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CC 1999-07-12 Agendas
CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JULY 12, 1999 —4:00 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers, 7301 Northeast Loop 820 NUMBER ITEM ACTION TAKEN 1 Discuss•Items from Regular July 12, 1999 City Council Meeting (5 Minutes) 2. GN 99-62 Approval of Thornbridge Neighborhood Park Plan (Agenda item No. 16s) (10 Minutes) 3. IR 99-092 Possible Change of Meeting Times for-duly26 - Pre-Council and Council Meeting (5 Minutes) 4. *Executive Session (35 Minutes)—The Council may enter into closed executive session to discuss the following: Consultation with Attorney Under Government Code §551.071 — Eminent Domain for Land L_ Acquisition 5. IR 99-093 Work SessiorFwith Cultural & Educational Ad Hoc Committee to Discuss Report Presented at June 14 City Council Meeting (5:00 pm) 6. Adjournment— 6:50 pm *Closed due to subject matter as provided by the Open Meetings Law; If any action is contemplated-, it will be taken in open session. SI JUL 29 J 7/12/99 Page 2 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JULY 12, 1999 — 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation — Father King, St. John the Apostle Church 3. Pledge of Allegiance 4. Special Presentations a. Proclamation - National Park and Recreation Month 5. Removal of Item(s) from the Consent Agenda 7/12/99 Page 3 NUMBER ITEM ACTION TAKEN 6. Approval of Consent Agenda Items a.) Minutes of the Pre-Council Meeting June 28, 1999 b.) Minutes of the Council Meeting June 28, 1999 GN 99-55 c.) Approval of Extension of Sanitary Sewer Surcharge— Ordinance No. 2396 GN 99-56 d.) Approve Amended Agreement for Engineering Services with Carter& Burgess, Inc. for Wastewater Rehabilitation Project per EPA Administrative Order PU 99-29 e.) Purchase of Police Vehicle from Lawrence Marshall Chevrolet in the Amount of$29,810 PU 99-30 f.) Award Bid for 1999 Motorcycles to Kawasaki City in the Amount of $25,935 PW 99-13 g.) Award of Bid for the 24th Year CDBG Project/Lynn Terrace Street Improvements to Sutton & Associates, Inc. in the Amount of$178,512.35 PW 99-14 h.) Approve Agreement for Engineering Services with Knowlton, English & Flowers, Inc. for the Big Fossil Creek Wastewater Outfall System Planning Study- Resolution No. 99-43 I 7 LRC 99-05 Public Hearing to Consider the Request of Scott Kunkle for Variances to the Landscaping Ordinance, No. 2375, Lot 2, Block 1, Kunkle Addition (Located 7700 Block of Mid-Cities Boulevard) 7/12/99 Page 4 NUMBER ITEM ACTION TAKEN 8. PZ 99-18 Public Hearing to Consider the Request of John Barfield for Jean Barfield Properties for a Change of Zoning on Tracts 10C2, 10D1, 10E & 10E1, of the T. Peck Survey, A-1209, from AG-Agricultural to C1- Commercial - (Located in the 8500 Block of Davis Boulevard)- Ordinance 2397 9. PS 99-05 Public Hearing to Consider the Request of Tommy Kline for a Replat to be known as Lots 1-27, Block 1, Lots 1-25, Block 2, Lots 1-27, Block 3 and Lots 1-41, Block 4, Holiday Meadows Addition (located in the 5500 Block of Holiday Lane) 10 PS 99-13 Consider Request of Ernest Hedgecoth for a Replat to be known as Lots 1R1 & 2, Block 1, Monte Commercial Addition and Request for Waivers to the Subdivision Regulations Relative to Right-of-Way Dedication and Construction of Sidewalks. (Located at 7001 Grapevine Highway) 11. GN 99-57 Appointments to Boards and Commissions 12. GN 99-58 Appointment to Place 7 on the Crime Control and Prevention District 13. GN 99-59 Appointments to the Park and Recreation Facilities Development Corporation 14. GN 99-60 Appointments to Place 1 and 3 on the Animal Control Advisory Committee I _ 15. GN 99-61 Approval of Submittal for TEA-21 Enhancement Program (Trail Projects)- Resolution No. 99-48 7/12/99 Page 5 NUMBER ITEM ACTION TAKEN 16 GN 99-62 Approval of the Thornbridge Neighborhood Park Plan 17. GN 99-63 Authorizing the Submittal for a Texas Parks and Wildlife Grant for Brandonwood Neighborhood Park Site - Resolution No. 99-47 18. GN 99-64 Public Hearing on Local Law Enforcement Block Grant 19, PW 99-15 Award Right-of-Way Acquisition Contracts for the Rufe Snow Drive Widening Project (I.H. 820 to Mid-Cities Boulevard) 20. (a) Citizens Presentation (b) Information and Reports 21 Adjournment INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-092 Date. July 12, 1999 Subject Possible Change of Meeting Times for July 26 Pm-Council and Council Meeting The dedication and open house for.the Birdville ISD Fine Arts / Athletic Complex is scheduled for 6:30pm, Monday, July 26. We anticipate that the Mayor and City Council members will want to attend that dedication and open house. Since this is also the same evening and time of the regular City Council meeting, we wanted to discuss with you the possibility of changing the Pre-Council and official meeting time. We have checked to see if there are any public hearings that have been published for the usual 7 00pm time and we find that we do not have any published and scheduled. In order to accommodate the Mayor and Council attending this, we could begin the regular Council meeting at 7:30pm and hold the Pre-Council from 5:00pm to 6:00pm. We would appreciate your consideration of adjusting the meeting times for the July 26 meetings and will plan to discuss this with you Monday evening, July 12. Respectfully submitted, Larry J. unningham City Manager LJC/Id a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-093 L Date July, 12, 1999 Subject Cultural and Educational Ad Hoc Committee Work Session The Cultural and Educational Ad Hoc Committee presented its recommendations at the June 14, 1999 City Council meeting. At that time, the Committee asked that a work session be scheduled with the City Council to go over the recommendations in more detail. During the June 28, 1999 Pre Council meeting, the work session was set for Monday, June 12, 1999 at 5:00 PM. The Ad Hoc Committee members have been invited to the work session, and we anticipate most will be present. The information in this report provides a brief summary of the Committee's recommendations. The Committee's written report is attached for further information. Recommendations begin on page 29 of this report. In general, the Committee recommended the following: • Increasing the number and variety of cultural activities and working to improve citizen awareness of current activities • Increasing subsidization and awareness of scholarship funding for disadvantaged residents wishing to participate in Parks & Recreation programs. Evaluating the use if other public facilities to make programs more accessible to residents . • Offering college readiness courses for the workforce and computer training for preschoolers, parents, and the workforce • Partnering with BISD, Tarrant County College, and other organizations in the community to increase the number of facilities available for educational classes • Expanding general preschool, reading and mentoring projects for children and youth, particularly the disadvantaged • Pursuing a Sister City exchange program • Increasing the facilities available for cultural and educational activities. Acquire portable signage for special events. Consider creating a multipurpose facility that could serve a variety of cultural and educational purposes • Creating a distance learning facility employing interactive technologies • Assessing block grant and other public funding, joint projects with community organizations, and citizen fees to fund activities • Developing improved volunteer program to coordinate volunteer participation in City and community programs This work session is an opportunity to explore the recommendations in detail and discuss implementation and funding methods. We look forward to reviewing these recommendations with the City Council and the Committee. Respectfully submitted, Larry‘- J.J. unningham City Manager a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS a c a h V1 Z ° _� '� ° ,<- U �. U ° E • x; U w et we cn _ i ct Ot Z Climmi .1--i O at ',I", C! 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Q) U N G Q" U • ..� c� O 'b C E 0 ▪C 4l CA > CA a E � N 'G v a) b cad b • •> dD •> ▪ ,> O > is is O 0 C V 0 Is ao O - .0 a a a al cd • • • • • 01 us o U i cd to Q 0 riel 0 0 -d > to .' � CA C t CI • � U N cd ., (�,, r"' N ,,' • - ye CA 4.% N "" O •� W 0 r Ees +4 .b000cida U t) o a � 0 0 Q) E a) > U ca -0 •— ." U N c� G VI ' c, a v) w a In C. M ,� . + : • 0 —F5,..• • 1• .. 14 11 • ii : rri 4 W,/ 4/ Id 51 h 42 .o 2 cti ll Z coo Woa .� U � • Ocn O rd ct '_ o al '-ti I) Cr C s cri _ o o °ai o o ' � U 2 ici $-4 0 _>ii o o °' ° r ° 0 -�+ ct ° 0 0 1 1 NRH • CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, hint is recognizes as National Parks ant'Recreation Month bsl the National Recreation ant'Park Association: ant' WHEREAS,parks. recreation ant'leisure experiences provibe opportunities for youns people to live. grow. ant't'evelop into contributing members of society: ant' WHEREAS.parks ant'recreation generates opportunities for people to come together ant'experience a sense of community through fun recreational pursuits: ant' WHEREAS,parks ant'recreation provibes outlets for physical activities. socialization, ant' stress-reDucing experiences: ant' WHEREAS,parks. playgrount's.nature hails, open spaces ant'recreation facilities make communities t'esirable places to live,work ant'play. contributing to economic vitality ant' WHEREAS, parks, trails ant open space provibe a welcome respite from our . fast paces. high-tech lifestyles while protecting ant'preserving our natural environment ant' WHEREAS, parks ant,recreation touches the lives of int'ivit'uals.families. groups. ant'the entire communing which positively impacts upon the social. economic. health ant' environmental quality of our communing. NOW. THEREFORE. I Charles Stoma, Mayor of the City of North Richlant' Hills Do hereby proclaim the month of Juht as: "PARKS AND RECREATION MONTH" in the ON of North Richlant' Hills ant'urge all citizens to celebrate by participating in one of the many leisure pursuits available in our city. \;d`l`,•1a1H!l,•y�i IN WITNESS WHEREOF. I have hereunto set my bans ant'causes the seal of the City of North Richlans U 1 Hills to be affixes this the ,2°i say of duly 1999. -10(41moiLet • Charles Stoma. Ma MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 — JUNE 28, 1999 — 6:00 P.M. Present: JoAnn Johnson Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr Councilman Don Phifer Councilman T Oscar Trevino, Jr. Councilman Larry J. Cunningham City Manager Randy Shiflet Deputy City Manager Steve Norwood Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Rex McEntire Attorney Greg Dickens Public Works Director Larry Koonce Finance Director Donna Huerta Director of Communications Marty Wieder Director of Economic Development Thomas Powell Director of Support Services Paulette Hartman Assistant to City Manager Steve Brown Library Director Absent: Charles Scoma Mayor Matt Milano, Ph D. Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Pro Tern Johnson called the meeting to order at 6:00 p.m. She advised that both Mayor Scoma and Councilman Milano had been detained by traffic. DISCUSS ITEMS Agenda Item 6c, GN 99-53— Councilman Metts NAN FROM REGULAR questioned the type of alternative fueled vehicles the JUNE 28, 1999 City was considenng. Staff advised that the City CITY COUNCIL would be purchasing propane vehicles that are MEETING already converted and certified from the factory. Staff advised that the City is required by law to • purchase 30 percent of its non-emergency new vehicles as alternative fueled vehicles. The City will be required after 2000 to purchase 50 percent alternative fueled vehicles and to purchase after 2002, 70 percent alternative fueled vehicles. 1 Pre-Council Minutes June 28, 1999 Page 2 ITEM DISCUSSION ASSIGNMENT IR 99-087 Several of the Council Members advised that they PATRICIA POSSIBLE WORK would like to hold the work session on the same date SESSION DATES as a Council meeting. After discussion, the WITH CULTURAU consensus of the Council was to hold the work EDUCATIONAL AD session with the Cultural and Educational Ad Hoc HOC COMMITTEE Committee on July 12. The City Manager is to work out the meeting times for the Pre-Council and the Work Session. The City Manager subsequently set the time for the work session with the Committee at 5:00 p.m. on July 12. IR 99-091 DISCUSS The City Manager briefed the Council on the Sewer STEVE NJGREG D. EPA A.O. System Evaluation Study and the omissions made WASTEWATER by Carter and Burgess in the original Study. Mr. REHABILITATION John Cook, Carter & Burgess, Inc., and their field PROJECT contractor, Mr. Jim Forbes, Byrd/Forbes, Inc. were (ADMINISTRATIVE present and gave a presentation concerning the ORDER) omission of the data from the study. Mr. Cook explained the procedure for doing the Study, how the per linear foot surcharge was determined and how some of the data collected was omitted from their database. He explained that when they began the design phase and started the fieldwork, they discovered that some of the data was missing. Charts were displayed for the Council showing Contracts A & B and the omitted data. Mr. Forbes explained how the videotapes were shipped for conversion to CD and that when the data was returned to them, there were two shipments. They did not realize there was a second shipment and this was when the omission of data occurred. Mr. Cook advised that they were offering a $40,000 credit to the City. He further advised that the City would receive a refund check for one-half the amount from Carter and Burgess and a check from Byrd/Forbes for the other half. Mayor Scoma present at 6:24 p.m. Councilman Milano present at 6:25 p.m. There was discussion on contacting EPA to inform them of the omission and that the City is amending the plan to include the omissions. Council discussed how they felt the additional financing should be accomplished. After discussion, it was the consensus of the Council to accept Carter& Pre-Council Minutes June 28, 1999 Page 3 1 ITEM DISCUSSION ASSIGNMENT Burgess' proposal to reduce their fees by $40,000 in response to the omission, to proceed with advertisement for bids on Contract A—to meet Priority 1 repairs for April, 2000 and to continue the surcharge for 12 months beyond the 5 year plan to cover the additional expenses. IR 99-088 Mayor Scoma and Mr. Norwood briefed the Council STEVE N. LEGISLATIVE on the TML Legislative Update they attended in UPDATE Austin earlier in the day. Mayor Scoma advised that it was suggested at the briefing that the cities meet with their legislators to hold them accountable to the cities and to find out why the legislators introduced and supported bills that were harmful to cities. The Council agreed that they should meet with the City's legislative representatives prior to the next session and provide them with documentation of issues important to the City. Mr. Norwood advised the Council that if they wish to opt out of the sales tax abatement in August, that they will need to hold a public hearing. The Mayor felt that a work session should be held to inform the Council of the new legislation that will be affecting the City. ADJOURNMENT Mayor Pro Tem Johnson adjourned the Pre-Council Meeting at 6:52 p.m. Charles Scoma— Mayor ATTEST: Patricia Hutson —City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 —JUNE 28, 1999 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order June 28, 1999 at 7:00 p.m. ROLL CALL Present: Charles Scoma Mayor JoAnn Johnson Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman Don Phifer Councilman Matt Milano Councilman T Oscar Trevino, Jr. Councilman Staff Larry J. Cunningham City Manager Randy Shiflet Deputy City Manager Steve Norwood Assistant City Manager Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Greg Dickens City Engineer Rex McEntire Attorney 2. INVOCATION Dr Tommy Teague, North Richland Hills Baptist Church, gave the invocation. Mr. Teague briefed the Council on the community outreach programs his Church provides to the community. 3. PLEDGE OF ALLEGIANCE Qty Counal Minutes June 28, 1999 Page 2 4. SPECIAL PRESENTATIONS A. PRESENTATION BY TARRANT COUNTY CHALLENGE, INC — TARRANT YOUTH RECOVERY CAMPUS ISSUES Commissioner Glenn Whitley gave an overview of the Tarrant County Youth Recovery Campus, a new facility that opened its doors on April 15, 1999. Mr. Whitley introduced Ms. Jennifer Gilley, Executive Director of Challenge, Inc. and Ms. Rosie Block, Co- Chair of Tarrant Youth Recovery Campus Board. B. YARD OF THE MONTH AND LANDSCAPE OF MONTH AWARDS Ms. Patsy Tucker, Chairman of Beautification Commission awarded Yard of the Month to the following James and Po Pae McDaniel, 4517 Castlecombe Place, Brent & Donna Vandever, 7205 Marilyn; Beverly & Mark Barfield, 6321 Skylark Circle; Bill McDonald & Roxanne Robinson, 5501 Scott; Dan Ross, 8029 Lynda Lane; Glenn Bolton, 7617 Kimberly Court; Randy & Lisa Sain, 7109 Jeffrey; Beth Swisher& Cary Hardin, 7516 Red Oak Street; and Scott & Tracey Andrews, 8917 Trails Edge Drive. Ms. Tucker also presented the Landscape Award to Green Mama's, 5324 Davis Boulevard. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING JUNE 14, 1999 B. MINUTES OF THE COUNCIL MEETING JUNE 14, 1999 C. GN 99-53 ALTERNATIVE FUELS GRANT— RESOLUTION NO. 99-44 D. AWARD BID FOR 1999 STREET WEDGE MILLING PROJECT TO DUSTROL INC. IN THE AMOUNT OF $38,266 City Council Minutes June 28, 1999 Page 3 Councilman Metts moved, seconded by Councilman Phifer, to approve the Consent Agenda. Motion carried 7-0. 7. GN 99-54 CDBG JOINT COOPERATIVE AGREEMENT WITH TARRANT COUNTY — RESOLUTION NO. 99-45 APPROVED Mr. Steve Norwood, Assistant City Manager, recapped item GN 99-54 for Council. Mayor Scoma inquired if this request would impact the City's future grant requests. Mr. Norwood advised Mayor Scoma there would be no impact. Councilman Phifer moved, seconded by Councilman Milano to approve GN 99-54, Resolution No. 99-45. Motion carried 7-0. 8. GN 99-55 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT— RESOLUTION NO. 99-46 APPROVED Mr. Randy Shiflet, Deputy City Manager, summarized the 1999 Local Law Enforcement Block Grant requirements and possible date for the Public Hearing. Councilman Milano moved, seconded by Councilman Trevino, to approve GN 99-55, Resolution No. 99-46. Motion carried 7-0. 9. GN 99-56 SET DATE FOR PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT APPROVED Councilman Metts moved, seconded by Councilman Mitchell to set the public hearing for July 12, 1999 Motion carried 7-0. City Council Minutes June 28, 1999 Page 4 10. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Chief Tom Shockley, Police Department, furnished the Council with a presentation on the status of the Crime Control District. Ms. Donna Huerta, Communications Director, discussed strategies on educating the public about the Crime Control District results and support to reauthorize a sales tax to continue the program 11. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:16 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department. Finance Council Meeting Date 7/12/99 Subject Approval of Extension of Sanitary Sewer Surcharge Agenda Number. GN 99-55 Ordinance No. 2396 At the June 28, 1999 Pre-Council meeting, a presentation was made to Council outlining omitted costs of the Sewer System Evaluation Study (SSES). As you will recall from this presentation, approximately $1 5 million of omitted sewer rehabilitation work was discovered during the design phase of the SSES Plan. After the presentation was made, Council expressed the desire that the spirit of the EPA order be met by completing the additional rehabilitation that was discovered. Council also expressed the desire to continue the "pay-as-you-go" plan of paying for the additional cost by extending the current surcharge by one additional year. In order to stay on schedule with the EPA order, Staff has submitted an ordinance which would meet the City's obligations. The ordinance addresses the $1.5 million sewer rehabilitation and extends the surcharge by one year to February 2004. Staff has also established a plan of action which will allow us to meet the A O. deadlines. A revised schedule is attached. Recommendation: To approve Sanitary Sewer Surcharge Ordinance No. 2396 extending the current charges for one (1) additional year to February 2004. Finance Review Source of Funds- Account Number Bonds (GO/Rev ) Sufficient Funds • T. -• Operating Budget • Other /,�O l I IL an Finance Director u �1rf{L/iai/� r nit 6✓IVIt�(?/ ■e.artmgnt 'ead Signature Manager Sign rev ORDINANCE NO 2396 WHEREAS, Ordinance 2282 created and applied the Environmental Protection Agency (EPA) sewer surcharge to raise the funds to pay for the Sanitary Sewer Evaluation Survey Plan (SSES) as approved by the EPA in 1998; and WHEREAS, Ordinance No. 2282 set the surcharge per sewer connection per month at $3.00 for residential, $2.00 for multi-family and $15.00 for commercial/industrial, but in no case any less than $3.00 per month for any sewer customer; and WHEREAS, Ordinance No. 2282 implemented the charge in March of 1998 to be collected for a period of five (5) years; and WHEREAS, during the design phase of the SSES rehabilitation program City engineers discovered omitted costs of approximately $1.5 million dollars; and WHEREAS, the City of North Richland Hills desires to be in full compliance with all EPA requirements for the safety and welfare of our community and to operate an efficient sanitary sewer system; and WHEREAS, the City wishes to continue the "pay-as-you-go" funding established by Ordinance No 2282; and WHEREAS, the surcharge implemented by Ordinance No. 2282 will raise the additional funds to pay for the omitted costs if extended for one (1) additional year through February of 2004. NOW THEREFORE, BE IT ORDAINED BY THE BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1 That the EPA sewer surcharge established by Ordinance 2282 be extended for one (1) additional year and end in February of 2004. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS this the 12th day of July 1999 Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY. Attorney for the City APPROVED AS TO CONTENT: Larry Koonce, Director of Finance The Administrative Order from the EPA to North Richland Hills concerning sanitary sewer overflows was dated June 8, 1998 The schedule outlined in the A.O. for corrective actions is shown below Begin Design of Priority 1 and 2 Rehabilitations ..... .. ... .... . . .....June 1, 1998 Complete construction of Prionty 1 Rehabilitations .. . ..... . . . .... . . April 1, 2000 Complete construction of Priority 2 Rehabilitiations . . April 1, 2003 The current status of this project is noted by the schedule below. Design plans and specs complete for Contact A.... . . . . ...... ........ . . .... .June 15, 1999 Review additional repairs with Council June 28, 1999 Advertise Contract A for bids July 8, 1999 Council approve surcharge time extension . ......... . ... . . ..... . . .... . . ... . . ...July 12, 1999 Deliver and discuss Quarterly Report with EPA ... .... . . ..... . . .... . . . ... . . ...July 14, 1999 Prebid meeting with contractors. July 20, 1999 Open bids for Contract A July 29, 1999 Award bid on Contract A... ........ . ..... . ..... . . ....... . . ....... . . ... . . ....... . . ... August 9, 1999 Award construction Inspection Contract . . ... . . . ..... . . ....... . . ... . ...... . . ..August 9, 1999 Begin construction on Contract A. . September 1, 1999 End construction on Contract A. . . ... . . ..... . . .. . . April 1, 2000 Design plans and specs complete for Contract B . December 1, 1999 Advertise Contract B for bids... ..... ....... ....... ................... . .... .... . ...January 2, 2001 Prebid meeting with contractors January 11, 2001 Open bids for Contract B February 1, 2001 Award bid on Contract B.. . ....... . . . ... .. . .... . . February 26, 2001 Begin construction on Contract B . ... _. ...... . ........ . . ... . . .. March 26, 2001 End construction on Contract B . . ... . . . .... . . ... . . .April 1, 2002 • CITY OF NORTH RICHLAND HILLS Department Public Works Council Meeting Date. 7/12/99 Subject Approve Amended Agreement for Engineering Services Agenda Number GN 99-56 with Carter& Burgess, Inc. for Wastewater Rehabilitation Project per EPA Administrative Order. Staff has requested and received an amended engineering agreement with Carter & Burgess, Inc. on this project. The revisions to the original agreement (PU 98-31, approved 4/13/98) are noted as follows: • Additional $62,600 fee for engineering on "omitted repairs." • Additional $5,560 fee for engineering on Whitfield Court sewer main relocation. These additional engineering costs total $68,160 for an additional $1,021,870 in repairs. This is in accordance with the information presented to Council in IR 99-091 and discussed at Pre Council on June 28`". Sufficient funds are available to cover the cost based on the sanitary sewer surcharge being extended an additional year. Carter& Burgess, Inc. has also offered to refund $40,000 in engineering fees as a result of the repair data being omitted from the Sanitary Sewer System Evaluation Study (SSES). Recommendation: To approve the amended engineering services agreement with Carter & Burgess, Inc for an amount of$68,160 and accept their refund of $40,000 in engineering fees associated with the SSES omissions. Finance Review Source of Funds Account Number 02-26-13-6000 Bonds (GO/Rev ) — Sufficient Funds Available Operating Budget Other ` / 41 s;Aa Li• 4_ Finance Director _a% itil�jms tim '1/ I ZVhL 11 . m re- Signature C y ManagerSign-lure o„.e , ,.r AMENDMENT to CONTRACT (A/E) Project- Sanitary Sewer System Repair/Rehabilitation t lame, Address) Gregory W. Dickens, P E DATE: July 6. 1999 Public Works Director City of North Richland Hills Amendment No.: ONE P 0 Box 820609 North Richland Hills, TX 76180 Engineers Project 981185010 No.: To: Carter& Burgess, Inc. Owner/Architect No.: _ 3880 Hulen Street P. 0 Box 985006 Contract For: Sanitary Sewer System Fort Worth, Texas 76185-5006 Rehabilitation Design Contract Date: April 14, 1998 You are directed to make the following changes in the subject Contract Add the following to• I Scope of Services J Design of repairs not originally in the Sanitary Sewer Evaluation Survey Report to include line replacement by open cut and trenchless methods, and point repairs. These repairs have an opinion of probable construction cost of$1,042,770. K. Design of re-route of existing outfall main at Whitfield Court, approximately 200 linear feet of rerouted line. Enclosures: These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to this Change Order Not to Exceed $300,000 00 Net Increase Resulting from this Change $68,160 00 Current Contract Price Including this Change Order Not to Exceed $368,160 00 Contract Time Prior to this Change Order Net Resulting from this Change Order Current Contract Time Including this Change Order Authorized Carter & Burgess, Inc. Engineer Architect Owner P. 0 Box 985006 Address Address Address t Word-xas 76185-5006 J By �_ 11 (.49/— By By: Date' 7 c Date. Date. N VO819811 PSW NrMCP9B118500 AM3 CITY OF NORTH RICHLAND HILLS Department Support Services Council Meeting Date 7/12/99 Subject Purchase of Police Tahoe from Lawrence Marshall Agenda Number PU 99-29 Chevrolet in the amount of$29,810 In the past few months three Police Department patrol vehicles have been taken out of service due to damage sustained in traffic accidents. The last vehicle was damaged on Friday, June 25, and is pending settlement with the other drivers insurance company. Reducing the patrol fleet by three vehicles has created a shortage of vehicles during peak times when other patrol vehicles are out of service for maintenance or training Lawrence Marshall Chevrolet, having the State bid for police package Tahoes, ordered several extra white Tahoes anticipating the need by law enforcement agencies. These Tahoes meet our specifications except for the exterior paint color. All of the City's patrol vehicles require some additional painting upon delivery, so painting the remainder of the white Tahoe to match the fleet is not a problem. It will be several months before Chevrolet introduces the new Impala police package patrol vehicle, so the Police Department has requested to purchase one Police package Tahoe for$29,810. The Tahoe will be paid for with $15,000 from the City insurance fund, approximately $9,000 from GEICO Insurance, and the remainder from the Police Department forfeiture fund. This purchase complies with State law and City purchasing policy since the selling price was established through competitive bidding. Recommendation' To approve the purchase of one police package Tahoe from Lawrence Marshall Chevrolet in the amount of$29,810. Finance Review Source of Funds Account Number 510-7032-712.74-10 Bonds (GO/Rev ) Sufficient Funds Available Operating Budget ^`J�n , ""_" rI�/.�_ ' Other �+�wv�y 1 e-+" °"'� Finance Director I U iha A .1; . ) ?> add� Department He.• Signature ray Manager •ign- ure Page 1 of 1 CITY OF NORTH RICHLAND HILLS Department Finance / Police Department Council Meeting Dale: 7/12/99 Subject Award Bid for 1999 Motorcycles to Kawasaki City in the Agenda Number: PU 99-30 Amount of$25,935 The Police Department currently has five motorcycles in service and one motorcycle that is used for training. The last three motorcycles were purchased in 1996. The cycles have accumulated excessive miles and are constantly being repaired. Formal bids were solicited for three 1999 Kawasaki motorcycles and the results are outlined below: Kawasaki City $25,935 Grapevine Kawasaki $28,305 Honda West Kawasaki $28,627 Funds are available for the purchase of these motorcycles from the 1998/99 budget. Recommendation; To award the bid for three 1999 motorcycles to Kawasaki City in the amount of$25,935. Finance Review Source of Funds. Account Number 130-8004-531.74-10 Bonds (GO/Rev ) Sufficient Funds Avail Die Operating Budget _ Other Finance Director 4alf t , +ep artment 11.d Signature I iry Manager ig lure Page 1 of I Kawasaki Motorcycles BID#99-874 COMPLETION CONTRACTOR AMOUNT DAYS 1 Kawasaki City $25,935.00 60 2 Grapevine Kawasaki $28,305 00 60 3 Honda West Kawasaki $28,627 00 90 Advertised in Star Telegram May 18 &25 Mailed bid to 7 shops The following contractors did not respond: 1. Kawasaki of Granbury-not interested in bidding at this time, not profitable 2. D&S Kawasaki-not interested at this time 3. American Kawasaki-too busy 4 Kawasaki Motors-regional office, can not bid CITY OF NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date: 7/12/99 Subject. Award of Bid for the 24th Year CDBG Project/Lynn Terrace Agenda Number. PW 9913 Street Improvements to Sutton & Associates, Inc. in the Amount of$178,512.35 The City Council passed Resolution No. 98-09 on February 9, 1998, which identified Lynn Terrace Street Improvements as the 24th Year Community Development Block Grant (CDBG) Project for the City. In coordination with Tarrant County, staff has had this project designed, reviewed, and approved for bidding. The bids were taken on June 23, 1999 the low bidders are as shown below. Bidder Amount Bid Bid Time (Calendar Days) Sutton & Associates, Inc. $178,512.35 120 Reynolds Asphalt & Construction $206,876 00 120 Branch & Sons $277,447.00 120 This project will consist of reconstructing Lynn Terrace from Rogan Drive to Conn Drive. The following is an estimated schedule for construction. Award of Bid July 12, 1999 Preconstruction Conference August 12, 1999 Begin Construction September 1, 1999 End Construction January 10, 2000 The amount of funds available for construction from the 24th year CDBG Program is $266,400. Any remaining funds will be carried over to the next year CDBG Program. Recommendation To recommend Tarrant County award the contract to Sutton & Associates, Inc. in the amount of$178,512.35, for a period of 120 calendar days. Finance Review Source of Funds Account Number Bonds (GO/Rev.) Sufficrent Funds Available Operating Budget -v l IYA�LLt Other (-d�•yLc.� Finance Director Dep-rynent'!-d Signature cry Manager Si+nat e Page 1 of WEC£IVED JUN 3 01999 TEAGUE NALL AND PERKINS inc. ENGINEERS • SURVEYORS • MUNICIPAL CONSULTANTS June 25, 1999 Mr Mike Curtis, P.E City of North Richland Hills P O. Box 820609 North Richland Hills, Texas 76182-0609 RE: CDBG -24th Year Project Lynn Terrace Street Improvements City of North Richland Hills/Tarrant County TNP#TAR98266 Dear Mike On June 23, 1999 bids were received for the above referenced project. A total of three bids were received as follows. TOTAL BASE BID Sutton 8 Associates, Inc $178,512.35 Reynolds Asphalt &Const. $206,876 00 Branch & Sons $277,447 00 We have evaluated the low bid and found it to be complete and responsive Based upon experience from projects of similar scope and size,we recommend that the City of North Richland Hills make the recommendation to Tarrant County to award the construction contract for Lynn Terrace Reconstruction to Sutton &Associates, Inc. for the total base bid of$178,512.35. A sum of$266,400.00 is available for construction of this project Any remaining funds will carry over to the 26' year CDBG project. A complete bid tabulation is attached for your use. If you have any questions or require additional information, please do not hesitate to call. Yours Very Truly, TEAGUE NALL AND PERKINS, INC. Greg D. Saunders, P E. GDS,rjm enclosure cc: Don Day -Tarrant County Community Development 915 FLORENCE STREET VG!sogm ILYAS )610} (8 1) 116-57IJ PAZ(617)J36-280 30 Jun 970813:44 Monday GIS No:0001 AMC Up •mlmap PLoi:qnn •el i o 11 o (oroRn=CULf SS POJ it )b--SC DIF ORCP=cuLest Lip E a �t1P^ ,— SCAT TOOp-020 o ,ryr#a) ��� j Lynn Ter. Street —0 a �i � Improvements 1 1/4 J \ -� \" �. N.,' I %¢f o I ,RJSIQ}RCCSCLR \ .P.OLD_rCP �,�1I i/% i .� ,� 7( \� =1 PLC-oa J' WI III^ ,`15 11 t m W / E ll pJ _ V t I• I d' _� aD - NORTH Jadiass-as 4a-ase-sact-a-tai-a, .I a .a� .,.f _ s J RICHLAN D• cLo II u �I (— - 17 i HILLS II !:\ LC iL III II i Prolcct Location • Spa ;� Lynn Ter. f tit Y Street i�t' Improvements - olt4 v , r--. r o•p.nm•nt al Information S.rvia..-G.•g •pnk Information Sin.m.(GIS/ 47 CITY OF NORTH RICHLAND HILLS Department Public Works Department Council Meeting Date. 7/12/99 Subject: Approve Agreement for Engineering Services with Agenda Number. PW 99-14 Knowlton, English & Flowers, Inc. for the Big Fossil Creek Wastewater Outfall System Planning Study — Resolution No. 99-43 The cities of North Richland Hills, Fort Worth, Richland Hills and Haltom City received administrative orders from the Environmental Protection Agency requiring correction of sanitary sewer collection system problems to eliminate overflows A study is necessary to determine the feasibility of extending, replacing or renovating the existing sanitary sewer pipelines within the Big Fossil Creek wastewater outfall system The city of North Richland Hills submitted a grant application to the Texas Water Development Board (TWDB)for grant funds, with the cities of Richland Hills, Haltom City and Fort Worth to perform a multi-jurisdictional wastewater planning study for the section of the outfall system between Broadway Avenue south to the existing Fort Worth 90" and 96" Village Creek Treatment Plant outfall lines. The grant was approved by the TWDB and approved by Council at the June 28, 1999 meeting. Staff has requested and received an agreement from Knowlton-English-Flowers, Inc. (KEF) to conduct this regional planning study in accordance with the scope of work as outlined in the TWDB contract The study will entail reviewing existing sewer design data, researching existing sewer easements and property ownership, preparing parcel map, identifying three alternative solutions, and providing all information in a report. KEF has agreed to perform the study for $59,950 within the proposed 90-day schedule The proposed agreement is attached. The TWDB grant is for half of the total study cost of$59,950. The other half is to be paid for by the four cities. The other three cities have appropriated their quarter share to be paid to us. The TWDB will reimburse their $29,975 on a monthly basis as we expend the funds. Sufficient funds are available in the Unspecified Utility CIP fund to pay our share, which totals $7,493.75. Recommendation: To approve Resolution No. 99-43 Finance Review Source of Funds: Account Number 02-23-17-6000.99-02-23-017 Bonds (GO/Rev.) Sufficient Funds Available Operating Budget D%�lll Other / A.11,.16 his.is. Finance Director D- .a m: t 1.1.rd Signature L ity Manager SignaUre Page 1 of 2 rRA OGRWS OENION GREEKI / \ tkA�GRW6 \ OEAR (REE I 1 - WA TAUGA °nGINAW • I • • BLUE NORTH 'MOUND " - ' - ( RICHLAND HILLS 1 C TUOY FORT c WORTH • : HALTOM 1 I CITY • tiiiiit LANDil> . S. .. ... FF61P0 ILVSC BIG FOSSIL OUIF.LL EIISIING COF• SIG FOSSIL OBgx.CE B.. L S.NII.6y SEIE S CITY UNIT LINES OvgN.CE BLSIN OIVISIOx LINES RESOLUTION NO. 99-43 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Agreement for Engineering Services with Knowlton, English & Flowers, Inc. to conduct a planning study on the Big Fossil Creek Wastewater Outfall System serving North Richland Hills, Richland Hills, Fort Worth, and Haltom City, as an act and deed of the City. PASSED AND APPROVED this the 12th day of July, 1999 Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: Rex McEntire, Attorney for the City APPROVED AS TO CONTENT: /Gregory W. Dicke s, Public Works Di ector U i KNOWLTON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas AUTHORIZATION FOR PROFESSIONAL ENGINEERING SERVICES PROJECT NO.: 3-436 PROJECT NAME. North Richland Hills Big Fossil Relief Sewer Planning CLIENT: The City of North Richland Hills, Texas ADDRESS. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Hereby requests and authorizes Knowlton-English-Flowers, Inc., Consulting Engineers to perform the following services: SCOPE: See Attached Scope of Work COMPENSATION: Compensation to Knowlton-English-Flowers, Inc., shall be on a Lump Sum basis in the Total Amount of Fifty Nine Thousand Nine Hundred Fifty Dollars and no/100, ($59,950.00) Approved for Accepted for The City of North Richland Hills Knowlton-English-Flowers, Inc. By: By: ' ' / Richard W. Albin, P.E. Title: Title' Vice President Date: Date: July 5, 1999 1901 CENTRAL DR., SUITE 550•BEDFORD,TEXAS 76021-5826•817/283-6211 • METRO 817/267-3367•FAX 817/354-4389 NORTH RICHLAND HILLS BIG FOSSIL RELIEF SEWER PLANNING SCOPE OF WORK The City of North Richland Hills, in cooperation with the cities of Richland Hills, Haltom City and Fort Worth for the Big Fossil Relief Sewer Planning Study proposes the following Scope of Work: Task 1: Obtain and review available existing sanitary sewer design data (drawings and specifications) for COFW Big Fossil Sewer and TCWSC Big Fossil Sewer. Task 2: Conduct preliminary easement ownership research. Provide services of a right-of-way consultant. Task 3: Prepare parcel map for the lower section of the COFW Big Fossil Sewer and the TCWSC Big Fossil Sewer. Provide surveying services. Task 4: Determine if any additional right-of-way is required for the TCWSC Big Fossil Sewer. Task 5: Determine capacity requirements in gallons per minute for the proposed relief sanitary sewer utilizing data from the Fort Worth Wet Weather Program and available Sanitary Sewer Evaluation Studies that were recently completed by the cities of North Richland Hills, Haltom City and Richland Hills. Determine required sanitary sewer sizes (diameter). Task 6: Identify three cost effective alternative routes for the proposed relief sewer. Task 7: Determine easement requirement for each alternative route for the proposed relief sanitary sewer. Task 8: Develop evaluation matrix to select the optimum route for the proposed relief sanitary sewer. The matrix will include the following criteria: • capital cost • additional easement required • impact on participating communities • design considerations (creek and road crossings, topography) • construction impacts • sanitary sewer maintenance requirements Page 1 Task 9: Prepare study report document Tasks 1 through 8. Report will recommend proposed relief sanitary sewer sizes and route(s) Provide services of a technical editor. Task 10: Conduct two project workshops for quality control, discussion of project issues, and consensus on proposed relief sanitary sewer. Conduct monthly progress meetings with the applicants. Task 11. Provide word processing support. Task 12: Manage the progress of the project, including schedule, budget and coordination with the Texas Water Development Board. Page 2 CITY OF ' NORTH RICHLAND HILLS Department Planning & Inspections Department council Meeting Date. 07/12/99 subject Public Hearing to Consider the Request of Scott Kunkle Agenda Number LRC 99-05 for a Variance to the Landscaping Ordinance No. 2375, on Lot 2, Block 1, Kunkle Addition. (Located at 7700 Block of Mid-Cities Boulevard) General Description The applicant has submitted an application to vary from the Landscaping Regulations of Ordinance No 2375. The applicant is proposing to develop two office buildings containing a total of 4,200 square feet on a lot containing 67,209 square feet (1.54 acres). The lot is triangular shaped and is located on a curve. The proposed office building will have access from Mid-Cities Boulevard. The applicant has submitted a letter requesting to postpone the public hearing to July 26, 1999. RECOMMENDATION: To open the public hearing and approve the request to postpone the public hearing to July 26, 1999. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds AvallaDle Operating Budget O er Finance Director De signature \_ ! �()ty Manager Signiatu L\Cases\Landscape Review Committee\LRC 99-05-40 9289 Lot 2.Kunkle doc Page 1 ` 2 - W LRC 99-05 4R ° < Vary from Landscape Requirements 1∎su- . is "�= Lot 2, Block 1, Kunkle Addition 'ML\ I 1 "IN-AZ Zs i c-z V cT 67-1 J cuwsl. .. i ' \'�r—i �' °'.� 2 �:2 ° I 0 S UP fgBN y ` � CHPM, . I n.o y n 4 2221 T Y ®O / 1 H U R [ m,� , ./ 17....4" �8�J0 WATAUGA RD) I 1 II-T56_ - 1 : R-3 4 34 v NFWM.�N .R _ [ VT 23., 3 Cr" < W JIM : ^ a _3 o I 2. • U . �•�° s ' x 2360 °1 . 7.0 n IINN, rO -1 W �o �/ -1 A( < 2Z r o .. 34 ..c I' -4,D° �_4 /T �r ° m a, 36 ..v 7F \ , I, ' a 2360 (Q ETA n� 1 R . a • \ . •= C-2 e \ • c.12 1256 I 1161 I-1 TV 23C o \ ',.y � 32 iii m °4 ✓4o-4 7A IL . > ,I1 R-7-MF C-2 PD 6 FPOf1 Scott R. kunkel, NBA, CPR PHONE NO. : +917 494 8299 Jul. 07 1999 10:34at1 P01 Scott A. Kunkel, CPA,PC Certified Public Accountant 7812 Red Oak Street N. Richland Hills,TX 76180 July 7, 1999 (817)498-8299 To: Marcy Ratcliff,Director of Planning Ref.: Public Hearing on Landscape for Kunkel Addition Property at Mid Cities Blvd. & Smithfield Road Dear Ms. Ratcliff I am requesting that we postpone the public hearing for the above referenced property on the landscaping issues. I will have all information in to you by the end of Thursday so that the meeting can bo moved from July 12 to July 26. I apologize for any confusion and inconvenience that I may have caused If you have any questions please contact me at the above number. Sincerely, ‘7 Scott Kunkel CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 07/12/99 Subject Public Hearing to-Consider the Request of John Barfield for Agenda Number PZ 99-18 Jean Barfield properties for a Change of Zoning on Tracts 10C2, 10D1, 10E, & 10E1 of the T. Peck Survey, A-1209 from AG-Agricultural to C1-Commercial. (Located in the 8500 Block of Davis Boulevard) (Ordinance No. 2397) Case Summary John Barfield of Jean Barfield Properties has submitted a request to rezone 4 tracts of land containing 9.387 acres from AG-Agricultural to C1, Commercial. The property has frontage on Davis Boulevard and Precinct Line Road. The property is undeveloped and is not proposed to be platted at this time. The proposed rezoning is in compliance with the Comprehensive Land Use Plan. Surrounding Future Land Uses The subject property is designated as Commercial. The majority of the surrounding property is undeveloped with the exception of several single-family homes Future Land Use North: Commercial South: Commercial East: Commercial West: Commercial RECOMMENDATION: The Planning and Zoning Commission at their public hearing on June 24, 1999, voted 4 to 0 to recommend approval of an ordinance for PZ 99-18 requesting to rezone 9.387 acres from AG-Agricultural to C1-Commercial To approve PZ 99-19 and Ordinance No. 2397 as recommended by the Planning and Zoning Commission. Finance Review Source of Funds Account Number Bonds (GO/Rev) Sufficient Funds Avanaoie Operating Budget 0th r 'y� Finance Director / Gc IL%i (4.41444.-1; au �'a Dek rime t Head S ature i,City Manager&Sure L\Cases\PZ Cases\PZ 99-18-41 8500 Davis-Barfield doc Page 1 of 1 DRAFT COPY 6. PZ 99-18 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN BARFIELD FOR JEAN BARFIELD PROPERTIES FOR A CHANGE OF ZONING ON TRACTS 10C2, 10D1, 10E & 10E1, OF THE T. PECK SURVEY, A-1209 FROM AG- AGRICULTURAL TO C1-COMMERCIAL. (LOCATED IN THE 8500 BLOCK OF DAVIS BOULEVARD) APPROVED Ms. Ratcliff explained that this request is to rezone 4 tracts of land, totaling 9.387 acres from Agricultural to Cl-Commercial The property fronts on Davis Boulevard and Precinct Line Road. The property is undeveloped and is not proposed to be platted at this time. The request is in conformance with the Comprehensive Land Use Plan. She explained that staff recommends approval of this zoning case. Chairman Davis opened the public hearing and asked the applicant to come forward. John Barfield presented his request stating that the property is currently under contract with Oak Ridge Development. Seeing no additional proponents or opponents, the public hearing was closed. Mr. Nehring, seconded by Mr. Tolbert moved to approve PZ 99-18. The motion carried unanimously. Page 5 6/24/99 P&Z Minutes PZ 99-18 8500 Block Davis Boulevard . Pfl1M5 CFL4F CRY LI:IT Rezoning Request . - Ry NORTH RICHLANO HILLS CY L ,...„ AILS EDGE DR 1 V� / o `_r Al AG ;906 3. z_R1DG v iiv -- o PDD - o w- o I , o—__- e i eo'9s"- m 'I NRH o _ /� �r-- �AED"CE' s ; ��m G t ROW r�_3 - , c ] ,- - z J\� 2116 z 0 N wA6 sEPLE"ti''b \ `4' e ",'LIANCI woeo ° A. . . °.x'.11'.'.., \. J AG SW' U 5 19 mu: i .s G LirHHrOi n , mu 1675 R4 cr I _� Shady Grove Road R,F) C-1 1198 - p'CE7 NORTH TARRANT PKW} 13E1 D c1 1254 war A Na j 9� 1� w si � j16ii jljl 6! 0p°E ji � f a i 1 Fehi iii PiLil 'ii l 111111111 111. 1.J1;' 11 ,1Sy ; !i 03111 P111 i �ii II S� 9p lii'Ill liH i'91i1i�ji�i3�;I�;s i i i i i i i i 1.1 ill 1i,'11;14 ,64B�j�;�ile N I B 1 I I i I 1 I le !i �.: "Si it jtiiiiiir i'19i'I f I I I I I I I I I' iJ•�9 ���iliihoi!i ti M Ilium if NI i7liialii:i111fVA191i1:.'r!n 7 lilililililililili� F •"1.1" il I 7 I i 1, i ti:i ig hit. IEEE n D. is ora i i1i 'Ji]ee�uc�cE 1 .,.,.�d i u 1 I Y= . .4 ( F ,,, 1 :i. ,sl ��I. ill -na ! ' 1 f1� ilPl sal; d' i ithi: ii* Rijn ORDINANCE NO. 2397 AN ORDINANCE REZONING PROPERTY CONTAINING 9.387 ACRES IN THE THOMAS PECK SURVEY, A-1210 IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. THE PROPERTY IS GENERALLY LOCATED ALONG THE EAST SIDE OF DAVIS BOULEVARD AND THE WEST SIDE OF PRECINCT LINE ROAD IN THE 8500 BLOCK. SUCH REQUEST IS IN ACCORDANCE WITH ARTICLE 2, SECTION 200, OF ZONING ORDINANCE NUMBER 1874, PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON JULY 12 , 1999; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request for a change in zoning district boundaries, and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No 1874 and the Official Zoning Map by rezoning certain property as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-18 (Jean Barfield Properties), the following described property to wit: four tracts of land containing 9.387 acres out of the Thomas Peck Survey, Abstract 1210 as shown on Exhibit "A" and Exhibit "B". The property is generally located along the east side of Davis Boulevard and the west side of Precinct Line Road The property is hereby rezoned from AG-Agricultural to C1- Commercial, 2. THAT, the Official Zoning Map be redrawn to incorporate this zoning district boundary amendment and the herein described ordinance number be affixed to the property described herein. 3. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance No 2397 Page 1 of 4 ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 24th DAY OF JUNE 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 12th DAY OF JULY 1999. Charles Scoma, Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT: Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No Page 2 of 4 I" ' ■�I� ■ r City of Nano Richland Milli • S�V`■ ip(,,��`l^u` APPLICATION FORA 7301 NE Loop 820 ZONING DISTRICT CHANGE North Richland Hills,Texas (Penaesn O tN•au responses) 817-591-5500 'ART'I. APPLICANT INFORMATION Name orappbcant/agent - Ix.9 5,4, e )d 9/_tt./t, e& FL 11 zr,1 J1 a4 I. N P H )o = FLP Street address ofappbcant/agent 7O0 E(.rwccd R4Ad - Oily/ Stale/Zip Code of applicant/agent: Telephone number of applicant/agent gt_ rst Tx 76053 917 2&) - 90c0 PART 2. PROPERTY INFORMATION Street address at location where zoning district change is being roquested. Cr :o Legal esenpban of Property where zoning dis Het change is being requested - o Ifa to EI )OF 10C 2 / 109 1 �a,145 rfcac �ut✓E Aft% )a)0 Current zoning class,ficatioA I Proposed zoning classification Proposed use of the properly / ,a Ali- e—j 1 �w`IV,✓"! P//A is tat. Reason for zoning distnc ange. a x P AO i Ii Survey or map attached as required by application. Affidavit attached from property owner if applicant is not owner Yes No Yes No -'1RT 3. PROPERTY OWNER INFORMATION i. .e of property owner re �/PV �VVjk.1, H yeid ckP Street add s ertf net/ �� Gry ( C e property owner Telephone number of property owner 9 d5 �L��� /y�yte:A2° N e Attach letter r aK mart from property own from applicant/agent I hereby cemy marl em, or represent, me regal owner or the property /' tlescnbe0 end do hereby submit this request for approval of a Dale a z zoning d, tango la a Planning and mg Commission for consideration / /' Print Name7-01_,6_22 ,Mis / /,gnalure /� �/ii I/ a AgirSV PART 4. FOR OFFICE USE ONLY Date of Planning&Zoning Commission Public Heanng Ta v Case Number���... ^ ` `//� fYes No 1- ]]] l (1(�r_ 1 8 Date of City Council Public Heanng Fee L I I-1 Yes In No Zoning District Change Approved In Yes I No $300.00 � � Yes I No C ns of Approval This application m0 not be scheduled for public hearing until application lee is received Zoning District Change CD -407 (2/97) CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 07/12/99 Subject Public Hearing to Consider the Request of Tommy Kline Agenda Number PS 99-05 for a Replat to be Known as lots 1-27, Block 1, Lots 1-25, Block 2, Lots 1-27, Block 3 and Lots 1-41, Block 4, Holiday Meadows Addition. (Located in the 5500 Block of Holiday Lane Plat Request Summary The applicant is requesting to replat 5 large lots along the east side of Holiday Lane just south of North Richland Boulevard. The property contains a total of 35.1075 acres and is proposed to be replatted into 120 lots. The applicant is platting one large lot for the proposed drainage easement within the creekbed, which contains 7.342 acres. Based on the net acreage of 27.9410 acres the density of the subdivision is 4.29 units per acre The proposed plat is in conformance with the approved Planned Development for single family detached housing (Ordinance 2335) for no more than 120 lots with an average lot size of 7,500 square feet RECOMMENDATION: The Planning and Zoning Commission at their public hearing on June 24, 1999 voted of 3 to 1 to recommend approval of PS 99-05 a Replat to be known as Lots 1-27, Block 1; Lots 1-25, Block 2; Lots 1-27, Block 3 and Lots 1-41, Block 4, Holiday Meadows Addition subject to the engineer's comments regarding engineering and constructions plans. To approve PS 99-05 as recommended by the Planning and Zoning Commission. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avallaoie Operating Budget Other .l Finance Director .-part -nt -ad Sig are ( J City Manager Si. ature \\NRH_CITY_HALL\VOL1\DATA\PZ\Cases\PS Cases PS 99-05-41 Holiday Meadows doc Page 1 of 1 it - "`INDUSTRIAr ' .o \- -2 \\ n,nr_tin �� Y Ry2�_�.�, •—r___• . _ BARBADOS OR _ \\*.-1 NCQRTFi—R.I CELL A\ D B-4VD --- - Y U r „ • O\ ° f • _ \ w o,♦ ♦ i4`: : R 2 O/CAHAMA CT II � • , + �•e s °I .7 }\ .7 .r �1 X20 15\\ IL 4 \ • r• " ^, X.- . s'L,-Tai: ,; ,. .: r Aco 1. . - ket - •\ `\ v ,Y ,,' \..'." .. . \ P Bbl OS n,RES 04 { ' "\Fid,.\Y..'.1�. 1`,.V \ if /� Me AOOw p,(1.... ! l Oar `.i-MF �-co c .. 0 1 /AaJ' 0 1• J = io 10 E+DO JI ui Raj •• C YCI /v>N4p i y�WV '� �I I. �I� 4 9 � , III///V Nit , PS 99-05 I 5500 Block Holiday Lane R Replatting Request a,v u >., a o: g, ', ' J \\\ ' _-, , J \P .\\ CHR,.E.nv,n\ e\!" a SI n \ • S s\ p I' 4C" 'Ii wY 47 1 411 34 4 ' 4{7 S• 1 '3113' 'p1I ?S1 E 14 a S S 333'3 , 'i'i; am 5j 3. e 53 j 3 yj Z .'I . aIr_ 14 = g v. s � 2 4 � 1 ,. i5: r,.it it, '.=5 1 &3 s 3 ? -= a Iv S j I A . 3: Tom° --�- r / - - ,_,..J.--`1.7?-, y 111 '�.,. F] !—,vt -c.'is., �fk ''k T/kw 9. JI ,I t .49 ; , l a r -may` 4 a j L I :Ir ry " ' 13 , ,� 555555 I mmr..: R :nrvow �/ J -I 1I I .. ._ J'Ta, i 11f 4 .s-.....o Jj i i'f a dr is ill�' � . - ice--i =.r_ ,, . I t `g 1 5 5 y I °li"_" , f i, n�_�'-1 ] �13a I .•_ IIrII' r- IF y a__ 3 //,�J C �r/Cj, mac . ' ' . s p��^ �. ce ' . _-- i .-.— ._ .c r $ ;' . :. _.I - 1'.---7-.a4-44, ., I °ice'-'i � .. ., q T .. ' .--.3bc.^ ` ?` `f� r�� uvr.• , i" -. __= .j a.�— . y1 , n Let, .Tit •,l— - .; e _tetra, __sa,--.-","".e— i 1., r - - 1. 1:1` )3, j •.s..m •l +m, 1, 1 I q . -f 11 . ,Ij _ „* a . e 1 1111 3 l3Y 1•I L DRAFT COPY 4. PS 99-05 PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY KLINE FOR A REPLAT TO BE KNOWN AS LOTS 1-27, BLOCK 1, LOTS 1-25, BLOCK 2, LOTS 1-27, BLOCK 3 AND LOTS 1-41, BLOCK 4, HOLIDAY MEADOWS ADDITION. (LOCATED IN THE 5500 BLOCK OF HOLIDAY LANE) APPROVED Ms. Ratcliff explained that the applicant is requesting to replat 5 large lots along the east side of Holiday Lane, just south of North Richland Boulevard. The property contains 35.1075 acres and is proposed to be replatted into 120 lots. Based on the net acreage of 27.9410 acres the density of the subdivision is 4.29 units per acre. The proposed plat is in conformance with the approved Planned Development for single family detached housing (Ordinance 2335) for no more than 120 lots with an average lot size of 7,500 square feet. She explained the lot designations were the only issues outstanding relative to the plat and explained that the channel was labeled as "Block 5, Lot 1, Dedications" and the dedications label should be removed. Lots 28, 29 & 30, Block 2 should be relabeled as Lots 25, 24, & 23 respectively. The title block should be changed as well. Ms. Ratcliff stated that staff recommends approval of PS 99-05, a replat to be known as Lots 1 — 27, Block 1; Lots 1 —25, Block 2, Lots 1- 27, Block 3 and Lots 1 —41, Block 4, Holiday Meadows Addition, subject to changing the lot designation label on the plat and to the engineer's comments regarding engineering and construction plans. Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. Tommy Kline presented his request and stated that he was aware the plat would not be filed until the necessary drainage easements and offsite easements were acquired. There was discussion at the time of zoning a traffic study had been required This traffic study was conducted by Parsons Transportation Group, which stated that no significant traffic issues exist. Mr. Lueck asked if the study was conducted by a registered engineer; stating that he would like the engineer's seal number Chairman Davis stated that a letter of opposition had been received from Mrs. Charles L Worrell, 7216 Green Meadow Road and was made part of the record. Mr Lueck read from the letter of opposition, which stated ..."Green Meadow was never designed nor intended to carry near as much traffic as it presently does Another residential area emptying onto Holiday Lane and with the widening of Page 2 6/24/99 P&Z Minutes DRAFT COPY Rufe Snow scheduled to begin next year ... could visualize Holiday Lane, Green Meadow and Lola Drive becoming one big parking lot. Mr. Lueck stated that he could not vote for anything that will generate additional traffic on Holiday Lane. Chairman Davis reiterated staffs recommendation of approval and asked for a motion. Mr. Nehring, seconded by Mr. Tolbert, moved to approve PS 99-05 subject to changing the lot designation label on the plat and to the engineer's comments regarding engineering and construction plans. The motion carried with a vote of 3 — 1. Messrs. Nehring, Tolbert 8 Davis were in favor of the motion. Mr. Lueck was opposed. Page 3 6/24/99 P 8 Z Minutes [(Kline AND COMPANY June 14. 1999 City of North Richland Hills, Texas Planning and Zoning Commission c/o Ms. Marcy Ratcliff. Director of Planning 7301 Northeast Loop 820 North Richland Hills, Texas 76182-0609 Re: PS 99 -05 Holiday Meadows Addition Blocks 1-4: Final Plat (replat) Dear Mr. Ratcliff: As Applicant and Owner, of the above referenced replat, we hereby agree to modit5 our submission documents to comply with all the items listed in that certain memo dated June I I. 1999. from Ms. Julia W Skare, P.E.. Stall Engineering to the Planning and Zoning Commission The majority of the items listed in the memo have already been amended so that they rims comply ys uh the stafls's requirements. Items 5.6,7. and 8 require the execution of legal documents. We will do our best to have these documents drawn and executed by the involved parties and submitted to your office by the end of the week. If the timing of our submission of legal documents creates a problem for us to be scheduled on the June 24'h meeting of the Planning and Zoning Commission, please notify me immediately. We look forward to the development of this project. Sincerely. fom Kline Manager Partner of iday Meadows Joint Venture cc: Julia W. Skare 12311 MARBROOK DALLAS,TX 75230 (972) 701-8163 FAX (972) 701-9605 CITY OF NORTH RICHLAND HILLS Public Works June 11, 1999 MEMO TO Planning & Zoning Commission FROM: Julia W. Skare, P.E. Staff Engineer SUBJECT: PS99-05; HOLIDAY MEADOWS ADDITION, BLOCKS 1-4; Final Plat (Replat) We have reviewed the plat submitted to this office on June 11, 1999 The following items are for your consideration 1. FLOODPLAIN A portion of this property is located in the FEMA designated 100- year flood plain. A CLOMR and LOMR will need to be submitted to the City and ultimately to FEMA to reclaim this area The drainage study for the CLOMR has been resubmitted today for review to the Public Works Department. The study will be reviewed to assess if the revisions and additional information has been provided 2 LOT DESIGNATIONS The channel has been labeled as Block 5, Lot 1 Dedications. The "Dedications" should be removed Lots 28, 29 & 30, Block 2 should be relabeled as Lots 25, 24, & 23 respectively. The title block should be changed to accurately reflect the lots. 3 DRAINAGE ANALYSIS Additional information and calculations are required on the drainage system prior to final approval of the construction plans. These requirements are outlined in a separate letter to the Engineer The revisions and additional information are required with the next submittal 4. LOT WIDTH The building lines have been moved back on Lots 5 & 8, Block 1, Lots 24 7 25, Block 3 and Lots 35, 36 & 38, Block 4 to meet the minimum lot width required The minimum distance at the property line must be 27.5 feet to ensure sufficient room for a minimum 12-foot wide driveway approach with (2) 5- foot curb returns at the curb. This has been provided 5 DRAINAGE EASEMENTS All storm drain improvements shall be placed in a drainage easement. Off site drainage easements are required for the improvements proposed at the end of Todd Drive and located in the tributary P.O. Box 820609•Nonh Richland Hills. Texas •76182-0609 7301 Northeast Loop 820 • 817.581-5521 • FAX 817-656-7538 PS99-05, Holiday Meadows Addition, Blocks 1-4; Final Plat(Replat) June 11, 1999 Page 2 of 3 6 OFF SITE EASEMENTS All off site easements and exhibits need to be prepared and forwarded to the Public Works Department for review prior to signatures or filing. The signed easements need to be transmitted to the Public Works Department for filing with the approved Final Plat. A notarized letter of - permission will be required from the adjacent property owner for any off site channel grading. This will be required with the next submittal 7. ROW DEDICATION The distance from back of curb to the proposed ROW line along Holiday Lane should be shown on the site or topographical plan to verify adequate parkway has been provided This was previously requested and has not been shown. The name of the previous plat and the volume and page should be included on the note vacating the existing street ROW dedications. 8. ROW CIRCLE DRIVE S. A portion of the ROW is shown to be dedicated by "owner" Separate metes and bounds descriptions and exhibits for the portions of Block 34 that are to be dedicated as ROW have been submitted to the City. The ROW documents must be signed and filed prior to the plat being forwarded to City Council for consideration. 9 BUILDING SETBACK Building setback lines are to parallel the curb. 10 SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 11 SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public streets. The sidewalks, including the existing along Holiday Lane will need to be included in the construction plans for coordination purposes It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with the future sidewalk. 12. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. A streetlight plan has been submitted for review Street lights are to be located at the property line. This is to avoid conflicts with driveways and to provide TU Electric access to utility easements 13 MAILBOX PLAN There are numerous revisions required on the mailbox plans. There is not sufficient area in the ROW for double mailboxes and double water meters or sanitary sewer manholes These revisions are required with the next submittal P599-05, Holiday Meadows Addition, • Blocks 1-4, Final Plat(Replat) June 11, 1999 Page 3 of 3 14. ENGINEERS CERTIFICATION The Engineer's Certification needs to be signed with the next submittal There were several comments regarding the engineering and construction plans. These comments were recorded on a set of blueline construction plans with a separate letter that has been returned to the Engineer on June 7. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. JW mfs/pwm99117 cc Gregory W. Dickens, P. E., Public Works Director Kevin B Miller, P.E., Assistant Public Works Director Jul -07-99 08: 19A NRH PW&PZ Administration 817 6567538 P-01 RECD JUN 21 1999 7216 Green Meadow Dr. North Richland Hills, TX 76180 June 17, 1999 Planning&Zoning Commission 7301 N.E. Loop 820 North Richland Hills, TX 76180 Dear Commission Members: I understand a hearing will be held on the planned residential development off Holiday Lane called Holiday Meadows. I will be unable to attend this meeting, hence, this letter My family and I have lived at the above address since 1964 and have seen many, many changes, some of which have greatly reduced the enjoyment of living in this area. Number one in the latter category has been the tremendous increase in traffic. Two years ago all but one family in our little neighborhood petitioned the City Council w try to alleviate part of the traffic coming through Green Meadow Drive A two-day traffic count was taken and over 800 cars traveled from Lola to Green Meadow to Holiday Lane or from Holiday Lane through Green Meadow to Lola. When the traffic light was installed at Lola and Holiday Lane,the traffic on Green Meadow increased 10 to 20 fold overnight. After the City's study, h was agreed that road humps would be installed and two were subsequently built. This has at least slowed most of the traffic but resulted in no noticeable reduction in the number of cars I do not believe that Green Meadow was ever designed nor intended to carry near as much traffic as it presently does. Another residential area emptying onto Holiday Lane and with the widening of Rufe Snow scheduled to begin next year, I can visualize Holiday Lane, Green Meadow and Lola becoming one big parking lot in the early mornings as school begins. Already on many mornings, ears are backed up from Loop 820 to Lewis Street. On school days, from about 7:15 a.m, to 8:15 am., trying to leave for work or an errand is often a real hassle Solutions are difficult and expensive, but I urge you to do a thorough traffic study before further increasing the number of cars traveling our neighborhood. Property values and enjoyment of living in this area have already decreased and will only become worse unless careful planning is done. Thank you for considering my position on this matter. I would like to be a pan of the solution rather than part of the problem. Sincerely, Mrs. Charles L. Worrell Received Jul-07-99 07:24am Froa-617 6567538 To-Cl tv Of North Rlchla Page 01 CITY OF NORTH RICHLAND HILLS REVISED Department. Planning & Inspections Department Council Meeting Date 07/12/99 subject Consider Request of Ernest Hedgecoth for a Replat to be Agenda Number: PS 99-13 known as Lots 1R1 & 2, Block 1, Monte Commercial Addition and Request for Waiver to the Subdivision Regulations Relative to Right of Way Dedication and Construction of Sidewalks Mr. Hedgecoth is representing the property owner, North Richland Hills Baptist Church, to subdivide a 6.001 acre lot into two lots. Proposed Lot 1-R-1, containing 5.18 acres is developed with the existing six-story office building and the drive-through bank. Proposed Lot 2, containing 0.83 acres is developed with the existing one story office building The property owner desires to subdivide the property so Lot 1-R-1 can be sold. The result of putting a property line through the existing structures creates some zoning issues and building and fire code issues Staff has been working the applicant and property owner to eliminate the issues. The Building Official, Ed Dryden, has outlined the building code issues in the attached memo and how they can be eliminated. Mr. Dryden recommends the property owner execute a Unity Agreement and Covenant The Agreement will identify the building code issues and provide a means of the continued use of the building as being on one lot even though it would be two lots. The property owner has also agreed to execute a declaration of restrictions, grant of easements, and a party wall agreement that will address the parking issue from the Zoning Ordinance. The applicant is requesting waivers to the Subdivision Regulations relative to right-of-way dedication as required by the Master Thoroughfare Plan and a waiver for the construction of the sidewalks along Grapevine Highway. See the attachment for the specific language in the Subdivision Regulations stating on what basis a variance can be approved and Staffs reasons for not recommending approval of the waiver requests. The issues associated with the replat are as follows 1. FIRE HYDRANT It appears the property and the drive-through building are not adequately contained within the 300-foot radial distance required per the Public Works Design Manual. 2. ROW DEDICATION Grapevine Highway is designated as a P6D on the Master Thoroughfare Plan. The Master Thoroughfare plan requires a 130 foot ROW dedication. The ultimate right-of-way requirement is a total of 65 feet off of the existing centerline. An additional 15 feet of ROW is required Glenview Drive is designated as an M4U on the Master Thoroughfare Plan. This designation requires Finance Review Source of Funds Account Number Bonds (GO/Rev) Sufficient Funds Avaiiaoie Operating Budget O er 4 / Fiance Director D=i Signature 36tty Manager Sgnat re \1NRH_CITY_HALL\VOL1\DATA\PZ\Cases\PS Cases\PS 99-13-41 Monte Commernal doe Page 1 of 2 • CITY OF NORTH RICHLAND HILLS REVISED 35 foot ROW from the centerline to the south ROW line. An additional 5 feet of ROW is required. The applicant has requested a waiver from dedicating the ROW as shown on the Master Thoroughfare Plan. Public Works recommends the ROW should be dedicated on this plat for Grapevine Highway and Glenview Drive. Public Works is not opposed to the Owner using the property as constructed until the City or State improves the street to the proposed ROW width. 3 SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public streets. Existing sidewalks have been shown along Vance Road and Glenview Drive. The applicant is requesting a waiver for construction of sidewalks along Grapevine Highway. 4. BUILDING CODE The Uniform Building Code requires fire rated walls when walls are constructed on or near property lines. The Uniform Building Code requires retrofitting the building with an "area separation wall '• The applicant has stated they will be providing an "area separation wall" after the replat is approved and Lot 1-R-1 is sold The applicant has agreed to execute a Unity Agreement & Covenant. The City Attorney is now reviewing the document. RECOMMENDATION: The Planning and Zoning Commission at their meeting on Thursday, July 8, 1999 voted 6 to 0 to recommend approval of PS 99-13, the Replat for Lots 1-R-1 and 2, Block 1, Monte Commercial Center and require the 15-foot and 5-foot right-of-way dedications on Grapevine Highway and Glenview Drive and require a covenant to pay for construction of the sidewalks at the time of the future improvements to Grapevine Highway To require the property owner to execute a Unity Agreement & Covenant to eliminate the Building Code issues and the Declaration of Restrictions, Grant of Easements, and Party Wall Agreement to eliminate the Zoning Ordinance issues. To approve PS 99-13 as recommended by the Planning and Zoning Commission • Require the 15-foot and 5-foot right-of-way dedications on Grapevine Highway and Glenview Drive. • Require a covenant to pay for construction of the sidewalks at the time of the future improvements to Grapevine Highway. • Require the property owner to execute a Unity Agreement & Covenant to eliminate the Building Code issues and the Declaration of Restrictions, Grant of Easements, and Party Wall Agreement to eliminate the Zoning Ordinance issues. CITY COUNCIL ACTION ITEM \\NRH_CITY_MALL\V0L1\DATA\PZ\Cases\PS l.ecearro ec-,a—r, ,aunm uur. Page 2 of 2 r} 1 • BRILEY D¢ etI LE Y DR list 73. 17 ui : Subdivision Regulations, Section 150, Variances: "The Planning and Zoning Commission may recommend variances from these regulations to the City Council upon written request from the subdivider stating the grounds for such variance Where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may recommend approval of a variance to these subdivision regulations, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided that the City Council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: A. The conditions upon which the request for a variance is based are unique to the property and are not applicable generally to other properties; or B. A tract has peculiar physical surroundings, severe topographical conditions, or unique environmental qualities worthy or protections, or C. Where a hardship to the owner would result, rather than a mere inconvenience; or D. The variance will not have an adverse effect on the intent of the Subdivision provisions or the Comprehensive Land Use Plan " Staffs Reasons for Not Approving the Waiver Requests A. Staff found that the request to waive the right-of-way dedication is not unique to the property Every property along Grapevine Highway and Glenview Drive will be affected in the same manner All will lose parking and landscaping area in the front. a The property has no peculiar physical surroundings or severe topographical conditions or unique environmental qualities worthy of protection The property is currently developed with two buildings The applicant is the one requesting to subdivide the property. C Staff did not find that a hardship to the owner would result from the right-of-way dedication. The applicant does need the parking spaces but they will be removing the existing drive through bank facility and adding more parking spaces to Lot 1-R- 1 and filing a document that will require the parking spaces to be shared with the church for the next 65 years Attached is a copy of the draft declaration of restrictions relative to shared parking, granting of easements and a party wall agreement Staff did not find a hardship would result, because Staff has agreed the parking could remain until future improvements are made. No such improvements are scheduled in the near future. Staff has recommended the property owner enter into a covenant where the construction of the sidewalks is 1 9 NRH_CITY_HALLWOMDATAIPZ\Cases\PS Cases\PS 99-13-411 Monte Commercial doc 07/02/99 4 23 PM postponed and at the time of the street improvements in the future agree to pay for the construction of the sidewalks. D. Varying from the Master Thoroughfare Plan will in the future have an adverse effect because the plan was not followed. The taxpayers will have to purchase the right-of-way in the future when the property may be even more dependent on the existing parking and property value. The applicant has commented that the adjacent property was replatted in 1997 and was not required to dedicate right-of- way for Grapevine Highway. The A.G. Walker Addition was an Amended Final Plat to eliminate an encroachment over a common property line. The Amended Final Plat was to correct an error. 2 \W RH CITY HALL\VOLl\DATA\PZ\Cases\PS Cases\PS 99-13-411 Monte Commercial doc 07/02/99 4 22 PM 11 J Pti I, I ,IF k _ -' I . .. ,: I i i : Il 5. ;II € iyl 1f1 �•i '1 Ii IIE �I I ' it I €, i i I--I 1 I 1 €x p I I :1 : i C I. s a ge - an: i; I al 3 is _� l Y 4 ____ __L Pp 11, 1 y \ ./ II Ea GlAg / Y1 y ' Ma b 1111 N o I/ ilk heir 5114 n ^ 1ii I ;( g nE it" I' !!f PI R ;P iE ill!nil II I E i , ® _ � �5 5 � i ' fig 4E Ih 1i ii i i. ,111ii E N I I i I ill �., 'I El ii 4 lit 1 i IN lc': tie pi E E :, rl I ' pi! •I➢ r, E 1 140 ••➢z CITY OF NORTH RICHLAND HILLS Public Works June 28, 1999 MEMO TO: Planning and Zoning Commission - FROM Julia W. Skare, P.E., Staff Engineer SUBJECT. PS99-13; MONTE COMMERCIAL ADDITION; Block 1, Lot 1R1 & 2R; Final Plat We have reviewed the plat submitted to this office on June 3, 1999, plans submitted on June 9 and the letter submitted to you on June 18 from Ernest Hedgcoth. The following Items are for your consideration. 1. DRAINAGE ANALYSIS A Drainage Study is not required if no new construction is planned. The Owner or Engineer needs to respond in writing regarding new construction. 2. WATER AND SEWER The location of the sanitary sewer services have been included on the Utility Plan. 3 FIRE HYDRANT It appears the property and the drive-through building are not adequately contained within the 300-foot radial distance required per the Public Works Design Manual. 4. UTILITY EASEMENTS The previous comment stated water meters and detector check vaults will need to be contained in a waterline easement. The location of the water meters has been revised on the plans to show the meter in the ROW. It appears additional easements are not required. 5. ROW DEDICATION Grapevine Highway is designated as a P6D on the Master Thoroughfare Plan. The Master Thoroughfare plan requires a 130 foot ROW dedication. The ultimate right-of-way requirement is a total of 65 feet off of the existing centerline. An additional 15 feet of ROW is required. Glenview Drive is designated as an M4U on the Master Thoroughfare Plan. This designation requires 35 foot ROW from the centerline to the south ROW line. An additional 5 feet of ROW is required. Vance Road is designated as a residential street, which requires a 25 foot ultimate ROW from the centerline to the east property line. No additional ROW is required on Vance Road. The Engineer has requested a waiver from dedicating the ROW as shown on the Master Thoroughfare Plan. Public Works feels the ROW should be dedicated on this P.O. Box 820609•North Richland Hills, Texas •76182.0609 7301 Northeast Loop 820 • 817-581.5521 • FAX 817.656-7538 plat for Grapevine Highway and Glenview Drive. Public Works is not opposed to the Owner using the property as constructed until the City or State improves the street to the proposed ROW width. 6. SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 7. . SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public streets. Existing sidewalks have been shown along Vance Road and Glenview Drive. The applicant is requesting a waiver for construction of sidewalks along Grapevine Highway. JWS/ mm/pwm9913 0 ( cc: Gregory W. Dickens, P. E., Public Works Director Kevin B. Miller, P.E., Assistant Public Works Director Marcy Ratcliff, Planning Director ERNEST HEDGCOTH Consulting Engineers, Inc. PLANNING • DESIGN • ENGINEERING June 30, 1999 Marcy Ratcliff, Planning Director City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76180 Ref: PS-99-13 Monte Commercial Addition Block 1, Lot I-RI & 2, Final Plat Dear Ms. Ratcliff; I have reviewed the June 28, 1999 comments from Julia Skare concerning the above referenced plat. The following revisions have been made to the plat and utility plans: 1. No drainage study is required. 2. The location of the water and sewer services have been shown. 3. All existing fire hydrants have been shown on the utility plan. A small portion of the parking lot is not covered. The owner will agree to hold the City harmless from any damages for this portion of the parking lot. This has been done on previous projects where a small portion of the parking is not covered. The existing drive through building will be removed and the parking lot layout revised to add approximately 140 spaces. 4.. The water meters are located in the right-of-way. 5. The requested right-of-way dedications for Grapevine and Glenview presents a problem to the operation of the existing buildings and parking. A waiver of this dedication is requested for the following reasons: A. Grapevine Highway request 15 feet along the south property line. The existing parking lot is constructed to the property line. This dedication would take all of the existing parking spaces along the front of the property and the building line would extend into the structure. We under stand that Grapevine Highway will need to be widened someday but to our knowledge this is not planned for many years. The property to the east was re-platted in 1997 and did not dedicate this right-of-way. Therefore we respectfully request this requirement be waiver. 5701-C Midway Road Fort Worth, Texas 76117 817-831-7711 B. Glenview Drive request 5 feet along the north property line. The existing parking lot is constructed on the property line. Therefore the same situation exists as mention on Grapevine Highway above. We would lose all of the parking spaces along Glenview Drive. Therefore we respectfully request this requirement be waiver. As noted above this property is unique since the structures have been in existence for twenty plus years. When developed originally the site was constructed to provide parking for the single story and six story buildings. As mentioned above the parking lots extend to the property lines which is allowed under this zoning. The dedication of the right of way will produce a hardship on the property by requiring the reconstruction of the existing parking spaces plus removing and replacing the existing landscaping. This variance will not adversely effect the surrounding property or conflict with the Comprehensive Land Use Plan. 6. The signatures will be placed on the final plat. 7. We request that the construction of sidewalks along Grapevine Highway be waived because there are no existing sidewalks at this time. Please find fifteen copies and one 8.5 x I 1 copy of the revised plat. Please place this item on the July 8, 1999, Planning&Zoning Commission Agenda.. If you have any questions or need additional information please contact me at 817-831-7711. Your assistance in approving this plat is greatly appreciated. Sincerely sP.E./ ^6 Erne Hedgcoth, 9925 NRH_COM_6 30_99 PLANNING & INSPECTION DEPARTMENT Memo To: Marcy Ratcliff, Director of Planning From: Ed Dryden, Building Official Date: June 22, 1999 Re: PS 99-13 PS 99-13 is an application to replat one lot into two lots. The current lot has an existing building. The proposed plat will place a property line in the middle of the building. Very generally, buildings must have fire rated walls when walls are constructed on or near property lines. In this case, the building code will require retrofitting the building with an "area separation wall." For the type of construction represented in the existing buildings, the wall is required to be of four(4) hour fire resistive construction. The wall is permitted to have openings as long as the openings are protected by fire assemblies being a three (3) hour fire protective rating. The total width of all openings cannot exceed 25% of the length of the wall. When two adjacent buildings are of different heights, there are some additional requirements I relay all this to add that after a site visit, the building modification would obviously be difficult and quite costly to achieve. As an alternate, I offer to the current and possibly future owners the attached Unity Agreement & Covenant. Basically the Agreement identifies the building code issues as described in the memo and provide a means of the continued use of the building as being on one lot. The Agreement will be binding on all future assigns. However, the Agreement provides no protection from the spread of fire from one building to the other as the building code intends for buildings located in close proximity of property lines This may create some questions of liabilities for the owners to consider. This memo does not address any other issues such as zoning (parking), utilities and fire protection (fire sprinkler & stand pipe). If the plat applicant is not willing to pursue •Page 1 the Unity Agreement & Covenant, then I will recommend denial of the plat due to the obvious building code violations that would be created The Agreement has not been reviewed by the City Attorney. •Page 2 UNITY AGREEMENT & COVENANT § THE STATE OF TEXAS § COUNTY OF TARRANT WHEREAS, the following Applicants by this instrument desire to use all or a portion of the tracts described below for purposes of meeting the requirements of Section (s) 505 (f) of CHAPTER 5, "THE 1991 UNIFORM BUILDING CODE," of the CITY OF NORTH RICHLAND HILLS City Code, as amended; Now, Therefore, KNOW ALL PERSONS BY THESE PRESENTS: That ("Applicant A") is the owner of the below described real property ("Track A"): Street Address Property Description: Lot , Block , Addition Zoning District , more particularly described in Volume Page , in the Deed Records of County, Texas and I n the attached "Exhibit A," which is made a part of this agreement for all purposes The following use is located on Tract A: 11 That ("Applicant B") is the owner of the below described real property ("Tract B"): Street Address Property Description: Lot , Block , Addition Zoning District , more particularly described in Volume Page , in the Deed Records of County, Texas and in the attached "Exhibit B," which is made a part of this agreement for all purposes. The following use is located on Tract B: III. In order that all uses on Tract A and Tract B may operate in compliance with CHAPTER 5, "THE 1991 UNIFORM BUILDING CODE," as amended ("Code"), of the City of NORTH RICHLAND HILLS ("City") and derive all the benefits from such compliance, and for such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, as Applicant A and Applicant B (collectively referred to as "the Applicants") have agreed upon, the Applicants understand and agree that Tract A and Unity Agreement & Covenant - Page 1 of 4 Tract B shall be considered one lot, pursuant to Section 514 of the Code, for purposes of meeting the requirements of Section (s) 505 (f) of the Code, as briefly summarized below: When Tract A and Tract B are considered as one lot for the purposes of the building code, the requirements of the area separation wall as described in Section 505 (f) of the 1991 Uniform Building Code are mute. IV. The Applicants understand and agree that this agreement is for the purposes of authorizing the Building Official of the City to issue building permits and/or certificates of occupancy for Tract A and Tract B and that this agreement does not affect the boundaries or the ownership of Tract A and Tract B. The applicants further understand and agree that this agreement neither affects the ability of the City to strictly enforce any and all provisions of the Code, nor restricts the right of the City Council of the City to exercise its legislative duties and powers insofar as zoning of the tracts is concerned. V. The Applicants agree to defend, indemnify, and hold harmless the City from and against all claims or liabilities arising out of or in connection with this agreement and the issuance of the building permits and/or certificates of occupancy for Tract A and Tract B by reason of this agreement. VI. Unless stated otherwise in this agreement, the definitions and provisions of CHAPTER 5, "THE 1991 UNIFORM BUILDING CODE," as amended, apply and are incorporated into this agreement as if recited in it VII The Applicants agree to file, at their own expense, a true and correct copy of this agreement in the Deed Records of the county or counties in which the tracts are located as soon as practicable after this agreement is approved by both the Building Official and the City Attorney Prior to the issuance of a building permit or certificate of occupancy by the Building Official for the uses and tracts governed by this agreement, the Applicants agree to submit two copies of this agreement that have been file-marked at the appropriate deed records office (s) VIII. The Applicants understand and agree that this agreement shall be governed by the laws of the State of Texas. IX. Unity Agreement & Covenant - Page 2 of 4 The Applicants understand and agree that this agreement shall be a covenant running with the land with respect to all tracts governed by this agreement and that this agreement shall fully bind any successors, heirs, and assigns of the Applicants who acquired any right, title, or interest in or to any of the tracts, or any part thereof, that are governed by this agreement. Any person who acquires any right, title, or interest in and to any of the tracts, or any part thereof, governed by this agreement thereby agrees and covenants to abide by and fully perform this agreement. X. In the event that Tract A and Tract B ever become owned by the same person or entity, the Doctrine of Merger shall not apply. XI. The Applicants understand and agree that this agreement may be amended or terminated only by an instrument that is signed by the owners of both Tract A and Tract B, approved by the Building Official, and approved as to form by the City Attorney. The Building Official shall approve a properly signed instrument amending or terminating this agreement if (1) a written request to amend or terminate this agreement is made by Applicant A, Applicant B, or a successor, heir, or assign of Applicant A or Applicant B; and (2) all uses and tracts governed by this agreement fully comply with the applicable provisions of the 1991 Uniform Building Code described in Paragraph III of this agreement. The Applicants shall file the amending or terminating instrument in the Deed Records of the county or counties in which the tracts are located at their sole cost and expense. After filing the amending or terminating instrument in the Deed Records, the Applicants shall file two copies of the instrument with the Building Official. No amendment or termination of this agreement is effective until the amending or terminating instrument is filed in accordance with this paragraph. XII. Applicant A and Applicant B each certify and represent that there are no liens, other than liens for ad valorem taxes, against their respective tracts if there are no signatures of lienholders for those tracts. XIII. Unity Agreement & Covenant - Page 3 of 4 The invalidation of any provision of this agreement by any court shall in no way effect any other provisions, which shall remain in full force and effect, and to this end the provisions are declared to be severable. EXECUTED at , County, Texas, on this the day of , 199_ APPLICANT A APPLICANT B By: By: Title: Title: CONSENT AND CONCURRENCE OF LIENHOLDERS: Tract A Lienholder Tract B Lienholder By. By: Title: Title: APPROVED. APPROVED AS TO FORM , CITY ATTORNEY Building Official City Attorney [ATTACH ACKNOWLEDGEMENTS AND EXHIBITS] Unity Agreement & Covenant - Page 4 of 4 DECLARATION OF RESTRICTIONS. GRANT OF EASEMENTS, �"Ii AND PARTY WALL AGREEMENT This Declaration of Restrictions, Grant of Easements, and Party Wall Agreement ("Agreement") is executed this 1" day of July, 1999, by NORTH RICHLAND HILLS BAPTIST CHURCH OF FORT WORTH, INC. ("NRHBC"). RECITALS A. NRHBC owns Parcels 1 and 2 (defined below). Utilities (defined below) run through Parcel 2 to serve Parcel 1. NRHBC contemplates selling Parcel 2. To provide services to Parcel 1, NRHBC reserves herein easements for the Utilities and for maintenance, service, repair, and access to such Utilities. B. NRHBC also reserves herein the use of a portion of the parking lot on Parcel 2 at certain times for its own use. C. NRHBC, for itself and its grantees, successors and assigns, also wishes to set out its agreements regarding the maintenance, repair, and liability for the Party Wall (defined below) that separates part of Parcel I from part of Parcel 2. In consideration of the premises, NRHBC, for itself, and for the grantees of both Parcel I and Parcel 2, agrees as follows: AGREEMENT 1 Preliminary. 1.1 Definitions. (a) NRHBC" means North Richland Hills Baptist Church of Fort Worth, Inc. (b) "Owner" means the record holder of fee simple title to all or any part of Parcel 1 or Parcel 2, its heirs, personal representatives, successors, and assigns. (c) "Parcel 1" means the property described on Exhibit A attached to this Agreement, to be known as Lot 2, Block I, Monte Commercial Center, an addition to the City of North Richland Hills, Tarrant County, Texas, according to plat to be recorded. 22889v 10 (d) "Parcel 2" means the property described on Exhibit B attached to this Agreement, to be known as Lot 1-R-1, Block 1, Monte Commercial Center, an addition to the City of North Richland Hills, Tarrant County, Texas, according to plat to be recorded. (e) "Party Wall" means the northern wall of NRHBC's building on Parcel I. (0 "Person" means individuals, partnerships, firms, associations, corporations, trusts, governmental agencies, administrative tribunals, or any other form of business or other legal entity. (g) "Property" means Parcels 1 and 2. (h) "Restrictions" means the easements, covenants, restrictions, liens, and encumbrances contained in this Agreement. CO "Utilities" means the existing water or storm sewer drainage systems or structures, water mains and water lines, sewers, water sprinkler system lines, telephone lines, electrical lines, conduits or systems, gas mains and gas lines, cable television lines and facilities, and other public or private utilities on Parcel 1 and Parcel 2, as well as all repairs, replacements, and enhancements thereto. (j) "Utility Work" means installation, operation, maintenance, construction, repair, replacement or enhancement of the Utilities. 2. Easements. 2.1 Ingress, Egress, and Parking. NRHBC has reserved to itself, its members, tenants, contractors, employees, agents, customers, licensees, and invitees, for the benefit of Parcel I, as grantees, an easement for ingress and egress by vehicular and pedestrian traffic and for vehicular parking upon, over, and across Parcel 2. This easement shall be an exclusive easement for vehicular parking with respect to the use by NRHBC of four hundred sixty (460) parking spaces on Sundays from 7:00 a.m. to 10:00 p.m.; and three hundred twenty-two (322) parking spaces on Wednesdays from 5:30 p.m. to 10:00 p.m. This easement shall be non-exclusive at all other times when space is available, subject to applicable laws and ordinances. 2.2 General Ingress and Egress Easement. Each Owner shall use reasonable means to secure ingress and egress to the other's property, including access to roofs, 22889v 10 basements, crawl spaces, and offices. NRHBC reserves for itself, for the benefit of Parcel 1, a non-exclusive easement to and access to, at all times, the space beneath its ground floor through the access door of the improvements on Parcel 2 for inspection, repair and construction on its own Parcel. 2.3 Utility Lines and Facilities. (a) Each Owner, as grantor, hereby grants to the other Owner, for the benefit of the Parcel belonging to the other Owner, as grantee, a nonexclusive easement under, through, and across the Owner's Parcel(s) for Utility Work. Each Owner shall provide access to its Parcel during regular business hours, and, in the case of an emergency, at any and all times, for the Utility Work. The Utility Work shall not unreasonably interfere with the use of the other Parcel or with the normal operation of any of the other Owner's activities. Except as otherwise provided herein, the party instigating the Utility Work shall bear all costs of the Utility Work, shall repair to the original specifications any damage to the Parcel resulting from such use and shall provide as-built plans for all such facilities to the Owners of all parcels upon which such Utilities are located within thirty (30) days after the date of completion of construction of same. (b) At any time and from time to time, the Owner of a Parcel shall have the right to relocate on its Parcel any of the Utilities installed pursuant to the foregoing grant of easement which is then located on the land of such Owner, provided that any such relocation (i) shall be performed only after sixty (60) days notice of the Owner's intention to undertake the relocation shall have been given to the Owner of each Parcel served by the Utilities, (ii) shall not unreasonably interfere with or diminish utility service to the Parcels served by the Utilities, (iii) shall not reduce or unreasonably impair the usefulness or function of the Utilities, (iv) shall be performed without cost or expense to any other Owner or occupant of any Parcel served by the Utilities, and (v) shall provide for the original and relocated area to be restored to the original specifications. The Owner performing such relocation shall provide as-built plans for all such relocated Utilities to the Owners of all Parcels served by such Utilities within thirty (30) days after the date of completion of such relocation. (c) Each Owner agrees to grant such additional easements as are reasonably required by any public or private utilities for the purpose of providing the utility lines and facilities described herein provided such easements are not otherwise inconsistent with the provisions of this Declaration. 2.4 Building Encroachments. Each Owner, as grantor, hereby grants to the other Owner, as grantee, for the benefit of the other Parcel an easement for any portion of any building or structure located on any such Parcel which may inadvertently encroach 22889v 10 -3- into or over the grantor's adjoining Parcel. The easements granted in this Section 2.3 shall survive this Declaration and shall last so long as the encroaching building is standing following its reconstruction where such building is substantially restored to its prior condition following a casualty or condemnation. 3. Restrictions On Use. 3.1 Restrictions. Except as otherwise specifically provided herein, no part of Parcel 2 shall be used as a bar, tavern, cocktail lounge (except as part of a full service restaurant if otherwise authorized herein), adult book or adult video store, warehouse, pawn shop, facility that is primarily a check cashing operation (this does not include banks), arcade, billiard hall, pool hall, massage parlor, dance hall, sexually oriented business, liquor store, or for the renting, leasing, or selling of or displaying for the purpose of renting, leasing, or selling of any boat, motor vehicle, or trailer, or for industrial purposes. 4. Party Wall. 4.1 Grant. NRHBC, as Owner of Parcel 1, grants to itself, as Owner of Parcel 2, an easement to use the northern wall of NRHBC's building on Parcel I (defined herein as "Party Wall") as a party wall. The rights under this Agreement shall constitute an easement and a covenant running with the land, and nothing in this Agreement shall be construed as a conveyance by NRHBC to any transferee of Parcel 2 of any rights in the fee of Parcel 1. 4.2 License to Enter. For the purpose of erecting, extending, or repairing the Party Wall, each party is licensed by the other to enter upon the other party's premises after giving written notice. 4.3 Remodeling. If and when any future Owner of Parcel 2 remodels or adds any improvements to Parcel 2 using the Party Wall, the Owner of Parcel 2 shall notify NRHBC sixty (60) days prior to commencing work, and the notice shall include a detailed description of all work contemplated. All work shall be done in a good and workmanlike manner and no Owner shall penetrate or damage the Party Wall in any way, or injure NRHBC's adjoining building in any way. 4.4 Cost of Remodeling. The cost and expense of modifying the Party Wall shall be borne solely by the Owner of Parcel 2, and the Owner of Parcel 2 shall indemnify NRHBC and hold NRHBC harmless from, and defend NRHBC against, any cost, expense, or liability by reason of the cost of modifying the Party Wall. The Owner of 22889v 10 _q_ Parcel 2 shall require its contractor to maintain builder's risk insurance and shall name NRHBC an additional insured. 4.5 Right to Extend. Either party shall have the right to extend the Party Wall either horizontally or vertically, or both, as long as the adjoining building is not injured by the extensions and the Party Wall benefits and support to which the adjoining building is entitled are not impaired by the extensions. Either party shall also have the right to add thickness to the Party Wall, as long as any added thickness is not placed on the land of the other party without that party's written consent. 4.6 Right to Use Extension. If the Party Wall is extended as provided by Section 4.5, either party shall have the right to use the extended Party Wall for any proper purposes and to its full extension in the same manner that the party is entitled under this Agreement to use the Party Wall as originally constructed. 4.7 Payment of Cost of Extension. If the Party Wall is extended, the cost and expense of the extension shall be borne by the party causing the extension. However, should the other party then use any portion of the extension as a Party Wall, that party shall pay to the other party fifty percent (50%) of the cost of the extension or whatever portion is used as a Party Wall. 4.8 Repairs and Maintenance. If it becomes necessary to repair or rebuild the Party Wall as constructed or extended, the cost of repairing or rebuilding those portions of the Party Wall used by both parties at the time of repair shall be borne by both parties equally. The cost of repairing or rebuilding any remaining portion of the Party Wall shall be wholly borne by the party that exclusively uses that portion of the Party Wall. 4.9 Destruction of Party Wall. If the Party Wall is totally or partially destroyed by fire or other cause, then the party deemed liable for the fire or other cause shall reconstruct the Party Wall at that party's own expense. 4.10 Additional Maintenance. The Owners of each Parcel will properly maintain not only the Party Wall but also adjoining walls, roofs, sidewalks, and landscaping at their own expense so as not to damage or create a situation that would damage the other's property or unreasonably interfere with the operation of the other's property. 5. General Provisions. 22889v 10 .5. 5.1 Covenants Run With the Land. Each Restriction and Easement on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcel and each part thereof and shall run with the land. 5.2 Successors and Assigns. This Declaration and the Restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, that if any Owner sells all or any portion of its interest in any Parcel, such Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the property sold by it arising under this Declaration after the sale and conveyance of title but shall remain liable for all obligations arising under the Declaration prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof(including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale, or otherwise) shall be liable for all obligations arising under this Declaration with respect to such Parcel or portion thereof after the date of sale and conveyance of title. 5.3 Duration. Except as otherwise provided herein, the term of this Declaration shall be as follows: (a) The terms and provisions of Section 3.1 hereof shall terminate sixty- five (65) years from the date hereof. (b) All other rights, titles, and easements under this Declaration shall be of perpetual duration. 5.4 Injunctive Relief. In the event of any violation or threatened violation by any person of any of the Restrictions contained in this Declaration, any or all of the Owners of Parcels I and 2 shall have the right to enjoin such violation or threatened violation in a court of competent Jurisdiction. The right of injunction shall be to addition to all other remedies set forth in this Declaration or provided by law. 5.5 Modification and Termination. This Declaration may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Owners of both Parcels 1 and 2 at the time of such modification or termination, and then only by written instrument duly executed and acknowledged by all of the required Owners thereof, duly recorded in the office of the recorder of the county in which the Parcels are located. No modification or termination of this Declaration shall affect the 22889v 10 -6- rights of any Lienholder of such Parcel unless the Lienholder consents in writing to the modification or termination. 5.6 Requests for Approval. Except where otherwise specifically stated herein, all consents and approvals required hereunder shall be given within thirty (30) days after receipt of written notice specifying the section pursuant to which such consent or approval is requested and including copies of all documents reasonably required to grant such consent or approval. In the event written notice of approval or disapproval (with reasons specified) is not given within said thirty (30) day period, said request shall be deemed disapproved. 5.7 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of either Parcel 1 or Parcel 2 to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed. 5.8 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Owner to terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Declaration. Any breach of this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Declaration shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale, or otherwise. 5.9 Default. A person shall be deemed to be in default of this Declaration only upon the expiration of thirty (30) days [ten (10) days in the event of failure to pay money] from receipt of written notice from any Owner specifying the particulars in which such person has failed to perform the obligations of this Declaration unless such person, prior to the expiration of said thirty (30) days (ten (10) days in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, such person shall not be deemed to be in default if such failure (except a failure to pay money) cannot be rectified within said thirty (30) day period and such person is using good faith and its best efforts to rectify the particulars specified in the notice of default 5.10 Notices. (a) All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, by United States mail, or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the person and address 22889v 10 shown on the then current real property tax rolls of the county in which the Parcels are located. As to notices to NRHBC, they shall be sent to the person and address set forth below. NRHBC: North Richland Hills Baptist Church of Fort Worth, Inc. 4001 Vance Road Fort Worth, Texas 76180 Attention: Business Administrator With copy to: Dee S. Finley, Jr. Harris, Finley & Bogle, P.C. 1300 Bank One Tower 500 Throckmorton Street Fort Worth, Texas 76102 The person and address to which notices are to be given may be changed at any time by any party upon wntten notice to the other parties. All notices given pursuant to this Declaration shall be deemed given upon receipt. (b) For the purpose of this Declaration, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to this Section, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of(A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of non- delivery by the sending party. 5.11 Waiver. The failure of a person to insist upon strict performance of any of the Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in any of the Restrictions contained herein by the same or any other person. 5.12 Attorney's Fees. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 22889v 10 -8- 5.13 Severability. If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Declaration or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. 5.14 Not a Partnership. The provisions of this Declaration are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. 5.15 Third Party Beneficiary Rights. This Declaration is not intended to create, nor shall It be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 5.16 Captions and Headings. The captions and headings in this Declaration are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions, or agreements contained herein. 5.17 Waiver of Subrogation. Each party hereto hereby waives any and every claim which arises or may arise in its favor and against all other parties hereto during the terms of this Declaration for any and all loss of, or damage to, any of its property located within or upon or constituting a part of its Parcel(s), which loss or damage is covered, or which could have been covered, by valid and collectible fire and extended coverage Insurance policies (regardless if in effect at the time of loss). Said mutual waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Declaration with respect to any loss or damage to property of the parties hereto. Inasmuch as the above mutual waivers will preclude the assignment of any aforesaid claim by way of subrogation (or otherwise) to an insurance company (or any other person), each party hereto hereby agrees immediately to give to each insurance company which has issued to it policies of fire and extended coverage insurance, written notice of the terms of said mutual waivers, and to have said insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance coverages by reason of said waivers. 5.18 Entire Agreement. This Declaration contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. 22889,10 -9- 5.19 Construction. In construing the provisions of this Declaration and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 5.20 Joint and Several Obligations. In the event any party hereto is composed of more than one person, the obligations of said party shall be joint and several. 5.21 No Merger. There shall be no merger of title estates as between Parcel 1 and Parcel 2 or the rights appurtenant to the ownership of Parcel 1 and Parcel 2. 5.22 Recordation. This Declaration shall be recorded in the Real Property Records of Tarrant County, Texas. EXECUTED as of the day and year first above written. NORTH RICHLAND HILLS BAPTIST CHURCH OF FORT WORTH, INC. By: Name: Title' STATE OF COUNTY OF This instrument was acknowledged before me on , 1999, by of North Richland Hills Baptist Church of Fort Worth, Inc., a Texas corporation, on behalf of the corporation. My Commission expires: Notary Public, State of Texas (Print or type name) 22889v 10 -10- CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 7/12/99 Subject Appointment to Place 7 on the Crime Control and Agenda Number GN 9958 Prevention District Place 7 on the Crime Control and Prevention District has been vacated by Ms. Cheryl Lyman. According to the Board's Rules and Procedures, a vacancy in the Office of the Directors is to be filled by City Council appointment. Since the term of Place 7 will not expire until September 1, 1999, the Council should appoint a member of the Council to fill the unexpired term of office. Council Members currently serving on the Board of Directors are: Charles Scoma Place 1 Lyle E. Welch Place 2 Russell Mitchell Place 3 Don Phifer Place 4 Frank Metts, Jr. Place 5 Matt Milano Place 6 Recommendation: To appoint a member of the City Council to Place 7 on the Crime Control and Prevention District Board, term expiring September 1, 1999. Finance Review Source of Funds Account Number Bonds(GO/Rev) Sufficient Funds Avanaoie Operating Budget Other Finance Director Department Head Signature 611y Manager S'e na re CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 7/12/99 Subject Appointments to Boards/Commissions Agenda Number GN 99-57 The individuals serving on the Boards and Commissions in Places 1, 3, 5 and 7 terms of office expired on June 30. Ordinance No. 2304 states that the City Council will act upon Council member nominations and appoint board members at the first Council meeting in July. The following nominations have been submitted for Council consideration at this time. Also included in the list of nominations, is a nomination to fill a vacancy on Place 4 on the Parks and Recreation Board. Beautification Commission Place 1 Patsy Tucker term expires 6/30/2001 Place 3 Doris Batenhorst term expires 6/30/2001 Place 5 Jane Dunkelberg term expires 6/30/2001 Place 7 Delores Pultz term expires 6/30/2001 Board of Adjustment Place 1 Leslie M. Jauregui term expires 6/30/2001 Place 3 (Alt.) Paul Young term expires 6/30/2001 Place 5 Tommy Duer term expires 6/30/2001 Place 7 Kyle Bacon term expires 6/30/2001 Board of Appeals Place 1 Garry Cope term expires 6/30/2001 Place 3 Michael Dean term expires 6/30/2001 Place 5 John Larriviere term expires 6/30/2001 Place 7 (Alt.) Bob McCary term expires 6/30/2001 Cable TV Board Place 1 Jim Schulier term expires 6/30/2001 Place 2 Kevin Leckey term expires 6/30/2000 Place 3 David Whitson term expires 6/30/2001 Place 5 James Allen, Sr. term expires 6/30/2001 Place 7 Tom Hagen term expires 6/30/2001 i Finance Review Source of Funds: Account Number Bonds(GO/Rev.) Sufficient Funds Avaiiame Operating Budget Other Finance Director Department Head Signature IrCity Manager Si.•ature Page 1 of 2 CITY OF NORTH RICHLAND HILLS Library Board Place 1 Polly Brinkley term expires 6/30/2001 Place 3 Mary Shilcutt term expires 6/30/2001 Place 5 Avis Crisp term expires 6/30/2001 Place 7 Eva Peneria term expires 6/30/2001 Parks and Recreation Board Place 1 Mark Haynes term expires 6/30/2001 Place 3 Scott Turnage, Jr. term expires 6/30/2001 Place 4 Kyle Appling term expires 6/30/2000 Place 5 John Lewis term expires 6/30/2001 Place 7 Jeff Arwine term expires 6/30/2001 Planning & Zoning Commission and Capital Improvement Advisory Committee Place 1 Ron Lueck term expires 6/30/2001 Place 3 Don Bowen term expires 6/30/2001 Place 5 Timothy J. Welch, P.E. term expires 6/30/2001 Place 7 Joe Tolbert term expires 6/30/2001 Teen Court Advisory Board Place 1 Vanessa Trevino term expires 6/30/2000 Place 3 Ronald Moore term expires 6/30/2001 Place 5 Kathy Graves term expires 6/30/2001 Place 7 Becky Hullit term expires 6/30/2001 Town Hall Committee Place 1 Don Pultz term expires 6/30/2001 Place 3 Jim Kemp term expires 6/30/2001 Place 5 Ross Hood term expires 6/30/2001 Place 7 Chuck Shive term expires 6/30/2001 Recommendation: To take action on the above listed nominations. CITY COUNCIL ACTION ITEM Page 2 of 2 • CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 7/12/99 Subject Appointments to the Park and Recreation Facilities Agenda Number GN 9949 Development Corporation The terms of office for the Board Members serving in Places 2, 4 and 6 on the Park and Recreation Facilities Development Corporation expired in May. In addition, Oscar Trevino who served in Place 7 prior to being elected to the City Council is no longer eligible to serve in Place 7. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 2 and 4 are designated for Council Member Directors and Places 6 and 7 are designated for Citizen Member Directors. For the past two years, Mayor Pro Tern Johnson has served in Place 2 and Councilman Metts has served in Place 4. Place 6 was vacated with the resignation of Ms. Pam Jackson. Councilman Trevino vacated Place 7 when he was elected to the Council. The City Council should make appointments to fill Places 2, 4, 6 and 7. Other members presently serving on the Board and whose terms have not yet expired are: Place 1 Don Phifer Place 3 Charles Scoma Place 5 Dave Davis Recommendation: To appoint Council Member Directors to Places 2 and 4 and a Citizen Member Director to Place 6, terms expiring May 2001 and to appoint a Citizen Member Director to fill the unexpired term of Place 7, term expiring May 2000. Finance Review Source of Funds Account Number Bonds(GO/Rev) — Sufficient Funds Avaname Operating Budget Other Finance Director Department Head Signature S Manager Site CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date 7/12/99 Subject. Appointments to Places 1 and 3 on the Animal Agenda Number. GN 99-60 Control Shelter Advisory Committee The individuals currently serving in Places 1 and 3 on the Animal Control Shelter Advisory Committee terms of office expired June 30, 1999. The ordinance establishing the Committee states that the appointment to Place 1 shall be licensed veterinarian and the appointment to Place 3 shall be an employee of the City Animal Control Shelter. Currently serving in Place 1 is Joe Metcalf, DVM and serving in Place 3 is Don Sharp, North Richland Hills Animal Services Supervisor. Both of these positions are two-year terms of office. Recommendation: To appoint to the Animal Control Shelter Advisory Committee a Licensed Veterinarian to Place 1 and an employee of the North Richland Hills Animal Shelter to Place 3, terms expiring June 30, 2001 r Finance Review Source of Funds Account Number Bonds(GO/Rev) Sufficient Funds AvanaDie Operating Budget p�Other Finance Director Q ./LeG12 /eaten-eta • Department Head Signature ity Manger Sic-nature CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Department Council Meeting Date: 7/12/99 Subject: Approval of Submittal for TEA-21 Enhancement Program Agenda Number: GN 9941 Resolution No. 99-46 The City of North Richland Hills is eligible to apply for matching grant funds from the Transportation Equity Act of 1998 (TEA-21) through the Statewide Transportation Enhancement Program. Application can be made for five transportation enhancement projects under this call for projects. 1. Walker's Creek Multi-Use Trail and Bike Transit Station 10' wide multi-use trail from the North Electric Trail, through Town Center, and north to Little Bear Creek Trail. 2. Phase II Route Maps and Signs Second printing of bike route maps and additional route signs. 3. Cottonbelt Multi-Use Trail Extension Extension of trail from Browning, south to Loop 820. 4. Little Bear Creek Multi-Use Trail Phase II Additional multi-use trail and equestrian trail funding to complete project. 5. Little Bear Creek Corridor Preservation Acquisition Acquisition of environmentally significant areas for presentation and protection. Projects 1, 2, and 3 were also submitted under the CMAQ (Congestion Mitigation Air Quality) call for projects in May 1999. Submitting these projects again under the Enhancement Program provides an additional opportunity to increase our chance of successfully securing federal grant funds. All of these projects comply with City Council Goal #5 regarding quality of life amenities for the community and City Council Goal #2 regarding quality development, instilling community pride and identity. Project Total Cost City Share Walker's Creek Multi-Use Trail & Bike Transit Station $1,704,000 $357,000 Phase II Route Maps and Signs $100,000 $20,000 Cottonbelt Multi-Use Trail Extension $600,000 $120,000 Little Bear Creek Multi-Use Trail Phase II $635,000 $127,000 Little Bear Creek Corridor Preservation Acquisition $1,000,000 $200,000 Finance Review Source of Funds' Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other F Finance-Dhow( /LL:.� A U1/2vl4A,zan Department Head Signature • City Man ger CITY COUNCIL ACTION M Z Page 1 of CITY OF NORTH RICHLAND HILLS The total amount of TEA-21 funds requested for all five projects is $4,039,000. The total amount of the City's share is $924,000. The proposed Long Range Park and Recreation Facility Development Capital Improvement Program includes funding for the City's share of these projects. Adoption of the attached resolution is a pre-requisite to completing the grant application package. Upon adoption of the Resolution, the following schedule is anticipated: • Submit Grant Application — July 16, 1999 • Notice of Award — Late Fall 1999 • Execute Grant Agreements with TxDOT - Winter 2000 If awarded, projects should be completed within a three-year time period from execution of the grant agreement and contingent upon TxDOT timelines. Recommendation: To adopt Resolution No. 99-48 authorizing the submittal of the Walker's Creek Multi-Use Trail and Bike Transit Station, Phase II Route Maps and Signs, the Cottonbelt Multi-Use Trail Extension, the Little Bear Creek Multi-Use Trail Phase II, and the Little Bear Creek Corridor Preservation Acquisition as projects for TEA-21 grant applications to the Texas Department of Transportation. Page Z of 2 RESOLUTION NO. 99-48 A RESOLUTION APPROVING THE SUBMISSION OF FIVE PROPOSED PROJECTS TO THE TEXAS DEPARTMENT OF TRANSPORTATION AS CANDIDATES FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is vitally interested in enhancing the transportation system and preserving history within the City and within the north Texas region; and WHEREAS, the Statewide Transportation Enhancement Program announced by the Texas Department of Transportation provides the vehicle for funding transportation enhancements on a 20% local basis in accordance with the Transportation Equity Act of 1998 (TEA-21); and WHEREAS, the City Council wishes to designate these capital improvement projects which are eligible for transportation enhancement funding; and WHEREAS, the City Wide Trail System Master Plan identifies the Walker's Creek Multi-Use Trail and Bike Transit Station, Phase II Route Maps and Signs, the Cottonbelt Multi-Use Trail Extension, and the Little Bear Creek Multi-Use Trail Phase II as significant regional transportation enhancement projects for pedestrians and bicyclists; and WHEREAS, the Little Bear Creek Corridor Preservation Acquisition project will promote preservation of an environmentally significant natural corridor adjacent to the Little Bear Creek Multi-Use Trail (an ISTEA project) and Precinct Line Road (FM 3029), and will enhance the quality of the trails and this heavily used thoroughfare; and WHEREAS, the completion of these projects will provide valuable and critical links and access in developing a complete trail system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: SECTION I. That the Walker's Creek Multi-Use Trail and Bike Transit Station project, valued at $1,704,000, be submitted to the Texas Department of Transportation to be considered for funding through the Statewide Transportation Enhancement Program. The City certifies its commitment to provide a 20% local funding match of$357,000. SECTION II. That the Phase II Route Maps and Signs project, valued at $100,000 be submitted to the Texas Department of Transportation to be considered for funding through the Statewide Transportation Enhancement Program. The City certifies its commitment to provide a 20% local funding match of$20,000. SECTION III. That the Cottonbelt Multi-Use Trail Extension project, valued at $600,000 be submitted to the Texas Department of Transportation to be considered for funding through the Statewide Transportation Enhancement Program. The City certifies its commitment to provide a 20% local funding match of$120,000. SECTION IV. That the Little Bear Creek Multi-Use Trail Phase II project, valued at $635,000 be submitted to the Texas Department of Transportation to be considered for funding through the Statewide Transportation Enhancement Program. The City certifies its commitment to provide a 20% local funding match of$127,000. SECTION V. That the Little Bear Creek Corridor Preservation Acquisition project, valued at $1,000,000 be submitted to the Texas Department of Transportation to be considered for funding through the Statewide Transportation Enhancement Program. The City certifies its commitment to provide a 20% local funding match of$200,000. SECTION VI. The City Council hereby authorizes and directs its City Manager to act for the City of North Richland Hills 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 VII. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 12th day of July 1999. Charles Scoma, Mayor ATTEST: BY: Patricia Hutson, City Secretary Approved as to content: B, � Jim Browne, Director of Parks & Recreation Approved as to legal form: By: Rex McEntire, Attorney for the City CITY OF • NORTH RICHLAND HILLS Department Council and Recreation Department Council Meeting Date: 7/12/99 Subject: Approval of the Thornbridge Neighborhood Park Plan Agenda Number: GN 99.62 The preliminary concept plan for the development of the Thornbridge Neighborhood Park Site was presented at the May 17, 1999 Park and Recreation Board meeting. An opportunity was provided for discussion and citizen input. The Park and Recreation Board, at their July 6, 1999 meeting, unanimously approved forwarding a recommendation to City Council to adopt the development plan for the Thornbridge Neighborhood Park site. The Thornbridge Neighborhood Park Site is approximately 12 acres of a 33-acre park site located within and adjacent to the Thornbridge subdivision. The park is being developed with funding received through a $300,000 Texas Parks and Wildlife grant. The park amenities submitted and approved in the grant agreement executed with TPWD include a playground, gazebo, practice baseball backstop, bridge, associated landscaping and irrigation, park furniture and a multi-use trail throughout the park and extending to the future Little Bear Creek Trail. This project reflects City Council Goal #5 regarding quality of life amenities for the community and City Council Goal #2 regarding quality development, instilling community pride and identity. Three citizens posed questions during the public meeting, and also provided general comments in support of the proposed plan. Based on the comments received at the meeting, staff will also be contacting the Thornbridge Architectural Control Committee to review color and material selections for the playground and gazebo. Upon approval of the development plan, the following schedule is anticipated: • Complete construction plans and specifications • Submit construction documents to TPWD • Solicit bids upon approval from TPWD • Substantial completion of construction — February 2000 Recommendation To approve the development plan for the Thornbridge Neighborhood Park site. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev) _ Sufficient Funds Available Operating Budget o 4:Other 114SW Finn os•nw SAO) L-vutt Department Head Signature / City Manag-r CITY COUNCIL ACTION ITEM l I Page 1 of a+ AO Q I boo z 2 X A '„ O w 133113-9 Z zz P? it W L /Wye �/..L�� CD . '4i„. Fig V, La 0 I O 0 cDD el ■' Q CL N li J r gi. U) if It:. '1;:'. ; .. o f . 5 1: 0:I its O ., U� Y * C.' •• z z : it 1.9 elP , , ,, w 111 iii? / / 0. m or.4. .. b... "I'Ve MOad3WNUGHl . , . lilt ''. '''i.i r w t J, h cc w W , ', n Y 0 a Q ZZ Z I- z w 0 I 2 — K e.• y ��t f k as ti A..r 1 • CITY OF NORTH RICHLAND HILLS Department. Parks and Recreation Department Council Meeting Date' 7/12/99 Subject: Authorizing the Submittal for a Texas Parks and Wildlife GrantAgenda Number: GN 99-63 for Brandonwood Neighborhood Park Site. Resolution No. 99-47 The City of North Richland Hills is eligible to apply for matching grant funds from the Texas Parks and Wildlife Department for construction of a neighborhood park site located within the Brandonwood subdivision in the northern section of the City. The developer of the subdivision has presented the opportunity to provide neighborhood park services within this area of the city by offering the donation of the land. Thombridge Neighborhood Park Site is currently being developed in the same manner, with funding assistance from TPWD. The grant application is in the amount of approximately$175,000 - $225,000 with the final funding based on the final property appraisal. The matching value from the City's participation will be accomplished by the property donation from the developer. The proposed improvements include a playground, pavilion, picnic facilities, landscaping, irrigation and trail. This project will provide recreational and leisure opportunities and enhance support and partnership within the community in accordance with City Council Goal #5, regarding quality of life amenities for the community. Upon adoption of the resolution, which is a critical pre-requisite in submitting the $175,000 - $225,000 grant application prior to the July 31, 1999 deadline, the following schedule can be anticipated: • Submit Grant Application —July 31, 1999 • TPWD Notice of Grant Award —January/February 2000 • Execute Grant Agreement (if successful) Recommendation: To adopt Resolution No. 9947, authorizing the submittal of a grant application to the Texas Parks and Wildlife Department for construction of the Brandonwood Neighborhood Park. Finance Review Source of Funds. Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other Foan°o1ntlp Department Head Signature � City an ger CITY COUNCIL ACTION M / Page 1 of RESOLUTION NO. 99-47 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTION FOR, AND ON BEHALF OF THE "APPLICANT' IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE PROGRAM", CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE, BRANDONWOOD NEIGHBORHOOD PARK SITE, FOR THE PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks and Wildlife Code)for the purpose of allowing the political subdivisions of the State of Texas to participate in the "Program"; and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning the "Program"; THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under the "Program". SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the "Applicant" hereby authorizes and directs the City Manager to act for the "Applicant" in dealing with the "Department" for the purpose of the "Program", and Mr. Larry J. Cunningham is hereby officially designated as the representative in this regard. SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the site to be known as Brandonwood Neighborhood Park for use as a park. That Brandonwood Neighborhood Park is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. PASSED AND APPROVED this the 12th day of July 1999. Charles Scoma, Mayor ATTEST: BY: Patricia Hutson, City Secretary Approved as to content: By:C Jim Browne, Director of Parks & Recreation Approved as to legal form: By: Rex McEntire, Attorney for the City o, ck� c [SHADY GROVE RDm 'I C as f rn _2 I ir7�i laiW "ST III CI u' 1111■ „ ■„■■II . -'_ MIFF IX LOSS CT ii a ,a . l — - fI in pirw ; • ■■■■1■1 :��-' S a,: J ,' NORTH TAP 4,1 .2 IIIIet.fto ,st lir tans r-I,V !-tddi tio, to if, ., 039. _ Lc. 4 0 IIIIIh•- mesons nee 6,,, . t....„„,,, omit sear -VW AO Proposed e0 0 Neighborhood Park \ii irw 44 ill Cg o ■ �'t1■ O 0` 4 • rn . J till # op r ir MI '.y.atti: _ ��sFy RD Ipi• ' — m ' IMO III t ;IM11MMMOO 11110 GREEN VJAL E-Y DR _MIIIOIL c ■ Its I r4 CITY OF NORTH RICHLAND HILLS Department Police Department Council Meeting Date 7/12/99 Subject Local Law Enforcement Block Grant-Public Hearing Agenda Number GN 99-64 On June 28, 1999 the City Council approved the City's Local Law Enforcement Block Grant application in the amount of$38,804 for the partial funding of two (2) vehicles for the School Resource Officers One of the requirements of the Grant is a public hearing regarding the proposed use of the payment under the Local Law Enforcement Block Grant Program GN 99-55 approved by the City Council on June 28, 1999 set this public hearing for July 12, 1999. Recommendation To conduct the required public hearing. Finance Review Source of Funds Account Number Bonds(GO/Rev ) Sufficient Funds Available Operating Budget Other Finance Director � r Department .''d Signature ity Manage Si! ature Page 1 of 1 CITY OF NORTH RICHLAND HILLS Department: Public Works Department Council Meeting Date. 7/12/99 Subject: Award Right-of-Way Acquisition Contracts for the Agenda Number PW 99-15 Rufe Snow Drive Widening Project (I.H. 820 to Mid-Cities Boulevard) The appraisal of right-of-way needed for the Rufe Snow Drive Widening Project (1.1-1. 820 to Mid-Cities Boulevard) is currently being conducted. A total of 50 parcels is required for the project and the completed appraisals will soon be delivered to staff. Proposals for right-of-way acquisition were requested from a total of seven independent contractors. After reviewing the project, only five contractors chose to submit proposals. The proposals were made assuming that more than one contractor would be selected and that each contractor would be responsible for acquiring 10 to 15 parcels. Staff feels that in order to acquire the right-of-way more quickly, the City should select three contractors to acquire 13 parcels each. The Public Works Right-of-Way Agent will acquire 11 parcels and supervise the contractors on their acquisitions. The proposals submitted are shown below: Company Per Parcel Fee Total Fee (13 parcels) Ponder Real Estate $500.00 $6,500.00 W.M. McClellan & Assoc. $550.00 $7,150.00 Ken Flower $340.00 $4,420.00 Con-Real, Inc. $1,020 00 $13,260.00 Pinnacle Consulting Group $1,250.00 $16,250.00 The estimated completion time to acquire the 50 parcels using three independent contractors is six to eight months. Construction for this project is scheduled to begin in Spring 2000. Each of the contractors submitting proposals have the qualifications and experience to complete this assignment The 1998/99 Capital Improvements Project Budget includes sufficient funds for this project. Recommendation To award right-of-way acquisition contracts to Ponder Real Estate, W.M. McClellan & Assoc., and Ken Flower for the amounts shown above. Finance Review Source of Funds. Account Number 20-02-01-6000;96-20-02-0001 Bonds (GO/Rev.) _ Sufficient Funds Available Operating Budget Other V�1,7 I ♦ , / (_c/ Finance Director De!;Ql -nt ead Signature / ri . Manager gn• ure Page 1 of a . ■ ill -J"t1 �1 ���de�en>s Street I 1_,Ausi , - 4 r ,,,,,s., 11.. Street improvements .a ,, ` �- 1¢d¢slriel Blvd H 'I "I 9 IIIA w e � Nl ib 5 AIM 1 0/ ■ '�i �I ° Lens DT I■1 a Project Location Loup —+� S __ I , / Meadow 6 Jlll ` t l\\gar a ini-rx . _ .. is- iiim 4A A '1'M M! L ea s ti r - tit , \ DnIn Dr O[to0<. 10, t995 I 61