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CC 2006-02-13 Agendas
. . . \ ~ CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, FEBRUARY 13,2006 5:15 P.M. A.1 Discuss Items from Regular City Council Meeting B.1 IR 2006-017 Discuss Rescheduling the March 13,2006 Council Meeting (5 Minutes) B.2 IR 2006-020 Update on Library Design (15 minutes) IR2006-021 Discuss 2006 Federal Legislative Program (Regular Agenda Item #F3 GN 2006-017) (10 Minutes) B.3 B.4 IR 2006-022 Open Meetings Training to Comply with Senate Bill 286 (1 hour) C.O EXECUTIVE SESSION The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. C.1 Executive Session. The City Council will consult in private with its Attorney pursuant to the provisions of Section 551.071, Texas Government Code to seek advice about settlement involving Charter Communications. D.O Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on February 10, 2006 at 10:30 a.m. @~dß~ City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. ~ . . . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, FEBRUARY 13, 2006 7:00 P.M. ---------------------------------------------------------------------------------------------------------------------------- A.O Call to Order - Mayor Trevino A.1 Invocation - Councilwoman Compton A.2 Pledge - Councilwoman Compton A.3 Special Presentation(s) and Recognition(s) Presentation of Proclamation - National Engineers Week A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 Removal of Item(s) from Consent Agenda B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of the Minutes of the January 23, 2006 City Council Meeting B.2 FP 2005-22 Consideration of a Request From Integer Development, Inc. to Approve the Final Plat of Parkwood Estates Addition (Located in the 8000 Block of Starnes Road - 4.102 acres). . . . FP 2005-29 Consideration of a Request From Phifer / Hogan Partners Ltd. to Approve the Final Plat of High Point Estates Addition (Located in the 8500 Block of Shady Grove Road - 5.99 acres). B.4 PW 2006-001 Approve Abandoning a 10 Foot Water Line Easement in the Graham Ranch Addition - Phases One and Two - Ordinance No. 2872 B.3 B.5 PW 2006-002 Approve City-Developer Agreement with K & G Partnership for Impact Fee Reimbursement for a 12-lnch Water Main located in College Hills Addition, Block 5, Lot 5 B.6 PW 2006-004 Approve Mechanics Lien Contract for Public Improvements for the Construction of Sidewalk, Curb and Gutter, and Drive Approaches for Taylor's Place, Block 1, Lots 1-4 - Resolution No. 2006-005 B.7 PU 2006-008 Award of Bid to Artographx in the Amount of $32,300 for the Construction of the North Davis City Entry Sign Project - Resolution No. 2006-011 B.8 PU 2006-009 Authorize Incandescent Bulb Replacement with Republic Electric through the Interlocal Purchasing Agreement with the City of Garland B.9 PU 2006-011 Award Bid for 2006-Year Model Dump Trucks to Henna Chevrolet in the Amount of $124,745 B.10 PU 2006-012 Award Bid for 2006-Year Model Vehicles to Lynn Smith Chevrolet in the Amount of $130,170 and Huffines Chevrolet in the Amount of $82,687.85 and Reject All Bids for the 2006-Year Model Tahoe B.11 PU 2006-013 Award Bid for Tractor/Loader/Backhoe to Landmark Equipment in the Amount of $51,394 B.12 GN 2006-016 Consider Rescheduling of March 13, 2006 Council Meeting C.O PUBLIC HEARINGS C.1 ZC 2005-20 Public Hearing and Consideration of a Request from North Four Partners, L.P. For a Zoning Change From "AG" Agricultural and "C-1" Commercial to "RI-PD" Residentiallnfill-Planned Development (Located at 7716 Davis Boulevard - 4.21 acres) - Ordinance No. 2873 C.2 ZC 2005-21 Public Hearing and Consideration of a Request from JB & JB Development FLP for a Zoning Change from "AG" Agricultural to "0-1" Office (Located at 8009 Precinct Line Road - .9 acres). Ordinance No. 2870 . . E.1 . C.3 ZC 2005-22 Public Hearing and Consideration of a Request From Cozy Water Properties, Inc. For a Zoning Change From "AG" Agricultural to "R-1" Single Family Residential (Located in the 6900 Block of Clift Street - 1.906 acres) - Ordinance No. 2871 D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2005-18 Consideration of a Request From Cozy Water Properties, Inc. to Approve the Final Plat of Lots 1-3, Block 1 Clift Addition (Located in the 6900 Block of Clift Street - 1.906 acres) D.2 SP 2005-09 Consideration of a Request From Sterling Properties, JV to Approve a Site Plan for a Retail/Office Development (Tower Plaza) (Located in the 8500 Block of Davis Boulevard - 3.69 acres). E.O PUBLIC WORKS PW 2006-003 Approve Engineering Agreement with Binkley & Barfield, Inc., in the amount of $60,000 for the design of Rufe Snow Drive (Loop 820 to Karen Drive) - Resolution No. 2006-010 F.O GENERAL ITEMS F.1 PU 2006-014 Award of Bid to AUI Contractors in the Amount of $1,096,200 for the Construction of the Catering Kitchen and Groups Pavilion Area at NRH20 - Resolution No. 2006-012 F.2 PU 2006-015 Approve Deduct Change Order #1 to the Construction Contract with AUI Contractors in the Amount of $239,086 - Resolution No. 2006-013 F.3 GN 2006-017 Consider 2006 Federal Legislative Program F.4 Action on Any Item Discussed in Executive Session listed on Work Session Agenda F.5 Information and Reports: IR 2006-019 Sounds of Spring Concert Series (Formerly Lotta Night Music) F.6 Information and Reports: Announcements . F. 7 Adjournment . e All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on February 10,2006 at 10:30 a.m. ~e1"á: lÝát3Ø\- City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-017 Date: February 13, 2006 Subject: Discuss Rescheduling March 13, 2006 Council Meeting Several City Council members will not be in the City for the March 13, 2006 City Council meeting. It is being recommended that the Council consider rescheduling the meeting to Monday, March 6. This item has been placed on the Work Session agenda for Council to reach a consensus on a date for the rescheduled March 13 meeting. An item has also been placed on the regular agenda for Council to formally reschedule the meeting. Respectfully Submitted, (;?¡J//ûCltÌ ~ Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 2006-020 ~ Date: January 13, 2006 T Subject: Update on Library Design The architectural firm of Brown Reynolds Watford (BRW), teamed with Barker Rinker Seacat (BRS), has been working since June 2005 to design a new library facility for North Richland Hills. The architects have conducted 4 major design work sessions with city staff, and have met several times with representatives of Planning and Inspections Department, Public Works, Support Services, and Information Services. As of this writing, the design process for the new library has reached approximately the 950/0 completion point for the design development phase, and the design team is ready to begin the work of preparing construction documents. The purpose of this IR and short briefing is to provide the City Council an update on the status of the design project. No action is required at this meeting. Architects Duane Crawmer of BRS and Craig Reynolds of BRW wil! make the presentation displaying the site plan, exterior elevations and the floor plans for the proposed two- story facility. Respectfully Submitted, Steve Brown Library Director ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS e - INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 2006-021 Date: February 13, 2006 Subject: Discuss 2006 Federal Legislative Program (Regular Agenda Item #F3 GN 2006-017) The purpose of this report is to provide you with information regarding our legislative priorities for the 2006 session of Congress. A draft of the 2006 Federal Legislative Program is attached to regular agenda item #F3 for your review. As in the past, we have used four guiding principles to determine positions on city related issues we expect will come forward during this session of Congress. These guiding principles are local control, a predictable and sufficient level of revenue to provide for our citizens, opposition to unfunded mandates, and quality of life. We expect the highest priorities this session to include: ~ Internet Sales Tax ~ Telecommunications and Information Technology ~ Transportation Issues ~ Community Development Block Grant Program Funding Issues ~ Justice Assistance Grant ~ Local Homeland Security Priorities ~ Public Safety and Collective Bargaining ~ Amusement Park Regulation ~ Immigration Reform ~ Water Infrastructure Financing I look forward to discussing this with you Monday. Respectfully Submitted, Karen Bostic Managing Director ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS INFORMAL REPORT TO MA VOR AND CITY COUNCIL No. IR 2006-022 .... Date: February 13, 2006 Subject: Open Meetings Training to Comply with Senate Bill 286 Senate Bill 286, which was passed by the 79th Texas Legislature, mandates that elected and appointed officials receive open government training. The City has provided training on Open Meetings and Open Records during Council Member Orientations, and training and continuing education on open government has also been made available to Council at various meetings and conferences hosted by the Texas Municipal League and Council of Governments. The new law which became effective January 1 requires that Council Members must now take two hours of open government training consisting of a one-hour educational course on the Open Meetings Act and one-hour educational course on the Texas Public Information Act. Accordi~g to the law, officials who are in office before January 1 , 2006 have one year to complete the required training. During the February 13th Work Session we will be showing Council a one-hour training video on Open Meetings. The video was produced by the Office of the Attorney General and meets the training requirements set forth by the law. A certificate of course completion will be issued after the training session. In compliance with the law, the City Secretary will maintain and make available for public inspection the certificates of course completion. We are planning to conduct the second part of this training on the Public Information Act at the February 23 Council meeting and will also be using a one-hour training video produced by the Office of the Attorney General. Respectfully Submitted, Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS "~': ,~:.:i :::-: 'ff. >,~~ .'~ :_, ~~;:./~.':,~~ ".,', """,~ "'..,.,,~ L ,:~,~,~:: ::.-,:~~ ~;,': "I "J 'ri , "ì .' p'ifÆ! 16 ,I '::,i '":·T".'" ;:':i ~,., ';';!li:,:: · . e e MINUTES OF THE PRE-COUNCil AND REGULAR MEETING OF THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST LOOP 820 - JANUARY 23, 2006 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 23rd day of January, 2006 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton David Whitson ~ancy Bielik Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Chris Swartz Richard Abernethy Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilman Councilwoman Present: City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Aquatic Manager Assistant to the City Manager Absent: JoAnn Johnson Councilwoman Call to Order Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss items from Regular January 23. 2006 City Council Meetina No items were discussed. 2. IR 2006-006 Presentation by the Youth Advisory Committee Mr. Abernethy advised the Youth Advisory Committee has been working to recruit new members and create a 2006 work. plan. The work plan is a schedule of events and activities that the committee will be involved in during the coming year. The committee members were present to update the Council. City Council Minutes January 23, 2006 Page 2 e The Youth Advisory Committee updated the Council on their work plan for Spring 2006. Ms. Paige Ammons, Youth Advisory Committee Chair, introduced the members of the committee. Mr. Justin Durko, Committee Member, and Ms. Sarah Shive, Vice Chair, presented the events and activities the committee has planned for the spring semester. The committee advised they would give a final report at the end of the spring semester. There were no questions from the Council. 3. IR 2006-007 Discu·ss Disposition of Grapevine Hiahwav Street Sians e Public Works Director Mike Curtis advised the old Grapevine Highway street signs had been removed and replaced with the new Boulevard 26 street signs. Staff has been approached by several individuals who have expressed an interest in obtaining the signs. Staff has identified three options for Council to consider and requests Council direction on how to handle the requests. Options identified are 1) Staff can keep all of the existing street signs and recycle the signs (typical process); 2) develop a procedure and process to auction the signs and use the proceeds from the auction to apply toward future Boulevard 26 improvements; and 3) auction the signs and use the proceeds possibly for a charitable cause. Mr. Curtis advised that the City of Richland Hills has decided to sell their signs for a nominal fee of $5.00 per sign. After a brief discussion by Council, the consensus was to sell the signs for $5.00 with the proceeds to be used for the Animal Shelter. Council also agreed that the businesses located on Boulevard 26 would be given first priority to purchase the signs and for Staff to send a letter to those businesses notifying them the signs are available with proceeds to go to the Animal Shelter. 4. IR 2006-008 Discuss Quad Cities July 4th Event Ms. Vickie Loftice, Parks and Recreation Director, discussed with Council the continuation of the QuadCities DFW 4th of July Celebration for 2006. The Cities of Haltom City and Richland Hills have indicated an interest in continuing the event in 2006. The City of Watauga has declined and the City of Bedford will resume producing their event. Staff supports the continuation of the event, but recommends that the QuadCities 4th of July Planning Committee rotate the planning efforts among the sponsoring cities. The Chamber of Commerce has said they are willing to take the lead role. Council was advised that the City has $8,000 funded for the event. The Committee will need to sell sponsorships to cover the loss of Bedford's sponsorship or reduce the amount and level of fireworks. Staff is seeking consensus from Council about participating in 2006. The consensus of the Council was to participate in the 2006 event. 5. IR 2006-011 Discuss Possible Modification to Section 78.142 of the North Richland Hills Code of Ordinances to Adiust Annual Sewer Charges for Residential Consumers e City Council Minutes January 23, 2006 Page 3 e Mr. Larry Koonce, Finance Director, advised that because of the drought conditions, staff and management has looked at the possibility of adjusting the winter quarter average for residential sewer customers to provide relief. The residential sewer winter quarter average established years ago averages the amount customers will pay for sewer from April through March. The winter quarter average is calculated during the winter months using consumption from December through February so the customer is not penalized for irrigation. Staff is recommending that for this year only the winter quarter average be frozen at the 2005 levels for all residential customers. An item is on the regular agenda for formal consideration by the Council. Mr. Koonce advised that Staff strongly advises against doing this except in extreme circumstances such as those conditions that exist this year. There were no questions from the Council. 6. Executive Session Mayor Trevino announced at 6:19 p.m. the Council would adjourn to Executive Session to discuss the following: a) Personnel Matters as Authorized by Section 551.074 of the Texas Government Code - City Secretary. 7. Adiournment Mayor Trevino announced at 6:24 p.m. that the Council would adjourn to the regular e Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order January 23, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton Nancy Bielik David Whitson Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilman e e e e City Council Minutes January 23, 2006 Page 4 Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Absent: JoAnn Johnson Councilwoman 2. INVOCATION Councilwoman Cox gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Cox led the pledge of allegiance. 4. SPECIAL PRESENTATIONS Proclamation - Vera Abbott Reddings's 102nd Birthday Councilwoman Compton presented to Vera Abbott Redding a proclamation in honor of her 102nd birthday and her contributions to the community. Presentation - United Way Campaign Ms. Adrien Pekurney, Campaign Chair, Mr. Jimmy Cates, Campaign Co-Chair, and Mayor Pro Tem Welch presented to Faye Beaulieu, Project Director with Northeast Tarrant County United Way, a check for the 2005 United Way campaign. Employees from the City raised $33,200 for the United Way of Northeast Tarrant County. Proclamation - Fort Worth Star Telegram 100th Anniversary - Fort Worth Star Telegram Representative Allison Crain Councilman Whitson presented a proclamation to Allison Crain, Fort Worth Star Telegram, in recognition of the 100th anniversary of the Fort Worth Star Telegram. City Council Minutes January 23, 2006 Page 5 e Haley Whatley - Bunny Campaign Ms. Haley Whatley presented the Council with a memento from her sixth annual bunny drive. Ms. Haley recognized Bunny Ambassadors from areas schools and churches and thanked the Mayor and Council for their continued support of her bunny drive. e e 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE JANUARY 09, 2006 COUNCIL MEETING B. RP 2005-05 CONTINUATION OF A REQUEST FROM STONE VILLAS JOINT VENTURE TO APPROVE THE REPLAT OF LOTS 1-13, BLOCK 18 STONY BROOKE ADDITION (LOCATED IN THE 8400 BLOCK OF HIGHTOWER DRIVE - 2.27 ACRES) (COUNCIL CONTINUED ITEM AT JANUARY 9,2006 MEETING) C. GN 2006-008 APPROVE CITY-DEVELOPER AGREEMENT WITH BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR IMPACT FEE REIMBURSEMENT ON WATER AND SANITARY SEWER LINES D. PAY 2006-001 APPROVE FINAL PAYMENT TO CRAIG OLDEN, INC. IN THE AMOUNT OF $39,595.20 FOR THE WALKER BRANCH CHANNEL IMPROVEMENTS PROJECT E. PU 2006-002 AUTHORIZE PURCHASE OF FIRE DEPARTMENT AMBULANCE FROM FRAZER, LTD. IN THE AMOUNT OF $130,353.00 F. PU 2006-004 AUTHORIZE THE UPGRADE OF SIGNVIEW AND PAVEMENTVIEW AND THE PURCHASE OF THE CARTEGRAPH WORKDIRECTOR, MAPDIRECTOR, AND CALLLlNK APPLICATIONS FROM CARTEGRAPH SYSTEMS IN THE AMOUNT OF $46,075 - RESOLUTION NO. 2006-009 City Council Minutes January 23, 2006 Page 6 . COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN BIEUK SECONDED THE MOTION. M.OTlON TO APPROVE CARRIED 6-0. 8. GN 2006-009 CONDUCT PUBLIC HEARING FOR 32ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mayor Trevino opened the public hearing. e The City of North Richland Hills was designated as a metropolitan city in 1996 to receive d.irect entitlement of Community Development (CDBG) funds. The City accepted the direct entitlement designation and entered into an agreement with Tarrant County for the administration of the City's CDBG program. HUD requires the City to submit projects for the 32nd Year Program by February 6, 2006. Because of Hurricanes Rita and 'Katrina, Congress has had to revisit the appropriation amount for CDBG. The City will not know the amount to be received until February. Tarrant County has estimated a 14% decrease from last year's amount and based on this estimate the City will receive approximately $320,608 from HUD as part of the 32nd year CDBG program. The funds are targeted to benefit low to moderate income persons. The funds are proposed to be used for the reconstruction of Jackie Lee Street from Glenview Drive to the Dead End (approximately 575 feet of an existing 31-foot wide residential street). Mr. Richard Abernethy, Assistant to the City Manager, presented the item and advised that a public hearing is required so that the City can receive comments and input on the proposed 32nd CDBG program. Following the public hearing, a resolution to approve the program is required. Mayor Trevino called for comments in favor or against the 32nd year CDBG program. There being no one wishing to speak, Mayor Trevino closed the public hearing. 9. GN 2006-010 APPROVE 32ND YEAR (2006/2007) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION NO. 2006-005 APPROVED Following public hearing, the City Council is required to take action on the projects to be included in the 32nd year CDBG entitlement program. Resolution No. 2006-05 establishes as the project for the 32nd year program the reconstruction of Jackie Lee Street from Glenview Drive to the Dead End. e City Council Minutes January 23, 2006 Page 7 . MAYOR PRO TEM WELCH MOVED TO APPROVE GN 2006-010, RESOLUTION No. 2006-005. COUNCILWOMAN BIEUK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 10. SP 2005-15 CONSIDERATION OF A REQUEST BY JOHNSON DIVERSIFIED ENTERPRISES, INC. TO APPROVE THE FINAL SITE PLAN OF LIBERTY VILLAGE RESIDENTIAL INFILL-PLANNED DEVELOPMENT (LOCATED IN THE 7700 BLOCK OF DAVIS BOULEVARD -7.513 ACRES) APPROVED Nature of request is for the approval of a final site plan and narrative for the Liberty Village Residential-Infill project. Applicant received approval last year of a concept plan and narrative for development of site. The final site plan is very similar to the approved concept plan. The primary difference is the moving of the entryway (from Davis Boulevard) southward to line up with Woods Lane (west of Davis Boulevard). As a result of moving the entryway, Lot 1, Block 3 is no longer proposed as a residential lot but will be utilized as landscaped open space with subdivision signage. An additional lot was added on the north side of the entryway keeping the number of proposed lots the same as that approved by the concept plan. The Planning & Zoning Commission e recommended approval of SP 2005-15 on January 5,2006. Mr. Ben Johnson, 1712 Oak Knoll Drive, Colleyville, applicant presented his request for a final site plan and was available for questions from Council. Mr. Johnson presented a letter to Council dated January 23, 2006 and addressed to Dave Green, as additional support information in response to the City's requirement for additional information and corrections to submittals for Final Site Plan and Final Plat (next agenda item). Mr. Johnson read the section of the letter containing the "Narrative". The "Narrative" consisted of the following bulleted items: . "The architectural theme for the neighborhood can best be described as "American Traditional", The typical pictures as shown in the Final Site Plan can be expected through the 41 lots of Liberty Village. . Enhanced roof pitch will be 8 to 12 (8" height for each 12" of horizontal measurement) minimum. . Shingle type will be 30 year guarantee (industry nomenclature). 30 year guaranteed were formerly known as 240 pound shingle. . Exterior building materials will be a combination of brick, stone, cast stone and siding. With at least 75% masonry as required in City of North Richland Hills Supplementary District Regulations Article 6. e . e e City Council Minutes January 23, 2006 Page 8 . Predicting value of sales price of homes to be constructed in the future requires qualifications beyond those that I possess. However, the final sales price of the lots would suggest home prices of $220,000 to $240,000. . The minimum home size will be 1 ,800 square feet of air conditioned living space. . All Common areas and Green areas of Liberty Village will have underground sprinkler systems. Additionally, each individual home will have an underground sprinkler system. The front yards will be maintained by the HOA. Fully . landscaped front yards are required, to include landscaping across entire front·of home. The landscape plan submitted requires two (2) trees per lot. Additionally, the platted private use easement requirements will allow side yard landscaping to be visible from the street. . The five (5) foot private use easement in conjunction with the five (5) foot building setback will yield ten (10) foot of usable side yard. The blank wall will allow privacy for the ten (1 0) foot total side yard. This layout will provide pleasing appearance, utilizable outdoor space, greater visible landscaping per dwelling . unit as well as enhanced life style for homeowners. This layout can be seen on the north side of Bridge Street in Hometown, North Richland Hills, Texas. . . All common areas and green areas will be maintained, mowed and watered by· the HOA. Additionally, all front yards will be mowed, trimmed and front beds· weeded by HOA." Mr. Dave Green, Chief Planner, presented the summary of case, the Planning & Zoning recommendation and Staff recommendations. Mr. Green advised Staff recommends approval based on changes outlined by the applicant and the inclusion of the narrative and the changes to the narrative outlined by applicant. COUNCILWOMAN COMPTON MOVED TO APPROVE SP 2005-015. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 11. FP 2005-25 CONSIDERATION OF A REQUEST BY JOHNSON DIVERSIFIED ENTERPRISES, INC. TO APPROVE THE FINAL PLAT OF LIBERTY VILLAGE ADDITION (LOCATED IN THE 7700 BLOCK OF DAVIS BOULEVARD -7.513 ACRES) APPROVED Nature of request is to consider approval of the final plat for Liberty Village Addition. The applicant is requesting a variance from the Subdivision Ordinance to provide a 5 foot utility easement instead of the required minimum 7.5 foot easement. The applicant has provided letters from the various utility providers that support the reduction and . e . City Council Minutes January 23, 2006 Page 9 based on the positive responses from the utility providers, staff supports the variance request. The Planning and Zoning Commission at their January 5, 2006 meeting recommended approval including the variances as requested and with the following . stipulations: 1) remove the "typical lot" graphic regarding. private use easements; 2) show all easement locations (private and public); and 3) revise the southern property line of Lot 7, Block 2 as requested by the applicant. Mr. Ben Johnson 1712 Oak Knoll Drive, Colleyville, applicant, presented request and was available to answer questions from the Council. Mr. Dave Green, Chief Planner, presented summary of case, the Planning & Zoning Commission actions, and staff recommendations. Mr. Green advised that staff recommends approval of plat including the reduction of the utility easements and subject to one revision in title block that was in handout presented to Council in previous item (revise title block to indicate 19 lots for BloCk 2). MAYOR PRO TEM WELCH MOVED TO APPROVE FP 2005-25 AS RECOMMENDED BY THE PLANNING & ZONING COMMISSION INCLUDING THE VARIANCES"REQUESTED. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 12. GN 2006-011 APPROVE INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR IMPLEMENTATION OF THE THOROUGHFARE ASSESSMENT PROGRAM (SIGNAL TIMING AND EQUIPMENT UPGRADES 2004) APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Last summer the North Central Texas Council of Governments (NCTCOG) had a Call for Projects for a program called Low-Cost Signal Improvements Program. Staff submitted 24 intersections for consideration. Eighteen of the intersections make up one of the City's Capital Improvements Projects titled Signal Timing and Equipment Upgrades 2004. NCTCOG approved all 24 locations for inclusion in the program. The interlocal agreement provides 1) that the project will be performed by a consultant procured by NCTCOG. The City only needs to provide its local match and coordinate with NCTCOG's consultant; and 2) The City will be responsible for its local match of any cost overruns. No cost overruns are anticipated, but if they should occur NCTCOG will require the City to pay 20% (the local match). COUNCILMAN LEWIS MOVED TO APPROVE GN 2006-011. COUNCILWOMAN COMPTON SECONDED THE MOTION. City Council Minutes January 23, 2006 Page 10 . MOTION TO APPROVE CARRIED 6-0. 13. GN 2006-015 CONSIDER ORDINANCE AMENDING SECTION 78-142 OF THE NORTH RICH LAND HILLS CODE OF ORDINANCES TO ADJUST ANNUAL SEWER FEES FOR RESIDENTIAL CONSUMERS - ORDINANCE NO. 2869 APPROVED Mr. Larry Koonce, Finance Director presented the item. The residential sewer winter quarter average was established years ago to properly bill the cost of sewer treatment by calculating water which actually enters the sewer system and not used for irrigation. This methodology averages ~ater usage for the winter months which is typically when residents irrigate the least and most fairly charges residential customers for cost of sewer treatment. In light of the current drought, staff has assessed the possibility of adjusting the winter quarter average for residential sewer customers. The winter quarter average establishes "the amount that residential customers will pay for sewer from April through March of the following year. Residential customers' bills are calculated using December through February or January through March bills. Staff is recommending that Council approve the amended ordinance which will freeze the e residential sewer winter quarter average at the 2005 level through March 2007. COUNCILWOMAN BIEUK MOVED TO APPROVE ORDINANCE No. 2869. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 14. GN 2006-012 RESOLUTION APPROVING THE FY 2006 SOLID WASTE IMPLEMENTATION PROJECT APPLICATIONS FOR RECYCLING AND COMMUNITY CLEANUP EVENTS - RESOLUTION NO. 2006-006 APPROVED Ms. JoAnn Stout, Director of Neighborhood Services, presented the item. The proposed resolution will authorize the filing of two projects applications with the North Central Texas Council of Governments for recycling projects and community cleanup events. The recycling application is asking for funding for a "Shred it Day" event, recycling bin wheels, educational stickers for each bin, funding to develop a recycling guide, visual reminders to recycle through the use of mobile display systems, and funding for school recycling projects, a "magician" to provide recycling education to 5 elementary school children and providing a recycling mascot to be used to bring the . e ~ City Council Minutes January 23, 2006 Page 11 message of recycling and litter prevention to school children. The community cleanup application will ask for complete funding for the City's two community clean up events currently funded through Trinity Waste Donation funds, funding for an additional 200 vouchers for the disposal of household hazardous waste events, funding for a tree chipper at community clean up events, funding for tire disposal at community clean up events, public awareness promotional items, funding for mailings, postage, printing, -advertising and signage and funding for the Keep Texas Beautiful Conference. Total . funds requested to implement the recycling and educational programs is $23,700 and the community cleanup events and public awareness programs is $28,635. NCTCOG may approve all, none or a portion of the applications and no local match of funds are needed for either of the applications. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2006-006, GN 2006-012. .COUNCILWOMAN COMPTON SECONDED THE MOTION. . MOTION TO APPROVE CARRIED 6-0. 15. GN 2006-013 APPROVAL OF NEW MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Mr. Richard Abernethy, Assistant to the City Manager, presented the Youth Advisory Committee's recommendation for the appointment of the following committee members: Danielle Hamilton, Richland High School, 1 year term; Keely Roberts, Birdville High School, 2 year term; and Matt Williams, Richland High School, 1 year term. C:OUNCILMAN WHITSON MOVED TO APPROVE GN 2006-013, APPROVING THE YOUTH ADVISORY COMMITTEE'S RECOMMENDATIONS FOR THE NEW COMMITTEE MEMBERS. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 16. PU 2006-003 AWARD OF CONTRACT TO FUNTRAPTIONS, INC. IN THE AMOUNT OF $89,000 FOR THE FABRICATION AND INSTALLATION OF NEW CHILDREN'S POOL FEATURE AT NRH20 FAMILY WATERPARK- RESOLUTION NO. 2006-007 APPROVED Item is to consider the approval of a contract for the fabrication and installation of a new children's pool feature to replace the AquaExpress locomotive feature in the children's . e . City Council Minutes January 23, 2006 Page 12 area. Proposals were received and evaluated by a selection committee. After evaluations, the committee negotiated a contract with Funtraptions, Inc. in the amount of $89,000. Mr. Chris Swartz, Aquatic Manager, presented the item and was available to answer questions from Council. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2006-007. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 17. GN 2006-014 CALLING MAY 13,2006 CITY COUNCIL ELECTION- RESOLUTION NO. 2006-008 NO ACTION TAKEN Ms. Patricia Hutson, City Secretary, recommended to the Council that action on calling the May 13, 2006 election be postponed. Tarrant County is considering calling a County Bond Election for May 13 and if the bond election is called, the City will be conducting a joint election with the County. A joint election will require the use of joint voting locations and election officials. The election information contained in Resolution No. 2006-08 would need to be revised for a joint election. Postponing the calling of the election will not affect candidate filing. Candidate filing for the city's election will still begin on February 11. COUNCILWOMAN BIEUK MOVED TO TAKE NO ACTION. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 18. INFORMATION AND REPORTS Mayor Pro Tern Welch made the following announcements: The NRH Recreation Center will host a Family Sweetheart Dance on February 4. Ages 3 to 15 and their parents are invited. For ticket information, please call the Recreation Center at 817-427-6600. Spaces are still available for the upcoming Winter Break day camp conducted at the NRH Recreation Center. The camp will be held February 27 through March 3. it e w City Council Minutes January 23, 2006 Page 13 Throughout the week, campers will enjoy games, sports, crafts, parks and a field trip. For more information, please call 817-427-6600. Mark your calendars for the 2006 SmartScape Garden Series. Sessions are ~cheduled at 7 p.m. on February 23, March 2 and March 9 at the North Richland Hills Public Library. Admission is free. For more information, please call Neighborhood Services at 817-427-6650. Kudos Korner - Phyl Baloga, Economic Development Department - An e-mail was received from a NRH business owner thanking Phyl for taking time to answer questions and provide information. The business owner said Phyl was very helpful and has helped him feel comfortable in NRH. 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:01 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Dave Green Council Meeting Date: 02-13-2006 Agenda No. B.2 Subject: FP 2005-22 Consideration of a Request From Integer Development, Inc. to Approve the Final Plat of Parkwood Estates Addition (Locàted in the 8000 Block of Starnes Road - 4.102 acres). Case Summary: The applicant, Integer Development Inc., is requesting approval of the Final Plat of Parkwood Estates Addition. This subdivision proposes 16 residentíal lots on a 4.102 acre tract in the 8000 Block of Starnes Road. Preliminary Plat Approval: A preliminary plat for this site (ref. PP 2004-04) was approved by the Planning and Zoning Commission in January of last year. Deed Restrictions: During the rezoning of this site in 2004 and in a subsequent rezoning case on adjacent property, (ref. ZC 2005-05 Smithfield Storage) the applicant publicly accepted responsibility for landscaping and screening the western boundary of this site from adjacent commercial uses. The plat reflects a 2.5 feet screening wall easement along the western boundary of the site. The applicant's deed restrictions will require landscaping along this same boundary as well. Current Zoning: The site was rezoned to "R-2" Single Family Residential in June of 2004 (ref. PZ 2004-09). Thoroughfare Plan: This property fronts on Starnes Road, a 2-lane, undivided, minor collector (C2U) with 60 feet Right of Way as shown on the plat. Starnes is an improved street. No additional ROW is required by this plat. Comprehensive Plan: With the approval of "R-2" zoning on this site, the Comprehensive Plan was revised to indicate low density residential uses. The proposed plat is consistent with the Plan as revised. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the preliminary plat approved by the Planning and Zoning Commission. Attached is a staff memo recommending that this final plat be placed on the Planning and Zoning Commission and City Council Agendas for consideration with the following stipulation: . Removal of the minimum finished floor elevations The attached plat has been revised to meet this stipulation. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on January 19, 2006 recommended approval of FP 2005- 22 by a vote of 7-0. . . . Recommendation: Approve FP 2005-22. Review Schedule: Application: 10/31/05 Final Hearing: 2/13/06 Total Review Time: 15 weeks* * Processing of this plat was delayed while waiting for a Letter of Map Revision (LOMR) from the Corp. of Engineers for a revised drainage plan. . Planning Map . N 'L ...-, tIÞ" ~" /t W ~"~~ ~...- E :', ~,... ,: S NRH FP 2005-22 Filial Plat Park\NOod Estates Actditioli Prepared by Planning 01/30106 ~ I IFeet o 200 400 800 1 .200 . . January 4, 2006 MEMO TO: Carolyn Huggins, Planning Coordinator FROM: Caroline Waggoner, Engineer Associate SUBJECT: Parkwood Estates; Lots 1-16, Block 1 Final Plat, FP2005-22 Public Works has reviewed the Final Plat submitted to this office on January 3, 2006. The following item must be corrected prior to submission of plat copies for the P&Z meeting: Remove the Minimum Finished Floor elevations from the plat (with the approval of the LOMR, these are no longer valid) We recommend placement on the next Planning and Zoning meeting agenda. We recommend placement on the next City Council Meeting Agenda following approval by the Planning and Zoning Commission. . cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director CLW/pwm2006-002 . . . . Excerpt from January 19, 2006 Planning & Zoning Commission Meeting FP 2005-22 CONSIDERATION OF A REQUEST FROM INTEGER DEVELOPMENT, INC TO APPROVE THE FINAL PLAT OF PARKWOOD ESTATES ADDITION (LOCATED IN THE 8000 BLOCK OF STARNES ROAD - 4.102 ACRES). APPROVED Dave Green presented FP 2005-22. This is the final plat for Parkwood Estates Addition. The preliminary plat was approved in January 2005. The applicant is proposing 16 lots for residential development. The final plat is consistent with the preliminary plat. Staff recommends approval of FP 2005-22. Mr. Schopper clarified that the screening wall between Smithfield Storage and this development will be the responsibility of the applicant. Chairman Davis stated that was agreed upon when this property was re-zoned. Bill Schopper, seconded by Brenda Cole, motioned to approve FP 2005-22. The motion was carried unanimously (7-0). . . . - ¡ ::. :.-~~ 1. L4PI I .. . ... $ ..... ..... . _ ...... _ 1. oIU. __..... _ ~ -.&. . ,....,......... .I. ~ , ..... ..... .. . ......-.... __ ___ ___ .._......_IIA-,.-__~L.a ... Ut ___ ..... ....." I' _ "A_"'_"'__~ .,....,......... & .. 1.... It. .. . AM ___ ....."... ... 1/a- -",., ..... ... _ ....... ____ .... ~. __ Z...., ~ .. .... en., ttÞ .....". .......... ...... T_ ~ ....nr..........) ;..::.-;¡-:: ~~ ~ ~ ~ ,........ ... Z....,.. ~ ....... -...p. ~ .... ¡¡:.....,.. ~ ==: =.. ar_~" ..:::.;:.: ::.. J;:;t ~ .:.. ~ ~ to ........ .... ........ ~ .. ...... ---- ..- Final Plat ¿p,9(! ..9" ".ç' $WTW1IU) S~ A.:X:Jn"Øt ~..~,~ ..,., ...:Þ~ ì__..i I "-nrff--" I _ , (J ,I,~J~~~~;~:~~:~~~~~~:=~::==-=~==f" w- v ~~~~-¡ ~IMIIUW ~ ~ ~fiOhS AU. t~ '1..fJIC'I 1U.&\'A1'O'f$ ......... " 1"-'", ..t.."IQ;, "II"""'. '"14F F'n&& F1 CQO P"......... IIIJ!IIÞ ....wc. p~ ~'__M MItVStD ~ t. ~ In' l..OWft.. CIUf!'I OF _ :;:..z=-:= :::~&:..~~-r:::.~.r=:..-.:.: ~:;.:._:Š=~=..i5. ::':.7;. ftÐC:I S .. ,.. r .. ........ .. ...... ... ., ___ ..... . ~ . 4".·0 -- .. . '- I/~· ... ... ... . ....-: ~ ~ ::':-.¡f :;. ~ :-.= - .. ~ ..... . --- ., ....,:.1 nøcI. S ., .. »- It . ....... ~ ...... ... __ . ..... sll'" .. .... .. .. .... 1- ., _ ~ ~ ...... .. . ..... ..... S _ »' œr ( . ..... rI ...., .... .. .. .... If ......... ... ......... .... __ rI .... __ _ ..... _. ~ IIiIØII' ,tU ... ... n-t.W. ~ rMII.T .... ~ .... ., ... ........ ... ........... .. .... ;:Z-€fu~,~~.E:: ....... ... ..... ... .... ...... .... t~ c--.. '-. .... .. _ cw 01 -_. auIIY 06 _ =~.::--.:-=:¿;.~- --~ QMIIt .... '" .we ..... IDL 01 OWIIS _ ... __ ., ......, ..... l1li ... ... _ ... ., t_ ...--- ......... .. ,.... \1.CIC ~ ... ,_ ....... c.a. .. ........ I .... ~ ...... ,.. -"....... ..... .... .... .... .... ,......... -- - ....... .. ..... ,.... .. .... .......... ......... ... .. --- .. --- .... .. -- - .. ... ....... ..... ,. - ..... .. - =-:--:* ~~ ':.. ..~~~~ 1-.. c...¡.. FINAL PLAT PARKWOOD ESTATES Block 1. Lot. 1 -16 .... ADOmOM '~~CITY~~ttICM.NG *LS, __ " 1MCf _ ...... Oft Ø' ftC _.A ..... ....... ..-....cT' ,.. ,...... CCUrft'f. -oc.. ............~.UrrIIÐ.--=-.tIØ!It~ .. ~~ ,eru,. "... '... ÞØD ~ ,.......... C4UWn. ~ ~~ m,~ ~ PL.""" ãã.-ë' .-. . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Dave Green Council Meeting Date: 02-13-2006 Agenda No.B.3 Subject: FP 2005-29 Consideration of a Request From Phifer / Hogan Partners Ltd. to Approve the Final Plat of High Point Estates Addition (Located in the 8500 Block of Shady Grove Road - 5.99 acres). Case Summary: The applicant, Phifer / Hogan Partners LP, is requesting approval of the Final Plat of High Point Estates Addition. This subdivision proposes 19 residential lots on a 5.99 acre tract in the 8500 Block of Shady Grove Road. Preliminary Plat Approval: A preliminary plat for this site (ref. PP 2005-19) was approved by the Planning and Zoning Commission in December of last year. Current Zoning: The site was rezoned to "R-2" Single Family Residential in November of last year (ref. ZC 2005-19). Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The plat is consistent with the plan. Thoroughfare Plan: The site has frontage on Shady Grove Road, a future 2-lane, undivided, collector street (C2U) with 60' ROW. The plat shows a ROW dedication of approximately 1 0 feet. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the preliminary plat approved by the Planning and Zoning Commission. Attached is a memo from the Public Works Department recommending this final plat be placed on the City Council Agenda for consideration: Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on January 19, 2006 recommended approval of FP 2005- 29 by a vote of 7-0 subject to the following stipulation: . The 1 0' strip of land between lots 12, 13, 14 & 15 and the city water tower site will be added to the plat. The attached plat incorporates this land as stipulated. Recommendation: Approve FP 2005-29. Review Schedule: Application: 12/19/05 Final Hearing: 2/13/06 Total Review Time: 8 weeks Planning Map . ':i1y of K eltet' . City of Kølle,' Ci1y of C ðl leyvi lie tlol1h Tar-r." p~ N W~.-(~~E ,< ~)( \: S NRH FP 2005-29 Fillal Plat Higll Point Estates Additioll Prepared by Planning 01130/06 ~Feet o 200 400 800 . . . . January 11 , 2006 MEMO TO: Carolyn Huggins, Planning Coordinator FROM: Caroline Waggoner, Engineer Associate SUBJECT: High Point Estates; Slock 1, Lots 1-21 Final Plat; FP 2005-29 Public Works has reviewed the Final Plat submitted to this office on January 11 , 2006. We recommend placement on the next Planning and Zoning Commission meeting agenda. The applicant is aware that street escrow funds are to be paid prior to placement of this item on the appropriate City Council agenda, following approval by the Planning and Zoning Commission. cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director CLW /pwm2006-013 Excerpt from the January 19, 2006 Planning and Zoning Commission Minutes . FP 2005-29 CONSIDERATION OF A REQUEST FROM PHIFER/HOGAN PARTNERS LTD. TO APPROVE THE FINAL PLAT OF HIGH POINT ESTATES ADDITION (LOCATED IN THE 8500 BLOCK OF SHADY GROVE ROAD - 5.99 ACRES). APPROVED Dave Green presented FP 2005-29. This is the final plat of High Point Estates Addition. The preliminary was approved in December 2005. The final is consistent with the preliminary plat. Staff recommends approval of FP 2005-29. Chairman Davis added that there has been an addition of a 10-ft. wide strip along the eastern portion of Lots 12, 13, 14, and 15. Whoever makes the motion needs to include that portion be added to those lots prior to going to City Council. This does not affect drainage or lot layouts. This was a recent transaction made by Mr. Phifer that allowed him to acquire that land between this property and the City water tower. Ken Sapp, seconded by Randy Shiflet, motioned to approve FP 2005-29 with the stipulation of the addition of the 10-ft. wide strip adjacent to the North Richland . Hills water tower property. The motion carried unanimously (7-0). . . ,it· ':1' ;)) !o.: ~~; ·Ii ~~ X .ji.. oj; :.;\ . . Final Plat -+ ~ ~~ ~j SI U ~, '~I .~ '-"- CIM\.,.... Uf CX,M'fUI:!"Ut ",...ut aMWM.........,.,.,,., 41f1Q"""nJ' ø.IIIIIIIU'''- "'1.. ..,..,...;.. '4 fIC::II~.......................1IMI ~ '.) _WI;....Ø tNIIi~""''''''''' ....~~,...,.._....., 1't-l I'M 1 lINt, C)f ,... ..... '0 ....... ...........-.:,...,........l1l4I\.....,. _...,............. ....,...........~~ ., "II,tt.·.... .............~UftJ"'......,.. .......... 'PMI~fICIIt ....- .........,...,.....',...141, "D 1.11.... It .......--..................... ........ ....1Ir.'. ""ði r.e _ ,... .......... Pat..............,.. ..... tI ". ~Ka"'~"...,....1 ........ ....-.-w.IIfM..._..... OW!Of"'''''''JC.UfT ~~~~'E:=:~I:,. ..,.Q'7.,~ Fo\." .111-:.1~: CONTACT DON PIV!It ,:10lOI:"&'- WILl'! l:JiI(ilHI'11RING. INC. .., A.lUCWf I'UII'IIA". r.'1B. ':'0 NOII'nt.1QII..U Ð Mus. 11!XU :'II" 111.~ fAX ·111.:....". CONT/ICr TN 'UCH _..______....Cb.._ :::::'=..:::!~~ -.----=" _..co"_",,,"co,,oI___ _ :.-:::~~.~~~.... .-..... ~.......äõõõ.e~.__. -;~¡¡¡¡¡-¡¡¡¡¡;¡¡;¡¡;¡¡-- ;¡¡,¡¡¡¡¡;¡'¡¡O¡¡;;'......;¡,;;ž-.~ ~""-- -~_..~...-_....._-""'"""--- ~.~...~ ,.,..."".......... t.. .......... 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Department: Public Works Presented by: Mike Curtis Council Meeting Date:02-13-2006 Agenda No.B.4 Subject: PW 2006-001 Approve Abandoning a 10 Foot Water Line Easement in the Graham Ranch Addition - Phases One and Two - Ordinance No. 2872 The final plat for the Graham Ranch Addition - Phase One was approved by the City Council on September 12, 2005 (FP 2005-16) and the final plat for the Graham Ranch Addition - Phase Two was approved by the City Council on November 10, 2003 (PS 2003-43). Currently, the developer, Graham Ranch Partners, Ltd., is in the process of closing on the property. The developer's title company has discovered a 10-foot water line easement that was originally dedicated to the Tarrant Utility Company and subsequently assigned to the City. This 10-foot water line easement conflicts with the lot layout on the approved final plat and the proposed public infrastructure layout within Graham Ranch - Phases One and Two. The water line within this easement has not been used in years and it is no longer needed or necessary to the Public Works Department. In order for Graham Ranch Partners to proceed with their closing and be able to develop Graham Ranch in the manner that has been previously approved, this 10-foot water line easement needs to be officially abandoned and discontinued. Ordinance No. 2872 accomplishes this step. Recommendation: To approve Ordinance No. 2872. t · , J " .NI~H ORDINANCE NO. 2872 AN ORDINANCE ABANDONING A WATER liNE EASEMENT ON PROPERTY LOCATED IN GRAHAM RANCH PHASES ONE AND TWO, IN THE CITY OF NORTH RICH LAND HILLS. WHEREAS, the City no longer requires the water line easement originally created by a conveyance to Tarrant Utilities in an instrument recorded in Volume 3265, Page 17, Deed Records, Tarrant County, Texas and subsequently assigned to the city, which easement is depicted on Exhibit "A" hereto; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1 : THAT the ten foot (1 0') wide water line easement located within the Graham Ranch Addition, Phases One and Two, North Richland Hills, Tarrant County, Texas, which easement is described in an instrument recorded in Volume 3265, Page 17, Deed Records, Tarrant County, Texas and depicted on Exhibit "A" hereto is hereby abandoned and discontinued. . AND IT IS SO ORDAINED. PASSED AND APPROVED this 13th day of February, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: George A. Staples, Attorney Approved as to content: . Mike Curtis, Public Works Director . I . . . LECENO: U.P. - UT1UTY POLE QA - 01.11' ANCHOR F.H. - ARE H'I'DfWO' W.V. - WAlIR VAlVE T.P. - TEl.EPHONE PEDESTAL - E - - (MRHOO UT1UTV UNE -)(- - FEHŒ , fQJ'J' TO 8C6I& 8IU.. Y J. QfWW,I ERfIjESTINE GIWWI VDL.UW£ 4204, PAGE 11 e (RDoWHDER 37.001 /oCRES) COURSE BEARING DISTANCE l-1 Sft"3J'4rw L-2 NOCT1a'13'"W L-3 NM'J3'47-r l-4 Sft"3J'4rw L-5 SM"3J'4T'W L-6 NOCT26'U'"W L-7 Nn'J3'<48-r L-8 NOCT2e'13'"W L-rI NlWM'2JI-r L-10 SM'#'2ISL L-11 N8e'34'12-r ,. 1M ~ tract Ie 0 portion d that land gran*' In bIonI* ~ ....-nHte to LDM Star Qo. and ..-elect ìn YohImI 22!1O, Pave 212 and Volume 2213, Pave 350. Th. portlal ...... of ~ ~ In Volume 5373, Pave teJ and Volume Trl2., Pave 1103 rntrIcb tNt.Mment. No port of tM ...ment that Is rwnainl"9 aftM the restriction í. port of the .u1WyeCl tract. 2. The welt« One ea.ment vront*I to Tomant utJI/1)' CcIm9anY rwcotMd In Yolume 32ð.5, Poge 1 7, aeeiqrMMI to 1M City of North ItIchland HIh in Volume S 43, Page J9 and incIudM in a dMd of partition tWGOI'CMd in Volume 5143, Pov- 51 is port of h MI~ tract and . ...." on ttle ...-y. J. The Tøa. EIec:tric: SaMe. CampaIIy ~tI recardtld in VaIume 4267, Pave 47' and Vviume 7%32, Pa9. 1311 Go not vffeçt U. 8U~ troc:t. 4. The st."" .,.,. 0raIn0te t.wnn A9~ rwoonMd in Volume "114', Page ~ oftec" the IUfW)'ed tract and . lhoW~ on 1M IMIFWy, 5. The Dto1nc19' ED..nwnt ~ rwcorded in Vvturne 1 J07i, fIoge 3a offecte the ~ tract and .. ehawn on the ~. ".29' 50,00' 10.00' 3.0:5' 10.00' 50.00' 16.81' 115.1" 80.19' 19.7e' 48.68' ~ ........ 1GAM: ~'.. MIl[ tI 18....- -.&M '.... NIl( _ ,U1J) ... LID ..-. .... 1_ ... .. ~J7 ... CHAPMAN UIQIIInII fIF ........... ~ ~ WIUM '-' f¥G( Ja NOTE: THE Fl()()OWl.Y EÞSÐIENT SHOWN WAS CRANTED TO RANCW.l."S PROf'ERTIES. INC. IN VOL.LIVE 11141, PAGE 875 AND TO WCJ RUFE SNOW, 14, LTD. AND UNCOIJIC HIGHTOWER. LTD. IN VOLUME 1.10n, PAGE.129. THESE £ASEWENTS ALSO CALL. FOR THE BERM RUNNlNÇ ON THE SUIM:YED PROPERTY ON ~E NORTH SIDE Of RDlFlEtD SU8DMSION N4D ALONG '" POR11OH OF' 'I1iE EAST SIDE OF RICHFIElD SUBOM~ TO BE BUILT TO CERT"'N SPrcIFlCATIONS. UNLESS NOTED OTHERWtSE AU. CORNERS ME 5/8· IRONS WITH CAPS SET. THE ~IS Of B£ARtNG WAS D£R~ (J1 HOl.DIHC THr CfTY PUBLISHED VALUES FOR cnY Of" NORTH RIOflNo,ID HIlLS MOHUWENTS 4 AND 22.. THIS RESULTS IN A GRID BEARING (T[XAS NORTH comw. ZONE. HAD 63). EXHIBIT ' A' '" Y' CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 02-13-2006 Agenda No. B.? Subject: PU 2006-008 Award of Bid to Artographx in the Amount of $32,300 for the Construction of the North Davis City Entry Sign Project - Resolution No. 2006-011 The approved Parks and Recreation Facilities Development Capital Improvement Program includes funding for the design and construction of a City Entry Monument Sign located at the north city limits on the east side of Davis Boulevard. The monument sign is designed to provide a sign panel announcing the name of the City, with stone masonry construction similar to other existing monument signs located at other entry portals around the City. Three bids were received on January 24, 2006 as follows: Bidder Artographx Hardscape Construction Pratt Construction Bid Items 1-4 $32,300 $39,600 Non-Responsive The bid received by Pratt Construction was considered "non-responsive" because they submitted a bid amount for the metal sign portion only. The lowest bidder is Artographx, with a total bid of $32,300. Artographx is a Dallas based sign fabrication company and was the general contractor for all of the other City entry signs with the exception of the sign at North Tarrant Parkway and Precinct Line. The approved project budget amount is $45,000. After engineering services, the available funding for construction of the sign is $40,394. Artographx's bid is in the amount of $32,300. A portion of the remaining funds will be used for water meter tap installation and impact fees. According to the proposed contract, the construction of the sign will be complete approximately 75 calendar days after the Notice to Proceed is issued by the City. Recommendation: To approve Resolution No. 2006-011. f NRH e RESOLUTION NO. 2006-011 THAT the City Manager is hereby authorized to êxecute a contract with Artographx for the fabrication and installation of a City Entry Sign, as the act and deed of the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HillS, TEXAS THAT: PASSED AND APPROVED THIS 13th OF February, 2006. ATTEST: CITY OF NORTH RICH LAND HILLS: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND lEGALITY: e George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Lattice Director of Parks and Recreation - . . . CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: Larry Koonce Council Meeting Oate:02-13-2006 Agenda No.B.B . Subject: PU 2006-009 Authorize Incandes~ent Bulb Replacement with Republic Electric through the Interlocal Purchasing Agreement with the City of Garland In the 2005/06 CIP budget, Council allocated funds for the replacement of approximately 1 ,672 incandescent traffic signal indicators with energy-efficient LED lamps. This represents approximately 50% of all the traffic signals in the city. The city will realize significant financial, maintenance and environmental benefits as a result of this replacement. At the July 22, 2002 meeting, Council authorized an interlocal purchasing agreement with the City of Garland. The City of Garland has bid and awarded a contract to Republic Electric for replacement of incandescent bulbs with energy efficient LED bulbs. Republic Electric will furnish and install TEXDOT approved LED bulbs, remove and dispose of existing incandescent bulbs and perform traffic control during installation. The cost for the city to participate in this contract will not exceed $150,000. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any State law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City as well as save Staff time. Recommendation: Approve PU 2006-009 to Authorize Incandescent Bulb Replacement with Republic Electric not to exceed $150,000 through the Interlocal Purchasing Agreement with the City of Garland. Ja CITY OF NORTH RICHLAND HILLS . Oepartment:Finance Presented by: Larry Koonce Council Meeting Oate:02-13-2006 Agenda No.B.9 Subject: PU 2006-011 Award Bid for 2006-Year Model Dump Trucks to Henna Chevrolet in the Amount of $124,745 In the 2005/06 CIP budget, Council appropriated funds for the replacement of two dump trucks. Formal bids were solicited for one single axle truck and one tandem dump truck and the results are outlined below. Single Axle Truck Tandem Truck Total Henna Chevrolet Graff Chevrolet Bankston Chevrolet Fort Worth Freightliner Fontaine Truck $57 367 $58,901 $58,936 $60,992 $33,571 $67,378 $124,745 $68,652 $127,553 $75,715 $134,651 No Bid $ 60,992 (incomplete bid) . The bid submitted by Fontaine Truck is incomplete because the bid is for the dump bodies only. Fort Worth Freightliner only submitted a bid for the single axle truck. The bid submitted by Henna Chevrolet met the specifications and general conditions of the bid and can deliver the trucks in 130 days. The Henna Chevrolet bid amount of . $124,745 is within the budgeted amount of $150,000 for this equipment. The equipment services fund will be reimbursed from proceeds from the Certificate of Obligation sale scheduled for the spring of this year. Council approved the reimbursement resolution on which this was included in November of 2005. The dump trucks are replacing 1990 models that meet the age and replacement criteria. Both trucks will be assigned to the Utility ~ivision of Public Works. Recommendation: Approve PU 2006-011 to award the bid for two 2006-year model dump trucks to Henna Chevrolet in the amount of $124,745. . . . . 2006 Year-Model Dump Trucks Bid #06-1282 Single Axle Tandem Bidder Truck Truck Total Delivery Henna Chevrolet $57,367 $67,378 $124,745 130 days Graff Chevrolet $58,901 $68,652 $127,553 180 days Bankston Chevrolet $58,936 $75,715 $134,651 180 days Incomplete Ft. Worth Freightliner $60,992 No Bid $60,992 180 days Bid Not Incomplete Fontaine Truck $15,732 $17,839 $33,571 Provided bodies only CITY OF NORTH RICHLAND HILLS . Department: Finance Presented by: Larry Koonce Council Meeting Date:02-13-2006 Agenda No.B.1 0 Subject: PU 2006-012 Award Bid for 2006-Year Model Vehicles to Lynn Smith Chevrolet in the Amount of $130,170 and Huffines Chevrolet in the Amount of $82,687.85 and Reject All Bids for the 2006- Year Model Tahoe The 2005/06 adopted budget includes $311 ,545 for the purchase of 11 replacement vehicles. In addition to the cost of the vehicles, the budgeted amount includes the cost for all the accessories associated with the vehicles such as tool boxes, light bars, radios, etc. Bids were solicited for the 11 budgeted vehicles. This coversheet recommends replacement of 10 vehicles and rejection of the bids on the 11 tho The vehicles included in this coversheet are six replacement vehicles are for the Police Department (5 police package and 1 truck) and four for the Utility Division of Public Works. The bid specifications were written in such a way that the City had the option to purchase all vehicles from one vendor or to purchase from various vendors in order to achieve the greatest savings. The attached bid tabulation explains which types and quantities of vehicles were awarded to each vendor, and indicates which bids did not meet specifications. The lowest bidders meeting specifications are: . Lynn Smith Chevrolet Huffines Chevrolet $130,170.00 $ 82,687.85 The bids submitted by Lynn Smith Chevrolet met the specifications for the police vehicles. Huffines Chevrolet did not meet the minimum specifications for the Impala Police package vehicles since they did not offer the custom paint colors to match the existing Police patrol vehicles, passenger side air bag switch, roof rail air bag switch, anti-theft device, auxiliary rear tray and skid plate. But, Huffines Chevrolet did meet the minimum specifications on the pickups. All bids are within the allocated budget and can be delivered in 75 to 90 days depending on the model. Also included in the bid specifications was a 2006-year model Tahoe for the Fire Department. All bids submitted for the Tahoe did not meet the minimum specifications. Staff is recommending all bids submitted for the Tahoe be rejected, the specifications revised and re-bid the Tahoe as a 2007-year model vehicle. 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Q) ::J :,;::;ou..êi3êi)~ ~g"O~ è 1: C Q)E CD::J 0 C ::J ..c: CDQ)~ Eë3 ccuë3en »~o""c ....ucæ ''ã3 .f; ü co::; 0 "0 ::; "Cc.... cOQ)ci)o"O . - 0 en en c ro Cl) c c o .... c Cl) Q) - 0'> C ro '+-°enoogsc..roogsQ.) c c . - "0 "0 0 "C .::t::. co.... o~~~cu"O~~o"O~ :æ . S:2 . S:2 . S:2 ëü Q) (f) c..:æ Q) c.. o ~ ~ ~ c...~ "C ~ 0 .g ~ Z»>.Ëa..æCDZD...Cf.) ~~~î~~ E§:ê: ,-' CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: Larry Koonce Council Meeting Date:02-13-2006 Agenda No.B.11 Subject: PU 2006-013 Award Bid for Tractor/Loader/Backhoe to Landmark Equipment in the Amount of $51,394 In the 2005/06 CIP budget, Council appropriated funds for the replacement of a 1994 tractor/loader backhoe that meets the age and replacement criteria. The new equipment will be used by the Utility Division of Public Works. Formal bids were solicited and the results are outlined below. Landmark Equipment Continental Equipment Future Equipment Holt Cat RDO Equipment $51 ,394 $54,990 $62, 112 $68,489 $68,672 All the bid prices include a trade-in allowance for the old equipment. The bid price submitted by Landmark Equipment includes a trade-in amount of $13,500 for the 1994 Case. The bid subm'itted by Landmark Equipment met the specifications and general conditions of the bid and the equipment can be delivered in 150 days. The Landmark Equipment bid amount of $51,394 is within the budgeted amount of $77,000 for this equipment. This equipment will be purchased from the Equipment Services Fund. The Equipment Services Fund will be reimbursed from proceeds from the Certificate of Obligation sale scheduled for the spring of this year. Council approved the reimbursement resolution on which this was included in November of 2005. Recommendation: Approve PU 2006-013 to award the bid for a tractor/loader backhoe to Landmark Equipment in the amount of $51 ,394. ... Tractor/Loader/Backhoe e Bid #06-1281 Brand Trade-in Bidder Quoted Amount Amount Total Delive Landmark E ui ment New Holland $64,894 $13,500 $51 ,394 150 da s Continental Komatsu $69,990 $15,000 $54,990 120 days E ui ment Future E ui ment Case $74,112 $12,000 $62,112 120 da s Holt Cat Holt Cat $81,989 $13,500 $68,489 120 da s RDO E ui ment John Deere $80,672 $12,000 $68,672 60 da s e e CITY OF NORTH RICHLAND HILLS Department:City Secretary Presented by: Patricia Hutson Council Meeting Date:02-13-2006 Agenda No.B.12 Subject: GN 2006-016 Consider Rescheduling of March 13, 2006 Council Meeting There will not be a quorum of City Council members in the City for the March 13, 2006 City Council meeting. Staff is recommending that the Council consider rescheduling the meeting to Monday, March 6. This item will be discussed during the work session for a consensus on a date to reschedule the meeting, followed by an action item during the regular meeting to formally reschedule the meeting. Recommendation: To approve GN 2006-016 to reschedule the March 13,2006 Council meeting to March 6, 2006. . . CITY OF NORTH RICHLAND HILLS Department:Public Works Presented by: Mike Curtis Council Meeting Date:02-13-2006 Agenda No.8.S Subject: PW 2006-002 Approve City-Developer Agreement with K & G Partnership for Impact Fee Reimbursement for a 12-lnch Water Main located in College Hills Addition, Block 5, Lot 5 K & G Partnership (developer) of the College Hills Addition, Block B, Lot 5 has installed the public water mains which will serve this Jot. One of these public water mains, a 12- inch water main along Holiday Lane is included in the Water and Wastewater Impact Fee Study dated January 4, 2005 by Freese and Nichols, Inc. and approved by the City Council on March 28, 2005. This 12-inch water main is identified as "Proposed Project No.4" in the Impact Fee Study. These improvements, as outlined in the study, were eligible for reimbursement based on a maximum total construction cost of $26,400.00 (prorated to reflect the actual length of pipe installed by the developer), and a subsequent maximum reimbursement value of $10,560.00. The developer has submitted a total construction cost of $18,747.74, of which $7,499.1 0 is eligible for reimbursement. In accordance with the Impact Fee Ordinance (No. 2826) and upon the City Council's approval of the City-Developer Agreement for the College Hills Addition, Block B, Lot 5, the developer will receive reimbursement upon completion and acceptance of the public improvements. The final reimbursement amount shall not exceed the maximum eligible reimbursement amount of $10,560.00. Recommendation: To approve the City-Developer Agreement with K & G Partnership for Impact Fee reimbursement on a 12-inch water main in an amount not to exceed $10,560.00. . . . CITY OF NORTH RICHLAND HILLS CITY-DEVELOPER AGREEMENT STATE OF TEXAS § § COUNTYOFTARRANT § KNOW ALL MEN BY THESE PRESENTS THAT K&G Partnership, of the County of Tarrant, State of Texas (hereinafter "Developer"), and the City of North Richland Hills, Tarrant County, Texas (hereinafter "City"), enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "College Hills Addition; Block B, Lot 5" (2005) the Developer and the City hereto agree: 1 . The Developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The Contractor has provided to the City on City forms, maintenance bonds in the amount of twenty (200/0) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: . . . In accordance with Ordinance No. 2826, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed public improvements. The City shall only reimburse the Developer the amount agreed upon below, after construction of the improvements have been completed and accepted by the City. If the actual amount paid to the Contractor is less than the bid amount, the City participation will be reduced accordingly. Eligible Maximum Calculated Construction Eligible Reimbursement Developer's Reimbursement Facilities Cost Percentage Amount Cost Amount Proposed Project #4 $26,400.00 40.0% $10,560.00 $18,747.74 $7,499.10 (Impact Fee Study) TOTAL MAXIMUM REIMBURSEMENT = $10,560.00 7. The City will provide the inspection as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify and hold harmless the City, its officers, agents, and employees from all suits, actions, or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, his contractor, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills, Texas. . . . This Agreement was approved in its entirety at the meeting of the City Council of the City of North Richland Hills on the _ day of , 2006, by a majority vote of the Council. By: By: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director K&G Partnership Mo Kaeini, Owner CITY OF NORTH RICH LAND HILLS Oscar Trevino, Mayor . . . ~ . " '" '<" "''Y/i<'',·'·~<. . .,...¡~ \ ' ==1.,..... ........;.... l.:.;;....... Z """'./ / ^. "''---.1 __"';1 '.(, \ , ... . 'It _.., _,. . '-, f ( " ¡-...... ,,~ .... ~" '. .'... . '. , I::J ..... -- . '",.' · -- '-. · J -',:,' ,/ ..::....... '! --.. l~dJ I \ "."0 ¡-"'" ~l"'''''', .ì~·f' /:'!i, '" I J /" "':"~' $;:." ¡-. . ¡ i " . ~ .. ,/ ~'" -.~~~ 1':~ ,/ -Lt:-. ~ I ,_IT''r---i;¡ "'~"C' -'"JH- '" .' À,' ,......,~/ "" I... ~ I 4 '\ I ,.. "-" '~';' / ( ! ~"_'~ _ ''<',.(.// ,. /'~ .....·1G';;J / -1 , : I : I I '-...{ / .I ! I ". -¡ 'I "'L;' ""I...-.J..~ " , 1---.1! L MID CITIES BLVD -. . ~1 " ~ ~ /'" .,J-- /,' ".,-. ".. ,/ -' " ../ /~ ~/'~ ' / . .,...--/ . '=' ";) '" HOLIDAY LANE ~ '/ .~ /.....:.~." PROPOSED 440 L.F. \. ,//;~:;'_' OF 1210 WATER MAIN '\-'> .... /' . /' // /../, /> /; / ..-/' I , /' ¡ / .,.~........ /~ I '. .......... J I .~ \. /......... / I , .' -,....., ":i .... / .l'.....~. ,I /~' i. · I Ì"~ '. . . I............. ., .---.. 1--<\./ .I J ¡ ~ J ~ --, ....i ,. , ¡." I ....~ G;;~: ¡ / :' ~b')o. / I I" C"v / J......... I ~, ()b ..."r' ,I ;1 ;~~: ,I .......¡......... /í/ '1'/¡'~ ~ ~ I (/ ''-....--J ~//. ~~ .. .... ~-......., J. 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"'.....f't~ CITY OF NORTH RICHLAND HILLS Department:Public Works Presented by: Mike Curtis Council Meeting Date:02-13-2006 Agenda NO.B.6 Subject: PW 2006-004 Approve Mechanics Lien Contract for Public Improvements for the Construction of Sidewalk, Curb and Gutter, and Drive Approaches for Taylor's Place, Block 1, Lots 1-4 - Resolution No. 2006-005 At the City Council Meeting of May 9, 2005, the City Council approved Agenda Item FP2005-06 for the Final Plat of Lots 1-4, Block 1, Taylor's Place, a residential development along Kirk Lane (north of Rumfield Road) as shown on the attached map. The developers/owners have requested to pay for the sidewalk, curb and gutter, and drive approaches at a date in the future. The City Attorney has prepared a Mechanic's Lien Contract for these public improvements, which was signed by the developers/owners of Lots 1-4, Block 1, Taylor's Place. This Mechanic's Lien Contract requires the developers/owners to pay for these public improvements within 120 days of issuance of the first building permit or within 12 months from the execution date of the contract, whichever date comes first. Recommendation: To approve Resolution No. 2006-005. . . . MECHANIC'S LIEN CONTRACT FOR PUBLIC IMPROVEMENTS STATE OF TEXAS § § COUNTY OF TARRANT § This contract is made by and between Ricardo Figueroa and Cristi Figueroa, herein styled "Owners," and the City of North Richland Hills, Texas, herein styled "City," for the purpose of documenting the terms and conditions under which City will construct curb and gutter, sidewalk, and drive approaches along Kirk Lane adjacent to Owners' property, at Owners' expense, and Owners grant a mechanic's lien to the City securing payment of such expenses. Such contract is made in order to relieve Owners of the immediate obligation under the City's subdivision ordinance requirements to construct such improvements as a condition of developing Owners' property. FOR AND IN CONSIDERATION of the mutual covenants herein set forth, Owners and City agree as follows: 1. Owners agree to pay the City $13, 165.83 for the cost of labor and materials required to construct the curb and gutter, sidewalk, and drive approaches along Kirk Lane in the right-of-way adjacent to Owners' property known and described as Lots 1-4, Block 1, Taylor's Place, an addition of the City of North Richland Hills, Tarrant County, Texas. The payment is due to the City within 120 days after issuance of the first building permit, or twelve months from the execution date of the contract, whichever date comes first. If not paid within the specified time period the City shall be entitled to accrue interest on such stated sum at the rate of 8% per annum, and the City shall be entitled to its reasonable attorneys fees and costs of collection. 2. Owners grant City a lien against their property described in 1. hereof to secure . . . payment of all sums due City under this agreement. 4. This agreement and these covenants shall run with and be binding on successors in title to the said Lots 1-4, Block 1 , Taylor's Place of the City of North Richland Hills, Tarrant County, Texas. AGREED this _ day of ,20_. OWNERS: Ricardo Figueroa Cristi Figueroa Owners' Mailing Address: 8800 Kirk Lane North Richland Hills, Texas 76180 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Ricardo Figueroa and Cristi Figueroa, known to me to be the persons whose names are subscribed to the foregoing instrument, who acknowledged to me that they executed the same for the purposes therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 20_. Notary Public in and for The State of Texas . CITY OF NORTH RICHLAND HILLS, TEXAS By: Larry Cunningham, City Manager City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney . ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT § § § This instrument was acknowledged before me on this date by Larry Cunningham, City Manager of the City of North Richland Hills, a Texas municipality, who acknowledged to me that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,20_" Notary Public in and for The State of Texas . .NI~H RESOLUTION NO. 2006-005 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1 . The City Manager be, and is hereby authorized to execute the attached Mechanic's Lien Contract for Public Improvements with Ricardo Figueroa and Cristi Figueroa (Owners) for curb and gutter, sidewalk, and drive approaches along Kirk Lane adjacent Owners' property known as Lots 1-4 , Block 1 , Taylor's Place as an act and deed of the City. PASSED AND APPROVED this the 13th day of February, 2006. . Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director . . . , :---1 I ---1; ~,' 'I c' . ~ . ---:~ I ~f ¡ ì I t ~~ ---1 6 ~ ~ :t 1----1 õ- ~ d I lIe ,c j 1~' 1 ì I . . I ¡- TAYlÒ~'S PLACE ~ ! Bl~. ~.. 1.:.. lOTS 1-4 _ II H \",).1/0. - -L___ . - Uv~::/~; - --,/), '1: J , "-.A I \\ I Î, 'I I H ! 1 RUMFIEL ~ ~ _ D ROAD - U I KIRK LANE .' /" I --/.,/ l ;'/ ! I I· , . t "" J ) , .... -------~ / " :./ ~ . , i j ! I . H ':"" ·rH. A!'.~ to( C ¡ í '>~DI L I /~l~)! /, \ W:" -:(?~~' ',..J.-. i I j \ \ 'f EM ~"2'" .....-:-\. r ì r i~"·I-·':::; ,{ , ¡ t \ ~ ,.~ I ~ ,\\>. I} r-- . l \ \".... _.J ,~ . \-; .....'v: --.J .... " '5'- ( T ~'.am. ~ ~¡.:>. J. ,ç, /')-'j\ \:'" · l \\\ i ~.\ ~. ~ ·.~ft\ I . ! ¡I, __I I I' N~H -.. I L.~ I ·::1o-·~~"t r.. ':: .... I ......"'!""' " i m C m z ::0 ~ ==:J I ¡ ¡ I 1 ¡ ¡ ~ ~ , ) 'I . I i f I ; _::..,...ç-~..Jr====.J \ ~ I I ! I iJ 1 TAYLORtS PLACE BLOCK 1, LOTS 1-4 MECHANIC'S LIEN . ,.,. CITY OF NORTH RICHLAND HILLS . Department: Planning and Inspections Presented by: Dave Green Council Meeting Date: 02-13-2006 Agenda No.C.1 Subject: ZC 2005-20 Public Hearing and Consideration of a Request from North Four Partners, L.P. For a Zoning Change From "AG" Agricultural and "C-1" Commercial to "RI-PD" Residentiallnfill-Planned Development (Located at 7716 Davis Boulevard _ 4.21 acres) - Ordinance No. 2873 Case Summary: The applicant, North Four Partners, L.P., is requesting approval of a zoning change from "AG" Agricultural and "C-1" Commercial to "RI-PD" Residential Infill-Planned Development on a 4.21 acre tract located at 7716 Davis Boulevard. The development will be known as La Fontaine Addition. Conceptual Site Plan: All requests for PO zoning must be accompanied by a site plan detailing the various elements of the proposed development. The applicant has submitted a conceptual plan and narrative that outlines the basic development. As with other recent requests for PO zoning, should this request be approved, the applicant would be required to return for final site plan and plat approval. . Existing Site Conditions: The site has several out-buildings and a single family residence and has been used for a number of years for private recreational fishing. The existing fish ponds appear to be dry. Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area. Although the proposed use is not consistent with this depiction, the proposed use is consistent with the recently approved Liberty Village RI-PD development on the tract immediately south of this site. Thoroughfare Plan: The site has frontage along Davis Boulevard, a future 6-laríe, divided, major arterial with 120 feet ROW. No other street connections are proposed. Adjacent Zoning / Land Use: North: "AG" / large lot single family, NRH dog park, gas station East: "R-2" / Single family residences South: "RI-PD" / Future Liberty Village Addition West: "C-2" / Vacant, cell tower Land Use Summary: · Total acreage · Number of lots · Gross density 4.21 acres 20 lots for residential, 3 open space 4.68 units per acre Minimum Lot Dimensions/Setbacks: · Min. house size 1 ,800 sq. ft. · Min. lot area 5,000 sq. ft. (9,005 sq. ft.- largest) . · Min. lot width · Min. lot depth · Min. front setback Min. side setback · Min. rear setback · Max. height Approximately 50 feet (at building setback) Approximately 1 00 feet 20 feet 5 feet (10 feet total between residences, 6 feet between eaves) Not indicated Not indicated (current zoning regulations would limit to 38 feet unless otherwise specified) . Development amenities: · Landscaped divided entryway from Davis Boulevard; · 3 landscaped common areas; · 8 feet masonry screening wall separating common areas from rest of development (Davis frontage); · 8 feet masonry screening wall separating development from adjacent commercial use (gas station); · Varied front building setbacks; · Home Owners Association; · All common areas maintained by HOA; · Landscaped and irrigated open spaces (3) throughout the project; · Brick or stamped concrete pavers in street; · Fountain/benches, walkways in open space areas; · Cast iron decorative street lights and mail boxes; · 4 feet sidewalks. Housing features: · Minimum landscape requirements for each lot; · Perimeter planting beds to be bordered with rock or masonry; · All lots to have automatic irrigation systems; · 800/0 masonry construction; · Mixed stone / brick; · Accent lighting; · One or two story design; · Enhanced roof pitches; · All driveways or parking areas to be concrete or pavestone; · Decorative wood garage doors (when visible from street); Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on January 19, 2006, recommended approval of ZC 2005- 20 by a vote of 7-0 with the following stipulations: · Revise the wording on both the site plan and narrative to indicate that the minimum square footage to be 1,800 square feet; . . . · Coordinate with the Parks Department concerning the proposed fencing along the northern boundary (adjacent to the dog park). The applicant has made the revision to the minimum house size (see attached site plan and narrative) and has contacted the Parks Department concerning the proposed fencing along the northern boundary (6' wood fence proposed). Recommendation: Approve Ordinance No. 2873. Review Schedule: Application: 10/24/05 Final Hearing: 2/13/06 Total Review Time: 16 weeks* * Review of RIPD requests generally take a slightly longer time to process due to the amount of necessary design review and revision. . ORDINANCE NO. 2873 ZONING CASE ZC 2005-20 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 4.21 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) AND C-1 (COMMERCIAL) TO RI- PD (RESIDENTIAL INFILL-PLANNED DEVELOPMENT) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a . recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 4.21 acre tract of land located at 7716 Davis Boulevard in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) and C-1 (Commercial) to RI-PD (Residentiallnfill-PJanned Development) zoning. . Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordinance No. 2873 . Page 2 . . Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 13th day of February, 2006. CITY OF NORTH RICHLAND HILLS By Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . EXHIBIT A Ordinance No. 2873 Description for a tract of land in the S. Richardson Survey, Abstract Number 1266, City of North Richland Hills, Tarrant County, Texas, and being a portion of a tract of land described in a deed to Bill Lightfoot and wife, Beverly Lightfoot, recorded in Volume 5749, Page 653, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 3/8" iron pin found in the east line of Davis Boulevard for the southwest comer of said Lightfoot tract; THENCE North 00 degree 06 minutes 25 seconds West a distance of 194.97 feet along the west line of said Lightfoot tract and the east line of Davis Boulevard to a 1/2" iron pin found with cap marked, "RPLS 4277" for the southwest corner of Lot 1, Block 1, LIGHTFOOT ADDITION, according to the plat recorded in Volume 388-93, Page 977, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 59 minutes 00 seconds East a distance of 230.93 feet to a 1/2" iron pin found for the southeast comer of Lot 1; THENCE North 00 degree 07 minutes 52 seconds West a distance of 141.15 feet to a 1/2" iron pin set with cap marked, "AREA SURVEYING" in the north line of said . Lightfoot tract for the northeast comer of said Lot 1; THENCE South 89 degrees 56 minutes 55 seconds East a distance of 420.32 feet to a 1/2" iron pin found with cap marked, "LANDES & ASSOC." for the northeast corner of said Lightfoot tract and for a southerly comer of Lot 1, Block 2, NORTHFIELD PARK ADDITION, according to the plat recorded in Cabinet A, Slide 8900, Plat Records, Tarrant County, Texas; THENCE South 00 degree 39 minutes 20 seconds East a distance of 326.00 feet to a 5/8" iron pin found with cap marked, "RPLS 4224" for the southeast comer of said Lightfoot tract; THENCE South 89 degrees 08 minutes 17 seconds West a distance of 654.36 feet to the POINT OF BEGINNING, said described tract containing 4.21 acres of land. . . Planning Map . ~' z~' ,-"--~-'- ~ '''''' . . 7 /z"-~~ r----- _ - '-::-- ~. ~ /'~ - - "-'- ~"- '- ~ ........... / /""'---- - __ 1--1-- ~ I- g:~ ~ / ~ --"-"- J~ L-i ,. '-~") / - --r 11 /~ .. // - -- ~ r-,~./..;!JÌ7---- '""'~// // - - _ r 1 J -~_ìwn / / -\- -;--- - ~~ I J2-- í / '\- /7 >- §- ~ - -= rr,~ / "ì / I >- ~ '- - -I- ~i r-.J / ¡ ./' I l f-- I-- ~ = -- ~Î -(.-(.~ ì/ /.J.~ / I I-- ~ \ - -=I-~; /~E53ß ~~ '- -"-- I l J I-- Tr r ~~ ~~_ fi1þ I )t=~ ~ ~~ '- ",), tc \ ~~I-_~~ '~ ~_l I I ~~ ~- ~ -~i,!·_arJ ~ r--', 1TI ~~ ~= t:::~ t:: l' Northfield Park ~=~~~~~ ~ ~I 1--_ ~- -'-- I-- =-- ~- 1-.:: =~ ~ Inl I. =~:: == .~ }V"' '"'" ~ ~ r~J)-'i~1 Y-l~il H Prom r~))I~ '- tr[lJJ~'y/~- = I ~ ~ ~~~ _ ~ ~ " ~ ~ -~ ~ ~ '- I r H T T I -£f '-~ -= I = - ~ ~m IT ~~ ~- - >- 0- ì I'E--:uf _ '-'- 1--- _ >- '- F III ~ !t[T 11 '--'-- ~~ - ':;; t l~ ' , rr /Lt: >-;'- = I ;' I "5#» '11Tn/11 ~ W('"ITl' . I~ ~J] --I þt- L I J1- T~ l ~~A n ì : ~~ 1 c¡ 0- ~ - ..... r; \ \~F 1T 1 "'A/---' ~ - -'y~~ ~ :: ~0~ -, '---- ~ \.:"'\. \¿ '- -~~~\í ~~~ ~~r Tnl C r- ~ ~ EEmïït.= = TTTT Ë: -W~€k}JIA trrr '-"""1 N \ w.~~ ~-- E ~, ~~t ,: s NRH ZC 2005-20 AG & C-1 to RI-PD 7700 Block of Davis Blvd. Prepared by Planning 01/26/06 ~Feet o 250 500 1 DOO . · · · NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: ZC 2005-20 Applicant: North Four Development Partners, L.P. Location: 7716 Davis Boulevard (4.21 acres) You are receiving this notice because you are a property owner of record within 200 feet of the properties shown on the attached map. Purpose of Public Hearina: A public hearing is being held to consider a request from North Four Development Partners, L.P. to rezone the above property from "AG" Agricultural and "C-1" Commercial to "RI-PD" Residential Infill-Planned Development. The applicant is proposing to develop a 20-lot single family residential subdivision. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, FEBRUARY 13, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . Property Owner Notification List PPC Davis Properties Sean and Misty Lynch R.A. Read PO Box 96 8528 Neil Ct. 7709 Davis Blvd. Colleyville, TX 76034 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Larry & Vicky Henderson Todd and Gail Tunnell 8533 Neil Ct. 8532 Neil Ct. Ft. Worth, TX 76180 Ft. Worth, TX 76180 John & Eileen Cummo Oran Abbott Randall and Maria Baker 8529 Neil Ct. 8533 Gary Ct. 8524 Neil Ct. Ft. Worth, TX 76180 Ft. Worth, TX 76180 Ft. Worth, TX 76180 Gary and Donna Joy James and Lana Lecroy Woodbriar Management LTD 8525 Neil Ct. 8529 Gary Ct. 411 Harwood Rd. N. Richland Hills, TX 76180 Ft. Worth, TX 76180 Bedford, TX 76021 tj0n and Shirley Peebles Stephen Anderson David and Dora Lee ~21 CO 4790 8525 Gary Ct. 7645 Jill Ct. Boyd, TX 76023 Ft. Worth, TX 76180 Ft. Worth, TX 76180 Habiba Virani R.A. and Susan Read A.W. Hamm 17711 Misty Grove Rd. 7709 Davis Blvd J.B. Sandlin N. Richland Hills, TX 5133 Davis Blvd. Dallas, TX 75287 76180 Ft. Worth, TX 76180 . . Zoning Exhibit/Site Plan NORmFElD DOG PARK - - - - - - - - - - - - ;: ~ s- ;..; - - - - - - - .J _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - ~ - - - - - :::=;:.-.:..: - - -'jr Ü~~ .-.-.---.-. _._.- .-.-.-.-.-. _. -.-.-.-.- .-.-.-.-.-. _. - - - .-. -. -.-. - - _. -.-.-.- ~ r~'" ,]':£- - " -- . . If ~ 11 .- .' '. . ''!!:/I. ~'\ -·.CO,,', \. ~ .....¡ ...~~ '"'" " ~ ;~, -;" - ..,..... . /'. ..~.-: ~ ~~~:~ ~~. _ ~~~_ ____ _ __ ':_ . . :. ._H~'_ ..:~:.'.~'~ . .~~.~:~':.J ~ : :.: ,:: - ::1 C~ PROPOSED SINGlE FAMILY NOIU, HNIII. 511' "... _AI. S>IAL~ iii. MII"_ "1011 Ie '-II¥M. 00 "".. "-AI 011 "IU)'IC _1. ¡lCLuD,'" ..., lICIT LlMI1'U '0 ~_I"'. c,....1Ioor; _ "'I~ IØI 5"_. IIPD SJ'_ ....111£5. 51-' ... 5C11U111II111. _/~ - - --- ~--.~~ ~ - ...,., ~ .. _ __ "'L" T1t _ ..,JI '17'_ .._ WI" _14'Z . on.ILED l.-:N'( PUN Olll II( ._,0£1» .IT" ~In... [; ' 11<[ '1_ SHE ........ I - LOTS loft a:u I 10___ _,_ ... - - _1111 ~TMI --- ~. 'DUB _ (1171_ ,..m.._ . . ~ ~ : ~i;¡J1ìI: ~ VICNTY IMP "'-_0 DUt:lOPMJlI 1I£ST1IC11OI'S '.0...... to ... ... ..r. ........... 2. ......... .."" ... M 8tor)'. J. ~. .. lie lOll! "......... .. ...., ~ctI ......... O't .... &/12 ..0. ........ _ ...._ ~ tne J.._ ......... s.. ...........,. .. ..... .,._ 10 .... .....w . PII'Wft'-. .."'_, _..... _...... ...1...... ;~;~:.~::"-~~ - -=-..::::.- :=:::=:=:~~,=::::=~=¡n ~~.:.::- ..:e.: :' .::.-::-:.=.:: ~(:..-: =- Of .... .... Q..-s ~ .... ........ fftftII'W'....... ... ......, ee..... ,.,....... .... ;:~;::.:i:~L~ =~;z =~~~.. I I I ~:::-- =-=".. _ ...h. _ 01 r~,_ -.- -- II t_ tr.. U n:III ahw ~_ J ~ ...... Ute .....t btID ..., ........... gf one tr.. 1ft Uw ,,.... ,..... t ~-:-...::: == ::=::::.:.-=.:: ..':':.... ",,-:'...=-"~ -:;~_ .,...,. CONCEPTUAL SITE PLAN LA FONTAINE Lon ~u...acx I A PROPOSED SINGLE F AMIL Y RESIDENTIAL DEVELOPMENT l01':l "'U.__ I an Of ~ ~ HUS. tDIM ~___IC ~-- DATE Of' PllEPMATION 12-a-œ . . . I I I I I --_/ -, } I I I I I I I I I I I I, "J-' f--- I I Landscape Plan - NORTMFIElD DOG PARK I I 4:J I G JI I ... 11 -t-- II ¡ =f:::~~~~~~~·¥~·~·~·~·~·~·~::·~·~·~::::::::::::::·~::::Tr:=--=--= I : Ii· ! I Ii !I I _, _~ . Ii I, ¡f~~~.Ij ·iI :. - i'rf. ""...J.v"'. '.. i: ' ~ I i~.\} ,,'J \~ . ,œ "-, ~~-- ¡I ~ I' :~~~~' '~:¡I · ~ .¡ .,-,_, _. _~~_._ ._._. -'-_._._ ._._._._._,_,_,_, _._._._. .._._ ._._._'~:~JJF;;:;·::1 I l : þ {_ _ _<:I'_IL'" - -,- I- PROPOseD SINGLE FAMILY -~-." -.... ,. =..... -:.£!E== ~.JE: 082-004 ~E;;:;;;~;;' , 112212Õo5,~O;~55":';-------------- ----- ! :~dI:' --..... ~ -~~~.;'.= LANDSCÞPE PLAN FOR LA FONTAINE ARr~~~~~ ðrjEléo$~~l I.8IIS ......... . en " _ ___lUlL... DAII c:I ....-alGI ....... -- . £ YC»l~ A Proposed Single Family Residential Community (Residentiallnfill - Planned Development) Located in The City of North Richland Hills, Texas At Davis Blvd (Stephen Richardson Survey, A1266, TRS 12 & 12k) . Concept Site Plan, Landscape Plan & Zoning Change Request Supporting Information . Presented By: . NORTH FOUR DEVELOPNlENT PARTNERS, LP 7952 Davis Blvd, Ste 100 North Rich/and Hills, Texas 76180 Ph: 817-427-9545 Fax: 817-281-2442 . 10 Jan 2006 TABLE OF CONTENTS I. Statement of Intent II. Planned Development Requirements . III. Exhibits A. Typical Elevations & Wood Garage Doors B. Typical Screening Fence Examples C. Mailboxes D. Decorative Lamp Post Lighting E. Field Notes F. Concept Site Plan G. Concept Land~cape Plan . . . . I. 5T A TEMENT OF INTENT The proposed development will be a "Garden Home" neighborhood of luxury homes. Homes will be a mini.mum of 1 ,800 square feet. Each lot will be a minimum of 5,000 square feet and a maximum of 9,000 square feet. Homes will be one and two story with a minimum of 80% masonry of brick and/or stone. Typical roof pitch will be 8/12 with timberline or superior shingles (three-tab shingles will not be allowed). Garages will be set back"a minimum of 20 feet from property lines, and if seen from the street, the doors will be decorative wood. Mailboxes will be cast aluminum grouped in tandem and located between every other property. Building separation will be no less than 10 feet to an adjacent home and driveways will be concrete or pavestone. The pedestrian crossings will be accents for the circle drive surrounding the island and will be either pavestone or decorative concrete. Significant landscape features will be required. Each lot will have a minimum of 15 one- gallon shrubs and two trees (3 inch caliper) with at least one in the front yard. House perimeter landscape beds will be bordered by masonry or rock. All homes will have automatic sprinkler systems as well. All open spaces including the entrance and adjacent right of way will be landscaped and equipped with automatic sprinkler systems. The drive circle island will also be landscaped and include a decorative fountain, walk ways and benches. All common areas will be maintained by a Home Owners Association. In order to shield the neighborhood from adjacent commercial property, an eight foot decorative masonry screening wall will be constructed from Davis Blvd bordering the property line between the subject property and the commercial property. Landscape shrubs and trees will be planted for additional screening and aesthetics. Decorative masonry walls will also be constructed between Lots 1 & 2 and across the rear of Lot 21 providing privacy and sound barriers to the development. . The distinctive entrance will set the development apart with a divided median that will also be landscaped. The following exhibits include photos of proposed typical home elevations, wood garage doors, mailboxes and screening walls similar to those to be constructed for this project. II. PLANNED DEVELOPMENT RESTRICTIONS . 1. Dwellings to be 1800 s.f. minimum. 2. All dwellings will one and two story. 3. Units will be aOok masonry. 4. Roof pitch shall be at least 8/12 with timberline or superior shingles. (no 3- tab shingles) 5. All driveways and parking areas to be concrete or pavestone. 6. All masonry screening walls will be 8 feet high. 7. Side walks shall be constructed by the home builder and shall be installed per this plan and be four (4) feet minimum width. 8. Mailboxes will be Imperial antique pedestal mounted in tandem between every other property. 9. Each lot shall have a full area water sprinkler system. 10. Electric and telephone service shall be underground. 11. Common amenities, common areas, parking areas and all common areas not specified in individual lots will be owned and maintained by the home owners association. 12. 10 feet minimum clearance/separation between buildings & 6 feet minimum between roof eaves. 13. Project signs to be in accordance with the City of NRH sign ordinance. 14. Each owner will own a portion of all common areas and will be members of the home owners association and will provide maintenance and liability coverage for common areas. 15.AII buildings have 20 feet minimum setback from paved streets. 16.AII garage doors visible from the street must be decorative wood. 17. Garage setbacks must be 20 feet minimum from front property line. Landscaping and Open Areas 1. Each lot shall be landscaped by the builder with a minimum of fifteen one- gallon shrubs, two trees (3 inch caliper measured 6 inches above the root ball) with a minimum of one tree in the front yard. . . . . Notes: 2. Each home shall have perimeter planting beds and be bordered with masonry or rock. 3. All planting beds and grassed areas shall be irrigated with an automatic water sprinkler system. 1. Final Site Plan approval shall be required prior to the approval of any plat or building permit, including but not limited to landscaping, lighting, and mail box standards, open space amenities, signage, and screening. 2. A detailed Landscape Plan will be provided with submittal of the final site plan. . . . III. EXHIBITS TYPICAL ELEVATION (1) . . ,,' '\., /<~.... . " ...~ . \ -... TYPICAL ELEVATION (2) . . ,tJ .. . TYPICAL ELEVATION (3) . . ~--n 1"·-_' '; ,~":' . .~ · l, .-' These fence exhibits are conceptual and are similar to what will be constructed at the entrance of La Fontaine and screening around the commercial property. Stockade fencing will be utilized on the north and east borders. The south border will be fenced by the adjacent development. . . . ~' - ';~.'~',::"'~ {~ 1 .~ .... ~ ~,'~ if' ~. .. - ....,tt..-i:'.-,~ '" ~:i ,:~ 4 1 :1; . . . Mail boxes will be mounted in tandem on a single post between every other property to allow for half as many box locations, an aesthetic appearance to the development, and an additional convenience to the homeowner as opposed to a community mailbox. . Excerpt from January 19, 2006 Planning and Zoning Commission Minutes ZC 2005-20 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM NORTH FOUR PARTNERS, L.P. FOR A ZONING CHANGE FROM "AG" AGRICULTURAL AND "C-1" COMMERCIAL TO "RI-PD" RESIDENTIAL INFILL-PLANNED DEVELOPMENT (LOCATED AT 7716 DAVIS BOULEV ARC - 4.21 ACRES). APPROVED Dave Green presented ZC 2005-20. This is a zoning change from "AG" Agricultural and "C-1 n Commercial to "RI-PD" Residential Infill-Planned Development. This is a 4.21 acre site located at 7716 Davis Boulevard on the east side of Davis Boulevard just north of Liberty Village. The property does not include the gas station and convenient store. The proposal is for 20 residential lots. The applicant has submitted a concept plan that explains the development of the property. Approval of this site plan requires the applicant to return at a future date and time with a final site plan for this Commission to review. Staff requests that should this be approved that a concept plan be included in the narrative as part of ·the approval process. Staff recommends approval of ZC 2005- 20. . Mr. Sapp asked Mr. Green if it was appropriate to consider the setback requirements within the zoning or is it more appropriate for the site plan. Mr. Green answered that the site plan would be more appropriate because the setbacks are mentioned and listed on the site plan or the narrative. Chairman Davis opened the public hearing and asked the applicant to come forward. Don Phifer, 8360 Thornhill Drive, came forward. The biggest obstacle that was faced with this property is the 192-ft. of frontage along Davis Boulevard with 654-ft. of depth. As stated earlier the northwest comer is not included. The tract does not lend itself well to commercial development. There are not many uses that can be done due to the residential area surrounding the property. With the development taking place to the south of this property, the adoption prior to that of the "RI-PD" zoning and then with the demand of the market for these type of homes and developments the natural progression was to go into this type of zoning case. . Due to the noise and the speed on Davis Boulevard. along with the increased volume of traffic the homes need to be pushed away from Davis Boulevard. The City has green space requirements so the green space was created along Davis Boulevard heavier to the north and south. This will give a separation for the development. Along with a masonry wall a landscaped green wall will be placed to create a sound and visibility barrier to Davis Boulevard. It will be an inviting entrance into the subdivision. In the center of the development will be an island of green space (8,000 sq. ft.) with a fountain in the center. This will be a gathering place for the residents. There will be cobblestone . . . crosswalks to get to the island along with the meandering sidewalks throughout the green space and around the fountain with some benches. Mr. Schopper asked Mr. Phifer to explain the drainage. Homeowners from the Meadow View Estates are worried about possible flooding. Mr. Phifer stated that currently the water runs off to the southeast comer of this property. Engineers for the property are working with Ben Johnson, the developer for Liberty Village to address Liberty Village's drainage. All of his drainage will be taken to that drainage system infrastructure that will be built and this will take away from the homeowners which won't be flooded anymore. Mr. Johnson is also allowing for our drainage system to tie into his drainage system. In addition, talks have opened up with the developer to the south and we have noticed what his grade is. Right now this property is significantly higher than his grade. We believe that the grade of our property will be dropped. Chairman Davis asked Mr. Phifer about the fencing between La Fontaine and Northfield Dog Park. Mr. Phifer responded that wrought iron was considered, but many homeowners want privacy instead of openness. Chairman Davis stated that whatever is decided it just need_s to be consistent and that needs to be part of the motion. Mr. Phifer agreed. Ms. Cole asked Chairman Davis to explain his reason for consistency. Mr. Sapp stated that it should be left up to the homeowner. Mr. Phifer stated that he would call the Parks Department and work with them on the fencing. Chairman Davis asked if there was anyone else who wished to speak in regards to ZC 2005-20. Being none, Chairman Davis closed the public hearing. Mr. Shiflet stated that he had contacted the City inquiring about the distance between the entryway of this proposed subdivision and Green Valley Drive intersection with Davis Boulevard. Mr. Shiflet asked Mr. Van Nieuwenhuize to come forward. The concern is the northbound traffic at 50 mph in the center turning lane. The traffic that is going to turn left onto Green Valley is still traveling 50 mph minimum when they move over. South bound traffic would have a conflict at a high rate of speed in the middle turning lane. Mr. Van Nieuwenhuize stated that for that type of street, the City's minimum distance for offsets is 150-ft. The offset that is shown here is 190-ft. A couple of other things is the entrance for this subdivision versus Liberty Village (immediate south) is SOQ-ft. which exceeds the City's minimum. The applicant will have to go through TXDOT to get this entrance. If TXDOT feels there is a deceleration lane necessary TXDOT will require it. . . . Mr. Shiflet stated that sometime in the future about a block north of this property at Bursey Road there will 'be a traffic signal that will provide another break in the traffic on Davis Boulevard. Mr. Van Nieuwenhuize stated that there have been some applications made to COG and elsewhere in order to fund a traffic signal at that location. Mr. Sapp asked Mr. Van Nieuwenhuize about a re-striping proposal where another lane would be added. Mr. Van Nieuwenhuize stated that the proposal goes from Emerald Hills to Starnes. Chairman Davis stated that the language regarding the square footage of homes should be changed from average 2,000 sq. ft. to minimum 2,000 sq. ft. Randy Shiflet, seconded by Ken Sapp, motioned to approve ZC 2005-20 including the concept site plan and narrative with the comments regarding the contact with the Parks Department on fencing for the north side and also striking in the statement of intent the average of 2,000 sq. ft. and making the minimum house size 2,000 sq. ft. Further discussion among Commission members about the minimum house size resulted in Randy Shiflet and Ken Sapp withdrawing the comments in regards to the minimum but would also like to strike the language average. Randy Shiflet, seconded by Ken Sapp, motioned to approve ZC 2005-20 including the concept site plan and narrative with the comments regarding the contact with the Parks Department on fencing for the north side and change the language, "average of 2,000 sq. ft." to "minimum 1,800 sq. ft. house size". The motion carried unanimously (7-0). CITY OF NORTH RICHLAND HILLS . Department: Planning and Inspections Presented by: Dave Green Council Meeting Date: 02-13-2006 Agenda No.C.2 Subject: ZC 2005-21 Public Hearing and Consideration of a Request from JB & JB Development FLP for a Zoning Change from "AG" Agricultural to "0-1" Office (Located at 8009 Precinct Line Road - .9 acres). Ordinance No. 2870 Case Summary: The applicant, JB & JB Development FLP, is requesting a rezoning of this .9 acre tract from "AG" Agricultural to "0-1" Office. No development of the site has been proposed at this time. Site Plan Review Required: Should this request be approved, development of this site will require site plan approval by staff, Commission and Council due to adjacent residential zoning. Plat Status: The site is not platted. Existing Site Conditions: The site is vacant but shows indications of having had a residential structure and outbuildings in the past. . Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Service-type uses for this site. Neighborhood Service uses are designed to provide limited service and retail uses for the benefit of nearby residential areas. The proposed office zoning is consistent with the Plan's limited, non-residential, use character. The proposed zoning is also consistent with property immediately south that was rezoned to "0-1" Office in 2004 (ref. PZ 2004-06) as part of the future Thornbridge East Addition(s). Thoroughfare Plan: The site fronts Precinct Line Road, a 7 -lane, undivided (continuous left-turn lane) major arterial with 130 feet of ROW. Surrounding Zoning / Land Use: North: "AG" / Vacant farmhouse on large tract East: Colleyville City Limits South: "0-1" / Vacant West: "R-2" I Vacant (Thornbrige East Addition) Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on January 19, 2006, recommended approval of ZC 2005- 21 by a vote of 7-0. Recommendation: Approve Ordinance No. 2870. Review Schedule: . Application: 12/21/05 Final Hearing: 2/13/06 Total Review Time: 8 weeks . Planning Map ILnJ~íJI r---I ~~ 1,- '--- I ",.- _ ...... - f-'-- I-- - i---; - ~I.o- ~ _- i-.-J- ~ --~ ~/1~ - \.~ 1111 7 C~ 1/ i- I r 1 \ '~ I ::: ~ t--! ,...... i-- 171'; c-,,~-^r 1 ~ ~= Ë Ë~\I,__=--~Ed;~~-;;~-¡õ;;~-l ~.-1--~ '-_ = ,--_ __ _ ~ - ~= r \ ~ f1111 I T I _~ 1 ~~ - r J = ~-- I r I = ===~ T I r \ r - ~ -,- EE 2.!.-ITlíÒ~ t7Ti=EB§~ i[~± l' ~~IW ~ '- f I j Oak Leaf Dnve (Private) i ~~~~~~ ~ . "'- a L~ LD Lockett I . ~i- :: -"-- - II . ~:.L.C ).,..¡ t c, r~~ & lA;Ic .5 ~¡- E- ~~~ t ~~ C ~I~ '~ ~ ~ n t: i: ~ ~ ~ [P ......~~~....,¡ Jr r Î KîrkLaneJ rJ -L '--- ~ \ City of Colleyville ~ I \ - - N .\ ,,::41' "f" W þ"...d..... e ....~,.... ----- ~, ~}.! V s NRH ZC 2005-21 AG to 0-1 8009 Precillct LÍlle Road ¡ Prepared by Planning 01/26/06 ~F8et o 250 500 1,000 . . . . ORDINANCE NO. 2870 ZONING CASE ZC 2005-21 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A .90 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO 0-1 (OFFICE) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a .90 acre tract of land located at 8009 Precinct Line Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to 0-1 (Office) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordinance No. 2870 . Page 2 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 13th day of February, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . . . EXHIBIT A ORDINANCE NO. 2870 BEING A TRACT OF LAND OUT OF THE W.C. NEWTON SURVEY, ABSTRACT NO. 1182, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 17419, PAGE 221, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIN SET IN THE NORTH LINE OF OAK LEAF PARK, 2nd FILING, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-70, PAGE 52, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 17021, PAGE 49, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 00 DEGREES 55 MINUTES 17 SECONDS WEST 119.67 FEET ALONG THE EAST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 17021, PAGE 49 TO A CAPPED IRON PIN SET FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7677, PAGE 289, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 13 MINUTES 42 SECONDS EAST 330.67 FEET ALONG THE SOUTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7677, PAGE 289 TO A HIGHWAY MONUMENT FOUND IN THE WEST R.O.W. LINE OF PRECINCT LINE ROAD FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 18 MINUTES 35 SECONDS WEST 120.75 ALONG SAID R.O.W. TO A HIGHWAY MONUMENT FOUND IN THE NORTH LINE OF SAID OAK LEAF PARK, 2nd FILING FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 02 MINUTES 09 SECONDS WEST 328.07 FEET ALONG THE NORTH LINE OF SAID OAK LEAF PARK, 2nd FILING TO THE POINT OF BEGINNING AND CONTAINING 0.90 ACRES OF LAND, MORE OR LESS ZONING EXHIBIT CURRENT ZONING AG PROPOSED ZONING 01 . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: ZC 2005-21 Applicant: JB & JB Development FLP Location: 8009 Precinct Line Road (.9 acres) You are receiving this notice because you are a property owner of record within 200 feet of the properties shown on the attached map. Purpose of Public HearinQ: . A public hearing is being held to consider a request from JB & JB Development, FLP to rezone the above property from &lAG" Agricultural to "0-1 "Office District. The Planning and Zoning Commission has recommended approval of this request. Public HearinQ Schedule: Public Hearing Date: CITY COUNCil MONDAY, FEBRUARY 13, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. lOOP 820 NORTH RICHlAND HillS, TEXAS Time: Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . . Property Owner Notification List Mary Sue Warren 120 Oak Leaf Dr. Ft. Worth, TX 76180 Jesse and Carol Nelson 2708 Steeplechase Ct. Hurst, TX 76054 JB & JB Development FLP 700 Harwood Rd. Ste A Hurst, TX 76054 City of Colleyville 100 Main St. Colleyville, TX 76034 . . . . . Excerpt from January 19, 2006 Planning and Zoning Commission Minutes ZC 2005-21 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT FLP FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "0-1" OFFICE (LOCATED AT 8009 PRECINCT LINE ROAD - .9 ACRES). APPROVED Dave Green summarized ZC 2005-21. The site is immediately north of additional property that is owned by the applicant which was recently re-zoned "0-1" Office. It was part of larger zoning case. The proposed zoning is consistent with the Comprehensive Plan. Staff supports ZC 2005-21. Chairman Davis opened the public hearing and asked the applicant to come forward. Mark Long, engineer for John Barfield, came forward. Mr. Barfield would like to incorporate this property into the adjacent property also owned by Mr. Barfield and make it into usable property. Mr. Nelson, property owner to the north, came forward. Will "0-1" zoning restrict the "NS" zoning for the property to the north? Chairman Davis answered no. Chairman Davis asked if there was anyone else wishing to speak in regards to ZC 2005-21. Being none, Chairman Davis closed the public hearing. Bill Schopper, seconded by Don Bowen, motioned to approve ZC 2005-21. The motion carried unanimously (7-0). . Zonina Exhibit .r ~ SCALE 1"= 50' BEAAINC CONTROL BASED ON THE ÇITY . Of NORTH RIŒtNÐ HILLS GPS O"TA 1fAO-8J - GPS MONUUENT 25 ~i S1J~ ~ 8~ 1ffO~ ~O· ~J C'f ., .~$'f~ £AS£W£NT OOES NOT EmCl VOL 12ge. PO. 27.& VOL 7677, PC. 289 O.R.T.C.T. SET CAPP£O IP 589'1.3'42"£ .330.67 ~ 0 i « 0 j a:: w z 10 :J f'o. Ó l- N ;: () io Z ,., Ü to b W 0 n:: (I) a.. (j) ~ 0 0 ~ CXJ ~ ,... (£) en VOL I 7021. PG. 49 O.R.T.C.T. ,. ,.... it) U1 b o z VOl. 17419, PC. 221 O.R. T .C. T. 0.90 ACRES 39577.18 SF' G }.G ZOrl1tl G 01 BErl'f ZO~Jrl COlt oOSf:D pftO~ sr;r POINT OF BEGINNING 5' U.E. N89'02'09"W J28~ OAf( LEAF PARt< 2nd FlUNC VOL 388-TO. PC. 52 P.R.T.C.T. . i~ I,_M ~ PROJECT SITE ~ BEING A TRACT OF' lAND OUT or THE W.C. NEWTON SURVEY, ABSTRACT NO. "82, TARRANT COUNTY, TExAS. AND BEING A PORTION OF A TRACT OF lAND AS OESCRIBED IN OEED RECORDED IN VOlUME 17419, PAGE 221. DEED RECORDS. TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS F"OllOWS: BEGINNING AT A CAPPED IRON PIN SET IN THE NORTH LINE OF OAK lEAf" PARI<. 2nd FlUNG. AN ADDITION TO TH£ CITY OF NORTH RICHl»fD HIlLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PlAT RECORDED IN VOLUME 388-70. PAGE 52. PLAT" RECORDS. TARRANT COUNTY. TEXAS, FOR THE SOUTHWEST CORNER OF' TRACT BEJNG DESCRIBED, SAID POINT 8£1NG THE SOUTHEAST CORNER Of' A TRACT OF lAND AS OESCRI8£D IN DEED RECORDED IN YOlUWE 17021, PAGE 49. DEED RECORDS. TARRANT COUNTY. TEXAS: . THENCE NORTH 00 DECREES 55 t.CINUTES 17 SECONOS WEST 119.61 FEET AlONG THE EAST LINE or SAID TRACT or lANO AS DESCR18EO IN DEED RE:CORDED IN VOLUME 17021. PAGE "9 TO A CAPPED IRON PIN SET F"OR THE NORTHWEST CORNER or TRACT BEING DESCRiBED, SAID POINT BEING THE SOUTHWEST CORNER OF'" " TRACT Of' lNfO /4S OESCRI8ED IN DEEO RECORDED IN VOlUME 7677, PACE 289. OEED RECORDS. TAARANT COUNTY. TEXAS; THENCE SOUTH 89 DECREES 13 MINUTES "2 SECONDS EAST 330.67 FEET AlONG THE SOUTH UNE OF SAID TRACT OF (.AND AS DESCRiBED IN DEED RECORDED IN VOLUME 7677. PACE 289 TO A HfGHWAY MONUMENl fOUND IN THE WEST R.O.W. UNE OF PRECINCT LINE ROAD fOR THE NORTHEAST CORNER Of' TRACT BEING DESCRIBED: THENCE SOUTH 00 DEGREES 16 MINUTES J5 SECONDS WEST 120.75 AlONG SAID R.O.W. TO A HIGHWAY WONUWENT fOUND IN THE NORTH LINE Of" SAID OAK lEAF PARK, 2nd FlLlNC FOR THE SOUTHEAST CORNER OF TRACT BÐNG DESCRIBED; THENCE NORTH 89 DEGREES 02 MINUTES 09 SE.CONDS WEST 328.07 FEET AlONC THE NORTH LINE or SAIO OAK LE.AF PARK. 2nd FlUNG TO THE POINT Of BEGINNING AND CONTAINING 0.90 ACRES OF U\ND. MORE OR I.ESS N@RTH J\ICI'{lAND -'H ILLS ZC 2005-21 ZONING EXHIBIT " ."'" ",. ="l CURREJVT ZONING AG PROPOSED ZONING 0 f ',: . i !_-=_.....~ . o ~ o IRON PIN IRON P1P£ BOIS O'Me STAKE COHCIIETI: IoIOHUUENT rtNC[ F'QIIIf£fI UHf: 1ElEPHOHE UN( CA8l.E T£lE'tISION CONCRETE PAW.. I LOYD BRANSOM SURVEYORS INC. CHARLES B. HOOKS. JR. REGISTERED PROFESSIONAl lAND SURVEYOR 1028 NORTH SYLVANIA AVENUE FT. WORTH, TEXAS 761 t 1 (817) 834·- 3477 (~~4~:> ~ f/INMY - ,-,- -r-T- -CAI\'- c::J ~ ASPHAlT PA\<1NG . 0<4-1778 DATE: 12-02-0~ ;" . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Dave Green Council Meeting Date: 02-13-2006 Agenda No.C.3 Subject: ZC 2005-22 Public Hearing and Consideration of a Request From Cozy Water Properties, Inc. For a Zoning Change From "AG" Agricultural to "R-1" Single Family Residential (Located in the 6900 Block of Clift Street - 1.906 acres) - Ordinance No. 2871 Case Summary: The applicant, Cozy Water Properties, Inc., is requesting approval of a zoning change from the existing "AG" Agricultural District to "R-1" Single Family Residential District for the purpose of developing a small residential subdivision. Case History: This request represents the third time the applicant has requested residential zoning on this same tract in the last year. The first request for "R-2" zoning on the entire site (ref. ZC 2005-11) was recommended for approval by the Commission on July 21st but was subsequently denied by the City Council on August 8th. The second request (ref ZC 2005-15) was for a combination of "R-2" and "R-1" zoning. This request was recommended for approval by the Commission on September 15th and was subsequently denied by the City Council on October 10th. In both cases, a valid Petition of Opposition was received from the adjacent neighborhood. Plat Status: The applicant has submitted a 3-lot final plat. The plat (ref. FP 2005-18 Clift Addition) is also on this agenda for consideration. Existing Site Conditions: A portion of the site had contained a single family residence and several out-buildings. The applicant has since removed these structures and the entire site is now vacant. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Although the immediately adjacent lots in this area are larger in size than the "R-1" minimum (13,000 square foot) requested, the "R-1" District is considered as meeting the definition of low density in terms of the Plan's depiction. In addition "R-2" and "R-3" zoning can be found nearby. Thoroughfare Plan: The majority of the site has frontage on Clift Street, a local residential street with 50 feet ROW. A small portion of the site has frontage on Amundson Drive, a future 4-lane, undivided, major collector street with 68 feet ROW and Walter Road, also a local street with 50 feet ROW. Surrounding Zoning I Land Use: North: "R3" I Single family residences (north of Amundson) East: "AG" / Large lot single family South: "AG" / Large lot single family West: "AG" & "R 1" I Large lot single family Previous Neighborhood Opposition: During the applicant's two previous requests for residential zoning, petitions of opposition (representing owners of more than twenty percent (20%) of the property within 200' of the subject site) were received by staff. At staff's direction, the applicant did make an effort on this third request to discuss the rezoning case with property owners in the adjoining neighborhood. As a result staff has not received a petition of opposition on the current request. During the Planning and Zoning Commission's public hearing, the owner of property immediately across Clift Street from this site expressed his support for the rezoning. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on January 19, 2006, recommended approval of ZC 2005- 22 by a vote of 7-0. Recommendation: Approve Ordinance No. 2871. Review Schedule: Application: 12/21/05 Final Hearing: 2/13/06 Total Review Time: 8 weeks . . . ORDINANCE NO. 2871 ZONING CASE ZC 2005-22 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING -ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, AND REZONING A 1.906 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.906 acre tract of land located in the 6900 Block of Clift Street in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to R-1 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provIsion of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . . . Ordinance No. 2871 Page 2 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 13th day of February, 2006. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . . EXHIBIT A Ordinance No. 2871 CozyWater Properties, Inc. is the sole owner of a tract of land out of the T. Martin Survey, A-1055, described by deed in Instrument #0205138589, and Instrument #0205138590 of the Deed Records of Tarrant County Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found %" iron rod at the intersection of the north Right-of-Way of Walter Road and the east R.O.W. of Clift Street, said point being the southwest corner of subject property; THENCE N 12° 19' 39" W, with the west R.O.W. of Clift Street, a distance of 92.89 feet to a found ~" iron rod for an angle point; THENCE N 24° 26' 11" W, continuing with the west R.O.W. of Clift Street, a distance of 149.60 feet to a found ~" iron rod for an angle point; THENCE N 34° 08' 40" W, continuing with the west R.O.W. of Clift Street, a distance of 219.18 feet to a set ~" iron rod, capped "JDZ 2490", in the south R.O.W. of Amundson Drive for a corner: THENCE N 55° 50' 35" E, with the south R.O.W. of Amundson Drive a distance of 100.00 feet to a found 5/8" iron rod, capped "DOWDY", for a corner; THENCE S 31° 23' 03" E, departing the south R.O.W. of Amundson Drive, a distance of 146.00 feet to a found ~" iron rod for a corner; THENCE N 56° 27' 36" E a distance of 90.15 feet to a found %" iron rod set in concrete for a corner; THENCE S 27° 35' 11" E a distance of 125.22 feet to a found 5/8" iron rod at the southwest corner of Lot 2, Block 1, French Addition, Vol. 388-157, Pg. 80, P.R.T.C.T., for an angle point; THENCE S 27° 03' 58" E a distance of 308.31 to a found 5/8" iron rod in the north R.O.W. of Walter Street for a corner; THENCE S 88° 57' 32" W, with the north R.O.W. of Walter Street, a distance of 227.49 feet to the Point of Beginning and containing 1.906 acres (83,037 square feet) of land more or less. . 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T ] J ~~BII~2 t::~ ~~ tj mrrn\<'fJ-f n 1- I IT Ill- -- c:: np~X ' 1 T I I-H t=J =;:: E~' f- r-YIm TTi r - 11 I r-tj ~ I ~'f-r~' "T'J '- f 111 1\ : § ßI;t1E; L_ _" ~ ~ Fri m lì- L P?¡:: t:ÊI,-:9 ~""j Ë I -'"" g } [ ~F~~R~~f~ ~ ~ 1 r-f f .J"r'~r- t:} ~ '-- ~ T ..--J- r ~ I w~~~4~~'E -'~ ~}( I l' ! s I í ! ¡ ¡ ! I Prepared by Planning 01/26/06 ¡ L-... NRH ZC 2005-22 AG to R-1 Clift Additiofl ~Feet o 250 500 " JOO . . NOTICE OF PUBLIC HEARING CITY OF NORTH RICH LAND HILLS CITY COUNCIL Case #: ZC 2005-22 Applicant: Cozy Water Properties, Inc. Location: 6900 Block of Clift Street (1.9 acres) You are receiving this notice because you are a property owner of record within 200 feet of the properties shown on the attached map. Purpose of Public Hearina: . A public hearing is being held to consider a request from Cozy Water Properties, Ltd. to rezone the above property from "AG" Agricultural to "R-1" Single Family Residential District. The Planning and Zoning Commission has recommended approval of this request. Public Hearina Schedule: Public Hearing Date: CITY COUNCIL MONDAY, FEBRUARY 13,2006 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Time: Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . . Ellen Gilchriest 6517 Starnes Rd Watauga, TX 76148 J R Holland 6832 Clift St N. Richland Hills, TX 76180 Lois Baker 8808 Amundson Dr N. Richland Hills, TX 76180 Randy & Ginger Burton 6921 Clift St N. Richland Hills, TX 76180 . . Property Owner Notification List J B Anderson RR 1 Box 39 Saint Jo, TX 76265 Mary & Daniel Munoz 6901 Clift St N. Richland Hills, TX 76180 Ray & Carmen Mitcham 8661 Madison Dr N. Richland Hills, TX 76180 Scott Brandt 8908 Amundson Dr. N. Richland Hills, TX 76180 Edith Thames 6901 Walter St N. Richland Hills, TX 76180 Robert & Alison Moseley 6925 Clift St N. Richland Hills, TX 76180 David & Karen Reynolds 8648 Madison Dr N. Richland Hills, TX 76180 . . . Excerpt from the January 19,2006 Planning and Zoning Commission Minutes ZC 2005-22 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM COZY WATER PROPERTIES, INC. FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 6900 BLOCK OF CLIFT STREET - 1.906 ACRES). APPROVED Dave Green, presented ZC 2005-22. This is the third time this property has come before the Commission. The current request is to go from "AG" Agricultural to "R-1 Single Family Residential. "R-1" requires a minimum 13,000 sq. ft. lot with a minimum 2,300 sq. ft. residence. The next item on the agenda is a final plat for this same tract of land. The applicant is requesting three lots for this subdivision. Staff recommends approval of ZC 2005-22. Chairman Davis opened the public hearing and asked the applicant to come forward. David Cole came forward. Since the Commission is familiar with this property, Mr. Cole explained the changes only. The zoning is for all "R-1 zoning as the neighbors have requested. The final plat is for three lots. The first lot has changed from the previous request to be slightly larger. Instead of being square with the adjacent property line it extends back into Lot 2 to meet the 13,000 sq. ft. minimum. Lot 2 is % an acre and Lot 3 is an acre. Another change in the final plat is the increased setbacks. The setbacks will be lO-ft. from the center of the road and the road is 20-ft. wide. There will be deed restrictions on the property requiring 100% masonry, side or rear entry garages with concrete driveways completed to the street. Tree replacement will be more than what the City requires. A number of the neighbors have signed a document stating that they support this plan. Several neighbors do not oppose this plan but will not actively support it. One neighbor stated that he will not support any homes as he prefers it to remain an open field, but he realizes that three lots is acceptable and will not oppose it. All of those that have said that they don't oppose signed a petition in July stating that they supported all "R-1" zoning with no more than three lots. Mr. Burton, 6921 Clift Street, came forward. Mr. Burton stated that he does support this request and it is a reasonable use of the property. Chairman Davis asked if there was anyone else wishing to speak in regards to ZC 2005-22. Being none, Chairman Davis closed the public hearing. Scott Wood, seconded by Brenda Cole, motioned to approve ZC 2005-22. The motion carried unanimously (7-0). . Zoning Exhibit . LOT 2. BI.OC1< 1 !"RENCH ADOmOH VOl. Jaa-tS7. PC. 80 P.R.T.C.T. \ \ VICINIT'( MAP (NTS) I ¡------- LOT t. BlOCK t FRENCH ADOmON VOl. Jaa-t28. PO. 82 P.R.T.C.T. R-1 \ \ \ J.B. Andenon VOl.. 2810. PO. 324 O.R.T.C.T. \ \ \\ \<" ~ .-,... {.. -lid o '0 20 :JØ .., ~~~ \ VOl. ~R.~.b~f. PO. In \ R- 1 ZONING / STATE OF TEXAS COUNTY OF TARRANT Mory ., Daniel Munoz In.t. 10204.3a8738 O.R.T.C.T. WHEREAS CozyWater Properties, Inc. is the sole owners of 0 tract of land out of the T. Martin Survey, A-lOSS. described by deed in Instrument #0205136589, and Instrument ID205136590 of the Deed Records of Tarrant County Texas. and being more porticulorty described by metes and bounds os follows: BEGINNING at Q found 1/2" iron rod at the intersection of the north Right-of-Way of Walter Rood and the east R.O.W. of Clift Street, said point being the southwest corner of subject property; THENCE N '2· 19' 39" W, with the west R.O.W. 01 Clift Street, 0 distance of 92.69 feet to Q found 1/2" iron rod for an angle point; THENCE N 24- 26' ,," W, continuing with the west R.O.W. of Clift Street, a distance of 149.60 feet to a found '/2" iron rod for on angle point; THENCE N 34· 06' 40" W, continuing with the west R.O.W. of Clift Street, a distance of 219.16 feet to a set 1/2" iron rod, capped "JDZ 2490", in the south R.O.W. of Amundson Drive for 0 corner: I, John D. Zimmerman, a Registered Professional Land Surveyor, do hereby certify that the foregoing plot was compiled from a survey madlt on the ground under my supervision and is correct. ~ ~"k.-~ THENCE N 55· 50' 35" E, with the south R.O.W. of Amundson Drive a distance of tOO.OO feet to a found 5/8" iron rod, capped "DOWDY", for 0 comer; THENCE S 31- 23' 03" E, deporting the south R.O.W. of Amunds~n Drive, a distance of 146.00 feet to Q found 1/2" iron rod for a corner: THENCE N 5So 27' 36" E a distance of 90.15 feet to a found 1/2" iron rod set in concrete for 0 corner; THENCE S 27· 35' 11" E 0 distance of 125.22 feet to a found 5/6" iron rod at the southwest corner of Lot 2, Block 1, French Addition, Vol. 386- 1 57, Pg. BO, P.R.T.C.T., for an angls point; THENCE S 27· 03' 58" E a distance of 308.31 to a found 5/8" iron rod in the north R.O.W. of Walter Street for a corner; ZONING EXHIBIT FOR Á TRACT OF' lAND OUT OF THE T. K. MARTIN SURVEY. ABSTRACT lOSS. TARRANT COUNTY. TEXAS. AND 8ÐNG A TRACT OF' LAND AS DESCRIBED IN DEEDS RECORDED IN VOLUME 14351, PAGE 13 AND INSTRUMENT I D20430216S, DEED RECORDS, TARRANT COUNTY, TEXAS THENCE S 88· 57' 32" W. with the north R.O.W. of Wolter Street, 0 distance of 227.49 feet to the Point of Beginning and containing 1.906 acres (83,037 square fe.t) of land more or less. DECEMBER 2005 . . . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Dave Green Council Meeting Date: 02-13-2006 Agenda No.D.1 Subject: FP 2005-18 Consideration of a Request From Cozy Water Properties, Inc. to Approve the Final Plat of Lots 1-3, Block 1 Clift Addition (Located in the 6900 Block of Clift Street - 1.906 acres) Case Summary: The applicant, Cozy Water Properties, Inc., is requesting approval of the Final Plat of Clift Addition. This subdivision plat proposes to subdivide the 1.9 acre tract into 3 residential lots in the 6900 Block of Clift Street. Preliminary Plat Approval: The Commission approved a preliminary plat for this site (ref. PP 2005-10) in July of last year. The Commission's approval placed a limit of 4 lots on the final plat. The applicant's plat meets this condition. Current Zoning: The site is currently zoned "AG" Agricultural. The applicant, however, has a request for "R1 n Single Family Residential zoning also on this agenda for consideration (ref. ZC 2005-22). Thoroughfare Plan: The majority of the site has frontage on Clift Street, a local residential street with 50' ROW. A small portion of the site has frontage on Amundson Drive, a future 4-lane, undivided, major collector street with 68' ROWand Walter Road, also a local street with 50' ROW. Right Of Way dedications are proposed along both Amundson Drive and Clift Street. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The proposed plat is consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Attached is a memo from the Public Works Department recommending this plat to be placed on the City Council agenda for consideration. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on January 19, 2006 recommended approval of FP 2005- 18 by a vote of 7 -0. Recommendation: Approve FP 2005-18. Review Schedule: Application: 9/12/0 Final Hearing: 2/13/06 Total Review Time: 22 weeks* * This plat was submitted just prior to the Council's second denial of the applicant's rezoning request (ref. ZC 2005-15) in October 2005. Because of the denial, processing of the plat was suspended until the applicant submitted the current rezoning request in December 2005. T . Planning Map . N l ,~4 ." w "~~.. .>. ,v....··· E '~rþ..., V s NRH FP 2005-18 Fitlal Plat Clift Adcfitioll Prepared by Planning 01/30106 ~Feet o 250 500 1.000 . ..... ø 10.0 :; ~ ...... - 0 [à r l [ L [ ~ . January 11 , 2006 MEMO TO: Carolyn Huggins, Planning Coordinator FROM: Caroline Waggoner, Engineer Associate SUBJECT: Clift Addition; Block 1, Lots 1-3 Final Plat; FP 2005-18 Public Works has reviewed the Final Plat submitted to this office on January 11 , 2006. We recommend placement on the next Planning and Zoning Commission meeting agenda. The applicant is aware that street escrow funds are to be paid prior to placement of this item on the appropriate City Council agenda, following approval by the Planning and Zoning Commission. . cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director CLW/pwm2006-010 . 1 . . . Excerpt from the January 19th Planning and Zoning Commission Minutes FP 2005-18 CONSIDERATION OF A REQUEST FROM COZY WATER PROPERTIES, INC. TO APPROVE THE FINAL PLAT OF LOTS 1-3, BLOCK 1 CLIFT ADDITION (LOCATED IN THE 6900 BLOCK OF CLIFT STREET - 1.906 ACRES). APPROVED Dave Green presented FP 2005-18. This is the final plat for the property that the Commission just took action on. The preliminary plat was approved in July 2005. Staff recommends approval of FP 2005-18. Mr. Shiflet asked if the driveway for Lot 1 could be on Amundson. Mr. Green responded that Staff reviews corner lots closely in order to determine a safe entry point. Chairman Davis suggested facing the house towards Clift and do a side or rear garage on the southern property line. Mr. Cole stated that Lot 1 is 100-ft. deep. The house will face Amundson with the driveway entry on Clift. Randy Shiflet, seconded by Don Bowen, motioned to approve FP 2005-18. The motion was carried unanimously (7 -0). . i~1;~ V.CI~TY '.IAP ,'ITS) :f;~;1~t;;· :~.. 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"{)LIoI . . . , CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Dave Green Council Meeting Date:02-13-2006 Agenda No.D.2 Subject: SP 2005-09 Consideration of a Request From Sterling Properties, JV to Approve a Site Plan for a Retail/Office Development (Tower Plaza) (Located in the 8500 Block of Davis Boulevard - 3.69 acres). Case Summary: The applicant, Sterling Properties JV, is requesting site plan approval of a 3.69 acre office / retail project (Tower Plaza) located in the 8500 Block of Davis Boulevard. Site plan approval is required because of the proximity of residential zoning to this site (R-2 immediately west of site). Existing Zoning: The site is zoned "C-1" Commercial. Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Service type- uses for this area. Neighborhood Service uses are designed to provide limited service and retail uses for the benefit of nearby residential areas. The proposed retail and office uses are consistent with the Plan. Thoroughfare Plan: The site has frontage on Davis Boulevard, a 6-lane, divided, principal arterial with 120 feet ROW. Plat Status: The site is not platted. Existing Site Conditions: The site slopes from the western boundary downward to Davis Boulevard. The site is vacant and characterized numerous mature trees within the western half of the site. Surrounding Zoning I Land Use: North: "AG", "0-1' C-2" / water storage tank East: "PD" / Wal-Mart, retail/restaurant, vacant South: "C-1" / Summit Bank West: "R-2", "AG"I Vacant (Future High Point Estates Addition), water storage tank Site Design Features: The following features are noted on the site, landscape and building elevation plans. Building Design and Materials: · The plan proposes a 17,290 square feet retail center and a 4,587 square feet office building; · The retail building is oriented toward Davis Boulevard, the office building is somewhat oriented toward the rear of the site; · Materials for both the retail center and office are primarily brick veneer with some synthetic stone accents; · The retail building must meet required architectural standards because of its size. The building does exhibit characteristics (decorative cornice, differing materials, accent lighting, canopies, medallions... etc.) that are consistent with the standards; . . . · The retail building exhibits a flat roof design while the office building has a standing seam metal roof design. Access and Parking: · The primary access point to the site is a 50 feet shared access easement (with Summit Bank) onto Davis Boulevard; · Secondary access to the site is provided by a 24 feet public access easement to Shady Grove Road (through Summit Bank site); · A 24 feet Fire Lane surrounds both buildings; · The site plan has been calculated (based on proposed uses) to require 123 parking spaces. The plan meets this requirement. Landscaping and Screening: · The landscape plan provides the required 15 feet landscape easement along Davis Boulevard. This easement will also function as a detention area similar to the one along Summit Bank's frontage. The proposed landscaping mimics that found with the bank as well; · The site plan makes use of existing mature trees along the western boundary of the site to meet landscape buffer requirements adjacent to residential zoning; · The parking lots are landscaped according to current regulations; · An 8' masonry wall is provided along the common boundary line between the site and adjacent future residential areas. This wall will be a continuation of the existing screening wall for Summit Bank; · The site notes 2 dumpster pad locations (one for each building). Each dumpster will be screened with the same materials as the rear masonry screening wall. Signage and Lighting: · A total of 9 exterior light standards are shown on the plan. Each light will be 22' 6" in height. The lights will contain 175 watt fixtures in both singular and dual fashion; · The plan also notes that the lights will be shielded or hooded so as to not shine in adjacent residential areas; · A single monument sign is proposed for the ingress/egress point from Davis Boulevard. The sign meets current sign ordinance regulations. Planning and Zoning Còmmission Recommendation: The Planning and Zoning Commission at their meeting on January 19, 2006 recommended approval of SP 2005- 09 by a vote of 7-0. Recommendation: Approve SP 2005-09. Review Schedule: Application: 6/27/05 Final Hearing: 2/13/06 Total Review Time: 33 weeks* * This project was suspended by staff for approximately 4 and one half months due to lack of response by the applicant. . Planning Map City of Keller . rr===fi r 111111111 j~ ,,~:r&=IIH J a· -. ~ ~ .~ ~: ::I~ - _/.J ~~ - --). ~ ~L;,þ ~: ~ ~ -~~ . §!r ) , I >: '- r- ~ t"~. I .!- - ~". \~~ : ';'1 - f - 'I Iß'~ U I J I L.../ ~ t'T~ 11 <f ::= ::: r.J v -~ ~ -- ~ I-- -~ ~ -~ :...- I-- """'- ¡.- -D,.i:: ~ ~ \ 11'¿ Ë I lJ..I.H - .....1 ¡ T\. ~E~~~TapW í ~~~~WB'E rti/ ..~. ~V~~~ EffiI§ v. n:1 ~~I r ~. íI ~ ~ ~1 7kR::: :::I~ It"""- - :~ ~ !Rj. ~ .~. t~ ~ :::: t :Ir I tt - ¡fr l\~ t:~~'\ ,"~rfll LH [\~~ 1:: ~- T I \ I~ :::1= i r\. ...... i;;;' - ,.... I I I ~_ t: - I IIII'---~ ~~~-~- ~ =~ ..f:-L-J. ~ - 1 · C -I- ~~ f::{JJIJ ~~'~:: ~::::. :"II'ï 1111 I r-_- - ""---- roo- ~ - ~- 'fl I I ~ ~ - - I I I: I J t í ~B~~ ~~ ~ I', / II JI -' T J ~iJ;~~ ~ City of Keller Crty of Colleyvilla N ;\ ì~t ", w ..,~~ ........... e ,< ~>( ,''- 5 NRH SP 2005-09 Site Plan Tower Plaza Prepared by Planning 01/30106 ru-u---l Fe at o 250500 1 .000 . . . . . ~.~.--. CITY OF NORTH RICHLAND HILLS MEMO TO: Carolyn Huggins, Planning Coordinator FROM: Gregory Van Nieuwenhuize, P.E., Assistant Public Works Director SUBJECT: SP 2005-09: Tower Plaza Site Plan DATE: January 13, 2006 Public Works has reviewed the Tower Plaza Site Plan dated as received on January 6, 2006, by the Planning and Development Department. This version of the Site Plan adequately addresses all of our previous concerns expressed to the applicant. Therefore, Public Works recommends the placement of this Site Plan (SP 2005-09) on the next Planning and Zoning Commission Meeting agenda. Upon approval by the Planning and Zoning Commission, with any stipulations the Commission may request, and the applicant properly addressing all outstanding issues at that point, we recommend the placement of this Site Plan on the subsequent City Council Meeting agenda. The above comments encompass only the comments of the Public Works Department regarding the Site Plan and not other members of the Development Review Committee. GVN/smm/pwm2006-016 . . . Excerpt from the January 19, 2006 Planning and Zoning Commission Meeting SP 2005-09 CONSIDERATION OF A REQUEST FROM STERLING PROPERTIES, JV TO APPROVE A SITE PLAN FOR RET AIUOFFICE DEVELOPMENT (TOWER PLAZA) (LOCATED IN THE 8500 BLOCK OF DAVIS BOULEVARD - 3.69 ACRES). APPROVED Dave Green presented SP 2005-09. This is a site plan approval for a combination office and retail complex known to be Tower Plaza. What is being proposed is a 17,000 sq. ft. retail building oriented toward Davis Boulevard and an office building proposal just under 5,000 sq. ft. The current zoning is "C-1" Commercial which supports both uses. This plan is before the Commission tonight because of the adjacent residential zoning. Mr. Green pointed out that there are a number of mature trees that are scattered throughout the site. The applicant has chosen to retain those trees along the west wall to utilize for the required landscape buffering along that area. In addition the applicant is going to extend the 6-ft. masonry wall that is located at Summit Bank towards the north to this tract of land. The plan meets the City's current standards. Staff recommends approval of SP 2005-09. Nick Ibarra, Sterling Properties, came forward. This property does present some unique challenges with some severe slope to it. There were some issues about what could be done with the property. The current landscape provides a natural buffer. Chairman Davis called for a motion. Don Bowen, seconded by Brenda Cole, motioned to approve SP 2005-09. The motion was carried unanimously (7 -0). . . . L. ! ,.., 5C.. n ~uw 100M"'-" Jr.1....~. êf.an~~sr:.n- F'o-:tœWfolCi( (S' lOT CN1Im 1It774 .Jl~ 1~ D" SITE DATA - IQUII!D 1/»1· ... 1(2111. .. I/UI). U '2.1 w.n IR'Ð -- 101. 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OJNSnl't'TION IXn UNœCAPE PL\N L1.1 · \ CITY OF NORTH RICHLAND HILLS DepartmentPublic Works Presented by: Mike Curtis Council Meeting Date:02-13-2006 Agenda No. E.1 Subject: PW 2006-003 Approve Engineering Agreement with Binkley & Barfield, Inc., in the amount of $60,000 for the design of Rufe Snow Drive (Loop 820 to Karen Drive) _ Resolution No. 2006-010 The design and construction of Rufe Snow Drive between Loop 820 and Karen Drive is the last remaining portion of Rufe Snow Drive south of Loop 820 to be reconstructed. This portion of Rufe Snow Drive will connect the recently constructed Rufe Snow Bridge Improvements with the recent improvements to Rufe Snow Drive south of Karen Drive. This project was saved as the last project in order to properly connect the City's Rufe Snow Drive Improvements with TxDOT's Rufe Snow Drive Improvements. Rufe Snow Drive south of Karen Drive to the city limits and Rufe Snow Drive north of Loop 820 to Mid-Cities Boulevard have been recently reconstructed to the widths identified in the current Thoroughfare Plan. This portion of Rufe Snow Drive (Loop 820 to Karen Drive) is the last remaining portion of Rufe Snow to be reconstructed between the southern city limits and Mid-Cities Boulevard; this section will be designed as the transitional section from the 8 lanes at the Loop 820 bridge structure to the 4 lanes at Karen Drive. The selection process used in determining the recommendation for an engineering firm to design this section of the Rufe Snow Drive Project began with a "Request for Statements of Qualifications" (RFQ's) being sent to 31 local engineering firms. Of these engineering firms, 9 firms responded with a Statement of Qualifications (SOQ's) expressing an interest in performing engineering services for the project. An engineering selection committee comprised of an Assistant City Manager, the Budget Director, the Finance Director and the Director of Public Works reviewed and evaluated the 9 submitted SOQ's which included design experience on past similar projects, current work load, estimated design schedule, etc. From the review and evaluation of the submitted SOQ's, the selection committee selected three firms for interviews. The three firms interviewed were: 1. Binkley & Barfield, Inc. 2. Birkhoff, Hendricks & Conway, L.L.P. 3. Teague, Nail and Perkins, Inc. The selection committee determined Binkley & Barfield, Inc., to be the best qualified firm for the design of the project. Binkley & Barfield had recently completed the design of the section of Rufe Snow Drive between Glenview Drive and Karen Drive and along with this experience, knowledge and their professional demeanor, staff has been given every indication that they will be responsive to all of the City's needs. . . . The Agreement for Engineering Services states that Binkley & Barfield will provide surveying, paving and drainage design, electrical design and construction administration for the construction of this portion of Rufe Snow Drive. The total engineering fee was negotiated to $60,000 which consists of a base design fee and a fee for special services (surveying, preparation of ROW documents, etc.). It is anticipated that the City will need to acquire six (6) parcels of land prior to construction of the improvements in this section. The identification and development of the legal descriptions for these parcels are included as part of the Agreement for Engineering Services. The engineering design portion of this section of the Rufe Snow Drive Project is identified as being funded in the 2005-2006 Capital Projects Budget. Recommendation: To approve Resolution No. 2006-010. 'lit . . . 13 Jut 05 '10'55 GIS_0527 5 Rufesnow-karen to 820 mxd ¡/( ...<;)v· ~~ :) ~ i ! ¿: ~ i £ o !> II ~ ~ I I ~ r--'-!HF.NC>;;"I/RES'N~ ~·-"-T. ···_..._·....····.........·_..~·-Ì.-£lUê'4ðS· en I i BROWNING DR ~ ì L---r-"__'-"-'-'''-'-~" ~ BRGWNING-9R--?1 I ' 1 ; OC ~ i 5 ~ \ . ~""~Rf.r"'-I~ ~ ~ o...-.->1Ia:t'f(o)P- t!f( \1 ~ ~ If! /L/ . i q¡CK UEWIS DR r" . , I Ð'GK'I:EWIS-Ð~-- I 1 Œ ~ o ~ ~, ~ ¡ \) 1 j --------+---- -~---.- ------ J _ . ~ . :------ t:H:-820-=-NE-tooQj320 _~~.._. ----- -.....:~... -----.... --~I' '--'-. ~-: - . :->8:: % i l 11-- E S DR a ~ v, ' . ~J.ÐOWlb\.KES- I i:.J E ) , -·-Tl ~~ ;~ f l f l III """"'''' .,,< ~ ~. ~ u ~ u LJ t(AR~~~ L'" ~I II ¡II '~AAO\:'C . "", '. ~~ Q . ,.:~O'M'4IOGEC.J -ð~:,.'- ~... ",-t i-jot...... .\ J" I _~ST.,.c;~ I I ~ - -""'. L"" "",--' I. ! ' \! \ ¡-""'.- ,- ~ --L:J :0 --L .- ----1"..u < /...,.... ~ ~ T:..ooeOOI ¡-- "" -- . ,,·e... "-'> ..J:..::: ~; t-1 RIVIERAi 0 -3~'~~:£:: ~¡ t~~:j r-L~.E.. ~:~e~~þ;t~~:H. 8?O) \ ,,,....... i I t: "'''''''''''''''''' l P;EA.~r·R[Xn:~ ~ I \ ~ ',\ 1 ~ ; ../ -,.¡-:r~~"·4i.l .. Þ' -- . VI£-U)RIA-Þo.Vf=---;', g ·'~'i./.J'~~·;'; "";., 1 L.~,.,..v.,,~! " '~-- ã ~ .' .. ¡ i ...',."'n.-mi------J ....., .(J¡-~~,~ILEY bR ..'<F>Ð" ~ I ./ /// / '. /" ,A\.. / "", <:~ <ô ,('\\ \ ;tJ 10 f-c._s.. I ¡ ¡ L ....-...--............ i ;:t~çu:V!{w.~P·_,~':t:.t:~Y fW t;~ -TA8ei !.';¡.T ----, -TA~)A5"!'__. I '---- ~ ;.-TtJ"'~H:.~-!f-¡. - - Scale: 1" = 800' 41 SAt¿}· Rufe Snow Dr. (Karen Dr. to I.H. 820) N w E s N@RTH RICHLAND H ILLS PrOject Locator Map \ ./A~ '.... 1I"I~0c'f':'\.ac (Jl1 ,"~('.¡OC~S Deøa."1J'r«1I . (; S . . . RESOLUTION NO. 2006-010 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1 . The City Manager be, and is hereby authorized to execute the attached Engineering Agreement with Binkley & Barfield, Inc. for design of Rufe Snow Drive (Loop 820 to Karen Drive) as an act and deed of the City. PASSED AND APPROVED this the 13th day of February, 2006. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director . Relevant Excerpts From Engineering Agreement Attached . (Full Engineering Agreement available for review in City Secretary Office, 23 pages total) . . . . . AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and Binkley & Barfield, Inc., a Texas corporation, acting by and through Fred Balster, P.E., its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Rufe Snow Drive Construction Project located between Loop 820 and Karen Drive. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Rufe Snow Drive Construction Project located between Loop 820 and Karen Drive in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto . . . and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. v. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed Sixty Thousand Dollars ($ 60,000.00). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. . EXHIBIT A PROJECT SCHEDULE FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activitv Due Date Pre-Scope Meeting March 15,2006 Complete Preliminary Plans May 16, 2006 Identify Necessary ROW June 16, 2006 Complete Final Plans July 16, 2006 . Advertise for Construction Bids July 2006 Open Construction Bids 1 st Week of August 2006 Begin Construction Beginning of September 2006 Schedule subject to City reviews, utility coordination, and TxDOT reviews. . EXHIBIT F . COMPENSATION FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. A. BASIC ENGINEERING SERVICES Compensation for the Basic Services: Design and Construction Phases of the PROJECT, shall be based on a lump sum basis. The following schedule: . Paving Plans $ 20,000 LS Street Lighting $ 4,000 LS Traffic Signals $ 12,000 LS Traffic Control Plans $ 4,000 LS Bid Phase $ 2,000 LS Construction Phase $ 2,000 LS Total $ 44,000 Payment to the ENGINEER shall be due in monthly installments based on the percentage of services completed. B. SPECIAL ENGINEERING SERVICES Right-of-Way exhibits shall be paid on a per each basis, with six exhibits budgeted. Compensation for the Design Survey and Control Survey shall be based on a lump sum basis on the following schedule: . Design Survey $ 7 ,000 LS . Control Survey $ 1 ,000 LS ROW Exhibits (6 @ $,1000 ea) $ 6,000 EA Expenses $ 2.000 LS Total $ 16,000 C. TOTAL COMPENSATION $ 60,000 II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provIsions of this Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. . If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). . , , CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date:02-13-2006 Agenda No.F.1 Subject: PU 2006-014 Award of Bid to AUI Contractors in the Amount of $1 ,096,200 for the Construction of the Catering Kitchen and Groups Pavilion Area at NRH20 _ Resolution No. 2006-012 The approved Aquatic Park Capital Improvement Program includes funding for the design and construction of the Catering Kitchen and Groups Pavilion Area at NRH20. Improvements include construction of a kitchen building designed to specifically meet the catering needs of group guests as part of the first phase of expanding NRH20's food and beverage offerings. The Groups Pavilion Area portion of the project includes the addition of large pavilions that will provide seating to be used for group outings and general seating. The group pavilion area has been designed to allow for off-season use by employing innovative fencing applications. The catering kitchen portion of the project included funding for design, construction and purchase of kitchen equipment for the building. Much of the kitchen equipment, such as cooler and freezer, were included in the construction of the building. After reserving adequate funds to complete the purchase of the remaining equipment, the total funding available to complete the project is $874,300. Seven bids were received for the project on January 30, 2006 as follows: Bidder AU I Contractors Vortex JC Commercial Hidalgo Industrial Reeder General Contractors Pete Durant Fain Group Bid Amount $1,096,200 $1,229,000 $1,238,000 $1,453,863 $1,508,000 $1,546,000 $1,996,944 Although the lowest overall bidder is AUI Contractors, their bid of $1,096,200, is $221 ,900 greater than the available funding of $874,300. Given that AUI Contractors bid is the lowest and the City's desire to complete the project, staff has carefully reviewed the plans and specifications with the architect and representatives from AUI Contractors to determine what could be modified without sacrificing function, aesthetic and operational expectations of the overall desired product. As a result, a deduct change order is being considered to bring the contract within the budget. The total amount recommended for reduction from the contract is $239,086 and can be done so in the following manner: e Plumbing and Electrical Landscape and Site Work Remove One Pavilion Building Material Modifications Use Existing Fire Lane in Lieu of New Concrete General Conditions $30,900 $61,300 $73,572 $6,033 $18,000 $49,281 $239,086 Total Deduct Change Order Amount Within the deduct amount for landscape and site work, as shown above, is the removal of landscaping from the construction contract. If approved, executing the deduct change order will leave a balance in the account which will be used to purchase the material directly and allow staff to provide the necessary labor to complete the landscape work in-house. Although the three pavilions were included in the construction plans, in order to ke~p the project within available funding, staff measured the impacts of deleting one of the pavilions from the contract. Functional and operational impacts were evaluated and staff found that by using rectangular tables with individual chairs in lieu of picnic tables w~th bench seating, the remaining two pavilions could still provide for the necessary seatrng capacity to accommodate the large corporate groups as originally projected. e The general conditions deduction includes a $15,000 credit for a two week extension from the original completion deadline, revising the completion date to June 9th. The contract does also include monetary incentives for completion as early as May 19th, The contractor understands the City's time constraints and fully expects to have substantial completion prior to Memorial Day. Assuming the recommendation to award the bid to AUt Contractors is approved, the following agenda item has been prepared to approve a change order reducing the amount of the contract. The reduction of $239,086 will effectively bring the project within the available funding of $874,300, leaving a balance of $17, 186 allowing staff to purchase and install plant material in-house. Upon execution of Change Order No.1, the revised contract amount will be $857,114. AUI Contractors is a Fort Worth based company with experience in park construction. AUI is the contractor that completed the construction of the Linda Spurlock Playground Expansion Project, which was done on time, under budget and they provided a very high quality product. Recommendation: To approve Resolution No. 2006-012. e NRH e RESOLUTION NO. 2006-012 THAT the City Manager is hereby authorized to ap.prove a construction contract with AUI Contractors in the amount of $1 ,096,200 for construction of the Catering Kitchen and Groups Pavilion Area at NRH20, as the act and deed of the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS THAT: PASSED AND APPROVED THIS 13th OF February, 200~. ATTEST: CITY OF NORTH RICH LAND HILLS: e Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Lattice, Director of Parks & Recreation e e e e ~ ~ " / CITY OF NORTH RICHLAND HILLS Department:Parks and Recreation Presented by: Vickie Lottice Council Meeting Date:02-13-2006 Agenda No.F.2 Subject: PU 2006-015 Approve Deduct Change Order #1 to the Construction Contract with AUI Contractors in the Amount of $239,086 - Resolution No. 2006-013 . The approved Aquatic Park Capital Improvement Program includes funding for the design and construction of the Catering Kitchen and Groups Pavilion Area at N.RH20. Seven bids were received for the project on January 30, 2006 as follows: Bidder AU I Contractors Vortex JC Commercial Hidalgo Industrial Reeder General Contractors Pete Durant Fain Group Bid Amount $1,096,200 $1,229,000 $1,238,000 $1,453,863 $1,508,000 $1,546,000 $1,996,944 The base bid for submitted by AUI Contractors, in the amount of $1,096,200, is $221,900 greater than the available construction funding of $874,300. Given that AUI Contractors bid is the lowest and the City's desire to complete the project, staff has carefully reviewed the plans and specifications with the architect and representatives from AUI Contractors to determine what could be modified without sacrificing function, aesthetic and operational expectations of the overall desired product. As a result, a deduct change order has been prepared to bring the contract within the budget. The total amount reduced from the contract is $239,086 and can be done so in the following manner: Plumbing and Electrical Landscape and Site Work Remove One Pavilion Building Material Modifications Use Existing Fire Lane in Lieu of New Concrete General Conditions $30,900 $61 ,300 $73,572 $6,033 $18,000 $49,281 $239,086 Total Deduct Change Order Amount Within the deduct amount for landscape and site work, as shown above, is the removal of landscaping from the construction contract. If approved, executing the deduct change order will leave a balance in the account which will be used to purchase the material directly and allow staff to provide the necessary labor to complete the landscape work in-house. e e e Although the three pavilions were included in the construction plans, in order to keep the project within available funding, staff measured the impacts of deleting one of the pavilions from the contract. Functional and operational impacts were evaluated and staff found that by using rectangular tables with individual chairs in lieu of picnic tables with bench seating, the remaining two pavilions could still provide for the necessary seating capacity to accommodate the large corporate groups as originally projected. The general conditions deduction includes a $15,000 credit for a two week extension revising the completion date to June 9th. . The deduct change order, in the amount of $239,086, will effectively bring the project within the available funding of $874,300, leaving a balance of $17,186 allowing staff to purchase and install plant material in-house. The attached sheet details the changes as summarized above. Upon execution of Change Order No.1, the revised contract amount will be $857,114. Recommendation: To approve Resolution No. 2006-013 NI~H e RESOLUTION NO. 2006-013 THAT the City Manager is hereby authorized to approve Deduct Change Order #1 to the construction contract with AUI Contractors in the amount of $239,086, as the act and deed of the City. , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH lAND HillS, TEXAS THAT: PASSED AND APPROVED THIS 13th OF February, 2006. ATTEST: CITY OF NORTH RICH LAND HILLS: Patricia Hutson, City· Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney e APPROVED AS TO CONTENT: Vickie Lattice, Director of Parks & Recreation e 4IIÞ ' I e en z o - ..J :;; ~; 0:: a.w ::>0 00:: o::~ C)C> z Cct zJ: <C~ C)O ZE -w Co ::!z ::>- m~ C)~ z~ -z 0::- w~ ~~ oCIJ z 0« N..J :tD.. o::~ ZCi5 e Ii 0 J \ w ~: JK o ~~/ AP:.~ ~:~ ~~I -.J t ! i ~=\ I \ :. j I I' I \'\ \\:--. ,.~.:::, '<1'~' I' I I I I' I ¡ I ¡ i ! ! ! i I ; I .. CITY OF NORTH RICHLAND HILLS Department:City Manager's Office Presented by: Karen Bostic Council Meeting Date:02-13-2006 Agenda No.F.3 Subject: GN 2006-017 Consider 2006 Federal Legislative Program Attached is the proposed Federal Legislative Program for 2006. The program is guided by four primary principles. These principles are: 1. Support for Local Control; 2. Insuring a predictable and sufficient level of revenue to manage local affairs; 3. Opposition of unfunded federal mandates; 4. Support for legislation that increases quality of life for citizens of North Richland Hills. The City's positions on various current issues are also outlined in four categories as follows: Protecting Local Programs, Powers and Revenues ~ Internet Sales Tax ~ Telecommunications and Information Technology ~ Transportation Issues ~ Community Development Block Grant Program Funding Issues ~ Justice Assistance Grant Protecting the Homeland ~ Local Homeland Security Priorities ~ Public Safety and Collective Bargaining Unfunded Mandates ~ Amusement Park Regulation ~ Immigration Reform Sustaining Federal Support for Critical Municipal Programs ~ Water Infrastructure Financing Recommendation: To approve GN 2006-017 approving the North Richland Hills 2006 Federal Legislative Program. · e e NRH City of North Rich/and Hills 2006 Federal Legislative Positions · e e FEDERAL LEGISLATIVE INTRODUCTION Throughout history, the United States Congress has created laws and policies that greatly affect the administrative and political decisions of local governments throughout the country. The City Officials of North Richland Hills would like to state definitive opinions on some of the issues at the federal level including local control,· public safety and unfunded mandates, and to provide our positions with some background and reasoning for such positions. The City of North Richland Hills uses four primarv principles in rendering its opinions on legislative issues. These are: 1. We will vigorously oppose any leaislation that erodes the authority to Qovern our own local affairs. 2. Cities represent the level of aovernment closest to the people. We bear primary responsibility for the provision of capital infrastructure and for "ensuring our citizens' health and safety. Thus, we must be assured of a predictable and sufficient level of revenue. 3. We will oppose the imposition of any federal mandates, which do not provide for a commensurate level of compensation. 4. We will support leaislation that increases the Quality of life for our citizens. This includes legislation that will not only provide an equitable amount of revenue for our city, but also provide equitable services that will encouraae pride and arowth in our community. Other issues will arise in the future. This document will be amended and updated to suit the most current and important issues. However, if an issue arises that is not included in this position paper, we urge our Congressional delegaton to keep our guiding principles in mind as they make important decisions concerning our future. · TABLE OF CONTENTS FED E RAL LEG I S LA TIVE IN TR 0 D U CTI 0 N . . .. . . . . . . . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · .. · ... 2 PROTECTING LOCAL PROGRAMS, POWERS AND REVENUES.................4 I nte rnet Sa les Tax... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . . . . . . . . . . . . . . . . . . .4 Telecommunications and I nformation Technology... .. . . . . . . . .. . .. . . . . . . . · . . . . . .. . · .. . · · · 5 T ra n s porta t ion I ss u es .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · · · · . · · · · . · . · · · · · · . · · · .. · · · 7 Community Development Block Grant Program Funding Issues......................8 Justice Assistance Grant... ... ... . . . . .. . .. . . . ... . .. ... ... ... ... ... ... ... .. . .. . ... . .. · .. ... ... . .. .8 P ROTE C TIN G TH E H 0 M ELAN D . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · · · · · · · · · · · · · · · .. · · 1 0 Local Homeland Security Priorities........ . . . . . . .:. .. . .. . .. . . . . . . . . . . .. . .. . . . . . . . . . . . · . . .. . . . 10 Public Safety and Collective Bargaining... . .. .... ., ... .., ... ., . .., ... · .. · .. ... .. · ... ... .. · .11 UNFUNDED MAN DATES. ....... ...... ... ...... ... ~'..... ..... ... ......... ... · .. ... ...... ... .. .12 Amusement Park Regulation... . . . . . . . . . . . . . . . . . . ... . . . .. . . . . . .. . . . .. . .. . . . . . . . . . . . . . . . . . .. . . . 12 1m m i g rati 0 n R efo rm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · · · · · . · · · · · · · · · · · · · · · · · · · .. 12 e SUSTAINING FEDERAL SUPPORT FOR CRITICAL MUNICIPAL P R OG RAMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · · · · · · · .. · · · · · · · · · · · · · · .. .14 Water I nfrastructu re Financing... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . . . . . . . . . . . . · · . . . .14 CONTACTS... . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · · · · · .. · · · · · · · · · · · · · · · · · · · · .. .15 City of North Rich I and Hills.......................................····························· 15 Mayor and City Council... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . .. .. . . . . . . . ... . . . . . . . . . .. . ... . · . . . . .15 e · e e PROTECTING LOCAL PROGRAMS, POWERS AND REVENUES Internet Sales Tax State and local governments continue to rely heavily on sales tax. As cities face the prospect of appraisal and revenue caps on property taxes from state legislatures, including Texas, the reliance on sales tax will only continue to increase. In the City of North Richland Hills sales tax comprises almost one-fourth of the revenues that support our aeneral fund budaet. Sales tax also supports special districts such as Crime Control and Prevention. and special proiects such as the development of parks and recreation facilities. Migration of sales tax to the Internet, combined with the difficulty in collecting sales tax for remote sales transactions, has resulted in erosion of the local sales tax base. This trend will only co~tinue as the popularity of internet shopping increases and the internet sales tax moratorium continues. A reaction to this growing concern was the creation of the Streamlined Sales Tax Proiect. When the project was originally conceived it was seen as a way for states and cities to capture sales taxes on remote sales, such as catalogue and Internet purchases. Texas cities were initially supportive of the Streamlined Project because all signs pointed to changes in state law that would affect only interstate remote sales. The current Streamlined Sales Tax Agreement requires all participatina states to adopt point-of-destination sales tax sourcina for intrastate sales as well as interstate/remote sales. As a result, the State of Texas has not joined the Streamlined Sales Tax Aareement (SST). Texas supports keeping origin sourcing for intrastate sales and point-of-destination sourcing for interstate sales. In December, 2005 Senator Michael B. Enzi of Wyoming introduced SB 2152 that would activate the Streamlined Sales Tax Agreement within those states who are participating in the SST Project. The adoption of this federal leaislation would neqativelv impact Texas bv pre-emptina adopted State Law to protect intrastate commerce. Senator Enzi's bill would be harmful to Texas cities for three reasons. First, it-would result in the shiftina of revenue from oriain cities to destination cities resultina in the loss of sales tax revenue to local aovernments. According to the Coalition for Appropriate Sales Tax Law Enactment a change to destination sourcing would cost over $150 million annuallv in sales tax revenue. Second, it is possible that Texas cities will see a net loss in sales tax revenues overall because there would be no city sales taxes collected on goods shipped from incorporated areas to unincorporated areas of Texas. Third, the administrative costs for such a program would be extremely high. Tracking which jurisdiction the sales tax should go to would be costly, inefficient and timely for all involved. . e e The City of North Richland Hills and the state of Texas are not alone in their opposition to legislation that changes sourcing from origin to destination. Other origin sourcing states including Washington, Utah, Kansas, Tennessee, Ohio, California, Illinois, and Virginia have all expressed reservations about a change. Texas, California, and Virginia alone have a greater combined population than the "member" states now promoting the federal legislation. . North Richland Hills supports the application of sales tax on applicable ~roducts and services ~urchased throuah electronic commerce to preserve the local tax base. . North Richland Hills op¡)oses any legislation that would include point-of- destination sourcing for both interstate and intrastate sales. . North Richland Hills supports any legislation that applies destination sourcing to interstate/remote sales only. . North Richland Hills uraes the United States Congress to include in 58 2152 or any similar legislation to allow origin sourcing for intrastate sales and apply destination sourcing to internet/remote sales only. Telecommunications and Information Technology The existence of an affordable and modern communications infrastructure is extremely beneficial to local governments and their citizens. Modern communications infrastructures have increased productivity, spurred economic development opportunities, and improved the quality of life for citizens. Communications and information technology have become essential to efficient, equitable, and affordable health care, social services, public safety, education and job training, transportation and other lifeline services. The City of North Richland Hills supports telecommunication and information technology policies that allow new technologies to flourish while keeping the traditional local regulatory authority in tact. The ability of municipalities to protect the health, safety and welfare of their residents should not be undermined by diminishing local authority to manage public rights-of-way, to zone, or to collect fair and adequate compensation for the use of public assets. The regulation and oversight of basic telecommunication services are important prerogatives for local governments to advance community interests. This includes the provision of high quality basic services that meet local needs and are available at affordable rates to all residents and consumers. Local government officials across the nation agree that it is important for municipalities to be fairly compensated by the telecommunication and cable industries (voice, video, data, and all other services delivered over cable, telephone, fiber optic, wireless and all other platforms) for the use of public rights-af-way. Local governments must maintain . e e the rights-of-way to ensure the health and safety of their citizens, to minimize service disruptions to the public, to protect public investments in the rights-of-way, to assure the correct placement of service lines, to regulate the placement of service facilities and to realize the value of this public asset. The underlying principal is the fact that the use of publicly-owned rights-of-way is a privilege, not an entitlement flowing from the Federal Telecommunications Act. Therefore, local governments are legally and ethically obligated to control and charge for the use of rights-of-way. The telecommunications industry continues its objective to avoid compensating local governments through asking the United States Congress, the Federal Communications Commission, and state legislatures to limit or eliminate local control. Such changes could result in a loss of UP to $760.000 to the City of North Richland Hills. In recent years technology has allowed cable and video services to be provided through multiple delivery methods. As a result, telecommunications companies have expanded into the cable and video industry and have created a movement to change laws governing how cable service is provided within a local government from a single provider per community to multiple providers per community. During the 79th Texas Legislative Session, the Legislature passed Senate Bill 5 which created a state-wide cable franchise process and eliminated the local cable franchises as we know them. While Senate Bill 5 diminished a municipality's local control it kept key aspects of the local franchise process in tact. These key aspects included a 5% franchise fee for the use of local rights-of-way, police powers over local rights-of-way, and the ability to continue broadcasting Public Educational and Governmental (PEG) Channels. The City of North Richland Hills recognizes a similar effort is being made at the federal level and would urge the United States Congress to adopt the Texas model for any cable/video franchise legislation. . North Richland Hills will oppose any leaislation that will restrict the ability to manaae our riahts-of-wav. We also oppose anv efforts to allow riahts-of-waV users access without appropriate compensation to the City. Rights-of-way represent a valuable asset to municipalities and must be managed as such. . North Richland Hills supports legislation that addresses several concerns that cities have, including: · Safeguards to ensure that city revenue streams are not reduced · Grandfathering of existing state and local taxes, as not to harm current revenue streams · Allowing just compensation for all telecommunications services, including voice over Internet protocol (VoIP), which utilizes city rights-of-way. · Federal cable/video franchise legislation that adopts the Texas model (Senate Bill 5). . e - Transportation Issues State and local governments develop long-range transportation plans to reduce traffic congestion and improve air quality. Many transportation projects are funded using financing techniques that anticipate federal revenue so that a project can be completed in a timely manner. The passage of SAFE-TEA LU during the first session of the 109th Congress was essential to state and local government's long-range transportation planning because it provided dollars and an avenue to allocate federal funds to state and local governments for transportation projects. In Northeast Tarrant County funding for the expansion of Interstate Highway 820 from State Highway 26 to Interstate Highway 35 West will greatly improve traffic flow, improve air quality, and spur economic development along that corridor. New federal funding for the Northeast Transportation Service, an on demand transportation service for disabled and senior citizens, will ensure that vital service will c.ontinue to operate. While SAFE-TEA LU addresses most needs in our region, we still strive to improve traffic flow and resolve air quality challenges. Mass transit and rail service funding increases will provide relief for highway demands while helping. to address air quality issues. Currently, the Dallas-Fort Worth region has a regional rail project under study, including the Cottonbelt Railway - an east west rail line that will connect Fort Worth, Dallas Fort Worth International Airport, and North Dallas. Providing additional funds for mass transit and rail service proiects and expediting the process to begin these projects could significantly benefit the area and help improve air quality and traffic congestion of the entire Dallas-Fort Worth Metroplex. . North Richland Hills uraes Congress to pass legislation to provide funding for the expansion and continued support of regional rail projects and other particulars involved with intermodal transportation including small urban transit providers such as the Northeast Transportation Service. . . . Community Development Block Grant Funding Issues Providing quality neighborhoods and housing for all Americans by continuing successful programs such as the Community Development Block Grant (CDBG) is important to the City Council of North Richland Hills. CDBG successfully mobilizes resources addresses housing, community development,économic development, and physical infrastructure needs. CDBG has become instrumental in helping older communities within major metropolitan regions address critical issues such as aging infrastructure, housing rehabilitation, and services to senior citizens. After 32 years this program remains successful and continues to demonstrate a strona federal-local partnership that must be sustained. Over the last two years North Richland Hills has witnessed a decrease in COSG funds. The City saw about a 5% reduction for Fiscal Year 2005 and approximately 10% less for Fiscal Year 2006. CDBG funds are. vital to the continued success of our neighborhood revitalization initiatives. It is crucial that we have a reliable source of funds to continually invest in the future of o~r community. Last year, proposals were made to eliminate the CDBG program and combine it into the "Strengthening America's Communities" Grant. While CDBG-.managed to survive, funding for the program was cut significantly. CDBG funds have allowed the City of North Richland Hills to improve street conditions in qualifying neighborhoods, institute a housing rehabilitation program, expand and improve senior center facilities, and enhance the Northeast Transportation Service (NETS), an on demand transportation service for senior and disabled residents. . North Richland Hills supports the continuation of this proaram at current and/or increased levels, as this program has been and will continue to be important in fundina revitalization efforts within our community. . North Richland Hills opposes any budaet proposals that seeks to combine. eliminate or reduce community development proarams that have continually proven to be effective in redeveloping deteriorating areas of cities across the country. Justice Assistance Grant (JAG) In recent years the United States Congress combined the Local Law Enforcement Block Grant (LLEBG), along with other local law enforcement grants, into the Justice Assistance Grant (JAG) Program. For many years the City of North Richland Hills has received funds from the LLEBG program. These grant funds provided police vehicles, police motorcycles (which have been crucial to traffic control and enforcement in our City), and a school resource officer to provide public safety in our schools. Overall, LLEBG funds assisted North Richland Hills in lowering the crime rate by providing the City with funds to help obtain the necessary tools to protect our City. . . ~ Since the creation of the JAG program North Richland Hills has seen drastic cuts in these funds. The JAG grant provided the City with only $11,000 in funds last year (compared to several years ago when the City received almost $40,000). The City was required to pass on $1,900 of the $11,000 to Tarrant County to help fund a Metropolitan Narcotics Intelligence Crime Unit (MNICU) that serves the entire county. Although the MNICU is important, direct federal crime prevention assistance to the City is an important component of the public safety program in North Richland Hills. It provides additional resources for the necessary equipment and staff to better serve our community. We realize that the LLEBG may never be reinstated, but more funding for the JAG program to North Richland Hills and cities across the country are needed to make the program effective. · North Richland Hills uraes the United States Congress to increase the funding of tlJe JAG program to the equivalent to that of prior years under the former Local Law Enforcement Block Grant. . . f" PROTECTING THE HOMELAND Local Homeland Security Priorities Since September 11, 2001, North Richland Hills and many other local governments have taken on an even larger roll in providing for homeland security. Local governments are the first level of government to respond to most disasters and emergencies and must be regarded as the focal point of all disaster mitigation and recovery activities. In the devastating wake of Hurricanes Katrina and Rita we again saw how local governments are the first level of government to respond and are the focal point of natural disasters. Millions of evacuees from New Orleans Parish and the Gulf Coast were left homeless and stranded far from their communities. It was local governments across this nation who took them in and provided food and shelter. Although funds have been appropriated as grants to first responders, the United States Congress has provided a relatively small level of funding for programs needed for local homeland security priorities. The federal government should provide increased funding directly to local governments for homeland security, emergency and disaster preparedness as well as emergency response to allow first responders the opportunity to efficiently and effectively secure grant dollars. The federal government should also provide more guidance as to the specific roles and responsibilities of federal, state and local governments in responding to natural disasters and threats. . The City of North Richland Hills calls on the United States Congress and the Federal Government to provide more auidance as to specific roles and responsibilities between levels of aovernment when respondina to natural disasters and threats. . The City of North Richland Hills supports an increase in direct federal fundina to local governments for preparedness and response training, threat assessment, communication systems, public health systems and critical infrastructure protection. During hurricane Katrina local authorities forced people to evacuate without their pets. In the end both people and animals suffered. The Pets Evacuation and Transportation Standards Act (PETS Act) (originally introduced into the House at H.R. 3858) requires state and local authorities to include pets and service animals in their disaster evacuation plans. By planning for the evacuation of these animals local governments could help save thousands of people and pets from anguish and even loss of life during future disasters. . North Richland Hills supports the PETS Act and uraes the United States Congress to pass this bill into law. . . . Public Safety and Collective Bargaining During the 109th Congress federal legislation was proposed that would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. During the 79th Texas Legislative session similar legislation known as Meet and Confer (House Bill 204 and House Bill 2892) were passed into law. Meet and Confer allows a representative police or fire association in cities with a population of 50,000 or more, to meet and confer on any issues related to their employment. This can only be initiåted through a petition of the association with final authorization by the governing body or through a certified election. To pass a similar law at the federal level would simply be a duplication of effort. Furthermore, this type of legislation would negate the labor protection laws of the . states, labor agreements of states and municipalities, existing civil service systems and the North Richland Hills Personnel Procedures. . . North Richland Hills believes that the federal aovernment should not undermine municipal authority with respect to makina fundamental emplovment decisions. North Richland Hills also believes, with the passage of similar legislation in Texas, that this is a state issue and not a federal issue. North Richland Hills opposes federal legislation which sinales out a class of municipal emplovees to be provided special baraainina riahts, and pre-empts investigative and disciplinary procedures that are already in place under civil service systems and the "Meet and Confer" laws of Texas. . . . UNFUNDED MANDATES Amusement Park Regulation In the wake of several accidents at amusement parks across the nation over the last few years, there have been new efforts made to enact new federal legislation governing amusement parks. During the first part of the 109th session, proposed legislation included increased federal regulatory powers over such establishments and unfunded mandates imposed upon amusement parks requiring e~pensive upgrades to equipment and facilities without additional compensation. During the first half of the 109th Congress the National Amusement Park Ride Safety Act was introduced. This legislation's objective was to amend the Consumer Product Safety Act to extend the definition of consumer product to include amusement rides permanently fixed to a site (thereby granting the Consumer Product Safety Commission jurisdiction over such rides). Although this particular piece of legislation never made it out of committee, it would have directly place unfunded mandates on communities across America who own and operate amusement/entertainment venues includ"ing the City of North Richland Hills. Any similar legislation would pose the same problems . North Richland Hills opposes any new efforts to pass leaislation that increases the reaulatorv powers of the federal aovernment over amusement parks. The City is opposed to such legislation because of the eroding effect it has on our authority to govern local affairs. This program would also create an unfunded mandate by increasing financial liability without providing adequate funds to reimburse local governments that may operate fixed amusement rides. We believe the current reaulatorv structure as it applies to fixed-site amusement parks is sufficient to protect aaainst safety risks associated with amusement park rides. Immigration Reform The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life. The City of North Richland Hills recognizes that this is a top legislative priority for Congress in 2006. The City of North Richland Hills feels that immigration reform should be addressed in a comprehensive and thoughtful manner. In late 2005 House Resolution (H.R.) 4437 passed the House of Representatives which addressed the issue in a piecemeal fashion. The House bill includes several provisions that violate the principals of federalism and places burdensome unfunded federal mandates on local governments. The National League of Cities (NLC) believes the federal government must dramatically improve the enforcement of immigration laws. Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals ~ . . of federalism and divert local personnel from their primary duty to protect the general public. The City of North Richland Hills strongly concurs and also supports, along with the NLC, streamlined and efficient guest worker programs that enable businesses to hire foreign workers in order to meet economic demands. In recent years municipalities have become the main service providers to immigrant families. The federal government should assist local governments to provide healthcare, education and social services to these new workers. . The City of North Richland Hills opposes H.R. 4437 and its companion bill in the Senate S. 1483 thåt places unfunded mandates on local governments. . The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement, workplace enforcement, a guest worker program; and assistance from the federal government as a res.ult of the impact on health care, education and social services at the local level. . , . SUSTAINING FEDERAL SUPPORT FOR CRITICAL MUNICIPAL PROGRAMS Water Infrastructure Financing The nation's cities face a crisis in funding their water infrastructure needs. The Environmental Protection Agency (EPA) has estimated a funding gap approaching $23 billion annually between current local investments in aging and failing water infrastructure and meeting new and more costly federal mandates. . North Richland Hills supports a renewed federal financial commitment to assist local governments in meetina. their water and wastewater infrastructure needs, including financina mechanisms such as loansl loan subsidies. arants. and neaative interest loans. Because of EPA mandates and the inability of local governments to recouperate the expense of updating the existing lines, there is a call for federal assistance for infrastructure needs. . The City of North Richland Hills calls on Congress to restore grant funding to assist cities, which should be eligible for any combination of federal loans and grants to meet their water pollution control and drinking water supply needs. The use of loans and/or qrants should be tailored to the sQecific needs and capacitv of each municipal applicant. Allocation of funds to municipalities should take into consideration a community's ability to pay and past local efforts to address the problem. North Richland Hills supports leaislation in which Conqress provides funding to assist all cities in remediation of their aaina. deterioratina water infrastructure. ~ ) , . CONT ACTS City of North Richland Hills 7301 NE Loop 820 P.O. Box 820609 North Richland Hills, Texas 76180 (817) 427-6000 Fax: (817) 427-6016 http://www.nrhtx.com Larry J. Cunningham City Manager (817) 427-6007 Email: Icunningham@nrhtx.com Richard Torres Assistant City Manager (817) 427-6006 Email: rtorres@nrhtx.com Ogden "Bo" Bass Assistant City Manager (817) 427-6009 Email: bbass@nrhtx.com Karen Bostic ** Managing Director - Administrative/Fiscal Services (817) 427-6005 Email: kbostic@nrhtx.com Richard Abernethy Assistant to the City Manager (817) 427-6015 Email: rabernethy@nrhtx.com Mayor and City Council (817) 427-6061 Oscar Trevino, Mayor Tim Welch - Mayor Pro Tern John H. Lewis - Place 1 Jo Cox - Place 2 Suzy Compton. - Place 3 JoAnn Johnson - Place 4 David Whitson - Place 5 Nancy Bielik - Place 6 ** Karen Bostic is the primary legislative contact for North Richland Hills .... -& t · ... CITY OF NORTH RICHLAND HILLS . Department: City Manager's Office . . Council Meeting Date: 2/13/2006 Subject: Action on Charter Communications Settlement AQreement Agenda Number: GN 2006-018 In March 2004, The City of North Richland Hills and the Cable Consortium of Cities initiated a hearing against Charter Communications for Liquidated Damages. The Consortium Cities contested that Charter was violating the customer service standards set out in our franchise agreements. After several negotiations Charter presented a settlement agreement. The settlement agreement states that Charter will pay the Consortium Cities $250,000 a year for four years in the form of community grants. The City of North Richland Hills portion would include $77,712.52 over the four year period. The City will choose how to appropriate the funds and Charter will make the payments annually on the anniversary date of the signed agreement. If the agreement is approved we would receive our first payment this fiscal year. The settlement agreement also defines an Abnormal Operating Hour. The Abnormal Operating hour was one of the key issues that initiated the hearing against Charter for Liquidated damages. This settlement agreement not only defines the Abnormal Operating Hour, but also details steps to address and resolve customer service issues for the remainder of our franchise agreement. The agreement also requests Charter to reimburse the Consortium Cities $7,500 for audit services associated with the Liquidated Damages. The City will only receive $480.00 of the total reimbursement. The Agreement is not an admission by Charter for failure to comply with the customer service standards set out by our franchise agreements. The Consortium Cities and North Richland Hills recommends approval of the settlement agreement with Charter Communications. Recommendation: Approve Resolution #2006-014 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other UJ B.~ Department Head Sig ture Page 1 of --1 . . . ... . 1.-. Resolution No. 2006-014 BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: THAT the City Manager is hereby authorized to execute a Settlement Agreement with Charter Communications. PASSED and APPROVED on this 13th day of February 2006 CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-019 ~ Date: 2-13-2006 ~ Subject: Sounds of Spring Concert Series (Formerly Lotta Night Music) This spring will mark the 6th year of the city's concert series when Brave Combo kicks off the schedule on April 7th at Green Valley Park. To keep the program fresh and innovative staff has slightly retooled the event to include a new name and program logo. You'll also notice a renewed focus on accomplished musicians and emerging Texas bands. New this year, the Sounds of Spring Concert Series will include opening acts at each concert. The opening acts will perform a 3D-minute show at 6:30 p.m. with the headliner band scheduled to begin at 7:30 p.m. The series includes six Friday-evening concerts with a common Texas bond and a wide range of music genres from jazz, reggae, bluegrass, Latin and folk to nuclear polka, indie rock and alternative country. All concerts will continue to be free of charge and draw a broad range, from families to music enthusiasts. The schedule is as follows: Friday, April 7 - Brave Combo (opening band: Watusi) Friday, April 21 - Fingerprints (opening band: Drop Trio) Friday, May 5 - Zayra Alvarez (opening band: Grupo Amistad) Friday, May 19 - Radiant (opening band: Meridianwest) Friday, June 2 - South Austin Jug Band (opening band: Fishing for Comets) Friday, June 16 - The Django Walker Band (opening band: Blake & Fallon) Marketing and promotional efforts include a press kit with detailed information on the concert series and a redesigned web site for a contemporary look and feel. These efforts have already helped create a rejuvenated interest from both the media and sponsors. Staff is currently talking with two companies for a possible title sponsorship. A partnership has been formed with the Texas Music Project in its support of music-education initiatives. Don't Mess with Texas Music CDs will be sold at the concerts in support of the Texas Music Project, a statewide initiative with a mission of restoring and strengthening music education in Texas schools. Proceeds from TMP music sales during the concert series will benefit the Birdville ISD music program. Staff will present more detailed information during the Pre-Council meeting on Monday evening. Respectfully Submitted, Vickie Lottice Director of Parks and Recreation ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - e e Announcements and Information February 13, 2006 Announcements North Richland Hills residents now have the choice of paying their monthly water bills online or by telephone. The easy to use online and telephone services are available 24-hours a day, 7 -days a week. In addition to paying their bill, users can access their account history and get answers to frequently asked questions. To take advantage of the new service, visit the City's web site, www.nrhtx.com. and go to the online services link or call 817-427-6318. Registration for the North Richland Hills Spring Adult Softball League is being accepted through February 28. Teams can register online at www.recxpress.nrhtx.com or in person at the North Richland Hills Recreation Center. For more information, please call 817-427-6600. Keep NRH Beautiful will present the 2006 SmartScape Garden Series at 7 p.m. on February 23, March 2 and March 9 at the North Richland Hills Public Library. Admission is free. Topics will include landscape water conservation, use of native plants and composting. For more information, please call Neighborhood Services at 817-427-6650. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Holly Blake, Planning & Inspections A phone call was received from a contractor about the fantastic customer service Holly provided. He said he came in late on a Friday afternoon for 20 permits. Holly greeted him with a smile, was very prompt and professional and treated him with respect.