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CC 1993-06-28 Agendas
I II I- I I I I I I Ie I I I I I I I I- I CI1Y OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JUNE 28, 1993 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. I NUMBER I ITEM I ACTION TAKEN I 1. PS 93-09 Public Hearing to Consider the Request of Glenn Harvey Norman III for Replat of Lots 6 and 7, Block 5, Morgan Meadow Addition (Agenda Item No. 11) (10 Minutes) 2. GN 93-83 Ordinance Repealing Ordinance No. 1893 - TV Electric Franchise - Ordinance No. 1897 (Agenda Item No. 13) and GN 93-84 Ordinance Extending TV Electric's Franchise - Ordinance No. 1898 (Agenda Item No. 14) (5 Minutes) 3. GN 93-85 Consideration of Resolution No. 93-30 Authorizing the Submittal of a Texas Parks and Wildlife Department Grant (Agenda Item No. 15) and GN 93-86 Approval of Concept Plan for Green Valley Community Park and Authorization to Proceed with Design Development (Agenda Item No. 16) (5 Minutes) 4. GN 93-87 Adoption of Family Aquatic Park Enterprise Plan (Agenda Item No. 17) and GN 93-88 Authorization to Proceed with Design Development of the Family Aquatic Park Enterprise Plan (Agenda Item No. 18) (5 Minutes) I 5. I Other Items I I 6. *Executive Session (45 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition I ~- I I I I I I I Ie I I I I I I I I- I Page 2 I NUMBER 7. ITEM ACTION TAKEN Group Portrait - Mayor and City Council (10 Minutes) I Adjournment - 7:20 p.m. 8. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. I ~- I I I I I I I Ie I I I I I I I -- I CI1Y OF NORTH RICH LAND HILLS CI1Y COUNCIL AGENDA JUNE 28, 1993 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/ or action. I NUMBER ITEM ACTION TAKEN I I 1. Call to Order I I 2. Invocation I I 3. Pledge of Allegiance I 4. Minutes of the Regular Meeting June 14, 1993 5. Minutes of the Special Meeting June 22, 1993 6. Presentations by Boards & Commissions Park & Recreation Board Minutes I 7. I Special Presentation by Mayor Brown I I 8. Removal of Item(s) from the Consent Agenda 9. Consent Agenda Item(s) indicated by Asterisk (12, 13, 14, 19, 20, 21, 22 & 23) 10. PZ 93-08 PLANNING & ZONING - PUBLIC HEARING - Request of the Planning and Zoning Commission to Consider Rezoning Tracts 1 Through 4, Tract 6, Smith Addition and Tracts 2F, 2G, 2N, 2P and 2V, J. Condra Survey, Abstract 311 from R-l to R-l-S - Ordinance No. 1896 (Located at the northwest corner of Douglas Lane and Hightower Drive) I ~- I I I I I I I Ie I I I I I I I , I Page 2 I NUMBER I ITEM I ACTION TAKEN I 11. PS 93-09 Public Hearing to Consider the Request of Glenn Harvey Norman III for Replat of Lots 6 and 7, Block 5, Morgan Meadows Addition (Located at 7740 North Forty Road) *12. GN 93-78 Consideration of Water and Wastewater Impact Fee Three Year Review - Resolution No. 93-29 * 13. GN 93-83 Ordinance Repealing Ordinance No. 1893 - TV Electric Franchise - Ordinance No. 1897 *14. GN 93-84 Ordinance Extending TV Electric's Franchise - Ordinance No. 1898 15. GN 93-85 Consideration of Resolution No. 93-30 Authorizing the Submittal of a Texas Parks and Wildlife Department Grant 16. GN 93-86 Approval of Concept Plan for Green Valley Community Park and Authorization to Proceed with Design Development 17. GN 93-87 Adoption of Family Aquatic Park Enterprise Plan 18. GN 93-88 Authorization to Proceed with Design Development of the Family Aquatic Park Enterprise Plan I *19. GN 93-89 I Property Tax Refund I I *20. PW 93-25 Sidewalk and Driveway Repair - Ordinance No. 1895 *21. PW 93-26 Set Date for Public Hearing on Bursey Road Sewer Improvements *22. PW 93-28 Approve Change Order No.1 for Calloway Branch Channel Improvements, Phase II - B *23 PAY 93-19 Approve Final Pay Estimate No.3 in the Amount of $76,457.99 to Hall-Albert Construction Company for U.S. 377 Utility Adjustment, Phase 2 I ~- I I I I I I I Ie I I I I I I I I- I Page 3 ! NUMBER I ITEM I ACTION TAKEN I 24. Citizens Presentation 25. Adjournment POS1'ED ~ ~ì 6'_ ~.~ to ~ ~ - c..":'/ ~ -,' ...:::::> Date 9 ~( (j /9,. fr( , '1"'. ..nne ..Iì City S'.;~retary t: ._ _ ~~ ----....- ----....-...--- I I. I I I I I I I I- I I I I I I Ie I I INFORMAL REPORT TO MAYOR AND CITY COUNCIL N IR 93-87 o. Date: June 28, 1993 Subject: Petition Regarding Soccer Field Attached is a petition signed by residents of eight households adjacent to the proposed soccer complex at Smithfield Road and John Autry Road. They are requesting an eight foot brick barrier with trees and sidewalks. The residents will be at the Council Meeting Monday night. Respectfully submitted, Attachment JR/gp ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS I I. I I I I I I I I- I I I I I I Ie I I .:' . (2 t?¡r{ ~~ ;' - .-, /J-......... !'." J/ " '~ PETITION WE. THE UNDERSIGNED RESIDENTS WHO EITHER FACE OR FRONT JOHN AUTRY ROAD. WISH TO INCLUDE IN THE DESIGN OF THE PROPOSED SOCCER COMPLEX AT SMITHFIELD ROAD AND JOHN AUTRY ROAD AN EIGHT FOOT BRICK BARRIER WITH TREES AND SIDEWALK FOR AN AESTHETICALLY PLEASING VIEW AS WELL BROUGHT ON BY SAID SOCCER COMPLEX. AS PROTECTION FROM NOISE. TRAFFIC. AND REDUCTION IN PROPERTY VALUE 110~ :m hAL ~ f±- ()~¿ ~~~ B~~ --- 77/1- 7ðf!rV 11 cJ í!J Y .~~ QLJ~ y 71Jú _ ~ tJ rllrJJJ1 ~ q' --1~ rð ð'hu' ,..&v7' I' I. I I I I I I I -I- I I I I I I I~ I I City of orth Richland Hills SUPPLEMENT TO TRANSMITTAL LETTER TO MAYOR AND CITY COUNCIL June 22, 1993 A petition signed by approximately eight resident households requesting an eight foot masonry screening wall between the proposed Green Valley Community Park and adjacent property owners on both sides of John Autry Drive was received at City Hall on Monday, June 21, 1993. A basic masonry "thin" wall installed on the south and west perimeters for the park, in lieu of or replacing privately owned backyard fences would cost approximately $132,000. The proposed concept plan for the park includes extensive berming and landscaping along to the south and west perimeters of the park. The proposed concept plan includes landscape screening along John Autry to control vehicular/pedestrian access. A combination of berming, trees, and shrubs will create a "living " screening wall at a fraction of the cost when compared to a masonry screening wall. site preparation and grading will create an excess of topsoil which can be used on-site for berming, rather than paying for costly removal of this fill material. Irrespective of a masonry wall, the cost of turf establishment and irrigation remains the same and there is no additional long term maintenance impact for berming and landscaping since mowing areas would not be decreased by inclusion of a masonry wall. staff and the consultants believe the most efficient, cost effective, and ideal solution to buffering adjacent property owners is through berming and landscaping. Of course, each individual· property owner would retain the privilege of installing their own privacy fencing on their property should they so desire. Respectfully Submitted, r---~~~ Jim Browne Director Community services Department BT:gg (817) 581-5500 · P.O. BOX 820101 · NORTH RICH LAND HILLS, TEXAS 78182 I Ie I I I I I I I Ie I I I II I I Ie I I MINUTES OF THE REGULAR MEETING OF THE CI1Y COUNCIL OF THE CI1Y OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CI1Y HALL, 7301 NORTHEAST LOOP 820 - JUNE 14, 1993 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order June 14, 1993 at 7:30 p.m. Present: Tommy Brown Lyle E. Welch Mack Garvin Mark Wood Jo Ann Johnson Ray Oujesky Byron Sibbet Linda Spurlock Staff: Rodger N. Line C.A. Sanford Randy Shiflet Jeanette Rewis Rex McEntire Greg Dickens Councilman Sibbet gave the invocation. ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Councilwoman Councilman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING MAY 24, 1993 APPROVED I Ie I I I I I I I Ie I I I I I I Ie I I June 14, 1993 Page 2 Councilwoman Spurlock made the following correction to the minutes: Under Citizens Presentation add - Council requested that Northeast Fine Arts submit a report every three months to the City Council. Councilwoman Johnson moved, seconded by Councilman Garvin, to approve the minutes as corrected. Motion carried 7-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS No action necessary. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Sibbet removed Items No. 12 and 14 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 & 28) APPROVED Councilman Wood moved, seconded by Councilman Oujesky, to approve the Consent Agenda. Motion carried 7-0. 8. PS 93-04 REQUEST OF VOLKMAN INC. FOR REPLAT OF LOTS 19-R-3 AND 19-R-4, BLOCK 33, HOLIDAY WEST ADDITION (LOCATED ON THE SOUTH SIDE OF BUENOS AIRES DRIVE- AT THE INTERSECTION OF WESTCHASE DRIVE) DENIED Councilman Sibbet moved, seconded by Councilman Garvin, to disapprove PS 93-04. Motion carried 7-0. II Ie I I I I I I I Ie I I I I I I Ie I I June 14, 1993 Page 3 9. PS 93-07 REQUEST OF JOHN NALL FOR REPLAT OF LOTS 14, 16-R, AND 17-R, BLOCK E, SMITHFIELD ADDITION (LOCATED AT 6504 SMITHFIELD ROAD) APPROVED Councilman Garvin moved, seconded by Mayor Pro Tern Welch, to approve PS 93-07 subject to dedication of 13.5 feet of right-of-way. Motion carried 7-0. 10. PS 93-13 REQUEST OF RESOLUTION TRUST CORPORATION FOR REPLAT OF TRACT lR, RICHLAND TERRACE ADDITION (LOCATED AT THE SOUTHWEST CORNER OF EDISON DRIVE AND NORTHEAST LOOP 820) APPROVED Mayor Pro Tern Welch moved, seconded by Councilman Sibbet, to approve PS 93-13 subject to an 8 foot masonry fence & sidewalks on 820 & Edison. Motion carried 7-0. *11. GN 93-79 CERTIFICATION TO REGULATE CABLE SERVICES RATES - RESOLUTION NO. 93-26 APPROVED 12. GN 93-80 CABLE SYSTEM CHANNEL CHANGES - RESOLUTION NO. 93-27 APPROVED Councilman Sibbet moved, seconded by Councilman Welch, to approve Resolution No. 93-27 with the stipulation that channel 7 be dedicated to North Richland Hills Citicable. Motion carried 7-0. *13. GN 93-81 APPROVE "NO PARKING" ZONE IN THE 7300-7400 BLOCKS OF DAVIS BOULEVARD (FM 1938) - ORDINANCE NO. 1892 APPROVED I Ie I I I I I I I Ie I I I I I I Ie I I June 14, 1993 Page 4 14. GN 93-82 ORDINANCE AMENDING TV ELECTRIC'S FRANCHISE, EXTENSION OF TERM, GROSS RECEIPTS AND ESTABLISHING A SPECIAL RATE MAKING FUND- ORDINANCE NO. 1893 AND ORDINANCE NO. 1894 APPROVED Councilman Oujesky moved, seconded by Councilwoman Johnson, to approve Ordinance No. 1893. Motion carried 7-0. Councilman Wood moved, seconded by Councilman Oujesky, to approve Ordinance No. 1894. Motion carried 7-0. *15. PU 93-38 AWARD BID FOR ASPHALT LAY-DOWN BOX APPROVED *16. PU 93-39 PAYMENT TO THE CI1Y OF HURST FOR PRO-RATA SHARE OF COST FOR SERVICES OF A CONSULTANT ON THE ONE-HALF CENT SALES TAX (RECREATION) LEGISLATION - RESOLUTION NO. 93-28 APPROVED *17. PU 93-40 AWARD BID FOR MICROFICHE READER/PRINTER FOR LIBRARY APPROVED *18. PU 93-41 AWARD BID FOR HVAC UNITS FOR THE POLICE DEPARTMENT APPROVED *19. PU 93-42 REJECT BID FOR ON 1993 VAN FOR UTILI1Y BILLING APPROVED *20. PU 93-43 PURCHASE OF VAN FOR TELEMETRIC METER READING EQUIPMENT APPROVED I Ie I I I I I I I Ie I I I I I I Ie I I June 14, 1993 Page 5 *21. PU 93-44 REASSIGNMENT OF BID FOR NE1WO"RK SOF1WARE APPROVED *22. PW 93-20 APPROVE CHANGE ORDER NO. 1 FOR HIGHTOWER BOX CULVERT IMPROVEMENTS @ CALLOWAY BRANCH APPROVED *23. PW 93-21 APPROVE CHANGE ORDER NO.3 FOR BURSEY ROAD PAVING AND DRAINAGE IMPROVEMENTS APPROVED *24. PW 93-22 APPROVE CHANGE ORDER NO. lR FOR THE MUNICIPAL COMPLEX DRAINAGE CHANNEL & TECNOL BLVD. PAVING IMPROVEMENTS APPROVED *25. PW 93-23 AGREEMENT WITH DART FOR WALKER'S BRANCH CHANNEL IMPROVEMENTS ADJACENT TO STONYBROOKE SOUTH ADDITION (TCC-621.84) - RESOLUTION NO. 93-25 APPROVED *26. PW 93-24 AWARD OF BID ON RUFE SNOW DRIVE SYNCHRONIZED SIGNAL SYSTEM EXTENSION; MAY 1993 APPROVED *27. PAY 93-12 REQUEST FOR RATIFICATION OF $5,600 EXPENDITURE TO REPAIR DAMAGED TRAFFIC SIGNAL CONTROL BOX APPROVED *28. PAY 93-13 FINAL PAYMENT TO AWARE HOUSE AND STRUCTURAL MOVERS - $6,800.00 APPROVED I Ie I I I I I I I Ie I I I I I I Ie I I June 14, 1993 Page 6 29. CITIZENS PRESENTATION Mayor Brown presented Ms. Cheryl Lyman, Volunteer for Adventure World, with a proclamation proclaiming June 19th as "Adventure World Expo Day" in North Richland Hills. 31. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor A TIEST: Jeanette Rewis - City Secretary I I~ I I I I I I I I- I I I I I I I. I I MINUTES OF THE SPECIAL MEETING OF THE CI1Y COUNCIL OF THE CI1Y OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CI1Y HALL, 7301 NORTHEAST LOOP 820 - JUNE 22, 1993 - 6:15 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order June 22, 1993 at 6: 15 p.m. 2. ROLL CALL Present: Tommy Brown Lyle E. Welch Mack Garvin Mark Wood Jo Ann Johnson Ray Oujesky Byron Sibbet Linda Spurlock Mayor Mayor Pro Tern Councilman Councilman Councilwoman Councilman Councilman Councilwoman Staff: Rodger N. Line C.A. Sanford Randy Shiflet Rex McEntire City Manager Deputy City Manager Assistant City Manager Attorney 3. RECONSIDERATION OF ITEM 8 ON THE COUNCIL AGENDA OF JUNE 14, 1993: "PS 93-04 - REQUEST OF VOLKMAN, INC. FOR REPLAT OF LOTS 19-R-3 AND 19-R-4, BLOCK 33, HOLIDAY WEST ADDITION APPROVED Councilman Sibbet moved, seconded by Councilwoman Johnson to reconsider PS 93-04. Motion carried 7-0. 4. CONSIDERATION OF SUSPENSION OF COUNCIL RULES OF PROCEDURE, SECTION 6.10 APPROVED Councilman Sibbet moved, seconded by Councilwoman Johnson to approve suspension of the rules to allow a vote on the item. Motion carried 7-0. I I. I I I I I I I It I I I I II I I . I I * Page 2 5. IF THE MOTION TO SUSPEND THE RULES IS APPROVED, THEN THE COUNCIL WILL CONSIDER THE REPLAT OF LOTS 19·R·3 AND 19-R-4, BLOCK 33, HOLIDAY WEST ADDITION. VOLKMAN, INC. APPROVED Councilwoman Johnson moved, seconded by Councilman Sibbet to approve PS 93-04 on the condition that the no-parking signs be left in place. A discussion was held concerning the no-parking zones adjacent to the above mentioned plat. Assistant City Manager Shiflet pointed out that the no-parking issue should probably stand on its own because it was established by a separate ordinance. City Manager Line asked Councilwoman Johnson if she would remove the condition from her motion because it would be brought before the Council before there was any change in the no-parking status. Councilwoman Johnson asked that the condition be removed from her motion and her request was approved by the second, Councilman Sibbet. Motion carried 7-0. 6. ADJOURNMENT Mayor Brown adjourned the meeting to the joint work session with the Parks Board. Tommy Brown - Mayor A TIEST: Jeanette Rewis - City Secretary I "1 e I I I I I I I I'· I I I I I I MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 3, 1993 - 6:30 P.M. Present: Board: Don Tipps Denny stout J. Douglass Davis Bobbie Lambert David Allen Ann Perchard Rick Work staff: Jim Browne Monica Sue Walsh Bill Thornton Gina Gonzalez Sharon Battles Absent ATTENDANCE . ft. Chairman Board Member Board Member Board Member Board Member Board Member Board Member Director Recreation Manager Parks/Public Grounds Manager Secretary vice Chairperson 1. CALL TO ORDER .Tipps called the meeting to order May 3 at 6:36 P.M. 2. APPROVE THE MINUTES APPROVED Mr. Davis moved, seconded by Mr. Allen, to amend the minutes of the April 5, 1993 Parks and Recreation Board meeting. Motion carried 7-0. 3. YOUTH SPORTS ASSOCIATION REPORTS 1. NRGSL (Walter Mead, Commissioner) - No representative was present. RYA (Jamie Davis, VP) - A girls slowpitch league will be held in the summer. Sign-ups for cheerleading will be held early so they may go to camp. A baseball carnival was held on May 1, 1993. 2. 3. NAY A - No one in attendance. 4. ADVENTURE WORLD PLAYGROUND I ~he Board was given an update on the progress of the Adventure World Playground. (Councilwoman Johnson present for this update.) I I 5. GREEN VALLEY COMMUNITY PARK CONCEPT PLAN AND COST ESTIMATES Mr. Dennis Sims, of J. T. Dunkin and Associates, presented the plan and preliminary cost estimate for the project. Discussion was held on the proposed elements of the plan. The Board requested that the consultants provide information on a second restroom facility. 6. RECOMMENDATIONS FOR THOROUGHFARE PLAN REVISION APPROVED Discussion was held on the Thoroughfare Plan for Douglas Lane and effects it would have on City Park. Mr. Davis moved, seconded by Mr. Work, that a recommendation to the Planning and Zoning Commission and City Council be made to amend the City's Thoroughfare Plan to show maintaining Douglas Lane in its current alignment. Motion carried 7-0. 7. PARKS, PUBLIC GROUNDS, AND CIP REPORT Mr. Thornton provided a report of continued maintenance to all parks, public grounds, and special projects covered by both divisions, as well as the status of capital improvement projects. 8. RECREATION, ATHLETICS, AND SENIOR ADULT SERVICES REPORT Ms. Walsh provided a report of activities in recreation, athletics, and senior adult centers. 9. JUNE MEETING DATES AND REQUEST FOR PLANNING WORKSHOP WITH CITY COUNCIL Discussion was held on the dates for the month of June 1993 for a business meeting and a workshop with the City Council to stay on schedule with consultants, preliminary designs, and grant applications. The Board concluded that a meeting would be held on June 15, 1993 at 6:30PM, with the location to be announced at a later time, and to request a workshop with Council on June 22, with a time and location to be announced later. NRH Parks. & Recreation Board Meeting, May 3, 1993 " . } I _I I I I I I I I _I I I I I I I .1 I I 2 I Ie I The following citizens gave their input concerning the Green Valley I community Park and the effects it would have on their neighborhood. Don & Mary Lou Blue I 7704 John Autry Road North Richland Hills, TX 76180 I I I Peggy Golden 7121 Douglas Lane North Richland Hills, TX 76180 I I I I I I I I I I. I I i .... 10. CITIZEN INPUT AND OTHER ITEMS NOT ON AGENDA Mr. Bill Hielscher ·:P. O·;~·~ Box .821371 North Richland Hills, TX 76180 Ms. Annette Lance 7708 John Autry North Richland Hills, TX 76180 The following citizens gave their input concerning trails (equestrian) for city Park. (Mr. Browne explained city Park and the concept plan for Little Bear Creek Trail System.) Lori Ambrose 7101 Douglas Lane North Richland Hills, TX 76180 12. ADJOURNMENT Mr. Davis moved, seconded by Mr. Lambert, to adjourn the meeting. ~otion carried 7-0 at 8:49PM. Do ATTEST: NRH Parks & Recreation Board Meeting, May 3, 1993 3 I I. I I I I I I I Ie I I I I I I Ie I I MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH aICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 7, 1993 - 6:30 P.M. ATTENDANCE Present: Board: Don Tipps Sharon Battles Denny stout J. Douglass Davis Bobbie Lambert Pam Jackson Ann Perchard Rick Work . ft· Chairman Vice Chairperson Board Member Board Member Board Member Board Member Board Member Board Member staff: Jim Browne Monica Sue Walsh Bill Thornton Christina Lopez Director Recreation Manager Parks/Public Grounds Manager Secretary Absent: None 1. CALL TO ORDER Mr. Tipps·called the meeting to order June 7 at 6:33 P.M. 2. APPROVE THE MINUTES APPROVED Mr. Davis moved, seconded by Ms. Battles, to approved the minutes of the May 3, 1993 Parks and Recreation Board meeting. Motion carried 8-0 3. YOUTH SPORTS ASSOCIATION REPORTS 1. NRGSL - (Walter Mead, Commissioner) - No report was given. 2. RYA (Jamie Davis, VP) - The girls slowpitch softball league will begin July 6, 1993. They have had a good response in sign- ups. An Invitational Baseball Tournament for Boys will be held June 19 - 26, they are expecting 20 - 30 teams to participate. 3. NAY A - No one in attendance. 4. SPECIAL PRESENTATION URBAN FORESTRY AWARD The Community Services Department has been recognized by the Texas Forest Service and Texas Urban Forestry Council at their annual meeting. "Project Learning Tree" and the "Tree Awareness Program" .. . ft· . w~th North R~dge Elementary School as a part of our C~ty School Cooperative Program was selected in the Municipal Government category as the Texas Urban Forestry Award winner this year. 5. UPDATE AND REPORT OF FINDINGS ON HIKE,BIKE , EQUESTRIAN TRAIL PLAN Mr. Bieberstein, of Newman, Jackson, Bieberstein, Inc., presented an overview of the preliminary draft of the study and findings to date on the Citywide Trail System Master Plan. 6. FITNESS CENTER FEE SURVEY/RENOVATION APPROVED Mr. Douglas moved, seconded by Mr. Lambert, that the Fitness Center fee structure remain the same. Motion carried 8-0 7. GREEN VALLEY COMMUNITY PARK - REVISED CONCEPT PLAN Dennis Sims, of J. T. Dunkin and Associates, presented a revised concept plan with revisions from input and comments received at the May 3, 1993 Board meeting. Discussion was held. The following citizens gave their input concerning the Green Valley Community Park and the effects it would have on their neighborhood. Myra Hayes 7625 John Autry Nor~h Richland Hills, Tx 76180 Jim and Sandy Schuilen 7833 Ember Oaks North Richland Hills, Tx 76180 Pamela Hoffman Fair Oaks Subdivision Tony Pirrello 7905 Kristina Lane North Richland Hills, TX 76180 Dwayne Leslie 7708 Ridgeway Court North Richland Hills, Tx 76180 Jerry Taylor 7801 Cloverleaf Drive North Richland Hills, Tx 76180 Kathy Kugus Fair Oaks Edition Derek DeGuire 5125 Davis Blvd. Sunnybrook Properties Developer of Bridalwood Parks and Recreation Board Meeting - June 7, 1993 Page - 2 I _I I I I I I I I _I I I I I I I _I I I 10. CITIZEN INPUT AND OTHER ITEMS NOT ON AGENDA Carlos Berry contacted Jim Browne about the possibility of utilizing one field at Fossil Creek Park for the Girls Varsity UIL Fastpitch Softball. Discussion was held. Ms. Battles moved, seconded by Mr. Davis, for the staff to continue to check in to the use of Fossil Creek Park for both the current organization utilizing the park, North Richland Girls Softball League, and the UIL Girls Fastpitch Softball, to coexist using the same facilities. 11. ADJOURNMENT Mr. Davis moved, seconded by Mr. Lambert, to a~journ the meeting. Motion carried 8-0 at 9:05PM. Q ATTEST: Parks and Recreation .Board Meeting - June 7, 1993 Page - 4 I _I I I I I I I I _I I I I I I I _I I I I I. I I I I I I I Ie I I I I I I Ie I I Jack Knowles Walt Tamminen 7955 smithfield Road 7733 Red Oak Street North Richland Hills, Tx 76180 North Richland Hills, Tx 76180 Scott Kunkel Sherry Connaway 7812 Red Oak 6212 Abbott Avenue North Richland Hills, Tx 76180 North Richland Hills, Tx 76180 . ft· Bob Bess Leslie Jauregui 7600 Ridgeway Avenue 7812 Ember Oaks Drive North Richland Hills, Tx 76180 North Richland Hills, Tx 76180 M.F. Martin Carol Paul 7716 Ridgeway Court 7625 Oakridge Drive North Richland Hills, Tx 76180 North Richland Hills, Tx 76180 Frank Fuller Carolyn Robert 7604 Oak Knoll Dr. 7416 Forest Lane North Richland Hills, Tx 76180 North Richland Hills, Tx 76180 Glen Nerwin Glenda Tucker 7724 Aubrey NESA Representative North Richland Hills, Tx 76180 Lynn Roseen Doug Belue 7420 Bursey Road 7704 John Autry North Richland Hills, Tx 76180 North Richland Hills, Tx 76180 William Barnett 7528 Ridgeway North Richland Hills, Tx 76180 8. RECREATION, ATHLETICS, AND SENIOR ADULT SERVICES REPORTS Ms. Walsh provided a report of activities in recreation, athletics, and senior adult centers. 9. PARKS, PUBLIC GROUNDS, AND CIP REPORTS Mr. Thornton provided a report of continued maintenance to all parks, public grounds, and special projects covered by both divisions, as well as the status of the capital improvement projects. Mr. Thornton also advised the Board that Jack Giacomarro will be retiring after 17 years of dedicated service effective June 30, 1993. Mr. Lambert moved, seconded by Ms. Davis, to have an item of recognition purchased for Jack Giacomarro in honor of his retirement. Motion carried 8-0 Parks and Recreation Board Meeting - June 7, 1993 Page - 3 10. CITIZEN INPUT AND OTHER ITEMS NOT ON AGENDA Carlos Berry contacted Jim Browne about the possibility of utilizing one field at Fossil Creek Park for the Girls Varsity UIL Fastpitch Softball. Discussion was held. Ms. Battles moved, seconded by Mr. Davis, for the staff to continue to check in to the use of Fossil Creek Pa~k for both the current organization utilizing the park, North Richland Girls Softball League, and the UIL Girls Fastpitch Softball, to coexist using the same facilities. 11. ADJOURNMENT Mr. Davis moved, seconded by Mr. Lambert, to adjourn the meeting. Motion carried 8-0 at 9:05PM. Q ATTEST: Parks and Recreation Board Meeting - June 7, 1993 Page - 4 I _I I I I I I I I _I I I I I I I _I I I IJ I CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections . C 01 M . D 6/28/93 ouncl eetlng ate: I I I I ~ ~ ~ ubject: Puhlic Hearing to consider rezoning Tracts 1 through 4, Agenda Number: PZ 93-08 and Tract 6, Smith Addition; and Tracts 2F, 2G, 2~, 2P and 2V, J. Condra Survey, Abstract 311, from their present zoning classification of R-1 Single Family Residential to R-1-S Special Single Family. These properties are located at the northwest corner of Douglas Lane and Hightower Drive. Ordinance No. 1896 At" the May 27, 1993, Planning and Zoning Commission meeting, several property owners on Douglas Lane requested the Commission to consider rezoning several properties along Douglas Lane from their present zoning designation of R-1 Single Fam ily Residential to R-1-S Special Single Family. This request came on the heels of the request by Ms. Diane Cooper to rezone her property at 7117 Douglas Lane to R-1-S in order to allow horses on the property. The Commission directed city Staff to proceed with the zoning notification and change process on th'ese properties. The property owners claim that they did not know that the zoning had been changed back in 1984 to a zoning district which prohibited horses in the area. The Zoning Ordinance of the City states that the purpose of the R-1-S district is 11...to provide areas for very low density development of single-family detached dwelling units which are constructed at an approximate density of 1.0 units per acre in a quasi-rural setting. The District is specifically planned to allow for the keeping of livestock in a residential setting.· The properties under consideration for the zoning change are approximately one acre each in size. The Planning and Zoning Commission considered this zoning case at their June 10, 1993 meeting and recommended approval of the request. Recommendation: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. I ~ I II Source of Funds: Bonds (GO/Rev.) I Operating Budget - .. Oth~ f~ t ß~ Æ I \ -;-.:/ .... -D:. ~-~ ~ /(t¡v~ I Dep ment Head Signature City Manager I CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available , Finance Director Page 1 of I I I- I I I I I I Ie I I I I I I I -- I ORDINANCE NO. 1896 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON MARCH 22, 1993; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hitls, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 and the Official Zoning Map by rezoning certain property; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, on Case Number PZ 93-08, the following properties shall be rezoned from R-1 Single Family Residential to R-1-S Special Single Family Residential: Being Tracts 1 through 4, and Tract 6, Smith Addition, and adcütion to the City of North Richland Hills, Tarrant County, Texas; Tracts 2F, 2G, 2N, 2P, and 2V, J Condra Survey, Abstract 311. 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Councit that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. I I I- I I I I I I -. I I I I I I I -- I , . 5. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 10th DAY OF JUNE, 1993. ~¿Ç Chairman, a Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 28th DAY OF JUNE, 1993. ATTEST: Mayor, City of North Richland Hills, Texas City Secretary, City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 1896 Page 2 I I -- I I I I I I ~ I I I II I I I -- I PZ Minutes - Page 3 June 10. 1993 Mr. McWilliams stated he is unsure at what type of f e is proposed. He stated it would be on the site plan. Mr. Pence stated the fence shown on the site n is a standard six-foot stockade fence. Mr. Lueck stated he would recommend t the fence should be suitable to the neighbors. Mr. Wilson made the motion to a ove PS 93-13, subject to appropriate fencing along the common resid tial property lines. The motion was seconded by Mr. Lueck, and t motion carried 4-0. 4. PS 93-15 Request of Mike Rader for eliminary Plat of lots 4 through 9, Block 4: and Lots 5 through 7, 8 7. Industrial Park Addition. This property is located on the west sid f Rufe Snow Drive, north of Browning Drive. Mr. Rich DeOtte. of e firm Teague Nail and Perkins. came forward to represent the own . Mr. Wilson as if it were possible to increase the size of lot 4. Block 6. rner tot. He stated it is small for a commercial comer lot. ZONING CASES e stated there are high tension wires in that area, which would some at dictate the size of lots. He stated they will give that some eration. · Wilson made the motion to approve PS 93-15. The motion was econded by Mr. Miller. The motion carried 4-0. 5. PZ 93-08 Public Hearing to consider rezoning Tracts 1 through 4, and Tract 6, Smith Addition: and Tracts 2F, 2G, 2N, 2P, and 2V, J. Condra Survey, Abstract 311, from their present zoning classification of R-1 Single Famüy Residential to R-1-S Special Single Family. These properties are located at the northwest comer of Douglas Lane and Hightower Drive. Acting Chairman Bowen opened the Public Hearing, and asked Mr. LeBaron to summarize this case. Mr. LeBaron stated this came about from the request of Diane Cooper at a previous meeting. He stated there was some concern by the neighbors that the zoning would sUow horses and cattle in the area. He stated the neighbors brought this issue up at the previous meeting, and the Commission initiated a zoning change on the affected parcels. He stated they notified the adjacent properties as required by State law. Acting Chairman Bowen asked if anyone had any additional comments . Mr. Keith Dodd, 7201 Chapman Road, came forward to speak. He stated his support for the zoning change. There being no one else wishing to speak. Acting Chairman Bowen closed the Public Hearing. I I r" I I I I I I ~ I I I I I I I t" I , . PZ Minutes - Page 4 June 10. 1993 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT Fred Wilson, Member Planning and Zoning Commission Mr. Wilson made the motion to approve PZ 93-08. The motion was seconded by Mr. Lueck. and the motion carried 4-0. ------ Don Bowen, Acting-Chairman Planning and Zoning Commission I I r" I I I I I I '- I I I I 'I I I ., I FACT SHEET CASE NO. PZ 93-08 Hearing Dates: PZ 6/10/93 CC 6/28/93 REQUEST: R-1 Single Family Residential to R-1-S Special Single Family APPLICANT: Several property owners on Douglas Lane and Hightower Drive PROPERTY OWNERS: Edward Taylor, Peggy Smith, Ruth Michener, William Van Etten, Robert Lasley, Keith Dodd, Don Goldring, Bobby Fanning, and Laurie Walker SIZE AND LOCATION: Several acres located at the northwest corner of Douglas Lane and Hightower Drive CURRENT ZONING: R-1 Single Family Residential PROPOSED USE: Single family homes with livestock on the property ALLOWED USE: Same ADJACENT ZONING/LAND USES North AG: existing single family home South R-1-S: existing single family homes (Morgan Meadows Addition) East AG: existing single family homes West R-2: existing single family homes (Windcrest Addition) DRAINAGE Flood Insurance Rate Maps indicate that portions of most of these properties lie within the 1 DO-year flood plain. The Master Drainage Plan for the City also indicates the same. THOROUGHFARE PLAN These properties can be accessed from Douglas Lane and Hightower Drive. Douglas Lane is classified as a C2U roadway (Minor Collector, 2 lane, undivided thoroughfare). Hightower Drive is classified as a C4U (Minor Collector, 4 lane, undivided thoroughfare). LAND USE MASTER PLAN The Land Use Master Plan calls for low density single family development in this area. The request is consistent with the Plan. I ,¡,', \, ~ ~ u - _.~, I I - - - , · 0 ; flt;:i \. ¡ -~- -'- ---- ' I ~~.~:L:" .J . I ,~'" -". \ .,#. -- \'.1 ' . r 0- ~6.!!'º-~'¡-i ,_.:; ~ '01 \ \' \ ,~- -~ - :~L' . .~ , ',': . I.:' fj), ~ .'_ . " \ - \' r - - ' - · : 11 I' I ' .' - tE:. -.-tf'/ :It .OS __ ~ 11- ~I~ 111 j~ ;-:'f. i ~ I I ~..: i ~ " (" - ., .p,,:, - #JU1>l1 II 1~1!a: _ :'0,,0' ! O! ~ I. ~ \ \ ,\ ' I' G' · ~ u ~I ~ d ~I~I ~ ~,,': Ii", ¡ i, ~. \'\ ~ Õ' .:....!... '" ",0 I ¡¡In·' Tift ¡ ,...., ,'ó t \ \ 11 '<:Y~" ~ · 16M 7' \'-. . 1 III I):. ,;.. r'; 6' f t ( < b "~ ~ ~\ ,~' -0--'" ? 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'. f TA '1ßi.~ ~:,~..' j ASS8 ~", ,',.I, I ':i::, :.~.. . ',. , , . TR 2F 1 Ac bO~ 12.0\ TA 2P . -, '3 ~ 0 . AC f" %~ ! - . - ... f TA-48 TR~· 481E - r. - '. .- - f· I 7200 ..................IW................. -HlSHTOWER - - . --~ ,r.~.. ~. ~ TR 3C3 I H 4A .9 Ac I I I 11 --- 1 TA t6R2 : J 1 15 ! TR t6R! . , to· ",' ( ~ .~ . . .~ ~ . I 1 .c..J.> 2 t '2 I I ¡ 148 I I Department: CITY OF NORTH RICHLAND HILLS Planning and Inspections C 01 M 0 D 6/28/93 ouncl eetlng ate: Agenda Number: PS 93-09 tf' Subject: Public Hearing to consider the request of of Glenn Harvey Norman III for Replat of Lots 6 and 7, Block 5, Morgan Meadows Addition. This property is located at 7440 North Forty Road. I I I I I I Mr. Glenn Harvey Norman III is the owner of two lots in the Morgan Meadows subdivision. The lots are located on North Forty Road, at the intersection with Meadow Creek Road. The two lots front on an unimproved portion of right-of-way dedicated for Meadow Creek Road. Mr. Norman is requesting a replat of the property to relocate the lot line so that both lots front North Forty Road. He is also incorporating two small unplatted tracts into this replat. I I I I I I I The major issue in this replat is the existing unimproved right-of-way for Meadow Creek Road. The existing unimproved right-of-way dead ends into a portion of the property that Mr. Norman is replatting. He had originally requested that the right-of-way be abandoned and incorporated into his replat. He subsequently withdrew that request due to the cost of purchasing the right- of-way and proceeded to replat his property. Several years ago, the owner furnished the City with a drainage easement along the western edge of the property. The easement he gave was for the full width of the required drainage easement since the adjacent property owner would not provide any of the drainage easement at that time to allow the City to complete construction of a major concrete drainage channel. During the review of this replat by the Planning and Zoning Commission, one of the commissioners noted that there was less than 100 square feet difference between the drainage easement the owner provided and the unimproved street right-of-w~y in question. Moreover, the property owner has been maintaining this street right-of-way for a number of years at his own expense. The Planning and Zoning Commission considered this Replat at their June 10, 1993 meeting and recommended approval of the Replat as presented, since the property owner has a critical time commitment for one of the lots being replated by this action. However, it was their additional recommendation for the City to consider abandoning the unimproved street right-of-way of Meadow Creek Road and transfer it to Mr. Norman at a reasonable cost and allow the right-of-way to be incorporated into a future replat of the property. Recommendation: It is recommended that the City Council approve the recommendation of the Planning and . Zonina Commission. Source of Funds: Bonds (GO/Rev.) Operating Budget Other ß. Finance Review Acct. Number Sufficient Funds Available I /) /J ~ (2/f1 cÍA~ ent Head Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I I -- I I I I I I Ie I I I I I I I -- I CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF MAY 18.1993 CONSIDERATION OF MINUTES OF MAY 27,1993 PLATS AND SUBDIVISIONS 1. PS 93-04 2. PS 93-09 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS June 10. 1993 - 7:30 p.m. The meeting was called to order by Acting Chairman Don Bowen at 7:30 p.m. PRESENT Acting Chairman Members Don Bowen Ron Lueck Paul Miller Fred Wilson Steve Pence Clayton Husband James Brock David Barfield Victor Baxter Wayne Moody Building Official PZ Coordinator ABSENT Mr. Witson made the motion to approve the minutes as written. The motion was seconded by Mr. Miller, and the motion carried 4-0. Mr. Wilson made the motion to approve the min motion was seconded by Mr. Lueck, and the Request of John Volkman for R t of Lots 19-R-3 and 19-R-4. Block 33, Holiday West Addition. property is located on the south side of Buenos Aires Drive, at th ersection of Westchase Drive. r. Volkman had to leave. He stated that this is a ich conforms to the Planned Development that was rat months ago. Request of Glenn Harvey Nonnan III for Replst of Lots 6 and 7. Block 5. Morgan Meadows Addition. This property is located at 7440 North Forty Road. Acting Chainnan Bowen stated there were several issues regarding this plat that need to be discussed. Mr. Glenn Harvey Norman III, 7440 North Forty Road, came forward to speak. He stated the main issue is Meadow Creek Road, which does not physically exist south of North Forty Road. He stated he is reptatting four tots into two lots. He stated the lots would run north/south and front North Forty Road. Mr. Norman stated the people in the neighborhood are against extending that portion of Meadow Creek. He stated he has maintained the right-of-way for the last sixteen years. He stated they I I -- I I I I I I Ie I I I I I I I -- I PZ Minutes - Page 2 June 10. 1993 originally requested that the right-at-way be abandoned, but that fell through. He stated he is reptatting and hoping to avoid any need for the extension of Meadow Creek. Mr. Wilson asked about the drainage easement that runs along the west side of the property. Mr. Norman stated in 1986. he dedicated a drainage easement to the City. He stated the easement is now 37-feet wide with a concrete culvert. He stated his neighbor to the west refused to dedicate any land for the easement, and the culvert is entirely on his own property. Acting Chairman Bowen asked whether the road needs to be extended. He stated any gain from the right-of-way would be a wash compared to the easement. He stated if the right-of-way were abandoned, the city should not charge more than a nominal fee since they are looking at about the same amount of property. Acting Chairman Bowen stated the road may not be needed with the low population density in that area. Mr. Lueck stated that the property to the south could possibly be developed using a cui de sac, without putting Meadow Creek Road through to Chapman Road. Mr. Norman stated the area is very rural. He stated the neighbors are against any road extensions at all. Mr. Lueck asked if they approve the plat, the road has been left out. He asked how they would handle that. Mr. LeBaron stated the Commission could recommend that the City consider incorporating the right-of-way at a later date. He stated it would be up to the Council. Mr. Lueck made the motion to approve PS 93-09. and recommends that the City abandon and transfer the right-of-way to Mr. Norman at a reasonable cost and allow the right-of-way to be incorporated into the raplat at the property. The motion was seconded by Mr. MiUer Mr. Lueck stated Mr. Norman has maintained the right-at-way for sixteen years and given up land on the west for a drainage channel. He stated the City should also consider reducing the fees involved if Mr. Norman comes back to replat the right-of-way into the property. He stated there is probably less than 100 square feet difference in what Mr. Norman gave the City and what we would be giving him. The motion carried 4-0. 3. PS 93-13 R t of Resolution Trust Corporation for Replat of Tract 1 R, Richland Tenac dition. This property is located at the southwest corner of Edison Oriv d NE Loop 820. Mr. Mack McWilliam, the consulting firm Huitt Zollars. came forward. He stated he represent owner of the property. He stated he would answer any questions the Co Acting Chairman Bowen asked what considering. I I f' I I I I I I Ie I I !I I I I I ,. I City of orth Richland Hills June 2, 1 993 Ref: PWM 93-066 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P.E. Staff Engineer SUBJECT: PS 93-09; MORGAN MEADOWS; Block 5, Lots 6R & 7R Replat I have reviewed the second submittal of the subject documents submitted to this office on May 25, 1993 and offer the following comment. The Master Drainage Plan indicates that future drainage improvements will be required in front of the subject project. In addition, North Forty Road is an unimproved road that will need to be improved. A covenant for the future improvements to North Forty Road will be required. In addition, a covenant will also be required for the future improvements to Meadow Creek Road. J1I1 (-k (1d; RMC/smm cc: Gregory W. Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services (817) 581-5500 · P.O. BOX 820809 · NORTH RICHLAND HillS, TEXAS 76182 I I t' I I I I I I Ie I I I I I I I lit I JOHH D. ZIKKBRMAR P.I., R.P.S. 107 DIVISION COURT May 24. 1993 ARLIIIGTOH. THXAS 78012 (817) 481-0188 City of Borth Riohland Hills Planning ~ Zoning Co..ission P. o. Box 820809 Borth Riobland Hills, Tezas 78182 Subjeot: PS 93-09 Horgan Headows, Blook 5, Lots 6R I 7R Replat. I offer the following response the staff co..ents: Item 1 - Added 15' drainage and utility easement along east property line south of Headow Creek R.O.I. and along south property line. Added 10' utility easement contiguous to 12.5' drainage easement on west line. Item 2 - Revised title block. Item 3 - Added Borth Porty pavement on utility and drainage easement plan. Itea 4 - Owner has requested the escrow to be separated for Lot 6R and Lot 7R. Block 5 and covenants be signed for future improvements. Item 5 - Per telephone discussion with Hike Curtis. the requirement to add a Bwale along the east property line (south of Meadow Creek Road) and along the south property line be addressed and incorporated into site plan at the tiae of building permit for Lot 7R, Block 5. Item 6 - Rot on Co..ent Letter. The plat has been revised to remove that portion of Headow Creek Road previously requested to be abandoned from the plat. Item 7 - Rot on Co..ent Letter. Letter to be submitted by the owner requesting a waiver of the dedication request for the 50' to eztend Headow Creek Road to the south property line of a turn around at the end of the existing Headow Creek Road. If you have any questions please call. I I t' I I I I I I Ie I I I I I I I -- I Kay 19~ 1993 City ot Borth Richland Hills P. O. Box 820609 Borth Richland Hills, Texas 78186 City Conncil Honorable Tommy Brown Mayor Plannin~ . Zoninø Commission David Barfield Chair.an I am requesting a waiver of the Subdivision Ordinance requirement of a dedicated 50 foot roadway extension of Headow Creek Road, required in the process of replatting Lot 6 ~ 7, Block 5, Horgan Headows and two unplatted tracts on Harth Forty Road. I had asked that the portion of Headow Creek Road sooth of Borth Forty Road be abandoned. The staff reviewed the request; finding the R.O.I. unimproved and the access furnished by the R.O.I. to be the side lines of the Property. The City staff placed a value of the 50' x 390' strip of land at $2000.00. The addition of the 50 foot strip would not add much sale value to the property. The location of the.y present house would not allow the platting of a lot east of .y residence that would satisfy subdivision ordinances. I feel that I can not afford the discretionary expense at this tiae to parchase the property. It is 8Y position, since the City felt that Headow Creek Road R.O.I. south of Borth Forty Road was expendable and additional R.O.I. is not needed. Since the street is not i.proved and the R.O.I. provides no lot frontage, a dedicated turn-around is not needed. I might add that I have been .owing and maintaining the R.O.I. for the past several years. Lot 6, Block 5 (being replatted to Lot 6R, Block 5) is 8Y personal residence and I have no intention of additional subdividing that lot and selling any portion of Lot 6R, Block 5. Thank you for your consideration. Si~erelY, ~. ~~~ I I t' I I I I I I Ie I I I I I I I -- City of orth Richland Hills April 27, 1993 Ref: PWM 93-045 MEMO TO: Planning & Zoning Commission FROM: Mike Curtis, P.E. Staff Engineer SUBJECT: PS 93-09; MORGAN MEADOWS; Block 5, Lots 6R & 7R Replat I have reviewed the subject documents submitted to this office on April 6, 1993, and offer the following comments. 1 · A 15' drainage and utility easement will be required along the east property line of Lot 6R and along the rear of Lots 6R & 7R. In addition, a 10' utility easement is needed next to the 12.5' drainage easement located in Lot 7R. 2. The title block needs to be revised a shown. 3. The location of the pavement in the North Forty right-of-way will need to be shown on the Utility Plan and Drainage Plan. 4. The Master Drainage Plan shows that future drainage improvements will be required in front of the subject project. In addition, North Forty Road is an unimproved road that will need to be improved. An escrow in the amount of $39,780 will be required for future drainage and pavement improvements. This amount includes $42.00 per linear foot of street frontage for drainage improvements and $57.45 per linear foot of street frontage for pavement improvements. A covenant for the future improvements may be acceptable alternative. (817) 581-5500 · P.o. BOX 820809 · NORTH RICH LAND HillS, TEXAS 76182 I' I -- I I I I I I Ie I I I I I I I -- I PWM 93-045 April 27, 1993 Page Two 5. A swale will need to be graded along the east and south property lines of the subject property. The drainage plan will need to show the swales and include design calculations verifying the size. 'N1~C~ RMC/smm cc: Gregory W. Dickens, P.E., Director of Public Works Barry LeBaron, Director of Planning & Inspection Services i. .,r.' oX ~ 0 M -fi ::r f I !: ~ '5 i i ~ I § i rf) ~ 1 'r ~ ~ ~ ~ ~ II ~;~::;:;:;:,;;~z~,... ~""'. CI:- ...I~ :+........tt) ... ';":' ..i'" i..:....~ f....~.... ) I <D .......! \:!~: .... . .. If) , J-;r 0("1 'r::¡..... '~j I·"i~~.· I·....·~~·· ... :::: I·..·:~·.... 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I ( ~H 1~fd 315 - J~J7 HJlfK ) !O'4:)~V O~N I:)~V 6u ,.n P.0tl r U8' q~ Aq uo IllsoØwo, ".... ¿ j ¡ 1 i -~ -, :x: .. ã. ~ 0 c : .: Ž ..c II v -: I:IIC Õ .c .. o '" Z__'~I' _ Õ ',' >- u o -.., / :.~' \~ . .:.0... ~ I I CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections C 01 M 0 D 6/28/93 ouncl eetlng ate: Agenda Number:GN 93-78 Subject: Consideration nf W::ItAr and Wastewater Impact Fee three year review Resolution Number 93-29 I I I I I I The Capital Improvements Advisory Committee has completed its review of the Land Use Assumptions and Capital Improvements Plan for Impact Fees and has forwarded its recommendation to the City Council for action. Chapter 395 of the Texas Local Government Code requires all cities that are imposing impact fees for purposes of recapturing public facility costs from new developments to periodically review the calculations every three years. The purpose of the review is to determine if the impact fees are appropriate or too high. A city may not collect more than ten percent over the amount required. Knowlton-English-Flowers, engineering consultants to the City of North Richland Hills, in cooperation with Reed-Stow, rate consultants, have concluded that no factors have changed sufficiently to warrant any recalculations at this time and submitted their report to the Capital Improvements Advisory Committee for their review at their June 10th meeting. Attached is a letter from James Brock, Chairman of the Capital Improvements Advisory Committee, which conveys the recommended action for the City Council. Also, attached with this Cover Sheet is Resolution Number 93-29 for consideration by the council. Recommendation: II ~ I I I I It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Source of Funds: Bonds (GO/Rev.) I Operating Budget __ Oth. . I I Finance Review Acct. Number Sufficient Funds Available ;e1ll~ I ~ City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I I I- I I I I I I Ie I I I I I I I -- I June 22, 1993 City of orth Richland Hills The Honorable Tommy Brown, Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Dear Mayor Brown and Members of the City Council: As you know, the Planning and Zoning Commission, in addition to serving as the reviewer of zoning cases and subdivision plats, also functions as the Capital Improvements Advisory Committee on Impact Fees. According to Chapter 395 of the Texas Local Government Code, every city which collects Impact Fees from new development for purposes of recapturing capital costs for public facilities must update its capital improvements plan and land use assumption plan every three years. This month is tbe tbree year anniversary of the adoption of the Impact Fee Ordinance by the City Council. The Capital Improvements Advisory Committee reviewed tbe land use assumption plan and capital improvements plan at its meeting on June 10, 1993 and I have attached a copy of tbe minutes from tbat meeting for your information. I have also attached a letter from Rex McEntire indicating that the City has met the "substantial compliance test". The purpose of this letter is to convey tbe recommendations to tbe City Council regarding the three year review and update requirements contained in Chapter 395 of the Texas Local Government Code. Tbe Capital Improvements Advisory Committee recommends the following: 1. The 1992 Land Use Plan adopted as a part of the Comprehensive Master Plan update for the City, does not constitute a material change from the original Land Use Assumption Plan prepared in 1990. 2. The Impact Fee Land Use Assumption Plan continues to be a valid planning document for determining capital facility needs for the ten year planning period and does not need to be revised at this time. 3. The Capital Improvements Plan which depicts the facility needs related to Impacts Fees remains as a valid planning document for determining facility costs does not need to be revised at this time. 4. The Impact Fees Schedule does not need to be recalculated at tbis time. 5. The City publish a "notice of detennination not to update Land Use Assumptions, Capital Improvements Plan, or Impact Fees" as prescribed by Section 395.0575, Texas Local Government Code. I have attached a resolution which conveys the official actions taken by the Capital IlnproveInents Advisory Committee and respectfully request that tbe City Council consider tbis resolution at its next regulaly scheduled meeting. ¡ncerel y , ¿..~ S Brocannan . ital Improvements Advisory COlnmittee (817) 581-5500 · P.O. BOX 820809 · NORTH RICHLAND HilLS, TEXAS 76182 I I f' I I I I I I -. I I I I I I I - I RESOLUTION NO. 93-29 A RESOLUTION BY THE CITY OF NORTH RICHLAND HILLS REGARDING THE WATER AND WASTEWATER IMPACT FEE THREE YEAR REVIEW. WHEREAS, Chapter 395 of the Texas Local Government Code requires a political subdivision imposing an impact fee to update the Land Use Assumptions and Capital Improvements Plan at least every three years, and WHEREAS, the Capital Improvements Advisory Committee of the City of North Richland Hills has forwarded a recommendation to the City Council for a three year review of the Land Use Assumptions and Capital Improvements Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. 1. THA T, the 1992 Land Use Plan adopted as a part of the Comprehensive Master Plan update for the City, does not constitute a material change from the original Land Use Assumption Plan prepared in 1990. 2. THA T, the Impact Fee Land Use Assumption Plan continues to be a valid planning document for determining capital facility needs for the ten year planning period and does not need to be revised at this time. 3. THA T, the Capital Improvements Plan depicting the ten year facility needs related to Impact Fees remains as a valid planning document for determining facility costs and does not need to be revised at this time. 4. THA T, the Impact Fee Schedule does not need to be recalculated at this time. 1 I I f' I I I I I I Ie I I I II I !I I I -- I 5. THA T, the City publish a "notice of determination not to update Land Use Assumptions, Capital Improvements Plan, or Impact Fees" as prescribed by Section 395.0575, Texas Local Government Code. APPROVED BY THE PLANNING AND ZONING COM JUNE, 1993. SION THIS 10TH DA Y OF '~'~~.' . . ~ CIJ4IRM ,ItL~NING~ ZO~{~G, C~M¥~SSION I \'---t ~/í'A v,-::-,,·.\-· ..,þ,,' I V f;;j' Y , * l'-"."'-' "v(j ,. ~v SECRETARY PASSED AND APPROVED BY THE CITY COUNCIL THIS 28TH DA Y OF JUNE, 1993. MAYOR ATIEST: CITY SECRETARY I I re I I I I I I Ie I !I I I I I I -- I CALL TO ORDER ROLL CALL 1. GN 93-78 MINUTES FOR THE REGULAR MEETING OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS June 10, 1993 - 8:00 p.m. The meeting was called to order by Acting Chairman Don Bowen at 8:00 p.m. PRESENT Acting Chairman Members Don Bowen Ron Lueck Paul Miller Fred Wilson Steve Pence Clayton Husband James Brock David Barfield Victor Baxter Wayne Moody Building Official PZ Coordinator ABSENT Consideration of Water and Wastewater Impact Fee Three Year Review Mr. Keith Reed, of Reed-Stowe & Company, 12770 Coit Road, Dallas, came forward to speak. He stated the initial fees were calculated in 1990. He stated State law mandates that the fees be revisited every three years to see if the city is over-collecting in excess of ten percent. He stated the law allows cities to collect up to ten percent over their actual cost without paying rebates to payers. Mr. Reed stated his report was sent to the Committee and the Council about two weeks ago. He stated the report was broken down into two sections: water service and wastewater service. He stated the report states that the city is substantially under the ten percent over charging. He stated the CIP is very well on track with what was to be constructed. Mr. Reed stated the plan was for a ten year period, 1990-200, and we are looking at the first three years of the plan. He stated the water impact fee variance was about 2-percent, and wastewater about 2.19- percent. Mr. Reed stated his recommendations are as follows: 1) the Committee adopt a resolution, forwarded to the City Council, that the impact fees do not need recalculation at this time; 2) the Land Use Assumption Plan does not need to be revisited at this time; and 3) the Capital Improvements Plan does not need to be revisited at this time. He stated that Knowlton-English-Flowers submitted a letter stating that the Land Use Plan adopted in 1992 was of minor impact to the CIP or impact fee structure. He stated the City Attorney has submitted a legal opinion agreeing to that point also. Mr. Reed stated that the City will need to meet certain notification requirements and public hearing requirements regarding the decision. He stated the Committee has several options to choose from, but the recommendation is as stated. Mr. Wilson asked if the City was high or low on the fee. I I r" I I I I I I -Ie I I ,I I I I I -- I CIAC Minutes - Page 2 June 10, 1993 Mr. Reed stated the City is high on the fee. He stated the first three years were done with construction estimates. He stated the next three years witl be based on construction estimates that are five and six years old. He stated that percentage could move slightly up or down. Mr. LeBaron stated that since most of the members on this Committee are new, at the next meeting on this subject, they could invite Mr. Reed, Mr. Richard Albin of KEF, and Mr. Greg Dickens, Public Works Director, to come out and give everyone a refresher course on how impact fees are calculated and work. Mr. Wilson asked if the variances on the fees were calculated at smaller intervals than three years. Mr. Reed stated you can estimate the variance based on the construction cost estimates and the actual construction costs. He stated the fees are based on living unit equivalents that are derived from the Land Use Assumption Plan. Mr. Wilson asked if Mr. Reed had an idea about when the City should recalculate the impact fees. Mr. Reed stated it depends on the growth pattern of the city within the next two years. He stated unplanned growth may cost the city money. He stated the Committee can revisit the impact fees every year, but the law only requires that a recommendation be made every three years. Mr. Lueck asked if they approve GN 93-78, would that accomplish what the Committee needs to do tonight. Mr. LeBaron stated he has summarized the four items that would be incorporated into a resolution if the Committee approved GN 93-78. He stated the items are: 1) the impact fees do not need to be recalculated at this time; 2) the Land Use Plan not be revisited at this time; 3) the Capitat Improvements Plan not be revisited at this time; and 4) the 1992 Land Use Plan does not constitute a material change from the 1990 land use assumptions. Mr. Wi1son made the motion to approve GN 93-78 as presented. The motion was seconded by Mr. MiHer, and the motion carried 4-0. CITIZEN COMMENTS ADJOURNMENT None. There being no further business, the meeting was adjourned. Chairman Capital Improvements Advisory Committee Secretary Capital Improvements Advisory Committee I I ,. I I I I I I ·Ie I I I I I I I fI I City of J(örth Richland HiUs~ Texas May 19, 1993 Capital Improvements Advisory Committee City of North Richland Hills, Texas Re: Recalculation of Water and Sewer Impact Fees, Necessity for Gentlemen: I have reviewed the recently prepared Land Use Plan for the City and compared it with the original IILand Use Assumption Plan" which was approved and adopted by Resolution No. 88-5 on February 8, 1988. In my opinion the City has met the II substantial compliance test" as far as notices are concerned in adoption of the new Land Use Plan. It is my opinion that the changes are not really significant when considered in the light of the necessity for total recalculation of rates and there is no need to recalculate impact fee rates, at this time. If I can be of further service in answering questions, please call upon me. Rex McEntire Attorney for the City RM/gp (817) 581-5500/7301 N.E. lOOP 820/P.O. BOX 820609/NORTH RICHlAND HillS, TX 76182-0609 I I t' I I I I I I ·Ie I I I I I I I -- I City of orth Richland Hills June 1, 1993 Ref: PWM 93-065 MEMO TO: Barry LeBaron Director of Planning & Inspection Services FROM: Gregory W. Dickens, P.E. Director of Public Works SUBJECT: WATER AND WASTEWATER IMPACT FEE THREE YEAR REVIEW The consultants have finished their review of the subject impact fee program to date. Based on their in-depth review, they have rendered their opinion on whether there is a need for any update to the land use plan, capital improvements plan, and the impact fees. They reviewed all aspects of the NRH impact fee program before giving the following opinions. Reed-Stowe & Company stated their opinion that the City had four options it could follow to stay in compliance with Senate Bill 336. I recommend Option 1 as outlined on page 11 of their report. Knowlton-English-Flowers, Inc. stated their analysis indicated that the changes in the new land use plan recently adopted by the City as compared to the original "Land Use Assumption Plan" adopted by Resolution 88-5 on February 8, 1999 are not significant enough to warrant a complete recalculation of the current impact fees at this time. In accordance with Reed-Stowe & Company's recommendation, I requested the Attorney for the City, Rex McEntire, to give a legal opinion as to the "substantial compliance" concerning the Land Use Plan recently adopted. His opinion is attached. The next step in the "three-year review" process is for the Capital Improvements Advisory Committee (CIAC) to meet and discuss the review issue. Their recommendation as to a need to change the land use assumption plan, capital improvements plan, or impact fee or not will need to go to the City Council for consideration. Please let me know if the CIAC can meet on this matter June 10, 1993. I will be absent, but Keith Reed and Richard Albin can probably make the meeting to clarify the situation. You may also want Rex McEntire to attend. As soon as you let me know the meeting date, I will confirm the consultants' and attorney's attendance. (817) 581·5500 · P.O. BOX 820609 · NORTH RICHLAND HILLS, TEXAS 76182 I I f' I I I I I I ·Ie I I I I I I I III I r---. ;& .,.......-.. .r'""~ (:;, A ~.~ . ! t-- ~2; AA 1.//'1 ~! ~ ì-"r- t) j v KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas April 20, 1993 Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 Re: 3-431, CITY OF NORTH RICHLAND HILLS, WATER AND SEWER ßtIPACT FEE UPDATE STUDY, LAND USE ASSUMPTION PLANS As you know, the current Water and Wastewater Ilnpact Fee Rate Structure is based on calculations of water and sewer system demand projections developed from the Currently Effective "Land Use Assumption Plan", which was adopted by the City Council by Resolution 88-5 on February 8, 1988. A new Land Use Plan has recently been prepared for the City in cooperation with the Community Development Department which has changed somewhat the projected land use patterns and equivalent population demand distributions throughout the City. Our comparative analysis of the two plans indicates that the changes are not significant enough to warrant a complete recalculation of the current impact fee rates at this time. A tabular summary of Land Use Area and Equivalent Population projections are presented below for the two plans to show a comparison of the overall effects of the land use changes. The proposed sizes and estimated costs of future water and sewer mains required to provide service to the currently undeveloped portions of the NRH and Watauga Service Area are not significantly affected by the new Land Use Plan. However, the location and alignment of some of these proposed facilities may require some modification due to changes in the alignment of some future thoroughfares shown on the new Land Use Plan. No other changes in the current Capital Improvements Plan are proposed at this time. We would note that recent changes in design criteria for municipal water and wastewater systems established by the Texas Water Commission will have a potentially greater effect on the current Water and Wastewater Master Plans than the Land Use Assumption changes. We are presently working with several of our other Client Cities and the Trinity River Authority to determine the regional impact these changes will have on planning and design of future water and sewer supply and distribution systems throughout the area. After the North Richland Hills GIS System is fully implemented, and after the effects of the new Water Commission guidelines are further evaluated, we would recommend proceeding with Water and Wastewater System Master Plan updates along with Impact Fee adjustments as may be required. 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 . 817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 I I t- I I I I I I Ie I I I I I I I fI I Page 2 April 20, 1993 WATER AND SEWER IMPACT FEE UPDATE STUDY Land Use Assumption Plans The current Land Use Assumption Plan consists of the following categories. The map used to compute the land areas was digitized from the old North Richland Hills Base Map. Areas were computed using ARC/Info GIS software. USE DESCRIPTION AREA (ACRES) R-1 S.F. Resid. 1300 S.F. 1 ,652.22 R-2 S.F. Resid. 9000 S.F. 3,791.02 R-3 S.F. Resid. 7500 S.F. 1 ,548.26 R-4-SD Sep. Owner Duplex 60.83 R-5-D Duplex 1 58. 1 2 R-6-T Townhouse 82.75 R-7-MF Multi-Family 559.55 R-8 S.F. Zero Lot Line 91.38 C Commercial 1 ,942.48 0 Office 76.13 I Industrial 821.80 U Institutional, etc. 419.36 SU Spec. Use, AG, etc. 450.83 TOTAL 11 ,654.73 The following is a breakdown of the Land Use Categories used in the new revised Land Use Map. The map used for calculating these areas was developed from the digitized Tarrant County Appraisal District (TAD) basemap using ARC/Info GIS software. Note that the total areas of the two maps agree within 9.98 acres, or O.085-percent. USE DESCRIPTION AREA (ACRES) LDR Low Density Residential 7,463.96 MDR Medium Density Residential 214.06 HDR High Density Residential 391.97 COM Commercial 1 ,758.58 IND I ndustria I 346.47 PUB Public 477.01 P~S Parks and Open Spaces 847.86 ROW Rights-at-way 144.95 TOTAL 11 ,644.86 The following is a comparison of the computed "Equivalent Population" values based on assumed densities for the two Land Use Plans. Equivalent population values are used for computing the water and sewer system demands. The land use categories are recombined and grouped into four (4) major categories as required by S.B. 336 -- Residential, Multi- Family, Commercial, and Industrial. Year 2000 assumed population densities are used: I I f1' I I I I I I Ie I I I I I I I fI I Page 3 April 20, 1993 WATER AND SEWER IMPACT FEE UPDATE STUDY Land Use Assumption Plans land Use Equiv. Land Use Assumption Plan New Land Use Plan Category Population Equiv. Pop. Density Acres Acres Equiv. Pop. Residential 8.42 6,160.83 51,872 7,678.02 64,649 Multi-Family 26.51 382.34 10,135 391.97 10,391 Commercial 6.49 2,365.82 15,354 ',758.58 1 1 ,41 3 Industrial 8.64 440. 1 3 3,803 346.47 2,994 TOT ALS 9,357.12 81 , 1 64 10, 175.04 89,447 Using the same assumed Equivalent Population Densities, the new Land Use Map indicates that a somewhat higher demand on the system would be required. However, the proposed future water and sewer mains included in the current Capital Improvements Plan were oversized to include sufficient capacity to accommodate the additional equivalent population units. Note that the new Land Use Plan contemplates more future single family units but less commercial and industrial units than the original Land Use Assumption Plan. We would further note that there has been no change in the Watauga Land Use Assumption Map, therefore, no change in the Watauga CIP is proposed either. Reduced size xerox copies of the original Land Use Assumption Map and new Future Land Use Maps are attached for reference. The new NRH Land Use Map is a copy of the "Comprehensive Land Use Plan" prepared by Planning Resources Group for the City of North Richland Hills. The Watauga map is a laser print of our GIS drawing. The original maps from which these copies were made are larger scale and easier to read. If desired, we can furnish you color electrostatic copies of the NRH and Watauga Land Use Plans which we have digitized into our GIS system. The version of the new Land Use Plan attached does not show the new park land recently acquired by the City. However, the 847.86 acres of Parks and Open spaces area as tabulated on page 2 of this letter does include an additional 242 acres of park land acquired since the Land Use Map was composed, based on data furnished to our office by Barry LeBaron. Please call if you have any questions or require additional information. J W, ~ RICHARD W. ALBIN, P.E. RW A/ralEnclosures/lmFeeLu.431 xc: Mr. C.A. Sanford, Deputy City Manager "7 Mr. Barry LeBaron, Director of Community Development Mr. Larry Cunningham, Director of Finance Mr. Keith Reed, Reed-Stowe Company It I - I- I- Ii 1- ~Ii I, -. Ii I- Ii I~ I- I- I LAND USE ASSUMPTION PLAN Equivalent land Use for North Richland Hills and Watauga ~~ m L~ " ~, .. ~ 'J_~I~~.~ _ ~~ ~ i " ~ ~ ~~~ ~ " ,~;\Fi ~~~ ~4 ~ ~,~~,<,~"-,,,,~,,~ E·",,~ n ~ 0: '.', ". ,..'<~~ . ,,'-, ) --~- ' " , ,,'_, '. .' "... "'\ ~" " P"'A--. ~ ~ -, UI£ " " '" '," ~ ~ I X Y "UIioI" ' :~ ~ ".'. ....~~ ii¡ _.- ~,,~ I n - v~_:_ ~r u " "-" "', ~ ,,~ - . 1IiT'Ti T1 , "" '" "" " '-' ,,_. - == '. , "~~' ' ,'," . -"=:a'=:'- ~ " '" '~~~~'''''' -' - ~~ .~ "'~~~~:~',~ ---.', 'fV , '" .~~. ~ E". ~ . 'ff'III'- "," " " ~ "tIC..,? :&YxIjC ,~ ,", '. ..,I.., "tIC...;- ,,' .' . , _';'W: .,.,. M-' )\ I I - A ~.,~~ ~~ " ~ ~~' ""''''.~ ~"!Io..I ~ 'IIr".M-""'r' ....... ~" ~. , rrTTTT1 ~ -.....~'- " ~ ~II~~"~'~~ ~ ,-~""" ~~ fE -:,~ .. ~I ... . :-: ,-". . . "" . ~ ~"", ..@ ~~r/. " -- ~ -- ~l 1- No Scale Legend ~ R-1 ~ C r=J R-2 _ 0 ~ R-3 ~ I IffiEJ R-4-SD _ M _ R-5-D ffW U _ R-6-T æm su c.::J R-7-MF _ P ~ R-8 ~/./T - ;.;;v/, ~. --~.Lf - -- .~~ ~_..~ ~'-I I y~ ....,., "tIC "tIC Y 'VJII" I X X ,..,. ~ I - PLAN ADOPTED BV COUNCIL i. ON FEB. 8, 19118, BY RES. 88-5 I FIGURE 4 I- I it I I I I I I Ie I I I I I I I -- I IV. OPTIONS AND RECOMMENDATIONS A. OPTIONS In our opinion, the City has four options which it may follow in order to be in compliance with SB 336: *" Option 1: a) Option 2: a) b) Obtain an opinion from legal counsel as to the Interpretation of ·substantial notice of compliance with notice requirements· under Section 395.078. If legal counsel determines that the City's adoption of the new land use assumption plan does not cause the City to be outside the limits of ·substantial compliance, · the City could leave the new land use assumption plan in-tact and proceed with the required notices under Sections 395.0575 (no update to CIP plan or Impact . Fee) or 395.052 (notice of planned update of CIP plan and Impact Fees). b) Negate the adoption of the new land use assumption plan; Determine that no update of land use assumptions, capital improvements plan or impact fees is needed; and 11 I CITY OF NORTH RICHLAND HILLS Legal Council Meeting Date: 6/28/93 Ordinance Repealing Ordinance No. 1893 - TU Franchise - Ordinance No. 1897 Agenda Number: GN 93-83 I I I I I I I I. I I I I I I This ordinance is explained in a memo from the Attorney for the City dated June 22, 1993 along with the discussion of Ordinance No. 1898. The ordinance repeals the franchise granted on June 14, 1993 by Ordinance No. 1893 and preserves the terms of Ordinance No. 1894, which establishes a fund for future rate case costs. Recommendation: It is recommended that the City Council approve Ordinance No. 1897. I ..', Source of Funds: . Bonds (GO/Rev.) . Operating Budget I Other Finance Review Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM ¡¿fl~ City Manager . Finance Director I Page 1 of I It I I I I I I I ( I' I I I I I I I. I I City of J(õrth Richland HiUs~ Texas June 22, 1993 To: city council From: Attorney Subj: Texas utility Franchise Ordinance 1. At the last council meeting you passed Ordinance 1893 which was presented to TU Electric as a new franchise ordinance. 2. TU Electric rejected our ordinance and presented a compromise ordinance which is satisfactory to them. This ordinance No. 1898 which is presented for your approval at the meeting of June 28, 1993. 3. This ordinance employs the term "4% of its gross receipts from retail sale of electric power and energy within the corporate limits of the city" instead of the language in the Dallas ordinance which we had used in Ordinance No. 1893. However, in reviewing the history of franchise tax payments by TU (formerly Texas Electric Service Company) I find that language was changed in 1962 "to 2% of your revenues" (later changed to 3%) and the Company has paid on the same services in this City as the city of Dallas even though there has been a difference in language. They are paying on such things as the City's consumption and tell me that they propose to do so under the new wording. 4. The above being the case, I don't think it is productive to continue to try to get the wording changed in the ordinance. 5. While it is of less importance, the Company has agree to a change in wording of section 4 which deals with currently pending rate cases. I feel that by the passage of Ordinance 1894, at the last meeting, you have done all you can do to keep future councils mindful of rate cases and to provide funds for same. 6. The new rate for TU's franchise will provide additional moneys that are needed for the operation of the city. I recommend passage of Ordinance No. 1897 repealing Ordinance 1893 and passage of Ordinance No. 1898 in place of No. 1893. Rex McEntire (817) 581-5500/7301 N.E. LOOP 820/P.O. BOX 820609/NORTH RICHlAND HillS, TX 76182-0609 I 1(-, -- :1 I I I I I I I I. I I I I I I I· . 1 I ORDINANCE NO. 1897 BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. Ordinance No. 1893, passed on June 14, 1993 be and is hereby repealed and replaced by Ordinance No. 1898 when it is passed and approved. 2. The terms of Ordinance No. 1894, passed on June 14, 1993, are not affected by this repealing ordinance and said Ordinance No. 1894 shall remain in full force and effect. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS this the day of 1993. APPROVED: Mayor A TIEST: City Secretary APPROVED AS TO FORM: Attorney for the City . I I L Department: Subject: I I I I I I I Ie I I I I I I CITY OF NORTH RICHLAND HILLS Leqal Ordinance Extending TU Electric's Franchise - Ordinance No. 1898 Council Meeting Date: 6/28/93 Agenda Number: GN 93-84 This ordinance replaces Ordinance No. 1893. It was the subject of the memo attached to GN 93-83. Ordinance No. 1898 provides for extension of the TU Electric Franchise. Recommendation: It is recommended that the City Council approve Ordinance No. 1898. I Source of Funds: Bonds (GO/Rev.) -. Operating Budget I Other Finance Review Acct. Number Sufficient Funds Available ¡efl~ City Manager . Fmance Director I Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of I I~ I I I I I I I -1-; I I I I I I I - I I ORDINANCE NO. jr7~ AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; EXTENDING THE TERM OF SAID EXISTING FRANCHISE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Texas Utilities Electric Company (hereinafter called "TU Electric") is engaged in the business of providing electric utility service within the City and is using the public streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TU Electric; and WHEREAS, TU Electric has, pursuant to said franchise ordinance, been paying to the City a sum equal to three percent (3%) of its gross receipts from the retail sale of electric power and energy within the City for the rights and privileges set forth in said franchise ordinance and, in addition thereto, has reimbursed the City for its ratemaking expenses pursuant to Section 24 of the Public Utility Regulatory Act; and WHEREAS, the City and TU Electric desire to amend said franchise ordinance to provide for a different consideration to consist of a sum equal to four percent (4%) of its gross receipts from the retail sale of electric power and energy within the City, which different consideration includes, among other things, TU Electric's obligation to reimburse the City for its ratemaking and other regulatory expenses to be incurred by the City involving the regulation of TU Electric; I I. I I I I I I I I- I I I I I I I- I I Now, Therefore, BE IT ORDAINED BY THE CITY North Richland Hills Council , TEXAS: OF THE CITY OF SECTION 1. The consideration payable by TU Electric for the rights and pri vileges granted to TU Electric by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric is hereby changed to be four percent (4%) of its gross receipts from the retail sale of electric power and energy within the corporate limits of the City, said changed percentage to be applied to said gross receipts beginning on June 1, 1993, and being payable as specified in said franchise ordinance and based upon the same time periods as specified in said franchise ordinance and being payment for the said rights and privileges during the period specified in said franchise ordinance, said payment being in lieu of and shall be accepted as payment for all of TU Electric's obligations to pay municipal charges, fees, rentals, pole rentals, wire taxes, inspection fees, easement taxes, franchise taxes, certain regulatory expenses under Section 24 of the Public Utility Regulatory Act or any similar or successor law, or other charges and taxes of every kind, except ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements. SECTION 2. TU Electric shall make a one-time payment hereunder for the purpose of making the changed consideration as specified in -2- I I. I I I I I I I I. I I I I I I I~ I I Section 1 hereof effective on June 1, 1993, without altering the payment dates specified in said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric, said one-time payment being due and payable thirty ( 30) days after TU Electric's acceptance of this ordinance as provided in Section 7 hereof, and being a sum calculated as follows: (a) TU Electric shall determine the monthly average of its gross receipts from the retail sale of electric power and energy within the City during the period upon which the most recent franchise payment made to the City prior to June 1, 1993, was based; (b) the said monthly average of its said gross receipts shall be multiplied by 1% (0.01); and (c) the product so calculated shall be multiplied by the number of whole months from June 1, 1993, through the last day of the last month of the period for which the most recent franchise payment made to the City prior to June 1, 1993, was made. SECTION 3. Notwi thstanding anything to the contrary in Section 1 hereof, if TU Electric files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by TU Electric under Section 24 of the Public Utility Regulatory Act or similar or successor law, in excess of $4 million, then in such event, TU Electric shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period ended fifteen (15) years from the effective date hereof in excess of said $4 million. The term "general' rate case" as used in this Section means a rate case initiated by TU Electric in which it -3- I I. I I I I I I I -I' I I I I I I I. I I seeks to increase its rates charged to a substantial number of its customer classes in the City and elsewhere in its system and in which TU Electric I s overall revenues are determined in setting such rates. City agrees to exercise reasonable best efforts, considering the facts and circumstances, to keep its expenses on average to under $1,000,000 per general rate case. SECTION 4. Notwithstanding the provisions of Section 1 hereof, TU Electric will continue to reimburse the Ci ty 's ratemaking expenses, if any, in connection with the appeal and any remand of Public Utili ty Commission of Texas Docket No. 9300 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act, and will continue to reimburse the City's ratemaking expenses, if any, in connection wi th Public Utili ty Commission of Texas Docket No. 11735 that are otherwise reimbursable under Section 24 of the Public Utility Regulatory Act to the extent that said ratemaking expenses are incurred through the entry of the last action by the Public Utility Commission of Texas (i.e., the said Commissionls order overruling the last motion for rehearing) in said Docket No. 11735; the City hereby agrees that any ratemaking expenses incurred in connection wi th said Docket No. 11735 that the City incurs on appeal of said order will be the Ci ty' s sole responsibili ty. Should the City decide to continue to participate with the Steering Committee in such appeal of the final order, the City of North Richland Hill~ share of reimbursable expenses related to the appeal and owed by TU Electric to the Steering Committee will be determined by the methodology -4- I I. I I I I I I I It I I I I I I I- ii I chosen by the Steering Committee. Prior to the submission of an invoice for payment of appeal expenses by TU Electric, the City of North Richland Hi lIs will notify TU Electric of the methodology chosen by the Steering Committee. SECTION 5. The said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall not terminate as provided therein, but the initial term of said franchise ordinance is hereby extended for a period of fifteen ( 15) years from and after the date on which said franchise ordinance would have otherwise terminated but for this extension. SECTION 6. In all respects, except as specifically and expressly amended by this ordinance, the said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall remain in full force and effect according to its terms. SECTION 7. This ordinance shall take effect from and after its final passage and TU Electric's acceptance. TU Electric shall, within fifteen (15) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the -5- I' I~.. I I I I I I I f I' I I I I I I I - I I City Secretary in substantially the following form: To the Honorable May and City Council: Texas utilities Electric Company (TU Electric), acting by and through the undersigned authorized officer, hereby accepts, on this the day of , 1993, Ordinance No. amending the current franchise between the City and TU Electric. TEXAS UTILITIES ELECTRIC COMPANY By: President SECTION 8. It is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, this the day of , 1993. APPROVED: ATTEST: City Secretary At CITY OF NORTH RICHLAND HILLS Department: community services Department ~ Council Meeting Date: 6-28-93 Authorizing the Submittal for a Texas Parks and _bject: Wildlife Grant;, - Resolytion No. 93-30 Agenda Number: GN 93-85 The city of North Richland Hills is eligible to apply- for matching grant funds for construction of Green Valley Community Park at the southwest corner of Green Valley Drive and smithfield Road. Funding in the amount of $1,063,500 is available through the Parks and Recreation 1/2 Cent Sales Tax Capital Improvement· Program. The grant application is in the amount of $500,000. The proposed improvements include five regulation size soccer fields, one "under 10" and two "under 6" soccer fields, one soccer field with dasher boards, 1.5 acre lake with fishing pier, a pavilion and picnic area, 1 mile of concrete hike & bike trail, practice field for baseball, softball, and kickball, multi-use court with basketball goals, handicap accessible playground, restroom/concession building, joint city/school tree farm, landscaping, berming, and associated parking. Adoption of the resolution is a critical pre-requisite in submitting the $500,000 grant application prior to the July 31, 1993 deadline. This resolution does not address particular details· or design features. RECOMMENDATION: is recommended that Council adopt the Resolution No. 93-30 authorizing e submittal of a grant application to the Texas Parks and wildlife Department for construction of Green Valley Community Park. ATTACHMENT: Resolution No. 93-30 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _Other c----\ - ~~<7 ~~~'I!:" Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available - f?fl~l City Manager ( . Finance Director Page 1 of I Ie I I I I I I I ~ I I I I I I I f I RESOLUTION NO. 93-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFYING THAT THE CITY IS ELIGIBLE TO RECEIVE FINANCIAL ASSISTANCE UNDER THE PUBLIC LAW 88-578, AS AUGMENTED BY SECTION 13.309 OF THE TEXAS PARKS AND WILDLIFE CODE; DESIGNATING THE CITY MANAGER AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY OF NORTH RICHLAND HILLS IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THESE GRANT PROGRAMS; DEDICATING THE PROPOSED SITE OF GREEN VALLEY COMMUNITY PARK FOR OUTDOOR RECREATION USES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the united States Congress has passed the Land & Water Conservation Fund Act of 1965 (Public Law 88-578) for outdoor recreation purposes; and WHEREAS, the Texas Legislature has approved the Parks and wildlife Code, section 13. 309 authorizing the State of Texas, and its political subdivisions, to participate in the federal program established under said Public Law 88-578; and WHEREAS, the Texas Legislature has approved the Parks and wildlife Code, section 24.005 for the purpose of allowing the political subdivisions of the State of Texas to participate in the Texas Local parks, Recreation & Open Space Fund; and WHEREAS, the City of North Richland Hills is fully eligible to receive assistance under these programs; and WHEREAS, the City of North Richland Hills is desirous of authorizing an official to represent and act for the City of North Richland Hills in dealing with the Texas Parks and wildlife Department concerning these Programs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: section I. The City of North Richland hills hereby certifies that the City is eligible to receive assistance under the above referenced Programs. I Ie I I I I I I I Ie I I I I I I I Ie I section II. The city council of the City of North Richland Hills hereby authorizes and directs its City Manager to act for the City of North Richland Hills in dealing with the Texas Parks and wildlife Department for the purpose of applying for and administering funding under these programs, and the city Manager is hereby officially designated as the representative in this regard. section III. The City of North Richland Hills hereby specifically authorizes the City Manager to make application for financial assistance from the Texas Parks and wildlife Department concerning the site to be known as Green Valley Community Park in the City of North Richland Hills for use as a park site, and that Green Valley Community Park is hereby dedicated for public outdoor recreation purposes. section IV. This resolution shall be effective from and after its passage. DULY PASSED AND APPROVED this the 28th day of June, 1993. APPROVED: Mayor ATTEST: city Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City · CITY OF NORTH RICHLAND HILLS Department: Community Services Department .. Council Meetin~ Date: 6-28-93 Approval of Concept Plan for Green Valley Community Park and eUbject: Authorization to Proceed with Design Development Agenda Number~N 93-86 The consultants, J. T. Dunkin & Associates, have completed the revised concept plan for Green Valley Community Park. The plan was prepared in accordance with the citizen approved 1991 Park and Recreation System Master Plan, the city's ComDrehensive Land Use Plan, and it is designed to provide community park services in order to meet the needs of the citizens of North Richland Hills. While the proposed plan provides neighborhood facilities, other elements of the plan are also designed to meet the city's deficiency in athletic facilities. These facilities are normally found in community or city park land. There is a significant deficit in competition level soccer facilities, reflecting a median deficit of lS'competition level fields now, increasing to 19 fields in 1995. The adoption of this concept will still allow the Council time to approve the final design. It is suggested that a work session be scheduled to accomplish this the first two weeks of July. _COMMENDATION: The Parks and Recreation Board and Staff recommend your approval of the Green Valley Community Park Concept Plan and authorize J. T. Dunkin, Inc. to proceed with the design development phase with the condition of Council change of concept plans. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget .- Other Acct. Number Sufficient Funds Available I --..\~ ~~ ~ ~ Department Head Signature CITY COUNCIL ACTION ITEM ¡¿rl~ City Manager . Finance Director Page 1 of CITY OF NORTH RICHLAND HIlUS Department: Community Services Department .. Council Meeting Date: 6-28-93 .bject: Adoption of Family Aquatic Park Enterprise Plan Agenda Number: GN 93-87 The consultants, Brinkley/Sargent Architects and Counsilman/Hunsaker & Associates, Inc., have completed the Family ~tic Park Market Analysis and Enterprise Plan. The Enterprise Pla!1 vlas approved by the Parks and Recreation Board at their June 15, 1992 ~e~ting and presented to Council at the City Council and Parks & Recreation Board Work Session on June 22, 1993. The plan, which analyzes the aquatic rec.':eation needs of the community, outlines a program of design, estimates :.hE~ construction and project costs, and projects revenues and expenses. AI" f()rms ,of aquatic recreation, both indoor and outdoor, were considered, anc the f~ndings show that an outdoor family oriented aquatic park will best;:arve the immediate needs of the citizens of North Richland Hills and pr' {¡ide a balance of facilities for the needs of the community. At the joint City council and Parks and was decided that a seasonal enclosure 0 incorporated as a part of Phase I. The operation of the park will be earmarkeà If for any unforeseen reason, the antic funding can be allocated by reducing or funded projects. e RECOMMENDATION: Recreation Board Work Session it the 25 meter x 25 yard lap pool be first revenue proceeds from the for ins'tallation of the enclosure. ?ated revenue is not generated, =eprioritizing other sales tax It is recommended that the City counci ~pprove the Family Aquati.c Park Market Analysis and Enterprise Plan. Finan{' ./·ew (1. Number .:, ricient Funds Available Source of Funds: Bonds (GO/Rev.) ..Operating Budget ..."Other - Department Head Signature CITY COUNC /' ) / /.; f.-- ./ ///,/ il': ~'J .'~ J. (J ? I~ .. . ~ J \~. ~. . ,,_, J _./v~\,..? j .... -" \:.:.'-¡ ~ City Manager . Finance Director .:JTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Community Services Department " Council Meeting Date· 6-28-93 ~ Authorization to Proceed with Design Development · ..ubject: of the Familv Aquatic Park Enterprise Plan Agenda Number:GE- 93-88 Upon approval of the market analysis and enterprise plan, the City Council is requested to authorize staff to continue the contract for professional services of with Brinkley/Sargent Architects and cousilman/Hunsaker & Associates, Inc. for the professional and technical services necessary for the preparation of the design development and construction plans and specifications. The proposed fee, in the amount of $460,206, is 9.5% of the estimated construction cost of $4,528,493 (plus reimbursable expenses). The proposed fee includes a $20,000 credit for costs associated with preparation of the Enterprise Plan. This fee is in-line with specialty projects of this magnitude and the project cost is in accordance with the approved Five Year Sales Tax Capital Improvement Program. Completion of the design, plans, and specifications is a critical prerequisite to submitting a Texas Parks and wildlife Department $500,000 matching grant by the January 31, 1994 deadline. Completion of this step maintains our project timeline in order to schedule a grand opening of the Family Aquatic Park at the beginning of the 1995 summer swim season. FUNDING SOURCE: Account #09-92-14-6000 $460,206 e RECOMMENDATION: It is recommended that the city council authorize staff to contract the services of Brinkley/Sargent Architects and Cousilman/Hunsaker & Associates, Inc. for the preparation of the design and construction plans and specifications. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget e Other . .. Finance Dorecto, · ~,--J.::. ~ £ 1/1 -p {l\'-.e. Department Head Signature I 6ity~~~ .: CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Subject: Property Tax Refund Finance 6/28/93 I I I I I I I I I I I I I I I I I Council Meeting Date: Agenda Number: GN 93-89 The Texas Property Tax Code Section 31.11 (a) requires that refunds over $500 be approved by the governing body. The following refund requests have been received. FAMCO $6,826.81 Vacant Lot on Grapevine Hwy. 28.45 Acres ARB Lowered Value of Property Commonwealth Land Title Company 1,342.10 8912 Martin Drive Taxes Paid Twice Total $8,168.91 Recommendation: The tax office recommends approval of the refund as outlined above. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other . ~ ----:- ~ ~Depa~nature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Director City Manager Page 1 of I I I I I I I I I -- I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Public Works _ Council Meeting Date: 6/28/93 Subject: ~irlAw;:llk ;:Inri f)rivAw~y RAp~ir - Ordinance No. 1895 Agenda Number: ---'pW 93-25 We are experiencing the need for sidewalk and driveway repair throughout the City. Discussion with the Council as to how these repairs will be financed placed the responsibility with the property owner. The attached ordinance reflects the desire of Council. Recommendation: Staff recommends that Council approve Ordinance No. 1895. . Source of Funds: Bonds (GO/Rev.) Operating Bud Othe Finance Review Acct. Number Sufficient Funds Available ent Head Signature CITY COUNCIL ACTION ITEM -¡e1ll~ City Manager . Finance Director Page 1 of I ~ I I I I I I I . I I I I I I I f I ORDINANCE NO. 1895 AN ORDINANCE DEFINING RESPONSIBILITY TO CONSTRUCT, RECONSTRUCT OR REPAIR DEFECTIVE SIDEWALKS, DRIVEWAYS, AND PARKWAYS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. Any sidewalk, parkway, or driveway which has become defective, unsafe or hazardous is declared to be a nuisance. It shall be the duty of the abutting property owner to construct, reconstruct or repair any such defect within 30 days after receiving notice from the Director of Public Works of the existence of defect. 2. If the abutting property owner fails to timely repair such defect, the Director of Public Works shall be entitled to construct, reconstruct or repair the said sidewalk, parkway or driveway and to charge the abutting property owner for the actual costs of the said work done. The said Director shall give the abutting property owner an itemized statement of charges in writing which shall be due in 30 days from receipt thereof. If the said charges are not timely paid, the Director of Public Works shall be entitled to file an affidavit of charges and affix a lien on the abutting premises by filing same with the County Clerk of Tarrant County. Such charges shall draw interest at the rate of 8% from due date until paid. PASSED AND APPROVED this 28th day of June, 1993. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Public Works Set Date for Public Hearing on Bursey Road Sewer Improvements ~ Council Meeting Date: 6/28/93 Subject: Agenda Number: _PW 93-26 It is proposed that July 1 2, 1993 be set as the date for a Public Hearing on sanitary sewer improvements for Bursey' Road, from 135 feet west of Kendra Lane approximately 396 feet east to Kandy Lane. The notices will be mailed to all property owners to insure that they are notified at least 1 5 days prior to the public hearing, following which the necessity to construct the improvements and levy of assessments will be determined by adoption of ordinances. Recommendation: It is recommended that July 1 2, 1993 be established as the date for the Public Hearing on the necessity for improving and extending sanitary sewer improvement on Bursey Road. I I I I I I I I I Source of Funds: Bonds (GO/Rev.) Operating Budget Oth Finance Review Acct. Number Sufficient Funds Available ¡(·~11(/~ b ent Head Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Public Works Approve Change Order No. 1 for ~rIlIowrlY Brrln~h Channel Improvements. Phase 11-8 Agenda Number: ---XW 93-28 _ Council Meeting Date: 6/28/93 Subject: This change order is for replacing the total pavement from lip-of-gutter to lip-of-gutter in Cummings Drive, Cummings Court, and Janetta Drive where the proposed 42" diameter storm drain is to be installed. This full pavement width replacement will take the place of a street patch approximately 6 feet to 8 feet wide running the length of the proposed pipe installation. The full-width reconstruction with 4 inches of asphalt pavement on 6 inches of lime stabilized subgrade will provide a much more stable situation after construction. The pavement should last another 1 5 years with the reconstruct. If the patch system was used instead of reconstructing full-width, the patch would be more stable than the adjacent street and would possibly cause the adjacent street pavement to begin to crack and come apart. This will cause more maintenance for the City in the next 3 to 8 years. Any future pavement reconstruction will come from street funds. If the full width is reconstructed now with this change order, the monies will rightfully come from drainage funds. The cost for Change Order No.1 is $24,970.06 with a 10 calendar day increase in bid time. The original contract amount is $1,618,774.07. With Council approval of this change order, the new contract price for the project will be $1 ,643,744.13. Fundina Source: Sufficient funds were appropriated by previous Council action on April 1 2, 1993 by Agenda Item PW 93-11. Recommendation: The staff recommends Council approve Change Order No.1 in the amount of $24,970.06. Source of Funds: Bonds (GO/Rev.) Operating· Budget Oth r Finance Review Acct. N"umber 13-28-92-6000 ient Funds Available . Finance DIrector City Manager CITY COUNCIL ACTION ITEM Page 1 of ~._.- " . . I I- I I I I I I Ie I I I I I I I I- I JUN-23-' '33 WED 12: 46 I D: TEL t--~O: **010 P02 K-E-F NO. 3·36& CHANGE ORDER NO. -1- TO THE CONTRACT WHICH WAS DATED Between CITY OF NORTH RICWLAND HILLS MI~ 10.. ¡g13 , (OWNER) . (CONTRACTOR) And ORVAL HALL rXCAVATING CO.. 1NC. For ~AlLOWAY BRANCH CHANN[L IMPROVEMENTS Pursuant to the provisions of Section 6 of the Genera' Conditions of the Contract, this Change Order, when fully executed, shall constitute the authority to change the work of the Prajlct as fo"ows: This Change Order No.1 covers the cost of replacing 606 L.F. of Asphalt Pay.mlnt Re~'acement (Item No. 37D) in Cummings Drive. Cumm;ngs Court and a portion of Jlnetil DrivI, with 4tl thick (211 Type ¡'O" and 2- Type "B") H.M.A.C. on &" thick. Lime Stlbi1tzed Subgrlde from Lip of Gutter to Lip of Gutter. The Ltme shou1d be 32 pounds per square yard. Al' excavation and disposal of the eXisting asphalt material sha" be included. The Proposal asphalt should match existing grades and crown. A1' work shall be 1n accordance with the applicable provisions of Item 4.5.20, "Hot ft1iX Asphalt1c Concrete Pavementu. ~ Subtrlct the fa1'ow1ng bid items: BID 1m! BID WilI PRYCE QPANT. 606 1 TOT At COST SI2..150.30 ($12,150.30) DESCRIPTION 37D. Asphalt Pavement Replacement L.F. 20.05 TOTAL COST TO REMOVE . . . . . . . . . . . . . Add the following bid items: BID 1I£H BID Will PRICE QUANT L TOTAL COST DESCRIPTION 31P. Streit R~pllc...nt (incl. Exc., 4- thk HMAC and 6- thk Lime Stab. Subgrade) 15.32 ·2423 $37.120.36 $37,120.35 S.Y. TOTAL COST TO ADD ....,. . . . . « . . . . . . . . . . Thl Contract is modified as follows: Original Contrlct . · · · · · , · · · Th1s Ching. Order No.1. · · · · · · . . . . . .. $1.618.774.07 24.;70.0& Sl.64~~744.13 . . , . . Total Contract Amount Including Change Orders · . . . . . . . . 1-··· - '( , . I. I I I I I I I . I I I I I I I I- I JUN-23-'93 WED 12:46 ID: .,-.-.' . .-- .. Pagl 2 June 11. 1,e3 3-38&. Change Ord.r No. 1 TEL NO: Contract completion time shall be increased by It) CONTRACTOR'S OFFER OF PROPOSED CHANGE: By: ~~.~ ENGINEER'S RECOMMENDATION OF ACCEPTANCE: By: OWNER'S ACCEPTANCE Of CHANGE: By: L **010 P03 days because of this change. Date: ~ Z3,1"~ Cate: Date: ~ i~ 5 9 ~ x 584.( o I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 6/28/93 Approve Final Pay Estimate No. 3 in the Amount of $76 457 99 to Hall-Albert Construction Agenda Number: PAY 92-19 Company for U.S. 377 Utility Adjustments, Phase 2 Subject: This project was awarded by Council on October 26, 1992 (PW 92-26) for $225,881.30 to Hall- Albert Construction Co. Final payment to the Contractor will make his total earnings on the project $192,298.03. This is $27,756.79 under the contract amount. The savings is mostly due to not having to install as much 24-inch diameter water pipe, ductile iron fittings and pavement replacement as originally estimated. The Contractor substantially completed this project on February 24, 1 993. The contract completion date was February 28, 1993. The project is now totally complete with all final adjustments having been made. Fundina Source: Sufficient funds are available for the final payment of $ 7 6 ,45 7.99 and may be disbursed from the account identified below. Recommendation: The staff recommends Council approve final payment to Hall-Albert Construction Company in the amount of $ 76,457.99. I I I I I Source of Funds: Bonds (GO/Rev.) Operating Budge o r¡ - Finance Review Acct. Number 02-92-08-6000 nt Funds Available . Fmance Director ~ ar ment Head Signature CITY COUNCIL ACTION ITEM Page 1 of I I. I I I I I I I . I I I I I I I I· I -1 KNOWL TON-ENGLISH-FLOWERS, INC. D (] © @ O~1J[~ 1?:\1 I dill: J !!! ;If ¡ -- " " : : t ~ . f j L III)}! . ",- / I ...........01'-"; CONSULTING ENGINEERS / Fort Worth-Dallas June 9, 1993 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-569, CITY OF NORTH RICHLAND HILLS, U.S. 377 UTILITY ADJUSTMENTS, PHASE 2, FINAL CONTRACTOR'S ESTIMATE (NO.3) For your consideration, we enclose Contractor's Estimate No. 3 (and Final) for the referenced project. The project includes the relocation of approximately 2,400 linear feet of various diameters of water line in preparation for the reconstruction of u.S. 377 (Denton Highway), from north of Chapman Road to Hightower Drive in Yatauga. The project conforms to plans and specifications, as attested by your representative, Mr. Larry Jones. The final Contract cost of $192,298.03 is $27,756.79 less than the City's contractural obligation (original Contract plus change orders). The enclosed Project Status Report presents the over or under-runs in the individual items of construction. A two-year maintenance bond commencing on the date of this letter will terminate on June 9, 1995. The bond provides that the Contractor shall maintain, repair, reconstruct and/or replace all defective conditions or materials resulting from failure or improper functioning of any item of construction furnished under this Contract. Ye recommend that the Council accept the project as complete and, after receipt of an "Affidavit of All Bills Paid" executed by the Contractor, issue a final payment in the amount of $76,457.99 to Hall-Albert Construction Company, 201 N.E. 29th Street, Fort Yorth, Texas 76106. Please call if you have any questions in regard to this project. D~ , ~.' DHC/dc/cones3 Enclosures xc: Mr. Greg Dickens, P.E., Director of Public Yorks Mr. Larry Jones, City Inspector Mr. Phillip Stephenson, Hall-Albert Construction Co. 1901 CENTRAL DR., SUITE 550 . BEDFORD, TEXAS 76021 . 817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389 I' 3 & Final CONTRACTOR'S ESTIMATE 3-569 09-Jun-93 90 30-Nov-92 28-Feb-93 I Estimate No.: File No: . Project Description: I Contractor: Owner: Place: I I I I I I -- I I I NRH589.WK3 U.S. 377 UTILITY ADJUSTMENTS PHASE 2 Job No.: HALL-ALBERT CONSTRUCTION COMPANY CITY OF NORTH RICHLAND HILLS WATAUGA, TEXAS NO. ITEM DESCRIPTION 1 . 2. 3. 4A. 5. 6. 7. 8. 9. 10. 1 1 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . *20. *21 . 22 . 23 . 24 . 25 . 26 . *27 . 6' Dia. (DR-18) CI. 150 PVC Water Pipe 8" Dla. (DR-18) CI. 150 PVC Water Pipe 16' Dia. (DR-18) CI. 150 PVC Water Pipe 24" Dla.(CI. 50) Ductile Iron Water Pipe 6' Gate Valve w/Box and Concrete Block 81 Gate Valve w/Box and Concrete Block 161 Vert. Gate Vlv w/Box & Concrete Block 241 Vert. Gate Vlv w/Box & Concrete Block 40" Dia. Welded Stl Csng in Opt:n Trench Ductile Iron Fittings Fire Hydrant Salvage & Relocate Exist. Fire Hydrant Salvage & Relocate Exist. Gate Valve Salvage Exist. Gate Valve Reconnect Single Wtr Service. Commercial Recon. Exist. Air/Vacuum Rls Vlv Assembly 21 Combination Air/Vacuum Rls Vlv & Vlt Remove Exist. Blow - Off Assem bly Rem. Ex. AlrNacuum Als Vlv Asmbly & Vlt Asphalt Pavement Replacement Concrete Pavement Replacement Rem/Repl 41 Thick Reinf. Conc. Sidewalk Rem/Repair/ReI. Wooden Stockade Fence 40lDia Wlded Stl Csng by Borngrrunneling Trench Safety System Miscellaneous Plumbing Allowance Alternate Paving Replacement (C.O. #1) Field Verification of Job Conditions and Confirmation of Pay Quantities I Original Sl;bmittal Signed By: LARRY D. JONES (Owner's Project Representative) - --------.----- --. I . I Total Earnings (lnc!. Retain.): Time Charged Thru This Period: I Date: I I JUNE 7. 1993 ------- ---- ----~-- - Contract Amount Change Order #1 Total Obligation $225.881 .30 (5.826.48). $220,054.82 $192.298.03 90 UNIT L.F. L.F. L.F. L.F. EACH EACH EACH EACH I ~ ~.r. LBS. EACH EACH EACH EACH EACH EACH EACH EACH EACH L.F. L.F. S,F. L.F. L.F. L.F, L.S. S.Y. . ._---_..~------ PAGE 1 OF 1 Date: CaJ Days: W.O. Date: Scheduled Completion Date: F or Materials Furnished and labor Performed in Poriod Ending: Time Charged Thru Period (Days): 28-Feb-93 90 PREVIOUS THIS UNIT ESTIMATE ESTIMATE TOTAL PRICE AMOUNT 0.00 70.00 70.00 $18.50 $1,295.00 0.00 25.00 25.00 20.50 512.50 0.00 1 00.00 100.00 26.00 2.600.00 2,154.00 50.00 2,204.00 47.20 104,028.80 6.00 3.00 9.00 370.00 3,330.00 2.00 0.00 2.00 475.00 950.00 0.00 2.00 2.00 2,700.00 5,400.00 1.00 0.00 1.00 8,300.00 8,300.00 70.00 0.00 ìO.OO 58.00 4,060.00 4,244.00 17,743.00 21,987.00 1.19 26,164.53 0.00 1.00 1.00 1 ,1 50.00 1 ,1 50.00 0.00 5.00 5.00 650.00 3,250.00 0.00 3.00 3.00 210.00 630.00 0.00 1.00 1.00 110.00 110.00 0.00 3.00 3.00 325.00 975.00 0.00 0.00 0.00 770.00 0.00 0.00 1.00 1.00 1,850.00 1 ,850.00 0.00 1.00 1.00 280.00 280.00 0.00 2.00 2.00 280.00 560.00 0.00 0.00 0.00 23.00 0.00 0.00 0.00 0.00 19.00 0.00 0.00 24.00 24.00 4.40 105.60 0.00 0.00 0.00 11.30 0.00 0.00 80.00 80.00 210.00 16.800.00 2.154.00 150.00 2,304.00 3.00 6,912.00 0.00 0.01 0.01 7,500.00 100.00 0.00 365.00 365.00 8.04 2,934.60 Approved: Knowlton-English-Flowers, Inc. con~eers By: I. (Project ManaA ! Date: b ~ 75 Value of Completed Construction. . . $192,298.03 Value of Materials On-Site. . . . . . . . 0.00 Subtotal. . . . . . . . . . . . . . . . . . . . . . . 192,298.03 Less Percent (%) Retained. 0% 0.00 Difference. 192,298.03 Less Previous Payments. 115,840.04 Difference Due this Estimate . $76,457.99 (Note: Pay Last Amount Shown) Obligation: $220,054.82 Time: 90 Percent: Percent: 87.39% 100.00%