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HomeMy WebLinkAboutCC 1999-06-14 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JUNE 14, 1999 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall City Council Chambers, 7301 Northeast Loop 820. NUMBER' ITEM ACTION TAKEN 1. Discuss Items from Regular June 14, 1999 City Council Meeting (5 Minute ) 2. IR 99-081 Recognition of North Richland Hills Community Service Providers (10 Minutes) 3. IR 99-083 Scheduling Strategy for the Amendment to the Comprehensive Plan and Rezoning for Strunimer Drive, Lots 1-12, Block D, Richland Oaks Addition (10 Minutes) 4. IR 99-082 Review Implementation Plan for Increased Code Enforcement Program (10 Minutes) 5. `Executive Session (15 Minutes)-The Council may enter into closed executive session to discuss the following: Pending Litigation Under Government - Code §551.071 - Meridian Cases 6. Adjournment-6:50 p.m. - .'Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. US Lu 411/49 M 3: 15 Pwt JUL 29 2005 , CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JUNE 14, 1999 —7:00 P.M. For the 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 - Robert Waller, Minister- College Hill Church of Christ 3. Pledge of Allegiance - i, 4. Special Presentations 5. Removal of Item(s)from the Consent Agenda Page 2 NUMBER ITEM ACTION TAKEN 6. Approval of Consent Agenda Items a.) Minutes of the Pre-Council Meeting May 24, 1999 b.) Minutes of the Council Meeting May 24, 1999 PU 99-27 c.) Award Bid for City Hall HVAC Replacement to Walker Mechanical in the Amount of$97,900 - Resolution No. 99-40 PW 99-10 d.) Award Bid for the 1999 Street Subgrade Stabilization Project to McClendon Construction Company in the Amount of$62,415 - Resolution No. 99-41 7. PZ 99-11 Public Hearing to Consider the Request of Washington & Associates for a Zoning Change Request on 35.26 Acres of Land in the Y.C. Yates Survey, A-1753 from R7- Multi-family and 12-Medium Industrial to R7-Multifamily, 12-Medium Industrial and C1-Commercial. (Located in the 6900 Block of Mid-Cities Boulevard) - Ordinance No. 2390 8. PZ 99-13 Public Hearing to Consider the Request of David Carter for a Zoning Change on a Portion of Block B, Hewitt Estates Addition from AG-Agricultural and R2-Single Family Residential to R1-Residential and R1S- Special Single Family Residential. (Located in the 7600 Block of Hightower Drive) - Ordinance No. 2391 9 PZ 99-14 Public Hearing to Consider Amending Zoning Ordinance No. 1874, Section 310, Table of Permitted Uses to Allow Accessory Off-Street Parking Lots as a Special Use Permit in the C1 and C2- Commercial District and, 11-Light Industrial and 12, Medium Industrial Zoning Districts - Ordinance No. 2392 Page 3 NUMBER ITEM ACTION TAKEN 10 PZ 99-15 Public Hearing to Consider Amending Section 310, Table of Permitted Uses and Section 320, Special Land Use Regulations of Zoning Ordinance No 1874, to Add the Use and Regulations of Community Homes for Disabled Persons - Ordinance No 2393 11.PZ 99-16 Public Hearing to Consider the Request of Resources for Senior Living for a Zoning Change on 13.623 Acres in the L.C. Walker Survey, A-1653 to Amend PD- Planned Development#27 for Assisted Living and to Establish PD-Planned Development#27A (Located in the 8500 Block of Emerald Hills Way) - Ordinance No. 2394 and Ordinance No. 2395 12.GN 99-52 Recommendations of Ad Hoc Committee for Cultural and Educational 13.GN 99-49 Location and Broadcasting of Pre Council Meetings 14.GN 99-50 Amendment to Council Rules of Procedure — Resolution No. 99-42 15.GN 99-51 Consider Land Use Ad Hoc Committee Work Activities 16.PW 99-11 Approve Replacement Fund Use by City of Watauga for the Watauga Road Booster Pump Station Capacity Increase riye- .n 0( ritelg 17 PW 99-12 Approve Regional Facility Planning _---------- Contract with the Texas Water Development Board for the Big Fossil e 1 �r Creek Wastewater System — Resolutiort No. 99-38 18. (a) Citizens Presentation (b) Information and Reports 19. Adjournment • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-081 • t Date. June 14, 1999 Subject Recognition of NRH Community Service Providers At the 1998 Goals Retreats, a target-was identified related to social issues, policy, and direction Most specifically an expression was made to review community service providers and to develop some type of event or activity to thank the North Richland Hills community service providers for their outstanding work in our community An idea was expressed of hosting a banquet, reception or other such event in which we would bring these groups together to say thank you and to recognize their many facets of work. These community service providers are generally ones identified as nonprofit organizations and they may include churches, civic groups, affiliates of United Way agencies or others. There are a large number of groups that are based in North Richland Hills and provide various types of social and other community needs for our citizens. If such groups did not provide their respective services, most likely taxing agencies would be forced to provide the necessary social and community services. The staff is in the process of identifying the various community service providers and the types of activities and services that they conduct. A reception, banquet or other type of event would most likely be better attended in the fall of the year, perhaps October, rather than the summer. By beginning now to work on identifying the agencies, churches, and groups in our community, getting a facility committed, and possibly soliciting donations to fund such an event should give us adequate time to provide a very nice event for expressing appreciation and thanks for the work of such groups. We would very much appreciate your input and direction with regard to this initiative to organize an appreciation event for the North Richland Hills based community service providers — churches, nonprofit agencies, civic groups and others. Respectfully submitted, /1r Larry J. unningham City Manager LJC/Id a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR qq-f183 Date. June 14, 1999 Subject: Scheduling Strategy for the Amendment to the Comprehensive Plan and Rezoning for Strummer Drive, Lots 1-12, Block D, Richland Oaks Addition City Council at the May 24, 1999 Pre-Council meeting instructed Staff to invite the property owners on Strummer Drive and the surrounding property owners to a workshop to begin the process of amending the Comprehensive Plan and reviewing the draft ordinance amending the Zoning Ordinance creating a new zoning district There are several options Council can take to complete this planning project The Planning and Zoning Commission will need to be included in the scheduling because they are required to make formal recommendations for amendments to the Comprehensive Land Use Plan and the Zoning Ordinance. Option 1 Schedule a workshop date with City Council, the Planning and Zoning Commission, the property owners on Strummer Drive and the property owners within 200 feet Present Staffs detailed suggestions for amending the Comprehensive Plan and the Zoning Ordinance Receive input from the community to make any necessary changes and authorize Staff to set public hearings for the Planning and Zoning Commission and City Council to consider the amendments Option 2 Schedule a workshop date with City Council, the Planning and Zoning Commission, the property owners on Strummer Drive and the property owners within 200 feet. Discuss the issues, the pros and cons and request input from the citizens. Then develop drafts from the discussion and either schedule another workshop to go over Staffs suggestions or schedule public hearings for City Council and the Planning and Zoning Commission to formally consider the amendments. Option 3 Assign the Planning and Zoning Commission and Staff to work through workshops and public hearings with the property owners on Strummer Drive and the property owners within 200 feet on a formal recommendation to City Council to amend the Comprehensive Plan and the Zoning Ordinance Each option has good benefits, but Option 3 is the usual approach most city councils take on planning projects of this magnitude. The Planning and Zoning Commission's function is to do the foot work on the city's planning projects in order to free Council's time to work on other non-related land use issue projects. \\NRH CITY HALL\VOL1\DATA\PZ\Cases\Staff Reports\IR 99-083 Comp Plan 6-14 doc 1 a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Listed below were some strategy ideas Council considered at the May 24, 1999 meeting. These ideas came about from the discussion at the public hearing on May 10' as well as written comments submitted by Council. These ideas were not meant to limit other ideas, but to give a good starting place to derive a consensus on how to address the redevelopment issues on Strummer Drive and Precinct Line Road. Land Use Planning Issues 9 Land Use Categories Currently Only One Commercial Land Use Category Exists i Create New Commercial Land Use Category (Low Intensity Commercial) Consideration of Some Lots Not Converting to a Commercial Land Use 9 Potential Impact on Residential Area should Strummer be Rezoned Commercial C. Consider Amending Thoroughfare Plan to Add Strummer Zoning Possibilities Planned Development District Y Requires Minimum of 4 Acres (Lots 1-12 contains approximately 6.19 acres) ➢ Requires Public Hearing and Site Plan Approval • Site Plan Approval • Lot by Lot Approval r Requires No Public Hearing •r Creation of New Commercial Zoning District Limit Types of Uses Allowed (Stricter Than Local Retail) Limit Maximum Building Height or Limit Maximum Number of Stories Signage Requirements (Monument Signs Only) • Use Existing Buffering Req. (6-8' Masonry Wall w/10' Landscape Strip w/Trees) i Develop New Landscaping Req. for Rear Yard Parking Areas (No Planter Islands) Required Front Yards to Meet Current Landscape Regulations Security Lighting Adjacent to Residential Hours of Operation (public operating hours - 8 a.m. to 8 p m.) Site Plan Approval Because within 200 feet of Single Family Residential Issues of Concern 9 What about Lots that Remain Used Residentially? t• Always Require Parking in the Rear? C. Effect of Adjacent Property Values In the District and Outside the District C. Driveways (Shared Driveways between Commercial & Residential Uses) C. Is Unanimous Consent of the Property Owners of Lots 1-12 Desired? Attached, Staff has developed a tentative timeline to accomplish the desires of City Council for similar redeveloping areas and the-property owners on Strummer Drive. Also, attached is a list of potential permitted uses to consider allowing in a new zoning district. Staff Recommendation on May 24. 1999' Strongly consider creating a new land use category such as a low intensity commercial and a new zoning district The new land use category would provide for the lower \\NRH CITY HALL\VOL1\DATA\PZ\Cases\Staff Reports\IR 99-083 Comp Plan 6-14 doc 2 intensive commercial uses such as offices, personal service establishments and small retail uses only to be allowed to develop adjacent to single family development. Such a land use category would serve as a better buffer between commercial and low density residential than now exists Good planning principals direct cities to develop strategies that address issues such as Strummer Road in order to create an environment where commercial and residential uses can co-exist in harmony Developing a new zoning district would provide an avenue that could be used again in other similar situations. The new zoning district's permitted uses would be very limited and would specifically direct actions to take regarding parking, landscaping, signage, buffering, lighting, and hours of operation. Summary: Staff requests direction as to which option Council wishes to pursue If option 1 or 2 is selected, we will appreciate you advising Staff of possible workshop dates to hold such meetings with property owners and the Planning and Zoning Commission. At least one week will be needed to inform property owners of any meeting time. Respectfully submitted, � I\ Marcy Rat lit Planning Director Attachement. Process Time Line & Suggested Ideas/Issues for New Zoning District \\NRH CITY HALLWOLI\DATA\PZ\Cases\Staff Reports\IR 99-083 Comp Plan 6-14 aoc 3 Tentative Timelines for Accomplishing the Council Consensus using Option 3 Comprehensive Land Use Plan and Zoning Ordinance Amendment Methodology and Timeline (10-13 Weeks) • Hold workshop with the property owners and P&Z to describe Staffs suggestions and to receive further input on what is desired and what concerns and issues exist for all parties. • Develop a consensus on the input received and revised draft amendments to the land use plan and new zoning district. • Schedule a public hearing, send notice to newspaper & all property owners of Lots 1- 12 and within 200 feet • P&Z Makes a Recommendation • CC Makes a Decision — Ordinance Adopted Zoning Change Request (2-3 Weeks After Zoning Ordinance Amendedi • City Initiates a Zone Change Request • Schedule a public hearing, send notice to newspaper & all property owners of Lots 1- 12 and within 200 feet •r P&Z Makes a Recommendation • CC Makes a Decision — Ordinance Adopted Limited uses to consider allowing in the new zoning district include the following: Photograph Studio, Shoe Repair Store, Sports Card Store, Tailor Shop, Barber/Beauty Shop, Bicycle Store, Camera Sales, Clock Store, Florist Shop, Coffee Shop/Tea Room, Gift Shop, Greeting Card Shop, Jeweler, Dental and Medical Office, Insurance Agency, Investment Broker, Mortgage Loan and Title Company Business, Real Estate Office, Tax Return Offices, Travel Agency, Accountant, Attorney, Advertising Office. Lot and Area Requirements of the new zoning district to consider. Minimum District Area 20,000 SF Minimum Lot Depth None Minimum Frontage 50 ft. Minimum Front Building Line 25 ft. Maximum Lot Coverage 40% Minimum Side Building Line 15 ft adj to res Lot Area Minimum 6,000 SF Minimum Rear Building Line 25 ft adj to res Minimum Lot Width 50 ft Maximum Height of Structures 1 5/1ft \\NRH CITY HALL\VOL1\DATA\PZ\Cases\Staff Reports\IR 99-083 Comp Plan 6-14 cloc 4 • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-082 L Date: June 14, 1999 Subject: Review Implementation Plan for Increased Code Enforcement Program The information provided in this report provides an overview of the status of implementation of the Increased Code Enforcement Program. The Increased Code Enforcement Program is based on recommendations from the Code Enforcement Ad Hoc Committee. The plan for implementing this program is a blend of Code Enforcement Ad Hoc Committee, City Council, and City staff input The focus of the committee's recommendations is a proactive approach to Code Enforcement through education and voluntary compliance measures. To this end, City staff has developed a new brochure that outlines the current codes with a customer friendly, upbeat approach This brochure will be distributed at City buildings, in new corner packets given out to all new water customers, as well as through homeowner's associations and other community groups. Staff has also developed several door hangers to be placed on the doors of those houses where code violations are found. This door hanger serves as a means to notify the citizen that something on their property violates City code, thereby giving the homeowner seven days to correct the violation before the City takes action The Code Enforcement Officer returns to the property after seven days to insure that the violation has been corrected. In order to educate citizens regarding Code Enforcement issues, City staff has planned a clean up event to coincide with the Texas Trash Off and Great American Cleanup events in April of each year. Staff also places a feature in every newsletter to spread the word regarding general Code Enforcement issues and annual events. The local newspaper and programs on Citicable are also utilized to promote Code Enforcement awareness. In addition to these efforts, staff has increased its enforcement of current codes by working every other weekend to address such issues as illegal parking of vehicles, illegal signs and typical nuisance. Code Enforcement officers target specific areas periodically (i.e. weekly or monthly) in order to provide comprehensive coverage of violations throughout the City Management has also begun to divide specific areas of responsibility among Code Enforcement Officers in order to track code enforcement violations more effectively In the coming year, staff proposes to: • Develop a program to provide assistance to homeowners in need by contacting local churches and City staff whose work brings them in contact with such citizens. • Use Citizens on Patrol as ambassadors to neighborhoods, providing them with special brochures and door hangers. • Provide specialized customer service training tailored to the new City philosophy for staff to include those from other departments who will be assisting. • Implement a training schedule to cross train other City employees to assist Code Enforcement Officers with certain types of complaints. • Encourage neighborhood associations to distribute new brochures. a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS • Analyze impact of initial education campaign • Evaluate and implement minor changes in existing codes as needed to enhance proactive activities • Investigate the need for a property maintenance code for NRH by gathering information from other cities, asking and providing for citizen input, and planning an extensive education campaign with a sensible time frame for compliance In summary, City staff has implemented the majority of the increased code enforcement program Code Enforcement is operating at full staff and will request at least one additional staff member next budget year to effectively complete implementation of the program These efforts help to achieve Council Goal number two, Quality development and planning through buildout, by providing effective code enforcement, maintaining and enhancing quality and residential We look forward to reviewing this with you Monday Respectfully submitted, �) Steve Norwood Assistant City Manager MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE COUNCIL CHAMBERS AT CITY HALL, 7301 NORTHEAST LOOP 820— MAY 24, 1999 —5:45 P.M. Present Charles Scoma Mayor JoAnn Johnson Mayor Pro Tem Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman Don Phifer Councilman Matt Milano Councilman T. Oscar Trevino, Jr. Councilman Larry Cunningham City Manager Randy Shiflet Deputy City Manager Steve Norwood Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Rex McEntire Attorney Greg Dickens Public Works Director Larry Koonce Finance Director Donna Huerta Director of Communications Marcy Ratcliff Director of Planning & Inspections Jim Browne Director of Parks & Recreation Paulette Hartman Administrative Asst. to City Manager ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:45 p m. DISCUSS ITEMS The City Manager requested that Council remove NAN FROM REGULAR Item 6e from the Consent Agenda. Southwestern MAY 24, 1999 Bell has asked to change the time from June 1 to AGENDA July 1. In order to make the change it will be necessary to remove the item from the Consent Agenda. Mr Norwood, Assistant City Manager, introduced to the Council, Ms. Paulette Hartman, Administrative Assistant to City Manager's Office. IR 99-073 The consensus of the Council was to cancel the PATRICIA CANCELLATION December 27, 1999 City Council meeting. OF DECEMBER 27, 1999 CITY COUNCIL MEETING Pre Council Minutes May 24 1999 Page 2 ITEM DISCUSSION ASSIGNMENT IR 99-078 The City Manager recapped the previous action PATRICIA LOCATION AND taken by the Council that led to the relocation and BROADCASTING broadcasting of the Pre-Council meetings in the OF PRE-COUNCIL Council Chambers. Councilman Mitchell requested MEETINGS that this item be placed on the agenda for further consideration. The Council discussed extensively relocating the Pre-Council meetings to the Pre- Council Room and whether they would like to continue to televise the meeting. Mayor Scoma stated that broadcasting and relocation of Pre- Council meetings were precipitated by the change of Council Rules related to deliberation of regular agenda items during Pre-Council meetings. Discussion was held about this issue and broadcasting and location of Pre-Council meetings. At the conclusion of the discussion, the Mayor advised that the item would be placed on the June 14 Council meeting for Council consideration. IR 99-076 Mr. Norwood summarized land use and zoning STEVE NJPATRICIA AMENDMENT TO redevelopment issues that the Council needs to THE address on Strummer Drive and Precinct Line Road. COMPREHENSIVE The Council discussed whether to address the issue PLAN AND now or wait for a consultant to review the REZONING comprehensive plan and submit recommendations to STRATEGY FOR the Council. Mr. Harvey Greenwald addressed the STRUMMER Council on the concerns of the property owners on DRIVE, LOTS 1-12, Strummer. He advised that the property owners are BLOCK D, concerned that when their property values increase, RICHLAND OAKS they will be forced to sell at a low rate because they ADDITION AND are on a fixed income and cannot afford to stay. He REVIEW OF THE further advised that previous Councils assured them LAND USES of two things First, that they would not let anyone ALONG PRECINCT be put into that type of situation. Second, if the area LINE ROAD were to develop in sections, it would be done in such NORTH OF THE a manner that it would be attractive and conducive to RAILROAD the surrounding properties that had not sold. Mayor TRACKS Scoma summarized Council's discussion- 1) the Council felt they needed to study the issue in more depth; 2) there needs to be a Council workshop and input received from the community in conjunction with the workshop; 3) the Council needs to move forward with the issue and it should blend with the overall comprehensive plan when it is completed next year. He advised that the next step would be to have a community meeting to receive input from the neighborhood. Pre Council Minutes May 24 1999 Page 3 ITEM DISCUSSION ASSIGNMENT IR 99-075 PHASE II Mr. Norwood presented the areas that Staff is STEVE N./PATRICIA — LANDSCAPING requesting Council direction. First, when would AND SIGN Council like to initiate Phase II of the landscaping REGULATIONS and sign regulations? Second, when does the AND OTHER Council anticipate the work to be done that the Land DEVELOPMENT Use Ad Hoc Committee has not yet addressed? RELATED ISSUES Third, does Council want to fund professional help out of current funding or fund in next year's budget? The consensus of the Council was to instruct staff to move forward with Phase II of the landscaping and sign regulations. The Council discussed the Land Use Ad Hoc Committee and when the Council should reconvene the Committee. Mayor Pro Tern Johnson, Councilmen Metts, Milano and Phifer felt the Committee should not be reactivated and a professional consultant be brought in to work with the Council and Staff on the remaining issues. Councilmen Trevino and Mitchell felt the Land Use Ad Hoc Committee should continue to function. Mayor Scoma advised that the Land Use Ad Hoc Committee would not meet as often as they were required to meet during the first phase. He stated that the Committee is a sounding board of the community for the Council and Staff to work with. Mayor Scoma advised that the Committee was established by Council action and if the Council chooses not to reconvene the Committee, formal action will need to be taken by the Council. The consensus of the Council was to bring the issue of the Land Use Ad Hoc Committee up for reconsideration. The Council discussed whether to proceed with funding the consultant or wait and fund the consultant at budget The Mayor advised that funds were available in Council Contingency if Council should desire to proceed with the funding. The consensus of the Council was to proceed with funding and the acquiring of professional services Pre Council Minutes May 24 1999 Page 4 ITEM DISCUSSION ASSIGNMENT IR 99-077 Ms. Huerta updated the Council on the following NAN LEGISLATIVE legislative bills of interest to the City: HB 2259, HB UPDATE 1673, HB 204, SB 5, SB 1547, SB 598 and SB 441. ADJOURNMENT Mayor Scoma advised that the Executive Session would be held at the conclusion of the regular Council meeting. Mayor Scoma adjourned the Pre- Council meeting at 6:54 p.m. Charles Scoma — Mayor ATTEST. Patricia Hutson — City Secretary MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE COUNCIL CHAMBERS AT CITY HALL, 7301 NORTHEAST LOOP 820 — MAY 24,1999 — 7:00PM 1. CALL TO ORDER Mayor Scoma called the meeting to order May 24, 1999 at 7:00 p.m. ROLL CALL Present: Charles Scoma Mayor JoAnn Johnson Mayor Pro Tem Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman Don Phifer Councilman Matt Milano Councilman T Oscar Trevino, Jr. Councilman Staff: Larry Cunningham City Manager Randy Shiflet Deputy City Manager Steve Norwood Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Greg Dickens City Engineer Rex McEntire Attomey 2. INVOCATION Mr. Russell Mitchell gave the invocation. 3. PLEDGE OF ALLEGIANCE City Council Minutes May 24. 1999 Page 2 4. SPECIAL PRESENTATIONS A. Mayor Scoma recognized Mr. Fred Wilson, President of the School Board and Delores Webb, School Board Member. B. PROCLAMATION — NORTH RIDGE ELEMENTARY SCHOOL Mayor Scoma presented a proclamation to Nancy Mull, Principal of North Ridge Elementary School. Mayor Scoma also recognized the schools achievement in earning the National Blue Ribbon Award. C. RICHLAND HIGH SCHOOL Randy Cobb, Principal, announced various awards and achievements of Richland High School. D. PROCLAMATION — RICHLAND HIGH SCHOOL Mayor Scoma presented a proclamation to Hank Fulkerson, Richland High School Girls' Coach. E. BEAUTIFICATION AWARDS Ms. Patsy Tucker, Chairman of Beautification Commission awarded Yard of the Month to the following: Norma Glenn, 3421 Willowcrest; Harvey & Anna Williams, 7016 Manor; Robert & Sandy Houston, 6012 Club House Drive; Dowlene Frazier, 5501 Misty Meadow; Jim & Gerry Owen, 4800 Wedgeview Drive; Sean & Mary Leonard, 6936 Aston; Dick & Kay McCutcheon, 9225 Glenhaven Court; Gary& Rochelle Drake, 7913 Lucian Drive; and Kevin & Cynthia Keck, 8605 Saddle Ridge Trail. Ms. Tucker also presented the Landscape Award to Dr. Mary Robb, 4108 Cagle Drive. F. AWARD OF MERIT Terry Arterburn with MESA Design Group presented an Award of Merit to the Mayor, City Council and City Staff. The award recognized outstanding professional achievement for Excellence in Design for the Girl's Fast Pitch Softball Complex at Walker's Creek Park. City Council Minutes May 24, 1999 Page 3 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Phifer removed item 6e, GN 99-48. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A.) MINUTES OF THE SPECIAL COUNCIL MEETING MAY 6, 1999 B.) MINUTES OF THE PRE-COUNCIL MEETING MAY 10, 1999 C.) MINUTES OF THE COUNCIL MEETING MAY 10, 1999 D.) EXTEND ANNUAL CONTRACT FOR AQUATIC CHEMICAL SUPPLIES TO ADVANCE CHEMICAL DISTRIBUTION — RESOLUTION NO. 99-36 Mayor Pro Tern Johnson moved, seconded by Councilman Phifer, to approve the consent agenda. Motion carried 7-0. 7. GN 99-48 -APPROVE APPLICATION FOR MUNICIPAL CONSENT FROM SOUTHWESTERN BELL TELEPHONE FOR RIGHT OF WAY USAGE APPROVED Mr. Randy Shiflet, Deputy City Manager, explained the application for municipal consent to Council. Councilman Phifer moved, seconded by Councilman Welch, to approve GN 99- 48 and the approval to reflect a change of the effective date to July 1, 1999. Motion to approve carried 7-0. 8. GN 99-43a -APPROVAL OF THE AMENDMENT TO THE YOUTH ADVISORY COMMITTEE BY-LAWS AND APPROVAL OF RECOMMENDATIONS FOR NEW COMMITTEE MEMBERS APPROVED Councilman Trevino abstained from voting. Ms. Tina Harvey, Youth Outreach Coordinator, introduced Sara Batenhorst and Vanessa Trevino of the Youth Advisory Committee. City Council Minutes May 24. 1999 Page 4 Ms Batenhorst summarized the annual report for Council. Mayor Pro Tern Johnson moved, to approve the amendment to the Youth Advisory Committee by-laws and approval of recommendations for new committee members. Councilman Metts seconded the motion. Motion to approve carried 6-0, with Councilman Trevino abstaining. 9. GN 99-44 - COTTONBELT TRAIL DISTRICT BICYCLE TRANSPORTATION DISTRICT — RESOLUTION NO. 99-37 APPROVED Councilman Trevino abstained from discussion and voting. Mr. Jim Browne, Director of Parks and Recreation, summarized GN 99-44. Councilman Mitchell moved, seconded by Councilman Milano to approve GN 99- 44, Resolution No. 99-37. Motion to approve carried 6-0, with Councilman Trevino abstaining. 10. GN 99-45 -APPOINTMENT TO PLACE 1 ON THE TEEN COURT ADVISORY BOARD APPROVED Councilman Trevino abstained from voting. Councilman Welch moved to appoint Vanessa Trevino with a term expiring June 30, 1999. Councilman Metts seconded the motion. Motion to approve carried 6-0, with Councilman Trevino abstaining. 11. GN 99-46 -APPOINTMENT TO PLACE 7 ON THE TEEN COURT ADVISORY BOARD APPROVED Councilman Trevino moved to appoint Becky Hulitt with a term expiring June 30, 1999. Mayor Pro Tem Johnson seconded the motion. Motion carried 7-0. City Council Minutes May 24, 1999 Page 5 12. GN 99-47 -APPOINTMENT OF PLACE 7 TO THE PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE APPROVED Councilman Trevino moved to appoint Joe Tolbert with a term expiring June 30, 1999. Councilman Welch seconded the motion. Councilman Milano asked for clarification on the unexpired term. Mayor Scoma advised the length of the term expires on June 30, 1999. Motion to approve carried 4-3, with Councilmen Welch, Mitchell, Milano and Trevino voting for, and Mayor Pro Tem Johnson, and Councilmen Metts and Phifer voting against. 13. GN 99-49 -APPOINTMENT OF PLACE 1 TO THE TOWN HALL COMMITTEE APPROVED Councilman Welch moved to appoint Don Pultz with a term expiring June 30, 1999. Councilman Mitchell seconded the motion. Motion to approve carried 4-3, with Councilmen Welch, Mitchell, Milano and Trevino voting for, and Mayor Pro Tern Johnson, and Councilmen Metts and Phifer voting against. 14. (A) CITIZENS PRESENTATION Mr. Jeff Paul, 5125 Colorado Boulevard voiced his concem about the safety of citizens on Colorado Boulevard. He requested a traffic study be conducted on Colorado Boulevard. Mr. Dwayne Leslie, 7708 Ridgeway Court, voiced his concern with Councils' direction. Mr. Charles Cole, 6125 Riviera Drive, voiced his concern about the architectural design of construction around BISD stadium. He also mentioned his dismay with Council acting as individuals instead of working together as a team. Ms. Patsy Tucker, 6801 North Oaks Drive, thanked the Council for the "North Richland Hills History" book. City Council Minutes May 24, 1999 Page 6 (B) INFORMATION AND REPORTS Mayor Scoma announced the purchase of heart to heart monitoring equipment Mayor Scoma announced that the Critter Connection reached a milestone with the adoption of its 500th animal. 19. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:30 p.m. Charles Scoma — Mayor ATTEST: Patricia Hutson —City Secretary CITY OF NORTH RICHLAND HILLS Department Finance/ Support Services Council Meeting Date' 6/14/99 Subject: Award Bid for City Hall HVAC Replacement to Walker Agenda Number: PU 99-27 Mechanical in the Amount of$97,900 — Resolution No. 99-40 In the 1998/99 approved budget, Council appropriated funds for the HVAC-replacement at several City facilities. Formal bids were solicited for the replacement of four units and adding one new unit in the older section of the City Hall building. This project also includes replacing all the ductwork that is necessary to correct zoning problems. The areas that will be effected by this replacement are Public Works, Planning and Inspections, Information Services, the Finance Department and the old lobby area. The results are outlined below. Walker Mechanical $ 97,900 DMI/Decker Mechanical $163,660 Staff mailed notice of the project to twelve HVAC contractors and seven contractors picked up the bid package. An addendum was issued rescheduling the bid opening date because only one bid was received. Additional notices were faxed and mailed to the contractors on the bidder list. Attached is a list of the contractors and why they did not respond. The equipment delivery will take approximately three months from the date of order with the installation to begin by September. Staff is requesting the bid be awarded to Walker Mechanical because of the length of time necessary for the equipment delivery. Walker Mechanical met all the specifications and general conditions of the bid and can complete the project within 110 days from contract award Romine and Romine, the mechanical engineers for this project, has successfully worked with Walker Mechanical on other projects. Recommendation; To award the contract for HVAC replacement to Walker Mechanical in the amount of$97,900 and pass Resolution No. 99-40 authorizing the City Manager to execute the contract. Finance Review Source of Funds: Account Number 505-7022-712.7210 Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other /� yL / Finance Director i 41111 ? lilt4, ?7,, ,�, m9:r.I Ae Department Head Signe ure if City Manag.T•nature Pace 1 of City Hall HVAC Replacement BID#99-869 COMPLETION CONTRACTOR AMOUNT DAYS 1 Walker Mechanical $97,900.00 110 2 DMI/Decker Mechanical $163,660 00 120 Advertised in Star Telegram April 15, 22, &29 Sent to CMD/AGC Plan room Mailed notice to 12 contractors 7 bids picked up The following contractors did not respond. 1 Trinity Contractors -too busy, no time to complete bid 2. Texas Refrigeration, Inc:had problems with the specifications 3. The James C. Paris Company-did not return phone calls 4 Hall Mechanical Contractors-too busy at this time 5. Trevino Mechanical Contractors -missed bid opening time 6. Brown Service Company-too busy RESOLUTION NO. 99-40 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with Walker_Mechanical for the City Hall HVAC Replacement Project, as the act and deed of the City. PASSED AND APPROVED this 14th day of June 1999. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance CITY OF NORTH RICHLAND HILLS Department: Finance/ Public Works Council Meeting Date: 6/14/99 Subject: Award Bid for 1999 Street Subgrade Stabilization Project Agenda Number PW 99-10 to McClendon Construction in the Amount of$62,415 - Resolution No. 99-41 On November 23, 1998, Council approved the 1998/99 Street Overlay Program (PW 98-23 ). The 1999 Miscellaneous Street Subgrade Stabilization Project is included as part of the program. Formal bids were solicited for street excavation with lime stabilization for the following streets: Blaney Avenue Shauna Drive to Holiday Lane Venice Street Fountain Street to Onyx Drive South Meadow Road Hightower Drive to Chapman Drive Listed below are the bids received for this project. Base Bid Calendar Days Bid McClendon Construction Co. $ 62,415 40 Branch & Sons Contractors $ 81,064 60 Reynolds Asphalt& Construction $ 87,145 45 Sutton &Associates $ 93,227 60 Brock Paving Industries $101,603 45 APAC of Texas $115,802 45 Staff contacted references submitted by the low bidder and received favorable responses. McClendon Construction is confident they can complete the project for the amount of their bid and within the 40-completion days. Construction is estimated to begin by the end of June. Recommendation: To award the contract for the Miscellaneous Street Subgrade Stabilization Project to McClendon Construction in the amount of$62,415 and pass Resolution No. 99-41 authorizing the City Manager to execute the contract. Finance Review Source of Funds: Account Number 001-6003-553.43-45 Bonds(GO/Rev ) Sufficient Funds Available Operating Budget _ Other Finance Director �I / • l / i i .it a—J D pear t Head Signature •ity Manager Sir re Page 1 of RESOLUTION NO. 99-41 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager is hereby authorized to execute the contract with McClendon Construction Company for the 1999 Miscellaneous Street Subgrade Stabilization Program, as the act and deed of the City. PASSED AND APPROVED this 14th day of June 1999. APPROVED: Charles Scoma Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance • CITY OF NORTH RICHLAND HILLS Department. Planning & Inspections Department Council Meeting Date 06/14/99 Subject Public Hearing to Consider the Request of Washington & Agenda Number PZ 99-11 Associates for a Zoning Change on 35.26 Acres of Land in the Y C. Yates Survey A-1753 from R7-Multifamily & 12-Medium Industrial to R7-Multifamily, 12-Medium Industrial & C1-Commercial. (Located in the 6900 Block of Mid-Cities Blvd.) Ordinance No. 2390 Case Summary Mr. David Washington has submitted a zone change request on 35 26 acres for property fronting on Mid Cities Boulevard. The purpose for the zone change is to reconfigure the existing zoning resulting in a zero change in the R7- Multi Family acreage, a decrease in the 12-Medium Industrial and add 3 acres of C1-Commercial. The attached location map and Zoning Exhibit will help to orient you on what the applicant is requesting. Parcel 1 (adjacent to the Railroad Tracks) Request to rezone 17.630 acres from 12-Medium Industrial to R7-Multi Family Parcel 2 (Partial frontage on Mid Cities Boulevard and Dick Fisher West) Request to rezone 14.630 acres from R7-Multi Family to 12-Medium Industrial Parcel 3 (Frontage on Mid Cities Boulevard east of the Kroger's Shopping Center) Request to rezone 3 acres from R7-Multi Family to C1- Commercial Surrounding Future Land Uses Listed below for each parcel are the surrounding land uses as designated on the Comprehensive Land Use Plan. Parcel 1 Parcel 2 Parcel 3 North: Industrial & High Density Low Density Residential Commercial & Low Residential Residential South: Industrial Industrial High Density Resid East: Industrial Public —Existing Fire Station High Density Resid West: Commercial Industrial & High Density Res. Commercial Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avananie Operating Budget \ Other -,911/4) Finance Director Jibs 1 IA 2. Dep me t He Signature , ity Manager tmature K\CaseslPZ Cases\PZ 99-11-41-mid-cities dot Page I of 2 • CITY OF NORTH RICHLAND HILLS Listed below for each parcel is the future land use as designated by the Comprehensive Land Use Plan. Subject Future Land Use Property Parcel 1 Industrial Parcel 2 High Density Residential & Industrial Parcel 3 High Density Residential The applicant's request to rezone the property would be reconfiguring the land uses as shown on the Comprehensive Land Use Plan but would still be in keeping with the spirit. The request will allow the development of the property to be more marketable for development and still meet the spirit of the Comprehensive Land Use Plan. RECOMMENDATION: The Planning and Zoning Commission at their public hearing on May 13, 1999, recommended approval of PZ 99-11 to rezone Parcel 1, containing 17.63 acres, from 12- Medium Industrial to R7-Multi Family; Parcel 2, containing 14.63 acres, from R7-Multi Family to 12-Medium Industrial; and Parcel 3, containing 3 acres, from R7-Multi Family to C1-Commercial by a vote of 5 to O. To approve PZ 99-11 as recommended by the Planning & Zoning Commission. CITY COUNCIL ACTION ITEM K\Cases'PZ Cases\PZ 99-11-41-mid-cities dot Page 2 of 2 ''�\6� TM �� 4 rzI« . .e�ervoA�e o¢ ' le i ° � a , . i 4 4 4 4 ¢�. __71 w� o ° g 0 ala � %*' -34 Q . c3e.nuRSI, DR t1 4:• z %CA I � I soMM •12a� ,. . AI 2 e . w, i, ° eeervwooD DV � IJ > ,.. a, .� .F X00 . ' 1 ' n � ;main e / NA H . a _ 25. 2 I MI i .. ', • �� . PZ 99-11 David Washington . » •i ,'i, i, „6111111011111 "f. Zone Change Request for R7, 11, and C1 e H`ti� - a 6900 Block of Mid Cities Boulevard 1 • I' I. S`NO� 9 ; �,t,- nA lint„ . „\ .. \\ .oRfT``kRCH „ I. rz ', , ., .. II4 y 415635 • t � , C-'I t�j 4443 A ., I /2 I• i• �1• II• {{{{{{ �. Mid Cities Boule •• d R?pD •• ••• PA I: C- s• Mt WC r.• 4444.••••p ,•ji••••••••prii• „]''� I A•Ii e•••••••O�i r.•O•Q••rp•pp.•. moo' yaRT N J••etOp:%ipp•aie •000••••••es O me«.c.s..eo.o etteeteAMM4 x• P 0 @N •••••••••••••••••••••••0 pormasswp, I /1- {i:---- •• ••••••••••••••••1 m /SO. ° 401,�: ''O ••••••••••••••••ORCHARD 0 a a* 4 a LL .•.••O.•p • 0 ••••iii i•%OPii0i •at.33 14/133ftlditIP :: �•'❖.❖•f• ••• w`r �:•.��••♦•y1N'E�(�� 1 STARDUST DR •'R 11M•0.11.•1/4• • 1••. 'SOJ\h 4� K IRIV• In a •1 .d S I gpN aSS�NG '*'• 5� *'°J WO\35tK I: 0 IO 6. PZ 99-11 PUBLIC HEARING TO CONSIDER THE REQUEST OF WASHINGTON & ASSOCIATES FOR A ZONING CHANGE ON 62.05 ACRES OF LAND IN THE Y.C. YATES SURVEY, A-1753 FROM R7-MULTIFAMILY AND 12-MEDIUM INDUSTRIAL TO R7-MULTIFAMILY, 12-MEDIUM INDUSTRIAL AND C1- COMMERCIAL. (LOCATED IN THE 6900 BLOCK OF MID-CITIES BOULEVARD) APPROVED Ms. Ratcliff explained that this request is mainly a reconfiguration of the existing zoning on a 62 051 acre tract. The request would add 3 acres of commercial, which currently does not exist, and take away 3 acres of industrial zoning The applicant requested to rezone a total of 35.26 acres. The applicant requested to rezone Parcel 1 (17.630 acres) from 12-medium Industrial to R7-Multi Family, Parcel 2 (14.630 acres) from R7-Multi Family to 12-Medium Industrial, and Parcel 3 (3 acres) from R7-Multi Family to C1-Commercial The total acreage of multi- family zoning will remain the same; it will only be reconfigured. She explained that the reconfiguration of the zoning would remain in the spirit of the Comprehensive Land Use Plan, while allowing the property to be more marketable for development. Staff recommends approving PZ 99-11 as requested. Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. David Washington, Washington & Associates, presented this request explaining that E Systems owns a total of 62 acres and are only reconfiguring 35 26 acres of them. Seeing no additional proponents, and no opponents, Chairman Davis closed the public hearing Mr Bowen, seconded by Mr. Nehring, moved to approve PZ 99-11. The motion carried unanimously. Page 4 5/13/99 P&Z Minutes ORDINANCE NO. 2390 AN ORDINANCE REZONING PROPERTY CONTAINING 35.260 ACRES IN J.C. YATES SURVEY, A-1753 IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. THE PROPERTY IS GENERALLY LOCATED ALONG THE SOUTH SIDE MID CITIES BOULEVARD AND WEST OF DICK FISHER DRIVE WEST. SUCH REQUEST IS IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MAY 24, 1999; 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 99-11 (Washington & Associates), the following described property shall be rezoned from R7-Multi-Family, 12-Medium Industrial to C1- Commercial, R7-Multi-family and 12-Medium Industrial, Parcel 1 containing17.630 acres out of the J.0 Yates Survey, A-1753 as shown on Exhibit "A", from 12-Medium Industrial to R7-Multi-family; Parcel 2 containing 14.630 acres out of the J C Yates Survey, A-1753 as shown in Exhibit "B", from R7-Multi-family to 12-Industrial; Parcel 3 containing 3 000 acres out of the J.0 Yates Survey, A-1753 as shown in Exhibit "C", from R7-Multi-family to C1-Commercial; 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. Ordinance No 2390 Page 1 of 6 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 13th DAY OF MAY1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 24th DAY OF MAY 1999. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT- Department Head Ortlinance No 2390 Page 2 of 6 APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No 2390 Page 3 of 6 CITY OF NORTH RICHLANDeHILLS, TEXAS TRANSMITTAL DATE: May 3, 1999 TO: Marcy Ratcliff, Director of Planning FROM: Julia W. Skare, Staff Engineer RE. PZ99-11, Propety south of Mid-Cities, east of Rufe Snow and west of Dick Fisher There are several issues that will need to be resolved during Platting. Major issues are access and eway approach and median opening in Mid-Cities. • NRH APPLICATION FOR A otyprNnrn Richland Hnis ZONING DISTRICT CHANGE 7301 NE Loop ego (Pleat.mauo No.au r..r,eirrarl Nonn 1-550nd Hills,Texas PART 1. APPLICANT INFORMATION en-sal-ssoa Name of applicant/agent Washington & Associates Street address of applicant/agent • 500 Grapevine Highway, Suite 375 City/ State/Zip Code of applicant/agent Telephone number of applicant/agent Hurst, Texas 76054 817/485-0707 PART 2. PROPERTY INFORMATION Street address at location where zoning district change is being requested- Mid-Cities Blvd. East of Davis and West of Dick Fisher West Legal Descnpfion of Property where zoning district change is being requested 62.05 Acre tract in the Y.C. Yates Survey, Abstract No. 1753 - See attached Description Current zoning classification Proposed zoning classification. Proposed use of the property R-7-MF b I-2 R-7-MF; I-2; C-1 Commercial, Industrial & Multifamily Developmv Reason for zoning drstnc!change Reconfigure existing zoning of overall tract resulting in zero change in multifamily area; Decrease in I-2 zoning of 3 .0 acres and add 3.0 acres of C-1. Survey or map attached as required by application Affidavit attached from property owner d applicant is not owner Xl Yes I No I� Yes i No PART 3. PROPERTY OWNER INFORMATION ne of property owner E-Systems Inc. Employee Pool Trust Street address of property owner 501 South Jupiter Road City/ State/Zip Code of property owner Telephone number of property owner Garland, Texas 75042 972/205-4837 I hereby certify that l am,or represent the legal owner of the property Date descnbed•hove and do hereby submit this request for approval of April 1 1999 zoning d-Mcl change to N: Planning and Zoning g Commrssion for consideration Print Name'David R. Washington Signature , PART 4. FOR OFFICE USE ONLY •. Taxes Paid' _ I Yes J No Fee Yes , No Zoning Drslnc/Change Approved. Yes No 1-1 Yes h No 3300.00 Cc >ns of A --I Pprove! This application will not be scheduled for public heanng until application lee is received Zoning District Change CD -402 f 2/971 CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 06/14/99 Subject Public Hearing to Consider the Request of David Carter for Agenda Number PZ 99-13 a Zoning Change on a portion of block B, Hewitt Estates addition from AG-Agricultural and R2-Single Family Residential to R1-Single Family Residential andR-1-S Special Single Family Residential (Located in the 7600 Block of Hightower Drive. Ordinance No. 2391 Case Summary Mr. David Carter has submitted a zone change request to rezone a total 2.4181 acres. The request is in conjunction with a request to subdivide the property into two lots The plat will be placed on a future agenda. The property is currently developed with one single-family residence. Proposed Lot B3A, containing 32,670 square feet and fronting on Hightower Drive, is requested to be rezoned from AG-Agricultural and R2-Single Family Residential to R1- Single Family Residential. Proposed Lot B3B, containing 1.6681 acres and fronting on Hewitt Street, is requested to be rezoned from AG-Agricultural to R-1-S-Special Single Family Residential Surrounding Future Land Uses The Comprehensive Land Use Plan designates the subject property as Low Density Residential. The subject and surrounding properties are developed as single family residential. Surrounding Future Land Use North: Low Density Residential South: Low Density Residential East: Low Density Residential West: Low Density Residential RECOMMENDATION: The Planning and Zoning Commission at their public hearing on May 27, 1999, recommended approval of PZ 99-13 to rezone proposed Lot B3A from AG-Agricultural and R2-Single Family Residential to R1-Single Family and proposed Lot B3B from AG- Agricultural to R-1-S-Special Single Family Residential by a vote of 7 to 0 To approve PZ 99-13 as recommended by the Planning and Zoning Commission. Finance Review Source of Funds Account Number Bonds(GO/Rev ) Sufficient Funds Avaname Operating Budget Other Finance Director 4/V l F //, �� � . . �%1 ( Jul I6Y.4f ` '/Ct._ repa • ent :ad Signature �J City Manager,Sigbature K\CasesfPZ Cases PZ 99-13-41 Carter dot Page 1 of 1 R-1-5 13- (-� ' - r 1/qx y AG� rite «,RR 2.�. £--- . _2126 I12 R- 2 BRIARWORD DR ��a6E' c. .• �.w. Hightower Drive 'at IpO�'y,w�.. _ -- •)C: , _8— BRIAR[ w e f TURNER ST a CT • , .! e a °_7� AG �_ M Y R-1-5 I o R�y.�PBP. o .. w 1361 0 AG "; I D ra 3 3 0) ' 0 3' 1 . —c' "A 1 W, a' I ::/< i o- p`N`' o 1 ' E E 1- �HEAw6Ya*3 e oN MEP F o Hewitt Street '�— C I 11.‘3."1/4 : , R A q 1 1 � --- ° _-- R.2 n .E NN, R.S To AG PZ 99-13 a tPT� M .. . • • I . ,a.,— 7600 Block of Hightower Drive t co AG.. __._ Rezoning Request G I"1 <' .. ' r 'i I• 3 y BuEWA _a_ s I • p, 1-5 IR.x .d l .a - ...5 Zl]0 ] MOTH FORTY RD R. -5 , , • 4I `\t � , _� R 1 5 xD�J NORTH FORTY RD `�µV�`_ 1361 1 • AG D �_ R-1 • 4 "'° • 3 - _ R v ��0 R1 ' R.1-5 t .L31'1�C OrnA E1 ' DdeCOploi - - -~ ____ 1517 �p�poa�REI _ m -- R-3•1800 N _R_3. 6 2 �2 q R-1 S , 3 � TEA 1330 '41 7S5 ..ill 1 1 . . 3 • , ' R''2'1500 50 3 , _ , d ;12 AC cn. 3 a m a L. v 'r m • • a , c a . a a •`•m e42* 3 33 .a' -16. - : . ° CT JAMIE RENEE LNv 3AM I RENEE EN t le ' i ' 710R I5R— " '„ ' 5 _ LI» Si13nla 'v ,31. 1:, ,3.II I Iml• '• I • " I• I• 2 : 7. 24t v SEAN DR R- • E ! MISERLY CT W 1 i I° ---6-: wesxuEE Da ° • • b 3 . . , 5 R 2�3R 3 n :. n r R 12° • • '. 3 . 114R _-,. I, - . --_6— . II NORTH -� --- - -- '" RICHLAND HItL< �1 / / ,>`(:a:rs .^.:ray. r.., 00 lec Iy ,r,as p'0 \ • HIGH , c RAD• D Pr+-.4 I O� 00 N B9°37" 44'01 °eo<osro4 . ., toy ,o', , „r, —. ore 119. 06 0750G ecmr I�i$ri "f0 " It sN.c ZO*& Q u. c ta.. PROPOSED ZON'NG �f'r wi P. I P. / $ c f r' C e roar a „...„ „ I„ I V____. 1 a \\I H \ -r 2.4181 P 6 :73.t°°oPas[o e:. TOTAL ACRES o3.JJ` mm rvra SOUw. rta) _ 1.7, •aw ° .a.•r S 89°46' 00'£ 0::%u>�° a'0 r....$i :rr Maas 55. 51' `•i+rcv:c',; MOUE in OS x L6 i N-8 ,., .. • e -_ '- W 2 2 03; ;eta / Ji0runov Itor am o °1c (Or am rt O%•1i 'INC( ,,,..9: CPrt p l y N 0 Z0."'•4 O_ PROPOSED ZON:NO n , R-t-S 0: u° us 1 4;/2 0 a ........................... F ar°:•.u. .mt.. .r. e...° Q. n.v us N n. °. N c. co v' “ we -� O roi :/> ro r /v4e rou:E. 5 84°49127. 43' HEWITT, ST REET ORDINANCE NO. 2391 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 JUNE 14, 1999; 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 99-13 (David Carter), the following described tracts shall be rezoned. Tract 1 A tract of land, containing a total of 0.75 acre, in the John McComas Survey, Abstract No 1040 and the Wiliam Cox Survey, Abstract No 321 as shown on Exhibit "A", proposed to be replatted as Lot B3A, Block B, Hewitt Estates Addition, Tarrant County, Texas and addressed as 7600 Hightower Drive is hereby changed from AG-Agricultural and R2-Single Family Residential to R-1-S-Special Single Family Residential. Tract 2 A tract of land, containing a total of 1 6681 acres, in the John McComas Survey, Abstract No. 1040 and the Wiliam Cox Survey, Abstract No 321 as shown on Exhibit "B", proposed to be replatted as Lot B3B, Block B, Hewitt Estates Addition, Tarrant County, Texas and addressed 7601 Hewitt Street is hereby changed from AG- Agricultural to R-1-S Special Single Family 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. Ordinance No 2391 Page 1 of 5 SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF MAY 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF JUNE 1999. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT. Ordinance 2391 Page 2 of 5 Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance 2391 Page 3 of 5 City of North Richland HMIs Ni 01 NE Loop 820 ZONING DISTRICT CHANGE North Richland Hills,Texas tale eeo rl or lyre all responses) 817-581-5500 PART 1. APPLICANT INFORMATION - Name of applicant/agent 17 AVID Ca P-7EZ Street address of applicant/agent -1701 Qt OCoavJ A`( (Lod 2T City/ Slate/Zip Code of applicant/agent Telephone number of applicant/agent N. �. H . Y . -T1o15o C°c11 zee - 4°1 PART 2. PROPERTY INFORMATION Street address at location where zoning distnct change is being requested l Pa o-1 E Legal Descnp bon of Property where zoning dislnct change is being requested PolzTobi OF BInc.I - B ) NEW tTT ESV TES 1 FIRST P ILIw.jG Current zoning classification. Proposed zoning classification. Proposed use of the property AG K-1-s y R- V.-% test oe'sr 1At_ Reason for zoning distnct change r-ES1DEt-St Survey or map attached as required by application Affidavit attached from properly owner if applicant is not owner Ves 7 No J Yes No PART 3. PROPERTY OWNER INFORMATION Name of property owner DAvt.E> SP--)c) Street address address of properly owner -t-i lZ1OC-zC-_V,fA� Coo eT City/ Slate/Zip Code of property owner Telephone number of property owner NRR.14. TS. -1 (0 (50 Cen) -ta 4-913 Note Attach letter or affidavit from property owner if different from applicant/agent hereby certify that I am,or represent, the legal owner of the property /� descnbed above and do hereby submit this request for approval of a Date c6- 16 � �/"'� zoning distnct chengn, In rho P lannrgyantl Zoning Commission for consideration Pnnt Name IIA./l Cl C A2T« Signature PART 4. FOR OFFICE USE ONLY Date of Planning&Zoning Commission Public Heanng Taxe_Paid? Yes No ..--LLYY Case l G l l�/Jj • Dale of City Council Public Heanng Fee Yes LJ No -ruing Distract Change Approved $300.00 Yes No Yes No Conditions of Approval This application will not be scheduled for public heanng until application fee is received >,...:.... n:.-s.:�f r•h�....,, Cfl _en717/971 CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date 06/14/99 Subject Public Hearing to Consider Amending Zoning Ordinance Agenda Number PZ 99-14 No. 1874, Section 310, Table of Permitted Uses to Allow Accessory Non-Required Off- Street Parking Lots as a Permitted Use in the LR-Local Retail Zoning District. Ordinance 2392 Alternate Proposed Language: - Staff with the approval of the City Attorney has developed an alternative ordinance to address Mr. Gene Huggins request to allow a parking lot on the remaining lot left along North East Loop 820. The alternative ordinance is to address a unique situation. As drafted a public hearing would not be required. However, since this property is within 200 feet of single-family site plan approval by City Council would be required. If desired it could still be a Special Use Permit (SUP) The SUP would require public notice within 200 feet Please see the attached Alternative Ordinance No. 2392 Finance Review Source of Funds: Account Number Bonds (GO/Rev.) Sufficient Funds AvajI cie Operating Budget ,rather Finance Director 1 � part ent H ad Signature O anager S •nature \WRH_CITY_HALLIVOLI\DATA\PZ\Cases\PZ Cases PZ 99-14-42 ZO Off Street Parking doc Page 1 of 1 Alternate Ordinance 2392 ORDINANCE 2392 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, AS AMENDED, TO AMEND SECTION 310, TABLE OF PERMITTED USES; RELATIVE TO ACCESSORY OFF-STREET PARKING LOTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has determined the need to amend the table of permitted uses in the Zoning Ordinance; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-14 (City of North Richland Hills), Article 3, Section 310, TABLE OF PERMITTED USES, to allow Accessory Non-Required Off Street Parking Lots as a Permitted Use in the LR-Local Retail District as shown in Exhibit "A" and Section 320, Subsection 19, SPECIAL LAND USE REGULATIONS be amende as shown in Exhibit "B". :- _ • __ _•: • '• ^ " 2. 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. Ordpnance No 2392 Page 1 of 4 , Alternate Ordinance 2392 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance 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 13th DAY OF MAY 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 24th DAY OF JUNE, 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 No 2392 Page 2 of 4 Zoning Reaulahons City of North Rirhland Hills Texa4 RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS To m K To m m o To Section310 Eaaa m tt o LL C it I 2 Table of Permitted v co ?� ¢ cc a: a y °m E = d E To 0 Uses u m m E K o m LL 0 . u (2 • <' o LL LL LL d • U a v v v a `c c - v m E - E ° D E It m m m o 0 0 8 E E v_ ' '— ,T;o c y N N N O F N r O 0 0 0 L o) < iY tt ¢ tt ¢ tt Q O -J 0 0 0 _ "r D O Q E. AUTOMOBILE & TRANSPORTATION RELATED USES Accessory Non-Reouired Off-Street Parking ntv(191 Airport, Heliport/Landing Field S S S S S S Auto/Truck Dealer-New (9) P P P P Auto/Truck Dealer-Used (10) S S S S S Auto Parts and Accy Sales(w/machine shop) P PP Auto Parts and Accy. Sales(w/o machine shop) S P P PP Auto.Truck.Trailer Rental CS PP P Automobile 8 Light Truck Repair Shop S CS PP Automobile Inspection Station PP PP Automobile Lubrication Center S CS PP Auto Alarm/Stereo/Wndow Tinting Store CS P PP Auto Upholstery Shop P PP Bus Passenger Terminal P P P P Car Wash/Auto Laundry S CS CS PP LPG/CNG Dispensing Station S SS 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 SP PP Tire&Battery Sales Store S CS PP Truck Service Center P S P P Vehicle Storage Facility (1 1) S S P P Wrecker/Towing Service S S S S Wrecking/Auto Salvage Yard (12) S S An 3 Permitted Uses Ord 2392 Exh "A'Pg 3 of 4 Page 3-5 Zoning Regulations City of North Richland Hills,Texas LIYACAlineti J19) Accessory Non-Required Off-Street parking Lots—Allowed as a permitted use only in the LR- Local Retail District on property fronting North East Loop 820 and containing no more than 7,000 square feet. All such parking lots shall be landscpaed in accordance with the Landscpae Regulations. All such parking lots shall be in accordance with Article 8, parking and Loading Rqulations and Article 10, Buffering and Screening Regulations. • Article 3 Permitted Uses Page 3-15 Ordinance No 2392 Exhibit-13"Page 4 of 4 Lc HUGGINS HONDA June 14, 1999 City Council of North Richland Hills, I have reviewed the proposed alternative ordinance language and understand the requirements for employee parking on the mentioned property. I support the proposed ordinance and request you approve Ordinance 2392. Sincerely yours, Gene Huggins, President Gene Huggins Honda (817) 485-0300 ©°©nr3 METRO 577-0300 7551 N E LOOP 820 • NORTH RICHLAND HILLS, TX 76180 P O BOX 982003 • FORT WORTH, TX 76182 CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 06/14/99 Subject Public Hearing to Consider Amending Zoning Ordinance Agenda Number PZ 99-14 No. 1874, Section 310, Table of Permitted Uses to Allow Accessory Off-Street Parking Lots as a Special Use Permit in the Cl and C2 Commercial District and 11-Light Industrial and 12, Medium Industrial Zoning Districts Ordinance 2392 Case Summary: Mr Gene Huggins requested the Planning and Zoning Commission to review Zoning Ordinance No 1874, Section 310, Table of Permitted Uses to consider listing as a permitted use parking lots in all commercial zoning districts. The Planning and Zoning Commission, on April 22,1999, instructed staff to schedule a public hearing to consider allowing accessory off-street parking lots as a special use permit in the C1 and C2, Commercial Districts and the 11, Light Industrial and 12 Medium Industrial Districts. Mr Huggins submitted the attached letter detailing his request. Off-street parking lots are considered an accessory use to a permitted principal use Accessory uses are required to be located on the same lot as the principal use Staff drafted language in the Table of Permitted Uses, Section E Automobile & Transportation Related Uses to allow accessory Off-Street Parking Lots as a special use permit in C-1 and C-2, Commercial Districts and the 11, Light and 12, Medium Industrial Districts as attached. An accessory use is defined as a use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. City Council should seriously consider what such an amendment, as drafted, would allow in the specified commercial and industrial districts even if listed as a special use permit. Staff recommended to not consider allowing an accessory off-street parking lot as a special use permit use in any district The Commission recommended approval of revised language allowing as a special use permit accessory non-required off-street parking RECOMMENDATION: The Planning and Zoning Commission at their public hearing on May 13, 1999, recommended approval of PZ 99-14 to amend Section 310, Table of Permitted Use to allow accessory non-required off-street parking as a special use permit by a vote of 5 to 0 Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avanaoie Operating Budget Other - Finance Director 4 // 4 j lam/ 't`f Li i I i / .. 7 C Department 1-cld Signature C y Manager Signatu e 1 i K■Cases■PZ Cases PZ 99-14-41 ZO Off Street Parking doc Page 1 of I CITY OF NORTH RICHLAND HILLS To deny PZ 99-14 as recommended by Staff. Staff recommended denial of the original and the revised language for several reasons. 1. Such language would encourage developments to not have enough land area for off-street parking in their development in four different zoning districts (C1, C2, 11 and 12). Developments with a special use permit could build on lots they would typically not fit within because the off-street parking was located on another lot. 2. Staff also thought it is not good planning to encourage lots to be just developed for off-street parking lots. Parking lots do not enhance the tax base. 3. Staffs recommendation was also based on City Council's goals to raise the development standards and protect home values and increase the community pride and identity. 4. Staff recommended denial of the revised language because it still encourages development of off-street parking lots even though it is non-required off- street parking. 5. Additionally, if it is a parking lot for non-required off-street parking, they could become storage parking for company vehicles. Then determining if it is storage or non-required off-street parking will become a code enforcement nightmare. CITY COUNCIL ACTION ITEM Document3 Page 2 of 2 8. PZ 99-14 PUBLIC HEARING TO CONSIDER AMENDING ZONING ORDINANCE NO. 1874 TO ALLOW ACCESSORY OFF-STREET PARKING LOTS AS A SPECIAL USE PERMIT IN THE C1 AND C2 COMMERCIAL DISTRICTS AND THE 11 AND 12 INDUSTRIAL DISTRICTS. APPROVED Ms. Ratcliff explained that staff had received a request from Gene Huggins to amend the Zoning Ordinance to allow accessory off-street parking. He has a vacant lot, which is zoned Local Retail, that he would like to utilize as an employee parking lot. Ms. Ratcliff stated that approving this would open the entire city up for accessory parking lots. She stated that an accessory use is defined as a use that is subordinate to and incidental to a primary use of the main building or the primary use of the premises. Staff recommends the Commission not consider allowing accessory off-street parking lots as a special use permit in any district. She stated that Mr Huggins son was present to support the requested amendments to the ordinance. Responding to a question, Ms. Ratcliff stated that site plan approval would be required for each case, if these amendments are approved. Mr. Nehring stated that while he understands Mr Huggins unique situation, he feels very uncomfortable with the amendments overall Chairman Davis opened the public hearing and asked for proponents. Ron Huggins stated that they have been in business for 16 years at this location. The piece of property they would like to use as parking is just east of the existing business. It currently is an eyesore and they propose cleaning it up and utilizing it for employee parking. Stating they lost a great deal of property with the Loop 820 expansion Seeing no additional proponents, and no opponents, the hearing was closed The Commissioners, after much deliberation, stated that while they agreed that Mr Huggins request was valid, they hesitate giving that blanket to the entire City Ms. Ratcliff suggested that the verbiage be changed to non-required off-street parking This would keep applicants from obtaining required parking off site. The Commission agreed changing the wording would make the difference. Page 8 5119/99 P&Z Minutes Mr Nehring, seconded by Mr Bowen moved to approve PZ 99-14 with the wording being changed to "non-required accessory off-street parking". The motion carried unanimously. Page 9 5/13/99 P 8 Z Minutes DRAFT COPY 10. DISCUSSION ITEM REQUEST OF GENE HUGGINS TO AMEND THE ZONING ORDINANCE TO ALLOW PARKING LOTS AS A PERMITTED USE IN EXISTING COMMERCIAL AND RETAIL DISTRICTS. Chairman Davis stated that the Commissioners had a copy of Mr. Huggins letter requesting this amendment, and asked Ms. Ratcliff for a brief overview. Ms. Ratcliff explained that Mr. Huggins has formally requested the Commission consider amending the Table of Permitted Uses in the Zoning Ordinance to allow parking lots, by right, in commercial zoning districts. Currently off-street parking lots are considered an accessory use to a principle use. Accessory uses are required to be located on the same lot as the principle use. She explained that Mr. Huggins has some special concerns because of a specific lot he owns that is zoned LR-Local Retail. He would like to utilize this small lot as parking for his employees. Ms. Ratcliff explained that amending the ordinance to allow parking lots is a matter of right across the board in all commercial districts, and serious consideration should be given to the impact a change like this could have. She explained that if the Commission so desired, each case could be looked at individually as a Special Use Permit in certain districts. Staff requests direction from the Commissioners regarding this request. Chairman Davis read the staff recommendation from the coversheet in their packet, which stated that the Commission not consider allowing parking lots as a permitted principal use in any district and then asked Mr. Huggins if he had any additional comments. Gene Huggins, 6632 Diamond Ridge Road, presented his request. He stated that he wants to utilize his small piece of land as employee parking. No display or car storage would take place on this lot. He showed pictures of the lot presently; stating that it has been in that shape for some time. Chairman Davis asked for comments from the Commissioners. Mr. Barfield stated that if approved, he would only consider it as a Specific Use on a case by case basis and the consensus of the Commission agreed. Chairman Davis asked if there was a motion to direct staff to schedule a public hearing to amend Section 310, Table of Permitted Uses, to allow parking lots in Page 18 4/22/99 P 8 2 Minutes DRAFT COPY Cl-Commercial, C2-Commercial zoning districts as well as the industrial districts and to be applied for as a Specific Use Permit Ms. Ratcliff stated that Mr. Huggins lot is zoned LR-Local Retail, and Chairman Davis stated that he would have to change the zoning and apply for a SUP. Mr. Barfield stated that he has no problem turning Mr. Huggins lot into a parking lot provided it meets all the criteria the City is looking for. He would like nice landscaping with proper fencing and lighting to dress the lot up, stating that a masonry screening wall would be required along the north property line Mr. Blue, seconded by Mr. Bowen, made the motion to direct staff to schedule a public hearing to amend Section 310, Table of Permitted Uses, on Cl, C2, 11 8, 12 to allow, by Special Use Permit only, accessory parking lots. The motion carried unanimously. Page 19 4/22/99 P8.Z Minutes ORDINANCE 2392 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, AS AMENDED, TO AMEND SECTION 310, TABLE OF PERMITTED USES; RELATIVE TO ACCESSORY OFF-STREET PARKING LOTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has determined the need to amend the table of permitted uses in the Zoning Ordinance; and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-14 (City of North Richland Hills), Article 3, Section 310, TABLE OF PERMITTED USES, be amended as shown in Exhibit "A" to Accessory Off- Street Parking as a Special Use Permit in the C1- and C2-Commercial Districts and 11- and 12-Industrial Districts: 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section Ordinance No 2392 Page 1 of 3 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance 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 13th DAY OF MAY 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 24th DAY OF JUNE, 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 No 2392 Page 2 of 3 r Zoning Regulations EXhlb It "A" City of North Richland Hills Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS 0 N To LL N N N _ N Section 310 E •0 9 d - ar v E n _ LL a N LL 2 V C Table of Permitted d a v T E TO ad c >. >. ut 0 2 = E m LL m LL m m o LL o o N D 0 m E E E m u ci,Uses LL L 0 U u° u a 3 C 7 m — E -E a c a F a 9 _ N y n y p F N O _10 0 0 d n u 27 LT m o m O _j O Q Q = "' D ¢ E. AUTOMOBILE & TRANSPORTATION RELATED USES ff . Y • - ur Airport, Heliport/Landing Field S S S S S S Auto/Truck Dealer-New (9) P P P P Auto/Truck Dealer- Used(10) S S S S S Auto Parts and Accy Sales(w/machine shop) P P P Auto Parts and Accy. Sales(w/o machine shop) S PP PP Auto, Truck,Trailer Rental CS P P P Automobile 8 Light Truck Repair Shop S CS PP Automobile Inspection Station PP PP Automobile Lubrication Center S CS PP Auto Alarm/Stereo/Window Tinting Store CS P PP Auto Upholstery Shop P PP Bus Passenger Terminal P P P P Car Wash/Auto Laundry S CS CS PP LPG/CNG Dispensing Station S S S Marine Equipment Sales/Repair P S P P Paint and Body Shop SS PP Railroad or Motor Freight Terminal S P P P RV or Camper Sales Lot P P P P Service Station SP PP Tire 8 Battery Sales Store S CS PP Truck Service Center P S P P Vehicle Storage Facility (1 1) S S P P Wrecker/Towing Service S S S S Wrecking/Auto Salvage Yard (12) S S Article 3 Permitted Uses Page 3-5 Ordinance No 2392 Page 3 of 3 CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 06/14/99 Subject Public Hearing to Consider Amending Section 310, Table Agenda Number PZ 99-15 of Permitted Uses and Section 320, Special Land Use Regulations of Zoning Ordinance No. 1874, to Add the Use and Regulations of Community Homes for Disabled Persons. Ordinance No. 2393 The Department of Housing and Urban Development (HUD) has notified the City of North Richland Hills that Zoning Ordinance No. 1874 is in violation of the Fair Housing Act. HUD suggested amendments to the Zoning Ordinance include Community Homes for Disabled Persons Rex McEntire, City Attorney has reviewed the Zoning Ordinance and drafted the attached language, which is proposed to specifically amend Section 310.A Table of Permitted Uses and Section 320.(16) Personal Care Home The City Attorney believes such language will bring us into compliance with the Fair Housing Act. The proposed amendments include adding Community Homes for Disabled Persons in the Table of Permitted Uses and in the explanatory note supplement in Section 320. The amendments in the explanatory note supplement defines a community home for disabled persons, lists general criteria, special use permit requirements, certificate of occupancy requirements, annual building inspection requirements, non-compliance terms and limitations All language underlined is new and all language with strikeovers is to be deleted. Clarification of General Criteria (16.B — page 3-131 The language, as drafted, allows as a matter of right a personal care home or a community home for disabled persons if it is licensed and supervised by the State of Texas. If they have a license from the State of Texas to operate such a facility, all they need is a Certificate of Occupancy to be issued by the Building Official This would not require any notification of any surrounding property owners However, if a personal care home or a community home for disabled persons is not licensed by the State of Texas, the applicant is required to have an approved special use permit authorized by City Council. RECOMMENDATION: The Planning and Zoning Commission at their public hearing on May 13, 1999, recommended approval of PZ 99-15 to amend Zoning Ordinance No. 1874, to Section 310 A and Section 320.(16) relative to Community Homes for Disabled Persons by a vote of 5 to 0 To approve PZ 99-15 as recommended by the Planning and Zoning Commission. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avondale Operating Budget D er Finance Director tit ! a 6,4f-pt Ga�/�i cJ D=part ent H--d Signature dy Manager Signa/ure \\NRH_CITY_HALL\VOL1\DATA\PI\Cases\PZ Cases■PZ 99-15-41-Community Homes doc Page 1 of 1 9. PZ 99-15 PUBLIC HEARING TO CONSIDER AMENDING SECTION 320 OF THE ZONING ORDINANCE, NO. 1874, TO ADD COMMUNITY HOMES FOR DISABLED PERSONS AND TO AMEND THE TABLE OF PERMITTED USES FOR THIS ADDITION. APPROVED Ms. Ratcliff explained that this amendment is being brought forward after the Department of Housing and Urban Development noted Zoning Ordinance No. 1874 was in violation of the Fair Housing Act. Rex McEntire, City Attorney drafted the proposed language for Section 320 (16) Personal Care Home and Section 310 A. Table of Permitted Uses The proposed language adds Community Homes for Disabled Persons in the Table of Permitted Uses and in the explanatory notes of Section 320. The explanatory note supplement defines a community home for disabled person, lists general criteria, special use permit requirements, certificate of occupancy requirements annual building inspection requirements, non-compliance terms and limitations. A Special Use Permit would be required in the residential districts and the use is allowed by right in the institutional district. Chairman Davis opened the public hearing and called for proponents. Seeing none, he called for opponents. Seeing none, the public hearing was closed. Mr Bowen, seconded by Mr Blue, moved to approve PZ 99-15. The motion carried unanimously. Page 10 5/13/99 P 8 Z Minutes Zoning Regulations Crtv of North Richland Hills Texas RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS 0 o To cc To To — o_ TO E O N O Section 310 E - - o a a m o y og Table of Permitted LL E — v ) 0 0 a v y a E — rn K c ,5 a E m Uses NEEErcE i v o Y o ° -- =y u og J = v E E o c E 0 m m m . o o 2 o E E 22 — o ° a . J U N U co fn U) Cl) p H NI 0 U U O - Q m tt 22 :1 &' 2 tt O ¢ U V O _ r` A. RESIDENTIAL USES Single Family Detached Dwelling Unit P P P P P Duplex Dwelling Unit P Tnplex or Fourplex Dwelling Unit P P HUD Code Manufactured Home P Multi-Family Dwelling Unit P Boarding or Rooming House S S Townhome P P Ranch and Farm Dwelling necessary to agricultural use P Zero Lot Line SF Dwelling Unit P Persona F.a o[n Home for ��I a 4:t Nvahled Pew oats 8 +1R ?##1P111II't Assisted Living Center (Planned Development all districts) P I II B. UTILITY, ACCESSORY, & 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 Communications Tower under 65 in height CS CS CS CS CS CS CS CS S Communications Tower 65 to 130'in height S S S S S S S S S Railroad Right-of-Way(no yards or stations) P P P P P P P P P P P P P P P P P Telephone Exchange,Switching, Relay Station S S S S 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 P P P P Water Reservoir,Water Pumping Station, P P P P P P P P P P P P P P P P P Water Well Wind Charger(4) P P P P P P P P P P P P P P P P P Article 3 Permitted Uses Page 3-2 Zoning Regulations DRAFT COPY 05/06/99 City of North Richland Hills,Texas (16) Personal Care Home and Community Home for Disabled Persons A. Purpose It is the intent of this Subsection to provide for Personal Care Homes within traditional single family residential areas to accommodate persons who are primarily fifty-five years of age and over, regardless of their relationship to the owner or caretaker of the Personal Care Home• any d to provide an accommodation for Community Homes for Disabled Persons within single family zones regardless of their relationship to the owner or caretaker or the said Community Home B General Criteria Not less than eighty (80) percent of the residents of a Personal Care Home shall be fifty-five years of age and over Community Homes for Disabled Persons shall be designed to care for disabled persons who are partially or totally unable to care for themselves. A-Personal - •• ••- "' - • • - ---• • • - : •• A Personal Care Home or a Community Home for Disabled Persons shall not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance or assistance in the transition from iasHFUHeaat penal care to normal social activities and treatment, counseling, or other services are related to such rehabilitative activities for persons released from prison A Personal Care Home or a Community Home for Disabled Persons shall be licensed and operated in a manner consistent with such standards as may be required by the Texas Department of Health and the Texas Department of Human Services. When a Personal Care Home or a Community Home for Disabled Persons is licensed and supervised by the State of Texas it shall be entitled to operate when a Certificate of Occupancy for such purpose has been issued by the Building Official. In this case,when the Home is licensed, it shall not be necessary to procure a Special Use Permit from the City. If, however, the facility is exempt from a state license and it proposes to operate within the City it must make application for and receive a Special Use Permit from the City. C Special Site-Plan Reguiremente=Use Permit under this Section every,Application for a Special Use Permit will be filed with the Planning Director for a Percogal - • • . • --- - - - - - - - - 2'. The application will be forwarded to the•Planning and Zoning Commission for hearing,the same as any rezoning case and will be referred to the City Council, by the Commission,for final approval or disapproval by ordinance. The application shall contain: a A Plot Plan of the property showing all property lines and the footprint of all buildings shown; b A floor plan of the structure, drawn at a minimum scale of = 1' 0", which indicates all openings including the width and height of each door;andadent - •- - - . . - --.• -- c Each room shown on the plan will be labeled with its intended use; d The Gross floor area of-the-skasture and the square footage of the total habitable area; e. A letter in writing iad--'in The prepesed number of proposed occupants; f Any prepesed A plan and location for exterior lighting, g • • . ..-. r ' -- - A parking plan; Couneil A plan for interior automatic sprinkler system,which is required for fire safety. i. A filing fee, the same as any Special Use Permit. Article 3 Permitted Uses Page 3-13 Zoning Regulations DRAFT COPY 05/06/99 City of North Richland Hills,Texas The Special Use Permit,when issued,shall state the number of occupants allowed and any other special terms designed to promote the health and safety of the occupants. D. Certificate of Occupancy: No Personal Care Home or Community Home for Disabled Persons shall be occupied until after the Building Official has issued a Certificate of Occupancy therefor The Certificate of Occupancy shall state that the occupancy authorized is in compliance with the Zoning Regulations and the approved Special Use Permit, if one is necessary A new Certificate of Occupancy shall be applied for upon any change of ownership of the property or • of the operator of the Personal Care Home or Community Home for Disabled Persons E. Annual Building Inspection Every Personal Care Home and Community Home for Disabled Persons shall be subject to an annual building inspection by the Enforcing Officer on or before the anniversary date of the Certificate of Occupancy. The purpose of the annual building inspection is to determine compliance with the terms of the approved Special Use Permit F. Non-compliance with City Ordinances and Special Use Permit: Noncompliance with the terms of the approved Special Use Permit shall be considered a violation of this Ordinance. If it is determined by the Enforcing Officer that a Personal Care Home or Community Home For Disabled Persons is in non-compliance with the terms of the approved Special Use Permit, or any other ordinance, the owner of the Personal Care Home or the Community Home For Disabled Persons shall either(1) correct such defect within 30 days after notification from the City, or(2)apply to the City for an amendment to the Special Use Permit, or else be in violation of this ordinance and be subject to revocation of the Special Use Permit. Any immanent threat to health and safety shall be corrected as determined by the Enforcing Officer. Furthermore, any violation of said Special Use Permit shall subject the owner or the operator of the Personal Care Home or Community Home for Disabled Persons to a penalty as prescribed in Section 240. Penalty Clause of the zoning ordinance. G. Performance Standards The following performance standards shall be required of all Personal Care Homes and Community Homes for Disabled Persons: 1 Maximum Number of Residents: The number of qualified residents shall not exceed the ratio of one person for every 250 square feet of the habitable area within the dwelling unit. However, the maximum number of qualified persons per dwelling unit, as defined in the definitions of these Zoning Regulations, allowed as residents in a Personal Care Home or Community Home for Disabled Persons shall not exceed six persons, excluding eae two resident caretaker per six 2. Parking and Traffic: Provisions for off-street parking spaces shall comply with the requirements of the base zoning district. Daily parking and traffic activity shall not exceed the average amount of activity displayed by adjacent properties, but in no event shall the number of cars parked on a regular daily basis exceed one car per bedroom 3. Structural Modifications: In order to maintain neighborhood unit integrity, any additions or substantial renovations that increase the gross floor area of the structure, or increase the square footage or layout of the designated sleeping areas shall require approval by the City Council as an amendment to the Special Use Permit Garage enclosures shall not be allowed Routine maintenance of the exterior shall be exempt from this requirement. 4. Signs: No advertising signs shall be permitted on the premises of a Personal Care Home or a Community Home for Disabled Persons. All signs, when allowed by the sign regulations shall be consistent with the regulations set forth in Article-Sign Regulation Ordiance of the Citys-ef the-aening-Regulatiens. Article 3 Permitted Uses Page 3-14 Zoning Regulations DRAFT COPY 05/06/99 City of North Richland Hills.Texas 5. Outside Activities: Those activities generally accepted in residential zoning districts shall be allowed, including but not limited to garage sales and cook outs All garage sales shall conform to the garage sale regulations contained elsewhere in the zoning regulations for residentially zoned properties. Excessively loud noises are subject to Section 15-58 of the Code of Ordinances of the City of North Richland Hills. H. Limitations Personal Care Homes and Community Homes for Disabled Persons shall be limited by the terms of Chapter 12 of the Human Resources Code of the State of Texas. In addition,each front door, bathroom door and bedroom door must be at least 84 inches high and have a clearance of 32 inches of width when opened to 90 degrees. or incHEUHe (17) Screening of Outdoor Storage Areas - Except as otherwise specifically authorized by this code, the outdoor storage of equipment and materials shall only be allowed as an incidential use and when located behind all building lines and screened according to the Special Screening Requirements contained in Section 1030. Openings for access to the outside storage or outside use area shall be equipped with gates capable of screening the activities and user from view when closed. In no case shall any materials be stored higher than the screening provided. (18) See Adult Entertainment Ordinance Number 2266 Article 3 Permitted Uses Page 3-15 ORDINANCE 2393 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING ORDINANCE NUMBER 1874, THE ZONING REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS, AS AMENDED, TO AMEND SECTION 310, TABLE OF PERMITTED USES AND SECTION 320, SUBSECTION 16; RELATIVE TO COMMUNITY HOME FOR DISABLED PERSONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has determined the need to amend the table of permitted uses in the Zoning Ordinance, and WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by changing said Zoning Ordinance as set forth herein, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-15 (City of North Richland Hills), Article 3, Section 310, TABLE OF PERMITTED USES, be amended as shown in Exhibit "A" to Add Community Home for Disabled Persons as a Special Use Permit in the R1S, R1, R2, R3 and R4D Zoning Districts, and as a Permitted Use in the U-Institutional Zoning District and Section 320, Subsection 16, SPECIAL LAND USE REGULATIONS, be amended as shown in Exhibit "B" to add definitions, general criteria, special use permit requirements, certificate of occupancy requirements, annual building inspection requirements, non compliance terms and limitations: 2. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No 2393 Page I of 2 3. SAVINGS CLAUSE. That Ordinance Number 1874, the Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this Ordinance 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 13th DAY OF MAY 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 24th DAY OF JUNE, 1999. Mayor Charles Scoma City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT Planning Director APPROVED AS TO FORM AND LEGALITY. Attorney for the City Ordinance No 2392 Page 2 of 2 • CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date. 06/14/99 Subject Public Hearing to Consider the Request of Resources for Agenda Number. PZ 99-16 Senior Living for a Zoning Change on 13 623 Acres in the L C Walker Survey, A-1653 to Amend PD-Planned Development #27 for Assisted living and to Establish PD Planned Development#27A. Ordinance No. 2394 and Ordinance No. 2395 Case Summary . Mr Robin Davis of Resources for Senior Living has submitted a zone change request to rezone Planned Development#27. Planned Development No. 27 is currently developed as the Morning Star Assisted Living Facility at 8500 Emerald Hills Way (Lot 3, Block 1, Walker Branch Addition). Planned Development No 27 (PD-27) is an 85 unit assisted living facility, with a maximum density of 6.25 units per acre on 13 623 acres, in accordance with an approved site plan. The approved site plan was developed under the R-7-MF Multi Family Residential District regulations. The ordinance included a maximum density 6 25 units per acre There were 11 conditions approved with PD-27. See the attached Ordinance No 2245. The applicant has submitted a replat of Lot 3 to subdivide it into two lots to develop "The Haven", an assisted living Alzheimer's facility. The desire is to have each development with its own planned development ordinance. The applicant is requesting to amend Planned Development #27 approved by Ordinance No. 2245 (PZ 97-40) to list the new lot name of 3R (9.304 acres) and to eliminate the maximum density figure, but still maintain an 85 unit assisted living facility and to eliminate the traffic study required in paragraph #4. The applicant wishes to maintain in each ordinance the maximum number of units but eliminate the density figure because of the lot size changes. Additionally, the applicant desires to create a new Planned Development#27A for the new proposed Lot 4 (4 319 acres) PD #27A would establish a 48 unit Assisted Living Alzheimer's Facility and keep the same conditions approved with Ordinance No. 2245 with the exception of a density requirement, the wrought iron fence abutting Emerald Lakes Addition and the traffic study The applicant desires to list the maximum number of units in the proposed ordinance Site Plan Summary Proposed Lot 3R (8500 Emerald Hills Drive) — Morning Star Assisted Living Facility — The only change to the site plan itself is the area of the lot has been reduced from 13 623 acres to 9.304 acres. The building and physical layout of the property has not changed Finance Review Source of Funds Account Number Bonds(GO/Rev ) Sufficient Funds Avanaoie Operating Budget Cher Finance Director P mlep men ead Signature ,/ ity Manager S 2n. ure K\Cases\PZ Cases\PZ 99-16-41 Resources doc Page 1 of 2 CITY OF NORTH RICHLAND HILLS Proposed Lot 4 — The Haven Assisted Living Alzheimer's Facility —The proposed one story building contains 37,298 square feet The building is proposed to be developed with 48 units and 60 beds. The applicant is proposing to develop the required 30 off-street parking spaces. The landscape plan submitted is in accordance with the new landscaping regulations. The applicant is proposing to provide 113,852 square feet of landscaped area, which is 61% of the total lot The exterior masonry coverage of the proposed building is 95%. Surrounding Future Land Uses The subject property is designated as High Density Residential Future Land Use North: High & Low Density Residential South: Commercial East: High Density Residential West: Low Density Residential RECOMMENDATION: The Planning and Zoning Commission at their public hearing on May 27, 1999, recommended approval of PZ 99-16 to amend the existing Planned Development#27 on proposed Lot 3R to reduce the lot size, eliminate the maximum density and the traffic study and to maintain the original 10 conditions of Ordinance No. 2245. To also approve the establishment of a new Planned Development #27A on proposed Lot 4 for a 48 unit Assisted Living Alzheimer's Facility and keep the same conditions approved with Ordinance No 2245 with the exception of a density requirement, the wrought iron fence abutting Emerald Lakes Addition and the traffic study required by a vote of 7 to O. To approve PZ 99-16 as recommended by the Planning and Zoning Commission. CITY COUNCIL ACTION ITEM K\CaseslPZ Cases PZ 99-16-41 Resources dos Page 2 of 2 „ . , . . 1• i• • o . y • • • .• 4S ' AG• vIRISN von-\ ' oEl ' - • s 111111111111111z = PZ99-16 .E PATRICK ST 8500 Emerald Hills Way • _ , w , , , o • - s- Rezoning Request for Planned Development ISM For Alzheimer's Facility ,o u rON WAY e • O ,' • • R-7-h a __ I r / 2 1 oc 'i II 1663 .pD^ _ b „ �' >000 PD -24 • _ D EMERA 2197 P ,IA n' •�' © O Pb 4 P"CF\ 3339 EMERALD OR y♦'3S� W��'�eR opa S titi a >: G• OR 8Vr 3 PD�,25 : 22' 9 c-9 •p —I H•NR•W'O'O.D•••R•D•■••••'- n.n \mt.., ,O .'S<V\G� 'r C�1 26 .s - . l C-2 C..1..\ I, '�'} a . a 8 2067 r . zi\_1. • . e PAP r a \ A 13.1 © .• •6Qf Cr //�-''\ ` Z 3 PST I1�� �� THOUSAND OAKS Dl cpNb ' IEPPIE 10 DP ' i r. Proposed Ordinance for Amended PD 27 ORDINANCE NO. 2394 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, AS AMENDED, AND ORDINANCE NUMBER 2245 TO AMEND PLANNED DEVELOPMENT DISTRICT NUMBER TWENTY-SEVEN; 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 99-16; 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 as forwarded a recommendation to the City Council for amendment of the Ordinance No. 1874, as amended, by amending Ordinance Number 2245 for Planned Development District Number Twenty-Seven, 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 99-16 (Resources for Senior Living), the following described property containing 9.304 acres and zoned Planned Development District Number Twenty-Seven shall be amended: ALL of proposed Lot 3R, Block 1, Walker Branch Addition 2. THAT, the purpose of the Amended Planned Development District Number Twenty- Seven is to provide for an 85 unit assisted living facility. The permitted uses and development regulations for this planned development district shall be as follows: 1 Permitted Uses: An 85 unit Assisted Living Facility constructed on 9.304 acres and in accordance with the site plan attached as Exhibit "A". Ordinance No 2394 Page 1 of 5 Proposed Ordinance for Amended PD 27 3. That, the development regulations contained in the R-7-MF Multi-Family Residential Zoning District which are not in conflict with the terms of this Planned Development District shall govern development on said property, except as follows. The General Conditions as listed in Section 430-D of the Zoning Ordinance shall govern the development except 1 A six (6) foot masonry screening wall must be constructed along the west property line that adjoins residential property within Emerald Lakes Addition 2 A six (6) foot wrought iron and masonry column fence shall be constructed along the southwest property line until it abuts the residential property of Emerald Lakes Addition, but not within the 100 year flood plain 3. Sidewalks shall be constructed in accordance with the standards of the City of North Richland Hills along property lines that abut Emerald Hills Way 4. Required parking shall be sixty (60) spaces that conform to the standards of the City of North Richland Hills. 5. All and every refuse container on site shall have a masonry wall that serves to effectively screen it from view. 6. Garages and carports are not required 7 Landscaping as per city specifications. 8 The recreational space is not required 9 A gated entry is not required. 10. Additional site plan approval is not required 4. 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. 5. That, the Comprehensive Plan of the City of North Richland Hills is hereby amended to incorporate the changes in future land use described herein 6. 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 Ordinance No 2394 Page 2 of 5 Proposed Ordinance for Amended PD 27 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 7. 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 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27TH DAY OF MAY, 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF JUNE 1999. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Ordinance No 2394 Page 3 of 5 Proposed Ordinance for Amended PD 27 APPROVED AS TO FORM AND LEGALITY. Attorney for the City Ordinance No 2394 Page 4 of Proposed Ordinance for PD 27-A ORDINANCE NO. 2395 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, AS AMENDED, AND ORDINANCE NUMBER 2245 TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER TWENTY-SEVEN-A; 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 99-16, 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 as forwarded a recommendation to the City Council for amendment of the Ordinance No. 1874, as amended, by amending Ordinance Number 2245 to establish Planned Development District Number Twenty- Seven-A, 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 99-16 (Resources for Senior Living), the following described property containing 4.319 acres, shall be rezoned from Planned Development District Number Twenty-Seven to establish Planned Development District Number Twenty- Seven-A: ALL of proposed Lot 4, Block 1, Walker Branch Addition 2. THAT, the purpose of the Planned Development District Number Twenty-Seven-A is to provide for a 45 unit assisted living Alzheimer's facility. The permitted uses and development regulations for this planned development district shall be as follows: Ordnance No 2395 Page 1 of 4 Proposed Ordinance for PD 27-A 1. Permitted Uses. A 45 unit Assisted Living Alzheimer's Facility constructed on 4 319 acres and in accordance with the site plan attached as Exhibit "A". 3. That, the development regulations contained in the R-7-MF Multi-Family Residential Zoning District which are not in conflict with the terms of this Planned Development District shall govern development on said property, except as follows. The General Conditions as listed in Section 430-D of the Zoning Ordinance shall govern the development except: 1. A six (6) foot masonry screening wall must be constructed along the west property line that adjoins residential property within Emerald Lakes Addition. 2. Sidewalks shall be constructed in accordance with the standards of the City of North Richland Hills along property lines that abut Emerald Hills Way. 3 Required parking shall be thirty (30) spaces that conform to the standards of the City of North Richland Hills. 4. All and every refuse container on site shall have a masonry wall that serves to effectively screen it from view. 5. Garages and carports are not required. 6. Landscaping as per city specifications 7. The recreational space is not required. 8. A gated entry is not required. 9. Additional site plan approval is not required. 4. 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. 5. That, the Comprehensive Plan of the City of North Richland Hills is hereby amended to incorporate the changes in future land use described herein 6. 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 Ordnance Na 2395 Page 2 of 4 Proposed Ordinance for PD 27-A ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section 7. 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 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27TH DAY OF MAY, 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 14th DAY OF JUNE, 1999. Mayor, City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT' Planning Director Ordinance No 2395 Page 3 of 4 Proposed Ordinance for PD 27-A APPROVED AS TO FORM AND LEGALITY. Attorney for the City Ordinance Na 2395 Page of ORDINANCE NO. 2245 C O 0 M AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, AS AMENDED, TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NUMBER TWENTY-SEVEN; 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 97-40; 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 as forwarded a recommendation to the City Council for amendment of the Ordinance No. 1874, as amended, by establishing Planned Development District Number twenty-seven, by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 97-40, the following described property, attached as Exhibit 1, Location Map, shall be rezoned from C-1 Commercial and R-7-MF Multi-family Residential to establish Planned Development District Number twenty-seven. ALL of Lot 3, Block 1, Walker Branch Addition 2. THAT, the purpose of Planned Development District Number twenty-seven is to provide for an 85 unit assisted living facility. The permitted uses and development regulations for this planned development district shall be as follows: 1. Permitted Uses: An 85 unit Assisted Living Facility constructed at a maximum density of 6 25 units per acre and in accordance with the site plan attached as Exhibit No. 1. Ordinance 2245 Page 1 3. That, the development regulations contained in the R-7-MF Multi-Family Residential Zoning District which are not in conflict with the terms of this Planned Development District shall govern development on said property, except as follows. The General Conditions as listed in Section 430-D of the Zoning Ordinance shall govern the development except: 1. A six (6) foot masonry screening wall must be constructed along the west property line that adjoins residential property within Emerald Lakes Addition. 2. A six (6) foot wrought iron and masonry column fence shall be constructed along the southwest property line until it abuts the residential property of Emerald Lakes Addition, but not within the 100 year flood plain 3. Sidewalks shall be constructed in accordance with the standards of the City of North Richland Hills along property lines that abut Emerald Hills Way, 4. Required parking shall be sixty (60) spaces that conform to the standards of the City of North Richland Hills. 5. All and every refuse container on site shall have a masonry wall that serves to effectively screen it from view. 4 8. Garages and carports are not required. "it Landscaping as per city specifications. v 6. The recreational space is not required. 9 6. A gated entry is not required. r01. Additional site plan approval is not required. 4. 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. This ordinance is passed with the stipulation that a traffic study be completed by the City to determine the needs for signalization and /or additional traffic lanes on Harwood Road and any other street, alley or thoroughfare; and that the traffic needs be met by the owner at the time of platting of this property. 5. That, the Comprehensive Plan of the City of North Richland Hills is hereby amended to incorporate the changes in future land use described herein 6. 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 Ordinance 2245 Page 2 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. 7. 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. 8. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 25TH DAY OF SEPTEMBER, 1997. a err" 41 Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 27th DAY OF OCTOBER, 1997. ash- y ayor, City o o Richland Hills. Texas ATTEST: /�GY/iefa. /64.64eYl- City Secretary City of North Richland Hills, Texas APPROVED AS TO FOR' ND LEGALITY: Att.rney .r the City Ordinance 224 Pagc 3 ... ._ i. vv o+ .+s ra Hurtle-ncu.urtu waee Y. y1 Kurtz - Bedford Associates, Inc. CI L7 0 OONNM1TYp 1449 W[bt3-SURVEYORS 4711 RonMdl Road • Sued No 2 riape0d.Teas 75013 972-240-5999 Fax 971-240-4466 352 Cedar Cow Drive Copped.Texas 75019 972-492-7441 Fax 972-462-7661 FAXTRAIVSMITTAI4 DATE: April 27, 1999 No. of Pages: 1 Including this cover TO: Marcie Ratcliff Fax No.: I-817.656-7538 Nroth Richland Hills Planning Director - FROM: 4VTorry Krauska,P.E.•Garland Office RE: The Haven There is an assisted living facility(owned by Torch Health Care)on Emerald Hills Way located on a 13.623 acre tract known as Lot 3,Block 1 of the Walker Branch Addition. There is a single PD which provides the zoning for the entire 13 acres, It is the desire of all involved to subdivide the 13 acres into 2 lots consisting of Lot 3R(9 acres)and a new Lot 4(4 acres). This new lot would be purchased by Resources for Senior Living. A replat application has been made and staff comments made however,the replat is currently on hold awaiting engineering plans. It is Resources for Senior Living's desire to create a new and separate PD for the new Lot 4 completely independent ofthe existing PD. Therefore we can either have a new PD which overlays the existing PD or we can mod the existing PD to reflect the new 9 acre lot and create a new PD for the 4 acre lot. The separate and new submittal was presented after discussion with Chris because we did not want to reopen the existing PD and have to go through a siteplan review process for the existing facility. Please note that there will be a firelane which will cross both lots. This has been agreed to by both parties. I look forward to hearing from you tomorrow and will respond immediately to help keep the project on track. cc: Robin Davis,Resources for Senior Living 1-704-376-5079 NitHAPPLICATION FOR A ;c- RCyrand wns PLANNED DEVELOPMENT DISTRICT Nom, Hills - Id:,rr..„o.a sror,t,r Texas PART 1. APPLICANT INFORMATION s(T-sal sica Name rt applcant/agent R-E50‘4/L.<.TS sCO2 SE IL L;v;N€ — /).FV/ Sties'address of applicant/agem /60 ,loerH rQyea srizeer, Sic CFc 272.6 City/ State/Zp Code of applicant/agent / Telephone number of applicant/agent Clans o <, ti/aura. Gr¢e/c„k Z82oL 70V- 372.7892 PART 2. PROPERTY OWNER INFORMATION 011" 37(0- 5075 Name of drapery owner Ms no,CrfF /Lic%/a.an /4,• (Is Street address of property owner City/ State/Zip Code of property owner n/b2n( /I , 1 / Telephone number of property owner I(-ccLi./RuJ ALLY& !Y •/rJD Note Adacn letter or affidavit from B/7-s77- 3337 property owner if different applicant/agent PART 3. DESCRIPTION OF REQUEST Current zoning classification !Legal Description or Attach Metes&Bounds PP ficies Describe;he nature of the proposed activity and any particular cnaractenst'cs related to the use of the property (0A-A$1724orr /f+/ Fic9-1 Orly /a-1 r14"I'.LE73 L/✓r NG /j-et41E.U4' O E STU" Site plan attached which con'arms WW1 the requirements included in this packet Affdavi(attached(mm property owner A applicant rs not owner Yes No Yes r---1 No I hereby certify that I ars, or represent, the legal owner of the properly described above and do hereby q ala Planned Development prslnct to(he Planning and Zoning Ysuomr((nis truest for approval I 9 gCOmmismbn/or consideration �r Dale fziger r'_. .. Pan(Name re Coo Signature tll nom"_ I 1nQ ,. _ PART 4 FOR OFFICE US ONLY Date or Pranging& Zoning Commission Public Heanng Taxes Paid> \ Case Number I Yes �I II No 7 `Z7/s/s_ 140 Date of City Council Public Heanng Liens Paid> Fee r1 Yes I No 5300.00 °tined Development Approved Assessments Paid> Yes No r1 Yes No C Approval Conditions ofA This application Mil not be scheduled for public heanng until the application fee is received PLANNED DEVELOPMENT CD -415 (5197) ii 7 i TORCH - Health Care. Inc. April 12, 1999 TO: City of North Richland Hills RE: Zoning Request for4 319 Acres on Emerald Hills Please let this letter serve as authorization for Resources for Senior Living of Charlotte, North Carolina to submit the attached zoning request Sincere James T. Wang Executive Vice Prsident/CFO iw ti;ii North U t unnur IfuuleLtal, ',tutu 2111 In mg. I CVO -50149 9-) 5111 9210 FAX 9-2 501 9199 tt■■■' urtdiht unn • - CITY OF NORTH RICHLAND HILLS Department Library Council Meeting Date: 6/14/99 Subject: Recommendations of Ad Hoc Committee for Agenda Number: GN 99-52 Cultural and Educational The Ad Hoc Committee on Cultural and Educational Opportunities worked with representatives from many community organizations, conducted a focus group, and analyzed a citizen's survey to evaluate the educational and cultural needs of the community. From the needs they identified, the Committee developed recommendations to address each objective for which the Committee was chartered. In brief summary, the Committee recommends: • Increasing the number and variety of cultural activities and working to improve citizen awareness of current activities • Increasing subsidization and awareness of scholarship funding for disadvantaged residents wishing to participate in Parks & Recreation programs. Evaluating the use of other public facilities to make programs more accessible to residents • Offering college readiness courses for the workforce and computer training for pre- schoolers, parents, and the workforce • Partnering with BISD, Tarrant County College, and other organizations in the community to increase number of facilities available for educational classes • Expanding general pre-school, reading, and mentoring projects for children and youth, particularly the disadvantaged • Pursuing a Sister City exchange program • Increasing the facilities available for cultural and educational activities. Acquire portable staging for special events. Consider creating a multipurpose facility that could serve a variety of cultural and educational purposes Finance Review Source of Funds: Account Number Bonds (GO/Rev ) Sufficient Funds Avanaoie Operating Budget Other /' Finance Director $ acre- Bfa�w ® (,1,f, • Department Head Signature ity Manager -ign. ure Page 1 of 2 CITY OF • NORTH RICHLAND HILLS • Creating a distance learning facility employing interactive technologies • Assessing block grant and other public funding, joint projects with community organizations, and citizen fees to fund activities • Developing improved volunteer program to coordinate volunteer participation in City and community programs. Members of the Ad Hoc Committee will be present at the meeting to present a summary of their findings and recommendations. The Ad Hoc Committee respectfully requests that Council consider scheduling a work session with the Committee at which the committee's findings can be more fully explained. Recommendation: To accept the report of the Ad Hoc Committee and consider the Committee's request to schedule a work session with members of the Committee to explore the recommendations in greater detail. CITY COUNCIL ACTION ITEM Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 06/14/99 Subject Location and Broadcasting of Pre-Council Meetings Agenda Number GN 9949 On March 29, 1999 the City Council approved broadcasting of Pre-Council meetings for a test period of three months and to conduct such meetings in the City Council Chambers. This action was caused by the decision to change the Council Rules of Procedure related to deliberation of items on the regular agenda during Pre-Council meetings. At the May 24 Pre-Council meeting the Mayor and Council again further discussed the location of Pre-Council meetings and broadcasting of such meeting. During the regular meeting, discussion related to deliberating items on the regular agenda at the Pre-Council meetings was once again raised as related to public awareness of Council deliberations. It was the consensus of Council to place an item on the next formal agenda to relocate the Pre-Council meetings to the Pre-Council room and that such meetings would not be broadcast. This agenda item will allow Council to approve the relocation of Pre-Council meetings from the Council Chambers to the Pre-Council room and that such meetings would not be broadcast. Since this item was approved on the regular agenda it is necessary to approve it on the regular agenda if any changes are to be made. A separate item is submitted to change the Council Rules of Procedures related to deliberation of regular agenda items during Pre-Council meetings As mentioned in the next coversheet, amendments to the Council Rules of Procedures must be introduced at one meeting and then voted on at a second meeting. The item related to the location of the Pre-Council meeting was not included in Rules of Procedures and is a separate action item for consideration. 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 '�� yAC''�fa C.Cc Zti yu- ->'�J Department Head Signature ity Manager Sign (ure Page 1 of CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 06/14/99 Subject Amendment to Council Rules of Procedure - Agenda Number: GN 9950 Resolution #99-42 At the May 24, 1999 Pre-Council meeting, the Mayor and Council discussed IR 99-078 related to location and broadcasting of Pre-Council meetings. During that discussion comments were raised about deliberating items on the action agenda at the Pre-Council meetings as being the cause for moving the Pre-Council location The earlier discussion regarding the location of Pre-Council meetings to the City Council Chambers was to allow broadcasting of the meetings since the Council rules were changed to provide for deliberation of items on the regular agenda. Since it was the consensus of Council at the May 24 Pre-Council meeting to move the Pre-Council meeting back to the Pre-Council room with no broadcasting, an amendment to the Council Rules of Procedure is submitted related to deliberation. To amend the Council Rules of Procedure it is first necessary to introduce the proposed amendment at one Council meeting and then to place it on the subsequent Council meeting for approval Resolution #99-42 outlines changes to Section 3.4 of the Council Rules, Subsection B. Please note in Subsection B that the underlined word "and" is an added word and the sentence and part of a sentence that is marked through would be those that would be deleted from Section 3 4 B. The direction from Council at the May 24 Pre-Council meeting to place an action item on the June 14 agenda related to location of Pre-Council meetings is listed as the previous item on the agenda. It is necessary that this be a separate item from the amendment to the Council Rules as it was approved as a separate action item and is not a part of the Council Rules of Procedures. 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 Department Head Signature y Manager Sgna ur Page 1 of RESOLUTION NO. 99-42 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Proposed Ordinance No. 2389 is hereby introduced into the record at this meeting as proposed amendments to the City Council Rules and Regulations, to be considered for passage at the next Council meeting. PASSED AND APPROVED this 14th day of June, 1999. APPROVED: Charles Scoma, Mayor Scoma ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney ORDINANCE NO. 2389 WHEREAS, Ordinance number 984, as amended by Ordinance 1872, 2296, 2343, and 2370 contains the City Council Rules and Regulations; and WHEREAS, in order to provide for more orderly presentation of material and in order to protect the health and common good of the City, the Council finds that this Ordinance should be passed amending the Council Rules and Regulations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. Immediately following Section 3.3 of the Council Rules and Regulations, Section 3.4 has been amended to read as follows "3.4 Pre-Council Meetings a. Pre-Council meetings shall be conducted in public pursuant to a posted agenda approved by the City Manager. The Mayor or any Council Member may request that items are placed upon the agenda, but the final decision on agenda items shall rest with the City Manager. The City Manager's decision shall be subject to appeal to the full Council at the next regular meeting. b. Except for public hearing items, the Council shall be free to fully discuss each item on the agenda, to question each other and to question the staff, and inquire into reasons for recommendations On public hearing agenda items, the Council Members may ask questions of the staff and ask for staff evaluation of the item. c. The Council shall be entitled to vote on items of procedure pertaining to the pre-council meeting." PASSED and APPROVED this 28th day of June, 1999. APPROVED: Charles Scoma, Mayor 1 ATTEST Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City 2 CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 06/14/99 Subject Consider Land Use Ad Hoc Committee Work Activities Agenda Number. GN 99-51 At the May 24 Pre-Council meeting IR 99-075 was discussed requesting direction related to Phase II of the landscaping and signage recommendations of the Land Use Ad Hoc Committee and the four topic areas remaining to be reviewed by the ad hoc committee. It was the consensus of Council to move forward as soon as possible with the Phase II recommendations related to signage and landscaping, to secure the services of an outside professional to assist with the update of the comprehensive land use plan and thoroughfare plan, and to proceed with funding of the outside professional services work with use of the Council Contingency fund in the 1998/99 budget. Staff was also directed to place an item on the June 14 Council Agenda to discontinue any further work by the Land Use Ad Hoc Committee The four topic areas that have not been completed by the Land Use Ad Hoc Committee are as follows: (1) Architectural design and layout, (2) Subdivision ordinance review, (3) Land Use Plan, review, and (4) Thoroughfare plan update. Since the City Charter and State law require the Planning and Zoning Commission to make formal recommendations on amendments to the comprehensive land use and thoroughfare plan and to the zoning and subdivision ordinance, it was staffs thinking when IR 99-075 was written that the Land Use Ad Hoc Committee would review these three issues and make their recommendations to the Planning and Zoning Commission and then to concentrate the majority of their time on the architectural design and layout criteria. A tentative or preliminary time line and idea that staff has with respect to the Land Use Ad Hoc Committee is as follows: July 1 —August 13 Review, evaluate and develop recommendations for architectural design and layout criteria and related issues. Finance Review Source of Funds. Account Number Bonds (GO/Rev.) Sufficient Funds Avatlabie Operating Budget Other Finance Director Mai ...asdarrAGIsr■- AS Department Head Signature !ay Manager S ma ire Page 1 of 2 CITY OF NORTH RICHLAND HILLS July 12 — August 5 • Review, provide input to Planning and Zoning Commission regarding issues / concerns related to the comprehensive land use plan and thoroughfare plan • Present written report on comprehensive land use plan and thoroughfare plan to Planning and Zoning Commission by August 5. July 31 — September 3 • Review subdivision regulations and present recommendations to Planning and Zoning Commission by September 3. September 30 - Complete reviews and study issues regarding architecture design issues and present report to City Council. Again, it is staff's thought that the Land Use Ad Hoc Committee would work on the architectural design issues very quickly and have those ready to present in written form to Council by September 30. The Land Use Ad Hoc Committee would provide their input related to issues and concerns of the land use plan and thoroughfare plan as well as subdivision regulations and present those to the Planning and Zoning Commission which would then be considered as the consultant works with the Planning and Zoning Commission regarding the comprehensive land use plan, thoroughfare plan, and any subdivision regulation changes. The Ad Hoc Committee's work on the remaining four topics would require much less time than the sign and landscaping issues did, and we believe their tasks can be completed by the end of September. The Ad Hoc Committee's first tasks were quite involved, requiring considerable research and evaluation, and since the sign and landscaping was not a part of the zoning ordinance, the committee did the bulk of the work whereas the Planning and Zoning Commission and the consultants will do the majority of the remaining work on the land use, transportation and subdivision matters. This citizen's Ad Hoc Committee could provide early input on several issues to Planning and Zoning Commission and then be finished. Recommendation: To consider the further involvement of the Land Use Ad Hoc Committee and the four remaining tasks. CITY COUNCIL ACTION ITEM Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date 6/14/99 Subject Approve Replacement Fund Use by City of Watauga Agenda Number: PW 99-11 for the Watauga Road Booster Pump Station Capacity Increase The sales contract with the City of Watauga for their portion of the water and sanitary sewer system included a provision for them to contribute to a "replacement fund" for joint use water facilities owned by North Richland Hills. These facilities basically are the Watauga Road Booster Pump Station and everything in it, the 2 million gallon ground storage tank at the site, and the 24-inch/16-inch/12-inch water main down Watauga Road connecting the Pump Station to the North Richland Hills water system at Rufe Snow Drive. Their annual contribution was clarified in the Letter Agreement No. 5 signed and agreed to by the City Managers (North Richland Hills and Watauga) in September of 1996. The Letter Agreement includes a spreadsheet which takes into account the replacement costs and life expectancy of the facilities. It breaks down the total amount into an annual payment. In these first fifteen years after the sale, the annual amount is $83,343. Watauga's share of that amount each year depends on the amount of water they use through the Watauga Road Booster Pump Station compared to the total. Through April 1999, the amount of money deposited by Watauga into the replacement fund (including accrued interest) is $126,909 08. The share of this money which was to be used for "pumps, motors, and control valves" was 24% (approximately $30,454 of the total $126,909.08). The attached letter from the Watauga City Manager requests use of$25,000 out of this replacement fund for engineering on the joint "Watauga Road Booster Pump Station Capacity Increase" project. This represents 50% of the funds necessary for the engineering design contract. This project will benefit North Richland Hills and has therefore been included as a Capital Improvement Project. The budget for the North Richland Hills portion of the project has been approved and funding will be brought to the City Council by separate action, as necessary. It is staffs opinion this would be an appropriate expenditure of Watauga's funds. Recommendation. To approve withdrawal and use of $25,000 from the "replacement fund" by the City of Watauga for use on this Watauga Road Booster Pump Station Capacity Increase Project. Finance Review Source of Funds. Account Number Bonds (GO/Rev ) I Sufficient Funds Available Operating Budget O' -/ ether U \/4i1/7/= 7 ! `-�'""�' Finance Director Ain KN D•past Head Signature ly Manager Sign lure • Page 1 of RECEfEE MAY 2 / f999 WATAUGA T E X A S May 26, 1999 Mr Greg Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N E. Loop 820 North Richland Hills, Texas 76180 RE: WATER AND WASTEWATER AGREEMENT WATAUGA ROAD BOOSTER PUMP STATION RFPLA.CEn,1FNT COST PLrNnING It is our understanding that the City of North Richland Hills has budgeted funds for the purpose of upgrading the Watauga Road Booster Station in order to increase the pumping capacity from 8 million-gallons-per-day (mgd) to approximately 12 mgd. The City of Watauga recognizes the need for the additional pumping capacity as well and supports this proposed upgrade. As you are aware, the City of Watauga has been depositing funds into a "Replacement Fund" as defined in the `IOINT USE AGREEMENT BETWEEN WATAUGA AND NORTH RICHLAND HILLS'-, dated June 14, 1996, for the purpose of replacing certain Joint Use Facilities which are owned by the City ()North Richland Hills. As of April 30, 1999. there is more than SI 16,000 in this account. Within the agreement, this Fund is made up of deposits toward the replacement of the ground storage tank, pumps, motors, control valves and "the balance of the facilities owned by North Richland Hills-. At our May 24, 1999 City Council meeting, our Council authorized spending an amount not to exceed 325,000 for engineering expenses to upgrade the Watauga Road Booster Pump Station. The Council's further stipulation was that Watauga's contribution not exceed 50 percent of the cost of engineering with North Richland Hills paying 50 percent. Hence. this letter serves as an official request and authorization to spend funds on engineering as stated nercin I have asked Johnnie Reagan, Director of Public Works and Parks, to coordinate with you on this project. Please Feel free to contact him at 514-5837. Thank you for your assistance in this matter and please feel free to contact me at 514-5810 ill can be of further assistance. (Dig Dale Cheatham, City Manager CC Mr. Larry Cunningham, City Manager Mr Johnnie Reagan, Director of Public Works & Parks Mr. Richard Albin, P.E., KEF, Inc. Mr G R Philipp Jr . P F., KER Inc fn) of Watauga -lu1 Ulutic( Road •Watauga.Tx-0148 • (81')28 Lana' • Morro (HI')498-4in8 • Fa' (8r)181-1991 LETTER AGREEMENT Cho P� NO.Y rj Relating to Joint Use Agreement SECTION 6. REPLACEMENT FUND "6.2 The amount paid into the Replacement Fund shall be based on a per 1000 gallon volume charge for all water used by the City of Watauga. Funds will be disbursed for replacement projects on Joint Use Facilities owned by NRH upon approval of both cities. The Replacement Fund fee shall be escrowed monthly at a rate that will accumulate sufficient funds to satisfy Watauga's pro-rata share of the replacement cost of the Joint Use Facilities owned by NRH. The amount to be paid by Watauga will be adjusted annually In October by computing the ratio of water used by Watauga to the total volume of water received from the City of Fort Worth the preceding year from the pump station at 5106 Western Center Blvd?' The understanding of the parties relating to this provision is as follows: The attached schedule represents the total Replacement Fund costs for both cities relating to the Joint Use Facilities. Watauga's monthly contribution into this fund cannot be calculated until such time as the monthly statement from Fort Worth is received for water purchases for the month of September, 1996. This statement will be received on or about October 20, 1996. Upon receipt of this statement, NRH will determine the annual volume of water delivered by Fort Worth through the pump station at 5101 Western Center Blvd., determine the annual volume of water sold to customers in the Franchise Area and provide the documentation, (copies of Fort Worth Monthly Statements and NRH Monthly Billings in the Franchise Area), to Watauga. The ratio of water sold in the Franchise Area to water purchased from Fort Worth shall be Watauga's pro-rata share of the Mal annual requirements as listed on the attached schedule: Watauga's first monthly payment into the Replacement Fund shall be made no later than October 31, 1996, and the last business day of each succeeding month until such time as the Replacement Fund reaches the required amount. All interest earnings shall remain In the Replacement Fund and shall be the property of Watauga. Interest earnings shall also be used to reduce future monthly payments required to be made by Watauga or Watauga shall have the right to withdraw any excess funds generated by their deposits into the Replacement Fund Watauga Instructs NRH to use the designated NRH depository bank for this Replacement Fund and to require the signature of an authorized representative of both cities to withdraw any of said funds. In addition, Watauga Instructs North Richland Hills to invest their deposits In Tex- Pool, In a separate account for the benefit of Watauga. Nothing in this section shall preclude the parties from modifying, adding,deleting or otherwise changing the list of Joint Use Facilities. My changes to the original list of Joint Use Facilities brought about by system operating requirements shall also change the Replacement Fund calculations and shall only be accomplished by an agreement by both parties to change the original contract document. SECTION 6.6: "Watauga shall retain Investment rights over the Replacement Fund and shall haw unrestricted rights to interest accruing on the Replacement Fund. Also, should the balance of the Replacement Fund become excessive based on replacement estimates, Watauga may request a distribution of the excess funds from Its account Watauga shall request written approval from NRH prior to receiving any excess distribution, with such approval not being unreasonably withheld." The understanding of the parties relating to this provision is as follows: On or before October 31, 1996, Watauga will, in writing, issue instructions to NRH as to the desired investment practices to be employed. This Instruction letter shall remain in force until changed, in writing, by a duty authorized representative of Watauga. At such time as the Replacement Fund Is established and opened by NRH, NRH will furnish Watauga with copies of deposit slips for the account. Watauga shall prepare their monthly deposit and deliver same to the Director of Finance of NRH. NRH shall make the deposit at the NRH depository bank, as agreed to by Watauga, and a copy of the deposit slip will be returned to Watauga. In-as-much as the cash in the account will be reflected on the books of Watauga, as per contract agreement, the monthly bank statement will be mailed directly to Watauga by the depository bank. SECTION 8.6: "Watauga's Rata of Use charge shall be calculated based on Watauga's consumption compared to NRH'S total consumption of water from the City of Fort Worth; i.e. H the total monthly Rate of Use charge from the City of Fort Worth is and If Watauga's consumption Is 20% of the total water taken from Fort Worth, Watauga's Rate of Use charge for that month would be 20% of 660,000. The final bill from the City of Fort Worth for each fiscal year ("SettieUp") will determine the ultimate annual Rate of Use charge to each city, based on percentage of use." The understanding of the parties relating to this provision is as follows: During the Transition Period, or at such time as the systems are totally separated, the above mentioned "Settle-Up' shall indude Watauga's pm rata share of the loss and unaccounted for water In the system. Watauga's share of the lost and unaccounted for water shall be calculated as follows: The total annual volume of water entering the system from the City of Fort Worth, Trinity River Authority, and production by wells In HRH shall be determined for the twelve months ended September 30, for the previous year. This total volume of water entering the system will then be compared to the actual volume of water sold and used by NRH as reflected on the billing registers for the entire system, both North Richland Hills and Watauga for the previous year, to determine the percentage of water that was sold/used and the percentage of water that was lost and unaccounted for in the entire system. Watauga's pro rata percentage of this lost and unaccounted for shall be by determining what percentage of the total system sales/use volume is represented by the Franchise Area, i.e., if the total loss and unaccounted for water in the entire system represents 8% and the customers in the Franchise Area represent 20% of the total system consumption, then Watauga's pro rata share of the lost and unaccounted for water would be 1.6%, (8% x 20%) This 1.6% would then be multiplied by the total payment made by NRH to the City of Fort Worth and Trinity River Authority for water for the twelve month period. (Because the volume of water produced by wells in NRH is so small, NRH does not choose to include the cost of production on this volume of water In this calculation and will not attempt to recover any of the associated production costs.) Watauga would then pay their calculated pro rata share of the loss and unaccounted for water in twelve equal monthly payments during the next fiscal year. It is additionally understood that this process will be in place until the systems are physically separated and the loss and unaccounted for water can be determined within the geographic boundaries of the Franchise Area. Formula for this calculation is: Total volume of water consumed by all system customers % system Ft. Worth Purchases plus TRA Purchases plus NRH wells accountable 100.0%- % system accountable = % System unaccountable Total volume of water consumed by Franchise Area customers =Watauga Total volume of water consumed by all system customers System % Watauga System%X% System unaccountable =Watauga pro rata % Watauga pro rata % X Total annual cost of water from Ft. Worth & TRA shall equal Watauga's pro rata dollar share of system lost and accounted for water. This amount shall be paid In twelve equal monthly payments. At the end of each year, a settle-up calculation shall be performed, using actual use and purchase statistics to determine the actual amount of lost and unaccounted for water. My amount of over/under payment by Watauga shall be included in calculating the next year's monthly payments to North Richland Hills. During the initial year of the Transition Period, the lost and unaccounted for water shall be calculated according to the above formula but using the nine- month operating statistics for the period beginning January 1, 1996 and ending September 30, 1996. Watauga agrees and understands that a twelve-month period will not be used for this initial calculation due to several meter registration errors in the Fort Worth meters which render a twelve-month lost and unaccounted for calculation totally inaccurate. Dated this / 91L day of 5 epT , 1996. (a: Lee Maness, City Manager C. A. Sanford, C' Manager City of Watauga C1ty of North Richland Hills REPLACEMENT FUND PUMPS REMAINDER TOTAL 2 MGD MOTORS OF ANNUAL YEAR TANK & CONTROLX EQUIPMENT REQUIREMENT VALVES 1 23,343 20,000 40,000 83,343 2 23,333 20,000 40,000 83,333 3 23,333 20,000 40,000 83,333 4 23,333 20,000 40.000 83,333 5 23,333 20,000 40,000 83,333 6 23,333 20,000 40,000 83,333 7 23,333 20,000 40,000 83,333 8 23,333 20,000 40,000 83,333 9 23,333 20,000 40,000 83,333 10 23,333 20,000 40,000 83,333 11 23,333 20,000 40,000 83,333 12 23,333 20,000 40,000 83,333 13 23,333 20,000 40,000 83,333 14 23,333 20,000 40,000 83,333 15 23,333 20,000 40,000 83,333 16 23,333 40,000 63,333 17 23,333 40,000 63,333 18 23,333 40,000 63,333 19 23,333 40,000 63,333 20 23,333 40,000 63,333 21 23,333 40,000 63,333 22 23,333 40,000 63,333 23 23,333 40,000 63,333 24 23,333 40,000 63,333 25 23,333 40,000 63,333 26 23,333 40,000 63,333 27 23,333 40,000 63,333 28 23,333 40,000 63,333 29 23,333 40,000 63,333 30 23,333 40,000 63,333 TOTAL $700,000 3300,000 51,200,000 52,200,000 CITY OF NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date 6/14/99 Subject: Approve Regional Facility Planning Contract with the Agenda Number PW 99-12 Texas Water Development Board for the Big Fossil Creek Wastewater System — Resolution No. 99-38 The Big Fossil Creek Wastewater Outfall System affects four separate entities. Richland Hills has a 36-inch wastewater outfall that was installed in the 1950's by the previous owner of Richland Hills and North Richland Hills water and sewer systems. North Richland Hills has a large amount of wastewater that flows down this outfall. The city of Fort Worth has a 48-inch wastewater outfall down this same creek bottom that carries flows from the city of Fort Worth customers as well as Haltom City's wastewater flows. All four cities have received Administrative Orders (AO) from the United States Environmental Protection Agency (EPA)with this Big Fossil Creek Wastewater Outfall System being recognized as needing to be studied in detail to decide the best plan for increasing the capacity to meet ultimate needs. Only a portion of the Big Fossil Creek service area has been developed. Previously, the planning grant application was submitted to the Texas Water Development Board (TWDB) by the city of Fort Worth, but was not approved. The TWDB staff gave indications that it would be better received if one of the other three cities (North Richland Hills, Richland Hills, or Haltom City) involved be the one submitting for the grant. North Richland Hills offered to be the lead city on this grant. When we resubmitted the application early this year, it was approved. The TWDB has sent a revised contract for North Richland Hills to execute and return Staff previously reviewed the contract and made comments. The main items covered by the contract are listed below. 1. Contract execution deadline is July 8, 1999. 2 Study completion date is August 31, 1999 with the final report deadline being October 31, 1999. 3. The study will identify three cost-effective alternatives for providing wastewater system capacity for the four cities 4. Total study costs are $59,950 with the TWDB paying $29,975 of the total. 5. The City of North Richland Hills is responsible for$29,975. This cost will be split evenly between Richland Hills, Fort Worth, Haltom City, and North Richland Hills. Finance Review Source of Funds: Account Number Bonds (GO/Rev ) _ Sufficient Funds Available Operating Budget Other iii !K"c Finance Director • IW I- t Head Signature (,city Manag r mature Page 1 of 2 CITY OF NORTH RICHLAND HILLS The other three cities have obligated themselves for one-fourth of the study costs, up to $7,500 each North Richland Hills has sufficient money in the Unspecified Utility CIP Fund for paying it's share (approximately $7,500). Recommendation: To approve Resolution No. 99-38. CITY COUNCIL ACTION ITEM Page 2 of 2 RESOLUTION NO. 99-38 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1 The City Manager be, and is hereby authorized to execute the attached Agreement with the Texas Water Development Board concerning the Regional Facility Planning Grant for a study on the Big Fossil Creek Wastewater Outfall System serving North Richland Hills, Richland Hills, Fort Worth, and Haltom City, as an act and deed of the City. PASSED AND APPROVED this the 14th day June, 1999. Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY. Rex McEntire, Attorney for the City APPROVED AS TO CONTENT: d Greg• Di.ens, Public Works Director 4/fib 9 ee TEXAS WATER DEVELOPMENT BOARD William B Madden, (7.vr,,'.:n nandee. t ire-Cbanmsn Ehine NI Barron.M l D,•t lembr- Craig D red.RR ECiE UV MAY 2 4 ref Jack Huns,Member Chick, L C<mn,nlr,',be- e.en w,nr Admn,unuo' Wild H Ahdden.Jr,Member May 14, 1999 Mr. Larry J Cunningham City Manager City of North Richland Hills 7301 N E Loop 820 North Richland Hills, Texas 76180 Re Regional Facility Planning Contract Between the City of North Richland Hills (City) and the Texas Water Development Board (Board) Dear Mr Cunningham. Enclosed are three copies of a regional facility planning contract between the Board and the City. The deadline for execution of this contract is July 8, 1999 The Board's share of the $59,950.00 facility plan is $29,975.00 or 50 percent to be provided from the Research and Planning Fund. The local share of the plan will be provided by the City in the amount of $29,975.00 in cash and $0 00 in in-kind services. Please sign and date all three copies of the contract by July 8, 1999, retain a copy for your files and return the remaining two executed copies, along with the City's federal or state vendor identification number, to the attention of the Board's Research and Planning Fund Grants Management Division A Payment Request Checklist and return address labels are enclosed for your information and use If you have any questions concerning this contract, please contact Mr Ralph Boeker, the Board's designated Contract Manager for this study, at (512) 936-0851. Sincerely, �7 222 �f.GC. Tommy Kn ,h , P.E. Deputy Executive Administrator Office of Planning Enclosures Cc Gregory W Dickens, P E. Ralph Boeker, TWDB . .r,l.•,,...,n „ . ,,./,,,..,r/,.,•, r, «f,,.,,,.r,u.d•,/•„r ,.�,,,,rys, rr..,, PO Bar l 323 I • 1-0I)N: Cengres. -1.cnue • kusnn.T.vs -S-I I-3231 1 Telephone 1 512) 163,-84' • Tdefi.151211-i-2055 • I SOO_ RELAY TX(for the hcarmg impaired) CRL Addre.s harp//o..,.•,w dh scam H us • E-\6i1 Add ress I ntiir..d h snit r<us CPnnrcd un Recycled Paper 0 STATE OF TEXAS TWDB Contract No. 99_453-308 COUNTY OF TRAVIS Research and Planning Fund Regional Facility Planning THIS Contract, (hereinafter "CONTRACT"). between the Texas Water Development Board (hereinafter "BOARD") and the City of North Richland Hills (hereinafter "CONTRACTOR (S)"), is composed of two parts Section I. Specific Conditions and Exceptions to the Standard Agreement and Section II. Standard Agreement The terms and conditions set forth in Section I will take precedence over terms and conditions in Section II. SECTION I. SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I. DEFINITIONS: For the purposes of this Contract, the following terms or phrases shall have the meaning ascribed therewith: A. BOARD - The Texas Water Development Board, or its designated representative B. CONTRACTOR (S) - City of North Richland Hills C. EXECUTIVE ADMINISTRATOR - The Executive Administrator of the Board or his designated representative D PARTICIPANT (S) - City of North Richland Hills, City of Fort Worth, City of Richland Hills, and City of Haltom City E. REQUIRED INTERLOCAL AGREEMENT (S) -Not applicable F. REGIONAL PLAN - Regional wastewater facility G. BOARD APPROVAL DATE - April 8, 1999 H. PLANNING AREA - The planning area is the Fossil Creek Basin of the Trinity River. The project area is more specifically defined in Exhibit A (the original grant application) - I. DEADLINE FOR CONTRACT EXECUTION - July 8, 1999 J CONTRACT INITIATION DATE - April 8, 1999 K STUDY COMPLETION DATE - August 31, 1999 1 L. FINAL REPORT DEADLINE - October 31, 1999 M. TOTAL STUDY COSTS - $59,950.00 N. BOARD SHARE OF THE TOTAL STUDY COSTS - Not to exceed $29,975 00 or 50 percent of the total study costs or individual voucher submission O. LOCAL SHARE OF THE TOTAL STUDY COSTS - $29,975.00 in cash and $-0- in in-kind services or 50 percent of the total study costs or individual voucher submission P. VOUCHER SUBMISSION SCHEDULE - Monthly Q. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT OF THIS CONTRACT - 1. Written evidence of local matching funds must be received on or before July 8, 1999 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed in multiple originals THE TEXAS WATER DEVELOPMENT BOARD tommy KnoZPh. D , P.E. Deputy Executive Administrator Office of Planning c C Date: CITY OF NORTH RICHLAND HILLS aisittirt Mr Larry J. Cunningham Mr r-•ory . Dickens, P E. City Manager Pu.li ork- Director City of North Richland Hills Date' Date: 2 SECTION II. STANDARD AGREEMENT ARTICLE I. RECITALS Whereas, the CONTRACTOR (5) applied to the BOARD, Austin, Texas for a planning grant to develop a REGIONAL FACILITY PLAN, Whereas, the CONTRACTOR (S) and PARTICIPANT (S) will commit cash and/or in- kind services to pay for the local share of this planning project; Whereas, the CONTRACTOR (S) is the entity who will act as administrator of the BOARD's planning grant and will be responsible for the execution of this contract: Whereas, on the BOARD APPROVAL DATE, the BOARD approved the CONTRACTOR (S)'s application for financial assistance, Now, therefore, the BOARD and the CONTRACTOR (S), agree as follows. ARTICLE II. PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED 1. Services and activities provided under this Contract shall be in strict accordance with requirements of the Texas Water Code, Chapter 15; associated rules of the Texas Administrative Code, Chapter 355, Sections 355.1-355 11, Subchapter A; Exhibit A, the original grant application, which is incorporated herein and made a permanent part of this Contract: and this Contract. 2. The CONTRACTOR (S) will prepare a REGIONAL FACILITY PLAN for the PLANNING AREA as delineated and described in Exhibit A, according to the Scope of Work contained in Exhibit B. The CONTRACTOR (S) will consider BOARD population and water use projections, and if not used in the REGIONAL FACILITY PLAN, provide an explanation of why not used. Where applicable, the CONTRACTOR (S) will develop water conservation plans according to Texas Administrative Code, Chapters 363.15, 363 71, 375.37, and 375.101. 3 The CONTRACTOR (S) will establish formal, direct, and continuous liaisons with all cities, counties, councils of governments, river authorities, regional water planning groups designated under Texas Water Code §16 053 and 31 Texas Administrative Code §357.4, and all applicable state agencies, federal agencies, and other governmental entities in the PLANNING AREA, and all entities providing water and/or wastewater service in the PLANNING AREA for the purpose of coordinating the scope of work and REGIONAL FACILITY PLAN with all existing studies, plans, or activities for the purpose of providing information and obtaining available data forthe development of the REGIONAL FACILITY PLAN 3 4 The CONTRACTOR (S) will coordinate the REGIONAL FACILITY PLAN with the existing plans and policies of the entities listed above, the Texas Natural Resource Conservation Commission (TNRCC), and any other affected entities. 5. The CONTRACTOR (S) will hold coordination meetings with the PARTICIPANTS, consultants, local entities, the TNRCC, the BOARD, and any interested parties at the commencement of the project, at 50% completion, following the STUDY COMPLETION DATE but before the FINAL REPORT - DEADLINE, and when deemed necessary by either the BOARD or the CONTRACTOR (S) to discuss the status of the REGIONAL FACILITY PLAN The CONTRACTOR (S) will solicit input and comments from the affected public on the draft final report and consider such input and comments for incorporation in the final report. ARTICLE III. SCHEDULE, REPORTS, AND OTHER PRODUCTS 1 The CONTRACTOR (S) has until the DEADLINE FOR CONTRACT EXECUTION to execute this Contract and to provide acceptable evidence of REQUIRED INTERLOCAL AGREEMENTS and the CONTRACTOR (S) ability to provide the LOCAL SHARE OF THE TOTAL STUDY COSTS to the EXECUTIVE ADMINISTRATOR for approval or the BOARD'S SHARE OF THE TOTAL STUDY COSTS will be rescinded. 2. The term of this Contract shall begin and the CONTRACTOR (S) shall begin performing its obligations hereunder on the BOARD APPROVAL DATE and shall expire on the FINAL REPORT DEADLINE. Delivery of an acceptable final report prior to the FINAL REPORT DEADLINE shall constitute completion of the terms of this Contract 3. The CONTRACTOR (S) will complete the Scope of Work and will deliver seven (7) double-sided copies of a draft final report to the EXECUTIVE ADMINISTRATOR no later than the STUDY COMPLETION DATE. The draft final report will include the methodology and findings of the study, including alternatives considered, cost estimates, recommended alternatives, an implementation plan and schedule, recommended entities to implement the recommended alternatives, appropriate financing mechanisms, and other pertinent information. After a 30-day review period, the EXECUTIVE ADMINISTRATOR will return review comments to the CONTRACTOR (S). 4 The CONTRACTOR (S) will consider incorporating comments from the EXECUTIVE ADMINISTRATOR and other commentors on the draft final report into a final report. The CONTRACTOR (S) will include a copy of the EXECUTIVE ADMINISTRATOR's comments in the final report. The CONTRACTOR (S) will submit one (1) electronic copy, one (1) unbound camera 4 ready original, and nine (9) bound double-sided copies of the final report to the EXECUTIVE ADMINISTRATOR no later than the FINAL REPORT DEADLINE The CONTRACTOR (S) will submit one (1) electronic copy of any computer programs, maps, or models and an operations manual developed under the terms of this Contract. 5. The CONTRACTOR (S) will submit progress reports with submittal of vouchers according to the VOUCHER SUBMISSION SCHEDULE. Progress reports shall - be in written form and shall include a brief statement of the overall progress made since the last status report; a brief description of any problems that have been encountered during the previous reporting period that will affect the study, delay the timely completion of any portion of this Contract, inhibit the completion of or cause a change in any of the study's products or objectives; and a description of any action the CONTRACTOR (S) plans to take to correct any problems that have been encountered 6. The EXECUTIVE ADMINISTRATOR can extend the COMPLETION DATE and the FINAL REPORT DEADLINE upon written approval. The CONTRACTOR (S) should submit a written request to the EXECUTIVE ADMINISTRATOR at least thirty (30) working days prior to the COMPLETION DATE or thirty (30) days prior to the FINAL REPORT DEADLINE for an extension to the respective dates and explanation of why the deadlines have not been met ARTICLE IV. COMPENSATION AND REIMBURSEMENT 1 The BOARD agrees to compensate and reimburse the CONTRACTOR (S) in a total amount not to exceed the BOARD'S SHARE OF THE TOTAL STUDY COSTS for costs incurred and paid by the CONTRACTOR (S) pursuant to performance of this Contract The CONTRACTOR (S) will contribute local matching funds in sources and amounts defined as the LOCAL SHARE OF THE TOTAL STUDY COSTS. The BOARD shall reimburse the CONTRACTOR (S) for ninety percent (90%) of the BOARD's share of each invoice pending the CONTRACTOR (S)'s performance, completion of a Final Report, and written acceptance of said Final Report by the EXECUTIVE ADMINISTRATOR, at which time the BOARD shall pay the retained ten percent (10%) to the CONTRACTOR (S). 2 The CONTRACTOR (S) shall submit vouchers and documentation for reimbursement billing according to the VOUCHER SUBMISSION SCHEDULE and in accordance with the approved task and expense budgets contained in Exhibit C to this Contract. At the discretion of the EXECUTIVE ADMINISTRATOR and upon written memorandum to the contract file, the CONTRACTOR (S) has budget flexibility within task and expense budget categories to the extent that the resulting change in amount in any one task or 5 expense category does not exceed 35% of the total amount authorized by this Contract for the task or category to be changed Larger deviations shall require a formal contract amendment For all reimbursement billings including any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have provided written approval of REQUIRED INTERLOCAL AGREEMENT (S) and contracts or agreements between the CONTRACTOR (S) and the subcontractor. The CONTRACTOR (S) is fully responsible for paying all charges by subcontractors prior to reimbursement by the BOARD. 3 The CONTRACTOR (5) and its subcontractors shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by the CONTRACTOR (S) and its subcontractors shall be in a manner consistent with generally accepted accounting principles 4. A progress report and the following documentation which documents the TOTAL STUDY COSTS for reimbursement by the BOARD to the CONTRACTOR (S) for the BOARD'S SHARE OF THE TOTAL STUDY COSTS shall be submitted by the CONTRACTOR (S) to the EXECUTIVE ADMINISTRATOR for reimbursement billing: A. Summary of total expenses incurred including the following information- (1) Contractor's Vendor Identification Number; (2) TWDB Contract Number; (3) Total expenses for the billing period; beginning (date) to ending (date); (4) Total In-kind services; (5) Total Services for this period, (6) Less Local Share of the total study costs for the billing period; (7) Total BOARD's share of the total study costs for the billing period; (8) Amount of retainage to be withheld for the billing period; (9) Total costs to be reimbursed by the BOARD for the billing period, and (10) Certification, signed by the CONTRACTOR(S) authorized representative, that the expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this contract. B For direct expenses incurred by the CONTRACTOR(S) for outside consulting services -- copies of invoices to the CONTRACTOR(S) showing the tasks that were performed, the percent and cost of each task completed; a total cost figure for each direct expense category including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction; and the total dollar amount due to the consultant, and 6 C For travel and subsistence expenses, including such expenses for subcontractors -- (1) names, dates, work locations, time periods at work locations, itemization of subsistence expenses of each employee, limited, however, to travel expenses authorized for state employees by the General Appropriations Act, Tex Law Regular Session, 1997, Art. IX, Sec. 13 through 21, at IX-54 or as amended or superseded; (2) other transportation costs -- copies of invoices covering tickets for transportation or, if not available, names, dates, and points of travel of individuals; and (3) all other reimbursable expenses -- invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred ARTICLE V. OWNERSHIP, PUBLICATION, AND SUBCONTRACTING 1 The BOARD shall have unlimited rights to technical or other data resulting directly from the performance of services under this Contract. It is agreed that all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract and developed by the CONTRACTOR(S) or its subcontractors pursuant to this Contract shall become the joint property of the CONTRACTOR(S) and the BOARD. These materials shall not be copyrighted or patented by the CONTRACTOR (S) or by any consultants involved in this Contract unless the EXECUTIVE ADMINISTRATOR approves in writing the right to establish copyright or patent; provided, however, that copyrighting or patenting by the CONTRACTOR (S) or its subcontractors will in no way limit the BOARD's access to or right to request and receive or distribute data and information obtained or developed pursuant to this Contract. Any material subject to a BOARD copyright and produced by the CONTRACTOR (S) or BOARD pursuant to this Contract may be printed by the CONTRACTOR (S) or the BOARD at their own cost and distributed by either at their discretion. The CONTRACTOR (S) may otherwise utilize such material provided under this Contract as it deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name, provided that any BOARD copyright is appropriately noted on the printed materials. 2. The CONTRACTOR (S) agrees to acknowledge the BOARD in any news releases or other publications relating to the work performed under this Contract 3 No work herein called for by the CONTRACTOR (S) shall be reimbursed for expenses by the BOARD to the CONTRACTOR (S) without prior written approval 7 by the EXECUTIVE ADMINISTRATOR of the contract or agreement between the CONTRACTOR (S) and its subcontractor Each subcontract or agreement shall include a detailed budget estimate with specific cost details for each task or specific item of work to be performed by the subcontractor and for each category of reimbursable expenses. The subcontracts shall conform to the terms of the Contract and include provisions that require subcontractor compliance with BOARD rules. The CONTRACTOR (S) must also adhere to all requirements in state law pertaining to the procurement of professional services. ARTICLE VI. AMENDMENT, TERMINATION, AND STOP ORDERS 1 This Contract may be altered or amended by mutual written consent or terminated by the EXECUTIVE ADMINISTRATOR at any time by written notice to the CONTRACTOR (S). Upon receipt of such termination notice, the CONTRACTOR (S) shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The CONTRACTOR (5) shall submit a statement showing in detail the work performed under this Contract to the date of termination. The BOARD shall then pay the CONTRACTOR (S) promptly that proportion of the prescribed fee, which applies to the work, actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all work accomplished under this Contract shall be delivered to the BOARD. 2. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to the CONTRACTOR (S) at any time. Upon receipt of such order, the CONTRACTOR (S) shall discontinue all work under this Contract and cancel all orders pursuant to this Contract, unless the order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order within 60 days after receipt by the CONTRACTOR (S) of the Stop Work Order, the CONTRACTOR (S) shall regard this Contract terminated in accordance with the foregoing provisions. ARTICLE VII. NO DEBT AGAINST THE STATE 1 This Contract and Agreement shall not be construed as creating any debt by or on behalf of the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the availability of funds To the extent the performance of this Contract transcends the biennium in which this Contract is entered into, this Contract is specifically contingent upon the continued authority of the BOARD and appropriations therefor. 8 ARTICLE VIII. LICENSES, PERMIT, AND INSURANCE 1 For the purpose of this Contract. the CONTRACTOR (S) will be considered an independent contractor and therefore solely responsible for liability resulting from negligent acts or omissions The CONTRACTOR (S) shall obtain all necessary insurance, in the judgement of the CONTRACTOR (5), to protect themselves, the BOARD, and employees and officials of the BOARD from liability arising out of this Contract. The CONTRACTOR (S) shall indemnify and hold the BOARD and the State of Texas harmless, to the extent the CONTRACTOR (5) may do so in accordance with state law, from any and all loses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the CONTRACTOR (S), arising out of the activities under this Contract. 2 The CONTRACTOR (S) shall be solely and entirely responsible for procuring all appropriate licenses and permits, which may be required by any competent authority for the CONTRACTOR (S) to perform the subject, work. ARTICLE IX.SEVERANCE PROVISION 1 Should any one or more provisions of this Contract be held to be null, void, voidable, or for any reason whatsoever, of no force and effect, such provision(s) shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract which shall remain of full force and effect. ARTICLE X. CORRESPONDENCE All correspondence between the parties shall be made to the following addresses: For the BOARD' For the CONTRACTOR(S): Mr. Craig D. Pedersen Mr. Gregory W. Dickens, P.E. Executive Administrator Public Works Director Texas Water Development Board City of North Richland Hills P O Box 13231, Capitol Station 7301 N.E. Loop 820 Austin, Texas 78711-3231 North Richland Hills, Texas 76180 Attention' Research and Planning Fund Grants Management Division 9 EXHIBIT A ORIGINAL GRANT APPLICATION A EXHIBIT B SCOPE OF WORK B 27. A detailed scope of work for proposed planning. (Not to exceed 6 pages.) The City of Nonh Richland Hills in cooperation vnm the clues of Richland Hills, Haltom City, and Fort Worth for the Big Fossil Relief Sewer Planning Study proposes the following scope of work Task 1 Obtain and review available existing sanitarysewer data (drawings and specifications) for COFW Big Fossil'gn Sewer and TCWSC Big Fossil Sewer Task 2. Conauct preliminary easement ownership research Provide services of a right-of-way consultant Task 3 Prepare parcel map for the lower section of the COFW Big Fossil Sewer and the TCWSC Big Fossil Sewer. Provide surveying services. Task 4 Determine if any additional right-of-way is required for the TCWSC Big Fossil Sewer. Task 5 Determine capacity requirements in gallons per minute for the proposed relief sanitary sewer utilizing data from the Fort Worth Wet Weather Program and available Sanitary Sewer Evaluation Studies that were recently completed by the cities of North Richland Hills, Haltom City and Richland Hills. Determine required sanitary sewer sizes (diameter). Tasks Identify three cost effective alternative routes for the proposed relief sewer. Task 7 Determine easement requirements for each alternative route for the proposed relief sanitary sewer Task 8 Develop evaluation matrix to select the optimum route for the proposed relief sanitary sewer The matrix will include the following criteria •capital cost •additional easement regured •impact on participating communities •desion considerations (creek ana road crossings, topography) -construction impacts •sanuary sewer maintenance requirements B-1 Task 9 Prepare study report documenting Tasks 1 through 8 Report will recommend proposed relief sanitary sewer sizes and route(s) Provice services of a technical editor Task 10: Conduct two project workshops for quality control, discussion of project issues, and consensus on proposed relief sanitary sewer. Conduct monthly progress meetings with the applicants Task 11 Provice word processing suppon Task 12: Manage the progress of the project, including schedule, budoet and coordination with the Texas Water Development Boara. B-2 EXHIBIT C TASK AND EXPENSE CATEGORY BUDGET TASK BUDGET TASK DESCRIPTION AMOUNT Task 1 Task 2 $690.00 9,880.00 Task 3 10,580.00 Task 4 1,900.00 Task 5 - 4,060.00 Task 6 2,760.00 Task 7 2,760.00 Task 8 4,880.00 Task 9 11,760 00 Task 10 5,000.00 Task 11 810.00 Task 12 4,870.00 Total $59,950.00 EXPENSE BUDGET CATEGORY TOTAL SUBCONTRACT AMOUNT A Salaries and Wages' $12,204 00 B Fringe' 4,515 00 C Travel 50.00 D. Surveying 6,00000 E. Subcontract 15,000.00 F. Employee Mileage 100.00 G communications (phone, fax, mail, delivery) 100 00 H Reproduction 250.00 I Overhead° 15,621.00 1 J Profit 6,110 00 Total $59,950 00 $15,000 00 ' Salaries and Wages is defined as the cost of salaries of engineers,draftsmen,stenographers surveymen,clerks, laborers,etc for time directly chargeable to this contract Fringe is defined as the cost of social security contributions,unemployment,excise,and payroll taxes,employment compensation insurance,retirement benefits,medical and insurance benefits,sick leave vacation,and holiday pay applicable thereto 'Other Expenses is defined to include expendable supplies,communications reproduction postage,and costs of public meetings directly chargeable to this CONTRACT C-1 'Overhead is aegned as the costs incurred in maintaining a place of business and performing professional services similar to those specified in this contract These costs shall include the following indirect salaries,including that pamon of the salary of pnncipals and executives that is allocable to general supervision, Indirect salary fringe benefits Accounting and legal services related to normal management and business operations. Travel costs incurred in the normal course of overall administration of the business Equipment rental, Depreciation of furniture,fixtures,equipment and vehicles. Dues,subscriptions, and fees associated with trade,business,technical and professional organizations. Other insurance,Rent and utilities and Repairs and maintenance of furniture,fixtures,and equipment C-2 TEXAS WATER DEVELOPMENT BOARD RESEARCH AND PLANNING FUND Is © '? L Tr., APPLICATION CHECKLIST -=B u . 1999 ' •I El3nfl! v rrri G GENERAL INFORMATION n�� `` 1. Legal name of applicant(s). City of North Richland Hills, Texas City of Fort Worth, Texas City of Richland Hills, Texas City of Haltom City, Texas 2. Participating political subdivision(s). Same as above. 3. Authority of law under which the applicant was created. All four of the applicants are municipalities operating under the authority of the laws of the State of Texas. 4. Applicant's official representative, name, title, mailing address, phone number, fax number and if available, e-mail address and vendor I.D. number. Gregory W. Dickens, P E. Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Telephone number: (817) 581-5521 Fax number: (817) 656-7538 E-mail: www nrhpwadm(G�airmail net 5. Citations of applicant's legal authority to plan, develop, and operate a regional facility for the planning area or if authority to plan is by interlocal agreement, attach agreement to application. The cities of Richland Hills, Haltom City and North Richland Hills discharge their wastewater into the City of Fort Worth's sanitary sewer collection system. A-1 rwdi appocation The City of Fort Worth has the legal authority to plan, develop, and operate a regional wastewater treatment facility for the planning area. The regional treatment facility is the 144 MGD Village Creek Wastewater Treatment Plan (WWTP), which currently serves all of the project applicants and more than 18 other municipalities that are wholesale customers of the City of Fort Worth, Texas. The City of Fort Worth is designated as a joint system operator in the North Central Texas Council of Government's Water Quality Management Plan. 6. Is this application in response to a Request for Proposals published in the Texas Register? Yes 7. If yes to No. 6, list document number and date of publication of the Texas Register. TRD#9900027 January 15, 1999 8. Type of proposed planning. Regional Wastewater Facility Planning 9. Total proposed planning cost. $60.000 10. Applicant cash contribution to the study. Applicant's contribution is $30,000 aggregate total from all four applicants 11. List source of cash contribution, explanation of source of local cash contribution. The source of cash contributions from each of the four applicants will be from operating revenues of each of the municipalities' wastewater utility funds 12. Applicant in-kind contribution including a description of in-kind services to be provided. Not applicable. A-2 wdb application 13. Total grant funds requested from the Texas Water Development Board. $30,000 14. Detailed description of why proposed planning is needed. (Not to exceed 1 page.) Each of the four applicants have experienced wet-weather overflows from their sanitary sewer systems. These sanitary sewer overflows (SSOs) have recurred with sufficient frequency to result in the issuance of Administrative Orders (AO's) from the United States Environmental Protection Agency (EPA) Region 6 for field studies, evaluations of the collection system, and ultimately the correction/elimination of these SSOs. All four applicants have completed their sanitary sewer evaluation studies (SSES). All studies confirmed that a parallel relief sewer is required for each of the four municipalities. Preliminary planning conferences have been held which identified the mutual benefit of a joint project involving the City of North Richland Hills, City of Richland Hills, City of Haltom City, and City of Fort Worth in extending, replacing, and/or renovating the Big Fossil Creek Sewer System. At the present time there are two parallel sanitary sewer lines in the Big Fossil Creek Sewer System that were constructed in the 1950s. These lines will need to be rehabilitated and have capacity increased with a potential parallel sanitary sewer line Alternately, a single relief interceptor may be cost-effective when compared to rehabilitation and capacity increases by parallel facilities. 15. Detailed description of why state funding assistance is needed. (Not to exceed 1 page.) All four communities are faced with significant funding requirements to rehabilitate the collection systems that are internal to each cities' facilities. The main outfall sewers that convey sanitary flow from portions of each of the four systems to the Village Creek outfall sewer system is an area for which the ownership and operation and maintenance responsibility is unclear. Accordingly, no funds have been planned for studying or replacing this aging system In order to avoid excessive cost burdens that none of the four participating municipalities are willing to undertake individually, the assistance from the Texas Water Development Board (TWDB) is requested. • A-3 Mee apy¢anon 16. Identify potential sources and amounts of funding available for implementation of viable solutions resulting from proposed planning. It is probable that the four municipalities will select a single, lead agency to fund the project through Texas Water Development Board loans under the State Revolving Fund (SRF) Loan system if a viable solution is determined. Increased revenues required to fund this project will be generated by each system on a fairly proportioned basis.--A rate increase would be passed by the governing authorities, if necessary, to assure funding of the viable solution. II. PLANNING INFORMATION 17. Describe the geographical planning area (specify river basins, counties, cities, districts, etc. and provide explanation for selecting planning boundaries). (Not to exceed 1 page.) The geographical planning area includes the Fossil Creek Basin of the Trinity River which begins near the confluence of the Trinity River and Fossil Creek and extends to the upper end of the drainage basin through Fossil Creek and Whites Branch. See attached map. 18. A map of proposed planning area. See attached map. 19. Average per-capita income of proposed planning area. 522.000 20. Current population of proposed planning area. 171,572 21. Current unemployment rate of proposed planning area. 3.20 percent 22. Current population density of proposed planning area in persons/acre. 4.62 persons per acre A-4 iwdb.pphc mn 23. Average population growth rate in proposed planning area for the past 10 years. 2.11 percent 24. List date(s) and description(s) of most recent water supply and/or wastewater facility planning in proposed planning area. City of North Richland Hills—"Final Water and Wastewater Impact Fee Update Report", July 1997 City of Haltom City—"Summary of Impact Fee Effort pertaining to City of Fort Worth (Pass-through 1996 Impact Fees for City of Haltom City), January 1997 City of Richland Hills—Wastewater Master Plan completed in 1983 and Impact Fee Analysis completed in 1995 City of Fort Worth— "Water and Wastewater System Master Plan," June 1989 25. List of political subdivisions, as defined earlier, in proposed planning area. Political subdivisions in the Big Fossil Creek Drainage Basin are the City of Fort Worth, City of Richland Hills, City of Haltom City, City of North Richland Hills, City of Blue Mound, City of Saginaw, City of Watauga, and Tarrant County. 26. Percentage of political subdivisions in proposed planning area that are participating. 92.45 percent 27. A detailed scope of work for proposed planning. (Not to exceed 6 pages.) The City of North Richland Hills in cooperation with the cities of Richland Hills, Haltom City, and Fort Worth for the Big Fossil Relief Sewer Planning Study proposes the following scope of work Task 1. Obtain and review available existing sanitary sewer design data (drawings and specifications) for COFW Big Fossil Sewer and TCWSC Big Fossil Sewer A-5 bMh dpplcfbon Task 2: Conduct preliminary easement ownership research. Provide services of a right-of-way consultant. Task 3: Prepare parcel map for the lower section of the COFW Big Fossil Sewer and the TCWSC Big Fossil Sewer. Provide surveying services. Task 4: Determine if any additional right-of-way is required for the TCWSC Big Fossil Sewer. Task 5: Determine capacity requirements in gallons per minute for the proposed relief sanitary sewer utilizing data from the Fort Worth Wet Weather Program and available Sanitary Sewer Evaluation Studies that were recently completed by the cities of North Richland Hills, Haltom City and Richland Hills. Determine required sanitary sewer sizes (diameter). Task 6: Identify three cost effective alternative routes for the proposed relief sewer. Task 7: Determine easement requirements for each alternative route for the proposed relief sanitary sewer. Task 8- Develop evaluation matrix to select the optimum route for the proposed relief sanitary sewer. The matrix will include the following criteria: -capital cost -additional easement required -impact on participating communities -design considerations (creek and road crossings, topography) -construction impacts sanitary sewer maintenance requirements Task 9: Prepare study report documenting Tasks 1 through 8. Report will recommend proposed relief sanitary sewer sizes and route(s). Provide services of a technical editor. Task 10: Conduct two project workshops for quality control, discussion of project issues, and consensus on proposed relief sanitary sewer. Conduct monthly progress meetings with the applicants. Task 11: Provide word processing support. A-6 lwdb apphcanan Task 12: Manage the progress of the protect, including schedule, budget and coordination with the Texas Water Development Board. 28. A task budget for detailed scope of work by task. Please see Table 1. 29. An expense budget for detailed scope of work by expense category. Please see Table 1. 30. A time schedule for completing detailed scope of work by task. TIME FROM AUTHORIZATION TO EVENT PROCEED Complete Tasks 1 through 4 and Conduct Project Workshop No. 1 4 Weeks Complete Tasks 5 through 8 and Conduct Project Workshop No. 2 8 Weeks Submit Draft Report to TWDB for Review 9 Weeks Complete Task 9 and Submit Final Report to TWDB 12 Weeks TOTAL PROJECT TIME 90 Days A-7 ,vdb application TABLE 1 BIG FOSSIL RELIEF SEWER PLANNING STUDY TASK AND EXPENSE BUDGET TASK BUDGET Task Total Budget 1 $ 690 2 9,880 3 10,580 4 5 1,900 6 4,060 7 2,760 8 2.760 9 4,880 10 11,760 11 5,000 12 810 Total 4.870 $59,950 EXPENSE BUDGET Category Total Bud et Salaries: 9 Subcontractor Engineering Consultant $ 12,204 Right-of-Way Consultant & Technical Editor 15,000 Surveying 15.000 6,000 Employee Mileage 100 Travel 50 Telecommunications (phone, fax) 50 Postage (mail, delivery) 50 Reproduction 250 Fringe 4,515 Overhead 15,621 Profit 6,111 TOTAL $ 59,950 $15,000 A-8 M'db.ppbG Son 31. Method of monitoring study progress. Monthly progress meetings will be scheduled to take place in the City of North Richland Hills City Hall, which is the lead City and is a convenient, central location to all four cities that are involved in the planning process. 32. Qualifications and direct experience of proposed project staff. This project will be administered under the direction of Mr.+Gregory Dickens, P.E. who has extensive experience in administering and coordinating multi-million dollar wastewater collection system and planning and development projects of this magnitude. III. EXISTING SYSTEM INFORMATION If proposed planning includes regional water supply planning, include the following information for each entity participating in this study: Items 33 through 39 as listed in the Texas Water Development Board • 'Application Checklist" are not applicable to this project. If proposed planning includes regional wastewater planning, include the following information for each entity participating in this study: 40. Number of permit violations in past 12 months for fecal conform, D.O. or nutrients, metals/organics, and other. There have been no permit violations at the Village Creek Wastewater Treatment Plant (WVVTP). EPA alleges each sanitary sewer overflow (SSO) in the applicants or participating cities collection systems are permit violations and must only be reported. 41. Number of enforcement actions in past 12 months. EPA has previously issued Administrative Orders (AO's) as an enforcement action to all four of the participating cities in this planning effort. Additionally, the EPA has also issued AO's to the cities of North Richland Hills, Richland Hills, and Haltom City requiring these cities to correct/eliminate their SSO's within 5 years, 3 years and 5 years, respectively. 42. Percent of facility capacity used at present. The Fossil Creek Sanitary Sewer System has adequate capacity for dry weather flows, however, at the present time adequate peak wet weather capacity is not provided This lack of capacity for wet weather events has A-9 MHb eppiunon resulted in the issuance of AO's by the EPA to each of the four municipalities. 43. Classification of receiving stream as water quality limited, effluent limited, or unclassified. The classification of the receiving stream is water quality limited. 44. Identify present nonpoint source pollution as low, moderate, or high. Nonpoint source pollution is moderate. 45. Percent of proposed planning area using on-site treatment systems. On site treatment systems do not constitute more than 5 percent of the planning area. Each of the four municipalities in the area provides wastewater collection, conveyance and treatment via the Village Creek Wastewater System for the vast majority of their customers. 46. Number of violations/failures of on-site treatment systems within past 12 months. Not applicable. 47. Current average monthly wastewater bill in the planning area for 10,000 gallons. $23.66 48. Number of years until new facilities are needed. These wastewater collection facilities are needed immediately and will be required by EPA Administrative Order to be installed within three years. IV. WRITTEN ASSURANCES Written assurances of the following items: Proposed planning does not duplicate existing projects. This project will be planned concurrently with the collection system evaluation projects currently underway by the City of North Richland Hills , City of Richland Hills, City of Haltom City, and City of Fort Worth, as part of each of their EPA Administrative Order processes. A-10 Mdb application Implementation of viable solutions identified through the proposed planning will be diligently pursued and identification of potential sources of funding for implementation of viable solutions. EPA Region 6 will include in their AO's as part of enforcement, a schedule to remedy wet weather SSOs in the Fossil Creek Drainage Basin. Failure to pursue solutions to the SSOs will result in further enforcement activities by the EPA. If proposed planning includes regional wastewater planning, the proposal will conform to the approved state water quality management plan or that an amendment to the water quality management plan which will bring the proposed planning into compliance with the water quality plan is being processed for the proposed planning area. The City of Fort Worth monitors compliance of its wastewater collection and treatment facilities for its residents and the residents of each of the other three participating municipalities as well as more than 18 additional municipalities in the Village Creek Wastewater system service area. The three participating municipalities are customers of the Fort Worth Village Creek Wastewater Treatment System in the North Central Texas Council of Government's Water Quality Management Plan. If a grant is awarded, written evidence that local matching funds and in-kind services are available for the proposed planning must be provided when the contract is executed. Local matching funds will be available for this effort on receipt of a proposed contract with the TWDB. These funds can be committed by the Utility Directors and City Managers of each of the respective cities. if necessary, City Council resolutions can be enacted, if required by the TWDB. An approved water conservation plan has been implemented in the proposed planning area or will be developed as part of the overall planning project. The cities of North Richland Hills, Haltom City, Richland Hills, and Fort Worth all have water conservation plans in place A-11 Mdb application V. PROOF OF NOTIFICATION Proof of Notification Applicants must notify all political subdivisions (see cover page for definition) in the planning area by certified mail that an application for planning grant assistance is being filed with the Texas Water Development Board. Prior to Texas Water Development Board action on an application, the applicant must provide one copy of the notice mailed to the affected political subdivisions a list of political subdivisions to which notices were sent, and the date the notice was sent. The Board may not act on an application before the end of the 30 day notice period unless all political subdivisions to which notice was required to be sent agree in writing to waive the notice period. The notification shall include the following. Name and address of applicant and applicant's official representative; Brief description of proposed planning area; Purpose of the proposed planning; Texas Water Development Board Executive administrator's name and address; and Statement that any comments on the proposed planning must be filed with the applicant and the Texas Water Development Board Executive Administrator within 30 days on which the notice was mailed. Attached is a copy of the letter from the City of North Richland Hills to all political subdivisions in the planning area notifying them of the application by the City of North Richland Hills, City of Fort Worth, City of Haltom City, and City of Richland Hills to apply for a TWOS planning grant. The following are the political subdivisions that were sent the before mentioned notice as of February 4, 1999: City of Blue Mound — Ms. Frances Johnson, City Secretary 301 Blue Mound Road, Blue Mound, Texas 76131 City of Saginaw— Mr. Pat Moffatt, City Manager 333 West McLeroy Blvd., P.O. Drawer 79070 Saginaw, TX 76179-0070 A-12 nron appahcenon City of Watauga— Mr. Dale Cheatham, City Manager 7101 Whitley Road, Watauga, Texas 76148 Tarrant County—Ms. Suzanne Henderson, County Clerk 100 East Weatherford, Fort Worth, Texas 76196 VI. RESOLUTION A resolution from the governing body of each applicant and/pr participant: • stating the entity's representative is authorized to apply for a grant from the Texas Water Development Board; • granting authority for the entity to enter into a contract with the Texas Water Development Board; and • stating the intent to commit local matching funds in cash and/or in kind services. Resolutions from the City Managers of each of the applicants are included at the end of this submittal. • A-13 MOD app car on City OF N RT J RICHLAND HILLS Office of the City Manager RESOLUTION I /eP/ cXCur/,r/i,J6tis>;,, , City Manager of the City of North Richland Hills, hereby certify that upon receipt of notice of approval of the grant application from the Texas Water Development Board (TWDB) for funding of the Big Fossil Relief Sewer Planning Study, the City of North Richland Hills will enter into contract with the TWDB and will commit local matching funds, in cash, for up to 50 percent of the approved project costs. The local matching funds of 50 percent for this feasibility study will be shared on an equitable basis between the applicant cities of Fort Worth, Richland Hills, Haltom City, and North Richland Hills. 7i / , (Signatu bf City Manager City anager City of North Richland Hills A-14 PO. Box 820609•North Richland Hills.Texas•76182-0609 7301 Northeast Loop 820.817-581-5504•FAX 817-581-5516 A� r' � J -1"/ r� r rJ J r �r September 30, 1997 Texas Water Development Board 1700 North Congress Avenue P.O. Box 13231 Austin, TX 78711 - 3231 RE: MULTI-JURISDICTIONAL GRANT APPLICATION SANITARY SEWER STUDY Dear Madam or Sir. Haltom City was recently made aware of a potential grant from the Texas Water Development Board (f WDB)for multi-jurisdictional sanitary sewer studies. The grant application process was discussed during a Special-Called Meeting of the Haltom City Council yesterday evening. At that time, the City Council unanimously directed staff to apply for this grant and to appropriate Haltom City's necessary share of funds. It is our understanding that if the grant application is approved, fifty percent (50%) of the funding for this type of sanitary sewer study would be provided by the TWDB and the remaining 50% of funding, in cash, would be shared on an equitable basis between the applicant cities of Fort Worth, Haltom City, North Richland Hills and Richland Hills. Additionally, the City Council will formally adopt a Resolution to this effect upon receipt of notice of approval of the grant application from the TWDB. If I can provide you with any additional information, please do not hesitate to contact me. Sincerely, Bill Eisen City Manager A-15 FORTWORTH January 29, 1999 Texas Water Development Board Regional Planning and Projects 1700 North Congress P.O. Box 13231 Austin, TX 78711-3231 REGIONAL WASTEWATER PLANNING GRANT APPLICATION REQUEST FOR PROPOSALS (TRD#9900027) Gentlemen: The City of North Richland Hills has submitted a joint application for grant funds with the cities of Haltom City, Richland Hills and Fort Worth to perform a multi jurisdictional sanitary sewer study in the Big Fossil Creek Drainage Basin. Upon receipt of notice of approval of the grant application from the Texas Water Development Board for funding the above referenced study, City Council approval will he requested to enter into contract with the TWDB and to commit local matching funds, in cash, for up to 50 percent of the approved project costs, as shared on an equitable basis between the application cities. Sincerely, /, Lee C. Bradley,Jr., P.E. Water Director Ww(III Mt AM IT LII ni ET WDFVUORDIM,r,,,,I c,..,.nphudo.t WATER DEPARTMENT ADMINISTRATION DIVISION THE CITY OF FORT WORnJ * 1000 THROCKMORTON STREET • FORT WORTII, TEXAS 76102 (817) 871-8220 • FAR (817) 871-8195 n ._. _ _. MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 11, 1997 I. CALL TO ORDER Mayor Kelley called the meeting to order at 7:30 p.m. in the Couneil Chambers of the Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas. Councilmembers Present: Pat Watkins, Jim McKnight, Horace Hamilton, Phil Heinzc, and Wayne Erickson. City Staff Present: City Manager James W. Quin, City Secretary Terri Willis and City Attorney Paul Wieneskie. 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation was given by Mayor Pro Tem Watkins. Councilmember McKnight led the Pledge of Allegiance w the United States and Texas flags. COUNCIL-APPOINTED BOARDS • .is time, the City Council considered resignations and appointments to City's board , ommrssions, and committees. MOTION: • otion was made by Councilmember Hamilton . seconded by Mayor Pro ' m Watkins, to appoint Gabriella Bend to Place 3A on the Teen Court • . 'spry Board. Mayor Kelley advised there be. • no objectio - S. Bendslev was duly appointed. 4. PRESENTATI 1 NS ' C 1B1 sa .. COGNITION OF MR. MARK STRUBS City Manager Quin advis • . .t Mr. Mark Struhs, 'ce-President of Dynamo Ltd., was being recognized for • • g 1 of 12 executives selecte. • meet with President Clinton regarding HAFT• • d the President's Fast Track Authorit . Mayor Ke advised that Mr. Struhs was unable to attend the m. ing, and explained that D . o Ltd. was one of the larger exporter_ .n the world of game • des. This same • .any was previously recognized as being named "Exporter of the Y . 1996. A-17 MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 11, 1997 PAGE II s)INah41Y1 'A'lE5 OF OBI en IIEI :M •fY14 S" At • eptember 23, 1997 City Council meeting, the Council adopted - esolution requestin_ .. assistance from the Texas Water Development Board • • I B) to fund EPA mandat, wastewater system improvements. The pro.., • ordinance would authorize the pub. on of the notice of intention to issue c- mates of obligation to fund the project. The • . •ficates of obligation were a co . I .tion of tax and water and sewer revenues. The tax p . •e would be an assuranc • the TWDB that the debt would be covered if water and sewer Hues fail to co the debt. City Attorney Wieneskie read the p . .. . ordinance in full. The ptuposed ordinance caption reads as follows: "AN ORDINANCE DIREr . G PUBLICATION Y OTICE OF INTENTION TO ISSUE COMBINATI Y . AX AND REVENUE CER r • TES OF OBLIGATION: AND ORDAININ . I R MATTERS RELATING TO • BIECT." MOTIO, A motion was made by Councilmember Heinzr, an. condcd by Councilmember Erickson, to adopt the ordinance. The m. - unani- mously . .: . I .'. . . • • • • . • —�� 14. DISCUSSION OF BIG FOSSIL RELIEF SEWER PLANNING STUDY City Manager Quin advised that this item was for consideration of participating in the evaluation of the capacity of the Big Fossil Relief Sewer Planning Study with the cities of Fort Worth, Haltom City and North Richland Hills. Mr. Quin advised that Mr. Frank Crumb with the City of Fort Worth Water Department, and Mr. Greg Dickens, Director of Public Works for the City of North Richland Hills, were both in attendance. Mr. Quin explained that the cost to the City of Richland Hills for participating in the study was in the amount of$7,500, and the other one-half of the City's portion would be covered by a $60,000 grant from the Texas Water Development Board to fund one-half of the entire cost of the study in the total amount of $120,000. Public Works Director John Cherry recommended the City participate in the study. This would allow for the City of Fort-Worth to own and maintain the Big Fossil sewer main constructed through Richland Hills. A-18 MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 11, 1997 PAGE 12 14. DISCUSSION OF BIG FOSSIL RELIEF SEWER PLANNING STUDY (contd.} MOTION: A motion was made by Mayor Pro Tern Watkins, and seconded by Councilmember Heinze, to approve participation in the Big Fossil Relief Sewer Planning Study in the amount of$7,500. The motion unanimously carried. l• ' . • ._ -- ..CS fl n.LPAS cr a.o.o11W Manager Quin advised that this item was for consideration of scheduling a • op for ..y, December 11, 1997 at 7:00 pm to review the water sy- . revenue require ts study completed by the engineering firm of Caner and B :ess, Inc. This study was . •.roved by the City Council in August of this year. . study was needed in order to de • e the rate increase needed to fund $200,000 ' capital improvements in next year's bu. . t. MOTION: A mod. was made by Counc • • r Heinze, and seconded by Councilrne r Hamilton, to sc •ule a workshop for 7:00 p.m. on Thursday, De • -.bcr 11, 199 to review the water system revenue requirements stud . The . • •on unanimously tamed. 16. REMOVAL OF CONSENT A• t A S There were no items rem. • from the Consent nda for individual consideration. 17. CONSENTA •. ' tA • City Ma . _ r Quin reviewed the Consent Agenda as follows: • App... al of the Minutes of the October 28, 1997 Regular City Court• Meeting OTION: A motion was made by Councilmember Heinze, and seconded b• ayor Pm Tem Watkins, to approve the Consent Agenda as presented. e motion unanimously carried. A-19 MINUTES OF THE RICHLAND HILLS CITY COUNCIL REGULAR MEETING NOVEMBER 11, 1997 PAGE 14 8: ' in order to enter into Executive Session. 19. EXECU v SSION Mayor Kelley conven- the City Council into Executiv -..ion in the Council Conference Room at 9:00 p. A. Consideration of Entering Executiv- ession in Accord with Chapter 551, Section 551.072, of the Texas • ent Code to Deliberate the Purchase, Exchange, Lease or Value of R . • ny; Particularly, Acquisition of Property for the Proposed Animal Sh . Mayor Kelley adjourned the • ecutive Session at 9:25 .. B. Consideratio . Final Action, Decision, or Vote on a .tter Deliberated in Executiv on in Accord with Chapter 551, Section 55 . of the Texas Govt. •nt Code. Mayo elley reconvened the City Council into Regular Session in the Council . - s at • . 6 p m.,and advised that no action was necrccary on the item discussed in Executiv• •essl u 20. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 9:27 p.m. APPROVED: G .- C. F. KELL Y, MAYOR ATTEST: I WILLIS, CITY ECRETARY A-20 AL g I I- LIW� I _ ' ■ I_r O S V ill 1 I l • e3 \\ �, � I r 3 \mod �I • —� / ! 1 '—� Cog I / I , :it: g Id- a mss . _ �— 3 o ° 'o • 0 cc m I t t RA OGRWS ()Eft(ON GREEK.I ��LG OEA R-.GREEK • • • W A T AUGA • SAGINAW , • BLUE NORTH LUE RICHLAND MOUND - - HELLS 7 • • FORT WORTH • HALTOM CITY • RICHLAND HELLS - car. aa-ns• - - i...vncem. ..0 ctr, LINE: