be completed within 6 months from the date of approval by the North Richland Hills City Council. 13. Include a legend on the landscaping plan to indicate the types of planting material existing and proposed. Existing landscape materials have been identified and are listed on the landscape plan. A variety of recommended species will be provided on the landscape plan for any proposed landscape material. 14. Putting in the masonry walls along Roberta will create the need for a designated fire lane. No off-street parking or storage is allowed in the fire lane. This will cause problems for the existing tenants. Has this been communicated to the tenants? We have addressed this fire safety concern by proposing the installation of two gates along that portion of the masonry wall which runs along Roberta Drive for fire department access. 15. How do you propose to enforce the requirement that no semi-tractor trailer truck access be allowed from Roberta Drive? The property owner will place a sign inside the masonry wall at the driveway which exits onto Roberta Drive which states the semi tractor trailer truck traffic is prohibited from exiting onto Roberta. 16. Revise the landscape tabulations to align with the site area,existing parking, parking required and proposed parking. - This has been done. 17 Revise note Don the landscape plan to state "building" instead of"byuilding" • This has been done. 18, Revise the vicinity map on the landscape plan to show where the project site is located. This has been done. 19. Where are the proposed compact car parking stalls located? All proposed compact parking stalls have been eliminated. 20. Are you proposing to block access from Roberta Drive? No,we have not proposed to block access from Roberta Drive. The fire department has designated a fire lane between Buildings C and E. 21. Several uses proposed to be allowed in buildings D & B such as automobile and light truck repair, paint and body shop typically require heavy parking storage. This could create problems for your case. Be prepared to respond to this issue? So noted. Thank you for taking the time to prepare these comments; they have been helpful to our site plan preparation. Please call should you have any questions or comments concerning our submittal. ery truly ours, .1/ 7j Sat I ette Land Planner N\oMCFILES\1167\2\Ratclitt Ilr wpd 3/4/99 Dahlstrom Wrter s Direct Dial McDonald, PLLC 378-7950 Writer's E-Marl gillette @landusen corn February 23, 1999 Steve Norwood Managing Director of Community Services City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182 Re. PZ 99-02, Application for Zoning Change from C-2-Commercial to PD- Planned Development Dear Steve: Thank you for your assistance over the past week, as we have worked to address the conditions raised by the Planning and Zoning Commission on February 11, 1999 As we have discussed, this office has fled the application for zoning change on behalf of the owner to request a district that would allow the nonconforming uses on the site to become conforming. At the Planning and Zoning Commission hearing on February 11 , 1999, the Commission indefinitely postponed the case subject to conditions which we have addressed as follows 1. A completed planned development application must be filed: the form has been filed and the revised site plan and landscape plan are enclosed: 2. Perimeter fencing, in the form of a masonry wall, must be required along Roberta Drive this has been shown on the site plan; 3 Truck traffic must be prohibited access to Roberta Drive from the Property: this has been shown on the site plan; 4. A landscape plan that conforms to the current City requirements must be submitted: a landscape plan has been submitted; 5 A condition must be included in the PD that provides a measure for 8333 Douglas Ave Suite 900 • • Dallas.Texas 75225 • • Phone 214-378-7946 • • Fax 214-378-7951 controlling trash this issue has been addressed on the site plan by requiring all dumpsters to have opaque walls on three sides and a gate on the fourth side; 6. A noise abatement condition must be included in the PD: we are proposing to include in the Planned Development regulations the following: "noise levels must comply with the noise standards set forth by the City of North Richland Hills"; 7. Buildings E and C must be limited to only "C-2" uses: we are requesting land uses as recommended in the staff report and reflected on the site plan, 8. All other nonconforming uses on the site must be eliminated after their leases expire (uses that require Special Use Permits in C-2, such as automotive repair uses,would subsequently only be permitted with approved SUP's): we are requesting the uses as recommended in the staff report and reflected on the site plan; 9. All signage must comply with whatever sign regulations are in effect we will comply with the City of North Richland Hills sign regulations, as amended; and, 10. Truck traffic must be prohibited from accessing the adjacent Church property from the site truck traffic will be prohibited from accessing the adjacent church property from the site, as stated on the site plan It is our understanding that this matter will go before the Planning and Zoning Commission on March 11, 1999. If a problem should arise, please let us know as soon as possible. Again, thank you for your assistance with thismatter. - Very truly yours, SallGillette Land Planner cc: Rick Gartner Susan Coleman N 1DMCFILES\1167\21na,woad IU2 wpd Draft Copy 5. PZ 99-02 PUBLIC HEARING TO CONSIDER THE REQUEST OF BILL DAHLSTROM FOR A ZONING CHANGE FROM C2-COMMERCIAL TO PD-PLANNED DEVELOPMENT ON LOT 3R1, BLOCK 50, NOR'EAST ADDITION. (LOCATED AT 5205 —5217 DAVIS BOULEVARD) APPROVED Mrs. Ratcliff explained that the P&Z originally heard this case at their February 11, 1999 meeting and tabled this case, allowing the applicant additional time as well as the opportunity to attend a P&Z work session on February 25. The applicant did attend that session, and received input from the Commissioners regarding this case She stated the applicant has revised his site plan and landscape plan. She explained that staff has worked with the applicant to achieve their final revised site and landscape plan She explained that staff had several major concerns, i.e., landscaping and irrigation, fire protection and ingress and egress from Roberta Drive. Staff is also concerned about the impact and appearance of a six-foot masonry fence along Roberta and Lola Drives. The applicant has proposed to provide a six-foot masonry fence along Lola Drive and Roberta Drive. He is proposing to place landscaping in front of this fence in the ROW. Since this is an existing site, staff believes that landscaping in the ROW will soften a six-foot masonry-screening fence next to a tilt wall building Additional landscaping will also be added in the front of the property along Davis Boulevard as well as a six-foot masonry fence between buildings B & C. This will screen the outside storage of the irrigation company from the Davis Boulevard Baptist Church. Mrs Ratcliff stated that Mr. Dahlstrom is present and will answer any questions the Commission may have. Additionally, late Wednesday afternoon staff received a petition from property owners within 200' of this request Because more than 20% of the property within 200' oppose this request, it will require a % vote by City Council, should the P&Z approve it. Chairman Davis reopened the public hearing and asked the applicant to come forward Mr. Bill Dahlstrom presented this request. He explained that at the Commissioners direction, they were requested to put a six-foot masonry wall along Roberta Drive; the applicant stated that they had agreed to do so as well as to extend the wall along Lola Drive. Mr. Dahlstrom stated that two gates will be provided as requested by the Fire Department Additional landscaping has been provided to soften the concrete appearance from Lola. Page3 3/11/99 P&2 Minutes Draft Copy Truck traffic has been prohibited along Roberta. And, the dumpsters will be enclosed totally with a solid gate to eliminate the complaint of blowing trash. The uses were discussed at length, explaining that the purpose of this case was to take the uses that are currently non-conforming and make them conforming so the property can be sold. He explained that Building D was constructed with hydraulic lifts, and was specifically designed for automotive repair kinds of uses. They requested this type use remain allowed in Building D. He stated they are agreeable to prohibit these kinds of automotive repair uses out of Buildings E & C so that the existing automotive repair shop in that location would continue to be non-conforming, so that when it leaves, it couldn't be replaced with a similar use. Building A is primarily retail and they have agreed to limit those uses to the office/retail allowed in Cl-Commercial district uses, which will make it a more restrictive area. Buildings D & B are the more intensive uses and they are willing to exclude the machine shop and manufacturing use. But, he believes the assembly use needs to be left as a permitted use. He stated that would allow them the uses they need to make the site conforming and he believes this will be a community benefit, given the direction they have taken. He stated that irrigation was at first an issue because landscaping was proposed throughout the site. However, given staff direction, existing irrigation surrounds the property so the landscaping in the ROW will be irrigated Additionally, a landscaping legend has been included on the site plan, which clearly indicates what type plants are proposed. Mr. Dahlstrom agreed to subject the site to signage regulations currently adopted, opposed to grandfathering the site, as previously requested. In closing Mr Dahlstrom stated they feel they have addressed every issue brought out in the previous public hearing. He stated they have worked diligently with staff and significantly modified the plan from the previous submittal. He stated they have also compiled a list of uses not to be allowed in buildings C & E Mr. Wood asked if buildings D or B contained a paint and body shop currently. Mr Rick Gartner, Bradford Companies responded stating that Building E, which is housed at the corner of Roberta & Lola, has an automotive shop, which will Page 4 3/11/99 P&Z Minutes Draft Copy remain non-conforming, meaning that they can only stay until the end of their lease term, and at that time no additional paint & body shops would be allowed. Mr. Wood stated that a paint & body shop was not a use needed in Buildings C & E, and should be removed from the ordinance as a permitted use. Responding to a question, Mr. Gartner stated that the automotive shops lease expires in a year, after that another would not be allowed. Mr. Bowen stated that the Paragraph 5 referencing signage, in its entirety could be deleted from the existing ordinance. The applicant agreed. Mr. Nehring asked the applicant to apply for "No Parking" signage and the applicant agreed Chairman Davis stated that "No Parking Signs" along Roberta would be a part of the PD site plan. Mr. Nehring stated that according to the ordinance as prepared they were requesting six months for completion of the masonry-screening wall and landscaping. The applicant stated that less than six months could be handled if the Commissioners so desired. He stated they would be amenable to a reasonable time line. Chairman Davis stated that the citizens would probably feel a little more assured if they started seeing immediate results, instead of months of nothing happening. Mr. Gartner stated that work would commence immediately and that there was nothing magic with six months. Chairman Davis asked the applicant if he was willing to commit to four months tonight The applicant agreed. Chairman Davis referred to the ordinance again, Page 2, Paragraph Five should be deleted since new signage regulations are proposed to be adopted by City Council on March 15, 1999. The applicant agreed to Paragraph Five 5 on Page 2 of the proposed ordinance Chairman Davis asked if the parkway on Roberta Drive would be sprinkled and the applicant stated that an irrigation system already exists. Chairman Davis stated that a large amount of trees were being added and was concerned if the existing irrigation system would be adequate. The applicant believes it will. Page 5 3/11/99 P&Z Minutes Draft Copy Chairman Davis stated that additional shrubs would also be added, and wanted to know if modifications to the irrigation system would be required for this The applicant stated if it was necessary it would be done since they are obligated to maintain the landscaping once planted. George Jones, the proposed buyer for the property, stated that he is aware there may be special needs arise in tending to the trees and has no problem with them. He is glad to dress up the property and see's it as a benefit to him. Additionally, he stated they will be closing on this property by the end of the month and it is important to him that the wall is installed before they close. Seeing no additional proponents, Chairman Davis called for opponents. Chairman Davis reminded the audience that a valid petition had been received which will require a % majority vote of the Council, if P&Z recommends approval on this case Opponents of this case were: ♦Joseph Bullock, 7624 Palomar *Leon Clark, 7624 Lola *Terry Mitchell, 7624 Sybil Drive The issues of concern were excessive parking on Roberta Drive, excessive noise from the motorcycle shop and safety issues. Chairman Davis informed the citizens that noise abatement is an issue that can be resolved by Code Enforcement; he asked that staff have that department notified. Mr. Wood suggested that "No Parking" on both sides of Roberta would be more effective and wanted to know if the homeowners would object to that. Mr. Bullock stated that they would encourage that. Seeing no additional opponents the public hearing was closed Mr. Dahlstrom stated that he would be meeting with surrounding property owners once again prior to the City Council meeting Mr. Jones stated that many of the issues he has heard discussed are issues that should be dealt with by the manager/landlord of the facility. He assured the Page6 3/11/99 P 8 Z Minutes Draft Copy citizens and city that as the new owner and landlord, he will control the tenants or evict them, it is that simple. He stated he has as much interest in preventing that sort of behavior as the neighbors and again, assured them it would be stopped. Mr Wood stated that the Commissioner's are aware of the valid petition submitted to staff and they don't want the passage of this item to reflect the idea that the Commission isn't listening; obviously, some of the uses that exist would not be approved if this were a new development However, this is an existing project that they are trying to make the best of. Chairman Davis asked the applicant for the list of uses that would be excluded from buildings C & E. Mr. Wood, seconded by Mr. Bowen, moved to approve PZ 99-02 subject to: ♦Under Category 1 of the Permitted Uses, Paragraph 2, Buildings D & B, strike paint and body shops as a permitted use as well as the entire final sentence of the same paragraph referring to machine shops, etc. *Add to that paragraph that the only outdoor storage will be of landscaping irrigation pipe and related materials, which is what's currently there today, at the same location as is today and as shown on the site plan. *Submit an application to City Council requesting a "No Parking" area be designated along each side of Roberta Drive the width of the subject property (506 feet) ♦Section 4 regarding the timing of the items being installed be changed from six months to four months for completion ♦Section 5 regarding signage be deleted ♦Excluding the following uses from Buildings C & E: automobile & light truck repair shop auto lubrication center paint and body shop auto, truck, trailer rental car wash/auto laundry tire and battery sales store machine shop reclamation center welding shop steel metal shop The motion carried unanimously. Page] 3/11/99 P 8 Z Minutes The general consensus of the Commissioners was that was too large and that size should be an exception Mr. Wood moved to approve PZ 98-42 subject to Item 3 wording regarding brick, rock or stone is changed to "shall meet the masonry requirements of the zoning district"; Item 4 regarding detached garages shall reflect the maximum height with an increase to 24' and one-story. Under Item 5, Vehicle Parking Space Surface should have asphalt deleted and only allow concrete. Mr. Barfield seconded the motion and it carried unanimously. 6. PZ 99-02 PUBIC HEARING TO CONSIDER THE REQUEST OF BILL DAHLSTROM FOR A ZONING CHANGE FROM C2-COMMERCIAL TO PD-PLANNED DEVELOPMENT ON LOT 3R1, BLOCK 50, NOR'EAST ADDITION. (LOCATED IN THE 5200 BLOCK OF DAVIS BOULEVARD) TABLED Vice Chairman Bowen opened the public hearing and asked Mr. Baker for an introduction Mr. Baker stated that he needed to respond to a question posed to him in the work session regarding the requirement of landscaping and signage. He stated that a conditions set forth in the Zoning Ordinance regarding Planned Developments was that landscaping and signage could be a condition of approval He stated that this is an existing facility that is zoned C2-Commercial and it directly abuts existing residential neighborhoods on the north and west sides of the property. He stated the owner is selling this property and the proposed buyer is concerned about some of the uses that are allowed now and may not be allowed in the future. In order to lock in the uses that will be allowed there, until the project redevelops, he has applied for a Planned Development (PD) Mr. Barfield asked for specific uses that are non-conforming Mr. Baker stated several of the uses that have been operational for many years would not be allowed by right today. They would have to obtain a Special Use Permit. An example of one of these is a contractor shop with office and garage. He stated several of these uses are in the facility now. Page 4 2/11/99 P 8 Z Minutes Mr. Bill Dahlstrom, applicant, stated that they are asking for approval of a PD for the uses to make them conforming. The property is under contract and many times a lender won't finance deals unless the uses are conforming. He stated they had done a detailed study of the existing uses and what uses are actually permitted in this district. He stated there are some questions as to whether some of the uses would actually be permitted or not today. Rather than trying to put a square peg in a round hole, they decided to identify specifically what uses are and seek a PD to avoid questions down the road. He stated no additional development is being proposed, they just want to keep the tenancy that they currently have. He showed a site plan of the existing facility and gave an overview of what businesses office where He pointed out the building that Ater Plumbing occupies, which directly abuts residentially zoned property. He stated that because of the gradient of uses they felt their best option was a PD. He stated the one exception they are requesting is the ability to have a warehouse in Buildings C & E, not to exceed 10,000 square feet per warehouse He stated Building C is 17,000 square feet and the nature of the two uses that occupy them have a primary function that is permitted by right today; however, as an accessory warehousing is part of the main use. In order to prevent any confusion in the future, they propose the right to have a warehouse in both buildings and the warehouse use not to exceed 10,000 square feet per use. In closing, Mr. Dahlstrom requested the P&Z approve this request. He stated a sale is pending on this property and want the uses to become conforming. He believes the only use that staff has recommended remain non-conforming is the auto repair shop. Vice Chairman Bowen called for additional proponents. Seeing none, he called for opponents. Ms. Wynonna Renz, 7625 Sybil complained of the noise and excessive parking on the streets currently and wanted to know if this would intensify with this zoning change. Mr. Bowen explained that none of the uses will be changing, they are only trying to get the legally non-conforming uses to be conforming so the building can be sold There are no plans for additional uses being added. Mr. Terry Mitchell, 7624 Sybil, complained of current truck traffic and doesn't want to see any more He would also like to see a screening fence required to help keep blowing trash off his property. Page5 2/11/99 P&Z Minutes Mr. Baker stated that there are demands that can be placed on this PD, such as screening/buffer zones and public street access Mr. Dahlstrom stated that they could prohibit truck traffic, citing that he would not want trucks in his yard either. He showed pictures of the facility and stated that no room exists for a screening fence since the concrete goes all the way to the property line. Mr. Dahlstrom stated they would like the uses in Building D to remain as conforming uses and the uses in Building E would remain a non-conforming use Ms. Darla Mitchell, 7624 Sybil voiced concerns about Ater Plumbing that currently exists She stated that they are a warehouse and distribution center. She complained of beer drinking by the employees in the parking lot, and it's only a block from an elementary school. Additionally, she complained of the employee's lewd, obnoxious behavior and does not believe this use is conducive to a neighborhood environment. She asked the Commissioners to drive down Roberta and see for themselves how this facility operates Seeing no additional opponents, the public hearing was closed Mr. Nehring stated that if this is changed to a PD, a wall should be built. Mr. Barfield stated that he would like to go a step further and close the access to Roberta completely off from the development He stated remembering when this was originally zoned, industrial uses were not intended. He believes it has evolved into an industrial nightmare and he would not want to live next door to it either. He stated their mission, as a Commission is to do what they can to clean the City up; he doesn't believe this is respectable. Mr. Wood stated that there is a difference in legal non-conforming uses and illegal uses. He stated that a vast number of the current uses are not non- conforming, they are illegal uses. He believes the actual case is not to approve a PD, but to approve uses not allowed in the C2-Commercial district on a carte- blanch basis Additionally, he is opposed to the applicant request for a waiver regarding the more stringent sign regulations Mr Wood also believes that the residents should contact Code Enforcement on a regular basis until the City realizes the problem in the area. Mr. Laubacher believes this was not the intent PD's were designed for and agrees with Mr. Wood Mr Blue stated that he concurred with Mr. Wood & Laubacher as well. Page 6 2/11199 P&Z Minutes Mr. Bowen believes this is a run around the Zoning Ordinance and is opposed to this request. Mr. Dahlstrom stated he was surprised at the Commissions response and stated this was never intended to be a run around the zoning regulations. He asked that the Commission consider tabling this issue and give them some time to rework their plan. Mr. Rick Gartner, Bradford Companies and representative for the owners, stated that the John Hancock Life owns this property and they are getting out of the real estate business, stating they will go to whatever lengths necessary to sell this building. He stated the building was built with hydraulic lifts in 1984 and several of the automotive uses were original tenants and believes the uses changed under the C2 classification, which should grandfather them. Mr. Dahlstrom stated they would prefer the item be postponed instead of a denial without prejudice. He stated they have certain contractual obligations that need to be met. Mr. Wood stated that denial without prejudice would not slow down their process. He stated that merely erecting a fence does not address the illegal uses that currently exist. While the neighbors would appreciate the fence, he also believes they want the area cleaned up. Mr Barfield suggested they come back with a PD and the businesses that are there will comply with C2-Commercial requirements Mr. Wood stated that while the Commission would like that, the applicant wouldn't, stating if they could live with that, they wouldn't be before the Commission at all Mr Dahlstrom stated they are willing to step back and do some things that aren't currently required, such as the possibility of a screening wall Mr. Wood asked how the Commission could ensure that happens, i e , escrowing money, building a fence before the sale of the property. After much discussion, Mr. Wood asked if the item could be postponed with requirements and specifications on when the item is brought back to P&Z. Mr. Baker stated yes. Mr. Wood, seconded by Mr. Barfield, moved to postpone PZ 99-02 subject to receiving from the applicant, a completed PD application and package that will Page 7 2/I V99 P 8 Z Minutes include all drawings and specifications required by ordinance, and not limited to: perimeter fencing, masonry walls around the perimeter generally required, specifically on Roberta. The elimination of truck traffic at least, if not complete traffic coming out onto Roberta or out of this project other than Lola or Davis Implementation of a landscape plan that meets the current regulations. Addressing the issue of trash and how it will be handled and kept out of the neighborhoods, noise abatement Buildings E & C are limited to only uses currently allowed in C2. All other non-conforming uses in the existing buildings be eliminated at the time of tenancy change and not replaced with a like use Signage meets current ordinances and will continue to, as the ordinances are changed, no truck traffic around off the Davis Boulevard entrance of this property onto the church property to the south Mr. Dahlstrom asked what would happen if some of these requirements, such as landscaping were impossible to accomplish. Mr. Wood stated that from the standpoint of percentages required, he didn't know if it could be done, but nothing would stop them from removing paving to install landscaping. Mr Barfield suggested the applicant attend the work session for the next meeting in two weeks and seek guidance if they so desired. The motion carried unanimously. 7. STAFF REPORT There were none 8. CITIZEN COMMENTS There were none Page 2/11/99 P&Z Minutes March 24, 1999 Mr. Greg Dickens Director of Public Works City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76182 Re Lot 3RI, Block 50, of the Nor' East Addition Dear Mr Dickens Please accept this request made on behalf of John Hancock Mutual Life Insurance Company, owner of the property described as Lot 3R1, Block 50, of the Nor'East Addition The property owner is requesting installation of"No Parking" signs to be placed along the east and west side of Roberta Drive, to be effective along the length of the subject property This request is a result of our discussions with the neighbors who live near the subject property, and also as a result of a recent Planning and Zoning Commission hearing and subsequent recommendation. We hope you will find this request acceptable Please do not hesitate to call with any questions or comments 1 ry truly yours, Y �fk�U�1��J�tLiiJ1/t0i'iZ William S Dahlstrom c4 R 0 !nv S Building A, viewed from Davis Boulevard 0 C ,, Eu�inG 1 ....:_s. �.1.., IAL PLASTICS / o r I likluoitatii . gala iit _ _ . I / , , '1 1! _ ...._ _ Building B, viewed from Building A I Row R • • J kc �_ 1 -1 , 90 0 1 1_ 1_ 1 1 Q Building B, viewed from outside storage area i ,iY ,7111i MI6 _ . _ _ _ 7 Outside Storage Area C Ms . , lit. . "law 1 im, lip _ _, „ism ...... „?. 1 Building C, viewed from dumpster C IP w • IMMO . ... , : .. /, i.''. i / // // / / 7 • Buildings C & B, viewed from Roberta • 1 . k Coo , C illir 1 I . ,, Ar. ,11 4Ii„,,lfl:.•1-I:- 111 l 11 ■ III M IN R 1 1 _■ III! e , n A0 0 South side of Building C, viewed from Roberta P I _ _ F , e \ r Ilk} i- _ may. = �. __ IV ;'- F Y� Y V obi *a. „„L•0:41,1. ..-, .3 .� +�iJ� �, _�_ter � i 1 io South side of Building C /I LLL • C L 1 J Dumpster r II:::) . EUROPEAN SELECT MoroaCAss kik 8 s fib{Y ai; ��.3rv�N .A.1. IIP Building E R 0 H _F 4 i I ,,,„, West side of Building E . . - . , . , _ . . 6 . , ,... , , , . . P11- , ,, _ . . . . . ,_ -T I Building D, viewed from angled parking lot 411 „.. _ . . • • . . . _ . . . , _ s � `,. - ITS! f � ...y illfr 1 q )0(: w . am~. `` J -- t East side of Building D, looking north a (r p,� C .\ ippi rair ei- ---,_1111.N.:4,. ---IL.".. ,. _ , 41111RKdlgr- gi 41 *- - ..- ■ 111111111111111111.111111111111 .-- --- iir- . - 0 . _t Building E & angled parking lot, looking north III f. s IP 12 4 1 ,%"•' *ts, ,:"'• , _ _ 1 -': I , r ; ii , _ , _ _ , ___ 0 --: Vf Building D & angled parking lot, looking north Dahlstrom Writer s Direct Dial McDonald, PLLC (2141378- 94$ Writer's E-Mail: dahlstrom @landusetc corn January 22, 1999 Mr. Christopher Baker Via Hand Delivery City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76182 Re: Proposed Planned Development District for Davis Park Dear Christopher: Attached please find the rezoning application to rezone the property known locally as Davis Park to a Planned Development District for C-2 and other compatible uses As you may recall, the purpose of this application is to bring the existing development into full compliance with the City's zoning regulations Attached please find: 1. A completed application form 2. A notarized letter from the property owner authorizing Dahlstrom McDonald to act as their representative for this rezoning application; 3. A list of permitted uses; 4. Fifteen (15) copies of a site plan showing the existing improvements on the property; and 5. A $300.00 application fee. As we discussed previously, this site is an existing project containing five (5) buildings on a lot of approximately five (5) acres in size The buildings are all constructed of concrete tilt-up panels with an exposed aggregate finish. The building closest to Davis Street is used primarily for retail operations while the remaining four (4) buildings are used for a mixture of retail, commercial and light industrial uses. These four (4) buildings are all constructed with overhead doors to facilitate the commercial and light industrial uses. I will have photographs of the property sent to you early next week. 8333 Douglas Ave Suite 900 • • Dallas,Texas 75225 • • Phone 214-378-7946 • • Fax 214-378-7951 Christopher Baker January 22, 1999 Page 2 Thank you for your assistance with this matter. If you have any questions, or need any additional information, please do not hesitate to contact me. Very truly yours, lliam S. •ahlstrom N\OMCFILES\OawsPark\Oartonl wpd 1122/99 Davis Park Planned Development District Permitted Uses The following uses will be permitted by right within the Davis Park Planned Development District: All uses permitted in the C-2 Commercial District; Automobile and Light Truck Repair Shop; Automotive Lubrication Center; Paint and Body Shop; Contractors Office (with shop and garage); Warehousing, Wholesale Distributor; Warehousing and Storage of any commodity except heavy steel, large diameter pipe, junk, salvage, explosive or hazardous chemicals, Assembling Operations of Commodities, all operations conducted in a fully enclosed building; Machine Shop; and Manufacturing and Assembling operations of commodities except large steel structures. N\DMCFILES\DavisPark\uselisl wpd 122/99 WITHDRAWAL OF PETITION - PP 9?-O2 WE,THE HOMEOWNERS MOST Al k ECTED BY THE REZONING OF LOT3R1,BLOCK 50, NOR'EAST ADDITION, DO HEREBY WITHDRAW TILE PREVIOUS PETITON BASED ON SATISFACTORY RESOLUTION OF OUR CONCERNS AS PROVIDED AND STATED IN THE MINUTES APPROVED BY THE ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS ON MARCH 11, 1999. SIGNED: eL . . I� C 31 we cam_ bc,dL, 14tcLJ( � , `LerLLt,�, )1` `CC Ls_q fis jG,-4-a- )! `H d �j To : Christopher D . Baker We the undersigned who own property within 200 feet of the Davis Business Park at 5205 North Davis North Richland Hills, hereby object to the proposed zoning change case number PZ 99-01 . We feel this will depreciate our property value. Name Address /1 . 7 24 S,/% I 16r , ✓2• 1)(LCIc( / :tciccl% 741.2-9 v 6. �/� — �ti�. 7� i A ie;,-(e ✓ 7. �J�hx,c0> ', S/ c c � '7 z/ �C/�� 2a -f/ / 8. !10. /� C��, � 7G L/ SYG /L (`et 1 - 41141-04-\,_t�4-` i TZI L,` C '7 -3. I ..�✓`t_ X ,7 -/12. - 7∎ i-Fr ; `L-:(. � 7/ 2 Name Address / 13. /,c _p-j_ 6.-c. ' ! ;,?i--' 6-.2 /14. r /C A5 c V 16. c/r.te 1 _/dQ7? 'ma, ,f:AP 53OI . i>-ru Y7(/Ut; 17. (" add 19./ / 20. 21 . 77 )3. 24. 25 . 26. 27. 28 . 29. 30. 31 . • CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 03/29/99 subject Public Hearing to consider the Request of John Cope for a Agenda Number PZ 99-03 a Zoning Change on Tract 4C4, of the J. McComas Survey, A-1040 from AG-Agricultural and R1-Residential to R1S-Special Residential. (Located at 6724 Meadow Road and proposed to be final platted as Lot 1, Block 1, Cope Addition) John Cope is the owner and developer of this property. The P&Z recently approved the preliminary plat of this 2 3-acre tract of land The final plat is forth coming The property is currently zoned AG-Agricultural and R1-Residential. The applicant would like to change the zoning to R1S-Special Residential so that he can build a single family home and have a lot that will allow him to keep horses. See the attached zoning exhibit for the zoning of surrounding properties. The minimum lot area for the R1S-Special Residential zoning category is one acre. All property owners within 200' of this request have been notified To date, staff has received no adverse comments This rezoning request is in conformance with the currently adopted Comprehensive Land Use Plan for the City of NRH. RECOMMENDATION: The Planning and Zoning Commission at their public hearing on March 11, 1999 recommended approval of Zone Change Request PZ 99-03 and Ordinance 2377 by a vote of 6-0. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avauaoie Operating Budget Othe i Finance Director «. icy►/ 1. ! ��e,AL' • W Dep- Sure f Ii• Manager Si•nat e K teases\PZ Cases PZ 99-03-41 Cope dot Page 1 of 1 _( WATCH L11/41 - SEE Gnat d.-41 ti ° ■ a _ _ LLI / ; I_ __ R 1 5 a.� : ..., ,.a 72 - — . • 1896 2103 . t ..r p . wfn.�OOD c. J..3- S x LL. I as AG 2126 I ,R.2, l —' RI 2 - o._„• 44 a Hightower Drive ___.---C. e ,i.I ` _ A 11 tea: ° 10• D1 TLINU ®, I / / O` C _ 2 ' ° Q e < • / R-13 0 1361 SI AG w ; iE P �I OI 5 0 d , o ,e ppOW o R-1-1 : RR 0 I I I w, , ■•••"'••■ R,t ,, )0 7,51,0, n R'1 1531 ii.i 1163 I n AG o • V ' ^• —R� v 2043 Bye-US. _ R,2 . W n ° , I R1]0 1 t1) n p - NORTH FORTY RD R20V,1-3 S 6 , . 4 , / ' ` , y ° , R-1-5 NORTH FORTY RD 361 N _�rO RII1 I R•1- . -3 ° .0 2 r-,f ■ I W o p 13 1 \p R.1.5 hill II m 1 1 —2 nR�-F cr iaaa I Z • L II X R ..........Chapman Road 2R� R-2-1500 I Y At 9 'R ' lb f. • 1 ,4 r IAMIE RENEE R,4 [ R( 't � ° , r r U . ° • • • ' 20 i 15R I ,R r u ° I. • a / ., . n . ., a , e • • - r,� s[n s D R R-'j- 5 0 0 4 S 1 Rr, Cr y--- Agenda Item y'R= == = PZ 99 - 03 • • . \�' I I , ,. I , I , 1 , I •— -- R - - --- - •- ._._,RU.kC= -- NORTH RICH!n6D ( MATCH VIII - sir C•,(' 14-411 ORDINANCE NO. 2377 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No 1874 and the Official Zoning Map by rezoning certain property as set forth herein, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-03, the following described property known as Tract 4C4, of the J. McComas Survey, A-1040 and proposed to be platted as Lot 1, Cope Addition, Tarrant County, Texas and addressed as 6724 Meadow Road containing 2 262 acres shall be rezoned from Ag Agricultural and R1-Residential to R-1-S Special Residential 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 2377 Page 1 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11th DAY OF MARCH 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 29nd DAY OF MARCH 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 Ordinance 2377 Page 2 Draft Copy 6. PZ 99-03 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN COPE FOR A ZONING CHANGE ON TRACT 4C4, OF THE J. MCCOMAS SURVEY, A-1040 FROM AG-AGRICULTURAL AND R1-RESIDENTIAL TO R1S-SPECIAL RESIDENTIAL. (LOCATED AT 6724 MEADOW ROAD AND PROPOSED TO BE FINAL PLATTED AS LOT 1, BLOCK 1, COPE ADDITION) APPROVED Because of a prior commitment, Mr. Wood excused himself for the evening Chairman Davis opened the public hearing and asked for any proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed Mr Lueck, seconded by Mr. Blue, moved to approve PZ 99-03. The motion carried unanimously. Page 9 3/11/99 P 8 Z Minutes J N}tH Qty of North Richland Hills APPLICATION FORA 7301 NE Loop ezo i ZONING DISTRICT CHANGE North Richland Hills,Texas (Plea pnl or type s0 responses) 817-581-5500 °ART 1. APPLICANT INFORMATION ..ame of applicant/agent. John Cope Street address of applicant/agent: 7709 Briarridge Court City/ Slate/Zip Code of applicant/agent. Telephone number of applicant/agent North Richland Hills, TX 76180 (817) 788-9260 PART 2. PROPERTY INFORMATION Street address at location where zoning district change is being requested. 6724 Meadow Road Legal Descnption of Property where zoning district change Is being requested. Tract 4C4, J. McComas Survey, Abstract 1040 Current zoning classification Proposed zoning classification' Proposed use of the property R-1 & AG R-1-S Residential Reason for zoning dis(nct change' Survey or map attached as required by application. Affidavit attached Imm properly owner d applcant Is not owner. X Yes No Yes No PART 3. PROPERTY OWNER INFORMATION of property owner John & Bethanie Cope Street address of property owner 7709 Briarridge Court City/ State/Zip Code of property owner Telephone number of property owner. North Richland Hills, TX 76180 (817) 788-9260 Note: Attach letter or affidavit from property owner ddiferent(mm applicant/agent. I hereby certify that I am,or represent,the legal owner of The property descnbed above end do hereby submit this request for approval of a Date zoning district change to the Planning end Zoning Commission for consideration Print Name Signature. PART 4. FOR OFFICE USE ONLY Date of Planning&Zoning Commission Public Hewing- Taxes Paid? Case Nu Yes No q9, 03 Date of City Council Public Hearing Fee. Yes No Zoning Drs(nct Change Approved 5300.00 Yes No n Yes No Co' "ons of Approval This application will not be scheduled for public hearing until application lee is received Zoning District Change CD-407 (2197) CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 03/29/99 Subject Request of Jimmy Lopez of Adams Consulting Engineers Agenda Number PS 98-62 For a Final Plat of Lots 2R through 6, Block 6, Tapp Addition. (Located at the Northeast Corner of NE Loop 820 and Industrial Park Boulevard) Mr. Lopez has submitted a final plat on 22.122 acres for 5 lots. Lot 2 is proposed to be developed with a Sam's Wholesale Club The remaining lots are not proposed to be developed. The property is zoned C2-Commercial and 12-Industrial. The property is designated on the future Land Use Plan as commercial. The final plat relocates Industrial Park Boulevard slightly to the west The engineer has agreed to all of Public Works comments and requirements. The only issues outstanding are as follows. 1. TRAFFIC ANALYSIS A traffic analysis has been provided. A signal light was suggested at the intersection of Loop 820 Frontage Road and Industrial Park Boulevard. Signal light plans have been submitted, although revisions are required. The engineer responded in the attached letter that signal light plans are being produced 2. DART ROW The runoff from a portion of this property is shown to discharge into the DART ROW Storm drain improvements are also shown to be constructed in the DART ROW. A letter of permission is required from an authorized representative from DART acknowledging acceptance of this discharge. Easements will be required for all storm drain improvements. A meeting was held on site with representatives from Public Works, Adams Consulting and DART. It appears the proposed improvements will be permitted with additional channel work provided in the DART ROW by the Developer. The Parks and Recreation Department noted they have leased the DART ROW for the continuation of the trail The engineer has scheduled a meeting with the Parks and Recreation Department to discuss the impact of the drainage and trail plans for the area. The engineer states in the attached letter that all parties will work on an acceptable resolution regarding the DART ROW. 3. FIRE HYDRANT The fire hydrants located on the west side of Industrial Park Boulevard are not considered as applicable fire hydrants. Additional fire hydrants and easements may be required The fire hydrants proposed in the Frontage Road need to be relocated on site and contained in a water line easement Finance Review Source of Funds Account Number Bonds (GO/Rev.) Sufficient Funds Avaiiaoie Operating Budget Other 1 Finance Director / L.O{p°II CAA Cl_ altestiaA f Depa ent Head Signature t' /7._ ity ManagerCWre \\NRH_CITY_HALL\VOL1\DATA\PI\Cases\PS Cases PS 98-62 Tapp Addition.Block 6 dot Page 1 of 2 CITY OF NORTH RICHLAND HILLS 4 DRAINAGE EASEMENTS All storm drain improvements shall be placed in a drainage easement. A minimum of 5'-0 of easement is required from the edge of the structures Attached are letters from Dan Smalley and Wal Mart's' Engineer committing to dedicate the necessary easements. 5 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 with the approved final plat. The attached letters state Dan Smalley and Wal Mart are committed to dedicate the necessary easements. 6 DRIVEWAY SPACING The driveway spacing shown on the plans indicate an approach on Boulder Drive for Lot 2R A temporary approach is being designed and permitted by TXDOT for Lot 3. This approach will be abandoned when the reconstruction of Loop 820 Frontage Road is completed. The new approach for Lot 3 will be between Lots 4 & 5. An access easement is being dedicated for future use. This approach may not be used until the Loop 820 Frontage Road is completed An additional approach is proposed for Lot 4, located between the temporary approach on Lot 3 and the future approach on the lot line of Lots 4 & 5. The proposed approach for Lot 4 should be labeled temporary and removed when the approach between Lots 4 & 5 is constructed. Access for Lot 6 is requested off of Loop 820 Frontage Road. Public Works requires the approach to be 100 feet from the intersection This encroaches onto the future gore area of the frontage road Public Works, TXDOT and the Developer are negotiating the location of this approach. 7. SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public streets. The sidewalks along Loop 820 Frontage Road were waived with the platting of Lot 1, Block 6 for the Wal-Mart site. The developer is requesting a waiver for the sidewalks adjacent to Lot 3, Block 6 for the Sam's site Sidewalks have been shown on the construction plans adjacent to Lots 2R, 3 and 6 along Industrial Park Boulevard and Lot 2R along Boulder Drive 8. ZONING The applicant needs to submit a zone change request to rezone the 12- Industrial zoning district to C2-Commercial. This was mentioned at the preliminary plat stage The applicant has not followed up to get the zoning changed. The Planning & Zoning Commission will consider this plat on March 25 and staff will forward their recommendation to the Mayor and City Council on Friday, March 26. CITY COUNCIL ACTION ITEM \\NRH_CITCHALL\VOL1\DATA\PI\Cases\PS Cases\PS 98-62 Tapp Addition,Block 6 dot Page 2 of 2 RECOMMENDATION Staff recommendation to the P&Z is to consider PS 98-62 subject to the engineer's comments requiring submittal of signal light plans, letter of permission from DART acknowledging acceptance of the discharge and easements for all storm drain improvements, provide the additional fire hydrants and easements as may be required, relocate the 2 fire hydrants along the frontage road in a water line easement, all storm drain improvements to be placed in a drainage easement, provide all off-site easements and signed exhibits and address the driveway spacing as noted. CITY OF NORTH RICHL AND HILLS luu-ca-d0 lue ud' a Hf NHL-flan: UCJ:6N hh/S NV. oUI dli 1014 02 • CP' P March 23, 1999 0-7 RFC�.�I.yFf� • Ms.Julia Skare, P E. i1 MAR 3 - H Department of Public Works -0 111 City of North Richland Hills 'C7 7301 Nic Loop 820 �i V�98 North R¢halnd Hills,TX 76180 Re: Proposed Sam's Wholesale Club Store No. 8268 Loop 820 @ Industrial Park Blvd. Dear Ms Skate: Pursuant to your request during a telephone conversation yesterday with Daniel J Adams. Adams Consulting Engineers, Inc, this letter is provided to dariy the position of Wal-Mart Stores, Inc. regarding your requirement to construct facilities to convey developed runoff from the west right-of-way of the DART railway approximately 750 feet westerly to a discharge point in Singing Hills Creek We are aware of the status of the developer of the proposed apartment complex, Colonial Equities, Inc, in that they have indicated to you that they have no established bmetable for the construction of the apartment facility. We are further aware of the concern of the Public Works Department regarding the conveyance capacity of the existing drainage way west of the railroad, especially with respect to the proposed increase in runoff due to the construction of the Sam's Club and the expansion of the existing Wal-Mart It must be noted, however, that the position of Wal-Mart Stores, Inc is that the responsibility for constructing improvements already planned and designed by the apartment developer should not be Imposed on Wal-Mart,especially at such a late stage in our design and permitting process. Nevertheless, in a effort to expedite the approvals and permitting for the Sam's Club, and at risk of further delays in the plat approval process.WarMart commits and hereby agrees to construct approximately 750 linear feet of channelizabon improvements to convey the ultimate developed runoff from the west railroad nght-of-way to Singing Hills Creek Granted,the ability to construct these improvements shall be pending approval and acquisition of a drainage easement from the applicable landowner(s). Wal-Mart commits to exercise due diligence to acquire said approvals and easement(s), but can accept no responsibility for failure on the part of the landowner(s)to grant same, nor should Wal-Mart be penalized due to the failure of others to comply and cooperate in this endeavor. If you have any questions regarding this matter, please contact me at your earliest convenience Sin - y, W.I-Mart Stores, Inc. T Agenda Item - PS 98-62 °° �C Final Plat of Lots 2R thru 6, Block 6, Tapp Addition u ' ,S68 �m I-2 2168 ) .2 / C am � ' /• 1608 7 ''Cl;,? R-7-Mf Pt; o • • i 3D- 3 -4-Q44Q n. 1 / w 160 C-2 .6( / ‘1114 n. ° l - F ,. 4 TQV14 ■ // P A . "`MZ i,e. v 600N O „r0 a m,.• C-2 l �, i vrwiic • 1 PD ] a v 1p.9� m I PD-2 �V PD-2 no -.. eC il.. / !j > cl ' 19 ;p4.200,0 r•[' - ` a_t 1316 A \• J1lW 1 j ia' 156]x • a2? p u n 'p, /, '4 9 1 0 �I'� �PsE� + `o ' QJ,o` -,- N n0. • v y\._„� Ci ' . C� AQ a . �' f U1 '.1 .5 ' f y}r •- - •,• Skeeter & Bucky, L.P. 5720 LSJ rRawwq Suft 450 LB 16 DALLAS Tess 75240-6339 972 774 1000TEL 972 455 2233 Fnx VIA FAXIMILE 817-656-7538 March 18, 1999 Ms.Julia Skare,P.E. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills,TX 76180 Re: Proposed Sam's Store#8268 N. Richland Hills,TX Dear Ms.Skare: The purpose of this letter is to clarify my position regarding the outstanding items pertaining to the plans for the proposed development on the east side of Industrial Park Boulevard,as it relates to my proposed development. I understand that there are a few items rernaming to be resolved with the proposed Sam's Wholesale Club development(plans that effect my property). We have been working closely with Wal-Mart's engineer and are committed and hereby agree to dedicate the necessary easements required for public drainage,water and sanitary sewer improvements. We arc also committed to seeing that Sam's and the Wal-Mart expansion progress forward and be completed as soon as possible. If you have any questions or concerns,please feel free to call me. Sincere a - Dan R. malley,PresidentCapncom Management, - Partner Wal-Mart Stores, Inc. Sam M.Wtlma Development Complex (501)2]34859 2001 SE ION St FAX (501)273-4107 arnmnvillc,AR 727126489 March 18, 1999 Ms Julia Skare,P.E. Fax No. 817-656-7538 City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX RE: Proposed Sam's Store No. 8268 N. Richland Hills, TX Dear Ms. Skare: The purpose of this letter is to clarify the position of Wal-Mart Stores, Inc. regarding the outstanding items pertinent to the plaits for the proposed Sam's Wholesale Club located near the intersection of Loop 820 Frontage Road&Industrial Park Boulevard. We understand that there are a few items remaining to be resolved;however, Wal-Mart is committed and hereby agrees to dedicating the necessary easements required for all public water,drainage and sanitary sewer improvements. We are also committed and hereby agrees to adding the drainage improvements necessary to obtain approval from the City, DART and the other down stream entities. If you have any questions,please feel free to call me. Sincerely, Wal-Mart Stores, Inc. Richard Cantor Civil Engineer Manager a - sc CITY OF NORTH RICHLAND HILLS, TEXAS FAX TRANSMITTAL DATE: March 17, 1999 NO. OF PAGE (S): 2 TO: Don Craig FAX NO: 903124-8450 FROM: JULIA W. SKARE, P.E., STAFF ENGINEER PUBLIC WORKS ADMINISTRATION 7301 N. E. LOOP 820 P.O. BOX 820609 NORTH RICHLAND HILLS, TX 76180 PHONE: 817/581-5521 FAX: 817/656-7538 RE: TAPP ADDITION, BLOCK 6, LOT 3; Sam's Wholesale The plat is scheduled for P & Z consideration for March 25. All of the items outlined in the November 25, 1998 release of grading letter, except an on site meeting, have been addressed Grading can begin after the meeting with the contractor and the Technical Construction Inspector Public Works believes the following items need to be provided prior to the Plat being placed on the City Council for consideration on March 29 > A letter from Wal-Mart Corp and a letter from Dan Smalley is required agreeing to dedicating the drainage, water and sanitary sewer easements as necessary. r/� Fl Ic+✓zr -Pr (n(al-Yytar+ ayz-e A9 -k c.o IJlnd- DI.r,+ A letter from an authorized DART representative agreeing to provide VQQ J; (e S . easements or permits as necessary. -- - A letter from Wal-Mart committing to providing the necessary concrete lining and erosion control off site Prior to start of construction on Industrial Park Boulevard the following items will need to take place. The review of the plans completed I've committed to a Friday, March 19 deadline. > Provide 2 copies of the contracts and maintenance bonds as outlined in the Wal-Mart approval letter or in the draft of the approval letter previously supplied. Inspection fees will need to be paid. > Pre-construction conference held. The meeting will be scheduled after the above items have been received •' ADAMS CONSULTING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS MEMORANDUM TO Ms Julia W. Skare, RE , Staff Engineer (City of North Richland Hills) FROM. Don Craig Adams Consulting Engineers, Inc SUBJECT. Response to Memo to Planning & Zoning, Dated March 15, 1999 PS98-62, TAPP ADDITION, Block 6, Lots 2R-6, Final Plat, Sam's Wholesale DATE March 16, 1999 In response to your comments, the following is a list that corresponds to your letter indicating the revisions that have been made to the plans 1 DRAINAGE STUDY: The storm sewer was designed for the 10-Year storm and analyzed for the 100-Year storm The combination of storm sewer, street and right-of-way convey the 100-Year storm while maintaining a minimum of two open lanes of traffic We will provide any additional drainage information and calculations upon request 2 TRAFFIC ANALYSIS: Signal light plans are being produced by the firm that prepared the traffic study, Traffic Engineering Consultants, and will be included in the plans once they are complete The revisions to the right turn lane on Industrial Park Boulevard will be addressed upon receipt of the letter to Engineer 3 DART ROW: We are in the process of designing the channel improvements and will submit the plans to DART and Fort Worth & Western Railroad upon completion Also, we are aware that the City Parks & Recreation department will be involved in review and approval of the channel improvements along the railroad right-of-way We will work with all parties involved to come to an acceptable resolution regarding these matters 4 WATER: The proposed location of the water services for Lots 2R and 3-6 will be Indicated in the next submittal Sheer I of 3 5. SANITARY SEWER: Please indicate in the letter to Engineer any additional information required on the sanitary sewer service. 6 FIRE HYDRANT: The fire hydrants on the west side of Industrial Park Boulevard will be deleted for the coverage area for this subdivision Additional hydrants will be added as required to cover the entire property. Hydrants located along the Frontage Road will be located within the property. Easements will be revised and/or added as needed by the surveyor to cover all areas 7 UTILITY EASEMENTS: The easements will be revised as required Please indicate any known discrepancies on the plan mark-ups The utility easement along the east side of Industrial Park Boulevard will be deleted from the plat 8 DRAINAGE EASEMENTS: The easements on the plat and as shown on the grading plan will be revised to obtain full coverage of the proposed inlets An easement will be added to the plat to cover the proposed flume on the east side of the Sam's store. 9 OFF SITE EASEMENTS: The easements were submitted to this office for review by the attorney, however, the public improvement easements will need to be revised to match the City's format These will be submitted to City for review once they have been revised 10 OFF SITE GRADING: A set of plans will be submitted to the adjacent owner for review requesting an updated letter of acceptance, once we have received Public Works approval 11 ROW DEDICATION: The additional dimensions will be added to the plans at the locations as requested and shown on the marked up bluelines 12 STREET IMPROVEMENTS: Any additional information outlined in the letter to Engineer will be provided in the next submittal 13 DRIVEWAY SPACING: The drive approach to Lot 2R will be designed to meet the City's criteria upon development of the lot The approach for Lot 4 will be labeled as a temporary drive We are in the process of setting a meeting with TxDOT to discuss the proposed access along the Frontage Road Sheet 1 or] 14. TXDOT PERMIT: All applicable TxDOT permits will be submitted to Public Works upon acceptance of the plans 15 SIGNATURES: The appropriate signatures will be added to the plat. A copy of these comments has been forwarded to Marshall Lancaster & Associates (Surveyor) for review and coordination of the plat revisions 16 SIDEWALKS: We do not recommend encouraging pedestrian along an Interstate Frontage Road, therefore, we request these sidewalks be waived 17 STREET LIGHTING: We will coordinate any additional street lighting required with TU Electric Please indicate any additional locations required in the letter to Engineer and/or on the marked-up bluelines 18 ENGINEERS CERTIFICATION: The engineers certification will be included in the next submittal, on the drainage calculations sheet, as shown in the Subdivision Ordinance 19 INSPECTION FEES: The inspection fees will be paid prior to beginning construction at the current City rates. We feel confident that all items listed on your comments can be addressed prior to our next submittal If you have any questions or additional comments, please feel free to call me at the office no 903- 324-8400 or mobil no #903-521-8005 Slicer 3 of 3 CITY OF NORTH RICHLAND HILLS, TEXAS FAX TRANSMITTAL DATE: March 17, 1999 NO. OF PAGE (S) 2 TO: Don Craig FAX NO: 903124-8450 FROM: JULIA W. SKARE, P E., STAFF ENGINEER PUBLIC WORKS ADMINISTRATION 7301 N. E. LOOP 820 P.O. BOX 820609 NORTH RICHLAND HILLS, TX 76180 PHONE: 817/581-5521 FAX: 817/656-7538 RE' TAPP ADDITION, BLOCK 6, LOT 3; Sam's Wholesale The plat is scheduled for P & Z consideration for March 25. All of the items outlined in the November 25, 1998 release of grading letter, except an on site meeting, have been addressed. Grading can begin after the meeting with the contractor and the Technical Construction Inspector. Public Works believes the following items need to be provided prior to the Plat being placed on the City Council for consideration on March 29 A letter from Wal-Mart Corp and a letter from Dan Smalley is required agreeing to dedicating the drainage, water and sanitary sewer easements as necessary. I Ic+fzr -Pro rom n(al-altar+ a_3Y-2 14.3 Ta (1.v iJlrdf �a A letter from an authorized DART representative agreeing to provide VQ1 J i re S. easements or permits as necessary. - f A letter from Wal-Mart committing to providing the necessary concrete lining and erosion control off site. Prior to start of construction on Industrial Park Boulevard the following items will need to take place The review of the plans completed I've committed to a Friday, March 19 deadline. Provide 2 copies of the contracts and maintenance bonds as outlined in the Wal-Mart approval letter or in the draft of the approval letter previously supplied. Inspection fees will need to be paid. > Pre-construction conference held The meeting will be scheduled after the above items have been received. CITY OF NORTH RICHLAND HILLS Public Works March 15, 1999 MEMO TO: Planning and Zoning Commission FROM Julia W. Skare, P.E. Staff Engineer SUBJECT: PS98-62, TAPP ADDITION, Block 6, Lot 2R-6, Final Plat, Sam's Wholesale We have reviewed the subject documents submitted to this office on March 1, 3, & 8, 1999. The following items are for your consideration 1. DRAINAGE STUDY The difference between the 10-year and the 100-year storm needs to be addressed. Additional required drainage information and calculations will be requested in a separate letter to the Engineers. 2 TRAFFIC ANALYSIS A traffic analysis has been provided A signal light was suggested at the intersection of Loop 820 Frontage Road and Industrial Park Boulevard. Signal light plans are required. A right deceleration lane on the northbound side of Industrial Park Boulevard also is required Plans have been submitted, although revisions are required This will be addressed in a separate letter to the Engineers 3 DART ROW The runoff from a portion of this property is shown to discharge into the DART ROW. Storm drain improvements are also shown to be constructed in the DART ROW. A letter of permission is required from an authorized representative from DART acknowledging acceptance of this discharge Easements will be required for all storm drain improvements. A meeting was held on site with representatives from Public Works, Adams Consulting and DART It appears the proposed improvements will be permitted with additional channel work provided in the DART ROW by the Developer 4. WATER The proposed location of water services for Lots 2R and 3-6 need to be indicated on the property line P.O. Box 820609•North Richland Hills,Texas •76182-0609 7301 Northeast Loop 820 • 817-581-5521 • FAX 817-656-7538 PS98-62, Tapp Addition, Block 6, Lot 2R-6, Final Plat March 15, 1999 Page 2 of 4 5 SANITARY SEWER The proposed location and flow line of sanitary sewer services for all lots has been provided. 6 FIRE HYDRANT The fire hydrants located on the west side of Industrial Park Boulevard are not considered as applicable fire hydrants per the Public Works Design Manual. Additional fire hydrants and easements may be required. It appears the entire property (all lots) is not contained in the 300 foot required radial distance. The 2 fire hydrants proposed in the Frontage Road need to be relocated on site and contained in a water line easement This will need to be revised with the next submittal. 7 UTILITY EASEMENTS The Subdivision Ordinance requires a 7 5 foot Utility Easement on both sides of all water and sanitary sewer mains. There are a few discrepancies between the plans and the plat that need to be revised with the next Final Plat submittal. See item #6 above requiring additional easements for fire hydrants. The utility easement located along the east side of Industrial Park Boulevard is not longer required since the storm drain was moved to the center of the street 8 DRAINAGE EASEMENTS All storm drain improvements shall be placed in a drainage easement A minimum of 5-0 of easement is required from the edge of the structures. It appears there are still few locations where inlets are not completely contained in the easement. The flume needs to be contained in a drainage easement. This needs to be resolved on the next Final Plat submittal. 9. OFF SITE EASEMENTS All off site easements and exhibits need to be prepared and forwarded to the Public Works Department for review with the next submittal. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat 10. OFF SITE GRADING A notarized letter of permission for all off site grading is required after plan approval and prior to start of grading. A fax copy of the letter was received prior to the plans being approved. Public Works suggests an updated letter if significant changes are required or made on the approved off site plans 11. ROW DEDICATION The current plans indicate a variable ROW for the new Industrial Park Boulevard Additional dimensions are required at 4 locations where the existing and new street join and at the intersection of Industrial Park Boulevard and the Frontage Road These locations are shown on the marked up blueline PS98-62, Tapp Addition, Block 6, Lot 2R-6, final Plat March 15, 1999 Page 3 of 4 12. STREET IMPROVEMENTS Plans have been submitted for the realignment of Industrial Park Boulevard. Additional information is required and will be outlined in a separate letter to the Engineer. 13 DRIVEWAY SPACING The driveway spacing shown on the plans indicates an approach on Boulder Drive for lot 2R This approach will need to meet the current criteria for approaches when Lot 2R is developed. A temporary approach is being designed and permitted by TxDOT for Lot 3 This approach will be abandoned when the reconstruction of the Loop 820 Frontage Road is completed. The new approach for Lot 3 will be between Lots 4 & 5 An access easement is being dedicated for future use. This approach may not be used until the Loop 820 Frontage Road is completed An additional approach is proposed for Lot 4, located between the temporary approach on Lot 3 and the future approach on the lot line of Lots 4 & 5. The proposed approach for Lot 4 should be labeled temporary and removed when the approach between Lots 4 & 5 is constructed Access for Lot 6 is requested off of the Loop 820 Frontage Road. Public Works requires the approach to be 100 feet from the intersection. This encroaches onto the future gore area of the Frontage Road. Public Works, TxDOT and the Developer are negotiating the location of this approach. 14. TXDOT PERMIT The Plat is bordered by Loop 820 Frontage Road and a State Highway. A TxDOT Access Permit will be required. A TxDOT utility permit is required for all utility connections or improvements located in the State ROW The plans indicate grading work in the bar ditch in the State ROW A TxDOT permit will be required for this work also. The TxDOT permit application must be submitted to Public Works after the plans are approved and prior to submitting to TxDOT 15. SIGNATURES The appropriate signatures need to be added to the Owners 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 P898-62, Tapp Addition, Block 6, Lot 2R-6, Final Plat March 15, 1999 Page 4 of 4 16 SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public streets. The sidewalks along Loop 820 Frontage Road were waived with the platting of Lot 1, Block 6 for the Wal-Mart site. The developer is requesting a waiver for the sidewalks adjacent to Lot 3, Block 6 for the Sam's site Sidewalks have been shown on the construction plans adjacent to Lots 2R, 3 and 6 along Industrial Park Boulevard and Lot 2R along Boulder Drive. 17. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual Relocation of streetlights has been shown on the construction plans. Any additional streetlights that may be required based on current ordinances, needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. 18. ENGINEERS CERTIFICATION An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculation sheet in the construction plans. 19. INSPECTION FEES Inspection fees will be due prior to starting construction The current rate is four (4%) percent for water and sewer and three (3%) percent for streets and drainage Additional comments will be forwarded to the Engineer no later than Friday, March 19 The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. (. (L r `ACLU__/pwm99057 % cc: Gregory W. Dickens, P E., Public Works Director Kevin B Miller, RE , Assistant Public Works Director Marcy Ratcliff, Planning Director CITY OF NORTH RICHLAND HILLS, TEXAS FAX TRANSMITTAL DATE: March 15, 1999 NO. OF PAGE: TO: Don Craig FAX NO: 903-824-8450 FROM: JULIA W. SKARE, P.E., STAFF ENGINEER PUBLIC WORKS ADMINISTRATION 7301 N. E. LOOP 820 P.O. BOX 820609 NORTH RICHLAND HILLS, TX 76180 PHONE: 817/581-5521 FAX: 817/656-7538 RE: TAPP ADDITION, BLOCK 6, LOTS 2R, 3-6, Sam's Wholesale A written response is required no later than Wednesday, March 17, 1999 to be considered for the March 25, 1999 P & Z agenda. The plans will be ready to pick up on or before Friday, March 19, 1999. Your office will be contacted when the letter and plans are ready for pick up NItFI APPLICATION FOR A City at North R,:and:d4 730: Northeast Loop 820 PRELIMINARY PLAT Noah Richland Hll¢ Texas (Praise vn Cr F4.air uacnn.ul Proposed Subdivision Name 917-531-58C0 Tapp Addition, Lot 2-R & 3 Thru 6, Block 6 Current Legal Description Wal-Mart Real Estate Business Trust, Volume. 13196,pg. 68 and Volume 13470, pg. 392. Skeeter and Bucky,L.P. ,Vol- 13196,pg. 72.The City of N.R.H. - Name and Actress of Current Props- Owner Vni 10468 .P4. 1221 _ y Wal-Mart Stores, Inc. P7Cnemc 501 -273-4000 2001 S .E. 10th Street Bentonville, Ar 72717 Name and Adhgss of Previous Cwne-Of purc-hased dumig las:twelve months/ Skeeter & Bucky, L.P. The City of North Richland Hills Name and access of Geve Goer Wal-Mart Stores, Inc- P,.,r- ".01 -273-4000— Name and Actress of Engmee- Adams Consulting Engineers, Inc. P ,.ner:a S33-324-8400 6320 Copeland Rd. Tyler,Texas 75703 Type of Geveepment Being POpc:ed fl SE Residential Q ME Residential G..e, ❑ tiµle+Residential Ccm.merc.al/Incusmal Total Number or Acres in pat 22. 122 Goner:Zoning Ca raise:on "C-Z" & "I-Z" Total f:umoer of Lots In Plat 5 WII a Zoning Change be=maosed7 Yes No App!Ca,on Fee lineron.ma.a r-acea ctireruon, $120. 00 , $5. 00/AC. X 22 Acres 5 230 . 00 'hereby cerly that I em,br represent the legal owner or the prvicec-Ceno bed atbve and do hereby submit this Preum,nar/Pat to the Planning and Zoning Commission for consideration Gate December 21 , 1998 Apphcanrs Phdre no 903-329-8400 Prnt Name S \v‘n v,i‘.,.Y! /�/�F Z Signature (/ a_ OFPICEUSEONLY r�) q /1 G axes Paid Case Number //3 Liens Paid `_la (�>/ Asxeismen:en::paid PRELIMINARY PLAT CO -401 (2195) CITY OF NORTH RICHLAND HILLS MEMO TO: Mayor and City Council FROM: Larry J Cunningham, City Manager SUBJECT: PS 98-62 DATE: March 26, 1999 REF: CMM#99-045 On Agenda item #9, PS 98-62, the cover sheet stated that the Planning and Zoning Commission would consider this plat on March 25 and staff will forward their recommendation to the Mayor and City Council on Friday, March 26. The P&Z considered the request of Jimmy Lopez of Adams Consulting Engineers for a Final Plat of Lots 2R through 6, Block 6, Tapp Addition at their March 25, 1999 meeting. They recommended unanimous approval subject to engineers comments, which include submittal of signal light plans, letter of permission from DART acknowledging acceptance of the discharge and easements for all storm drain improvements, provide the additional fire hydrants and easements as may be required, relocate the 2 fire hydrants along the frontage road in a water line easement, provide all off-site easements and signed exhibits and the addition of two shared curb cuts, one between Lots 4 & 5 and the other between Lots 5 & 6 on the 820 frontage road, the elimination of the entrance in the middle of Lot 6 and allow only one curb cut on Industrial Park Boulevard for Lot 6. Staff Recommendation: To approve PS 98-62, and Planning & Zoning Commission recommendations. �IILd I Larry 7 Irningham, City Manager LJC/Id CITY OF NORTH RICHLAND HILLS Department Finance Counctl Meeting Date 3/29/99 Subject User Fee Cost Recovery Study Agenda Number GN 99-28 In the 1998-99 City Operating Budget City Council appropriated funds for a user fee cost recovery study. The purpose of such a study, as discussed during the budget process, is to determine what is the actual cost of providing the services for which user fees are charged, to determine to what degree the City is recovering the costs of the services and to make adjustments to the fees as desired. It has been over ten years since a study of this nature was performed and many of the fees that are currently being charged have not been adjusted since then. Requests for proposals were mailed to nine prospective firms and three proposals were received Proposals were evaluated based on the following criteria: 1. Vendor experience in similar types of projects for other Cities 2. Number and qualifications of the staff personnel assigned to the study 3. Ability of the firm to complete the study in a timely manner. 4 The ability to provide software and training to enable City staff to analyze fee cost recovery in the future. 5. Quality and completeness of the proposal 6. Not-to-exceed cost. Of the three proposals, one firm clearly stood out as the best DMG Maximus currently serves over 2,900 local governments and state agencies in forty-nine states. Their proposal provided a list of twenty-five Texas cities and twelve Texas counties for which they have provided cost allocation or cost recovery services in the last three years These include the cities of Arlington, Bedford, Dallas, Denton, Fort Worth, Garland, Greenville, Mesquite, Plano and Richardson. The DMG proposal indicates that the engagement will be supervised by Mr. Mark Epstein, the Regional Vice President in charge of the Texas practice out of the Dallas office. Assisting on the project would be a manager, a senior consultant and one other consultant, all with extensive city cost recovery analysis experience Their proposal is the only one which includes the installation of and training on software specifically designed for cost analysis. The other two proposals would design spreadsheets on windows compatible Finance Review Source of Funds Account Number 001-9898-526. 35-50 Bonds (GO/Rev ) Sufficient Funds Available Operating Budget vl /�-ATh-U--1 Fnance Director • A As draeU.S I a Dep/ ment Head Signature ity Managrr Si. ature Page 1 of 1. CITY OF NORTH RICHLAND HILLS software. DMG's proposal was the most complete including examples of completed studies, detailed methodology and even a software users manual. DMG will produce a draft report in not more than ninety days and a final report and presentation to Council in not more than 120 days. The not-to-exceed cost proposed by DMG is $25,800. The City also received a proposal from Becky Brooks-Grimm/Mildred Ellis-Farmer, independent consultants based in the Dallas-Fort Worth area. Their estimated cost of $22,800 was loosely based on how much work City staff would be able to do. The experience and personnel resources provided by these consultants are significantly less than DMG and they only propose a team of two consultants for the project. The availability of the consultants would depend on other pending projects they might have. While the other proposal from Deloitte and Touche provides adequate experience and resources, the hourly rates and number of hours estimated are significantly higher than the other proposals, resulting in an estimated cost of$59,500. Council has appropriated $25,000 for this project. Funds are available to provide the $800 additional dollars proposed by DMG. Recommendation To approve the User Fee Cost Recover Study Proposal from DMG Maximus in the not-to- exceed amount of$25,800. CITY COUNCIL ACTION ITEM Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 03/29/99 Subject Authorize Broadcasting of Pre-Council Meetings Agenda Number GN 99-30 Councilwoman Cheryl Lyman has requested that this item be placed on the Council agenda. At the March 15 Pre-Council meeting IR 99-034 outlined four possible options if Council wanted to broadcast the Pre-Council meetings. Another suggestion was made that the Pre-Council meeting be held in the City Council Chambers The Mayor and Council did not arrive at a consensus about this matter, but it was stated that if any Council member wanted to pursue this to make the request. That is what is being done at this time Recommendation: Staff presents no recommendation on this item. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other Finance Director \ _ /ILIA. C- Department Head Signature city Manager sign- ure Page 1 of _ CITY OF NORTH RICHLAND HILLS Department- Administration Council Meeting Date 03/29/99 Consideration of Amendment to Sign Ordinance Agenda Number GN 9931 Regarding Political Signs on Public Right-of-Ways - Ordinance No. 2379 The attached ordinance amends the recently approved sign ordinance as it relates to political signs in public right-of-way, only This is in response to the request of Councilman Mitchell to allow political signs (small-yard type only) in the public right-of-way with the abutting property owners approval This amendment does not change the prohibition of political signs on public property The attached ordinance was drafted by the City Attorney and is attached for Council's consideration. Finance Review Source of Funds: Account Number Bonds (GO/Rev.) _ Sufficient Funds Available Operating Budget /^ Other j� Finance Director Department Head Signature ity Manager Page 1 of ORDINANCE NO 2379 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1 Ordinance No 2374 be, and is hereby, amended as follows Section 13-C- i of Ordinance No 2374 shall hereafter read as follows: "i. Political signs shall not be placed upon public property or within public rights-of- way except that political yard signs (less than 3 square feet in size) may be placed in the public right-of-way with permission of the owner of the abutting property PASSED AND APPROVED this 29th day of March, 1999 APPROVED Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, City Attorney APPROVED AS TO CONTENT: Steve Norwood, Assistant City Mar CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 03/29/99 Subject License Agreement for Right of Way Usage with Agenda Number GN 99-32 Metricom, Inc — Resolution No. 99-25 In August of 1998, Metricom, Inc. submitted a formal application with the City to secure a License Agreement for Right of Way usage on TU Electric power and light poles located in rights of way within the City Metricom. Inc. is a wireless Internet Service Provider (ISP) and is now establishing a network in the Dallas/Fort Worth Metroplex. Metricom, Inc. does not provide any telecommunication services that would be regulated by the master Ordinance for Telecommunication Providers as approved by the City Council at the March 15, 1998 meeting. They do not provide local telephone service. The service provided by Metncom, Inc., is supported by an infrastructure of low power transmitter/receivers attached to utility poles in a grid configuration, with transmitter/receivers located on approximately Y< mile grids. Internet service is established through the use of a wireless modem that connects to a subscriber's computer and transmits to the pole mounted receiver. This receiver retransmits to a regional controller that in turn is connected to Metncom, Inc.'s server via high speed phone lines In order to provide complete coverage in the Metroplex, Metncom must obtain license agreements with each city and has currently secured agreements with about 1/2 of the Metroplex cities. This will provide a seamless grid throughout the Metroplex and subscribers will be able to access their service from either a fixed location or as they travel throughout the Metroplex This service is already available in other metro areas such as Seattle, WA, Washington D C. and San Francisco, CA. The agreement with TU Electric should be finalized within the next month and no service will be offered until that agreement is finalized. The proposed License Agreement between Metncom, Inc. and the City is for a five-year period and requires that Metricom pay the City a $2,000 administrative processing fee for cost incurred in the initial adoption of this agreement and continued monitoring and enforcement of this agreement In addition, Metncom, Inc will pay the City an amount equal to 5% of Gross Revenues, or $125.00 as an on-going administrative fee, whichever is greater, for each quarter of each calendar year. This fee is in exchange for the City's granting Metncom a license for use of the public rights of way, which are valuable public property maintained by the City for the benefit of its citizens. The payments, based on Gross Revenues, are for customers whose billing addresses are within the city limits of the Finance Review Source of Funds. Account Number Bonds (GO/Rev) Sufficient Funds Avaiabie Operating Budget Other Finance Director • 0444n I sI Department Hear-gnature / tr Manager Sig erre Page 1 of 2 CITY OF NORTH RICHLAND HILLS City Due to the fact that this is a wireless service and users are not tracked by location, billing address is the only means of determining appropriate fees Language is in the agreement to ensure that the City will receive accurate revenues and that the City has the ability to review their records to ensure proper compensation. Additional terms of the License Agreement ensure that Metricom. Inc. will comply with applicable City requirements and that they will submit complete plans and specifications for any construction within the streets at least 30 days prior to start of work. Metricom, Inc. will also provide the City with a map, in "GIS format", that shows the approximate location of major components within the City. Metricom, Inc also agrees to maintain one million dollars Comprehensive General Liability Insurance and agrees to indemnify the City from liability, which arises out of the maintenance and operation of their system. This license agreement has been reviewed and approved by our City Attorney. In addition, Mr. Clarence West, the attorney used by this City to develop the Telecommunications Ordinance, has reviewed this License Agreement for several other Metroplex cities and has approved of the terms and conditions. for those entities. One additional benefit offered under the terms of this agreement would permit the City to access their services at a discounted rate. The number of access subscriptions is based on population. A representative from Metricom, Inc. will be available at the meeting to address any questions or concerns from the Council. An example of a typical installation is attached for your review. RECOMMENDATION: Approve Resolution No 99-25 authorizing the City Manager to sign the License Agreement with Metricom, Inc. to use the public rights of way CITY COUNCIL ACTION ITEM Page 2 of 2 RESOLUTION NO 99-25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS. TEXAS, that 1 The City Manager be, and is hereby, authorized to execute the attached Licensing Agreement with Metricom, Inc as the act and deed of the City PASSED AND APPROVED this 29th day of March,1999. APPROVED Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex McEntire, City Attorney APPROVED AS TO CONTENT Randy Shiflet, Deputy City Manager • A iiipria4;0 hfi' .... • A- 1,•- r k'- , „.„ , .,. . -•'',•.•:-' '''''..' ' • ..t.: • .,• . . • *IP i I• ...., i A„de t • v. - •.,.. :,,-., . Alw .........• *-; • -.S ' -1 , r-;Y.-. ...A .v,...:64 ).. _, .,...,1 ., . .,. . . ..... , .. . . ,,...,.. ....: .....N.r ,... ......}f! •,' - is '" .i �.• ,; ,`- xs , X14 L A LICENSING AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND METRICOM, INC . FOR THE CONSTRUCTION AND OPERATION OF A COMMUNICATION SYSTEM The City of North Richland Hills, State of Texas (hereinafter referred to as the "City") , hauing determined that the financial , legal , and technical ability of METRICOM, INC . ("METRICOM") is reasonably sufficient to prouide seruices, facilities, and equipment necessary for a state of the art wireless and wired tele- communication system, does hereby ordain as follows : SECTION 1 DEFINITION OF TERMS 1 . 1 TERMS . For the purpose of this License, the following terms, phrases, words, and abbreuiations shall haue the meanings ascribed to them below . When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number : 1 . 1 . 1 MUNICIPAL_ ACCESS PROGRAM . Municipal Access Program means the discount program described in §4 .9 below . a . "Affiliate" means an entity, which owns or controls, is owned or controlled by, or is under common ownership with Grantee . - 1 - b . "City" means the City, of North Richland Hills, Texas or the lawful successor, transferee, or assignee thereof c . "Communication Seruice" shall mean any wireless communication seruices provided by Grantee ouer its "Communication System" (as hereinafter defined) . Communication Seruice shall not include cable television seruices or an open uideo system as defined under the federal law or local exchange telephone seruice or other certificated telecommunications seruices, as certificated by the Public Utility Commission for which a separate license would be required to prouide such seruices . d . "Communication System" shall mean Grantee's Ricochet microcellular data transmission system of poletop radio receivers/transmitters, modems, and any associated conuerters, equipment or facilities designed and constructed for the purpose of producing, receiuing, amplifying or distributing data packets by forms of electronic or electric signals to or from subscribers or locations within the City . e . "FCC" means Federal Communications Commission, or successor governmental entity thereto . f "Grantee" means METRICOM, INC . , a Delaware corporation, or the lawful successor, transferee, or assignee thereof , with the consent as required in this agreement . - 2 - g. "Gross Reuenue" shall mean all receipts collected by Grantee from customers with billing addresses to include zip code plus four digits within the corporate limits of the City for all communications and communication-related operations and seruices within the corporate limits of the City as well as any other revenue arising from operation or possession of this License By way of example, but without limitation, "Gross Reuenue" includes all reuenues from the sale or lease of customer premise equipment, installation charges, access charges paid to Grantee by other carriers, charges to customers, subscribers and other users of the Communication System, license fees and occupation taxes surcharged to customers, and the lease or re- sale of lines or circuit paths to third parties . "Gross Reuenue" does not include ( i ) revenues uncollectible from customers (bad debts) , ( ii ) discounts, ( iii ) state, local , or federal taxes, or ( iu) the license fee payable to the City pursuant to § 4 . 1 .2(a) below . h . "Person" means an individual , partnership, association, joint stock company, trust corporation, or gouernmental entity . i . "Public Way" shall mean the surface of , and the space aboue, any public street, highway, freeway, bridge, land path, alley, court, bouleuard, sidewalk, parkway, lane, public way, driue, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for - 3 - compatible uses and any temporary or permanent fixtures or improuements located thereon now or hereafter held by the City in the Seruice Area which shall entitle the City and Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Communication System Public Way shall also mean any easement now or hereafter held by the City within the Seruice Area for the purpose of public travel , or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of way as shall within their proper use and meaning entitle the City and Grantee to the use thereof for the purposes of installing or transmitting Grantee' s Communication Services over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Communication System . Public Way shall not include any portion below any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, lane, public way, drive, circle, or other public right-of-way . j "Service Area" means the present municipal boundaries of the City, and shall include any additions thereto by annexation or other legal means . k . "Subscriber" or "Customer" means a person or user of the Communication System with a billing address within the corporate limits of the City, who lawfully receives Communication Services or other - 4 - service therefrom with Grantee' s express permission . SECTION 2 GRANT OF LICENSE 2. 1 GRANT . The City hereby grants to Grantee a nonexclusive License which authorizes Grantee to construct and operate its Communication System and offer Communication Services in, along, among, upon, across, above, over, or in any manner connected with Public Ways within the Service Area and for that purpose to erect, install , construct, repair, replace, reconstruct, maintain, or retain in, on, over, upon, across, or along any Public Way and all extensions thereof and additions thereto, such wires, cables, conductors, conduits, amplifiers, appliances, attachments and other related property or equipment as may be necessary or appurtenant to the Communication System . 2 .2 LIMITED GRANT . This grant of authority to provide the services described herein shall be limited solely to those services expressly described and no others . In the event of any ambiguity, this agreement shall be strictly construed as to the rights granted herein . 2 .3 DUTY T4 NOTIFY OF CHANGE. Grantee represents that the Communication System will be utilized exclusively for the rendering of Communication Services . If the nature or character of Communication Services changes in any manner in the future to include the offering of telecommunication or other services not expressly permitted under this License or if there is an increase in the size or number of any poletop radio transmitter/receiver Cor like above-ground apparatus) than was contemplated in the adoption of this License, as described in the application, then Grantee - 5 - shall notify the City in writing as soon as practicable . Such notice shall be serued at least sixty (60) days prior to the effectiue date of any change in the nature or character of the Communication Seruices or in the poletop radios (or like aboue- ground apparatus) 2 .4 COMPLIANCE WITH CITY REQUIREMENTS . Except as expressly prouided otherwise herein, Grantee shall comply with all applicable City ordinances, resolutions, standards and procedures, as now or hereafter adopted, to the same extent as any other person or entity doing business within the City . 2.5 TERM . The License granted herein shall be for a term of fiue (5) years from the effectiue date of the License as set forth in Section 2 .6, unless otherwise lawfully terminated in accordance with the terms and conditions of this License . 2 .6 ACCEPTANCE; EFFECTIUE DATE. Grantee shall accept the License granted pursuant hereto by signing this License and filing same with the City Clerk or other appropriate official or agency of the City within thirty (30) days after the passage and final adoption of this License . Subject to the acceptance by Grantee, the effectiue date of this License shall be the thirtieth (30th) day after its passage . If not accepted within thirty (30) days, this agreement shall be null and uoid and of no effect and no license shall exist between METRICOM and the City . SECTION 3 REGULATION OF THE USE OF PUBLIC WAYS 3 . 1 CONDITIONS OF STREET OCCUPANCY . All transmission and distribution structures, poles, other lines, and equipment installed or erected by Grantee pursuant to the terms hereof shall - 6 - be located so as to cause a minimum of interference with the proper use of Public Ways and with the rights and reasonable conuenience of property owners who own property that adjoins any of said Public Ways . 3 1 . 1 APPROVAL OF PLANS AND SPECIFICATIONS . Grantee shall prouide complete plans and specifications for all construction within streets to the designated City official for their reuiew at least thirty (30) days prior to the start of any construction during the term of this License . In the euent of rejection, Grantee shall submit reuised plans and specifications for approual . This prouision shall apply to each construction sequence if the construction is accomplished in phases . All such construction shall comply with all applicable ordinance(s) , including ordinances which may be adopted after the date of this License, all applicable ordinances shall include, but are not limited to, building and fire codes and zoning regulations Such construction and this License shall be expressly subject to all deeds, easements, dedications, conditions, couenants, restrictions and encumbrances which may affect the Public Ways . 3 . 1 .2 MAPS. Grantee shall prouide the City with a map (of general specificity) showing the approximate location of major components of Grantee' s Communication System within the City which is attached hereto or will be attached hereto as Exhibit A . . Upon written request of the City, Grantee shall update such map to reflect actual or anticipated improuements to the system . Any such map (or update thereof ) so submitted shall be for informational purposes only and shall not obligate Grantee to undertake any specific improuements, nor shall such map be construed as a proposal to undertake any specific improuements . Grantee shall submit such map (and - 7 - updates thereof ) to the City in "GIS" format, unless such map (or updates thereof ) cannot be prepared in a commercially reasonable manner in such format 3 .2 RESTORATION OF PUBLIC WAYS . If during the course of Grantee' s construction, operation, or maintenance of the Communication System there occurs a disturbance of any Public Way by Grantee, it shall , at its expense, replace and restore such Public Way to a condition reasonably comparable to the condition of the Public Way existing immediately prior to such disturbance . 3 .3 RELOCATION AT REQUEST OF CITY . Upon its receipt of reasonable aduance notice, not to be less than thirty (30) business days, Grantee shall , at its own expense, protect, support, temporarily disconnect, relocate in the Public Way, or remoue from the Public Way, any property of Grantee when required by City by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improuements by the City: but, Grantee shall in all cases haue the right of abandonment of its property . 3 .4 RELOCATION AT REQUEST QF THIRD PARTY . Grantee shall , on the request of any person holding a building mouing permit issued by the City, temporarily raise or lower its wires to permit the mouing of such building, prouided; (a) the expense of such temporary raising or lowering of wires is paid by said person, including, if required by Grantee, making such payment in aduance; and (b) Grantee is giuen not less than fourteen (14) business days aduance written notice to arrange for such temporary wire changes . 3 5 VEGETATION MANAGEMENT . Grantee and the City agree in principle to a line clearance standard that balances the aesthetic - 8 - needs of the community while enhancing service reliability . Grantee' s commitment is to respond promptly to the City Identified tree-related hazards . Grantee shall reasonably compensate the property owner for any damages caused by such trimming, or shall , in its sole discretion and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the System undertaken by Grantee Such replacement shall satisfy any and all obligations Grantee may have to the property owner pursuant to the terms of this Section 3 3 .6 SAFETY REQUIREMENTS . Construction, installation, and maintenance of the Communication System shall be performed in an orderly and workmanlike manner . All such work shall be performed in substantial accordance with applicable FCC or other federal , state, and local regulations . The Communication System shall not unreasonably endanger or interfere with the safety of persons or property in the Service Area . 3 .7 ABOUE GROUND CONSTRUCTION. Unless agreed to in writing by both City and Grantee, or approued by the appropriate body of the City, no communication system shall be erected or operated on any above ground poles, facilities or structure except these now or hereinafter owned or leased by one of the City's franchised public utilities, or as provided in section 3 .8 (b7 below . 9 - 3 .8 USE_, RENTAL UK LEASE OF UTILITY PQLES_AND FACILITIES . a . There is hereby granted to Grantee the authority to contract with the City or any appropriate board or agency thereof or with the holder or owner of any utility license in the City for the use, rental or lease of its or their poles and other structures and facilities for the purpose of supporting or carrying Grantee' s Radios wires, cables, electronic conductors and other facilities and appurtenances necessary or desirable in conjunction with the operation of its Communication System . The City agrees that any public utility owning or controlling such poles or structures may without amendment to its license, allow, and is encouraged to allow, Grantee to make such use thereof pursuant to any agreement reached between such utility company and Grantee . b . Grantee may request space in the City-owned poles and structures as may be auailable; howeuer, such permission is within the sole discretion of the City and must be granted in writing. SECTION 4 COMNSATION TO CITY 4 . 1 PAYMENT TO CITY . - 10 - 4 . 1 . 1 Administrative Fee . An administratiue fee is assessed Grantee as consideration for the administrative processing cost incurred in the initial adoption of this License, and for the continued monitoring and enforcement of same Grantee agrees to pay the City an administrative fee of Two Thousand Dollars ($2,000) upon acceptance of the Ordinance With a credit of $850 .00 from the application fee) Nothing herein shall preclude the City from recovering any administratiue costs incurred by the City in the approval of permits or in the superuision, inspection or examination of all work by Grantee in the Seruice Area as prescribed in accordance with applicable ordinances or laws . 4 . 1 .2 PUBLIC WAY USE FEE, LICENSE FEE AND LATE PAYMENT CHARGE . a . The City finds that the public streets, alleys and rights-of-way to be used by Grantee in the operation of its Communication System within the boundaries of the City are valuable public properties, acquired and maintained by the City at great expense to its taxpayers, and that the grant to Grantee of the use of said public streets, alleys and rights-of-way is a ualuable Property right, without which Grantee would be required to inuest substantial capital in right-of-way casts and acquisitions, therefore, Grantee agrees to pay to the City as general compensation for the use of the Public Way during each year of this License ordinance, an amount equal to fiue percent (5i) of Gross Reuenues or $125 .00 as an on-going administrative fee, whicheuer is greater, as defined in Section 1 1 herein, for each quarter of each calendar year . - 11 - b . Grantee shall pay an amount equal to this quarterly payment by the fifteenth (15th) day of the second calendar month immediately following the close of the calendar quarter for which the payment is calculated . Any necessary prorations shall be made in the first and last year of the License c . In the euent any quarterly payment is made after noon on the date due, Grantee shall pay a late payment penalty of the greater of : ( i ) One Hundred Dollars ($100) or ( ii ) simple interest at a ten percent (10i) annual percentage rate on the total amount past due . d . Grantee shall obtain on all billing addresses in the City the zip code plus four digits . 4 .2 QUARTERLY REPORT. In order to properly determine the Gross Reuenues receiued by Grantee, Grantee agrees that on the same date that each quarterly payment is made, it will file with the Director of Finance a sworn copy of a report, in a form acceptable to the City, in sufficient detail to itemize reuenues from each of the reuenue categories . The City may, if it sees fit, haue the books and records of Grantee examined by a representatiue of said City to ascertain the correctness of the reports agreed to be filed herein . Neither the acceptance of any payment nor any subsequent reuiew shall be deemed an agreement by the City that the correct payment was paid, absent a fully authorized release by the City on any such payments or on such reports . 4 .3 RECALCULATION AT END OF COMPENSATION YEAR. At the end of each calendar year, Grantee shall recalculate the total general compensation actually due . If additional amounts are due the City - 12 - by Grantee, said amounts shall be paid by the fifteenth (15th) day of February following the calendar year during which such amounts were originally due . If amounts are found to be due Grantee by the City, said amounts shall be credited by the fifteenth (15th) day of February during which such amounts were originally due . Any necessary prorations shall be made . 4 .4 TAXES ARE MOT TO HE_ A C$EDI . The compensation paid under this License shall be exclusiue of and in addition to all special assessments and taxes of whateuer nature, including, but not limited to, ad ualorem tax, sales tax, corporate or business occupation taxes or other taxes or fees imposed or leuied by any gouernmental entity . 4 .5 BIGHTS OF CITY . Payment of money under this License shall not in any way limit or inhibit any of the priuileges or rights of the City, whether under this License or otherwise . 4 .6 ANNUAL REPORT . Grantee shall file annually with the Director of Finance no later than ninety (90) days after the end of Grantee' s fiscal year, a certified statement of revenues (for that year) attributable to the operations of Grantee' s system, within the City pursuant to this License ordinance . This statement shall present a detailed breakdown of Gross Aeuenues and uncollectible accounts for the year 4 .7 CIECMOEMTING -PAYMENTS . Any transaction(s] which haue the effect of circumuenting payment of the required license fees and/or euasion of payment of license fees or any payments due the City under this License by non-collection or non-reporting of Gross Reuenues, bartering, or any other means which evade the actual collection of reuenues for business pursued by Grantee are prohibited . - 13 - 4 .8 TRANSFER OF LICENSE. Grantee's right, title, or interest in the License shall not be sold, transferred, assigned, or otherwise encumbered, other than to an Affiliate, without the prior consent of the City, such consent not to be unreasonably withheld . No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of Grantee in the License or Communication System in order to secure indebtedness 4 .9 Municipal Access Program . In consideration of City s execution and delivery of this Use Agreement, City shall haue the right throughout the term of this Use Agreement to purchase, when such service is commercially available I the City, up to the maximum number set forth below (based upon the City s population) of Ricochet basic service subscriptions at the rate of fifty percent (50/) of the regular rate as current from time to time . The number of subscriptions which the City may purchase at the Municipal Access program rate shall be determined in accordance with the City s official population, as shown on the latest available census data, as follows : (a) for municipalities with a population of less than 100,000 up to a maximum of twenty (20) discount subscriptions, (b) for municipalities with a population of 100,000 to 249,000, up to a maximum of thirty (30) discount subscriptions; Cc) for municipalities with a population of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for municipalities with a population of ouer 500,000 up to a maximum of fifty (50) discount subscriptions . City understands and agrees that Metricom s modems and equipment required to utilize the discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special Municipal Access Program rate and may be obtained from either Metricom or an authorized retailer at market - 14 - rates current from time to time or under other promotional programs which may be auailable from time to time in addition to the Municipal Access Program rate . City shall use all subscriptions prouided pursuant to this 4 3 solely for its own use and shall not be entitled to resell , distribute, or otherwise permit the use of the same by any other Person . SECTION 5 ACCOUNTS, BOOXS AND RECORDS 5 . 1 CITY TO BE INFORMED Grantee shall keep the City fully informed as to all matters in connection with or affecting the construction, reconstruction, remoual , maintenance, operation and repair of Grantee's system, Grantee' s accounting methods and procedures in connection therewith, and the recording and reporting by Grantee of all reuenues and uncollectible . Grantee shall report to the City such other information relating to Grantee as the City may consider useful and shall comply with the City' s determination of forms for reports, the time for reports, the frequency with which any reports are to be made, and if reports are to be made under oath . 5 .2 ACCOUNTS . Grantee shall keep complete and accurate books of account and records of its business and operations pursuant to this License ordinance in accordance with generally accepted accounting principles, subject to reuiew and approval by the City . The City may require the keeping of additional records or accounts which are reasonably necessary for purposes of identifying, accounting for, and reporting gross reuenues and uncollectibles for purposes of Section 4 hereof . Grantee shall keep its books of account and records in such a way that breakdowns of reuenues are auailable by type of seruice within the City . - 15 - 5 .3 ACCESS TO RECORDS . Grantee shall prouide the City with access at reasonable times and for reasonable purposes, to examine, audit, review and/or obtain copies of the papers, books, accounts, documents, maps, plans and other records of Grantee pertaining to this License ordinance Grantee shall fully cooperate in making available its records in Tarrant County, and otherwise assisting in these activities . 5 .4 INQUIRIES TO GRANTEE . The City may, at any time, make inquiries pertaining to Grantee' s operation of its System within City Grantee shall respond to such inquiries on a timely basis . SECTION 6 INSURANCE, INDEMNIFICATION, AND BONDS OR OTHER SURETY 6 . 1 INSURANCE REQUIREMENTS. Grantee shall maintain in full force and effect, at its own cost and expense, during the term of the License, Comprehensiue General Liability Insurance in the amount of One Million Dollars ($1,000,000) combined single limit for bodily injury, and property damage . Said insurance shall designate the City as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days' prior written notice to the City . 6 .2 INDEMNIFICATION. Grantee agrees to indemnify, sane and hold harmless, and defend the City, its officers, boards and employees from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury ( including accidental death) , which arise out of Grantee' s construction, operation, or maintenance of its Communication System, including, but not limited to, reasonable attorney' s fees and costs . Grantee further agrees not to oppose intervention by - 16 - the City in such a suit, howeuer, any interuention will be at the City's sole cost and expense . 6 .3 BONDS AND OTHER SURETY . Except as expressly prouided herein, Grantee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the License or continuing its existence . In order to minimize such costs, the City agrees to require bonds and other surety only in such amounts and during such times as there is a reasonably demonstrated need therefor . The City agrees that in no euent, howeuer, shall it require a bond or other related surety in an aggregate amount greater than Two Hundred Thousand Dollars ($200,000) , conditioned upon the substantial performance of the material terms, couenants, and conditions of the License . Initially, no bond or other surety will be required. In the euent that one is required in the future, the City agrees to giue Grantee at least thirty (30) days prior written notice thereof stating the reason for the requirement . Such reason must demonstrate a change in Grantee' s legal , financial , or technical qualifications, which would materially prohibit or impair its ability to comply with the terms of the License or afford compliance therewith . SECTION 7 ENFORCEMENT AND TERMINATION. OF LICENSE 7 . 1 NOTICE OF VIOLATION. In the euent that the City belieues that Grantee has not complied with the terms of the License, it shall notify Grantee in writing of the exact nature of the alleged noncompliance . 7 .2 GRANTEE' S RIGHT TO CURE OR RESPOND . Grantee shall haue thirty (30) days from receipt of the notice described in 7 . 1 : (1) to respond to the City contesting the assertion of - 17 - noncompliance, (2) to cure such default, or (3) in the euent that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed . 7 .3 PING . In the euent that Grantee fails to respond to the notice described in Section 7 1 pursuant to the procedures set forth in Section 7 .2, or in the event that the alleged default is not remedied within thirty-one (31) days after Grantee is notified of the alleged default pursuant to Section 7 . 1, the City shall schedule a public meeting to inuestigate the default . Such public meeting shall be held at the next regularly scheduled meeting of the City which is scheduled at a time which is no less than fiue (5) business days therefrom . The City shall notify Grantee of the time and place of such meeting and prouide Grantee with an opportunity to be heard . 7 .4 ENFORCEMENT . Subject to applicable federal and state law, in the euent the City, after such meeting, determines that Grantee is in default of any prouision of the License, the City may : a . Foreclose on all or any part of any security prouided under this License, if any, including without limitation, any bonds or other surety; provided, howeuer, the foreclosure shall only be in such a manner and in such amount as the City reasonably determines is necessary to remedy the default: b . Commence an action at law for monetary damages or seek other equitable relief ; - 18 - c . In the case of a material breach of the License, declare the License Agreement to be reuoked; or d . Seek specific performance of any provision, which reasonably leads itself to such remedy, as an alternatiue to damages . Grantee shall not be relieued of any of its obligations to comply promptly with any provision of the License by reason of any failure of the License Authority to enforce prompt compliance . 7 .5 ACTS OF GOD . Grantee shall not be held in default or noncompliance with the prouisions of the License, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other euents reasonably beyond its ability to control . SECTION 8 MI.SCELI.SNEOUS PROUISIONS 8 . 1 ACTIONS OF CITY . In any action by the City or representative thereof mandated or permitted under the terms hereof , such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approual or consent is required under the terms hereof , such approval or consent shall not be unreasonably withheld . 8 .2 NOTICE . Unless expressly otherwise agreed between the parties, every notice or response to be served upon the City or Grantee shall be in writing, and shall be deemed to have been duly giuen to the required party fiue (5) business days after having been posted in a properly sealed and correctly addressed envelope - 19 - by certified or registered mail , postage prepaid, at a Post Office or branch thereof regularly maintained by the U .S . Postal Seruice . The notices or responses to the City shall be addressed as follows : Mr . Larry J . Cunningham City Manager City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 The notices or responses to Grantee shall be addressed as follows : METRICOM, INC . Attn : Network Real Estate Department 980 University Avenue Los Gatos, CA 95032 License Authority and Grantee may designate such other address or addresses from time to time by giving notice to the other . 8 .3 DESCRIPTIUE_NEBDIIG3 . The captions to sections contained herein are intended solely to facilitate the reading thereof . Such captions shall not affect the meaning or interpretation of the text herein . 8 .4 SEUERABILITY . If any section, sentence, paragraph, term, or provision hereof is determined to be illegal , inualid, or unconstitutional , by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the ualidity of any other section, sentence, paragraph, term or provision hereof , all 20 - of which will remain in full force and effect for the term of the License, or any renewal or renewals thereof . 8 5 _ACTION BY THE FCC . In the event federal or state law or the FCC promulgates more stringent notice requirements, technical standards, consumer protection or consumer seruices requirements than are contained in this agreement, those more stringent requirements shall preuail . The City shall giue reasonable notice when in their determination that has occurred . Grantee shall retain and not waiue any or all rights and privileges as afforded either under this contract or pursuant to Federal Law or FCC regulations to complain and/or appeal such a determination . 8 .6 TELECOMMUNICATIONS PROVIDER SERUICES . Notwithstanding any other prouision in this License, in the euent a state or federal agency or a court of competent jurisdiction determines that Metricom is a telecommunications prouider under either federal or state law, which requires the City to treat them as other telecommunications providers in direct competition on a competitively-neutral basis, the City shall , upon sixty (607 days' notice, amend this agreement to incorporate the same terms that haue been offered to other similarly situated telecommunications providers in the City limits of the City . Approved on this 29" day of March, 1999, subject to applicable federal , state and local law . CITY OF NORTH RICHLAND HILLS, TEXAS Larry J . Cunningham, City Manager - 21 - ATTEST : Patricia Hutson, CITY SECRETARY APPROUED AS TO FORM : Rex McEntire, CITY ATTORNEY Accepted and agreed to this day of 1999, subject to applicable federal , state and local law . METRICOM, INC . By : Name : Title : - 22 - CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 03/29/99 Subject Appointment of Place 2 on the Teen Court Advisory Board Agenda Number GN 99-33 Place 2 on the Teen Court Advisory Board is currently vacant. Councilman Mitchell is recommending the appointment of Ms. Barbara O'Reilly to Place 2. Recommendation• To consider the recommendation of Councilman Mitchell to appoint Ms. Barbara O'Reilly to Place 2 on the Teen Court Advisory Board, term expiring June 30, 2000. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avanaoie Operating Budget Other ,(��///' ,,,, //,� ���(/Fi✓�nnaan'Finance Director AA Department Head Signature ity Manager Sin ure Page 1 of 1 INFORMATIONS REPORTS The North Richland Hills Spring 1999 Newsletter has been mailed to all residents in the City. This informative newsletter includes information about the new Town Center project, important meetings and phone numbers, City Council Meeting'information, major capital improvement projects and Code Enforcement tips. It also has a "Pets and People" page that outlines some very exciting special events coming up. If you would like additional copies of the Newsletter, they are available at the Recreation Center, Library and City Hall. Special Events coming up include: • The Great American Clean Up on April 24`h from 9 a.m. to noon. Volunteers should sign up by calling 581-5796 to get materials and register the location they will be cleaning up. ♦ Registration for the Spring Break Youth Camp is underway by calling the Recreation Center at 581-5760. Spring Break for the BISD will be April 5`h — 9'h, so sign up early. ♦ Show proof of spaying or neutering your pet prior to the end of May and you'll receive a free beanie baby from the City of North Richland Hills. • Pick up a Walk-A-Thon form at the animal shelter or Critter Connection to participate in the annual Paws for the Cause walk-a-thon on Saturday May 1. This fun walk benefits the NRH animal shelter and is in conjunction with National Be Kind to Animals Week, May 2—8. For more information about the walk-a-thon, please contact Environmental Services at 581-5674. Participants are encouraged to get sponsors for the event and they will receive a T-shirt. ♦ Season Passes are on sale now at NRH2O for 1999. The Family Water Park officially opens on May 15 so get your passes now. Also, if you have a birthday in the family between May and August, remember that NRH2O was named the best place for a birthday party by the Dallas Observer last year! For pricing information or reservations, please call 656-6500. • If you are looking to adopt a pet, please visit the City's store called the Critter Connection in North Hills Mall. In April, the store will be open on the Saturdays of April 3rd and 17`".