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HomeMy WebLinkAboutCC 2006-04-10 Agendas "'~ . . . . CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, APRIL 10, 2006 6:10 P.M. A.O Discuss Items from Regular City Council Meeting B.1 IR 2006-041 - Discussion on 35W Coalition Committee (20 Minutes) B.2 IR 2006-044 Police Department Initiatives under Consideration (10 minutes) B.3 IR 2006-043 Update on No-Insurance Towing Policy (5 minutes) C.o Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 Texas Government Code on April 7, 2006 at 9:30 a.m. -OáW~~~ City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. ; . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, APRIL 10,2006 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the fuII City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the folIowing locations and schedule: o Library on the Friday prior to the meeting (available electronically) o City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- . A.O A. 1 A.2 A.3 Call to Order - Mayor Oscar Trevino Invocation - Councilwoman Compton Pledge - Councilwoman Compton Special Presentation(s) and Recognition(s) Proclamation - Child Abuse Prevention Month A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 Removal of Item(s) from Consent Agenda . . 8.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of March 27, 2006 City Council Meeting B.2 RP 2006-01 Consideration of a Request from Adams Engineering on behalf of Richland Retail, LP to Approve the Replat of Lot 2, Block 5, Brentwood Estates Addition to Lots 2R, 2R-1, 2R-2 & 2R-3, Block 5 Brentwood Estates Addition (Located in the 8700 Block of North Tarrant Parkway - 10.04 acres). B.3 PAY 2006-003 Approve Final Payment to McClendon Construction Co., Inc. in the amount of $31,224.44 for the Rufe Snow Drive (Glenview Drive to Karen Drive) Project B.4 GN 2006-024 Approve Easement for Underground Electric Service and Transformer to TXU at NRH20 - Resolution No. 2006-023 . C.O PUBLIC HEARINGS C.1 PZ 2000-38R5 Public Hearing and Consideration of a Request from Lawrence A. Cates and Associates, LLP on behalf of Wachovia Bank to Revise the Approved Wal-Mart Planned Development Site Plan in the 8400 Block of Precinct Line Road (2.8828 acres) Ordinance No. 2875 C.2 LRB 2006-01 Public Hearing and Consideration of a Request from Halbach Dietz Architects for Approval of a Landscape Variance (Located at 6248 Davis Boulevard). C.3 SP 2005-12 Consideration of a Request from Halbach Dietz Architects on behalf of Davis Professional Partners, LLC to Approve a Site Plan for Home Town Medical Office Buildings (Located in the 6200 Block of Davis Boulevard - 1.503 acres). This item does not require a public hearing. C.4 LRB 2006-02 Public Hearing and Consideration of a Request from Rick and Roman Figueroa and James Maddux for Approval of a Landscape Variance (Located at 6609 Precinct Line Road). C.5 GN 2006-025 Public Hearing and Action on the Use of Richfield Park and Northfield Park for Mineral Development . . . . D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing 0.1 RP 2005-09 Consideration of a Request from Wier & Associates on behalf of Frisco Health Investments LP to Approve the Replat of Lots 5, 6, 7, 8 & 9, Block 7, Richfield Addition to Lots 5R & 6R, Block 7, Richfield Addition and approval of a water course maintenance agreement (Located in the 6800 Block of Rufe Snow - 10.032 acres). 0.2 SP 2005-11 Consideration of a Request from Wier & Associates on behalf of Frisco Health Investments LP to Approve a Site Plan for North Richland Hills Nursing Center (Located in the 6800 Block of Rufe Snow - 4.147 acres). E.O PUBLIC WORKS No items for this category. F.O GENERAL ITEMS F.1 Information and Reports Report from City Attorney in response to March 27, 2006 Citizen's Presentation F.2 Information and Reports Report from City Attorney Regarding Legal Clarification of TXU Settlement Agreement F.3 Information and Reports - Councilman Whitson Announcements and Kudos Korner F.4 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 7, 2006 at 9:30 a.m. @~~~ City Secretary . . . This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2006-041 Date: April 10, 2006 Subject: Discussion on 35W Coalition Committee Last month (March), City staff attended a meeting of the 35W Coalition. The 35W Coalition is a group of concerned citizens, business and land owners, developers and local and state officials who are focused on two areas. - · To significantly improve traffic flow along 1-35W from Meacham Boulevard to SH 114 including special emphasis on the eastlwest corridor along Loop 820, and; · To foster quality development and adopt development guidelines along the 35W north corridor. This group is very motivated and organized in support of this cause. Although they need funds to help meet their goals, they are not asking any government entity to pay to join. They recognize that laws may prevent some of them from contributing public . funds. The 35W Coalition is fully funded from the private sector. We believe the 35W Coalition is positive for the Loop 820 project, which is a priority of the City. We will also continue to attend the meetings and keep Council informed of any pertinent information. The next meeting of the 35W Coalition is June 14, 2006 at the Coca-Cola Bottling Co., 3400 Fossil Creek Boulevard, Fort Worth. No action is being requested from Council on this item. We simply wanted to inform Council about the 35W Coalition group as their efforts coincide with those of our City with respect to addressing transportation and facilitating economic development efforts along Loop 820. A representative from the 35W Coalition will be at the Work Session to provide an overview about the group and to answer questions. Respectfully submitted, Mike Curtis, P. E. Public Works Director ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS -- . . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2006-044 Date: April 10, 2006 Subject: Police Department I nitiatives under Consideration The Police Department is in the process of finalizing several new initiatives for Council consideration in future council meetings. We wanted to take this opportunity to let the Council know about two of these items and solicit your input on their implementation: Graffiti ordinance Graffiti is a problem for most metropolitan cities and North Richland Hills is no exception. Graffiti is used for a variety of purposes including communications among groups, marking territory, intimidation and destruction of property. Much of the graffiti is done by Utaggers" who are individuals that use the property of others as the ucanvas" to display their handiwork. Regardless of the reason, graffiti is damaging to property and can have a cumulative effect of reducing property values and increasing the likelihood of further criminal activity. It is critical to first reduce the application of the graffiti then to quickly remove any that has been done. Currently the City of North Rich/and Hills has no specific ordinance addressing graffiti or the instruments used to make the graffiti. Texas state law (Penal Code 28.08) makes it an offense to uknowingly make markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner without the effective consent of the owner..." However, this law focuses on action after the graffiti has already been done. We are proposing a city ordinance that will allow the Police Department to take enforcement action on the graffiti as well as the possession of the instruments used to create the graffiti. In addition, this proposed ordinance would place the responsibility on the property owner to remove the graffiti in a timely manner. This rapid removal is critical to reducing the spread of the graffiti and helps create a sense of responsibility and ownership by the community. It also removes one of the key reasons that the graffiti was likely done which is to draw attention to the message contained in the graffiti. The City understands that the removal of the graffiti may be an economic hardship on some and accordingly this proposal includes a provision that allows the property owner to grant permission to the City to come onto their property and remove the graffiti at the City1s expense. The Police Department has already obtained a grant from our local Wal-Mart to purchase the removal equipment, and it would be operated by a crew from the Public Works Department. The administration of the ordinance would be done between the Police Department, Code Enforcement and Public Works, all of which ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS -- . . . I R 2006-044 Page 2 have vital roles to play in its success. The ordinance would become part of Chapter 50, the "Offenses and Nuisances" section. Abandoned Vehicles Vehicles that become disabled or abandoned on the side of the highway are visibly unattractive and quickly become traffic hazards. For any vehicle not in the lane of traffic, current state law requires the police to place a notice on the vehicle and wait a time period before removing it. During 2005, the Police Department towed 104 vehicles from Loop 820 that had become disabled or been abandoned. Some of these were done immediately due to being in the lane of traffic. However, a significant number of these were left on the side of the road for several days until the statutory time had elapsed. During this interim time, these vehicles sat in their disabled condition on the shoulder of the road, creating a distraction to the passing motorists and a potential sign of neglect to the community. Each day there are news reports of vehicles that have been struck while on the side of the road leading to additional injury and damage further demonstrating the problem. We are proposing the creation of a new city ordinance that would allow a police officer to immediately tow any vehicle left disabled or abandoned on the shoulder of a highway. The majority of these types of situations would occur on Loop 820 but there are portions of Boulevard 26 that it could apply to as well since this is a state Highway and has an improved shoulder. Officers would still be encouraged to use their discretion in towing vehicles using indications such as flashers, warm engine, or note on dashboard to determine the amount of time the vehicle has been abandoned. However, the enactment of this type of ordinance would eliminate the mandatory 48-hour restriction and allow the officer to remove the vehicle at an appropriate time and under the best circumstances for the officer's safety. This would have no effect on those vehicles that are in the lane of traffic or otherwise blocking a roadway as those can be removed immediately. In addition, vehicles left abandoned on a residential street would still be subject to the waiting period. I look forward to discussing these matters with Council and will appreciate your input. Respectfully Submitted, Jimmy Perdue Chief of Police . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2006-043 Date: April 10, 2006 Subject: Update on No-I nsurance Towing Policy It is the policy of the North Richland Hills Police Department to conduct traffic enforcement that will provide the maximum protection to all individuals who use the roadways. As part of this strategy, the North Richland Hills Police Department's goal is to ensure that all vehicles are operated with the insurance coverage required by law. North Richland Hills Police Officers are authorized to take enforcement action when encountering individuals who fail to maintain the required coverage. Officers may ticket the drivers, and if the officer has probable cause to believe that the driver does not have insurance, the officer may tow the vehicle. The North Richland Hills Police have been exercising this policy since late December 2005. The following statistics are for the 1st quarter of 2006 (January, February, & March): Citations issued for Failed to Provide Proof of Insurance 800 Citations dismissed for showing Proof of Insurance 440 Vehicles towed for no Insurance - January 23 Vehicles towed for no Insurance - February 17 Vehicles towed for no Insurance - March 28 Total Vehicles Towed 1 st quarter of 2006 68 This report is only a status update of this initiative. No action is required. Respectfully Submitted, Jimmy Perdue Chief of Police - ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS -- . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-10-2006 Agenda No. A.O Subject: Call to Order - Mayor Oscar Trevino . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Compton Council Meeting Date: 4-10-2006 Agenda No. A.1 Subject: Invocation - Councilwoman Compton . CITY OF NORTH RICHLAND HILLS Department City Secretary Presented by: Councilwoman Compton Council Meeting Date: 4-10-2006 Agenda No. A.2 Subject: Pledge - Councilwoman Compton . . r CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilwoman Johnson Co unci I M eeti ng Date: 4-1 0- 2006 Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) Proclamation - Child Abuse Prevention Month Ms. Bolu Odeluski, a representative from S.A.V.E. , Student and Volunteer Efforts, a child prevention organization staffed by Child Protective Services, will be present to receive the proclamation. . . . aTY oy :){(/RT!J{ 1U~1J j{Iil.S P 1t 0 C L.7t:M. J\ TIO:N )1l.;J{rn:f...."\S. .234d~3 ~·~.Porr> of ,~¿;\t>4? ~~¡,{ ncg{c, t WI? t'~ re}'()r-t~d {n Tltxas in :r'.:l20(';.'); QJ'Ld' )v:,}{XRXM, .18,.')22 c,{J.~·es (~r c:núá ,w¡.tle ard neg[ec.L 1'..'ert:: {'C)""!f~r,.ned i.'~'~ 'l~..'(as in .11)200;; t11td" WJ{X~XJ\S, 8J6jU C-iA.seJ vI í.'/ÜlJ. 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'R i c Ii r...'111..d.- .1ltC[s tube r,f:.ll r·x fi d r h f.$ t ¡·t e 1 G '" an y e:.r & ~~ ...----- (lrcar '1'rev ino, :.Mayor . . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-10-2006 Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. . . . CITY OF NORTH RICHLAND HILLS Department: I nformation Services Presented by: Council Meeting Date: 4-10-2006 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-10-2006 Agenda No. B.O Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 4-10-2006 Agenda No. B.1 Subject: Approval of Minutes of March 27, 2006 City Council Meeting Recom mendation: To approve the minutes of the March 27, 2006 City Council meeting. e e e MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST lOOP 820- MARCH 27,2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of March, 2006 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Kare n Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Thomas Powell JoAnn stout Jimmy Perdue Kyle Spooner Andy Jones Richard Abernethy Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager Man agin 9 Director Adm in istrative/Fiscal Services City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Director of Support Services Director of Neighborhood Services Police Chief Director of I nformation Services Fire Chief Assistant to the City Manager Mayor Trevi no called the wo rk session to order at 6:00 p. m. A.O Discuss Items from Reqular City Council Meetinq There were no items discussed. e e e Mr. Richard Torres introduced the Cit~ts new Economic Director, Thad Chambers. B. 1 I R 2006-034 Disc uss Exte ns io nand Mod ificati 0 n of Settl e me nt Aa ree m e nt with TXU Electric Delivery Ms. Karen Bostic, Managing Director, gave a synopsis of the history of the Steering Committee and the settlement agreement with TXU Electric Delivery. M r. Geoffrey Gay, from the law firm of Lloyd Gosselink and attorney for the 109 member city Steering Committee, discussed his background, his work with the committee and his credentials. Mr. Gay explained to Council some of the key issues in the agreement and why the steering committee recommended approval of the modified settlement agreement. Mr. Gay advised he had been the rate attorney for the committee since its inception in 1989 and that the matter before Council was initiated on his advice in 2003. Mr. Gay advised he encouraged the Steering Committee Executive Committee to consider that the rates for street lighting and water pumping were too high and that TXU was probably over earning. Mr. Gay explained that since January 2002, TXU has consisted of three different entities - a generation company, which is making money, a retail electric provider that deals with the consumer, and the wires company, which is the only piece that remains regulated. Mr. Gay explained the Council has some authority over the wires company, but has no authority over the retail electric provider or the generation company. The only thing at issue is the transmission and distribution assets. Mr. Gay explained that the media reports on TXU stock and the money they are making includes the generation company, retail electric provider and the wires company combined,. Most of the profit is coming from the generation side, which Council has no authority over. Mr. Gay explained that Council has authority over the rates that are related to the non by-passable wires portions. In 2003 the cities began considering this factor and the steering Committee made a recommendation in 2004 for cities to proceed passing resolutions to show cause why rates should not be reduced at city council levels. TXU decided to discuss a resolution of the show cause matter. Mr. Gay advised he let it be known to TXU that of primary importance to the cities was the fact that they were being overcharged for street lighting and water pumping. A resolution was agreed to which the cities agreed to in the April 2005 settlement. The settlement said TXU would fund the steering Committee $8 million annually until the Public Utility Commission can decide a rate case. TXU was to file a statewide rate case by June 2006. The $8 million dollars was to compensate the steering Committee member cities for excessive charges related to street lighting and water pumping rates. When TXU began putting together their rate case, they asked if the settlement for the continuation of the payments of the cities could be extended. M r. Gay advised that a settlement was subsequently reached that he felt far exceeds the value that the cities or consumers could reasonable hope to expect in any litigated contest before the Public Utility Commission. Mr. Gay commented that much of the settlement contains provisions that would never be recognized in the Public Utility Regulatory Commission or courts of law as being valid basis for cities obtaining certain compensation or refunds. Even if the e regulatory commission were to rule that the rates were excessive there would be no guarantee that the residential customers would benefit from the reduced rates. The majority of residential customers are on price to beat and their rates are fixed. Mr. Gay advised that he was able to get TXU to commit to $18 million that will be distributed to the 109 cities and the cities will determine how the money can be used to benefit their citizens. In response to questions from Council, Mr. Gay advised that the Steering Committee had developed a spreadsheet allocating the dollars back to the cities. Every city will receive a 25% rebate of their street lighting cost as calculated in 2004 and a pro rata portion of an additional $2 million associated with water pumping rates. The cities will receive their portion of the first $9 million approximately two weeks after all cities have committed to the agreement and the second $9 million will be distributed in January 2007. The city councils of each city will determine how the $18 million will best benefit their citizens. North Richla nd H ills will receive approximately $192,000 in the first payment and it will include the 25% rebate on the street lighting and money for the water pumping plus an escalator to the franchise fee factor. Mr. Gay was asked to define tariff. e Ms. Bostic advised that staff would be presenting the item at the regular meeting and Mr. Gay would not be at the regular meeting should Council have any further questions that needed Mr. Gay's expertise. Council took formal action on the item during the regular council meeting. B.2 IR 2006-035 Discussion of PU 2006-006 reaardina the hirina of Lawrence & Associates for the Animal Shelter Capital Campaian Proiect Ms. JoAnn Stout, Director of Neighborhood Services, advised that requests for proposals had been sent out, a committee reviewed the proposals, and the committee was recommending the hiring of the firm of Lawrence & Associates. Ms. stout introduced Mr. Bill Lawrence who presented a PowerPoint presentation. Mr. Lawrence presented to the Council his firm's plans for how the capital campaign will be conducted, the timeframe of the campaign and public communications. B.3 IR 2006-036 Presentation on the CodeRED Emeraencv Notification Svstem Mr. Richard Abernethy, Assistant to the City Manager, demonstrated to the Council how the CodeRED emergency notification system would work. The system will notify residents by telephone of emergency type situations using pre-recorded messages. The messages can be delivered to the entire city or to targeted areas within the city at a rate of up to 60,000 calls per hour. The primary use of the system will be to notify citizens of severe weather, threats related to terrorism, HAZMA T emergencies, extended utility outages, drinking water contamination, and major/significant water or sewer breaks affecting several neighborhoods or areas of the City for an extended period of time. The system can also be used to communicate quickly with emergency e e e e personnel. A management policy has been created to govern the system and ensure the proper use of the system. The citizens will be notified of the system in the April utility bill newsletter, the website and a press release. The system will be fully operational by April 7. Councilman Whitson suggested that consideration be given to using the system for Amber Alerts, especially if the children are in Northeast Tarrant County. C.O Adiournment Mayor Trevino announced at 6:46 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.O. CALL TO ORDER Mayor Trevino called the meeting to order March 27, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Ti m Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik David Whitson Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Councilwoman Cox gave the invocation. e e e A.2 PLEDGE OF ALLEGIANCE Cub Scouts from Pack 122, Den 4 led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION - SAM PACK FIVE STAR FORD DAY Councilman Lewis presented a proclamation to Mr. Tony Pack, Five Star Ford, recognizing Sam Pack Five Star Ford for receiving Ford Motor Company's 2006 Salute to Dealers Award. SPECIAL PRESENTATION(S) AND RECOGNITION(S) - CLEAN CAMPUS AWARDS Ms. Doris Tipps, Keep North Richland Hills Beautiful Commission Member, Councilwoman Bielik and Councilwoman Compton recognized the following schools who were recipients of the 2005/2006 Clean Campus Awards: School Alliene Mullendore Eleme ntary Green Valley Elementary North Ridge Elementary Smithfield Middle School Snow Heights Elementary Walker Creek Elementary Principal Carol Emerson Anita Silva Meryl Babcock Jeffrey Russell Carla Beth Horton Marta White SPECIAL PRESENTATION(S) AND RECOGNITION(S) - JUSTIN STAMPS AND CORTLAN D EL Y Chief Perdue and Councilwoman Cox awarded to Mr. Justin Stamps and Mr. Cortland Ely the Certificate of Recognition from the North Richland Hills Police Department for their actions on February 21, 2006. Sergeant Maranto stopped M r. Stam ps and M r. Ely on February 21. While Sgt. Maranto was in the process of writing a citation, his car was struck from behind totaling his car. Sgt. Maranto suffered a concussion and wandered the freeway. Mr. Stamps and Mr. Ely pulled Sgt. Maranto out of the traffic to safety. Mr. Stamps is currently serving in the United States Marine Corps and Mr. Ely will be enlisting next month. Accepting for Justin Stamps were his parents, Scott and Melissa Stamps. Chief Perdue presented Certificate of Recognition to Mr. Cortland Ely. Mr. Ely's parents, Jim and Geneva Ely, and Mr. Ely's uncle were also present. Sgt. Sims and Pvt. Houston of the United States Marine Corps were also present. e SPECIAL PRESENTATION(S) AND RECOGNITION(S) - DUSTIN NELON e B1. B2. B3. B4. e Mr. Nelon was ill and unable to be present. A.4 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle, read from the City Charter, Article XVIII, Section 18, Pools, Ponds and Lakes. Ms. O'Steen advised she did request a permit and received a letter that did not provide a copy of the permit. Ms. O'Steen advised she had submitted another request for a copy of the permit. A.5 REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED APPROVAL OF MINUTES OF FEBRUARY 27,2006 COUNCIL MEETING APPROVAL OF MINUTES OF MARCH 6, 2006 COUNCIL MEETING PU 2006-002 AWARD BID FOR 2007-YEAR MODEL VEHICLE TO JERRY'S GM L TD IN THE AMOUNT OF $28,672 PAY 2006-002 APPROVE FINAL PAYMENT TO MCCLENDON CONSTRUCTION CO., INC. IN THE AMOUNT OF $41,665.67 FOR THE GLENVIEW DRIVE (HONEY LANE TO FLORY STREET) AND FLORY STREET (GLENVIEW DRIVE TO MANOR DRIVE) PROJECT B5. PU 2006-019 AUTHORIZE PURCHASE OF NETWORK BACKUP HARDWARE AND SOFTWARE FROM MTI TECHNOLOGIES IN THE AMOUNT OF $43,696. B6. PU 2006-022 AWARD BID FOR PNUEUMATIC ROLLER TO ROMCO EQUIPMENT IN THE AMOUNT OF $57,114. B7. PU 2006-024 AWARD BID FOR WATER INJECTION SYSTEM FOR IRON HORSE GOLF COURSE TO AUSTIN TURF PRODUCTS IN THE AMOUNT OF $26,485. e e e B8. PU 2006-021 AWARD BID FOR INSTALLATIN FOR AUXILIARY POWER AT THE WESTERN CENTER PUMP STATIOIN TO CABLE ELECTRIC IN THE AMOUNT OF $38,000 MA VOR PRO TEM WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOIVIAN BIEUK SECONDED THE MOTION. MOll0N TO APPROVE CARRIED 7-0. C.O PUBLIC HEARINGS C.1 GN 2006-023 PUBLIC HEARING AND ACTION ON USE OF FOSSIL CREEK PARK AND LINDA SPURLOCK PARK FOR MINERAL DEVELOPMENT Mayor Trevino opened the Public Hearing. Mr. Richard Torres, Assistant City Manager, and Mr. Bo Bass, Assistant City Manager, presented the item and gave a PowerPoint presentation. Mr. Torres explained the purpose of the public hearing was to explain to citizens the city's intent to lease minerals on city owned parks and to allow drilling on only selected public properties and to receive citizen input. state law requires that prior to allowing mineral development on parkland a finding must be determined by the governing body regarding the feasibility of such intended use and whether reasonable planning has been done to minimize potential harm to the land. The law requires that the finding shall be done after a public notice and hearing has been concluded. The recommendation for the award of the bids will be presented at a future council meeting. Mr. Bass gave an overview of the regulatory measures adopted by the Council and those required by the state regarding drilling and production of natural gas. Mineral leasing and potential gas drilling is being considered for Fossil Creek Park and mineral leasing only is being considered for Linda Spurlock Park. An aerial photo of the location of the two parks was presented. Mr. Torres and Mr. Bass addressed questions from the Council on impact to the pond at Linda Spurlock Park, the difference between a mineral lease and gas drilling lease and if Linda Spurlock Park were a mineral lease only, how the minerals would be accessed. Council was advised that there would not be any impact on the pond or to any surface improvements at Linda Spurlock Park. Mayor Trevino asked for public comments on the proposed mineral development of Linda Spurlock Park and Fossil Creek Park. There being no one wishing to speak, Mayor Trevino closed the public hearing. e COUNCILWOMAN JOHNSON MOVED 1HAT 1HE COUNCIL DETERIVINE THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO 1HE PROPOSED USE OF 1HE PARKS AND THE PROJEC1ED IVINERAL USE INCLUDES ALL REASONABLE PLANNING TO MINIIVIZE HARM TO 1HE LAND AS A PARK RESULTING FROM 1HE USE. COUNCILMAN WHITSON SECONDED THE MOTION. MOll0N TO APPROVE CARRIED 7-0. D.O PLANNING & DEVELOPMENT There were no items for this category. E.O PUBLIC WORKS E.1 PW 2006-007 APPROVE ENGINEERING AGREEMENT WITH NEEL-SCHAFFER, INC. IN AMOUNT OF $79,450 FOR THE HOLIDAY LANE/CHAPMAN ROAD/MEADOW ROAD INTERSECTION IMPROVEMENTS e APPROVED Item is to consider an engineering agreement with Neel-Schaffer for construction of traffic signals at the intersections of Holiday Lane/Chapman Road and Meadow Road/Chapman Road. The project was approved by voters in the 2003 Bond Program and will consist of reconstructing the Meadow Road/Chapman Road intersection so that it will accommodate a left and right turn bay for traffic in Meadow Road. A committee reviewed and evaluated the submittals. Neel-Schaffer, Inc. was selected as the best qualified firm for the design of the project. The Scope of Services was broken down into three phases with Phase I consisting of a Feasibility Study to extend Holiday Lane and realign it so that it has a direct connection to Meadow Road. Phase I will look at the right of way requirements and the cost to extend Holiday Lane. After the completion of Phase I, the results of the study will be presented to Council. If Council wants to proceed with the option, Phases II and III would be modified to reflect Council's desires on the alignment. However, because it is anticipated that the rights of ways costs will be more than budgeted, Phases II and III have been included to proceed with the installation of traffic signals at these locations. Phase II consists of the design to widen Meadow Road at Chapman Road, to install the offset intersections and to determine the additional right of way needs at Meadow and Chapman roads. Phase III co nsists of the construction management for the project. e Mr. Mike Curtis, Public Works Director, presented the item and responded to questions from the Council on traffic studies for the road, plans for the widening of Meadow Road, and if the study was feasible, the impact the realignment would have on the surrounding e e e property. Council was advised that there were no immediate plans to widen Meadow Road. The study does not commit Council to the extension of the road, but its purpose is to determine the amount of right of way needed and the cost associated with extending the road. Traffic studies would not be conducted until the time the intersections are signalized. The realignment of Meadow Road would eliminate the offset signalized intersections making it a better intersection. COUNCILMAN WELCH MOVED TO APPROVE PW2006-007~ ENGINEERING CONTRACT WITH NEEL-SCHAFER WI1H PHASES I, II AND III WITH PHASE I COMING BACK TO THE CITY COUNCIL AT 1HE T11VE OF CONPLETION OF 1HE S1UDY. COUNCILWOMAN CONPTON SECONDED 1HE MOT10N. M0T10N TO APPROVE CARRIED 7-0. E.2 PW 2006-008 CONSIDER CHANGING THE NAME OF HEILSCHER DRIVE TO OAK KNOLL DRIVE- ORDINANCE NO. 2874 APPROVED Item is to consider changing the name of Heilscher Drive to Oak Knoll Drive. The street is located in a new phase of Forest Glenn West. staff has received requests from citizens along Oak Knoll for the name change. The streets line up with each other at Smithfield Road and because Oak Knoll is in the older subdivision, it would be appropriate to change Heilscher Drive to Oak Knoll Drive. Heilscher Drive is a new street with no occupied houses and the developer has agreed with the new name. M r. Mike Curtis, Public Work Director, presented the item. M r. Curtis advised that the developer named the street for the Heilscher family. The developer did not have a problem with changing the name to Oak Knoll, but because he had talked with the Heilscher family about naming a street for them, he will be naming another street for the Heilscher family in a future phase of Forest Glen West. COUNCILWOMAN CONPTON MOVED TO APPROVE ORDINANCE No. 2874. MAYOR PRO TEM WELCH SECONDED THE MOll0N. MOll0N TO APPROVE CARRIED 7-0. F.O GENERAL ITEMS F.1 PU 2006-006 APPROVAL OF CONTRACT WITH LAWRENCE & ASSOCIATES FOR THE ANIMAL ADOPTION & RESCUE CENTER (AARC) CAPITAL CAMPAIGN PROJECT APPROVED e e e Nature of item is to approve and award the Capital Campaign project for the Animal Adoption and Rescue Center to Lawrence & Associates. The City Council and citizens were presented with the proposed expansion and renovation of the Center in 2003, which included a capital campaign fund raising element for the expansion/renovation. staff is recommending awarding the project to Lawrence & Associates, who have 16 years of fundraising experience and media relations consulting. The agreement limits Lawrence & Associates professional services not to exceed $70,000. Ms. JoAnn Stout, Director of Neighborhood Services, presented the item and introduced Mr. Bill Lawrence. Mr. Lawrence presented a PowerPoint presentation outlining plans to create the capital campaign. Key points of presentation included setting goals and strategy of capital campaign, form campaign cabinet to lead and conduct an effective campaign, identify prospective donors, refine administrative support system, create and produce informational materials, prepare campaign and related correspondence, parameters of campaign and marketing communications. COUNCILWOMAN JOHNSON MOVED THAT THE CITY HIRE LAWRENCE & ASSOCIATES TO HELP RAISE $1.2 IVILLION DOLLARS FOR A NEW ANIMAL ADOPTION AND A RESCUE CENTER. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOll0N TO APPROVE CARRIED 7-0. F2. PU 2006-023 AUTHORIZE PARTICIPATION IN THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE APPROVED Nature of request is to authorize the City to participate in various contracts available through the U.S. Communities Government Purchasing Alliance. U.S. Communities has agreements for carpet and flooring, electrical supplies, janitorial supplies, office supplies, furniture and maintenance, repair and operating supplies. One agreement the City like to participate in is the agreement for maintenance, repair, and operating supplies through The Home Depot Supply. Discounts will range between 2% to 25°k depending on the category of goods. Mr. Larry Koonce, Finance Director, presented the item. COUNCILWOMAN CONPTON MOVED TO APPROVE PU 2006-023, AUTHORIZING MEMBERSHIP IN THE U.S. COMIVIJNITIES GOVERNMENT PURCHASING ALUANCE AND PARTICIPATION IN THE AGREEMENT WITH THE HOME DEPOT SUPPLY FOR MAINTENANCE, REPAIR AND OPERAllNG SUPPLIES. COUNCILMAN WHITSON SECONDED THE MOTION. MOll0N TO APPROVE CARRIED 7-0. e e e F3. GN 2006-022 CONSIDER EXTENSION AND MODIFICATION OF SETTLEMENT AGREEMENT WITH TXU ELECTRIC DELIVERY- RESOLUTION NO. 2006-018 APPROVED Ms. Karen Bostic, Managing Director, presented the item. Item was also on the Council's work session agenda. During the work session Mr. Geoffrey Gay from the law firm Lloyd Gosselink and attorney for the 1 09-member city coalition explained in detail to Council the background of the agreement and answered Council questions. Ms. Bostic recapped the information presented during the work session. North Richland Hills is a member of the 109-member city collation known as the Steering Committee of Cities Served by TXU. The Steering Committee recommended in 2004 that TXU be forced into a full-scale review of its cost of service. In 2004 twenty steering Committee cities passed resolutions requiring TXU Electric Delivery to show cause why non- bypassable transmission and distribution charges should not be reduced. The Steering Committee and TXU negotiated a settlement agreement and an agreement was reached in February 2005. The City Council approved the settlement agreement at the April 11, 2005 City Council meeting. Part of the terms of the settlement agreement required TXU to file a rate case July 1, 2006. OVer the past several months, TXU approached the Steering Committee and asked to negotiate on possible extension of the original settlement agreement. In January 2006 the Steering Committee approved acceptance of the modified Settlement Agreement. Key items of the Settlement Agreement include that 1) TXU will file a rate review case with the Public Utility Commission in June 2008 with a December 2007 ending test year; 2) TXU will make an $8.0 million annual payment pursuant to the Settlement Agreement reached in 2005 until a final order is entered in the rate case to be filed in June 2008. This is a two year extension of the previous negotiated agreement and the payment reimburses Cities for excessive electricity costs related to street lighting and water pumping rates; 3) TXU will make two payments of $9 million to steering Committee cities to be used for "beneficial public use" by January 2007. The beneficial public use is to be determined by Council; 4) TXU will reimburse to the Steering Committee up to $10,000 per month for affiliate transactions review and up to $40,000 per month for participation at Electric Reliability Council Of Texas (ERCOT) and the Public Utility Commission on market design issues; and 5) The franchise fee factor would be increased by 2% for the first year and 1 % for the following three years for a 50/0 increase to the franchise fee factor over the period of time to 2009. The Steering Committee concluded that delaying a comprehensive rate case until June 2008 and immediately capturing beneficial financial terms was the optimal course of action. Most residential customers are on price to beat (PTB) rates and a rate adjustment will not impact these customers. There is no guarantee that a revenue reduction would be felt by residential customers even if cities were able to reduce TXU's revenues because there are a large number of customer classes that would be competing for this reduction in the rates. The Steering Committee values the benefits of the Settlement Agreement with TXU at approximately $85 million for the period 2005-2009 including franchise fee increases. The estimated total benefit for the City of North Richland Hills during this period is $727,318 (including the franchise fee increases). In order for any cities to receive benefits from this e agreement, all 109 cities must agree to the extension of the agreement. North Richland Hills is the last city to consider the agreement. Councilwoman Bielik questioned various provisions of the settlement agreement. Councilwoman Compton clarified that North Richland Hills was the last city to consider the agreement and that if North Richland Hills does not approve the agreement, the City will not have access to the dollars that is to be given to the cities. Ms. Bostic advised that not only would North Richland Hills not have access, but all 109 cities would not have access to the money that could be used to help the citizens. COUNCILWOMAN JOHNSON MOVED TO PASS GN 2006-022. COUNCILMAN LEWIS SECONDED THE MOll ON. MOll0N TO APPROVE CARRIED 5-2; MA VOR PRO TEM WELCH, COUNCILWOMEN COMPTON AND JOHNSON, COUNCILMEN LEWIS AND WHITSON VOTING FOR AND COUNCILWOMEN Cox AND BIELIK VOllNG AGAINST. F4. INFORMATION AND REPORTS Councilwoman Johnson made the following announcements. e Dan Echols Senior Center is hosting a Health Fair on Friday, April 7, from 8:30 a.m. to 1 p.m. Please join us for free health screenings including blood sugar, vision, hearing and more. For more information, please call 817-281-9267. The first Sounds of Spring Concert featuring Watusi and Brave Combo will be held on Friday, April 7, at Green Valley Park, 7701 Smithfield Road. The concert will begin at 6:30 p.m. Admission is free. Please bring your own lawn chairs and blankets. For more information, call 817-427-6614. On Saturday, April 8, residents can get rid of unwanted bulky items during the annual Spring Community Cleanup. Items can be dropped off between 9 a.m. and noon at the Tarrant County College-Northeast Campus, 828 Harwood Road, in Parking Lot E. For more information, please call 817-427-6650. The City of North Richland Hills will host Easter in the Park on Saturday, April 8, from 10 a.m. to noon at Green Valley Park, 7701 Smithfield Road. The event will include an Easter egg hunt, a visit by the Easter bunny, bounce houses, train rides, a petting zoo and live entertainment. For more information, please call 817-427-6600. e Kudos Ko rner - M ichaell rrizary and Jason Martin, Fire De partment - A card was received from a North Richland Hills resident thanking Michael and Jason for the excellent care they provided to her during an EMS call. She said their quick response and professionalism makes her proud to live in North Richland Hills. e e e F.5. ADJOURNMENT Mayor Trevino adjourned the meeting at 9:03 p.m. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary e e e CITY OF NORTH RICHLAND HILLS Department: Planni ng and Inspections Presented by: John Pitstick Council Meeting Date: 4-10-2006 Agenda No. B.2 Subject: RP 2006-01 Consideration of a Request from Adams Engineering on behalf of Richland Retail, LP to Approve the Replat of Lot 2, Block 5, Brentwood Estates Addition to Lots 2R, 2R-1, 2R-2 & 2R-3, Block 5 Brentwood Estates Addition (Located in the 8700 Block of North Tarrant Parkway - 10.04 acres). Case Summary: The applicant, Adams Engineering on behalf of Richland Retail, L.P. is requesting a replat of Brentwood Estates Addition. The purpose of the replat is to reconfigure the lots for future development. Current Zoning: The site is currently zoned to UC_1JJ Commercial. Thoroughfare Plan: The site is located off the northwest corner of Davis Boulevard and North Tarrant Parkway. North Tarrant Parkway is designated as a P-6- D, Primary Arterial, 6-lane divided with a 200 foot right of way; Davis Boulevard is designated as a P-6-D, Primary Arterial, 6-lane divided with 120 feet of right of way and Shady Grove Road is designated as a C-2-U, 2-lane undivided Collector with 60 feet of right of way. All right of way has been obtained from previous platting of this tract. Access easements are provided between lots to Davis Boulevard, North Tarrant Parkway and Shady Grove Road. Comprehensive Plan: The Comprehensive Plan designates this area for Retail uses. The proposed layout is consistent with the Plan. Staff Review: This replat includes the reconfiguration of lots to encourage the continual development of this property. Previously the larger tract allowed for the development of Chase Bank and the Chili's Restaurant on Davis Boulevard. This reconfiguration will allow for two 2+ acre commercial lots to develop on North Tarrant Parkway. Lot 2R-3 is a ~ acre lot that provides internal access and utility easements. Lot 2R, which is a 5 acre tract, falls to the rear and has direct access to Shady Grove Road. This lot will require future site plan approval because of its adjacency to single family to the north. The Development Review Committee has reviewed the replat and has determined that it complies with both the Zoning and Subdivision Ordinances. Attached is a memo from the Public Works Department stating that this replat is ready for consideration by the Commission. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission, at their meeting on March 16, 2006, recommended approval of RP 2006- 01 by a vote of 6-0. Staff Recommendation: Approval of RP 2006-01. e e e Review Schedule: Application: 1/16/06 Fi nal Hearing: 4/10/06 Total Review Time: 12 weeks e Location Map City of Kell er e - D;:¡:::I-rlll ~~_.{].O rs'~ ~----;i ~ Sl1ady Gro>ie Road >-- ~ &-: ~ :q~:f4\ '- \ -- ~-~ ~<) :: City of ~~ ~ 0 ~ i :-11- 4~~ ~ Colleyville ~ 5¡)::: -- ~ ....L...-,b~-=:J r T 1T1 ...... ~ J..... r7':: /~ ; ~ ~i~J~------ ~ Fr\I , : L N 0.!:!l' fa rrant Par kw.i!L. r t.@82--..S'V 'E-; o:mo ,-s 70- I Js~:~~C'~' ~~\æ ~~-~,;?" I ~ ~\.-.:{-~- 'ðj::::~ ~// J-,- ~~~"_~ >---¡l:,.~~3~3 ~~ : ~~~, _ ,-, ~1J<'/ 7õk~l~ \^"\~~l1l""~ L,-- \ À~~.~~ ~ 7'/ "r r n I~ t: ~~_~ _//1/ _ ~-'r"I'r'- ~ gt¡wJ '-- ~/~ =--::: 111m, HI \ I I .~ ~I~I;",.~/;;/-/----~~~IIII 11\ UP ~!L ~~~~~~~~'~' /;¿;'/ 'ì /-,-,,"7T~mË~iW '~r~ B=:it--" ". ~ì m H . 1~~mßf JI-., I~~/~ Ittf~~'1:j t-- -[1:. I ~ r~ N '\ "4'~ ".f W '\..,-~.... E ~þr \' S NRH RP 2006-01 Replat lots 2R. 2R-1. 2R-2 & 2R-3~ Block 5 Brentvvood Estates Addition Prepa red by Plan n i ng 3/28J06 r-u-u-I Feet o 300600 1 ,200 e e e e Planning and Zoning Commission Meeting Minutes March 16, 2006 8. RP 2006-01 CONSIDERATION OF A REQUEST FROM ADAMS ENGINEERING ON BEHALF OF RICHLAND RETAIL, L.P. TO APPROVE THE REPLAT OF LOTS 2R, 2R-1, 2R-2 & 2R-3, BLOCK 5, BRENTWOOD ESTATES ADDITION (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT PARKWAY -10.04 ACRES). APPROVED John Pitstick presented RP 2006-01. This site is currently zoned C-1 "Commercial". The reason for this replat is to reconfigure the lots for future development. The Comprehensive Plan designates this area for retail and the proposed layout is consistent with the Plan. Public Works has provided a letter stating that this is consistent with the City's Subdivision Regulations. Staff recommends approval. Lance Hoffman, 500 Nolen Drive, Suite 550, Southlake, Texas was present representing the applicant. There were no questions or discussion from the Commission members and the Chairman called for a motion. Brenda Cole, seconded by Scott Wood, motioned to approve RP 2006-01. The motion carried unanimously (6-0). e NRH CITY OF NORTH RICHLAND HILLS MEMO TO: Carolyn Huggins! Planning Coordinator FROM: Caroline Waggoner, Engineer Associate (J) SUBJECT: Brentwood Estates; Block 5, Lots 2R, 2R-1, 2R-2 & 2R-3 Re Plat RP 2006-01 DA TE: March 8, 2006 Public Works has reviewed the Re Plat submitted to this office on March 712006. We recommend placement on the nex1 Planning and Zoning Conlmission meeting agenda. We recommend placement of this item on the appropria1e City Council agenda, following approval by the Planning and Zoning Commission. cc: Gregory Van Nieuwenhuize, P.E·1 Public Works Assistant Director e CL W/pwm2006-055 Page 1 of 1 e e Replat ~~~~,..........-.. ...._\.... :.'~~~ ·~·~\~~::·~:t~~;~~=::' l-~· I,'ubhl; "''loJlh k.;'I.W· . . 'r c"...".-.. ~1¡,. Tl,..;¡"~": r-..r.:1 IÚuII. 1·."\.....\ ~:.;;:.)~. . þ,j UI"I.'"'''''''''' ,..,....'.,.........'"-...,.,~._ t' .....,........,. ",'.' .......... .......'... ...1... -'-, 1."-'- 't..., .,. .--..._.... ............"........_ ..........._........ ... "'... .._......,...........1 "'-' -.. '.,-' .... ~~" .......,.....". "~-, '.:':"',':. :.~.\~:...~-;--.:I~::_:,::.,,;;t.~.:.;"'~'_' ,....... ,Þ~...I.t,'...~..._...... '....___ ',..-I.~. . .'......: ."",lltH.."·...... "1".Y·U.Ir1iII~" ............_....-. .......... ... ~........r......................~.. '..0' I ','-' ' ~. .,'~:~::~.~ ,!\-.' ..',.'" l'I~?~r~_ ...: 1\.. t""U,,, ,. U, h ......... ,.. ....-. .,.". ......~ ....".. ........,... ......... ..... .~ ."'",.... "...... I_ "', __.. ..... ,......,"4.."''' >. .,.. ....,... ,¡ ."... .....1:,... , ....... '. '..... . ~...."..... """ ......f"-II'·u ,....~........ \.. r", ......J 1>... '. e ,~- ,.",-tt· ~~i~~:~~~~:~: .. ~PH~nd S.1.t.r\'ûyin~. I.tlC_ u~.~..... ....."o¡.,_"k..H "... '0...... '-..!H ",".. .',. "l~l_ ,__\...,,-,~ Î -1.¡;-. ~ ;. :.:~:~:"::.::'~~-: ~ _".7... .....::..~ 7'..·;":'I':-;:~;'~'~.·__-:~'::-:'_ "........-..:. ~¡:..::~;:.::~.:. .................._t·_·...... ,,~... ,,_"... :~!.1'~~t~, aapJ.at LA:;':::R I. 2R 2. & lR 3. Blut;!\ 5 Bœntwood Estßtes Addition ,It tod.lhÞn ~·.H '..;: '~. ~(:-«Ih RIt'llal II ~ '~~',*'! C.Iù ('.. :-iU€ ... "'f" NT'" .-.t I .,¡.. ,....10. ~ ,1 II... _..,,11 ;01..... .\.kdo, t>tœr:ir:J.. (:..:u '\, Slid.: ~ .!': ~ ¡.t'tb: P.. R:~·~ .I.':::~~; ·~~···~·¿~::~··:-1 ,,".0""''' "'.'",...1,..... ..... <0; .f~t..t' ...~ ~~J ~~y~~:~~:~ ~,'~:,~,,;."r· ~. .... .~._..,.... ., l.f.......'~.'l...iU~"..,~"" f.l." e e e e CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 4-10-2006 Agenda No. B.3 Subject: PAY 2006-003 Approve Final Payment to McClendon Construction Co., I nc. in the amo unt of $31 ,224.44 for the Rufe Snow Drive (Gle nview Drive to Karen Drive) Project Rufe Snow Drive (Glenview Drive to Karen Drive) is a Capital Improvement Project from the 2003 Bond Program. The project consisted of the reconstruction of the street with new concrete pavement, sidewalks, crosswalks, street lights, storm drain, and utility improvements. The project was awarded by Council on February 23, 2004, PW2004-005, for a total of $1,693,910.05 to McClendon Construction Co, Inc. Final payment will make the contractor's total earnings $1,561,222.09 which is $132,687.96 under the contract amount. The majority of the cost savings ($90,483.60) are attributable to reductions in the quantity of street lighting fixtures that were originally proposed on this project. Additional cost savings are attributable to modifications of the design resulting from field conditions and unused miscellaneous funds. The project is now complete with all final adjustments having been made. Recommendation: To approve final payment in the amount of $31,224.44 to McClendon Construction Co., Inc. e ...... " Excerpt from 200412005 Capital Projects Budget. ~~~~() "' :po o :Ia c:a.es- RD :O~~ 8~2-0-·) e æ;l"e^,_~E S D \'t ÐÐ'l\I'"1fIA.KESrGR 'f, ..... O~ ...-.----- :T~~~~ , ~ ~~~ ~ ~ ~ ~ ...--"" ~,..""~~ .I>~ø·r:-" ~ ~ ~ 'x~::/r;::j (~~. ~.A ~ \J'\ ~ I I :t"~ ~X~~~- ~~ ~\.~?- ~ t,1<.",crO'lI'ROOE-r;T- ~d( '\.. ~~ ~ ~ "\ <:> '- ~ J~ r~RSlOrð tloJo::E- SIDE -OR ~ ~ ..... 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G..,;1\.t c~ '5 L ~ \ 1 il' 1ª ~^R~~ b I ~ c~ J. f~[J SOO ~~ 8 ~ ....., ll' ~" ~ , C:.ì'- :f;- ~1'crORIA -~.... ~ ~ HAR~iOWSQN -RD e / fo.:..../../. ct-n1<-æ-~ .- / t¡¡."/ ../" SCIII:1· - 1000' I 0:: Q I ~ (ñ ~ LL ::J a::: T: rut. .now at 1m p, gl8nvlew tc karan I.pt AND 10 R .rtl DICK liE -~.,~' I GI~~(-I.:EWIS-[)R------'-'-'·' 1 ~ ì L -------- -------:: Rufe Snow Dr. Street Improvements (GlønviBw Dr. to Karen Dr.) (PU3lD- e'.CCESS RMtl) IN"-~ t; ~. l:ARJE." ~ " !' ¡ ï"JUN - J ~ ~ Co) , r' j, ~ £t. g < (!) Ir '<1 Z ~ J-~RH~-ll r----c ~ ~~~ ,I I gt! I ~ { ~ GAraJl:-CT ~tA.R't: 'n~ -L~- @ (!.f ~ QMHI-D-LN ~ ~ ~ ) SHA~^-DR'ElI:P- R Iv~t~~t~1 1 ~ J ~ "? ~ ~. 1 ~ 1 \ ~ ~ 'S\ \ /...../-..~~.OA.y-UI ::;Ð ~ o.!¡tf:' ~"CTÐRI"'-A\"E-¡; Î' t='~ ~~ />'p<iI' cm.o'-SI.E-CR-; I _/ ~ BRILEY DR ffi:lf·Y- DR- s 9'i,4,I,INA- æ 9-RI'.'læA- OR g r£ Cl:.IVER- DR N GECRSI4,-A~'£ p- ~ < ffi ~. ~-DR~1-f9 ~ ~ LU~-~("',~ ~s·- fT"AI-DR-~R ~~ '>,' : ~ i: <<:t: l l ~ ~-~ »\ I,' j§ ~ / ~ ~ ../ CLENVIEW RR ~ Gl:ì'NVIEW ÐR ~ -t- "'Ð~-s¥.\ I ~r Q ~ I ~ ,/ R·,u f e S now D r ./ S t r e e t ~ ~ 1.········/···/ I'iñp~r~ rri e nets ~~.t~c~~J~i/ Dr. K.a r e n~<b r. ) ~ G'~ ~ ~..// N.RTH RICHLAND HILLS DII: C ~ o Ot-.h'X -OR - N'Z-Q'" Cl)Q Jo\NWE-51 w- ~ Dlpartment af InfDrmatlon Servlc.. - O...gr.phlc Informltlan SYltlml (0 IS I CITY OF NORTH RICHLAND HILLS e Department: Parks and Recreation Presented by: Vickie Lottice Council Meeting Date: 4-10-2006 Agenda No. 8.4 Subject: GN 2006-024 Approve Easement for Underground Electric Service and Transformer to TXU at NRH20 - Resolution No. 2006-023 As a part of the ongoing construction of the Catering Kitchen and Groups Pavilion Project expansion at NRH20, a new transformer and associated additional electric service is required by TXU. In order to provide this extra service, TXU will require an easement for their electric service and transformer pad. The proposed service is located along the western edge of the existing parking lot betv\leen the TXU transmission tower easement and the new Catering Building area. The proposed easement will not conflict with any existing or future park use, and allows for the future expansion of the parking lot in accordance with the approved Strategic Master Plan for the park. The attached resolution grants TXU a ten foot wide electric service easement as required for providing power to the new building. e Recommendation: To approve Resolution No. 2006-023. e ~RH RESOLUTION NO. 2006-023 WHEREAS, the City Council desires to authorize the City Manager to execute an easement for electric service to TXU: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: Section 1: That the City Manager of the City of North Richland Hills is authorized to execute an easement for a 10-foot wide electric service easement described in Exhibit A hereto, to TXU, over public park property as described therein. PASSED AND APPROVED THIS 10TH OF APRIL, 2006. CITY OF NORTH RICHLAND HILLS By: e Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George staples, City Attorney APPROVED AS TO CONTENT: Vickie Lottice, Director of Parks and Recreation e e e e District: Fort Worth WR#: 2133514 ER#: EASEMENT AND RIGHT OF WAY TH E STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That CITY OF NORTH RICH lAND HillS, hereinafter called IIGrantor," whether one or more, for and in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration to Grantor in hand paid by TXU ELECTRIC DELIVERY COMPANY, a Texas Corporation, located at 1601 Bryan st., Dallas, Texas, 75201, hereinafter referred to as IIGrantee'" has granted, sold and conveyed and by these presents does grant, sell and convey unto said Grantee, their successors and assigns, an easement and right-of-way for underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, transformer, conduits, and all necessary or desirable appurtenances under, through, and upon Grantor's land described as follows: SEE EXHIBITS "A" AND "B" ATTACHED Grantor recognizes that the general course of said lines, or the metes and bounds as above described, is based on preliminary surveys only, and Grantor hereby agrees that the easement and right-of way and its general dimensions hereby granted shall apply to the actual location of said lines when constructed. Together with the right of ingress and egress along and upon said easement and right-of-way and over and across Grantor's adjoining properties for the purpose of and with the right to construct, mai ntai n, operate, repair, remove, replace, reconstruct, abandon in place, and to change the size and capacity of said facilities; the right to relocate said facilities in the same relative direction of said facilities within the easement area; the right to prevent excavation within the easement area; the right to prevent construction of, within the easement area, any and all buildings, structures or other obstructions which, in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of said facilities and their appurtenances, and the right to trim or remove trees or shrubbery within, but not limited to, said easement area, including by use of herbicides or other similar chemicals approved by the U. S. Environmental Protection Agency, to the extent in the sole judgment of Grantee, as may be necessary to prevent possible interference with the operation of said facilities or to remove possible hazard thereto, provided, however, Grantor shall e e e have the right to construct paved parking over the easement area, however, Grantee will not be responsible for any damage to the paved parking over the easement area. Grantor shall not make changes in grade, elevation or contour of the land or impound water within the easement area as described above without prior written consent of Grantee. Grantor reserves the right to use the land within the above described easement area for purposes not inconsistent with Grantee's use of such property, provided such use shall not, in the sole judgment of the Grantee, interfere with the exercise by the Grantee of the rights hereby granted. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said Grantee, its successors and assigns, until all of said electric lines and facilities shall be abandoned, and in that event said easement and right-of-way shall cease and all rights herein granted shall terminate and revert to Grantor or Grantors heirs, successors or assigns; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns, and legal representatives, to warrant and forever defend the above described easement and right-ot-way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereot. EXECUTED this day of , 2006. CITY OF NORTH RICHLAND HILLS Name: Larry J. Cunningham Title: City Mana~er e e e STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Larry J. Cunningham, as the City Manager of the City of North Richland Hills, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and he is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A. D. 2006. day of Notary Public in and for the State of Texas After recording, return to: TXU Electric Delivery Land Records, Suite 0725J/0006 P.O. Box 970 Ft. Worth, Texas 76101-0970 e EXHtBIT A 1 0' ELECTRIC EASEMENT FOR A CALLED 1 6. 71 ACRE TRACT OF LAND IN THE CITY OF NORTH RICHLAND HillS, T.~RRANT COUNTY, TEXAS, RECORDED BY DEED IN VOLUME 10980. PAGE 328 OF THE DEED RECORDS OF TARRANt COUNTY, TEXAS BEING a 1.596 square foct portion of a called 16.71 acre tract of ìand in the City of North Richlond Hills. Tarrant County. Texas, recorded by deed in Volume 10980. Page 328 of the Deed Records of Tarrant County, Texas ·3nd being more porticularly described by tnetes and bounds as follows: BEGINNING at 0 point in the north line of said called 16.71 acre ttoctJ said point bearing N 8733'43'· v·¡ a distance of 974.57 feet from a found concrete TESCO Monument at the northeast corner of said called 16.71 acre trac:: e THENCE S 48·40 ~56" E (J distance of 35.07 feet to a point for 0 corner; THENCE S 02ï 5'02-' W a distance of 123.08 feet to (] point fo'" 0 corner; THENCE N 8733·43" W 0 distance of 10.00 feet to 0 point for 0 comer; :HENCE N 02-15'02" [ a distance of 118.29 feet to a point for 0 corner: THENCE N 48·40'56'· W a distonce of 42.71 feet to 0 point in the north fine of said called 16.71 acre lro:t, for 0 corner; THENCE S Bï·33~43" E. with said north line. u distance of 15.93 feet to the Point of Beginning and containing 1,596 square feet of land more or less. "/ ; .1_ \ , # ~~, '" ~;.y\.~\.. j e II' t;: l" (~ t.. e e 587-33) 43"E FOUND CONCRE:TE 15..93' P.C.B. I,~- TESCO MONUMENT~ _. ~~ ~. ~ ....s' _N 87'33'43" ~974.57' (BASE BEARING) . ~..) __ Ýc.9.~' 'Il'Ó'. - OHE --~ --~~ ~~~~~.~ -'-I~~'1'Q' U.E.,·VOl. 10-:717 - If,-" ~,. f' PG. 1956, D.R. T.C. T. '- ð ~ --fp. ~~~;';::~1::;¿%~~ " ~ .'";, /I'~' //'::/,/:,'//1 --~ __ _ ~.>. ~~~~r:'/'~~~// - - 7 - " ;~¿:"%:LÞ/ , : , 8ASIS OF BE.À.RINGS - CITY or I I NORTH RICHLAND HILLS STATE --- ~ I , ~ --'\\ ~ I I ,; ~ I \ì o;.~ J II š .~t' :L-;-J -;"y\ I I~ 11/ . r ~ I.,,/I/l-~- _> ,.~. ¿,~: 4u ==-20· I -, //) .._//',,,0 I' , /~flC)' - ~ r---=------=---- //// //' /"r'" II: ~ "'/\'1('; ----.....,---= ../// / _" _.a._..' ~.. ~._ ---...~,.".... - / l N8T33' 43"W /1 :::XHIBIT 8 10.00' 10' LLECTf<JC E^SEt~ENT FOR A CALLlD '16.71 ACRE TRJt\CT OF LAND IN THE CITY OF NORTH RICHLANO HiLLS. TARRANT COUNTY, TEXÞ,St RECORDED BY DEED IN VOLUME 10980, PAGE 328 OF THE DEED RECORDS OF lARRANT COUNTYt TEXAS -ì-·O{_a I~-= r~1 ( II ,I ./ I \~~ l/·~:. ' 1~~... .; . - e e e Department: City Secretary Presented by: Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Co unci I M eeti ng Date: 4-1 0-2006 Agenda No. C.O - e e CITY OF NORTH RICHLAND HILLS Department: Planni ng and Inspections Presented by: John Pitstick Council Meeting Date: 4-10-2006 Agenda No. C.1 Subject: PZ 2000-38R5 Public Hearing and Consideration of a Request from Lawrence A. Cates and Associates, LLP on behalf of Wachovia Bank to Revise the Approved Wal- Mart Planned Development Site Plan in the 8400 Block of Precinct Line Road (2.8828 acres) Ordinance No. 2875 REQUEST: Public hearing to consider a request to revise the approved Wal-Mart Development Plan. One of the conditions of the approved Wal-Mart Planned Development (ref. PZ 2000-38) requires that any subsequent development of the site shall be approved as separate amendments to the approved Plan. PROPOSED USE: A 4,030 square ft. bank building (including drive-thru) is to be located on the northwest corner of Precinct Line Road and North Tarrant Parkway, Lot 3, Block 1, Wal-Mart Addition. LOCATION: 8400 block of Precinct Line Road EXISTING ZONING: "PD" Planned Development for all "C-1" Commercial uses and various other uses i. e. auto service, gasoline station ... etc. associated with the Wal-Mart Super Center. COMPREHENSIVE PLAN: The Comprehensive Plan notes retail uses for the area bounded by Davis Boulevard, Precinct Line Road and North Tarrant Parkway. The proposed use is consistent with the Plan and with the approved Wal-Mart Planned Development. SURROUNDING ZONING / LANDUSE: North:"PD" Planned Development I Retail strip center East: City of Colleyvillel retail strip center South: "C-1" Commercial zoned vacant tract West: "PD" Planned Development I parking lot and gas station for Wal-Mart PLAT STATUS: The site is platted as Lot 3, Block 1 Wal-M art Additio n EXISTING USE/SITE ATTRIBUTES: The site is currently vacant. SITE DESIGN FEATURES: Although the proposed building design, architecture, use of materials and color is not necessarily of similar design with the adjacent Wal-Mart building or retail strip center, staff feels that the proposed building is complementary and consistent with quality design. The following features are noted on the site plan. Building Design and Materials: Aluminum, glass and brick single story arch roof design with a parapet wall; e e e OVerall building height is 22' (max. height permitted is 38'). Total 4,030 square feet in size including 5 drive thru lanes; An acceptable amount of EFIS and stucco (less than 150/0) and cast stone are shown for details; Building is oriented eastward toward Precinct Line Road; The immediate corner property at Precinct Line and North Tarrant Parkway will be left vacant; A trash dumpster is not included on this site. The applicant has stated that the bank shreds all papers and will contract for special trash service. Access and Parking: No direct access to or from this site to Davis Boulevard or North Tarrant Parkway is proposed; Access to the site is provided off of Wal-Marfs access road to Precinct Line Road; Proposed parking exceeds the minimum required by the Zoning Ordinance; Customers utilizing the drive-thru bank will enter and exit from the west. Landscaping and Screening: The site does not have residential adjacency therefore no perimeter screening is required; A 15 feet landscape setback is required along Precinct Line Road that fronts this site. The applicant's proposed landscaping in this setback and in the parking lot is consistent with the requirements of the Landscape Ordinance. The Landscape Plan shows additional landscaping in the form of street trees and parking lot screening around the entire building. In addition, the applicant is proposing to leave the large open space area off the corner of North Tarrant Parkway and Precinct Line Road. There is no proposed building or parking in this area. If this area is used for future development a new site plan would have to be approved. There is an existing line of old trees. Staff is requesting that the developer remove any dead trees in this area. Signage and Lighting: The building elevations show two wall signs for the proposed building facing north and west. A monument sign is located along Precinct Line Road. All of these signs are consistent with current Sign ordinance regulations. The site plan indicates directional and identification signs over the drive thru lanes also. No parking lot lighting has been indicated on the site plan. PlanninQ & ZoninQ Commission Recommendation: The Planning & Zoning Commission met on Thursday, March 16 and voted 6-0 to approve PZ 2000-38R5 with the stipulation that the vacant area be irrigated and maintained and that a notation be added to the site plan that any dead trees must be removed. These changes have been made to the final site plan. Staff Recommendation: Approval of PZ 2000-38R5 Review Schedule: Application: 1/30/06 vweks Final Hearing: 4/10/06 Total Review Time: 10 e Planning - Location Map City of Keller / ,.1'- .....c - ;:~</./ -Ll....i.. .."':-/ ,.... ..I .' I ..... ./ Ü /~~/ m\ li~,~,r il= /~~û .~ ....Ll··,········· ...~: '...........,.-.....' .",,/ Q..' . ..." /1 --U"..,L- "=IL' ,,1'- I." fl,'·/L _- North Tarrant Parkway ,--J j ~ ./ ,/-¡ ---¡ /.- ê.//,/LJ I í-h~""" V:~// IfC -ïT ,i"·~61IIII-1f~~~-:.:: -- ." "'·-·'·../~Yf [- -- - /'/<" Yf City of Colleyville r e N ,I~ W ~þ<~~-- E ~.~ {' S NRH PZ 2000-38 R 5 Wachovia Bank NW Comer of North Tarrant Parkway & Precinct Line Road Prepared by Planning 3/28/06 ~Feet o 250 500 1 DOO e e Planning and Zoning Commission Meeting Minutes March 16, 2006 10. PZ 2000-38 R5 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LAWRENCE A. CATES AND ASSOCIATES, LLP TO APPROVE A "PD PLANNED DEVELOPMENT" SITE PLAN FOR WACHOVlA BANK (LOCATED IN THE 8400 BLOCK OF PRECINCT LINE RD. - 2.8828 ACRES). APPROVED e John Pitstick presented PZ 2000-38 R5. This is the fifth revision to the original PD for the Wal-mart tract. This revision involves Lot 3 on the corner of Precinct Line Road and North Tarrant Parkway. The applicant is proposing a 4,000 sq. ft. Wachovia Bank facility. The proposed building is complimentary to that of Wal-mart and consistent with the quality of design for the area. It will be an aluminum glass and brick single story arched roof design. The building is oriented eastward towards Precinct Line Road. The immediate corner on Precinct Line Road and North Tarrant Parkway will be left vacant. A trash dumpster is not included on the site plan. The applicant has stated that the bank shreds all of its papers and uses an independent trash service for that. There is no direct access from this site from Davis Boulevard or North Tarrant Parkway. The applicant will be using the existing access points. The applicant is proposing two wall signs and one monument sign. Chairman Davis opened the public hearing and asked the applicant to come forward. Bryan Burger, 14800 Quaram Drive, Dallas, Texas \^/as present representing the applicant. Mr. Wood asked how long the one-acre corner area will remain vacant. M r. Burger responded that it will remain vacant as long as Wachovia stays there. The property is deed restricted to only have one building constructed on that lot. It was worthwhile for Wachovia to have this site so they have went ahead and purchased 2-~ acres and are willing to leave 1-acre vacant. Mr. Wood asked how Wachovia was going to maintain the vacant portion of the land. Will it be irrigated? Mr. Burger stated that it will remain as it is with no irrigation. Mr. Wood stressed that this property is located on a main corner and needs to be irrigated. Mr. Sapp agreed. Mr. Burger agreed to irrigate the vacant area. Chairman Davis explained to M r. Burger that there is a requirement by the City franchise agreement that trash must be hauled off by the City franchise holder. He stated that the applicant is allowed to shred documents and contract that out, but any other trash would need to be hauled off by the City franchise holder. e e e e The Chairman also noted that there are comments on the site plan about some dead trees that need to be removed. The Chairman then closed the public hearing and called for a motion. Scott Wood, seconded by Brenda Cole, motioned to approve PZ 2000-38 R5 with the stipulation that the vacant area be irrigated and maintained, and that a notation be added to the site plan that any dead trees must be removed. The motion was carried unanimously (6-0). e NOTICE OF PUBLIC HEARING CITY OF NORTH RICH LAND HILLS CITY COUNCIL CASE #: PZ 2000-38 R5 8400 Block of Precinct Line Rd. Lot 3, Block 1 Wal-Mart Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from Lawrence A. Cates and Associates, LLP on behalf of Wachovia Bank to revise the approved Wal-Mart Planned Development Site Plan (ref. PZ 2000-38). The applicant is proposing to develop a e 4,030 square foot office building on the above lot. Public HearinQ Schedule: Location: CITY COUNCil MONDAY, APRil 10, 2006 7:00 P.M. CITY COUNCil CHAMBERS 7301 N. E. lOOP 820 NORTH RICHlAND HillS, TEXAS Public Hearing Dates: Time: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817)427-6303 e e e e Site Plan ~-- , , I \ I ' t \ I I I I ' ! ~ I ~~ w /8.,-~,_ L_ I~-~-!-' ----:r.~.-:-/ \; \. '- ~. (~. ". \ ~, I - , ~~~ ,\ r .. "'~·l..l'-····: ''''1\.''-''~''''~'-~'.. . ~ 'V'_.~:;'-~:~:::~::~~~~i~"o "~~""'~':,·,,~~:··,,·''''''''---~-~c1 \.\N 291 , ~ ;;~ -::?:>,:'::..:.:- - - - 9~~ C~f' ~..:- J.~ ,,-- j 1---, I '. 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S..«11IR)lIR.'SÞ 111:1.'- IIX " - ~"'.:':~':~.....".¡. .ú~ ::~::-;...~ ...~- P. ~ ... _'''' 0·"1 -"~",,, u.-" ¡..~:':n..::R:{ ,~ Erl'\'.\tl( "" I·U-16~1)) . 1 :: .Jm. ..AJ..O eNRH ORDINANCE NO. 2875 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHlAND HillS, TEXAS, BY AMENDING THE PLANNED DEVELOPMENT SITE PLAN ON CERTAIN PROPERTY IN THE CITY; PROVIDING A SEVERABiliTY CLAUSE; PROVIDING FOR SAVINGS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of property located in the 8400 Block of Precinct Line Road, containing approximately 2.883 acres of land, has filed an application to amend the existing "PO" Planned Development site plan on said property; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, e WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, and all other laws dealing with notice, publication and procedural requirements for the rezoning of the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance is hereby amended by adopting the amended uPD" site plan for a portion of that property containing approximately 2.883 acres of land, located in the 8400 Block of Precinct Line Road, being Lot 3, Block 1, Wal-Mart Addition, City of North Richland Hills, Tarrant County, Texas. Section 2: The zoning districts as herein established have been made in accordance with a Comprehensive Land Use Plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 3: The official zoning map, of the City of North Richland Hills is hereby amended and the City Secretary is hereafter directed to revise the zoning map to reflect the amendments as set forth above. e e e e Section 4: It is hereby declared to be the intention of the City Council that the sections, 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 unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and 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 phrase, clause, sentence, paragraph or section. Section 5: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances affecting health and safety which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. Section 6: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 7: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 8: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 10th day of April, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor e e e ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head e e e CITY OF NORTH RICHLAND HILLS Department: Planni ng and Inspections Presented by: John Pitstick Co u nc iI M eeti ng Date: 4-1 0- 2006 Agenda No. C.2 Subject: LRB 2006-01 Public Hearing and Consideration of a Request from Halbach Dietz Architects for Approval of a Landscape Variance (Located at 6248 Davis Bouleva rd). Case Summary: The applicant, Halbach Dietz Architects on behalf of Davis Professional Partners, LLC, is requesting site plan approval for tvvo single story 5,014 square feet medical office buildings along Davis Boulevard north of the main entrance to Home Town. Section 1124-71 (g) of the City of North Richland Hills Building and Land Use Regulations requires a fifteen (15) foot landscaped buffer along the Davis Boulevard street frontage at this location. The applicant is requesting a variance to allow encroachment of a portion of three parking spaces and a portion of an access lane to be placed in the required fifteen (15) foot landscaped buffer. Staff Review and Findings: The applicant maintains that the encroachment is necessary based on the irregular shape of the property and in order to accommodate proper parking and access in front of the medical office buildings. In staff's opinion this encroachment creates a hardship in developing the property and allowing this variance Is justified and does not does compromise the integrity of the required buffer because extensive landscaping has been provided to compensate. The irregular shape of the lot makes it difficult to maintain the required fifteen (15) foot landscaped street buffer. Site Plan Approval: The applicant also has a site plan request (ref. SP 2005-12) for this same property for consideration on this agenda. Variance Reauested bv this Plan . A variance to permit encroachment of parking and vehicle maneuvering areas into the required 15 feet landscape buffer as noted on the attached landscape plan. Staff Recommendation: Approve LRB 2006-01. Review Schedule: Appli cat i on: 3/1/06 v..eeks Fi nal H eari ng: 4/1 0/06 Total Review lime: 6 e e e N ..\ ...,,1 ~f ,j,~ ,~~ E W~"'~ V s L ation Map Planning - oc NRH LRB 2006-01 Valiance Request Landscape NRH West Home Town _ IVIedical Office Building d bu Planning 3/28/06 Prepare :J e e e NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS LANDSCAPE REVIEW BOARD (CITY COUNCIL) Ca se #: LR B 2006-01 Applicant: Halbach Dietz Architects Location: 6248 Davis Boulevard; Lot 1, Block L, Home Town NRH West You are receiving this notice because you are a property owner of record within 200 feet of the property listed above and shown on the attached map. Purpose of Public Hearing: Halbach Dietz Architects are designing tvvo 5,000 square foot medical office buildings along Davis Boulevard north of the main entrance to Home Town NRH. Section 114-71 (g) of the City of North Richland Hills Building and Land Use Regulations requires a 15 foot landscaped buffer along the Davis Boulevard street frontage at this location. Based on the irregular shape of the property and in order to accommodate proper parking and access lanes in front of the medical office buildings, the applicant is requesting a variance to allow encroachment of a portion of three parking spaces and a portion of an access lane to be placed in the required 15 foot landscaped buffer. The Landscape Review Board (City Council) will consider this variance request on the date and time noted below. Public Hearin~ Schedule: Public Hearing Date: LANDSCAPE REVIEW BOARD (CITY COUNCil) MONDAY, APRil 10, 2006 7:00 P.M. Time: Location: CITY COUNCil CHAMBERS 7301 N. E. lOOP 820 NORTH RICHlAND HillS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: e Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 e e e PART 5. DESCRJPll0N OF REQUEST List the pertinent seGtion(s) of the Landscape Regulations and indicate the specific interpretation(s), varianœ(s}, or nonconforming use exception(s) being requested. Vo.wl';'tAF ~b~ I & ~SC4F' ~.þ~ "~. 0 f~ ~ ~~e~~rtttA ~~ ~S~ ~µ..¥. . '. IN ìf(.l t( l.\ fpv v. ci. ~ ~~~~s:~~~~ txVi~ e State the grounds for the request and detaU any special conditions that cause hardships that in your opinion justify the variances or exceptions being requested. Explain any unique circumstances. if applicable. not considered by the landscaping Regulations: VðJ(l~ ~rt..4~ \0&1\' t Th , lW4t6 \l6V l4 · ~-'.--------'-'-""-~ 6 e e ^ ARCADIA Halbach Dietz Architects Kar1 Dietz 4388 West Vickery Blvd. Suite 200 Ft. Worth Texas 76107 Re: Medical Buildings on Davis Blvd. North Richland Hills, Texas Mr. Dietz: e In today's business environment it is often only the calls or letters from unhappy dients or owners that we receive. After my revtew of the proposed landscape plan that you and KAF Landscape Architects submitted I fe" that you should be congratulated on a job welt done. tt was very apparent to me that our suggestions went taken to heart and that f-tometown was visited prior any design woñc being completed. The design will create a seamless transition from the existing comroonity to the medical buildings you will be adding. .tu'cadia Realty Corp. has worked hard to create a community that Mil improve 'Nith age and maturity and the type of care you took will help achieve this goal. I have only two (2) comments regarding your plans: 1. Please add landscape berms În the areas as shown on the attached exhîbit. 2. All entry monuments must be approved prior to installation. Please don' hesitate to contad me at 972.774.9110 ext. 1997 should you have any questions. Again, thank for aU of the hard worK through this project. This will be something that everyone can be proud of. Regards, I-cq/ð j¡m Tchoukaleff Arcadia Realty Corp. .KE.AlIY c.~": Rl-'(.)R..a::l0:-; 5+\0 HAR\SS:- HIli RD S :: r T~. , n .; DA:'Lt\S. TX )l:H 9::'1-7:'J.,*1) ~ 1 (¡ ~ ,. ? · ¡ :' '" . ;) : 1 : ( ~ AX: e e e e Landscape Plan ~..._---->.._>.__._-_.---'-~--~-~ v_..·..·____··_~__·~_,,____ ___ >\ _ ~ ~ ¡<,;." \.~ - .-", ~ \ v,,'- ~" :,.-\:,.--.. ,/ ;¡''' .'- ~:' , '<~f~ ~(è>-)'~: ~f~;~:/)~::;'~'~ fu~,~\~~\<:~,~{~~~~ ~;¿~;~~~~\ ~':;,,~~\" - ,..' \ ,$ . ,- "\ '",' / "/ . o. ,,--- '~~ . ; ,',~_ " -, ""'''".o..~.~ iii t \ .-- '...-~",. \~~~~~~~I~~j7:·;;:;,~~::_':~f,~~~~~2~~:3~~~:j'::.;;: , t.. f\'..t'..,...',L:"....I<~'1..a..~n.a!'","' 11".:.'-,-'" · ~~~".I..:;':.';'. h......:-.tol #Ir: ,,,......,.t-. ,;.1' ( 'r""''''''''' ; ,._~~.~r·.~:",·,:",,~~'i,.'~ ¡;r;.:..;I~~~~\'~~,~~ ~ ~".~'.f,~'!_;".. · ~~~~',~...;,...::-,.~~':¡..;:~:;;~':l.'~~_~.. ~:'~~11 ·...U ,. " ~;~~~~:':~~::.:~I~,~~~~-~~~~.~,~:.~: ~~~.I · ''''\..ÞV~ 'IoN' ,,,,III','" ~"h''''''''~·'''1\. "" ..'M !'"_I I~ ~~~.~.~'...\. ;~':"~:'~ '; ~~;--:;:.~::;.>~~\ \-t~';~:·" e. '...., """."~';'C-\",. ..........~,..'.lt.~\...h......... ....~~"1't'''.,'I''14n.~' ....... ...,~·",IH'" ..~.... " "...., ...,.....: ~1l,'_'4.1t .....-wo .. ... ·H..If .....1· n' -,'1 .. ,. .,~::-. ~~,~.,~~... '0': . '::-~:, -".. 4. .........t- ..." ..."tt..... ¡',U) ;;.......':,...., ~_..-.. ... ~;." ~~~...,:.~~~rt~ .'.\:..Ii.... ,.... ,-U l"...'.'Jl"'::"'...,,_....,),_·~..·'-j . ..U ,." ....-.,"--- -t-- Halbach.Dìetz Ärchil8C1S _"....'~i<ac: ~,,,......,..M...,. ,~Jr.;:>,¡ ~ . 6~ ~t tt2 ~~ " c: ~~ C ............, ".!"~"""" L101 CITY OF NORTH RICHLAND HILLS e Department: Planni ng and Inspections Presented by: John Pitstick Council Meeting Date: 4-10-2006 Agenda No. C.3 Subject: SP 2005-12 Consideration of a Request fro m Halbach Dietz Architects on behalf of Davis Professional Partners, LLC to Approve a Site Plan for Home Town Medical Office Buildings (Located in the 6200 Block of Davis Boulevard - 1.503 acres). This item does not require a public hearing. Case Summary: The applicant, SD Engineering, Inc. on behalf of Davis Professional Partners, L LC, is requesting site plan approval for tvvo single story 5,014 square feet medical office buildings. This site is located in the Town Center Zoning District which allows mixed use development. Because the site is located directly adjacent to a residential townhouse development, site plan approval is required for this project. The purpose of the site plan approval process is to ensure that the proposed medical office buildings are compatible with adjacent or nearby residential areas. Compatibility issues would include building height and setbacks, fire lanes and parking lot circulation, exterior lighting, signage, dumpster pad location, landscaping and screening, outside storage or display... etc. Issues involving drainage, utilities, access (including Traffic Impact Analysis) are part of a subdivision plat analysis and are not considered as part of the site plan review process. e Existing Zoning: "TC" Town Center Zoning. Comprehensive Plan: The Comprehensive Plan depicts Town Center uses for this area which does include differing types of uses in near proximity. The proposed use is consistent with the existing zoning of the site. Thoroughfare Plan: The site has frontage along Davis Boulevard, a P-6-D proposed six (6) lane, divided, primary arterial street with 120' of ROW. Davis currently functions as a five (5) lane section and could be re-striped for a seven (7) lane section. All right of way has been obtained in this area. Plat Status: This tract is platted as Lot 1, Block L, Home Town NRH West Phase II. This tract was platted along with the adjacent townhouse plat. Existing Site Conditions: The site is currently vacant. Surrounding Zoning I Land Use: North:uC-1" Vacant East: uAG" I single family residential home South: UTC" I entryway to Home Town West: uC-1" I Vacant Site Design Features: The following features are noted on the site plan. e e Building Design and Materials: Two, single-story, 5,014 squa re foot medical office buildings orie nted to Davis Boulevard; Construction materials consist of stone with wood column treatments; Pitched roof (6/12) with composition shingles; Access and Parking: Direct access from Davis Boulevard with secondary access to Crescent street; A future access to the east is provided. staff originally preferred a major access in the center of the tract, however, TXDOT would only allow an access where it is currently provided further away from Newman Drive. A total of 53 parking spaces are provided. This meets the 1 per 200 square foot ratio for medical offices. A 24' Fire Lane is included in the front and sides of both buildings. e Landscaping and Screening: Extensive landscaping is provided on this site. A 15 foot landscape buffer is included along Davis Boulevard and to the rear of the buildings adjacent to residential properties. A 6 foot masonry screening wall is generally required in most zoning districts, however the Town Center zoning district does not require screening walls between uses. The landscape plan indicates that three existing mature trees will be incorporated into the front landscaping of the building; A dumpster enclosure is shown at the rear of the site adjacent to the access easement. The building elevation for the dumpster(s) enclosure indicates they are screened with rock wall panels (similar to the building) and use opaque doors for access; There is a portion of the fire lane and parkina spaces in front of the northern most buildina protrude into the reauired 15 foot landscape buffer alona Davis Boulevard. This will require a landscape variance request before the Landscape Review Board (Citv Council). This landscape variance will be decided immediately prior to this case being considered bv City Council. If the variance is granted. the site plan will continue to City Council for review and action. If the landscape variance is denied. then the site plan will be likelv recommended for tablina. with redesian and reconsideration at a later date. Signage and Lighting: Two monument sign are proposed; one along Davis Boulevard at the entrY\NaY and another at Newman Drive. The signs are constructed of the same stone pattern at the medical office buildings. Wall-mounted signs are shown above the front entrance and along the south elevation. Both signs meet all current requirements. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on March 16, 2006 recommended approval of SP 2005-12 by a vote of 6-0 subject to the stipulations that the site plan be amended to state that e e e e the buildings would be stone rather than wood; a notation added to the site plan that there will be appropriate shielding for the lighting, and that this Commission recommends eliminating the southernmost monument sign and moving the Davis Boulevard monument sign to the south side of the driveway. The corrected site plan does eliminate one monument sign, but keeps the monument sign on Davis to the north side of the entryway to be more in front of the proposed office buildings. staff Recommendation: Approval of SP 2005-12. Review Schedule: Application: 10/3/05 weeks Final Hearing: 4/10/06 Total Review Time: 26 *Case progress was delayed due to several changes to the location of the buildings, as well as access approval from Texas Department of Transportation for driveway access to Davis Boulevard. e · 9 Location Map Plannln - e N :~ ~"J -,:, ,....-............ E W ~'!If":' ~ , ,< I" '" s NRH SP 2005-12 Site PI an N RH West Hon1e Tow.1 . · I Office Building Medl ca b Plan n ing 3/28/06 Prepared y e ~Feet o 250 500 1 pOD e Planning and Zoning Commission Meeting Minutes March 16, 2006 7. SP 2005-12 CONSIDERATION OF A REQUEST FROM HALBACH DIETZ ARCHITECTS ON BEHALF OF DAVIS PROFESSIONAL PARTNERS, LLC TO APPROVE A SITE PLAN FOR HOME TOWN MEDICAL OFFICE BUILDINGS (LOCATED IN THE 6200 BLOCK OF DAVIS BLVD. -1.503 ACRES). APPROVED John Pitstick presented SP 2005-12. This property is located just north of the Home Town entrance on Bridge Street. The applicant is proposing two single storYJ 5JOOO sq. ft. medical office buildings. The current zoning is Town Center zoning. Normally when commercial is adjacent to residential a 6-ft. masonry wall is required. In Town Center zoning there is no requirement for a masonry wall. HoweverJ the applicant is providing extensive landscaping for buffering. staff recommends approval. Ed ChildressJ SD EngineeringJ Inc.J P.O. Box 1357, AledoJ Texas, was present representing the applicant. e Chairman Davis asked Mr. Childress to change the wording on the site plan from wood buildings to stone buildings. Mr. Sapp asked the applicant about the lighting. Typically when there is residential adjacent to commercialJ the lighting must be shielded or directional. Mr. Sapp would like to see that added to the site plan. Mr. Sapp also asked Mr. Childress for an explanation of their thought process regarding access from this property to Caladium Drive. Mr. Childress answered that it is to allow access back over to Bridge street which has a signalized intersection onto Davis Boulevard. Chairman Davis asked if the monument sign located at the southernmost section of Caladium Drive is necessary. Mr. Childress explained that the developers of Home Town wanted a sign at that location for the people in Home Town to know about the buildings and the businesses available in the buildings. The developers wanted interaction with the residents of Home Town and that monument sign provides information for those people. Chairman Davis stated that he believes there are too many signs for this site plan. The City normally doesnJt allow three monument signs on a single lot. Mr. Davis recommended that the applicant remove the southernmost monument sign. Mr. Shiflet commented that maybe a smaller monument sign at Bridge Street would be more appropriate for directional reasons. Ms. Cole suggested that the applicant move the monument sign on the north side of the driveway to the south side of the drive to give it more visi bility. e e e e Ken Sapp, seconded by Brenda Cole, motioned to approve SP 2005-12 with the stipulations that the site plan be amended to state that the buildings would be stone rather than wood; a notation added to the site plan that there will be appropriate shielding for the lighting, and that this Commission recommends eliminating the southernmost monument sign and moving the Davis Boulevard monument sign to the south side of the driveway. The motion carried unanimously (6-0). e e e Site Plan 'J r \'1 \1 ,\ 'J D R I \, E ,~~~~;- .~;,~W;1~;' I il/ '.~ Ii !~ , ''!! .' h I };i~f,.~' .f!- :{ · ~~t;~!>}~'1"~'" ':.:. :!~ *?¡~~~:í.1¡ ..··~~~·~~d.~u ..~ ·W "". I~ ~ ,~. .'" .om' ¿i;>:;. ,J/' ~ ::'··-T1"·,\":··:: !';-'m II _ "Id _ / : ," / ,.'Ì (_ ",$ ~ I ' .. - : , I I ~ 1 I ~ r I , » r ' , ~ r I . ~ " , f . 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" it ~{r .:::.: .~ '5:.1: H t ,;A It")'\¡ ~n' ~-"',-^·4 ^T ~;!Il.(d.o. '/10.. N-....."':: 'H Halbach.Digtz Architects 'IJ.(....-~" ......~.,.. œ~ ;r....*. ","" ~~~.~. . ,.::: '; ~L ,:..J:. ~ - º~ (/)-1 (J)- UJe/) ܧ tt- Q.b: 5~ ~ Itxn_ItLlt".'1OIft toI-", _ A201 e e e CITY OF NORTH RICHLAND HILLS Department: Planni ng and Inspections Presented by: John Pitstick Council Meeting Date: 4-10-2006 Agenda No. C.4 Subject: LRB 2006-02 Public Hearing and Consideration of a Request from Rick and Roman Figueroa and James Maddux for Approval of a Landscape Variance (Located at 6609 Precinct Line Road). Case Summary: The applicants, Rick and Roman Figueroa and James Maddux are proposing to build a salon and office building on Lot 2, Block 1, Nob Hill Centre Addition. This lot falls behind an existing office center on Precinct Line Road and has been platted for several years. Section 114-72 (b) of the City of North Richland Hills Building and Land Use Regulations requires a 15 foot landscaped buffer where non-residential properties abut residentially zoned properties. As a result of the design of the proposed buildings on this site the applicants are requesting a variance to allow a 5 foot landscaped buffer adjacent to residentially zoned property. Staff Review and Findings: The applicant maintains that the reduction in the required landscape buffer is necessary because previous planning and design of proposed buildings without the need for a landscape buffer has been burdened by the recent zoning case directly adjacent to this site. The adjacent site has recently been rezoned from non-residential to residential creating the requi rement fa r a 15 foot landscape buffer. The adjacent property owner has also submitted a letter that supports the applicant's request. In staffs opinion it will be difficult to maintain the required 15 foot landscape buffer due to the recent zone change directly adjacent to this property. Therefore, it is believed this has created a hardship in the development, and this request should be considered. The configuration of adjacent land uses is not preferred. However, this existing office lot has been established for several years, while the adjacent zoning to residential property has recently created this requirement. The requirement for a six foot masonry wall and extensive evergreen landscaping in the proposed five foot buffer area, along with the architectural features of the building should be considered mitigating factors in this request. This tract will also have to receive a separate site plan approval from the Planning & Zoning Commission and City Council before any permits would be issued for this site. Variance ReQuest for this Plan . Variance to reduce the required 15 foot landscape buffer to 5 feet as noted on the attached landscape plan. staff Recommendation: Approve LRB 2006-02 Review Schedule: e e e Application: 3/20/06 V\leeks Final Hearing: 4/10/06 Total Review Time: 3 e Planning - Location Map e --- N :\ w ~j,~~~ E -'¡'þ{ ,,- S I ~ Mid-C ¡ties 8oulevar<l NRH LRB 2006-02 Lot 2. Block 1 Nab Hill Cetltre Additioll 6609 Precitlct Line Road Prepared by Planning 3/28/06 e City of Hurst ~Feet o 200 400 BOO e e e NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS LANDSCAPE REVIEW BOARD (CITY COUNCIL) Ca se #: LRB 2006-02 Applicant: Rick and Roman Figueroa and James Maddux Location: 6609 Precinct Line Road; Lot 2, Block 1, Nob Hill Centre Addition You are receiving this notice because you are a property owner of record within 200 feet of the property listed above and shown on the attached map. PurDose of Public Hearina: Rick and Roman Figueroa and James Maddux are proposing to build a salon and professional office building adjacent to residentially zoned property at 6609 Precinct Line Road. Section 114-72 (b) of the City of North Richland Hills Building and Land Use Regulations requires a 15 foot landscaped buffer where non-residential properties abut residentially zoned properties. Based on a recent zoning case that changed the adjacent property from non-residential to residential that created the requirement for a landscaped buffer and the limitations of the existing lot and required fire lane, the applicant is requesting a variance to allow a 5 foot landscaped buffer adjacent to residentially zoned property. The Landscape Review Board (City Council) will consider this variance request on the date and time noted below. Public Hearin~ Schedule: Public Hearing Date: LANDSCAPE REVIEW BOARD (CITY COUNCil) MONDAY, APRil 10, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HillS, TEXAS Time: Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills e 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817)427-6303 e e e Landscape Variance Request Letter l\1arch 20~ 2006 L>ear ~'1r. Trevino & Council t\-tcmbers, 111W1k you for considering our proposal for a landscape huftèr 'variance on our properties desçribed as James and Julie fvladdu.x Lot 2A, and Rick~ Cristi and Roman Figueroa Lot 2D. Since o\ovniog these properlic.~ \VC have been burdened by the zoning of the adjacenl residential development. This zoning has autoD11ltically imposed a 15' landscape buftèr ordinance upun us. The North side of Lot 2A, and the South side of Lot 2ß have a 5' landscape buJTcr by an existing City }\pproved Plat. Vlc arc proposing leaving the buffer were it currently is locate-d and landscaping the buffer as described in our landscape luyOUl plan. The \Vest ~idc ofrhe properties has an existing City Approved Plat showing no landscape huffer. W·e are asking for a variance to huvc a 5' landscape buiIer / tree islands. e A.s you can see our landscape plan ~x~t~çds the. minimUlll spacing and quantity requiren1ents in addition to having alJ evergreen trees and shruh~ on the North, \\le~ and SOUID sidc:-\. \Vc arc al1100king tòn.vard to o\vllÏng will uperating our ne\\' businesses in NOrtl1 Richland IHUs. and hope you \ovi II consider approving this plan. SÎncerely~ (\, I -t :> I <:, ~__ I - )t'-- / ~- , Ri ck F i gUCl"oa 8800 Kirk Lane North R.ichland }-lill&. 'fexas 761 g 0 817-808-5224 /r"~ /ì /' /i/";i /~ 1/ I.I¿///,/ l,,~ L/~7 A'~~' "i" ~·ll ~ I' " ¡,-" James R. ~taddu.x 2808 "\\'alnut Lane Hurst.. Texas 761154 817-577 -4245 e e Adjacent Property Owner Letter City COWlcil City of North Richland Hills \1a.rch 28! 2006 Re: 6609, 6613 Prec,inct Line Rd. - Landscape Buffer Dear Counc·il ~llen1bers, e I have s~en tvfr. Figucroa's landsc.apc layout plan I)ated Ñlarch 26, 2006. Ilis proposal to have a 6~ tall masonry fe.nce \\ith all evergreens in a 5' landscape buffer in place of a 15' bulIer represe.nts a gre.at effort to buftèr his property tT001 n1Y developluent, and seeIllS to exceed the minimum landscape spacing reqwren1ent'\. I have no prnhlcn1 and agree with hi s proposal. SjRi:)CTCly~ /'~) /' I ,/ ./'".,,/ I / /-t-~ /'~ ì "f1L~/} I / ~4 ,/1./ /'./ ../ / v (. ¿.. ( ,",' '-~ j' i#' l~t John Rarfield 'I ~. , ç;1 ,/) / A !â'::/'9:~'l ;" /' / /I'-' /, ..L ...,..../' ~.' --/ ,1·· t ;{. f.?'. - -;' , _./ / (',/ · /// i. // I e It Landscape Plan ~,.~~'~ o-l1i í-- -r I :{~:;.:~~ -', " ( I JI II I /''j...;.... \ .". 'J :c' ); ;f~\ 1"- I \ I _\ Ç~~r) ~~~~~~~;;~' :...;:;:: ~..i I~ ¡I ì. 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A'" to. 1...._' "'........."....A .t..........¡...:í:'!l L""""~"""" "._..... ,__.,_, ..."\,-.'.r.~.I."""--:,-",,,,,,,,,,,,,,,"':P ~,.........,..."',...: ¡;;';::"'~.""""""L"""""", .....1;........,.'....... I..........,..-..'"'P:~ ~~."'- ~hCJo ~...t.O, ........"t~...,.... ::-:......~..,...~,......._ """""--"'''',",''' ~,,"'''''''''''''' '00" ,:..~.tt"""" '\J.' "\.~ ..",'f· ,·""'t~' ~..~c.., ."~' ......p....~,...."!n" ,- It 7ð:t~~!!I ....~~,,"C'..:::.-.,~,~;:...'"\.. , t ~i..\II":2~'1..~Y , .... YO L'" 1>0. " L~N"'S(",AC' \lG L,ANDSCAPING I...AVOUT PLAN _Oct PRli.CINC' 1..1..... HU^U. LI,,;J I :.I" Be\3 rnECINC1' LlN.. HUALJ. LVI :it^ N...,..I'H AICHLAND HII.....5. TIiXAS e e e e CITY OF NORTH RICHLAND HILLS Department: City Manager1s Office Presented by: Richard Torres and Ogden uBo" Bass Council Meeting Date: 4-10-2006 Agenda No. C.5 Subject: GN 2006-025 Public Hearing and Action on the Use of Richfield Park and Northfield Park for Mineral Development OVer the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity taking place primarily in Tarrant, Denton, Johnson, Parker and Wise counties. The Barnett Shale is estimated to contain 26 to 30 trillion cubic feet of gas, which means the development and production of this important natural resource is likely to continue for many years to come. Since North Richland Hills is located within the Barnett Shale area, the City began preparing for drilling and production activity within the City. After many months of staff review, public meetings, public hearings, and a recommendation by the Planning and Zoning Commission, the City Council passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. The City has also explored the possibility of leasing City-owned land for natural gas production. To assist with this, the City hired gas production professionals with J.P. Morgan Chase Bank N.A. to help identify potential lease sites and set up procedures to receive bids. In this process staff reviewed the practicality of gas drilling and/or mineral leasing on various city parcels throughout the City. The most obvious parcels to consider first were the parks simply because of their relative large size. It was determined that it would not be practical to allow drilling in most of the City parks due to disruption in use and/or possible damage to facilities. I n the case of most City parks where they are mostly developed, adjacent off-site drilling is possible thereby still giving the City the opportunity to lease minerals only and benefit from potential royalties. As staff began its assessment of each of the larger parks throughout the City, one of the first things to determine was whether the City actually owned the mineral rights. Not all property owned by the City carries mineral rights in the deed of record. We also considered whether parks were developed or whether there was adequate space available on the site to allow gas drilling without disruption or damage to facilities and services. It was determined that only two parks were significantly undeveloped so as to be suitable for gas drilling. Those two parks are Fossil Creek Park on the south side of the City and Little Bear Creek on the north side of the City. It is the recommendation of City staff that no other park sites in North Richland Hills be considered for gas drilling except these locations. The process of promoting gas development on public property requires a few distinct steps. First, state law requires that leasing of minerals on public land be done through a public bidding process with notices published in the local newspaper for three e consecutive weeks. Second, state law also requires that prior to allowing mineral development on parkland a finding must be determined by the governmental body regarding the feasibility of such intended use and whether reasonable planning has been done to minimize potential harm to the land. The law requires this finding shall be done after a public notice and hearing is concluded. The staff approach to allowing gas development on public property is to issue bids and conduct public hearings on just a few parcels at a time rather than all parcels at the same time. The selection of the parks to start with and the subsequent phasing has been largely determined by the interest we have received from local gas development companies. As such, the second of a series of park land mineral leasing considerations is being given to Richfield Park and Northfield Park and are the only parks for mineral lease consideration at this meeting. Both park properties are located in the northern portions of the City. Mineral leasing only is being considered for Richfield and Northfield Parks. Gas drilling will not be allowed. Assuming approval is granted by the City Council for the development of natural gas from Richfield Park and Northfield Park, all development activity shall be done in strict conformance with the regulatory ordinances of the City and within state law including: screening, noise, landscaping, setback, and other requirements. The City is poised to address environmental concerns as well as impose all powers to ensure the highest possible aesthetically pleasing results, both during the development process and in the following years of production. e The purpose of this agenda item is to conduct a public hearing on the proposed mineral development at both of these parks and take action on any findings of fact. staff has prepared a brief power point presentation on the regulatory measures adopted by the City and those required by the State of Texas regarding drilling and production of natural gas city wide, both on public property as well as on private property. The presentation also includes highlights of intended gas production at the two park sites. It is planned that the presentation be given prior to the onset of the public hearing. The recommendation for the award of mineral lease bids will be presented at a future meeting for potential consideration by the City Council and are not being considered at this time. In summary, at the conclusion of the public hearing and public comment period, the City Council should determine that first, if there is no feasible and prudent alternative to the intended mineral development from the parks and second, that if the proposed mineral development program has been planned properly to ensure that all potential harm to the land has been minimized that then, and only then, the development of minerals be allowed on these tvvo park properties. e e e e Recommendation: To hold a public hearing and take action on the use of Richfield and Northfield Spurlock Park for Mineral Development. e e e Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Co u nc iI M eeti ng Date: 4-1 0-2006 Agenda No. D.O Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing e e e CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: John Pitstick Council Meeting Date: 4-10-2006 Agenda No. D.1 Subject: RP 2005-09 Consideration of a Request from Wier & Associates on behalf of Frisco Health Investments LP to Approve the Replat of Lots 5, 6, 7, 8 & 9, Block 7, Richfield Addition to Lots 5R & 6R, Block 7, Richfield Addition and approval of a water course maintenance agreement (Located in the 6800 Block of Rufe Snow - 10.032 acres). Case Summary: Wier & Associates on behalf of Frisco Health Investments LP is requesting a replat of Richfield Addition in the 6800 Block of Rufe Snow. The purpose of the replat is to reduce the number of lots from 5 to 2 lots to build a nursing home. Current Zoning: The site is zoned uC-1" Commercial. Nursing Homes are a permitted use in the C-1 zoning district. Thoroughfare Plan: The site is located on Rufe Snow Drive north of Chapman Drive. Rufe Snow is designated as a P-7-U seven lane divided arterial with 130 foot right of way. This section of Rufe Snow has not been improved and will require additional right of way as part of this replat. Comprehensive Plan: The Comprehensive Plan designates this for retail and related uses. The proposed medical nursing center is consistent with the Comprehensive Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The primary change is the dedication of right of way for the future widening of Rufe Snow as well as abandonment of easements and the consolidation of five lots into two commercial lots. The new Lot 6R is proposed to be used for a nursing home. Attached is a memo from the Public Works Department stating that this plat is ready for conside ration. Water Course Maintenance Agreement: In order for the developer to comply with the City's drainage requirements, he is proposing to construct a detention facility on the existing Lot 3 of Block 7, Richfield Addition, which he also owns. Such a detention facility is necessary as the existing underground drainage system in Chapman Drive is not capable of handling the drainage from Lots 5R & 6R once these lots are fully developed. The developer has executed the attached water course maintenance agreement which states his maintenance responsibilities. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission, at their meeting on March 16, 2006, recommended approval of RP 2005- 09 by a vote of 6-0. · Staff Recommendation: Approval of RP 2005-09. Review Schedule: Application: 11/21/05 Final Hearing: 4/10/06 Total Review Time: 20 weeks e e e ro Q) ::> c-o -s ~ 4- o ~ G e N 1'\ 'I!!~I'... W ~~, .~;;,;... E ,,~~ \0' S Planning - Location Map NRH R P 2005-09 Replat Ricllfield Addition Lots 5R & 6R.. Block 7 Pr ep a red by Pia n n i ng 3/28/06 rlJLJIFêêt o 250500 1 .000 e e e e Planning and Zoning Commission Meeting Minutes March 16, 2006 5. RP 2005-09 CONSI DERATION OF A REQU EST FRO M WIER & ASSOCIATES ON BEHALF 0 F FRISCO HEALTH INVESTMENTS LP TO APPROVE THE REPLAT OF LOTS 5,6,7, 8 & 9, BLOCK 7, RICHFIELD ADDITION TO LOT 5R & 6R, BLOCK 7, RICHFIELD ADDITION (LOCATED IN TH E 6800 BLOCK 0 F RUFE SNOW - 1 0.032 ACRES). APPROVED John Pitstick presented RP 2005-09. This is a replat to reduce the lots from 5 to 2 in order to build a nursing home. This property is zoned C-1 Commercial and is located on Rufe Snow Drive, north of Chapman Drive. There is a requirement for additional right- of-way on Rufe Snow Drive which is shown on the replat. The Comprehensive Plan designates this for retail and related uses. The proposed medical nursing center on one of the lots is consistent with the pia n. There is a 15-ft. temporary drainage easement that either needs to be designated as a permanent drainage easement or removed. staff recommends approval. Euless Lane with Weir & Associates, 6849 Elm Street, Frisco, Texas, commended Staff for their cooperation and help on this replat. Chairman Davis stated that the replat could be approved as submitted with the word "temporary easement" changed to "permanent easemenf' or deleted completely. Mr. Shiflet asked why there is an access easement designated for the south, but not for the north. M r. Lane stated that the property to the north is a large tract with multiple access points and is not a consistent use with the nursing home project. Weir & Associates would like to control the access on their site and the property to the south is part of the overall development, but the property to the north is not. Ken Sapp, seconded by Scott Wood, motioned to approve RP 2005-09 with the stipulation that the temporary easement either be reclassified as a permanent easement or eliminated. The motion carried unanimously (6-0). e Public Works Sign-Off Letter CITY OF NORTH RICHLAND HILLS MEMO TO: Carolyn Huggins, Planning Coordinator FROM: Caroline Waggoner, Engineer Associate SUBJECT: Richfield Addition; Block 7, Lots 5R & 6R Re Plat RP 2005-09 DA TE: March 8, 2006 Public Works has reviewed the Re Plat submitted to this office on March 3, 2006. We recommend placement on the next Planning and Zoning Commission meeting agenda. We recommend placement of this item on the appropriate City Council agenda, following approval by the Planning and Zoning Commission. e cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director CL W/pwm2006-054 e e Developer Agreement CITYlDEv"'ELOPER AND WATER COURSE ~1AINTENANCE SECURITY .AGREEMENT ST.~ TE (JF TE.XAS § § COlJNTY OF TARR..t\NT § KNO\\ì ALL ~fEN BY TIIESE PRESENTS O\\'Iler of Ric,hfield ,A.ddition, Block 7, Lots 3~ 5, 6, 7.. 8 and 9 desires to replnt a portion thereof as lots 5R and 6R and North Ric.hbmd Hil1s staff will recommend approval only on the condition that a detention pond be CO&"1ructed on Block 7> Lot 3 (to the East of Block 7, Lot 4) and shown on E.xhibit "A!'! attached hcrcto1 and that drainage easements ond underground stOm1""ater pipes be located on Lots 3 W1d 5R in a separate1)' dedicated easen1ent. For and in consideration of the forhcarance of the City of North Rich1and IIills from requiring construction of the pennancnt drainage improvements and detenùon pond required by ordinance, Owner agrees us follo,-.'s: 1. Owner shall dedicate a drainage easement as depicted in Exhibit A on Lots 3 and 5R for pcnnanent drainage improvenlents required hy ordinance~ including an ca~mcnt for underground drainage pipes and a detention pond. e 2. Owner shall construct, at its sole cost and expense, an earthen \Vater Course along the rear of Block 7, Lots 3 & 5R. Richfield Additio~ NOM Richland Hills, Tarrant County, 'rexas, as shown on Exhibit ß hereto according to the plans approved by the City. O\\'l1eT further agrees on behalf of itself: it's successors and assigns, to nUlÌnlaÎn such water course as hereinafter set forth in Paragraph 2 hereof, WId 10 reimbllTSc the Clt}' for the c.ost of maintenance should suc,h be necessary as set forth in Paragraph 3 hereot: 3. \\tith the development of Lot 6R, the pond win he established as show1l on Exhibit "B'~. Decorative fencing shnll be provided on the south and \'vest sides of the pond, aJong with approved landscaping~ in accordance with (~ity Ordinance No. 2624. The fence on the north side of the pond will be constructed at such time as the pond \\rill be constructed at such time as the pond is expanded to ils ultimate sizelcnpacity. OV\rncr shall maintain the \\later Course in u prudent manner to 111inin1i7.e soil l.Tosinn and keep grass and vegetation Inowoo and maintained as fòllows: a. The "'Tater Course area wi11 he mow~d at least once every Lhrcc (3) "reeks bet\\reen March 1st -April 1 o tit and bet\\~ October 1st - Novcmìx;r 15th. b. The WalL,- Course area v.ill be mo\\red at least once e~<ery other \\'CCk during the growing season bet\veen April 10th October 1 st. RicJVæ1d Addiiwn City/Develope, and Water COMTre Maint£Rani~ .ç.~c"rity A.Jf"'f~me1ft Pa~ ¡ of3 Ala h."';: , 2006 e e c. !\ny debris ",,-hich deposits iL~clf in the water course area \\liH need to bc picked up and removed after a storm event or every sLx (6) lllOlltbs, whichever is 1110rC often. d. AllY nuticeablc St..-dimcnt accumulation in the \vater course W't:u ""i11 be rcl'no\'cd at least onc·e annually if needed. e. The Public \Vorks Director or his designee may bYJ'ant exceptions to this mainh..-nance schedule due to ,,\o-eather conditions, unu.~ situations or acts ofCind. 4. Should O\a.ner fail to remedy any inadequacy in its maintenance of the W'atcf Coursc \\I;thin t~venty (20) days of receipt of wriU~n notic·e from the City, tbe City filty, but shall not be obligated, 10 pnJ\~dc such maintenance that it shall re.asonabJy deem necessary and a.1l co.~l~ thereof shaH be reimbursed to the City hy Ov.œr upon written denlnnd therefure. If Owner fails to so reimburse the City 'À'ithin ten (10) days of such written demand, the Cit~l shall have a lien against the property for such wnount. Ry acceptance of this agreen)en~ the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of "WTinen requt:st Lhcrcforc~ stating whether or not any amounts are due and o"ving from Developer pursuant to this agreelneut. 5. Th~ a!;.Jf~cmcnt made herein shall be binding upon lhe O\\l1er: íts suc~essors W1d assigns and shall run \\'ith the land. e 6. This agreement for n1a.Ìntcnance shall tenninate only if the \Valer Course is constructed \\1th an endoscJ reinforced c.onc,rete stonn dntÎn system in accordance ",ith plans approved by the City. OWllcr shall be entitl~ to a recordable rc1ca.'Î\c of lht;Sl~ obligations. 7. l\t suc.h time :Lí.\ the O\\'l\e.r develops any portion of I,ots J or 5R described herein fult improvements are required wùess upon revic\\' by the c,ity it is detcrrnined that a phaSt~d approac.h is appropriate. "'Full improvements" shall inc1udc that follo\'lÎI1g: a. rhe detention pond ,..,ill be reconstructed to its uJtim1.1lc size and capadty as ShO\\'l1 on Exhibi l A hereto in ac.cordance vá th rcq ul rcments of the c,ity's ordirumces. Thc final detention pond will be in full c.ompliance v.ith all applicable stipulatiuns \\oithin the ordinance including: landsc,aping and det..'.Orative fencing rcq uirements. b. 'Ole eartJH::n channel !'\hall be removed between Chaplnan and the pond and hctv.'œn the pund and Lot 6R, a.nd WI t:ncloscd sronn drain systen1 insLallcd in accordance with City stnndard~. h'ù:h..lit·!d Addilion . CityD€'\leI )pe.r mul WtJ/t·" C!:JI4P"SC Ma;m~.'JQ1k"'e S~~'l'it)' ..fgrcem.~t.t1 Pll.~1' 2 11/3 MtJreh }OtJ6 e e STÆ\TE o..~ rrEx.AS COIJNT'l OF T ARRAl\'T DE'VELOPRR: //1 .,/J ,/ IH:I T;;~ _.- 8"1': I~ ~. Jt\C~O\\ILEDGI\oU£Nl· , BEFORE ~1E, the undersigned aUÙ1oril)!~()n this day personally appe.ared --[Vii I' M fW1i.t:li:tL, President of ~ J,~i J / of'; -1':' ~¡; tit t' "known to me to be the person whose Ilalne is subscribed to Ùle foregoing inslrumcn~ an acknowledged to me that he e..xecuted the same for the purposes and consideration therein cxpres...~d and in the capacity therein statcd as the act and deed 0 f e r)ït~~!!~~ Traç.. Q fIaI.cftII ~ . . Not.-y Pu~tc, Stale of T... \J. . }.. ¡ My Commission Exp,rel: ~f!.!~.~$~l JUM 8, 200t e '1 --......, . /,1 ro- " ) I ' f t I .1....·[·.. ..1 /. ¡' . " ~. ;,'.7 ·1- /...- t \-< :, ( (_ L l ,¡-- [,t.- " ...t.ZLL.", Ñ~tary Public in and for ]11e State ofTcx~ R.idýlÛd Ada'ir;on - C'.'J/f).;"wloper and Watt'r ('oorse MQintt,It&:mce Slicunty Agr~.""'?nl Pu.~ 3 r~l3 ·\{ard-., ,mOb e - - LOT st - -/N8go29 ~2-:E RI~~T1ON;r/ 25.00 " v'Cl, _____, P<;, __ 1-I.I-CI,C,L LOT :1 3LOCK "7 RIÇ¡.f1EU> AOOITION lo'Ol 3e~ -;;:;Ç'5. ¡"IC. 5·3 F'P..T.C.T. ,..' . t·~, š I\) . ~(,.IoI . t.t.I ~~ :;; DRAINAGE, DETENTION POND. 8 SANITARY SEY.'ER EASEMENT (42!617 SO. FT.) EAST 156.04 ' /-:-' ,....,. ~~r·.·· " ~cñl<"" ' z~./ e 157 .6~ " LOT 5 BLOCK 1 RlCWELD AOOITtON V':~. 3t:H3-i05. pc;:., 5$ F.R.T.C.T. ~ ~ r~::; .. tn .. l1li CHÞJ'tMN ÞRJ'Æ ~ W.A.05059 03-20-2006 05059-OFFSITE-DRAINAGE-ESMT .clwg L e [\SS~. !.C_ ßrhfßN?JC LOT 8 -------- LOT 14 510") ----¡:::- ðð LOT IS -~ ~t-: :.:~ou U~'\ . o I I- ---ät:~ o"'c.. LOT I! 111 J o :> -------..- LOT II ------- LOT to ---------- LOT !! -- ..-- --~- LOT a , , "" iT1 , /,1 lOT I BLOCK 1 RlC~ ADDITION VOL _ 386-::Oð. PG. 56 PRo ~ C. I. SCALE I' = 60' -LEGEND- eM W CONTROLL'HG ~ AON ROO FotNJ E~¥HIBIT "..4." DRAll\TAGE, DETENTIOl'./ P()]vD &: SA1VITARY SEJ~rE'l?' EAS'E.t\fEl'lT BElNG 0.97'8 .4CRES (42. G1 '7 SQ. PT) OF' LAND LOCAtED [h" TIlE W. lJA.^lj\' SrJR1lEY, .ABSTRACT ."lo. lOt 0 CiTY OF NORThr RICJ1LJL^lD frrrJ.S., 'rAH.I¿A.^lT COr¡.~lTY, TE..'<AS ~ WIIiR a A8S0CIATIS, INC. e e -------- -~._- --~_.- -- " LEGEND UMITS OF !MTLAL DETENTION POND CHANNEL 8 INITIAL DETENTION POND ~ ~ BLOCK 1 WINDSOR PARK .ADDITION V~. 388-201. PG. 3 r R.T.CT. , LOT I BL OCK 7 VOL. 388-205. PG. 58 f'.Q.T.C,T, '",;/1 --,/r / Sl'.ALE.1 ,... = 100 E}{HIBIT n EN 1j'lTERL~/ DETEJ\tTIOlv~ POl'{Ð (,'O!,\'1Jl 'f'jOiV TO FE' ('ONS1'l-{UC1'4'ON W.lTli....HE ¡;'EVE!..O!'M.~·Nt OF THE .~lOR1~'! i';CH!_~¡Vj) ,'1/1.£...,>' SA'lI.LElJ .VUR,SlNC CEl·t1'ER. CllT OP NORTh' ,qrCHt.Al"tn H¡'¡'J,.". TARR.tN"! COUl,rTY. rEX·1S '\IlIa WlIA Ii A..OCIATS., INC. W.A.O'~9 03-ro-2006 O~ Q59-\¥'ME -£dlll: II .1Iw~ e /:"f~:~~=-p:~c,(~':, : [ ) " .~~ I~ ,//r\'r ¡1 · { ,"'1 '1' i't- :/;11' I : I i "~-,I'"~ ;:/~./~., ','. ~: " ., ~ !:~, r~~·~;:~~~~'--tI .. ,. .:: "ì '~\ \~ ¡ II : l II ~ 11. ' f ¡ I" e e ___,_ L 'L:.:.----- .,..,."·1 " I I I - _.._---~ ..,t'.. _.......- LOT 5" It. .~. ,AÇHt;,1Ii ------------ - ".~·.....,or A .,., .~~. Replat . t"", 114J4 ,1, I I _~ 1'\.j \n 't.....II· ¡"':.' '\ 11 ~.'. 11<..1 \\,. il·""" '_.;~~;;~,~~#!~'.' H,i. ,L1I: ".'.1..." ','". j ~~:¡::;~ ~~:~~~~~'·~\.I~:S~~:kc¡~~ ~~=~~~J~·r '\~:"_"'·",~~;¡:..~rlt~~ : ~~'~I\~~~\: :":k~'£;-t~{ ~',Hli;" ur k\"':" '"""l~...'t "'''' '-I ,",'rft' "'I1~::J'r"''' '(,1"4 .'j-I..... .',~ .':,~ ,.. ......1.. IIt:'U4 ....~__.....u,;',.' ,..to.; ,~.'~~ ~ ILI"'\~ I" Ú..\·^ \i,.....: \j' ~, "":;:1' ~ ~ II . "'II ¡¡:tII t ~... ~ .~., l. -I 1þJ","' rO:' 'W ^ ~..,... t..... ~ 1..... .. n,'- ,,"'HI '~'''\¡,'.,....l~ MJW. .. I"t" L"~\ .:..rt' ,.. _t._ I.' "..f Ii.'"f ,..... ..,.... ....... ~,,~, >,~~....:"S~ '"tU--:,::' '4:\rh."- ". "11,1''': ,~~r '~'.~ .' nt .-.,~.....~ \,~. '" h_" '-t' ;-0.., ..'fTr 'W ~ ,.'7f'" ..... .''Ç :--Jl"'\ ~__::'* .~......... fL......' .IJ~,~-' P', ~rTX' "t:J ..~,..,.~.!("~")..... ...~ .... .. . ..·,1......,.' ,....... \.....\."\- a,n.,' ... ~l'f'IW:t~ r........... ...- '...... ,'.-,...........'......,_.. ,'..... "'.....~I..,It"'",¡,.r ",~, "- ..' 'u....' , .,..,__~.', ~'-" r'" .'.,...,-"r '~~" rr P;,)#- ".nt ~~ \\t,L,t. tf.f - ,,,~":. <I, .,~... tN n~ "~,"'IIII'\ .. .. ~,.. )'''''::J w1.t·""""I>U~', ~ì. rt,~;,,;.....tt I.t!MJI t4' ~\t ,n ,\ '~I'''M, ,.. "'U.. ;4l""."U ".. ,"'3." ""-' ". H. "-~ ~.. 'f a:........:: "'J I'. ..JH ~ '\.'-" ,,~ t,:)'''~'¡f tIt,;i,..... ~',LI, ''III ~.-J ",",',. j 1 ,J '01 I' .. ..tI\-\:..... fJ') ;~~~ ;~~;i:~~~&f¡ ;;~;¡;~' r~ :....~'.1 f C '''''.--1. -.., ~""Œt\W-'.' 1"''' t"X'W.'e,z1): ~ .¡ I.. l.~1"o-.; i"I ~JI. "... ",..JIIt."!1 ~~."' "..... ....... 11.."- . ....", ''''' ....' ,. __'___._"'__ 01- .. '~'::~"" '~'ì'i~'~~~\,~~Ä"\ .~\ TI'I LGTg OR B 6A. BLOCK 7 ,~~:~[¡.\~~~~~, :;;.... .... W1",;'~_II(TI ', INC. ~~E:-; ;:.r:~¡~~::.¡¡.~¡': ..... ..~.u. HP-_ .:. .1 "...~ e e e CITY OF NORTH RICHLAND HILLS Department: Planni ng and Inspections Presented by: John Pitstick Council Meeting Date: 4-10-2006 Agenda No. D.2 Subject: SP 2005-11 Consideration of a Request from Wier & Associates on behalf of Frisco Health Investments LP to Approve a Site Plan for North Richland Hills Nursing Center (Located in the 6800 Block of Rufe Snow - 4.147 acres). Case Summary: The applicant, Wier & Associates, Inc. is requesting site plan approval for a 125 bed skilled nursing facility located on 3.6 acres in the 6800 Block of Rufe Snow Drive. Because the site is located immediately adjacent an existing residential neighborhood, site plan approval is required for this project. Existing Zoning: "C-1" Commercial, nursing home use is permitted by right. Comprehensive Plan: The Comprehensive Plan depicts retail uses for this site. This depiction does include nursing homes as acceptable uses. The proposed development is consistent with the Plan. Thoroughfare Plan: The site has frontage on Rufe Snow Drive, a future 7-lane, undivided principal arterial with 130' ROW. Plat Status: The site is being replatted as a single lot 5R, Block 7, Richfield Addition. Existing Site Conditions: The site is relatively flat with mostly grass as vegetation. A detention area is being proposed south of this lot. Site Design Features: The following features are noted on the site, landscape and building elevation plans. Surrounding Zoning I Land Use: North: "1_2" I Lumber yard East: "1-2" I Vacant South: uC-1" I Vacant West: "R-4-D", "C-2" I Single family residential, vacant Site Design Features: The following features are noted on the site, landscape and building elevation plans. Building Design and Materials: The development includes a 38,984 square foot skilled nursing facility; The building is a single story residential structure with 5 wings; The elevation for the skilled nursing facility indicates brick construction with vinyl shake siding for the gables. The roof consists of composition shingles. The front elevation includes windows with dormers on the roof elevations. e e e Access and Parking: A single entryway and fire lane is provided to the site from Rufe Snow Drive and a fire lane is provided around the entire nursing facility; Nursing Homes require 1.5 per 3 beds provided. This site has the exact number of 63 required parking spaces. Landscaping and Screening: The development is required to provide a 15 foot landscape setback along Rufe Snow Drive in addition to a 15 foot landscape buffer along the rear of the site adjacent to the existing single family homes. The applicant's landscape plan complies with required landscape regulations concerning setbacks, buffers, trees, shrubs. In the front they are using Texas Sage to screen the parking lot with Cedar Elms and Red Oaks for tree requirements. A 6 foot concrete wall with patterned brick is provided against the single family homes with a 15 foot landscape buffer with Live Oak trees. Signage and Lighting: The site plan proposes a single monument sign at the entryway along the Rufe Snow Drive frontage. No specific plans or notes discuss the exterior lighting of the development. Any exterior lighting will have to meet current regulations regarding screening and intensity. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on March 16, 2006 recommended approval of SP 2005-11 by a vote of 6-0 subject to the landscape plan showing cross access to the adjacent lot. This correction is reflected in the revised site plan. Final Architectural Requirements: Following the P&Z recommendation, staff recognized concerns over architectural dimensional standards relating to the Rufe Snow frontage. Staff has had recent discussions with the architect in an effort to meet required architectural standards. Please see Jordan and Associates letter that describes proposed improvements to the front elevation regarding landscaped seating areas, accent lighting and decorative stone pilasters projecting from the wall plane that will be added to the final site plan. These proposed improvements along with existing features will meet the city's architectural requirements. Staff Recommendation: Approval of SP 2006-11 with stipulations for improved architectural features. Review Schedule: Application: 8/08/05 weeks Final Hearing: 4/10/06 Total Review Time: 35 *progress on this case was delayed due to issues with off-site drainage detention. · ~ 0) ::s ~ ,....s C'Ö ~ 4- o Z' Ü e N ,,~ ,"'J ~( W "'~._- E ~.,~,-, 1'. r,\ l' s Planning - Location Map NRH Sf 2005-11 Site PI an RicJlfield Addition Lots 5R & GR. Block 7 Prepared by Plan n i ng 3128/06 ~Feet o 250500 1 pOD e e e - Planning and Zoning Commission Meeting Minutes March 16, 2006 6. SP 2005-11 CONSI DERATION OF A REQU EST FRO M WIER & ASSOCIATES ON BEHALF 0 F FRISCO HEALTH INVESTMENTS LP TO APPROVE A SITE PLAN FOR NORTH RICHLAND HILLS NURSING CENTER (LOCATED IN THE 6800 BLOCK OF RUFE SNOW DR. - 4.147 ACRES.) APPROVED John Pitstick presented SP 2005-11. The applicant is proposing to develop a nursing home. It will be a 125 bed skilled nursing facility with five wings. The applicant is showing the required right-of-way. It will be a single story residential looking structure. Parking is provided with a single entryway and a fire lane. The landscaping and fencing is provided showing a required 6-ft. masonry wall dividing the adjacent residential subdivision and a 15-ft. landscape buffer. Chairman Davis stated that the Commission would like to make sure the access easement that is shown on the site plan is correctly reflected on the landscape plan as well. Currently they do not match where the 24-ft. access stubs out. Euless Lane with Weir & Associates, 6849 Elm Street, Frisco, Texas, stated that he will have that co rrected . Scott Wood, seconded by Randy Shiflet, motioned to approve SP 2005-11 with the stipulation that the landscape plan be amended to show the stub out. The motion carried unanimously (6-0). e e e Letter from Architect Regarding Final Architectural Requirements Jordan and Associates 3159 E. Mission Blvd., Suite 1 Fayetteville, Arkansas 72703 Phone: 479-444-9923 Fax: 479-444-9924 April 5, 2006 Mr. John Pitstick Pia nning and I nspections Department 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Re: North Richland Hills Nursing Center Rufe Snow Drive North Richland Hills, Texas Project No.040605 Dear M r. Pitstick: I understand per our telephone conversation this morning that there are some questions regarding this project meeting the City's Architectural Standards regarding the front facade. Under Section 606 ARCHITECTURAL REQUIREMENTS, Subsection B Dimensional Standards, Article 1 Facade Walls states that the front facade when over 200 feet long shall meet 4 out of 5 items listed. We intend to meet items b, c, d, and e as follows: b. The following three items shall be incorporated into this project: (1) The roof slope shall be equal to or greater than 5/12. (2) We will provide landscaping that shall include pre-cast concrete or wrought iron benches with adjacent planted areas at both sides of the covered drive-thru areas. e e e (3) Ground mounted accent lights shall be installed that will illuminate the building at night. c. There shall be a Portico located at the front entry of the building. d. Decorative windows (dormers) shall be located on the roof of the front elevation. e. Decorative stone pilasters projecting au from the plane of the wall shall be constructed at all of the building corners on the front elevation. These items shall be incorporated into the final building construction documents that shall be submitted for your review. If you should have any questionsJ please call. Sincerely, steve Jordan AlA Project Architect cc: Dave PendleYJ Building Official Ulys LaneJ Wier and Associates Jeff SmithersJ Smithers Merchant Builders Doak SchuelkeJ Smithers Merchant Builders Robert FosterJ Jordan and Associates e \ :J ~ ,l'.If¡L.. /~ ~..,,::, ~. l\ "'C . '. fTI- .;/"¡-'\'" ---=-..:;--"'>-~"~;~~" "I ¡-:r ' . f " ~~~"lJJ:Illicl.J." · 1 ¡ I, i I : ,I) i.F:. ~: !: ¡,';,:~:~~~~,~i, [\1 '\. ~. ~: ~ ../' "~ ..~ 4 w;o.',"r" t.UO:>lI~'It..~. ," ~\""'lJ.' I~, I ~ I:,; s¡:: ,'~ .~. ¡ ~~::;,:,~' ~,_:~~t ' t ~ I ~ . ¡' . t :II , . .:t ,,~~ & 11 -- ... " i . ~11 "~.. ,7J1' I ." ·'+H.' ""-' ",~ "t I:f,~ ":'~\r't~ rl~'\ '. .... ·'.~~:r i ¡ II i!t fLI ,'I', :~' <~nl; ¡ I r ",,'---. ...... - -" ~j l ¡. ; L_~__ :- <;'~ I :- ~~::",,- '" ____ ~ u_ ........ iII"L. 11 t' ¡"-L ~ ;1TTTlfTti[~·-- --"::~::::;.:'''''''''' 1~~~lWJJJ~"l'" .,'~"'1i-Y :.~ ..x:, e ~:., ':' ::,1, '",;,:: ;,~':;~~:..: .:.',,, . 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'Ii :N .._~ .,......."", tV \I'U,;¡"''''"''1 l~'.H«,H ~..I,,~ ~..Q¡":.;,.¡.~¡.,t<'":" ~__..ur ..U ~,"\}"'I.."""I·'" ~1".".¡'oÌ,"" ~., ..iNto..., ,,~;...... n... ., ~ ......,¡,... . ....... .'\w-'¡'y: . ,,',C:>/t'''"'',....... . .~"~,....,, ¡a ," .'\'01'1\; ,m ~Þ;r,'."'" ,.'. ,...i"". '"'t·:j,'rl:-J.N ,>~\\,~\,,~'~""·\j-h'·'''''.'..''''' "''''''')''''''d.~ H IHJl...."· ~«;b'~UI:i:'ù." ~\.'\" C~"'~~ê'" t .. """"'. ,_, .11 ....~. "~»JW..........'''''''- ; ......... e e Landscape Plan ~,7" :,- .~.;: - -¡ ¡- -:~ - :=:~I- - r -... ...'" ,,~... - ~.;;-.... - - - ... ... - - ---- .;:,,~ - }~+ ~~ I'¡¡rp.\t,\~ ,~. ,J )..;0< .\. hOIl\ r--.-"----~".----"-- --. \.______f If',"', .Ii"" -' i ..ndl\a~'" ". -. I-U e Building Elevations NOTE; BRICK \'ENB:" SHALL YE~ TI1ë IG~ MINIMUUCO\'aWìE CRI11iRIAA$ H.EQUIHED ON ALL FAŒS OF tJUILlJtMJ i.~~-ij¡:~~~~f - \0\.<\> ,- ...\.,.,~..- . ."" ".': ~'-'--'-'" '~-- - . . .. ,. "-'."~' "'I.."".~_ , \YE6T [FflONT) HEV_llON a,.'~ - "-4}" .,~~~~~~~~-~~~¿:;~~- a ~ t:L.tVATION 'JI'Jf!' =- ".0' I_n~__-~~___ - -- _,u____ n__'~__--=:J ~ ~ ~~:;gi-,;~lv,-~~~~~~~;~__f~~~>._ :5 NOtIIHELE".T1ON 3.'!r.H;::q -., e _ ~~.~~:~r~~;Dh~J;:~2' 4 $C~ I~ATION 3132' - 1'-0' e -....' f·~ : ~=IJ ~."~ _>f,'o~ ¡ J ¡ j I t ~ I :! w~.1 ~~~ I l'l :s :;: i I"" ... I c:: 0 i 1;.1 Z i "di :51 ~~Q I ~ã: ~ I Q S ¡ It z I -,---~¡ :~n R~ì '~~ :!I ~iw ::.~11 _:~~~ , yo : \ »*Ii ~ , -I A3 e e e Department: City Secretary Presented by: Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-10-2006 Agenda No. E.O e e . Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-10-2006 Agenda No. F.O e e . CITY OF NORTH RICHLAND HILLS Department: Com m unications Presented by: George Staples Council Meeting Date: 4-10-2006 Agenda No. F.1 Subject: I nformatio n and Reports Report from City Attorney in response to March 27, 2006 Citizen1s Presentation e e . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2006-042 ^ " Date: April 10, 2006 <:.. :.:. -- :.- 'I" \1 Subject: Response to March 27, 2006 Citizen's Presentation The City of North Richland Hills does not allow any pond or lake to be constructed unless plats are approved by City Council and flood studies prepared and sealed by a licensed professional engineer are approved by the city and by the Federal Emergency Management Agency (FEMA) if located in a flood plain. The flood studies must demonstrate compliance with requirements that the drainage will work and that protection against 100 year frequency flooding is provided. No pond or lake receiving drainage can lawfully be constructed unless these requirements are met. While the City has no separate document styled a permit, this process meets the requirements of both the letter and intent of the City Charter Article XVII, Section 18 relating to Pools, Ponds and Lakes. During the Citizen's Presentation portion of the March 27 City Council Meeting, Ms. Laverne O'Steen referred to the City Charter and said she is seeking information regarding the permitting of Emerald Lakes. Ms. O'Steen said she submitted an open records request on March 6 and that the City did not supply the records, so she issued a second request asking for information. Her comments suggested that City staff was not cooperative in providing public information. However, that was not the case. City Staff did respond both verbally and in writing to both of Ms. O'8teen's requests and offered her the opportunity to view and/or purchase copies of all records related to the approval of Emerald Lakes. Attached are copies of the written correspondence between Ms. O'Steen and the City Secretary's Office. The fact that there is a City approved plat, and a City approved flood study with an additional approval by FEMA of the Emerald Lakes Addition drainage way, is evidence that the City did comply with Charter Article XVII, Section 18. Ms. O'Steen has been informed that these documents exist and are available for her review. I will make a brief presentation during the I nformation and Reports portion of the meeting regarding the Charter requirements and the City's process for approving ponds and lakes. Respectfully Submitted, George Staples City Attorney -- ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS · ~~~ '~6£f' CITY OF NORTH RICHLAND HILLS REQUEST FOR DISCLOSURE OF PUBLIC RECORDS P.O. BDX 820609 Narth ~Ichlønd Hnls~ TX 76182 Fax: 817-427..8016 or E...-naU: CltySecratary@nrhtx..com P~ea5e use this form 10 request records from the City of North Richfand HiUs. Requests for poJice records are to be submitted to the Police Department, Atin: PoJice Records r-nansger; Fire and ambulance/medicar records shajl be suhmitted to Fire Department, Attn: FJre MarshBU; requests for [:ourt records shall be 9ubmil1ed to Munjcipal Court. Attn: Municipal Court Clerk. AJI other req-Jests are to be submitted to the City Secretary. In accordance w;'th the Publfc Infcnnation Act. records will be provided within 10 busrness days unless considered confidentiaJ by taw. Every effort is made to expedite aU requests for disclosure of public records, however. due to persanner demands and schedule8. th8re are incidents when the disclosure or record8 nu~y take the time aJlowed by law. PLEASE PRINT ALL INFORMATION 'GL£ð DATE, NAME & DESCRIPTION OF REQUESTED RECORD~S): (please be specific) &=11:r:/~ ~.- Il;~; i:.~~ /n~~rn;~, ..T..{: 5C-rMúid ,; k ß frlJ!Y ~..ç: f~7-": ..±. e tC~eck one) ~a) V (b)_ (c)_ I request paper cop~sa I request Q"Ily to view at CI ty Hall Otha.r (Pleaaø 8)Cpl¡jn in detarl) I unckrstand that upon Bpproval b)' the City s.c,.tary th... r.card. wll be mad. avanable to m. promptly. .tso nderstand therels.ch.ru8~~.CtJpE. ofpublü: ,tconr..s perth. City of North Richland HIlÞi policy. ~ , .. O~-D¿.- ~ Date Qf Req~est For cOIrtpl.tJon by City ol1ly J-á .¡) ¿" Dale Reœtved CS I~ oR e2d()¡J,.~~ ~eC8ived by D P. Reapon8 ible Departrnønt: ~ te Di sclosed 10 Reqoesto i. Fees: i\tecessat'1 for Review by C[t)' A!tomey: BYES 8 NO Raquira$ Ruling rrrJrr. AttDrney General: YES NO Jate Submitted to At1or~e)' Ge ne ~ I~ . Attcrney C.neral Op:n~an _ (number) received on RespDn se RøçorCs Received fro m De pt OQla sent 10 Cft}.' Attorney: ..- Comments: e · e e NIt.H Of'iç~ o~ I,c City SeCuJtarr' CITY OF I\ORTH RICHLAND HILLS March 16, 2006 Ms. Laverne O'Steen 8429 Emerald Circle North Richland HUls! TX 76180 Re: Open RecDrds Request 2006-022 Dear Ms. Q'Steen: As J understand it you do not want the documents inCIUd)ng the- Conditional Letter of Map Revision and Letter of Map Revision. Permit AppUcatjon and Federal Emeraency Management letter which cons1itute permit approval for the Emerald Lakes Drainage Improvements, but are onry seeking 8 tvJo to three page document you styie a -permit". The City nas onfy the documents descr;bed and does not have anything shorter that is styled a ·perm it.. . rf you have any questions. please let me knON. Sincerely, t?d6tt~~~ Patricia Hutson City Secretary OR ,008·022 P.O. E:iDX 820809 .. North ~ichlønt.l Hili~. TeJuu * 76182-oSC·9 "3U' Northeøst Loop 1\2 0 ~ :S17} 427 -B080 .. Fax {ó 1 T, 42.1-601 6 . ~'fJ' ~©- CITY OF NORTH RICHLAND HrLLS ! :' œ: D ~ (g REQUEST FOR DISCLOSURE OF PUBLIC RECQ . f1 P.O. Box 820809 d MAR 2 2 2OC6 Ii J) North Richland HJU8. TX 76182 ~ ~ Fax: 817427-6016 Dr E-mail: CltySecretary@nrh .co .:1l11ú-P.3?- Please use Ihit! form to request reOOl'ds fram the City ot North Richland Hills. Requests for police records s"e to be submitted to the POlice Deparbnent. Attn: Police Records MLlnager; Fire and ambulance/medical records shaJl be submitted 10 Fire Department, Aim: Fire Marshall; requests for court recDrds shall be submitted to Mtmicipal Court, AUn: Municipal Court Clerk, All other requeslS are to be submitled to the City Secretary. In accordance with the PubUc Inrormation A[:t. records wUI be provided within 10 business days unless considered confldenlia' by raw. Every effort is made to expedHe an requests for disclosure of pLJhUc recorda. howevcr. due to personnel demands and sctledutes, there are inclde:1ls when the disclosure of records may ta.<a the time allowed by taw. PLEASE PRINT ALL INFORMATION rwwr¡--' /J' ~_. r-¡¡¡¡¡ ¡¡Ver~ p- S _ . MA:LINGADDRESS¡rl Lk ~1~e~ ~~_ t1l}ücb ~ 11 J {.J¡ I /s , --..J .w°1E:~_~ 1":":t2 rq ---'TI( -1717 b 19U DATE. NAfAE & L'ESCRfPTION OF REQUESTED RECORD(S): (pless. be specific:) -S.e~ ,3 fJa:Je a.:l-ln.C! II n.e~~f- {Check one) t3J ,~ I request paper copies [b) _ ! request on~ 10 view Qt CJt)' H tin ~c) __ OttIor {pr'815e ;explajn in de~:}., ,j j Or .;¡~..J-/.p y-' ;:+ h/'J ,/) e. rn-.., J W(,i( S' i $~ h e~ (à '7 Y\~1" y .,~Ù,/ ;" ~ v /~1.. i;€.~ Q. ~-~:2. ~? I und....tand thai upon appi'ð\ral by lha Clly Søcr.1a1')l1'-so ....CCIIÚ. wll h. mado 8wllab" to m. prompdV. tala nderltand there Jill charge for copl.. of pUblic ...c:ards as P'" .hl City of North RJc""illnd Hills poUçy. ¿;3 -:2:¿--~~ D&1e of Req U8.1t e For conrpJet/on by City only CS I D# 0* ROC8IW'-.1_. Reœ_ved by ~.$pon$ibie Department Rc-spcr&e Re<::OtdsReceivcd fro"" Dtpt: __... ~Jace Di$Ck:;S8~ to Req...esLü( F_: ~ tor R.""- o~· C.~' AUDrne\I: Q Yes ~ NO Dine ...,t 10 City A~: R~qLJìrcs RuJing Jrom A:tu:ney Genfll'al: L] yas 0 NO Dale &Jbrmtle<l to Attorne~· Genéral· .A.Horne~: Getle:a~ Opinion _ (nurr:bet) received on _. C om meflts~ e . e -- " I ·1 . :O;j - ).. ~ - ;;;ì.L?o Þ I-~I.. Vt!..r 11 ~ ¿;~l-eLn ·'(11:;'1 6nerð.ld {i¡ f'(!,!e... ·7·101''7-~ ,{.'olr~'IJ fI,'ls, 7ix~ 7t IF¿) ¡ f,1 +- Y p ~ ~îor+~ 1</ (! h /(1. nd ¡'¡',' / f:;. ~ ·br..¡/, Jå:: ¿ (¿2 II d If; / b. 7X ¡¡f¡Ç"/ ¡¿ø¡keN -C,.. cI..?CIo7Ure. IJf p~ Ûc- j~t'rd7 ! þODt.J.H....£J"\+ . t). D&K:'fA./'1I ¿ rf-S frj Dr +z, . ,(!OJ'lS-f-rL!t! fl()11 o+-· }:-nler¿:Jd Lct.. k~s "';-!,¿;l-+. þo J'J1 ¡) 17 f.,V ; -1-1, C,'''¡'' y. CAt'.- ('~.,. ) 10,.. -1-11 1.(,' c..4 ~/1c1 .~/: 1/.5~ -re Xets Dr.d; /!Æ/la.e. J:J..~ Sec-+¡t>h L9 .fJÇJt'/~ I ~J1d..5 t':'lJd Lak£..5 o..di?p7(!!c/. Cn5 e.r+ed) V;¿ -0'1- 19 '-1'- CIA rr-e,,+ O-ncl un c--Jut.112 eel .~ cJ~. I}-I ¡:::- fJ.t£1? nJ.Ir i~~ t./e-d by .! t./ 1-y Ð +- ) lof""¡"1, J?; C!J¡ {PJ}d f/,' /b, ~d..5 .~ sµc.h a.. {J..t2.rI11i--1- b/!!..5 no-J- ex ¡sf- a.5 r-ee¡ú-i r-ed by C,.t.y (2(,¡a.r-fe.r (] J..Jy o-f-. !1(J~ R,·rdl/4.lld ¡..¡..,' lis I ~~ I -:z: r-e1 u ~~ + f /e.+f-e,.. ...ç. 1"0 n, ...J-h e C!,'..f-y o-Ç J 70 r-/-A !f/ c./¡ k lId '!#; II~ I ~XŒ.5 ~---&-li1:l +kd- ...ç~1' ,rs'-'-c J, C\..... P e· r t") I i-J- t"tj r ~7 II'. ired b / C J +1' (!jlA.,,......fe r iþl'dill(Lnc.~ I~ Se.c..f...Ipl') Ie¡ IJ~ f)£)+-J,,;,5u&.i d . ! . i I ~.~~-~ '\ . . . . -."- c..of>~ ~ c-t.J... \2 L '~ ~Z3 12..1 q } I~(i+ ARTICLE XVI. (continued) ,... ~.. City of all cl&'in. they r;lGy l1ave agalIult the ~I,)ntractot' on .1.CCOl1t\t of such work. 4nd whe.o S\JCP notice ha i baen g1'i2'Ø, the City .ball røt:~in .Qn amount from any funds Que tbe contr~otors. šu1ficicct to &~t1sfy such claims; p~u- \fided thl1t: 8ucb notice D1U,t be BlvGn at &uy time Qfte:t such intIebt.edn88s h~- c~.e5 due .~d before the Citytø fin.l settlement with tb. contractor; and provided furtber. th~t no ~ontractor or iub-contractar ah.ll issue any ChCC~9 on, or OD account of. nny public ~crks 0: said City. SECTION 18t BUILDING PERMITS. The City of No~tb Ricbland Hilla shall nave power to prohibit the eTectlon or con~tTuction of any bu11d1n3 or st~ucture of any kind ~1tn1n the City of N~rth Rlchlco.d ~llls wichaut t1 pCDulc first hí1\*'in! been !.IUlued by tbe City fQ~ the construction or etéction of 8UC~ building or structute. and may ~utbor1ze M fee to be charged fc~ 8uch pePmit) and in pu~au.nc. of Baid &utharLty mJy .utborite the !ñ~pection by the r.tty of ~11 buildings or structures duricg the procr~ss of the1~ constructlon and ~y require that all bu11d1ng& sh~ll be coastructed in conformity ~itb tbe building code which exists in said City or shall hereafte~ be passed. T ~: e, (J ~~.·r ...-: '~~'.' :t." :~ . ~'¡;-< .- :.~.: .~". ~,~... ~ :J..t.i:c1f ~!·he! City of NOrth Richland Hilts &ball have power to control or prohibit the ÇOfHJ truc.tion or pool., . pond. O'l' l.IJke!!i, 'receivinc ~'lJøter from a rccog,ni~ablè st~e"~m, creek. bI:a nc: h or n.ctural 4jr.a1n4ge. The City may control locat ton J ~ "n- Btruction. bei¡bt of structure, depth and 81&Q of body af ,-,,¡Iter to bø impouT\ded. No pool. po~d or lake~ receiv~ng water fram a rQeQ8ni2.bl& atreamt çr..k. br~nch Ot natural drainage, shall be constructed w1tbout first obtaining a permit 1ssu~d by the CIty. SECTION 20.. BONDS OF CITY OFFICIALS I E'M:PIm!:E, OR DEPJ\Il'11Œtrr DIRECTOR. In addition to any bonding pro~lsionl herrin provided, the Council ð~Y r~ quire ~nr city officlal. geplrtment director 2! ~ity employ~.. before enterins upan hie duties. to exec~te a good and suff1cleut bond witb a surety cornp~ny doing bU8ine55 in the St4te of !exas. and approved Þy th. Cguncil~ qS ~urety thereon. s~id band to be in aüch a~o~nt &1 tbe COQncil ~y den3nd. p~YÃb18 ta th. City o~ M'rth aichla~~ ~il14 and ~ondit1oned for ·t~c f~1thful perlo~nce. :0£ the dutle. of his offIce; premuam of ,uch bond ~o be pa~d by the City. . ) SEcn ~~: 21. ]30t-lDS OP ,CON! RI.CTCRS . . <.' ¿",: /j ":~{': . ,. .' . . !'he 5~\'e=-nl.ng body of the City o'f Nortb' Rlchlan..:t Hills ~ sr;al'~ "rr.!qu!t"e rgood' . 4~ sufficl&Rt ~ond. of ~11 çontr~ctor8J ~1tb a gQCa ~orparate .ur.ty.thereo~, acceptablM ta t~e Bove~ning ~Qdy af the City of Mcrth ntchland Hills. S E' CT I ON 22. ~J.~Ni)ME m 0 F 'I f.E C !iJ'.RIER. this Cb~rtcr ~y be amcndad no aore thnn 'o~e every two (2) years &E provided b~, the l~..~s øl t~e St:ate of Te::tal. " SECT! ON 23. ::Ot-~STRuCrlorl OJ! tHt CHAUTEri.. . I In wo~din~ of t~e Ch~~ter. the use cf the 'i~ßulcr number sh~ll i~~lu~œ th-. pluralJ and the plur~l 8h.::ll include the si~\jl~r. ~ ~\'Qrd. used in fhe I1aIc.uliœ &'U'nI8.r sh .l~. ;~.r.-=ludli! t~e feu:ine alfo. urcle~8 b~! r:e...~~n.bll! çonstruc::t!c~r1, i.. .oIIn".~-r~ tMr ~\lr.h W.3 S not: t~e 1ntcnticn of this Ch~rt.r t . -- . CPf~ b\ o.<~~ ~ ~ ø.Jl.i(\~$ ~O~TH RICln..\.~D HtLLS A1t. XVßlþ I 11 con..ttl.1CtiOn and m a1 taquir& that an b\lÍldinp sball be coDSWcted in wnt'maity with the build- ~ coda 1I't»ch .øte in aaid city 01' .balL horIJ· tel r he Palled. _ )' Tbs City of North 1üchtanð Hi11a .tWl bave po'Wer to control or probihit thD tonltnu:tiœ of pools. ponds 01' 1ak8l. nøtvinl ",.ter &om. 8 reeo¡ni~a'ble 1tJ"U1D.. creek, btuch or na.tural drainalB. The city ø.ay controll~atiun. «)nJtruc· dC1lt bei¡bt atair\JCtU1Øt depth and me ofhody 01 ..a.ter to be itDpounded. No pJ01. pond or lab. receivin¡wa.te1' from. 1'8copi!.eble.u.aJn.. creek., Dran~h or natural drain8C". iha1l be eo~ withou.t t~ Qbtainini a pennit. blued by the city: Section 18. Bouda or city otftdd., emp'o,-ee, or departuaent, ðb'ector. In addition to aD7 bondinl pcw1Iiuna herein ~vidød, tha council ma11'e1lWte &n7 city ct1ici.al. depart.ø1ADt ~t OT dty emplOJN. before 00." terinl upon biø d.ut.iøl. to uecuta a pod and Raffici8At bond with a euretJ eompany dcrinlf b'aai- þJ!8. In ~ State or Tuø IUld appro~d by the c:ounci~ u surety theT_OIlt laid bCJDd to b. in IUth mncnmta aa tha co~ may cI.eJnend, payabi. to the City of North Ri~h1and HiUa. and eondit1œed for the følthful performanOl of the duU9 of ht.ø oIica; preørl1UD of IUCh bØDd to be pa1d by thl cit)P. Beøt10D 10. Boød8 Dr CODtra1':Hrt. ~ pmúnl body DlU» Cit! of Notth Bit:bW1d Hilla IbaU requite gQQd and. auffi ciQ.nt bondI of an contr.etod. ~th a lOud corpCJr&ta suretY thereon) ~bl. to the aowmìJ\l' bxl1 of thl City of North Ricb1and Hilla. Seoi1os 21. AøeDc1I8ent. 01111- Chari-. Thil Ch.artet may be am~nded no more than ooœ ~er,¡ two (2) yaara.. pJQfLd.ed by the kW'1 of the ~tata ofTesu. I Bedtot1 IS. Con.traaUon 01 ¡.he Charter. I ~ wordln¡ uf the Cba.ttar, th8 uee of tha aingu1. nU$blt' .hall Œcludl tbe plural. and the p1urøl .bøJJ include the ainpar. Warda 11IDCi in the mutuUns ¡¡end.. ~ include the fenUI BlI5lJ. un1.- by l'êuanab1e conitTuction. it pears that such -,ral oat the intan'ÛQn of Charter· ARTICLE 'JJ1 SAVING CLAUSE) ¡:r. Section t. Savini clau-, ate. All pow_tl g1anted heretoÍOTe t.c citia hereby pre¡eñed. In C468 of any irrecnnc eœtlic:t betWeen the provi¡ionø 01 this C! and B.D.y superiot law, the pcwem of the dt it.a officen !Shall be ø defined in luc:b fU la WI. In tase of D11)' inlulftci.ency Dr' orolaaio be 8up~iød by l"r.rence to tbe generalis. WJ p tDV'iswna or tha lleEUlra11a\9. are luu-eby aë and the city ahal1 ha'" ond edrciaa aU pOWÐJ'1 that it cou1d have ata:¡wrad by ex dDpÜ1\r and inCorparllltin¡ into thia Cbs: or the ]1rovtøîuo.l of ~ucb auperi 01' and i law-. it beinri the in.ten t or this ebB ti;(!r 1.wtül p)_er oftbe city absll fal1 becøu.~ cmi.lion, inaDfticieney or Invalidity o! any or pœ1iona or thil Charter shaU not in · aflKt the remainder of the Cb a.rl.ør, but f .haD be con,trued ø if ado¡ated with tiucl aDd/or portions 110 found inva.lid or ímpo' ARTICLE ~ VOTE ON PROPO caARTBR Section 1. Vote on pro pQted Chari- (1) Tbi5 Cbartet ¡baD be 8ubmitt' qual11l.d yotera or th. city for adopüor dan 00. Novembet 3t 1964, at whieh til mejorlty or the qualiñed votGra votin ..lec:tion ..hall vatQ in favor or the adopt Charter, ít &haD then ilOIl1edil1tely b Chatter U1d gogerninl laVf of tho am.ndod ot repea.led. (2) It being imprlctica1 to Dubmit t1 by .actionJi. it. i. hereby pre scribed th or ba110t to ba u! ad in such e 1 Bftion roUaRi. to wit: CHT:92 . . . NI~H CftIC~ Of the City Sccreti:lry CfrY OF I\OR TH RICHLAND HIT .tS March 28.2006 Ms. Laverne QiSteen 8429 Emerald Lakes North R;chland HiHs, TX 76180 Dear Ms. O·Steen ~ My office received on March 22.2006 your open records request far the followfng re cords: Document or documents prier to construction of Ememld Lskes that comply with City Charter North R;chJand Hills. Texas Ordinance 122 Section 19 Pools, Ponds and Lakes adopted (insel1ed) 12-09-1964 current and unchanged to date. THE PERMIT jssued by the City of North Rich/and Hills, Texas. The documents you are seeking, which constitute a perrna1 are comprised of 279 pages. In scoordance with Section 552.261 of the T eX88 Public r nformation Act and ihe Texas Building and Procurement Commission Guidelines. the 0081 to obtain a copy of the documents is $162.50. A writ1en itemized statement detailing 1he charges is endosed. Please submit payment to my office within ten business days if you accept the charges and would like to proceed with Furchasing 1he copies.. If you have any questions or ff I may be of f(jrther assistance, please let me knOYi. Sincereryy Oæ«íâå.~ Patricia Hutson City Secretary Enclosure OR 2006.Q32 p.o. BoJc 620609 * Nar1h Ricnllmd H.II¡.. Texas ,. 7(;182-0000 1301 No~heast Loop 820 · t817~ 42"-6DeO 'II rax (817) 427 ·00" 6 . . - NRH ~~:~y~~~~~;~ RICHLAND HILLS P.o. BDx 820609 North Rjch'and HHJs, Texas 76182-0609 817-427-6060 fax 817-127-6016 STATEMRNT nNeme TO::.a~.!M q,steen _. ----......1 [ [Cate 3I2~006 .-J Address 8429 Emerald Circle . City 'NÖ:-RjChI8¡¡¡n!¡~ Stale .IX --Z¡P76180 ... - . i ---- ,,--Pt"cne _ __ d _ --. '''-'. j- Qty . 'operïRecOfds ;~:~;;o::r~;~~ r un'f'Prïc·l~--.!ÓfAL . .. 1 : Copy cosl: I I I 260 'Slandard size pages $O.1C ; S2e.OD : 19 Specialtv pag~ $13.CO $114.00 1.6 Labor $15.00 $22.50 : I I ! _L___.....____ I _..--1.. Total! . ~62,50 IN ACCORDANCE W1TH Ti-/E 1E.1ú1S PUBLIC JNFORMA nON A Cr: A RESPONSE IN WRITING MUST BE RECEIVED WITHIN TEN DA YS OF STA TEMEN'T DA TE OR REQUEST WIlL BE CONSIDERED TO HAVE BEEN AUTOAlA 1lCAlL Y W1THDRA"'N OR 2006-032 . ~ . CITY OF NORTH RICHLAND HILLS Department: Communications Presented by: George Staples Council Meeting Date: 4-10-2006 Agenda No. F.2 Subject: I nformatio n and Reports Report from City Attorney Regarding Legal Clarification of TXU Settlement Agreement . . , INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2006-040 ^ ,'\ Date: -<.:: ::=- .. t Subject: " April 10, 2006 Report from City Attorney Regarding Legal Clarification of TXU Settlement Agreement As you are aware, during the last City Council meeting some legal questions were raised regarding the setting of electric utility rates and the impact the settlement with TXU Electric would have on the rates. Attached is a copy of the I nformation Report dated March 31, 2006 that Council previously received as well as the response provided by Geoffrey Gay, the attorney who is representing the Steering Committee of Cities Served by TXU. City Attorney George Staples will make a brief report during the I nformation and Reports portion of the April 10 meeting to provide further clarification on this issues. Respectfully Submitted, Larry J. Cunningham City Manager --- ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR# 2006-038 ~ Date: -= ~ ~ Subject: March 31. 2006 Explanation of TXU Rate Payments This Informational Report is being provided to Council to clear up possible misunderstandings conr;erníng the Extension and Modification of Settlement Agreement with TXU E~ectric Detivery that was approved by Council at the March 27. 2006 meeting. Council is aware that we asked Geoffrey Gay (the attorney for the 109 member city Steering Committee) to make the presentation in the March 27 worksession so that Council couJd ask queslions to make sure you had an understanding of all the issues. Following his presenlation. he invited questions of Council. However! legal and rate-making questions were asked of Karen Bostic during the regular meeting that were better suited for Mr. Gay, as he was the attorney who assisted in devedoping the setUement agreement. The result of this dialogue without the attorney being present led 10 confusion as to what does and does not become a consideration in a future rate case. Attached to this IR is a memo Mr. Gay has prepared to help c~ar¡fy same information which he wouJd have gladly responded 10 when he was here in person. I think it is important to note page two of the memo where Mr. Gay states in bold type UNothing in the Settlement Agreement gives the Company the right to immediately increas9 any rates." Ratemaking is a very involved and complicated process and Ihere are very stringent requrrements as to cosls that can and cannot go into a rate. To make general assumptions and comments about these matters create unwarranted and Inaccurate statements that cannot be substantiated by fact. That is what I attempted to interject when the legal and ratemaking questions directed to Karen were being made. I was attempting to explaín thai some costs of a Utility are excluded from being included in a rate charged to customers. All expenses of a utHity cannot go into a rate base. This is reiterated in the third paragraph of Mr. Gay's memo. It could have easily and quickly been responded to by Mr. Gay at the worksessÎon, as he is a known expert in this specialized area, if the question had been asked when he was present. The $8 million annua( payment to the Steeríng Committee is a reimbursement to Citjes for overcharQes related to street liahlinQ and water DumpinÇJ electricity rates. The payments arê to offset overcharges until a final order in a rate review caSe is tssued by the Public UtiHty Commission. Because TXU agrees to support a change to the rate structure for municipalitiesÞ street Ijghting and water pumpíng should be placed in a more favorable rate category with the final order, thereby saving all of us as taxpayers many dollars annually. The $8 million annual payments made bv TXU are not expenBes that TXU wUI be ab~e to caoture in a future rate review case. 'n the attached memo) Mr. Gay slates '·While the Company will make cash payments to Cities in 2007. a guiding principle of regu]atory accounting is that non-recurring costs are excluded or disallowed. Additionally, payments made to resolve or avoid litigation are s.uspect.. particuJarly in a situation where payment was made on a claim that the Company was over-earn in 9 . " The $18 milUon that TXU has agreed to pay the Steering Committee to be used for -beneficial public use- is ~n Ueu of uncertain residential rate reductions stemming from litigation. TXt).. wj!l not be able to cacture this expense in a future rate review case. Mr. Gay slates -¡Most payments under the Settlement Agreement are non-recurring. made for the purpose af litigation _ 1SSUED BY THE CITY MANAGER NORTH RICHLAND HILLS~ TEXAS . . . avoidance. assocjated with rate desjgn rather than revenue requirements or directfy linked to allegations of over-earnings and wHJ not impact future revenue requirements determinations." According to Mr. Gay "The only aspect of the Settlement Agreement that may influence future rate setting is the franchise factor increase for all cities served by TXU that may add about $12 million annually to the Company~s cost of service. This cost factor is notljkely to lead to future rate increases.ÞJ TXU has agreed to the adjustment to the fee factor as a way to compensate cities for the increasing cost and complexity of managing utilities ín public rjghts..of-way. Mr. Gay makes some very important points in his memo. I think it is worth repeating &LNothing in the Settlement Agrø9mønt gives the Company the right to immediately increase any rates.·' No rates will change untif a final order is entered sometime in late 2009. I would strongly encourage Council to clarify with citjzens with whom you have contact that the settlement agreement approved by the 1 09 cities jn the TXU system - 1) does not authortze any resjdentialJ or other, rate increase; 2) the $8 mHJion annual payment to the 109 citjes is a reimbursemeni of overcharQes rerated to street lights and water pumping electricity rates; 3) the $18 mi11ion TXU has agreed to pay the 1 D9 cities js for public use and is in lieu of uncertain rate reductions stemming from litigation; 4) TXU will not be able to recapture or recover these payments to the 1 09 cities in a future rate reauest; 5) about 700/0 or more of residential customers in North Texas remain on '¡price to beat" rates which under the faw, cannot change except for fuel factor adjustments authorized by the Public Uti1ity Commission. in my opjnion, our citizens deserve to receive factual information about all matters, and it is incumbent on aU of us to insure they know the results of the approved settlement agreement, and that this will not increase thejr residential rates. To say otherwise is to purposely misstate the resu¡ts of this agreement and the work of the 109 cities. Respectfully submitted, ~Jt{ro; Larry J. Cunningham City Manager " Attachment ~ Lloyd ¿ ^ T Q~~~s~I!I!!s 81' Congr-e:s Avenueþ Sukte 1900 Austin. Texas 18/0 I Tefepnooe: (~12) 322·~BOO Facsímile: (5'2) -472.0532 www.lgI3wfirm.c:cm Mr. Gay's DirC\:t Liue: (5 12) 322..~ R75 Email~g!U\~(~11glawfínn.com MEMORANDUl\'I TO: Karen Rostick .FROM: Gt'ul1rt:y Gay DATE: March 29, 2006 RE~ Future l{ate Impact of Settlement With TXU Distribution Electric You hav~ requested that I comment on severa] representations being made regarding the Senlement Agreement between the Steering Committee of Cities Served by TX1J Electric Distribution 8t1d the Company. , North Ríclllalld Hills is a long tiJue Illeulber of the Steering COlnrnjttee ur Citi~~ Servt;:ù by TÀ.'lJ. TIu;: St~~ring Cummiu~~ has fuught fur affordable electric rales on behaLf of customers in North Texas for over 17 years. As a result of Steering Committee efforts over the past five years. TXU has written off approximatcly two billion dollars of investment and given up the right to recover more than one hH1ion dol1ar~ directly from rat.epayers. In contrast. cit.i1:ens in t.he Houston and South 'fexas cities face 1110nthly surchal-ges of $5 to $10 fOT tlle next decade. Ecollon1Ïc d~v~1opJIlt:nt wuu]d b~ siaUt:ù anù ~lt:~tri(; ral~!!Þ in lht: NorLh T~xas area wuulù Ù~ significantly higher than they are today if not for the advocacy and settlement efforts of the Steering Committee and North Richland Hills. It is irresponsible to contend that North Texa.s cities have added to the electric rate burden on customers by settling this rate casc. If anyone suggests that by supporting the settlement, a Steering Committee city has agreed to ··heJp '1 "XU seek future rate increases tÌ"onl the citizens/: they either do nOt undeIStand rate111aking or they are ù~lib~rat~ly mi!)r~pr~£t:nling tht: facLs. It appears that there is some concern that the tenns of the Settlement Agreement will lead to an increased revenue requirement of the Company when a rate cnse is filed in 2008. Rates are set on the basis of 12 months of historic data called a titest year." The Settlement Agreement Pl-escribes that the test year for future rate settLn~ will be the calendar year 2007. '^, hile the Company \\'ílJ makt:. ca~h paYIIl~nL~ lo Cities in 2007, a guiding pril1ciplc of t-egulatory accounting is that non-recurring costs are excluded or disalluw~d. Additionally, paYIII~ßt~ rnad~ to resolve or avoid litigation are suspect, particularly in a situation where payment was made en a claim that the CompÐny \vas over-earning. Most payments under the Settlement i\grecment arc non-recurring, made for the purpose of litigation avoidance. associated with mte design ra.t.her t.han Tevenue requiTement~ or directly linked to allegations of over-earnings and will not LlOYd Gosselinl< Blevins RochelJe & Tovvnsend. ~C. . . , . Page 2 March 29~ 2006 impact future revenue requirements determinations. The only aspect of the Settlement Agreement that may influence future rate ~ttlng 1S the franchise factor jncrease for all cities seIVOO by TXU that may add about $12 million annually to the Company~s cost of service. This cost factor win not likely lead to future rate increases. Rat.ernaking is baseù upun a Lest of historic data, adjusted for known and measurable change~ to determine whether revenues from existing rates should be adjusted to cover revenue requirements which include reasonable and necessary expenses plus a return on ínvc~tor supplied capital, plus taxes. The fact that one area of costs goes up (i.e. a sligllt increase in franchjse fee expense) does not entitle a company to an increase in rates~ particularly if revenues are increasing~ cost of capital in financial markets is declining. efficiencies arc improving (cost per customer is dcclining)~ investment is stable or trending down or expenses are he1ng cut.. Even if a11 aspects of the Settlement Agreement could be legitimately reflected in a fulure revenue requirements calculation (which is not going to happen in this case), the Steering Commit.tee nonetheless has tIle expectation of arguÎ11g for and realizing fate reductions when TXU files its 2008 rate case. Nothing in the Settlelnent AgreeUlent gives the COJllpauy tbe Tigbt to illl111ediately increase any rates. No rat~s will change before a final order is entered in the case to be filed in June 2008. Since it lakes at least a year to mo\;e from the filing of a rate application to a final order of the Public Utility Commission. there will likely be no rate change before the end of2009. Apprux.im~lt:ly 70 pc::rcenl or mure of r~sidc::nlial CUSLom~rs in Norlh T~xas r~main un price to beat rates which under law cannot change except for fuel factor adjustments authDrized by the Commission. The primary reason why the Steering Committee decided to settle \vith TXU was the facl that there t.,xistcù no law CuI or praetic~l ba~;Ìs fur getting rate reli~f 10 th~ majority of the residential class. There was ;ignificant discussion among city· representatives on the Executive Committee regarding the probabilities of success in bringing some measure of re 11ef to residen tia 1 Cll ston1ers. The Steering Committee and North Richland Hills have saved residential and other classes of customers many millions of do Hars and win cC1ntinue in that consumer advocacy role in th~ rat~ cas~ that is now s~l to b~ 1i1~<.l in Jun~ of2008. 1669\: 3\2006 sett1ement & re1 ated docs\memos\mmo060329gmg LJo~'d <Josselink Blevins Rochelle & 1t>wnsend, P.C. -- , . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Whitson Council Meeting Date: 4-10-2006 Agenda No. F.3 Subject: I nformation and Reports - Councilman Whitson Announcements and Kudos Korner Annou ncements The City of North Richland Hills will help the University of Dallas open its new Tarrant County Campus at on April 18th. A ribbon cutting and open house is scheduled at 4 p.m. at the campus, which is located at 8251 Bedford Euless Road, Suite 231, on the second floor of the Havertyls Building. The public is invited to attend. For more information, please call 817-427-6090. The City of North Richland Hills continues its free concert series at Green Valley Park, 7701 Smithfield Road. Join us at 6:30 p. m. on April 21 st for music by Drop Trio and Fingerprints. Admission is free. Please bring your lawn chairs and blankets. For more information, call 817-427-6600. The Texas Department of Transportation has scheduled a public meeting from 7 to 9 p.m. on April 27th to provide information regarding the widening of Loop 820. The meeting will be held at the Richland Hills Church of Christ, 6300 NE Loop 820. For more information, please call 817-370-6594. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Gary Bechtold and Rob Elder, Parks Department An e-mail was received from the NRH Soccer Association President thanking Gary and Rob for working with them on the soccer fields. The e-mail said the employees were very responsive and helpful on items that were requested. . , . Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 4-10-2006 Agenda No. F.4