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Home My WebLink AboutCC 2002-10-14 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA OCTOBER 14, 2002 - 6:00 PM For the Meeting conducted at the North Richland Hills City Hall- Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular October 14, 2002 City Council Meeting (5 Minutes) Discussion on Definition for Secondary Living Units (10 2. IR 2002-134 Minutes) CIP Budget Revision for Squire Court Drainage 3. IR 2002-136 Improvements (10 Minutes) 4. IR 2002-137 Public Art Recommendations (15 Minutes) 5. *Executive Session - The Council may enter into closed Executive Session to discuss the following Consultation with Attorney as authorized by Government Code §551.071 (1 ) Davis v. North Richland Hills (2) ABC Wrecker v. North Richland Hills 16. I Adjournment I I *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. POSTED /0 -/ / -();J.. Dat8 q" -30 am 'nme \"--,.- ~CltySecNtary .~~ 10/14/02 City Council Agenda Page 1 of 4 --'-~"">~"~C_·_____~_'_·_'__'_·'__"'_m. __. "" ,.. ...__.,.__~~_~~__ CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA OCTOBER 14, 2002 -7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Mayor Pro T em Metts 3. Pledge - Mayor Pro T em Metts 4. Special Presentations 5. Removal of Item(s) from the Consent Agenda 10/14/02 City Council Agenda Page 2 of 4 ---~".,-~----,_..-,_.'"~'---~"""-~--'-----"-"-~"-"----_._------_.~--- NUMBER ITEM ACTION TAKEN 6. Consent Agenda a. Minutes of the City Council Goal Setting Work Session September 12-13,2002 b. Minutes of the Pre-Council Meeting September 23, 2002 c. Minutes of the City Council Meeting September 23, 2002 d. Minutes of the Joint Work Session with City Council and Planning and Zoning Commission October 3, 2002 e. Minutes of the Joint Work Session with City Council, Planning and Zoning Commission and Economic Development Committee October 3, 2002 GN 2002-114 f. Consideration of Interlocal Agreement with BISD Fiber Optic Conduit Sharing - Resolution No. 2002-081 GN 2002-115 g. Amending Reinvestment Zone NO.2 Ordinance No. 2420 - Revising Number of City Board Delegates - Ordinance No. 2660 GN 2002-116 h. Approve Interlocal Agreement with the City of Fort Worth for the Design and Construction of the Big Fossil Creek Wastewater Outfall System Improvements - Resolution No. 2002- 082 Public Hearing to Consider a Request from 7. PZ 2002-24 Darcy Boatman and Bradley Thompson for a Zoning Change from "R-2" Residential to "R-1- S" Special Single Family Residential District (Located at 7003 and 7005 Smithfield Road) - 3.26 acres - Ordinance No. 2661 10/14/02 City Council Agenda Page 3 of 4 . . - NUMBER 8. PZ 2002-26 ITEM ACTION TAKEN Public Hearing to Consider a Request from the City of North Richland Hills and Covenant Place of Richland Hills for a Zoning Change from "PD" Planned Development to "un School, Church, and Institutional District (Located in the 7800 Block of North Richland Boulevard) - 1.64 acres - Ordinance No. 2662 9. GN 2002-117 Appointment of Board Delegates to Reinvestment Zone No. 2 & Appointment of Chairman 10. GN 2002-118 Appointment of Board Delegates to Reinvestment Zone No. 1 & Appointment of Chairman Appointments to the Youth Advisory 11. GN 2002-119 Committee 12. GN 2002-120 Authorization for Removal of Vehicles for Street Maintenance Work - Ordinance No. 2663 Award of Solid Waste Contract - Ordinance 13. PU 2002-039 No. 2664 Award of Bid for the North Tarrant Parkway 14. PW 2002-013 Decorative Street Light Project 15. 16. 17. 18. 19. 10/14102 City Council Agenda Page4of4 a) Citizens Presentation b) I nformation and Reports Adjournment to Executive Session - Pre Council Room *Executive Session Personnel Matters as Authorized by Government Code §551.074 Council Appointed Positions a...- Return to Open Session - Pre Council Room.... ..~ ~ /0 ~, .. t:J,:::. Adjournment D... ~ ~:3ò~~ ø~ - - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-136 A Date: T Subject: October 14, 2002 CIP Budget Revisions for Squire Court Drainage Improvements This project was originally approved by Council in the 2000-2001 Capital Projects Budget. It consisted of constructing a concrete flume along the back and side property line of several property owners located on Squire Court and Jester Court. Several residents on both of these streets have been experiencing flooding problems on a regular basis. The original budget for this project was set up based on the understanding that all impacted property owners would dedicate the necessary drainage easement. After the project was designed, staff discovered that one property owner was not willing to dedicate the required easement. Mike Curtis (Public Works Director) and Ross Canton (Public Works Administrative Assistant at that time) met with the property owner three times to discuss the project and answer questions concerning other options. Mr. Curtis and Mr. Canton were unsuccessful in persuading him to dedicate or even sell the easement to the City. A neighbor, Mr. Russell Starr, even approached the property owner concerning the easement. Again, the property owner indicated that he did not want the flume constructed along the side of his property. At the request of Council, staff has compared the option to avoid the unwilling property owner with the option to condemn the property owner. listed below is a summary .of the comparison. Avoid Option · Will consist of constucting a flume completely off site of the unwilling property owner. · Will consist of making modifications in the street to allow the street to carry more water. · This option will be ready for construction in 30 days (including bidding time). . Total cost is $110,000. Condemn Option · Will consist of condemning the unwilling property owner. · Will consist of constructing a flume partly on his property and partly on his neighbor's property. · This option will also consist of constructing a berm and low height retaining wall in front of the unwilling property owner's house. · This option will be ready for construction in 120 days (including bidding time). · Total cost is $65,000 (depending on final court costs). A location map is provided with this report. A more detailed map will be presented during the Pre Council Meeting showing these 2 options. Steve Norwood (Assistant City Manager) and Mike Curtis (Public Works Director) are attempting to meet with the unwilling property owner prior to the Pre Council Meeting to see if they can encourage him to grant the necessary easements. Staff will inform Council of the results at the meeting, as well as answer any questions. Respectfully submitted, /V1¿t I C. ~ Mike urtis, P.E., Public Works Director t ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 16Jun0222:47:44Sunday GIS No:finance-0176-020315 AML:cip map.aml fiTOSCA DR ~v n 1? ~ n r rr1 < ¡;; ~ / øND-I;Ð~ ~~ ~ / ( '\ _<;,"1 C~~01 ~ ~ Q c:J ~ I":' ~. ,~ , , I , , ," " ,,' , , , " " I I ,..___, I , ,..' .-. ~:!-;. \ ':::*' .J.'. {ì 'i~ :;:::0- .* " -ø '$> '\... .;, ",. $ \ -ø 'Ii' \ ~~ .¡;t;. \ - f1. \ 1# '!/Ii I l1li JIJI I Scal.: 1" - 400' n -I DR rr1 . .,. .... :.~::~:,~:,:::, :::~ tG J. G:í ~ SU~c~\ ~~ / ~ rr (õ) (;) !: CD rr "'0 ,.,... PLOT: equire d.pa AND/OR .rll t.I1 C Z n :::0 'T1 t.I1 -I !is I ~ :;; a: w > æ CJ :::0 . . ,;;¿ a: o ~ :.c "" .2J ,L o "" :I: VI Q :> !: '" Z o DEVONSHIRE-[)R- r.- '" (õ) :x: I z -f"£iDEL:8URG-G-T DIAM0NO-I:OGH-~ ~ GZ,.c-- '1V1 , V;¡£:W-8R o :> ~ z I ~ Squi re Ct. Dr¡ainage Improvements £ItAR:r-wJ. n l1li II GIS II« dpZ_'-"-'_ _lie: CIP DRAINAGE HARMeNSeN RÐ A8ERDEE z ~ >I- ~ '" :I: ....·.~·.,c>._~,.~~_.,~~.._~__..,.__.._,~_~._._.__.~_"_ VIG-TO GIR Squire Ct. Drainage Improvements [ GJ ""f !: ~ ""f fT'I t .;( N E w s N$RTH RICHLAND HILLS Department of Information S.,vlc.. .. Gaographlc Information Syat.ma IGISI 56 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2002-137 -* Date: T Subject: October 14, 2002 Public Art Program Recommendations On March 5, 2002 Council approved Ordinance No. 2545 establishing a Public Art Program for North Richland Hills. Following passage of the Ordinance, the City Manager established a Public Art Internal Review Committee to initiate the program. The committee has been working to establish goals and objectives for the program and is seeking direction from Mayor and Council on the committee's recommendations. (The committee would also like to proceed with a "Call for Artists" for the City's first commissione l public art piece. With the upcoming 50th Anniversary of the City, we are recommending \ dedication of the art work to coincide with anniversary celebration plans in 2003. "- Members of the Public Art Internal Review Committee have prepared a PowerPoint presentation detailing goals, objectives and recommendations for City Council review and direction. Respectfully submitted, ~ Vickie Loftice On behalf of the Public Art Internal Review Committee "L ISSUED BY THE CITY MANAGER ' NORTH RICHLAND HILLS, TEXAS MINUTES OF THE GOAL SETTING WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT GARRETT CREEK CONFERENCE CENTER, 270 PRIVATE ROAD 3745, PARADISE, TEXAS, SEPTEMBER 12-13, 2002 Council Present: Oscar Trevino Frank Metts, Jr. Scott Turnage JoAnn Johnson David Whitson Joe Tolbert Mayor Mayor Pro Tem Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Staff Present: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Paulette Hartman Patricia Hutson City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary Absent: Lyle E. Welch Council, Place 1 The City Council met September 12 beginning at 1 :05 p.m. and concluded on September 13, 2002 for the purpose of reviewing and setting goals and priorities for 2002-03. Mr. Lyle Sumek, Lyle Sumek and Associates, Inc. was the facilitator for the work session. Mayor Trevino called the work session to order on September 12 at 1 :05 p.m. with Council and Management staff present as recorded. Mr. Sumek gave an overview of the agenda and discussed the outcomes and objectives of the work session. Council was asked to identify for the past year Mayor/Council successes, expectations of citizens and what job satisfaction means to them individually as council members. Council then discussed their successes, expectations and job satisfactions. Mayor Trevino recessed the work session at 3:00 p.m. Mayor Trevino called the work session back to order at 3:10 p.m. with Council, Management Staff and the following Directors present: Debbie Durko John Pitstick Pam Burney Thomas Powell Larry Koonce Court Administrator Director of Development Director of Environmental Services Director of Support Services Director of Finance Council Work Session Minutes September 12-13, 2002 Page 2 Andy Jones Patrick Hillis Terry Kinzie Steve Brown Jim Browne Tom Shockley Mike Curtis Jenny Mabry Fire Chief Director of Human Resources Director of Information Services Library Director Parks & Recreation Director Police Chief Director of Public Works Director of Public Information Mr. Sumek discussed the impact of September 11th, the uncertain economic future and other forces contributing to the instability. Mr. Sumek pointed out lessons that can be learned from other leaders who led in unstable times. Characteristics of effective leaders and inspirational thoughts were discussed along with key elements that lead to good leadership and goal setting. Each of the Directors identified for Council departmental successes for the past year that Council might not have been aware of. The work session recessed at 6:05 p.m. and was called back to order at 7:00 p.m. The group identified and discussed what makes North Richland Hills a special place to live, successes for 2012, major challenges foreseen and the Council identified items on their agenda for 2002-2003. The work session recessed for the evening at approximately 8:45 p.m. and was called back to order on September 13 at 8:00 a.m. All Council members, Management Staff and Directors present except for Councilman Tolbert. Councilman Tolbert present at 9:20 a.m. There was discussion on targets for action for 2002-03 and challenges to consider. The group discussed and prioritized principles they felt should guide policies and decisions as they look to the future. The following principles/values that will guide policies and decisions received precedence: 1) Best community for families to live 2) Top quality, leisure, recreational and library amenities 3) Ease of mobility 4) Strong, healthy viable neighborhoods 5) Financially sound sustainable city government 6) Attractive streetscapes, gateways & neighborhoods 7) Preservation of our history and heritage 8) People feeling safe, secure and comfortable 9) Balanced community portfolio (residential, industrial/office, retail) 10) Strong diverse economy 11) Well planned and maintained streets & highways 12) Rail connection to Metroplex 13) Big city amenities with small community feeling ~4) Healthy living environment Council Work Session Minutes September 12-13,2002 Page 3 15) Expanded cultural arts 16) Support for top quality public/private school systems There was some discussion on setting a new vision for the City. Council was unable to reach a consensus. Later in the work session, all agreed that the statement, City of Choice - A Community of Family Living, Business and Job Opportunities and Quality Neighborhoods, described our community. Council reviewed the goals previously set and determined that they were still valid. Objectives and challenges established last year for each of the goals were reviewed and new objectives and challenges discussed. After discussion and rating by Council, the following objectives and challenges/opportunities were established for 2002-03. Goal: Safety & Security Objectives: Safest City in Tarrant County Top Quality Police, Fire and Emergency Medical Services Improved Facilities for Enhanced Services to our Community Safe Streets and Neighborhoods City Prepared for Major Homeland Emergency Situations or Potential Disasters Major Challenges and Opportunities: Competitive Public Safety/Salaries in the Marketplace Recruitment of "Top Quality" Candidates Traffic Congestion, Traffic Flow - Impact on Emergency Services Response Development Ordinances - Impact of ordinances on Safety and Emergency Services Staffing and Resources to keep up with Growth Goal: Quality Development Objectives: Stronger Local Economy and Retail Base More Streamlined Permit Process Quality City Facilities and Infrastructure Protecting the Character of NRH Through Policies, Standards, Plans Enforceable Development Standards and Ordinances Challenges & Opportunities: Developers Understanding New Standards Mapping the City (GIS Upgrading) Developers Resistance to Requirements and New Standards Common Vision and Goals - Council/Planning & Zoning Commission Sign Variations in Community & State Laws Council Work Session Minutes September 12-13,2002 Page 4 Goal: Financially Responsible City Government Objectives: Maintain Financially Sound Debt Ratio: Reasonable Debt Structure Use "Pay as You Go" Approach Financing when Possible Expanded City Revenues Hold Line on Property Tax Rate Challenges and Opportunities: Retail Base: Retention and Expansion Built-out: Impact on Property and Sales Taxes, Expenditures Competitive Salaries - General Municipal Employees Uncertain Economy North Hills Mall Bond Election Goal: Quality Redevelopment and Reinvestment Objectives: Improved Quality of Major Corridors Improved Quality of Older Neighborhoods Property Owners Taking Responsibility for Buildings, Homes, Property Improved City Infrastructure in Older Areas People/Companies Want to Invest and Reinvest in North Richland Hills Stronger Family Entertainment District Challenges and Opportunities: North Hills Mall Development: Making it Happen Code Compliance: Owners, Tenants South Grapevine Highway Area, Preservation Campaign, Redevelopment Study Tenants for Richland Business Centre Private Sector Entertainment Viability Goal: Quality of Life Amenities for the Community Objectives: Well-Maintained City Parks, Library, Trails, Recreation Centers, Senior Centers More Parks for the Neighborhoods More Family-Oriented Facilities, Programs and Services Expanded Cultural Programs and Activities (including Public Art, Concert in the Park) Improved Special Events for the Community Preservation of Our History and Heritage Challenges and Opportunities: Operations and Maintenance of New Facilities and Parks Funding Special Events More Facilities: Library, Neighborhood Parks Expanding Cultural Arts Program '--"-~."..,---~.,~._---~~-------~._----_...,,- Council Work Session Minutes September 12-13, 2002 Page 5 50th Anniversary Volunteer Program (Soliciting Volunteers / Volunteer Coordinator) Goal: Effective Transportation System Objectives: Expanded "Mass" Transportation Opportunities Improved Quality of Neighborhood Streets Upgrading Standards for Major Corridors Better Air Quality Better Traffic Flow - Improve Traffic Flow through Signalization/Synchronization Challenges and Opportunities: Business Prosperity along Rufe Snow During Construction Quality of Streets North/South Thoroughfares Air Quality Funding Operation and Maintenance for Streets and Traffic Operations The Council discussed Targets for Action for 2002-03 and ranked the targets to set the top and high priorities. The top priorities set by Council are: Development Process and Standards Review Revision of Sign Ordinance Successful Bond Election North Hills Mall Plan of Action Traffic Flow and Congestion Reduction Plan Actions with High Priorities are: Buildout Strategy and Plan Little Bear Creek Ordinance Enforcement 820 Overlay Zoning Study Public Facilities South of the Freeway Street Maintenance Program Plan and Funding Upgrade of Grapevine Highway 820 Highway Upgrade. During the discussion of Council targets for action, the following items were placed on the Management Agenda for 2002-2003. Fire Study Implementation Economic Development Strategy and Plan Compensation and Classification Study Budget and Financial Strategy - short term Fire Staffing EMS Council Work Session Minutes September 12-13,2002 Page 6 Disaster Plan and Funding Health Insurance Direction Utility Rate Study Smithfield Conservation Study South Grapevine Highway Park Development Completion 50th Celebration Rufe Snow - short term actions Image Study and Implementation The Mayor recessed the work session at 3:55 p.m. and announced the Directors were excused from the remainder of the work session. The Mayor called the work session back to order at 4:00 p.m. with City Council Members present and Management Staff. The Council discussed miscellaneous Council operations and refinements. The following items were discussed. 1) Budget Pre-Meeting. - Discussion on having a pre meeting on the budget four to six weeks prior to the regular budget work session. Consensus was to have a meeting to highlight major details/projects of the proposed budget at the end of Mayor first of June. Staff would not need to be at the meeting. Council requested that the reallocation of items from one department to another and other items of significance be brought to the Council's attention at the pre-meeting. It was also suggested that new Council members be offered a budget training session prior to the budget work sessions. 2) Evaluation Process - Discussion on the evaluation process for the Council appointed positions. Council discussed the time frame and procedure for the process. The consensus was that it should be done around October. Council Members will individually complete the evaluation form and Council will meet as a group in Executive Session and bring together. The City Secretary was directed by the Council to place the evaluation of the City Manager on the calendar each year. 3. Planning and Zoning Process - Several of the Council Members felt that the Planning/Development Department was not as efficient as it could be. After discussion, consensus was for the Council members who had issues and complaints to discuss them individually with the City Manager. 4. E-mail Protocol and Council Requests for Information - Discussion on staff responses to e-mail from a Council Member. The Council member may copy the e-mail to several staff members, but only wants to receive one response from Staff. The council member is copying individuals as a matter of information and those individuals do not need to respond. Council also discussed the protocol for requesting information. Simple requests for information can be directed to the City Manager's office. Requests that will require research are to be directed to the City Manager and any "equest that will require significant research will be presented to the Council for vote. Minor citizen ----'"'--_·,__~__u___ Council Work Session Minutes September 12-13,2002 Page 7 service requests can be sent to the department head. Major citizen service requests are to be routed through the City Manager's office. Questions from the Council concerning an agenda item are to be sent to the City Manager or an Assistant. 5. Council meetings - Council was reminded to respect and be attentive to the citizens and council during meetings. 6. Vision and Values of City - Discussion on communicating the vision and values of the City to Boards and Commissions and to also communicate the vision and values to appointees being considered for placement on one of the City's Boards. Mayor Trevino adjourned the work session on September 13, 2002 at 5:30 p.m. APPROVED: Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 23,2002 - 6:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples Paulette Hartman John Pitstick Larry Koonce Mike Curtis Jenny Mabry Jim Browne Andy Jones Patrick Hillis Tom Shockley Thomas Powell City Manager Assistant City Manager Assistant City Manager Managing Director Fiscal/Administrative Services City Secretary Assistant City Secretary City Attorney Asst. to City Manager Director of Development Finance Director Public Works Director Communications Director Parks & Recreation Director Fire Chief Human Resources Director Police Chief Director of Support Services ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item 6g - PW 2002-012· Councilman FROM REGULAR Whitson inquired if one property owner was not SEPTEMBER 23, willing to provide the required easement and if 2002 CITY as a result, the City would have to go around the COUNCIL MEETING property. Staff advised that was correct. Council questioned staff if there were any alternatives. Mr. Curtis advised a couple of options had been looked at but this one was the most economical. Mr. Curtis briefed the Council on the situation. Council questioned whether the City could obtain the easement by condemnation. Council advised they would like to see the cost involved and a timetable. Item to Pre Council Minutes September 23, 2002 Page 2 be removed from the Consent Agenda and discussed further during the regular meeting. Agenda Item 6d - GN 2002-112 - Councilman Whitson questioned the developer agreement; questioned if the City was only buying a piece of land for the Library and not the entire site. Attorney Staples explained the original agreements still apply - there is a master document. Agenda Item 6f - PU 2002-038 - City Manager Cunningham advised Council they had been provided a revised cover sheet. When the analysis was done, TML's annual discount for payment of full premium was overlooked. TML's bid of $54,483.93 is the lowest bid. Staff is recommending that Council award the contract for property insurance to TML rather than Hartford Insurance Company. Consensus of Council was to remove this item from the Consent Agenda and vote on it as a separate NAN item. IR 2002-131 Mr. Curtis presented a PowerPoint presentation UPDATE ON updating the Council on the 2002 street STREET OVERLAY maintenance program and key CIP projects and AND MAJOR answered Council's questions. NAN CONSTRUCTION PROJECTS IR 2002-130 Ms. Mabry presented a PowerPoint presentation UPDATE ON updating the Council on the programs, activities CITICABLE and accomplishments of Citicable. NAN PROGRAMSI ACTIVITIES ADJOURNMENT Mayor Trevino announced at 6:32 p.m. that the Council would adjourn to Executive Session to discuss: 1) Consultation with Attorney as authorized by Local Government Code §551.071 - Shelton vs. NRH and Davis vs. NRH; 2) Land Acquisition for City Facilities as authorized by Local Government Code §551.072 and 3) Personnel matters as authorized by Local Government Code §551.074 - Fire Department. Mayor Trevino Pre Council Minutes September 23, 2002 Page 3 announced at 6:55 p.m. that the Council would recess to the regular Council meeting and reconvene in Executive Session after the regular meeting. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 23 ,2002 - 7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order September 23,2002 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCA TION Student from Green Valley Elementary School gave the invocation. 3. PLEDGE OF ALLEGIANCE Students from Green Valley Elementary School led the pledge of allegiance. 4. SPECIAL PRESENTATIONS YARD OF THE MONTH - JOHN PARASKEVAS, BEAUTIFICATION COMMISSION MEMBER City Council Minutes September 23, 2002 Page 2 The following Yard of the Month recipients were recognized: Larry Harper, 5944 Tourist Drive; Rick & Rebecca Vinson, 4709 Deville; Jim & Beatrice Green, 6316 Skylark Circle; Wilma Lee, 5009 Cummings; Jeff & Janet DeHoogh, 6116 Roaring Springs; Stephen & Cheryl Schwaebler, 6917 Meadow Road; Todd & Sandy Olsen, 8216 Thornbush Drive; Rodney & Jody Broussard, 7813 Amy Lane; and Rhodes & Julie Bolton, 7908 Chaddington Drive. The Texas SmartScape was given to Steve & Susan Phillips, 8305 Thornhill Drive. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA COUNCILMAN WHITSON REMOVED ITEM 6G. COUNCILWOMAN JOHNSON REMOVED ITEM 6F. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 09, 2002 B. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 09, 2002 C. GN 2002-111 AUTHORIZE CITY MANAGER TO SIGN SETTLEMENT DOCUMENTS - RESOLUTION NO. 2002-079 (EXECUTIVE SESSION - SHELTON CASE) D. GN 2002-112 RESOLUTION AUTHORIZING CITY MANGER TO PURCHASE LAND FOR LIBRARY (HOMETOWN AREA) - RESOLUTION NO. 2002-073 E. PU 2002-037 AWARD 2002 JAIL PAINTING PROJECT TO KUROSKY & COMPANY IN THE AMOUNT OF $44,922 F. REMOVED G. REMOVED COUNCILMAN WELCH MOVED, SECONDED BY COUNCILMAN WHITSON, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 6-0. City Council Minutes September 23, 2002 Page 3 6F. PU 2002-038 APPROVE BID FOR PROPERTY INSURANCE _ RESOLUTION NO. 2002-078 APPROVED COUNCILWOMAN JOHNSON MOVED TO APPROVE THE REVISED PU 2002-038, RESOLUTION NO.2002-078. Staff advised the item was revised after an error in the bid tabulation was identified. The annual discount for payment of full premium was overlooked in the original tabulation. After applying the annual discount, TML's bid of $54,483.93 is the lowest bid. Staff is recommending that the property insurance be awarded to TML in the amount of $54,483.93 for the policy term of October 1,2002 to September 30,2003. MOTION SECONDED BY COUNCILMAN TURNAGE. Motion to approve carried 6-0. 6G. PW 2002-12 APPROVE CIP BUDGET REVISION FOR SQUIRE COURT DRAINAGE IMPROVEMENTS TABLED COUNCILMAN WHITSON MOVED TO TABLE PW 2002-12 FOR FUTURE DISCUSSION. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to table carried 6-0. 7. PZ 2002-16 REVISION 1 PUBLIC HEARING TO CONSIDER A REQUEST FROM REBEL PROPERTIES '" LTD. FOR A REVISION TO THE APPROVED PD PLANNED DEVELOPMENT FOR THE GLENWYCK VILLAS ADDITION (7.379 ACRES)- ORDINANCE 2657 APPROVED Mr. Mark Wood, Rebel Properties, presented the proposed revision to the approved Glenwyck Villas planned development site plan. Lot 22, Block 2, was proposed as a drainage detention site for the development. The applicant instead channeled the development's drainage through off-site easements to an existing system resulting in the use of Lot 22 as a detention facility unnecessary. City Council Minutes September 23, 2002 Page 4 Mr. John Pitstick, Director of Development, presented the request as it relates to City ordinances and regulations. The Planning and Zoning Commission recommended approval of the request subject to Note NO.4 on the site plan revised to reflect 30 lots will have a minimum size of 1800 square feet. The applicant has revised the site plan in accordance with Planning & Zoning Commissions' recommendation. Mayor Trevino opened the public hearing and called for anyone wishing to speak in favor or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM METTS MOVED TO APPROVE ORDINANCE No. 2657. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 8. PZ 2002-17 PUBLIC HEARING TO CONSIDER AN APPEAL FROM FRANK M. PLEASANT FOR A SPECIAL USE PERMIT (SUP) FOR A SECONDARY LIVING UNIT AT 7213 TURNER TERRACE (DENIED BY PLANNING AND ZONING COMMISSION) - ORDINANCE NO. 2656 APPROVED Mr. Frank M. Pleasant, applicant, advised the Council the Planning and Zoning Commission denied his request for a special use permit for a secondary living unit by a vote of 4-3. Council approved in November of last year an ordinance allowing secondary living units or mother-in-law units in single family zoning with a special use permit. Mr. Pleasant requested Council to reconsider his request. The Council asked Mr. Pleasant several questions. Mr. Pleasant was asked if he was aware of the deed restrictions, how he would use the structure at some point in future when it is no longer needed for the intended purposes today and whether he had considered adding on to his house. Mr. Pleasant advised Council that he was not aware of the deed restrictions before he began the process. Mr. Pleasant could not say what he would do with the property in the future, but that he would not rent it out. He also advised that he did not want to build on to the back of his house because of an existing deck. The Attorney was asked to address whether the city enforced deed restrictions. City Council Minutes September 23, 2002 Page 5 Mr. Staples advised the City did not enforce deed restrictions and explained to Council the reason. Mr. Staples explained that ordinances do not overrule the deed restrictions. He further advised that zoning and deed restrictions are separate. Mr. Pleasant was asked about building a covered breezeway connecting the main structure with the secondary structure. The City Attorney said Mr. Pitstick advised him if the roof lines were connected, Mr. Pleasant would not need a Special Use Permit. Mr. Pitstick summarized the case and presented the recommendation of the Planning & Zoning Commission. Mr. Pitstick advised of the criteria that a secondary meeting unit must meet - permitted in any single family residential district after approval of a Special Use Permit; unit is to be used by the property owner and family or a relative of the occupants of the primary residence; unit shall not be rented or leased; on lots less than % acre in size, a walkway or similar feature shall connect the primary and secondary structure; if larger than % acre connection is not required; unit must meet the same architectural style as the primary structure; all standards must be met except for minimum gross living area, requirement for a garage/carport, and off-street parking; unit shall not have a separate utility meter. The Planning & Zoning Commission recommended denial. Mr. Pitstick advised of a petition from the surrounding property owners that meets state law requirements and will require a three-fourths Council vote to approve the appeal. There was extensive discussion on the connection of the two units with the roofline. Staff was asked to get the information from the Building Code concerning connecting the roofline and the interpretation by our Building Official Mayor Trevino opened the Public Hearing and called for any opponents. Mayor Trevino asked Mayor Pro Tem Metts to read into record those that did not wish to speak, but requested to go on record as being opposed: Mayor Pro Tem Metts read the following names into record as being opposed Ms. Marcy Byas, 7301 Turner Terrace Ms. Dorothy Hill, 7309 Turner Terrace Ms. Dorothy Morris, 7304 Briley Mr. Marion E. Morris, Jr., 7304 Briley The following spoke in opposition to the request: Ms. Lisa Barnes, 7212 Briley Ms. Katherine Massey, 7300 Turner Terrace City Council Minutes September 23, 2002 Page 6 Mayor Trevino called for anyone wishing to speak in favor to come forward. The following spoke in favor of the request: Ms. Vicki Clark, 7212 Turner Terrace Ms. Nikki Bullard, 7217 Turner Terrace There being no one else wishing to speak Mayor Trevino closed the public hearing. Councilman Tolbert asked that staff bring ordinance back to council to discuss and change the interpretation of the connecting roof line. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2656. MOTION TO APPROVE SECONDED BY MAYOR PRO TEM METTS. MA YOR PRO TEM METTS ASKED FOR COUNCILMAN TURNAGE TO AMEND THE MOTION TO INCLUDE THE FOllOWING THREE STIPULATIONS - 1 ) THAT THERE IS A COVERED BREEZEWAY CONNECTING THE TWO STRUCTURES WITH THE APPROPRIATE ROOF OF THE SAME MATERIALS ACCORDING TO CITY CODES; 2) THAT THE CITY BE ABLE TO VERIFY ON AN ANNUAL BASIS THAT THE OWNER IS IN FACT THE OCCUPANT OF THE MAIN HOUSE AND THE ATTACHED STRUCTURE IS BEING USED AS SINGLE FAMILY DWELLING AS IT IS PROPOSED TO BE USED FOR; AND 3) APPLICANT AGREE THAT THE CITY WilL VERIFY THE RESIDENT IN ATTACHED STRUCTURE IS A BLOOD RELATIVE. COUNCilMAN TURNAGE ACCEPTED THE AMENDMENT. MAYOR TREVINO CONFIRMED THAT THE MOTION WAS TO APPROVE ORDINANCE No. 2656 WITH THE FOllOWING STIPULATIONS NOTED ON THE SUP: VERIFICATION THAT OWNER OF THE MAIN HOUSE IS ALSO THE OCCUPANT OF SUCH SINGLE FAMilY RESIDENCE THE OWNER/OCCUPANT SHAll PROVIDE ACCESS AND COOPERATION FOR CITY ZONING DEPARTMENT TO ANNUALLY INSPECT DETACHED UNIT TO VERIFY USE AS A SINGLE FAMilY DETACHED DWELLING UNIT SHOULD DETACHED STRUCTURE NO lONGER BE OCCUPIED FOR USE APPROVED IN THE SUP A RELATIVE OF THE OWNER/OCCUPANT OF THE MAIN HOUSE IT SHALL NO LONGER BE USED FOR ANY OTHER PURPOSE AND SHALL REMAIN VACANT, BUT MUST BE MAINTAINED AS THE MAIN STRUCTURE HOME IS CARED FOR THAT THERE BE A COVERED BREEZEWAY BETWEEN THE MAIN AND DETACHED STRUCTURE Motion to approve carried 6-0. Mayor Trevino recessed the meeting at 8:34 p.m. City Council Minutes September 23, 2002 Page 7 Mayor Trevino reconvened the meeting with same members present at 8:46 p.m. 9. LRC 2002-01 PUBLIC HEARING TO CONSIDER A REQUEST BY SAM PACK OF PACK PROPERTIES FOR APPROVAL OF VARIANCES FROM ORDINANCE NO. 2473 LANDSCAPE REGULA TIONS- ORDINANCE NO. 2655 APPROVED Mr. Tony Pack, applicant, informed council he is seeking the following variances: 15' landscape buffer adjacent to residential property required landscape islands in new parking lot 15' landscape buffer on 800 linear feet adjacent to Loop 820 frontage required landscape (trees) every 50 feet on 800 linear feet adjacent to Loop 820 The applicant is seeking the above variances due to the Loop 820 widening, which will cause applicant to lose property and 300 parking spaces. Although Five Star Ford will be compensated for any loss of property by the State, Mr. Pack stated that he could not afford to lose additional parking spaces without affecting the dealership. Councilman Welch said that he would like to see a wrought iron fence along Rufe Snow. Mr. Pack said that he would submit the idea to his father, but did not think he would agree to a wrought iron fence because it would hide their product. Mr. Pack asked council if they would be in opposition to additional landscaping instead of the wrought iron fence. Mayor Pro Tem Metts asked Mr. Pack to reconsider erecting a wrought iron fence. Mr. Pitstick advised council the site plan went before the Planning and Zoning Commission, but did not have the authority to grant variances. Mr. Pack is requesting to have the existing 15-foot landscape buffer, which is partially located on his property, serve as the required 15-foot landscape buffer. Mr. Pack is willing to add eight (8) additional trees on the property. Staff encouraged Mr. Pack to meet with the Homeowners Association (HOA) of the adjacent Meadow Lakes Subdivision to see if they would be in agreement with proposal. Mr. Pack has met with the HOA and staff has not received any calls or negative comments from the Homeowners Association. The second variance being requested is for required landscape islands. Per the landscape ordinance a landscape tree island is required for a new parking lot. The third variance is for a 15-foot landscape buffer. Mr. Pack is proposing a variance to vary the City Council Minutes September 23, 2002 Page 8 15-foot landscape buffer on the 800 feet on the west portion of the property. Staff has contacted Texas Department of Transportation (TXDOT) and understands that they would allow landscaped areas to be maintained by adjacent owners provided that the State approves the tinallandscaped plan. Five Star Ford is requesting to use the grass portion of the future freeway as the required 15-foot landscaped buffer. Mr. Pack advised that he would irrigate the area. The last variance is for the placement of trees every 50 feet on the 800 linear feet adjacent to Loop 820. Currently the City requires one tree every 50 feet and Mr. Pack is requesting one (1) tree every 100 feet. Mr. Pitstick informed council that the request before council tonight is the recommendation of the Planning and Zoning Commission when they considered Five Star Ford's site plan. Councilman Whitson asked how large the greenbelt will be adjacent to Loop 820 frontage and if the greenbelt will have shrubs. Mr. Pitstick advised council that Mr. Pack has trees on his property with an irrigation system that runs the entire length of the 800 linear feet. Mr. Pack would landscape the area, but does not want to add any more trees. Mr. Pack did say that he would be willing to put in the necessary shrubs in TXDOT's right-of-way. Mr. Curtis informed council that the greenbelt is about 15 to 20 feet in width. Councilman Tolbert asked if there was any measure that staff can take to be certain that applicant would maintain the landscaping. Mr. Cunningham advised council that a provision could be included to stipulate that the State's right-of-way would be under the City's landscape ordinance and to the greatest extent allowed by the State. Mr. Curtis advised council that TXDOT would require the City to enter into a maintenance agreement for any landscaping that is in the right-of-way. The City can require same or similar agreement with the property owner. Mayor Trevino opened the public hearing and asked for anyone wishing to speak in opposition of request to come forward. Mr. Julian Perez, 6705 Corona, was not in opposition to request, but wanted to ask questions about the proposed lighting for Five Star Ford. Mr. Perez was advised that the lights would be addressed in Mr. Pack's site plan. There being no one else wishing to speak in opposition Mayor Trevino asked for anyone wishing to speak in favor of request to come forward. City Council Minutes September 23, 2002 Page 9 Mr. Charles Hoffman, 4917 Delta Court, spoke in favor of request. Mr. Pack's attorney Oscar Mohkamkar advised council that Mr. Pack is proposing to have a guardrail. Mr. Mohkamkar does not think that an ornamental fence is prettier than landscaping. If the council would accept the suggestion of only allowing new vehicles to be displayed along Rufe Snow. Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE LRB 2002-01 WITH THE APPROVAL OF THE VARIANCE REQUESTS 1, 3, AND 4 FOR A LANDSCAPING SITE PLAN TO INCLUDE THE FOLLOWING STIPULATIONS: THE SIX (6) FOOT ORNAMENTAL FENCE FROM THE BACK BE CONTINUED ALONG ANY PART OF THE PROPERTY ALONG RUFE SNOW THE FRONT FENCE BE COMPLETELY LANDSCAPED WITH THE FENCE AND LANDSCAPING TO BE APPROVED BY THE STAFF AFTER THE COMPLETION OF 820 ALL OF THE PARKWAY OR RIGHT-OF-WAY TO BE LANDSCAPED IN ACCORDANCE WITH THE CITY'S REGULATIONS AS MUCH IS ALLOWED BY THE STATE Mayor Trevino clarified that the six (6) ornamental fences be buffered with landscape along the front. Mayor Trevino wanted clarification as to what is considered the front. Councilwoman Johnson said it would be along Rufe Snow. Mayor Trevino also wanted to clarify which variances were approved. Mayor Trevino wanted to know if Councilwoman Johnson's motion approved variances 1 through 4. Councilwoman Johnson believed that staff had requested that variances 1, 3, and 4 be approved. COUNCILMAN TURNAGE SECONDED THE MOTION. COUNCILMAN TOLBERT ASKED COUNCILWOMAN JOHNSON IF SHE WOULD CONSIDER THE FOLLOWING AMENDMENTS: ONLY REQUIRE LANDSCAPING FOR THE 800 LINEAR FEET ADJACENT TO RUFE SNOW MAINTENANCE AGREEMENT BE PUT IN PLACE AS APPROVED BY STAFF THE EIGHT (8) NEW LIVE OAK TREES BE PLANTED ON THE SOUTH SIDE OF THE PROPERTY IN THE BERM AREA AND THAT THOSE TREES BE PLANTED PER THE AGREEMENT OF THE TWO (2) HOMEOWNERS ASSOCIATION THAT JOINTLY OWN THE BERM WROUGHT IRON FENCE BE OMITTED AND ALLOW LANDSCAPING COUNCILWOMAN JOHNSON WAS NOT IN AGREEMENT WITH THE LAST AMENDMENT. COUNCILWOMAN JOHNSON ADVISED COUNCILMAN TOLBERT THAT THE THIRD AMENDMENT WAS City Council Minutes September 23, 2002 Page 10 INCLUDED WITH STAFF'S RECOMMENDATION AND THAT THE SHE WAS IN AGREEMENT WITH THE REMAINING AMENDMENTS. Councilman Welch asked for clarification when council talked about the back of the property. Councilwoman Johnson mentioned that it was the southeast corner of the property. Mayor Trevino asked for clarification regarding the wrought iron fence along Rufe Snow is along the 16 parking spaces or auto spaces that is from Five Star Ford's entrance to the south. Councilwoman Johnson confirmed, but also said it includes any frontage along Rufe Snow that is owned by Sam Pack. Mr. Cunningham advised council that the area identified by Councilwoman Johnson is not a part of the case. COUNCILWOMAN JOHNSON CLARIFIED THAT THE WROUGHT IRON FENCE WOULD BE REQUIRED ALONG PROPERTY ON RUFE SNOW THAT IS PRESENTED IN THIS REQUEST. COUNCILMAN TOLBERT ASKED THAT THE MOTION INCLUDE THE PLAN BEING UPDATED TO REFLECT A 15-FOOT SETBACK ON RUFE SNOW TO FIX THE ERROR ON THE PLAN. THE FINAL MOTION IS TO APPROVE LRB 2002-01 WITH THE APPROVAL OF THE VARIANCE REQUESTS 1, 3, AND 4 FOR A LANDSCAPING SITE PLAN TO INCLUDE THE FOLLOWING STIPULATIONS: THE SIX (6) FOOT ORNAMENTAL FENCE FROM THE BACK BE CONTINUED ALONG ANY PART OF THE PROPERTY ALONG RUFE SNOW THE FRONT FENCE BE COMPLETELY LANDSCAPED WITH THE FENCE AND LANDSCAPING TO BE APPROVED BY THE STAFF ONLY REQUIRE LANDSCAPING FOR THE 800 LINEAR FEET ADJACENT TO RUFE SNOW MAINTENANCE AGREEMENT BE PUT IN PLACE AS APPROVED BY STAFF SITE PLAN BE UPDATED TO REFLECT A 15-FOOT SETBACK ON RUFE SNOW TO FIX THE ERROR ON THE PLAN COUNCILMAN TURNAGE SECONDED THE AMENDMENTS. Mayor Pro Tem Metts asked if the wrought iron fence would include brick columns. Councilwoman Johnson wanted to be sure that the fence complies with current regulations. City Council Minutes September 23, 2002 Page 11 COUNCILWOMAN JOHNSON WANTED HER MOTION TO REFLECT THAT THE WROUGHT IRON FENCE COMPLIES WITH THE CITY'S ORDINANCE TO INCLUDE BRICK COLUMNS. COUNCILMAN TURNAGE SECONDED THE LAST AMENDMENT. Mayor Trevino asked the City Attorney what would happen if Mr. Pack were not in agreement with council's motion. Mr. George Staples informed council that if Mr. Pack is not in agreement to the motion then his request would be denied. Motion to approve carried 6-0. 10. PZ 2002-13 PUBLIC HEARING TO CONSIDER A REQUEST BY SAM PACK OF PACK PROPERTIES FOR A ZONING CHANGE FROM C-2 COMMERCIAL AND 1-2 MEDIUM INDUSTRIAL TO HC HEAVY COMMERCIAL (LOCATED AT 6618 NE LOOP 820) FOR 5 STAR FORD AUTO DEALERSHIP (ITEM CONTINUED AT THE 8/26/02 CITY COUNCIL MEETING)- ORDINANCE NO. 2646 APPROVED Mayor Trevino opened the public hearing. Mr. Russell Killen, 6217 Roaring Springs, advised council this item was a concession that Mr. Pack made with the Planning and Zoning Commission and staff. Mr. Pack would downgrade the zoning for a piece of the property from Industrial to Commercial to prevent an individual from putting in for an Industrial use. Mr. Pitstick summarized item for council. The Planning and Zoning Commission recommends approval for this zoning change. Mayor Trevino informed Councilman Whitson that this would be the time to address the lighting that Councilman Whitson wanted to discuss during the LRB 2002-01. Councilman Whitson asked Mr. Pitstick if he had seen any lighting diagrams on the new lot that is being added along Rufe Snow. Mr. Pitstick advised council that he has not seen any lighting diagrams. Mr. Pitstick said that the applicant would be required to comply with the current ordinance. The current ordinance states that no light can shine or be directed onto adjacent property. Councilman Whitson asked Mr. Curtis if the right-in/right-out on the east side of the property would be reconstructed. City Council Minutes September 23, 2002 Page 12 Mr. Curtis advised council that when the section of Rufe Snow is widened from Loop 820 to Karen a median would be put in from Loop 820 to Meadow Lakes. Councilman Tolbert asked Mr. Pitstick to go over a few car uses that can be used in this new zoning (Heavy Commercial). Mr. Pitstick informed council the uses could be new auto/truck dealership, auto parts and sales with machine shop, auto inspections, auto alarm/stereo and window tinting, auto upholstery, bus passenger terminal, marine equipment/sales repairs, service station and almost all office and retail uses, home improvement centers, pest control, service stores, printing shops, sign shops, swimming pool and service store, warehousing, and upholstery shop. Mayor Trevino opened the public hearing and asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN TOLBERT MOVED TO APPROVE PZ 2002-13, ORDINANCE No. 2646. MA VOR PRO TEM METTS SECONDED THE MOTION. Motion to approve carried 6-0. 11. PS 2002-29 CONSIDERATION OF A REQUEST BY RUSSELL KILLEN OF HALFF ASSOCIATES INC. FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1, 2R AND 3R OF THE FIVE STAR FORD ADDITION (LOCATED IN THE 6600 BLOCK OF NE LOOP 820) 18.78 ACRES (ITEM CONTINUED AT THE 8/26/02 CITY COUNCIL MEETING) APPROVED Mr. Tony Pack advised council that the request is to revise the existing lot pattern from 5 lots to 3 lots and to reflect the future NE Loop 820 right-of-way line. Mr. Pitstick summarized item for council. The Planning and Zoning Commission recommended approval of PS 2002-29. Councilwoman Johnson moved to approve PS 2002-29, the final plat of Lot 1 R, 2R, and 3R of the Five Star Addition. Councilman Turnage seconded the motion. Motion to approve carried 6-0. City Council Minutes September 23, 2002 Page 13 12. PZ 2002-18 CONSIDERATION OF A REQUEST FOR SITE PLAN APPROVAL BY FIVE STAR FORD AT 6618 NE LOOP 820 - (ITEM CONTINUED AT THE 8/26/02 CITY COUNCIL MEETING) APPROVED Mr. Pitstick advised council that this is not a public hearing, but since it is within 200 feet of residential property it requires council approval. Mr. Pitstick asked that when the site plan is approved it be stipulated that it conform to the landscape review (LRB 2002-01) approved by council. The height of the parking lights would need to be clarified. Staff would require that any lights placed on the property could not shine on any adjacent property. The lights would need to be directly reflected down on the property. Mr. Mohkamkar informed council that the lights would be about 15 feet above the ground. The building is about 18 feet above the ground. The lights have a cut-off shield that cuts off the lights at the property of Mr. Pack. COUNCILMAN TOLBERT MOVED TO APPROVE pz 2002-18 A SITE PLAN FOR FIVE STAR FORD WITH THE STIPULATION THAT THE SITE PLAN FOLLOW THE LANDSCAPE REVIEW BOARD APPROVED SITE PLAN AND THE LANDSCAPING CHANGES MADE TONIGHT BY COUNCIL AND INCLUDE PLANNING AND ZONING'S RECOMMENDATION, BUT SPECIFIC TO COUNCILWOMAN JOHNSON MOTION MADE FOR LRC 2002-01 AND THAT THE MAXIMUM HEIGHT OF THE LIGHTS BE 15 FEET. Mr. Mohkamkar clarified that the height of the lights would be 24 feet in height. Mr. Mohkamkar thought the council was asking about the height of the building lights. COUNCILMAN TOLBERT CHANGED HIS MOTION TO HAVE THE LIGHTS AT A MAXIMUM OF 24 FEET. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 13. PZ 2002-25 PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ADDING A NEW ARTICLE IX, "SEXUALLY ORIENTED BUSINESSES" TO CHAPTER 15 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES - ORDINANCE NO. 2659 APPROVED City Councif Minutes September 23, 2002 Page 14 Mr. Pitstick advised council that the City Attorney recommended that the City's regulations be revised regarding "Sexually Oriented Businesses". The proposed new ordinance follows Texas statutes and takes advantage of state and federal cases, which have litigated the constitutional issues, and provides guidance and precedent. The following are the basic provisions of the new ordinance: provisions in the ordinance restricted these businesses to the Industrial Zoning District, at least 1,000 feet from the nearest church, school, park, residence, residentially zoned property, and other sexually oriented businesses the definition of "principal" as used to define the principal use of a business as a sexual oriented business is 35% of the sale volume, stock in trade or display areas registered massage therapist are exempted from the definition of sexually oriented businesses consistent with State law requirements the terms "adult bookstore" and "adult video store" are redefined to eliminate confusion concerning items which cannot logically or legally be defined as books or videos sexually oriented businesses are prohibited within 500 feet of Loop 820 the new ordinance specifies an annual license with a $500 fee The Planning and Zoning Commission approved the request to recommend changing the nomenclature from "Adult Entertainment Establishment" to "Sexually Oriented Businesses" and permitting them only in the 1-2 Industrial zoning district. Mayor Trevino asked Mr. Pitstick to address why the City is allowing the Sexually Oriented Businesses to locate in 1-2. Mr. Pitstick advised council by law the City has to allow for all uses. The council does not have to approve them, but allow for the uses in our community. Mayor Trevino called for comments in favor of request to come forward. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM METTS MOVED TO APPROVE PZ 2002-25, ORDINANCE No. 2659. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approved carried 6-0. 14. GN 2002-113 CONSIDERATION OF AN INTERLOCAL AGREEMENT ESTABLISHING THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT (NETSUTD) - RESOLUTION NO. 2002-077 APPROVED City Council Minutes September 23, 2002 Page 15 Ms. Paulette Hartman advised council the purpose of this request is to establish an interlocal agreement between the eight (8) member cities of the NETS program. The agreement will establish a board and a district to oversee the operation. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2002-113, RESOLUTION No. 2002-077. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 6-0. 15. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Councilman Tolbert announced the following: The Fire Department will host their annual Open House on Saturday, October 5th. There will be great entertainment and educational information for families to learn about fire safety. Kids especially love the big fire trucks! So bring your family to this fun, free event starting at 10:00 a.m. at Fire Station 4, 7202 Dick Fisher Drive. Candidate filing for Place 7 will continue through October 7th. Residents can obtain an application from the City Secretary's Office at 817-427-6060. The election for City Council Place 7 will be on November 5th. MasterWorks will perform its final performance of the season at the NRH Library on October 8th. 4 Ever Young, an a capella/doowop vocal group, will begin their show at 7:00 p.m. Councilwoman Johnson announced the following: September 28 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817-427-6570 City Council Minutes September 23, 2002 Page 16 16. ADJOURNMENT Mayor Trevino announced at 10:16 p.m. that the regular Council meeting was adjourned and that the Council would reconvene the Executive Session in the Pre- Council Chambers. Council returned to open session in the Council Chambers at 10:23 p.m. and the meeting was adjourned. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary MINUTES OF THE JOINT WORK SESSION WITH THE CITY COUNCIL AND PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD AT FIRE ADMINISTRATION - FIRE TRAINING ROOM, 7202 DICK FISHER DRIVE - OCTOBER 3, 2002 - 4:00 P.M. 1. CALL TO ORDER Mayor Trevino called the joint work session to order on October 3, 2002 at 4:06 p.m. Present: City Council: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Joe Tolbert ROLL CALL Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member Planning & Zoning Commission: Don Bowen Chair William Schopper Commission Member Ted Nehring Commission Member Timothy Welch, P.E. Commission Member James Laubacher Commission Member Brenda Cole Commission Member John Lewis Commission Member Staff: Larry J. Cunningham Steve Norwood Karen Bostic Paulette Hartman Patricia Hutson George Staples John Pitstick Dave Green Carolyn Huggins Absent: George Tucker City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Director of Development Zoning Administrator Office Coordinator - Planning Department Commission Member City Council Work Session Minutes October 3, 2002 Page 2 2. DISCUSSION OF MAJOR CITY COUNCIL GOALS AFFECTING PLANNING, ZONING & DEVELOPMENT Mayor Trevino discussed the purpose of the joint work session. The Council recently completed their goals work session and felt a work session would better communicate to the Planning & Zoning Commission the goals of the Council and to clarify the function of the Council and Planning and Zoning Commission. The Council also wanted to present the goals to the Commission so that they could work with the Council in implementing them. Mayor Trevino asked the City Manager to review the goals that affect the Planning & Zoning Commission. Mr. Cunningham outlined the goals affecting the Commission and highlighted for each goal the major objectives and challenges and opportunities relating to Planning and Zoning. Mr. Cunningham also highlighted the principles or values that guide the policies and decisions, and the top priorities and high priorities set by the Council at their goals work session. Councilman Tolbert present at 4:20 p.m. 3. DISCUSSION OF ROLES OF COUNCIL AND PLANNING & ZONING COMMISSION REGARDING PLANNING, ZONING & DEVELOPMENT STANDARDS AND PROCESSES The Council and Planning & Zoning members discussed the roles of the two bodies and expectations. Council advised the Planning & Zoning Commission of their desire to be advised when ordinances and regulations are not addressing quality development or redevelopment. Mr. Pitstick addressed some of the new ordinances that had been sent from the Planning & Zoning Commission to Council for consideration. Mr. Pitstick mentioned the revisions to the R-3 standards, wall signs, and changes that still need to be addressed concerning non- conforming signs. 4. DISCUSSION OF PROPOSED PLANNED DEVELOPMENT CATEGORIES Mr. Pitstick briefly discussed the proposed changes to the Planned Development ordinance. He discussed the different recommendations for the planned development City Council Work Session Minutes October 3, 2002 Page 3 categories. Mr. Pitstick advised that the Council and Planning and Zoning Commission are in agreement on the redevelopment of existing sites. Council and Planning & Zoning are in agreement for the New Residential Category on deviations from lot and area requirements, maximum density of base district and 10% open space requirement. Council asked for the Commission members to give their input on the areas they are not in agreement. Each of the Commission members explained their position on a couple of recent issues that Council and the Commission members were not in agreement. The Commission members felt that communication from Council and Staff was not as effective as it might be. Many of the members felt that they needed more time to study the issues before making their recommendation to Council. Each of the Council Members expressed their thoughts on various issues and the future development of the City. Council reinforced their desire to continue to raise the bar on development and that there is not a timeline for reaching build- out. The Council expressed that they did not want the Planning & Zoning Commission to feel pressured to make a recommendation if they are not comfortable with the information provided. The Council agreed that a work session should be held annually with the Planning and Zoning Commission to improve communications and convey the goals and priorities of the Council. Council later in the work session directed Staff to set up an annual work session with the Council and Planning & Zoning Commission each year after the Council Goals Work Session. The City Manager recapped that Staff would work towards improving communications, making information more timely and affording the Commission the opportunity to comment on issues. Mr. Cunningham encouraged the Planning & Zoning Commission to use their work sessions to discuss development issues and planning issues. Mr. Cunningham encouraged the Commission to use their expertise proactively. A PowerPoint presentation was viewed showing the comparison of recommendations for the Planned Development categories. The Planning & Zoning Commission is recommending a 4 lot minimum with deviations allowed on all general regulations. Council is in agreement to a 10-acre minimum with no deviations from fences, landscaping, parking, garage configuration, and masonry. The Council and Commission members discussed the areas in which they did not concur. There was discussion on the need to raise the standards higher for Planned Developments. It was felt that as a consideration for smaller lots, standards should be higher. After extensive discussion, the consensus was for an ordinance to be forwarded to Council with the recommendations preferred by Council, closing up the current loopholes in new residential planned developments. The Planning and Zoning Commission will work with Staff during the next six to eight months to develop a new ordinance for New Residential Planned Developments that addresses Council and Planning and Zoning concerns. City Council Work Session Minutes October 3. 2002 Page 4 5. DISCUSSION OF MASONRY REQUIREMENTS Mr. Bowen and Mr. Pitstick gave a short briefing on the current and recommended masonry requirements for residential and non-residential. The Planning & Zoning Commission is recommending for residential buildings 75% of entire wall surface and defining masonry as a combination of brick, tile, stone, or decorate concrete materials installed in a craftsman like manner. They are recommending a maximum of 25% of the wall surface can use alternative materials such as siding, hardiplank and stucco above 8 feet from the ground. No EFtS will be allowed on residential buildings. The Planning and Zoning Commission is recommending for all non-residential buildings 85% masonry of all wall surfaces and defining masonry as a combination of brick, tile, stone, concrete block or decorate concrete materials installed in a craftsman like manner. Building trim and accent areas shall not exceed fifteen percent of any exterior wall area. Stucco, hardiplank or reinforced EFIS may only be used for accent areas located no closer than eight feet from the ground. After a brief discussion, Council concurred that they were in agreement with the direction of the Planning & Zoning Commission for masonry requirements. Mayor Trevino adjourned the work session at 5:58 p.m. APPROVED: Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary MINUTES OF THE JOINT WORK SESSION WITH THE CITY COUNCIL, PLANNING & ZONING COMMISSION, AND ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD AT THE FIRE ADMINISTRATION - FIRE TRAINING ROOM, 7202 DICK FISHER DRIVE - OCTOBER 3,2002 - 6:00 P.M. 1. CALL TO ORDER Mayor Trevino called the joint work session to order on October 3, 2002 at 6: 15 p.m. ROLL CALL Present: City Council: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage JoAnn Johnson David Whitson Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Planning & Zoning Commission: Don Bowen Chair William Schopper Commission Member Ted Nehring Commission Member Timothy Welch, P.E. Commission Member James Laubacher Commission Member Brenda Cole Commission Member John Lewis Commission Member Economic Development Advisory Committee: Janet Golightly Committee Member Jim Makens Committee Member Randy Moresi Committee Member Linda Timmons Committee Member Terry Willey Committee Member Alan Young Committee member Staff: Larry J. Cunningham Steve Norwood Karen Bostic Paulette Hartman Patricia Hutson City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Council Work Session Minutes October 3, 2002 Page 2 John Pitstick Dave Green Ashley Stathatos Director of Development Zoning Administrator Marketing & Research Coordinator Absent: Joe Tolbert George Tucker Phil Myra Dan Quinto Paula Grohman Don Waters Council Member PZ Commission Member ED Committee Member ED Committee Member ED Committee Member Committee member 2. INTRODUCTIONS City Staff and Board Members introduced themselves. 3. DISCUSSION OF ECONOMIC DEVELOPMENT IN NORTH RICHLAND HILLS Mr. Pitstick advised the Council and committee members that the purpose is to develop an Economic Development Strategic Plan identifying three major strategies and the priorities for economic development in the City for the next several years. A comprehensive questionnaire was sent to the Council, Planning & Zoning Commission, and the Economic Development Advisory Committee to identify and assist with the ranking of economic development issues. Mr. Pitstick introduced Mr. Tom Stellman and Jon Roberts of TIP Development Strategies, consultants for the North Richland Hills Economic Development Strategic Plan. Mr. Roberts gave a synopsis of their firm and discussed past and present economic development trends. Mr. Roberts defined economic development as the application of public resources to stimulate private sector investments and briefly discussed how the definition of economic development evolved over time. Mr. Stellman addressed economic development growth in the DFW area and the areas of decline the past several years. Mr. Stellman explained the economic development options available to cities - 4a or 4b sales tax, Chambers of Commerce or Economic Development Chamber led, contracts with Chambers, and city led. The consultants discussed their initial findings and challenges for the City of North Richland Hills. Initial findings discussed were residential growth, expansions of several retail businesses, low unemployment rate, track record of successful projects, Tarrant County College, Industrial base, and serving 180,000 daily. Challenges discussed are City Council Work Session Minutes October 3, 2002 Page 3 maintaining a diversified tax base, identity in DFW Metroplex (lack of image), Rufe Snow, 820 bridge expansion, increasing land prices, economic development funding dependent on hotel/motel tax, declining hotel/motel tax and commercial permit values and new business permits and critical issues facing build-out. The consultants reviewed the ranking of the economic development issues on the questionnaire and the ranking of the major corridors. There was discussion concerning the rankings and why some items may not have been ranked as high as they should have been. Several committee members commented that with the economic development definition presented by the consultants and their explanation of economic development that they would probably have ranked some of the items differently. There was discussion on the positive impact commuter rail service and the Smithfield Historical District would have on development and that these items did not rank as a priority. They were concerns expressed by several that some of the items were probably not ranked appropriately. The consultants presented three major strategies for comment and consideration: 1) Redevelopment and reuse of vacant and underutilized properties 2) Promoting a positive business climate 3) Developing and promoting an attractive and inviting community. After discussion, consensus was for the consultants to proceed with the three strategies and to take all of the different issues ranked and fit under each of the strategies and assign short term and long term priorities. Consultants will present a draft of a formal work plan at next work session along with the actions that will be required to accomplish. The next work session is set for October 22 at 6:00 p.m. Mayor Trevino adjourned the work session at 8:15 p.m. APPROVED: Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department: I nformation Services Council Meeting Date: 10/14/02 Subject: Consideration of Interlocal Aareement With BISO for Fiber Optic Conduit Sharing - Resolution No. 2002-081 Agenda Number: GN 2002-114 In 1998, the City secured services to build a fiber optic cable pl~nt to connect the Library complex, Tennis Center and the North Municipal complex to City Hall. As a cost saving measure, the City entered into an Inter-Local agreement with BISD on August 27, 1998, whereby BISD allowed the City to place underground fiber optic! conduit through BISO property at the Richland High School facility. Within the agreenient, the City gave BISD four of the twenty-four stands installed, at no cost, to be used as needed by BISD. The conduit contains four inter-ducts and two of the four are vacant at this time. BISO has approached the City requesting the use of one of the two remaining inter- ducts, to allow BISO to install twelve strands of fiber optic cable "om Richland High School to Fire Station # 4. BISO would then connect their twelve strands to existing fiber currently installed on Mid Cities Blvd. BISO is requesting that tltte City waive any charges for the use of the interduct. The City Attorney has drafted a proposed agreement to facilitate this request. The agreement protects the City as it requires the contractor to prov~e a minimum of $1,000,000 insurance against damage to the City's existing fiber optic infrastructure. It also allows NRH staff to stop contractor work if NRH believes work is unsatisfactory or if it is likely to be unsatisfactory. Looking to the future, in the event that BISO were to discontinue use of the fiber, they would be required to remove the fiber, at their own expense and return the conduit to its present state. Information Services is agreeable with this one-time BISO request. Staff believes it to be in the best interest of the City to enter into this agreement. Recommendation: To approve Resolution No. 2002-081 allowi~g the City Manager to proceed with executing the aforementioned interlocal agreement with BISD on the City's behalf. Source of Funds: Bonds (GO/Rev.) Operating Budget C~fl' Cartmant .' $ ~ ce Director BUdget Director Page 1 of L INTERLOCAL AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § This Agreement is made by and between Birdville Independent School District ("BISD") and the City of North Richland Hills, Texas ("NRH") for the purpose of documenting the terms and conditions ofBISD' s use of certain NRH fiber optic conduit inter-ducts and fiber optic connectivity. WHEREAS, NRH and BISD, by an Interlocal Agreement dated August 27, 1998, provided for limited access by BISD to NRH's fiber optic system as therein provided; and WHEREAS, BISD has requested use of certain NRH existing fiber optic conduit for the purpose of running additional cables between NRH City Hall and Richland High School, and between the NRH Fire Academy and existing BISD cabling on Mid Cities Boulevard; and WHEREAS, NRH desires to accommodate BISD, so long as such use does not interfere with NRH's fiber optic system; NOW, THEREFORE, WITNESSETH 1. NRH grants BISD the right to have a 12-strand fiber bundle run through one (1) existing fiber optic conduit inter-duct between NRH City Hall and the BISD Richland High School campus and between NRH Fire Station No.4 and NRH City Hall, and to connect their fiber system to Fire Station No.4 or NRH's manhole on Technol Boulevard. 2. BISD agrees to utilize qualified contractors for all the work contemplated by Subsection 1 above, and to schedule such work through the NRH Information Services Department. 3. BISD agrees to require its contractor to provide NRH with satisfactory proof of insurance against damage to NRH's fiber optic system in a minimum amount of$l,OOO,OOO. 4. All installation work shall be performed so that there is no interruption ofNRH fiber optic service at any time. NRH shall have the right to require any contractor to stop work if NRH's representatives believe that unsatisfactory work has been done, or is likely to be done. 5. In the event BISD discontinues use of the fiber, they are required to remove the fiber optic cables at BISD's expense and return the conduit to its existing condition. 1 AGREED this _ day of ,2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney BIRDVILLE INDEPENDENT SCHOOL DISTRICT By: Stephen Waddell, Superintendent APPROVED AS TO FORM AND LEGALITY: James B. Morgan, Attorney 2 CITY OF NORTH RICHLAND HILLS epartment: Finance Council Meeting Date: 10-14-2002 Subject: Amending Reinvestment Zone No.2 Ordinance No. 2420 Agenda Number. GN 2002-115 Revising Number of City Board Delegates - Ordinance No. 2660 On October 25, 1999, City Council passed Ordinance Number 2420 creating Reinvestment Zone Number 2 (TIF2). This is the zone which includes, but is not limited to Hometown NRH. The ordinance created a board of directors pursuant to Section 311.009 of the Texas Government Code. The Reinvestment Zone By-laws provided for a board of directors consisting of nine directors; six (6) appointed by City Council, one (1) from Tarrant County, one (1) from Tarrant County College and one (1) from Tarrant County Hospital District. Inadvertently, the wording of the ordinance included only five (5) members from the City of North Richland Hills. However, Council subsequently appointed six (6) members to the board. This amendment to Ordinance 2420 changes the number of City representatives from five (5) to six (6) to bring the ordinance and By-laws into agreement. Recommendation: Pass Ordinance No. 2660, amending Reinvestment Zone NO.2 Ordinance No. 2420, revising the number of City Board Delegates from five (5) to six (6). Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Ayallable Finance Director 2 4 6 8 10 12 14 16 18 20 22 24_ 26 28 30 32 34 36 38 40 42 44 4\.r ORDINANCE NO. 2660 AN ORDINANCE AMENDING ORDINANCE 2420 AND INCREASING THE NUMBER OF DIRECTORS FOR REINVESTMENT ZONE NUMBER 2. WHEREAS, by Ordinance 2420, passed October 25, 1999, the City Council created Reinvestment Zone Number 2 pursuant to the authorization of Chapter 311, Texas Tax Code, and also created a Board of Directors therefor consisting of five (5) members appointed by the City, one by Tarrant County, one by Tarrant County Hospital District, and one by Tarrant County Junior College; and WHEREAS, the City Council desires to increase the membership of such Board as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1: THAT Ordinance 2420 is hereby amended by changing the membership of the Board of Directors for Reinvestment Zone Number 2, City of North Richland Hills, so that the Board will be nine (9) members selected as follows: Six (6) members appointed by the North Richland Hills City Council; One (1) member appointed by Tarrant County; One (1) member appointed by Tarrant County Hospital District; and One (1) member appointed by Tarrant County College. AND IT IS SO ORDAINED. Passed October 13, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary W:\N __~~tDnØDr.2660.OId.wpd Page 1 2 4 6 George A. Staples, Attorney W;IN inanoa-rnft\RrilYillbMn~.2660.onI. wpd Page 2 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10/14/02 Subject: Approve Interlocal AQreement with the City of Fort Worth Agenda Number: for the Design and Construction of the Big Fossil Creek Wastewater Outfall System Improvements - Resolution No. 2002-082 GN 2002-116 The cities of North Richland Hills, Fort Worth, Richland Hills, and Haltom City received Administrative Orders from the Environmental Protection Agency (EPA) requiring correction of sanitary sewer collection system problems to eliminate overflows. All four cities contribute sewer flows to the Big Fossil Creek Wastewater Outfall System. This system is old and is in need of repairs in order to meet the requirements of the EPA. Council approved an agreement for an engineering study for the Big Fossil Creek Wastewater Outfall System on 7/12/99 (PW 99-14), that would determine the feasibility of extending, replacing, or renovating the existing pipeline within the system. The study is complete and recommends replacing some of the existing sewer lines and making repairs on others. The interlocal agreement between the four cities is for engineering, right-of-way acquisition, construction and project management for the Big Fossil Creek Wastewater Outfall project, as indicated in the study. The cost allocation for each city is based on the percent of flow being contributed to the system by each city. Below is a summary of the estimated total project cost for each city. , '-- Cit Cost based on ereent of flow $12,160,000 1,590,000 960,000 180,000 $14,890,000 Fort Worth Haltom Cit North Richland Hills Richland Hills Total Estimated Cost The funding for the North Richland Hills' portion of the cost was approved in the 2002-03 Capital Budget. Recommendation: To approve Resolution No. 2002-082, authorizing the City Manager to sign the interlocal agreement for the Big Fossil Creek Wastewater Outfall System Improvements. ',,--- Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ /YlJl~~ C(I. ~~ Départment Head Signature Finance Review Account Number 02-23-17-6000/99-02-23-017 Sufficient Funds ÄvallaCle 4Ub-UUUU-f1:'u~-uu Finance Director RESOLUTION NO. 2002-082 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached Interlocal Agreement with the City of Fort Worth for the design and construction of the Big Fossil Creek Wastewater Outfall System Improvements as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 14th day of October, 2002. APPROVED: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: .. AGREEMENT BY AND BETWEEN THE CITIES OF NORTH RICHLAND HILLS, RICHLAND HILLS, HALTOM CITY AND FORT WORTH FOR THE CONSTRUCTION OF THE BIG FOSSIL CREEK RELIEF SEWER WHEREAS, the Cities of North Richland Hills, Richland Hills, and Haltom City each have a contract with the City of Fort Worth whereby the City of Fort Worth accepts wastewater for treatment at its Village Creek Wastewater Treatment Plant; and WHEREAS, the City of North Richland Hills obtained a planning grant from the Texas Water Development Board for the preparation of the Big Fossil Sewer Planning documents; and WHEREAS, on the 15th day June, 1999, the City Council of the City of Fort Worth authorized participation with the cities of North Richland Hills, Richland Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study; and WHEREAS, on the 14th day June, 1999 the City Council of the City of North Richland Hills adopted Resolution 99-38 authorizing participation with the cities of Fort Worth, Richland Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study; and WHEREAS, on the 11th day November, 1997, the City Council of the City of Richland Hills authorized participation with the cities of Fort Worth, North Richland Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study; and WHEREAS, on the 24th day May, 1999, the City Council of Haltom City authorized participation with the cities of Fort Worth, North Richland Hills and Richland Hills in the Big Fossil Creek Sanitary Sewer System Study; and WHEREAS, the City of North Richland Hills entered into an agreement with the engineering firm of Knowlton-English-Flowers, Inc. for the preparation of the Big Fossil Creek Relief Sewer Planning Report, such report dated March, 2000 containing certain recommendations for the construction of sanitary sewer improvements known as the Fort Worth Big Fossil Creek Sewer Main, hereinafter referred to as the "Project"; and WHEREAS, the Cities of Fort Worth, North Richland Hills, Richland Hills and Haltom City desire to enter into an agreement establishing each city's duties and responsibilities as they are related to the Project. Now, therefore, the City of North Richland Hills, acting herein by and through Larry Cunningham, its duly authorized City Manager; the City of Haltom City, acting ~_"~__O_'_.~"··M__~·_~~"~·_~"'·.""",_"".__N__.,~~,~__~_.-.____-...._........ herein by and through Richard Torres, its duly authorized City Manager, the City of Richland Hills, acting herein by and through James W. Quin, its duly authorized City Manager; and the City of Fort Worth, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, sometimes hereinafter collectively referred to as the "Parties" or singularly as a "Party", do hereby agree as follows. 1. Fort Worth shall be responsible for the preparation of plans and specifications, together with any modifications required during construction, and contract documents for the construction of the Fort Worth Big Fossil Sewer Main, generally as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. The cost of the design, including any and all costs incurred in the selection process including the issuance of a Request for Proposal or Request for Qualifications, shall be shared by the parties as follows: Fort Worth 79.7% Haltom City 10.4% North Richland Hills 6.3% Richland Hills 3.6% 2. The Parties shall cooperate in the selection of an engineer to prepare the design and construction documents for the Project. The construction documents will be prepared in such a manner so as be able to calculate each Party's cost as described in paragraph 4 below. Fort Worth will be responsible for the negotiation of the engineering contract and for appropriating funds necessary to pay for the engineering contract. Fort Worth will not award the engineering contract until each Party has adopted a resolution authorizing payment to the City of Fort Worth of its respective share of the cost to be incurred. Fort Worth shall invoice the other Parties for their respective shares of each partial payment during the course of the design contract. Payment for such invoices shall be due 30 days from the date of such invoice. The engineering agreement will not include any costs for the design of lift stations to divert flows from North Richland Hills and Richland Hills to the Big Fossil parallel line, such being the sole cost of the Party requiring such facility. 3. The cost of easements, appraisal fees, and right-of-way acquisitions shall be shared by the Parties hereto as follows: Fort Worth HaltoITI: City North Richland Hills Richland Hills 79.7% 10.4% 6.3% 3.6% Appraisal and property acquisition services shall be included m the engmeenng agreement contemplated by paragraph 2 above. The consultant shall be responsible for all appraisal and acquisition of property and easements. In the event the acquisition of property or easements cannot be accomplished through negotiation and must be accomplished through condemnation, the staff of the jurisdiction within which the property is located agrees to recommend to its governing body that a resolútion be adopted in support of the condemnation action. In such event, a representative from the participating city will be present at the condemnation hearing. Any property owned by any Party upon which an easement is necessary shall be dedicated at no cost. Any existing easement held by any Part shall be transferred to Fort Worth at no cost. 4. The construction costs, including change orders, construction management costs, and inspections costs for the various segments of the Fort Worth Big Fossil Sewer Main shall be shared as follows: From Point A to Point B and from Point C to Point B, exclusive of design and construction of any lift stations required, as shown on Exhibit "A", sheet 1 Fort Worth 79.7% Haltom City 10.4% North Richland Hills 6.3% Richland Hills 3.6% Point B to Point F, exclusive of Point B to Point C, as shown on Exhibit "A", sheets 1 and 2 Fort Worth Haltom City North Richland Hills Point E to Point D, as shown on Exhibit "A", sheet 1 Fort Worth Haltom City North Richland Hills 82.7% 10.8% 6.5% 82.7% 10.8% 6.5% Tarrant County Water Supply Corporation line to Point F, exclusive of design and construction of any lift stations required, sheet 2 Fort Worth Haltom City 82.7% 10.8% North Richland Hills 6.5% 5. As of the execution of this contract the estimated cost of Project, including the cost of engineering, construction, right-of-way acquisition, financing and contingencies is as follows: Fort Worth $ 12,160,000 81. 7% Haltom City $ 1,590,000 10.7% North Richland Hills $ 960,000 6.4% Richland Hills $ 180,000 1.2% Total Estimated Project Cost $14,890,000 100% The estimated costs shall be adjusted based upon the final costs for engmeenng, construction, right-of-way acquisition and financing and shared by the Parties in the same percentage as assigned for the estimated cost ofthe Project. 6. Fort Worth shall be responsible for the advertising and award of the construction contract for the Project, the costs of which shall be shared by Parties hereto as detailed in paragraph 1 above. Fort Worth shall notify the Parties of the anticipated date for receipt and opening of bids. Fort Worth shall be responsible for the review of the bids, shall consult with the Parties regarding to whom the award of contract should be made and shall make a recommendation for award. 7. Fort Worth shall be responsible for the award of contract and for appropriating the funds necessary to pay for the construction. Fort Worth shall award the construction contract only after the Parties have adopted resolutions authorizing payment to the City of Fort Worth. Fort Worth shall invoice the other Parties for their respective shares of each partial payment during the course of the construction. Payment of such invoices is due 30 days :trom the date of such invoice. 8. Fort Worth shall be responsible for the cost associated with the construction and installation of three metering stations to meter the flows from the other Parties hereto into the Fort Worth collection system. 9. Nothing contained herein shall be construed so as to prevent Fort Worth from including the costs it incurs hereunder as system costs as that tenn is defined in its wholesale contracts with the Parties hereto and its other wholesale contracts to the extent that such costs may be includable in rate calculations. 10. All payments due to any Party hereunder are due and payable within 30 days from the date on invoice. A payment is late if not paid within 10 days from the due date. Late payments shall accrue interest at the rate of 1-112% per month until paid. 11. Any notice permitted or required to be given herein shall be in writing, mailed regular mail to the address shown below, or by facsimile to the numbers shown below. If to North Richland Hills Mr. Mike Curtis, P. E., Public Works Director City of North Richland Hills 7301 N E Loop 820 North Richland Hills, Texas76182 Telephone: 817-427-6400 Facsimile: 817-427-6404 If to Richland Hills Mr. John Cherry, P. E., Public Works Director 3200 Diana Drive Richland Hills, Texas 76118 Telephone 817-299-1835 Facsimile 817-299-1832 If to Haltom City Greg Van Nieuwenhuize, P. E., City Engineer, City of Haltom City 5024 Broadway Avenue, HC TX 76117 Telephone 817-222-7750 Facsimile 817-222-7755 If to Fort Worth Mr. Dale Fisseler, P. E., Director Fort Worth Water Department 1000 Throckmorton Fort Worth, Texas 76102 Telephone: 817-871-8207 Facsimile: 817-871-8195 12. The Parties agree to cooperate in the preparation of such documents as may be deemed necessary in order to submit an application to the State of Texas for participation in the State Revolving Fund. Acceptance or denial of the application shall not affect any Party's responsibility hereunder. 13. Eighteen months after the date of the execution of the engineering agreement described in paragraph 2 hereof, Fort Worth will assume responsibility for the maintenance of the 21" Haltom City Outfall line, from the existing Haltom City Southeast Meter Station downstream to the existing Main 280. 14. This Agreement may not be changed, revised or otherwise amended unless same be in writing and approved by the governing body for each Party. Executed this the _ day of , 2002. ATTEST: CITY OF FORT WORTH By: City Secretary Marc Ott Assistant City Manager Approved as to Fonn and Legality: City Attorney ATTEST: CITY OF NORTH RICHLAND HILLS By: City Secretary Larry J. Cunningham City Manager ATTEST: CITY OF HALTOM CITY By: City Secretary Richard Torres City Manager Approved as to F onn and Legality: City Attorney ATTEST: CITY OF RICHLAND HILLS By: City Secretary James W. Quin City Manager Approved as to Form and Legality: City Attorney ''''''ic "?~,~\'PO~~~i>/'~';< ~. ~( CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Coul!1cil Meeting Date: 10/14/02 \...../ . Subject: Public Hearing to Consider a ReQuest by Darcy Boatman' Agenda Number: PZ 2002-24 And Bradley Thompson for a zoning change from R-2 Res~dential to R-1-S Special Single Family Residential District at 7003 and 7005 Smithfield Road (3.26 acres). Ordinance No. 2661 Case Summary Mr. Bradley Thompson and Mr. Darcy Boatman are requesting a rezoning of their contiguous properties located at 7003 and 7005 Smithfield Road. Both lots in question are 1.5 acres or greater in size. Both applicants nave expressed a qesire to build accessory or out-buildings of certain size that would not be permitted under U1e current R-2 regulations (limited to 500 sq. ft.). The R-1-S District permits accessqry buildings to occupy a maximum of 5% of the total lot area in addition to exempting accessory structures from the height limit, pitch of roof, concrete access toa public street, and masonry requirements. Mr. Thompson (7003 Smithfield) recently received a vari~nce from the Board of Adjustment approving a 900 square foot detached accessory buIlding. Mr. Boatman (7005 Smithfield) has also received a variance from the maximum height limit of 38' for structures in the R-2 District. As a result of the proposed development of bbth of these sites staff has recommended to the applicants to apply for the R1 S zoning to bring these properties into compliance. Staff has received a letter protesting the rezoning, from one of the adjacent property owners within 200' of the site. Attached is a letter from an adjacent property owner protesting the rezoning of both properties. ,,-. Plat Status: Mr. Thompson's property at 7003 Smithfield is platted as LQt 1, Block 1 Thompson Addition. Mr. Boatman's property at 7005 Smithfield is platted als Lot 1, Block 1 Boatman Addition . Existing Land Uses: 7003 Smithfield (Lot 1, Block 1 Thompson Addition) has a r~cently built single family residence, pool, cabana and detached garage under construction. 7005 Smithfield (Lot 1, Block 1 Boatman Addition) is vacant but grading is evident. Source of Funds: Bonds (GO/Rev.) Operating Budget Otbe< -4tIÙ -.J£¿ ~ Finance Review Account Number Sufficient Funds Available Department Head Signature '- PZ 2002-24 BoatmanfThompson CC sum. j'" ,. ,~,' -·'~-~~-~·:''':~.P'''l~JJIJ__,f,:,~",J;l:~~7'''''''' r CITY OF NORTH RICHLAND HILLS Comprehensive Plan: The Plan indicates low density detached single family U$es for both sites. The "'--, existing/proposed uses are consistent with the Plan. Thoroughfare Plan: Both lots front onto Smithfield Road, a C4U (four- lane, undivided, collector street with 68' of ROW). Both lots were recently platted with sufficient ROW dedication. Adjacent Zoning I Land Use North: East: South: West: R-2/Single family detached residences R-2/Single family detached residences R-1-S/Northeast Tarrant Baptist Church R-2/Single family detached residences , PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, September 26, 2002, recommended approval of PZ 2002-24 by a vote of 7-0. RECOMMENDATION: If the Council determines that this zoning change is ac¡:ceptable, the following motion is recommended: Approval of PZ 2002-24 and Ordinance No 2661. \'-...- PZ 200224 BoatmanIThompson CC sum. Page 2 of 2 5. PZ 2002-24 PUBLIC HEARING TO CONSIDER A REQUEST FROM DARCY BOATMAN AND BRADLEY THOMPSON FOR A ZONING CHANGE FROM R-2 RESIDENTIAL TO R-1-S SPECIAL SINGLE FAMILY RESIDENTIAL DISTRICT AT 7003 AND 7005 SMITHFIELD ROAD (3.26 ACRES). APPROVED Dave Green, Zoning Administrator, explained the background of this case. The two applicants have property adjacent to one another. Mr. Thompson's property is at 7003 Smithfield and Mr. Boatman's property is at 7005 Smithfield. Their request is to change from R-2 Residential to R-1-S Special Single Family Residential. The R-1-S district permits the keeping of livestock in a residential setting with the minimum of 1-acre size. Mr. Thompson's property is about 1.5 acres. Mr. Boatman's property is 1.8 acres. With regard to accessory buildings, there is a tremendous amount of difference between R-2 and R-1-S. R-1-S allows barns and pens for livestock and therefore allows a larger square footage for accessory buildings, while R-2 limits accessory buildings to 500 square feet. There are no masonry requirements for accessory buildings in an R-1-S and there does not have to be a concrete drive from an existing street to a barn. The Comprehensive Plan calls for single-family detached type uses for these properties. R-1-S fulfills the Comprehensive Plan requirements. Mr. Green further explained that Mr. Thompson has just completed building a large house at 7003 Smithfield. Last month, Mr. Thompson received a variance from the Board of Adjustment, which allowed him to exceed the 500 square foot minimum for an accessory building, therefore he is in the process of building a gOO-sq. ft. accessory garage. Mr. Boatman also requested a variance from the Board of Adjustment to build a large single family residential structure to a greater height than permitted under R-2 ordinance. (R-2 permits 38-ft height and Mr. Boatman requested 43-ft height.) Mr. Boatman was granted a variance. They are now coming forward with a zoning change request. Darcy Boatman, 7113 Barbados, stated that he is planning to build a home for himself at 7005 Smithfield. He stated that he does not plan to raise animals, but is requesting the zoning change so that in addition to the house he can build a pool, pool house, detached garage, and racquetball court. Mr. Boatman stated that he is planning on using brick so the facilities won't be an eye sore. Tim Welch asked why the ZBA request only addressed the height of the home rather than also requesting a variance for the other structures. Also, why are the applicants now requesting a zoning change? Mr. Boatman responded that he was following the direction of the City staff. Chairman Bowen opened the public hearing and stated, for the record, that the P&Z Commission had received a letter from Lori & David Horak, 7816 Noneman Page 6 09/26/02 P & Z Minutes Street, expressing concerns regarding livestock. The Chairman stated that the ordinance effectively takes care of their immediate concerns. The Chairman closed the public hearing. Bill Schopper stated that he believes the bigger lots are what makes part of North Richland Hills "really cooL" He stated that on Little Ranch there are horses and barns, and on the south side of Hightower there is a new brick home and a "cool" metal building. He stated that he moved to that part of North Richland Hills for this type of variety. He stated that this "is what makes this town cool and like encouraging some of the spreads with the big buildings and stuff." He stated that R-1-S is the only way to do that. Mr. Schopper, seconded by Mr. Welch, motioned to approve PZ 2002-24. The motion carried unanimously (7-0). Page 7 09/26/02 P & Z Minutes 3. BA 2002-03 A PUBLIC HEARING TO CONSIDER A REQUEST BY BRADLEY THOMPSON FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO. 1874: ARTICLE 6, SECTION 630. THE APPLICANT IS REQUESTING PERMISSION TO CONSTRUCT A DETACHED GARAGE THAT WILL EXCEED THE 500 SQUARE FOOT MAXIMUM SIZE PERMITTED. THE PROPERTY IS LOCATED AT 7003 SMITHFIELD ROAD AND IS ALSO KNOWN AS LOT 1, BLOCK 1 THOMPSON ADDITION. APPROVED Dave Green. Zoning Administrator, presented the case to the board. Mr. Thompson is requesting a variance to construct a detached garage that will exceed the 500 square foot maximum size permitted. Mr. Thompson has a case that will be going before the Planning & Zoning Commission for a zoning change of his property. It is currently zoned R-I (Single Family Residential). If the Planning & Zoning Commission approves the zoning change then the maximum square footage of the structure is limited to 5% of the total lot area. Mr. Darcy Boatman is also connected to this case and his property is located next door to Mr. Thompson. Dave Green also stated that for the zoning change signs will be posted to advertise the zoning change and notification letters will be sent out to neighboring residents. Dr. Tom Duer suggested that the case be tabled until the Planning & Zoning Commission hears the zoning change request. Dr. Tom Duer closed the public hearing. Jim Kemp, seconded by Leslie Jauregui, motioned to table BA 2002-03 and await the outcome of the rezoning request. The motion carried (5-0). [Eventually untabled.] Page 2 of 6 08/15/02 ZBA Minutes 3. SA 2002-04 A PUBLIC HEARING TO CONSIDER A REQUEST BY DARCY BOATMAN FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO. 1874: ARTICLE 4, TABLE 4-1. THE APPLICANT IS REQUESTING PERMISSION TO CONSTRUCT A NEW RESIDENCE THAT WILL EXCEED THE 38' MAXIMUM HEIGHT PERMITTED FOR STRUCTURES. THE PROPERTY IS LOCATED AT 7005 SMITHFIELD ROAD AND IS ALSO KNOWN AS LOT 1, BLOCK 1 BOATMAN ADDITION. APPROVED Dave Green, Zoning Administrator, presented the case. This property is zoned R-2 residential and the maximum allowable height for a structure is 38'. Mr. Boatman is requesting a 45' roof height. Darcy Boatman, applicant, came forward. He currently resides at 7113 Barbados. Mr. Boatman stated that he has been working for over two years on the plans to build a home at 7005 Smithfield Road and that he did not know there was a 38' height restriction until he applied for a building permit. He said that his lot sits about 300 feet back from the road and there is a lot with a home on it in front of Mr. Boatman's lot. Mr. Boatman's lot is isolated and difficult to see from the street. He stated that if the variance is not approved he will have to start over because the blueprint plans are only feasible with the 45' roof elevation. Chairman Duer asked if there were any questions from the Board. Beth Davis asked how far the house will be located from the back of the property to the neighbor's to the north? Mr. Boatman responded that there will be approximately 25 ft. from the property line to the fence and approximately 40 ft. to the house, totaling 65 ft. Chairman Duer inquired as to maximum roof height requirements in Colleyville and Southlake. Mr. Green explained that those cities measure differently. They allow taller rooflines and larger roof structures. North Richland Hills measures from bottom to top. Colleyville and Southlake measure where the roof begins and the peak. Mr. Boatman said that some roofs in Colleyville are 60'. They take an average from low point to high point. Beth Davis asked the applicant if he was going to build a 3rd floor and whether or not there would be windows on that floor. Mr. Boatman responded that it would only be a two-story. Page 2 9/19/02 ZBA Minutes Mr. Kemp asked the applicant if the roof will be a peak roof or straight across? Mr. Boatman responded that the roof maximum is 16' across and tapers down on the side. It is a hip roof all the way around. Beth Davis inquired as to which direction the house faces. Mr. Boatman replied that it faces east towards Smithfield Rd. Chairman Duer asked for the chimney's maximum height. Mr. Green explained that chimneys are not included in the height allowance. Chairman Duer opened the public hearing and called for anyone wishing to speak for or against BA 2002-04 to come forward. Lori Horak, 7816 Noneman St., spoke in opposition of BA 2002-04. She stated that her property backs up to Mr. Boatman's property. She stated if Mr. Boatman's home sits 300 ft. back from the street with 25 ft. to the fence line, his 6000 sq. ft. home will sit practically in her backyard. She stated that the Smithfield Road people may not be able to see him, but his neighbors will. She stated that he has already raised the dirt level 4 ft., which when added to the 45 ft. house height puts the house at 49 ft. She asked if the City requires internal sprinkling in a 6,000 square foot home? Mr. Pendley, Building Official, responded that sprinkling is not required. Chairman Duer corrected Mrs. Horak that the home will be 5,000 square feet, not 6,000. Mrs. Horak asked if landscaping will be required and if special drainage is required. Chairman Duer commented that drainage will be considered by City staff as part of the building permit. Chairman Duer closed the public hearing. Chairman Duer asked the Board if they had any comments. Mr. Kemp asked for the dimensions of the lot. Mr. Boatman brought up his plans and showed there is 627.58 along the long side from street to back and 157.7 in width in back and 493.14 on the short side totaling approximately two acres. Chairman Duer asked how far from the back property line? Mr. Boatman said it is 233.72 from street to front counting the access way and over 300' from house to back of property. Beth Davis asked the applicant if his driveway is straight or curved? Mr. Boatman replied that his plans include a circular drive and a racquetball court 10' from the property line. Page 3 9/19/02 ZBA Minutes Chairman Duer commented that we are only looking at the height tonight. Beth Davis asked the City staff if there were other variances for height in the City? Mr. Green said that this is the first that he is aware of. Beth Davis stated that her concern is the definition of hardship. If it serves the City that heights of roofs be increased then it would seem that they should take a second look at the zoning ordinance itself rather than to start making a variance to roof heights that do not exist anywhere else in the city. Chairman Duer stated that if requests begin to appear, ZBA could notify the City Council that there seems to be an increase and that City Council should possibly look at the ordinance. He stated that this is the first request of this type that he has seen. Beth Davis asked the applicant how long he has owned the property? Mr. Boatman answered 2-% years. Chairman Duer asked Mr. Boatman how long he had lived in North Richland Hills. Mr. Boatman answered since 1962. Beth Davis stated that Mr. Boatman could have the home built to another plan, another size, with a roof that does not exceed the requirement. Chairman Duer explained that if ZBA not approve this request the applicant can appeal to the State District Court. It does not go back to the City. Mr. David Horak asked to speak. Chairman Duer commented that although he has already closed the public hearing he would allow Mr. Horak to come forward. David Horak, 7816 Noneman St., spouse of Lori Horak who spoke earlier, commented that he had pictures he had taken of the dirt that has built up. He questioned the sewer line and dirt that has been brought in. He asked if Mr. Boatman has obtained a permit to bring in dirt and/or to level the dirt? He commented that Mr. Boatman has brought in 50 loads of dirt and has raised his property 4 ft. He stated that if Mr. Boatman adds a 1-ft. slab and 45-ft. on top of that, they will be starring into each other's homes. Mr. Horak stated that this will lower the resale value of his home. He stated that Mr. Boatman will be looking down into his home, not across. He is concerned about flood lights as well. Dr. Duer reminded Mr. Horak that Mr. Boatman is asking for a 7-ft. difference than what the ordinance allows. He reminded Mr. Horak that this Board is only approving or disapproving the difference between 38' and 45'. He then asked City Staff if the City red tags if the dirt is lifted too much? Page 4 9/19/02 ZBA Minutes Mr. Pendley explained that the City Inspectors make sure that the drainage is correct. Mr. Boatman stated that he did have a grading permit. Beth Davis asked about building regulations concerning aesthetics of the home, lighting of the racquetball court, and locations of out buildings. Is there a standard for sensitivity to neighbors for new construction? Dr. Duer stated as long as they satisfy zoning requirements and are within ordinance they can do what they like. Beth Davis stated that she was referring to building regulations. Dave Pendley, Building Official, commented that aesthetics are not regulated. Mr. Kemp asked if they address drainage issues. Mr. Pendley stated that Public Works gets into the water flow, creeks, ditches, etc. and approves the grading plans. Beth Davis commented that she realizes they are limited to the roof height with this case, but she wondered if Mr. Boatman had considered that parts of his structure, for instance the exterior lighting of the racquetball court might be a challenge for neighbors. Mr. Boatman said the house value will be approximately $900,000.00 and it should add to the neighbor's property value too. Beth Davis asked the applicant if he planned to construct a wood fence? Mr. Boatman stated that he would erect an 8 ft. wood all the way around the property at his cost. He stated that he wants to be a good neighbor. He said this home would be a place for his kids and their friends to play. He would know where his kids are. He said he wouldn't shine any lights into anyone's window. Mr. Kemp asked about windows facing the north side of the property. Mr. Boatman answered that there wouldn't be a 3rd floor and no windows at all on the 2nd floor on that side. He commented that he didn't want anyone looking at his daughters either. Dr. Duer called for a motion. Leslie Jaurigue asked for an explanation of the zoning change. Dr. Duer explained that it is R-1 to R-1-S. Page 5 9/19/02 ZBA Minutes '''''-----'~_'_~-~-'~'''_--,-----.......,.-~-- -" . Leslie Jaurigue asked City staff for an explanation of R-1-S? Mr. Green explained that the minimum lot size is one acre, with a minimum 2,300-sq. ft. home with a heig ht of 38 ft. Jim Kemp, seconded by Fonda Kunkel, motioned to approve BA 2002-04. The motion carried unanimously (5-0). Page 6 9/19/02 ZBA Minutes ~ ---~.~,._-----. -.. _..._--, ---- - ..- NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2002-24 Darcy Boatman and Bradley Thompson 7003 and 7005 Smithfield Road Lot 1, Block 1 Boatman Addition and Lot 1, Block 1 Thompson Addition You are receiving this notice because you are a property owner of record within 200 feet of the above property. PurDose of Public Hearina: A public hearing is being held to consider a request from Darcy Boatman and Bradley Thompson for a zoning change on the above properties from R-2 Residential to R-1-S Special Single Family Residential. The aþplicants wish to make certain improvements to their properties that would be limited under the current zoning. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 26, 2002 CITY COUNCIL MONDAY, OCTOBER 14, 2002 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 -~ -"'-..,--"'_.__._.~--~"""£'--~---~;,.;---- N A NRH PZ 2002-24 7003 & 7005 Smithfield From R-2 to R-1-S Prepared by Kellie Smith/Planning Dept. 9/12/02 o 200 400 Feet I Smooth Feed SheetsTM TAYLOR, JANICE E 7813 NONEMAN DR FORT WORTH TX 76180-3440 DENTON, MICHAEL ETUX DONNA 7101 SWEETBRIAR CT FORT WORTH TX 76180-3436 GILBERT, JOANN ANDREA PO BOX 821605 FORT WORTH TX 76182-1605 DAVIS, JOHN R PO BOX 1013 HURST TX 76053-1013 HORAK, DAVID ETUX LORI L 7816 NONEMAN DR FORT WORTH TX 76180-3439 (INS, CARY ETUX JULIE R 7033 BRIARDALE DR FORT WORTH TX 76180-3406 MORROW, MARGURIETE 7007 SMITHFIELD RD FORT WORTH TX 76180-3428 SEXTON, TANYA TAYLOR 7029 BRIARDALE DR NORTH RICHLAND HILLS TX 76180-3406 BENTLEY, DICK JEST 7725 BRIARCLI FF CT FORT WORTH TX 76180-3401 NORTHEAST TARRANT BAPTIST r ;- - ,)X 820693 =ORT WORTH TX 76182-0693 8 AVERY® RACAK,STEVEN 7817 NONEMAN DR FORT WORTH TX 76180-3440 BURDETTE, JIMY RAY 7105 PAYTE LN NORTH RICHLAND HILLS TX 76180-3516 HARMON, DAN R & SUZAN L 7829 NONEMAN DR NORTH RICHLAND HILLS TX 76180-3440 COPLEN, RICHARD 0 ETUX NIKKI L 387 W FORK APT 2838 IRVING TX 75039-6405 WILHELM, PATRICIA 7820 NONEMAN DR FORT WORTH TX 76180-3439 MORROW, C E 7007 SMITHFIELD RD FORT WORTH TX 76180-3428 BOATMAN,DARCY 7113 BARBADOS DR NORTH RICHLAND HILLS TX 76180-6105 WALLACE, ALLEN G & LEIA 0 7036 SMITHFIELD RD FORT WORTH TX 76180-3427 DUNN,SUSAN 7032 SMITHFIELD RD FORT WORTH TX 76180-3427 THOMPSON, BRADLEY ETUX KELLY 7003 SMITHFIELD RD NORTH RICH LAND HILLS TX 76180-3428 Address Labels p 1:. 2002. <.l.( -----. _. ..- _. -". _. _. ....---.- Use template for 5160® HUGHES, JAMES ETUX DEBRA 7821 NONEMAN DR FORT WORTH TX 76180-3440 LANGSTON, DAVID S ETUX CATHY M 7100 BRIARDALE DR FORT WORTH TX 76180-3407 All, HASSAN S ETUX CAROLYN W 7833 NONEMAN DR FORT WORTH TX 76180-3440 BARRON, HAROLD & VIOLA 7804 NONEMAN DR FORT WORTH TX 76180-3439 PHILLIPS, DEBORAH 7032 BRIARDALE DR FORT WORTH TX 76180-3403 EARTH MADE INC, 8025 VALLEY DR NORTH RICH LAND HILLS TX 76180-1705 HOLLIDAY, DARRELL M 7028 BRIARDALE DR FORT WORTH TX 76180-3403 BETH, PAUL J JR ETUX SANDRA K 7024 BRIARDALE DR FORT WORTH TX 76180-3403 DULANEY, C 0 & L L PLOTZ 7020 BRIARDALE DR FORT WORTH TX 76180-3403 REDENBAUGH, MICHAEL ETUX CHERI 7333 RED OAK DR NORTH RICH LAND HILLS TX 76180-0000 Laser 5160® Smooth Feed Sheets TM , ----- Use templa~e for 5160@ LYNN, JOHN M & CONNIE 7016 BRIARDALE DR FORT WORTH TX "76180-3403 BRITTAIN, JOHN KELLY 2600 POOL RD GRAPEVINE TX 76051-4275 SLATE, BRAD ETUX DEE ANN 7012 BRIARDALE DR NORTH RICH LAND HILLS TX 76180-3403 VALADEZ, ALFREDO 1829 WISTERIA DR GRAND PRAIRIE TX 75050-2264 HESSEE, MICHAEL R 7016 SMITHFIELD RD FORT WORTH TX 76180-3427 KINLER, MELISSA I 7012 SMITHFIELD RD FORT WORTH TX 76180-3427 FLETCHER, CURTIS L 7008 SMITHFIELD RD FORT WORTH TX 76180-3427 rlAVERY® Address Labels :p 't- 2~ -¿ - L l.f Laser 5160® .~... "."~~-----"--.....,~-~- September 17, 2002 ¡¿Or ¡<(;'\/:, ..<::' ò " ò ""~ " I (I , ,..... \ f v ~"., .// ,", -0 '/V ,"" ~ )"\ J; /., +", "'. \~ ~../ ~~ .... \~ <,-.~" .~ ~ --<' 4'·· ~/ City of North Richland Hills Planning and Zoning Commission 7301 Northeast Loop 820 North Richland Hills, TX 76180 Dear Members; This letter will serve as our intent to petition against the rezoning of properties located at 7005 Smithfield Road and 7003 Smithfield Road from R-2 Residential to R-1-S Special Single Family Residential. After review of Article 4, Primary District Regulations it is our understanding the R-1-S zoning is specifically lanned to allow for the kee in of livestock in a residential setting. After having conversation with Mr. Boatman several months ago he explained his intent was to put a swimming pool, tennis and handball courts on that property. There was never any mention of livestock nor do we feel a pool cabana is considered a stable or accessory building associated with the keeping of livestock. For the past 6 years we have enjoyed watching the miniature horses that have grazed back there. They are not noisy and do not disturb us when we are sitting in our backyard. We do not feel that goats, chickens, pigs, cows or what ever kind of livestock Mr. Boatman is planning to put back there will be tolerable with a 6000 sq. ft. home, plus its amenities. With all of that, I find it hard to believe there would be any room for livestock. In speaking to Mr. Boatman I asked why he felt it was necessary to build to such an extreme in this older neighborhood, did he really think he would recover his investment should he decide to sell. He stated it was because he had 3 children in school and he would always know where his kids were because they would have so much to do at home all their friends would want to be at their ""--"'-'~-'-~-~-~'._~----~-,----",,-, house. Again, this brings me back to where does he intend to put livestock and why would the commission consider rezoning to R-I-S if his intent is not for livestock but perhaps to get around some of the restrictions of the R-2 zoning which have much more stringent restrictions on out bUildings. For more than a year now, I have been in contact with the Ci ty of North Richland Hills, the building officials and the Mayor voicing my concerns of what was being done on the property at 7005 Smithfield Road. In the beginning it was all the dirt being hauled in and the fact that no permit was ever filed for the dumping of the dirt. The inspector red tagged the property. Now no more dirt was being brought in but I had the eyesore of looking at more than 32 dump truck loads of dirt piled over 4 feet high each just beyond my fence line, and after 6 months had trees and weeds growing as tall as the dirt piles. Once again I contacted the City to find out what if anything was going to be done. This time Mr. Boatman called me personally to explain what a wonderful person he is and that he is a builder and does everything by the book. He also said he was having some problems with his engineers and that was why he had not filed any plans with the City or obtained any permits. Wi thin days of this phone call there was a bulldozer leveling the dirt, but there were also more trucks hauling more dirt in. Again, I called the City and the inspector carne out and once again put a stop to this work. I again asked if any plans had been filed or permits had been issued as now I was concerned with the drainage issue we were going to have as the property now sits several feet above my own property line and given a good hard rain, we would be flooded out. Members of the commission, you can certainly see there is history with this property as well as with its owner and I urge you to deny his request for rezoning and make him abide by the current zoning regulations and make him an honest man. I appreciate your time in reviewing this petition and your kind consideration. I regret I am unable to be at this meeting in person, but do feel that our concerns are viable and legitimate issues and would ask that if you want to corne by to see for yourselves or if you have any questions you do not hesitate to contact us. We will be in NY beginning 9-21 through 9-29 and may be reached at 845-298- 7361. Again, thank you for your time. Sincerely, Lori & David Horak 7816 Noneman Street North Richland Hills, TX 76180 David Greene City Council Members City of North Richland Hills RE: Darcy Boatman, re-zoning ofthe property on Smithfield Road to RS I From: Susan Dunn, 7032 Smithfield Road, North Richland Hills, Texas Dear Council Members: I live directly across trom Mr. Boatman's property. I understand that Mr. Boatman wants to build a large home with detached buildings and a racquetball court. It is my understanding that he isn't really interested in the zoning change to put livestock on the property. Building a nice large home on Smithfield Road would bring needed improvement to the street. However, after talking to neighbors and workers for Mr. Boatman, I want to make you aware of some issues when considering approval of the rezonmg. 1. Mr. Boatman's workers have informed me that he wants to use the property as a home business. I understand that the rezoning does not allow this but I think you should make sure that Mr. Boatman understands this. My concern is that any business dealings for Mr. Boatman's building business might bring construction workers and construction equipment into the place of residence along with an increase in traffic. If you know anything about Smithfield Road, you should know that it is already flooded with traffic that travels at 60 miles per hour through the street at the same time as the children are going to and from Smithfield Elementary directly down the street. Apparently Mr. Boatman also wanted to acquire the property directly in front of his to expand his property but the owners are not selling at this time. I'm concerned that if he ever acquires the rrontal property, he will try to have that as his business property. 2. Mr. Thompson owns the property directly south of Mr. Boatman. Mr. Thompson works together with Mr. Boatman in the excavation and building businesses. Mr. Thompson only built his home after failing in his attempts to use his property as I1n extension of his business. He continually dumped dirt and building materials on the land. He used a front loader every weekend to move dirt and materials until the neighbors signed a petition to get it stopped. We were tired of the dirt and dust being kicked up and tired of hearing the front loader start up before sun up on the weekends, not to mention that it was very unsightly. I mention this history to make you aware of the original intentions for that particular property. 3. r. Boatman has a large sign in front of his property (I think it is approximately I xIO') advertising his building business. I have complained about this for months and nothing was done. This sign is not an ordinary sign that is usually placed on property when building is about to take place. It is more like a billboard for the Darcy Boatman Building business. Again, this makes me concerned that he wants to use the property as an extension of his business since he is already advertising. 5"?f fMö ~~ ~\). 4. Neighbors have informed me that Mr. Boatman is already under investigation for his building practices but I cannot confirm this. 5. There have been several instances where a worker for Mr. Boatman has started working at 5:30 in the morning - weekdays and weekends. A large eighteen-wheeler puIIs up, parks the wrong way on Smithfield Road, using no safety reflectors for parking, and proceeds to unload a rront-Ioader. The unloading takes anywhere ITom 30 to 40 minutes. This means we hear the truck with it's airbrakes going back and forth until the front loader is unloaded and proceeds to make its way back to Mr. Boatman's property. This is not a quiet process. I spoke to the driver and to Mr. Thompson about the early hour but finaIIy had to caIl the police department. The police gave the driver a warning. I understand the need to get started early in tþe construction business but this is ridiculous. I mention this because I think Mr. Boatman and Mr. Thompson, both in the building business, should already be well aware of the city restrictions on times for starting construction but apparently they wish to disregard the restrictions. I am concerned that if this small time restriction is disregarded, then what else wilI be disregarded. 6. Mr. Thompson was supposed to replace the fence on his north side with a new fence. He never did this. The inspector that checked this property apparently became confused when he was told that the fence was originally there. 7. As for building a 45' foot talI structure, I don't know why you would approve such a structure. Mr. Boatman could stay within the limits of 38' and stiII have a taIl structure. WiU you please question him on why he has to have something so tall? Please consider the neighbors around Mr. Boatman who have lived there alI these years. This talI structure will invade the privacy of those neighbors. He wilI be able to look into everybody's back yard. I personaIly have a west view of trees and evening sunsets now and hate to have this blocked. I have seen Smithfield Road go rrom a quiet country road, lined with trees, to a four-lane highway where people drive in excess of 60 miles per hour. I have seen neighbors try to keep lions, tigers, and pot-bellied pigs when they knew they shouldn't. I have watched Mr. Thompson use his land as nothing more than a dump. The neighbors should not have had to bring this activity to the city's attention. Someone should have been checking. If Mr. Boatman is successful at getting the zoning change, and I have no doubt that he wiII, then he needs to be made aware of what he can and cannot do, now and in the future and I expect the city to see to this. Susan Dunn 2 ORDINANCE NO. 2661 PZ 2002-24 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND CHANGING THE ZONING OF PROPERTY LOCATED IN THE 7000 BLOCK OF SMITHFIELD ROAD IN THE CITY OF NORTH RICHLAND HILLS FROM R2 TO R-1-S; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. 6 8 10 12 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet ofthe property herein described at least 10 days before such hearing; and, 14 16 WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in North Richland Hills at least 15 days before such hearing; and, 18 20 WHEREAS, public hearings to change the zoning on 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, 22 24 26 WHEREAS, the City Council is ofthe 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 ofthe citizens ofthe City of North Richland Hills; NOW, THEREFORE, 28 30 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 32 Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by amending the zoning on property located at 7003 Smith Field Road, and being Lot 1, Block 1, Thompson Addition, and on property located at 7005 Smithfield Road, and being Lot 1, Block 1, Boatman Addition, in the City of North Richland Hills, Tarrant County, Texas, shown on the map attached hereto as Exhibit "A," from "R2" Residential "R-I-S" Special Single Family Residential District. 34 36 38 40 Section 2: The official zoning map, of the City of North Richland Hills is hereby amended and the City Secretary is hereafter directed to revise the zoning map to reflect the amendment as set forth above. 42 44 1 Section 3: Any person, finn or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 2 4 6 Section 4: 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. 8 10 Section 5: This ordinance shall be in full force and effect immediately upon passage. 12 AND IT IS SO ORDAINED. 14 Passed on this 14th day of October, 2002. 16 18 CITY OF NORTH RICHLAND HILLS 20 By: Oscar Trevino, Mayor 22 24 ATTEST: 26 28 Patricia Hutson, City Secretary 30 32 34 w:\ General\OrdinanceS-Draft\MapChange.2661.wpd 2 7001 N A NRH PZ 2002-24 7003 & 7005 Smithfield From R-2 to R-1-S Prepared by Kellie Smith/Planning De 9/12/02 EXHIBIT i \' A " o 200 400 Feet .., CITY OF NORTH RICHLAND HILLS Department: Planning & Inspections Department Council Meeting Date: 10/14/02 ',- Subject: Public Hearing to Consider a Request by The City of North Agenda Number: PZ 2002-26 Richland Hills and Covenant Place of Richland Hills for a zoning change from "PO" Planned Development to "UtI School, Church, and Institutional District in the 7800 block of North Richland Boulevard (1.64 acres). Ordinance No. 2662 Case Summary This site was originally planned to be developed as an Alzheimer's facility (a companion development to the existing Good Place Assisted Living complex). The owner of the land, Covenant Place of Richland Hills, is no longer interested in developing this portion of the Planned Development. Instead, the City has agreed to purchase the 1.64 acre tract for the purposes of developing a neighborhood park consisting of a picnic pavilion, playground and multi-use trail. The purpose of the rezoning request is to make the zoning conform to the proposed use. At the time the original Planned Development was approved (1995), PDs were required to be a minimum of 4 acres in size. With the City's purchase of the 1.64 acre tract, the original Planned Development has now been reduced to approximately 3.1 acres in size. To avoid any "nonconforming" status to the existing assisted living development, the applicants have received a variance from the Board of Adjustment. "- Plat Status: The site is a portion of Tract A, Block 25 Holiday North Addition, Section Six. The splitting of the existing tract will require a replat of the site. The City will be responsible for submitting a replat in the near future. Existing Land Use: The site is vacant with little foliage. Comprehensive Plan: The Plan indicates Public/Semi Public uses for the site. The proposed use/zoning would be considered consistent with the Plan. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~d2~~ Account Number Sufficient Funds Available Department Head Signature Finance Director . \. ~~ '---- . PZ 2002·26 Good Place CC sum. CITY OF NORTH RICHLAND HILLS Adjacent Zoning I Land Use: \--- North: East: South: West: R-7-MFrratara Apartments PO/Good Place Assisted Living complex R-2/Single family detached residences LRlDiscovery World Day Care (playground) PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their meeting on, September 26, 2002, recommended approval of PZ 2002-26 by a vote of 7-0. RECOMMENDATION: If the Council determines that this zoning change is acceptable, the following motion is recommended: Approval of PZ 2002·26 and Ordinance No 2662. "- "--. PZ 2002-26 Good Place CC sum. Page 2 of 2 6. PZ 2002-26 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS AND COVENANT PLACE OF RICHLAND HILLS FOR A ZONING CHANGE FROM PD PLANNED DEVELOPMENT TO U SCHOOL, CHURCH, AND INSTITUTIONAL DISTRICT IN THE 7800 BLOCK OF NORTH RICHLAND BOULEVARD (1.64 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. In 1995 there was a Planned Development approved for The Covenant Group for an assisted living facility and, next door, an Alzheimer's facility. The assisted living unit was built on the property east of the site, but the balance of the property is still undeveloped and vacant. The Covenant Group has no desire to construct the Alzheimer's facility and the City Parks Department approached The Covenant Group and purchased the property with the intention of developing it into a neighborhood park. There will not be a parking area involved. This is strictly neighborhood access by sidewalk and street. There could be a small pavilion, small playground area, and perhaps a meandering trail. The intended use is very low key in terms of activity. Since it is currently zoned PD for an Alzheimer's Clinic, the owner, The Covenant Group and the City are all coming forward and asking that the property be rezoned to U, which is the district for institutional-type uses. Both the use of it as a park and the zoning are not in conflict but rather complement each other. A member of The Covenant Group is present if you have any questions. Mr. Welch asked for the Board of Adjustments comment on September 19, 2002. Mr. Green explained that when the PD was approved in 1995, there was a requirement of a minimum of 4 acres for a PD. At the time, the site was slightly over 4 acres. Taking away the area for the park leaves the existing assisted living facility less than 4 acres in size. The Legal Staff from The Covenant Group came forward and stated that they wanted to make absolutely sure that in the future this existing property would not get tagged as nonconforming because it no longer meets the 4-acre regulation. The Board of Adjustments approved the request. Chairman Bowen opened the public hearing. No one wished to speak and the Chairman closed the Public Hearing and called for a motion. Mr. Schopper, seconded by Mr. Tucker, motioned to approve PZ 2002-26. The motion carried unanimously (7 -0). Page 8 09/26/02 P & Z Minutes · "-'."~"--'-"'--"~ .- ._-_.,-."._,--~ "-_.",~--......._........... ---.,.,.... - _...~,.........-. NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CASE #: PZ 2002-26 City of North Richland Hills/Covenant Place of Richland Hills 7800 block of North Richland Boulevard 1.639 acre portion of Tract A, Block 25 Holiday North Addition, Section Six You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from the City of North Richland Hills and Covenant Place of Richland Hills Inc. to rezone a 1.639 acre site from PO Planned Development No. 20, a development for alzheimer patients, to "U" School, Church and , Institutional District. The City of North Richland Hills is purchasing this undeveloped tract of land for the purpose of developing a neighborhood park. The purpose of this request is to make the proposed use and zoning consistent. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 26, 2002 CITY COUNCIL MONDAY, OCTOBER 14, 2002 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 200' Buffer 7766 Existing A sisted Living Facility 7801 N A NRH PZ 2002-26 7801 North Richland Blvd. Zoning Request from PO to U Prepared by Planning Dept. 9/13/02 o 200 400 Fee ~.__..- - '" -"'.._"--'_._----'---.._..,--'-.~ Use temp(a~e for 5160@ ....,IIVVI,II I I::I::U .;JIICCL~ .... COLLEGE CIRCLE PROPERTY, V ANSTRANDER, ELEANOR H GOODMAN,GREGORYF #7784 6416 SUDBURY WAY 7308 MOODY CT 23801 CALABASAS RD STE FORT WORTH TX NORTH RICHLAND HILLS TX CALABASAS CA 76180-4531 76180-6107 Q1302-1558 COVENANT PL OF RICHLAND JAMES R HAMIL TON LIVING FLYNT, SEARLE E ETUX PAnl L HILLS TRUST, 7700 N RICH LAND BLVD 5601 BRIDGE ST 274 LARRY LN FORT WORTH TX FORT WORTH TX DUNCANVILLE TX 76180-6412 76112-0000 75137-0000 MOORE, VEANNA M LAWSON, DANIEL E WHITE, VIRGINIA E PO BOX 821311 7708 N RICHLAND HILLS B 7712 N RICHLAND BLVD FORT WORTH TX NORTH RICH LAND HILLS TX FORT WORTH TX 76182-1311 76182-0000 76180-6412 METZ, VERNON H ETUX PEREZ, ROLAND ETUX ZORN, DARREN ETUX BLANCA MARJORIE MARGARET 5917 STEEPLEWOOD DR 7800 N RICHLAND BLVD 7804 N RICH LAND BLVD FORT WORTH TX NORTH RICHLAND HILLS TX FORT WORTH TX 76180-6451 76180-6414 76180-6414 STRICKLIN, ROC L ETUX WARD, LINDA M HERRMAN, RICHARD J ETUX CAROLINE 5913 CRESTWOOD CIR W SHARON 5912 STEEPLEWOOD DR FORT WORTH TX 5915 CRESTWOOD CIR E FORT WORTH TX 76180-6456 ' FORT WORTH TX 76180-6450 76180-6431 :NNEMER, SHIRLEY D SOL TIS, STEPHEN M J05 CRESTWOOD CT N 5913 STEEPLEWOOD DR FORT WORTH TX FORT WORTH TX 76180-6428 76180-6451 8 AVERY® Address Labels ~ 't- ""'2..00"1. _ "2..fo Laser 5160® . Au¡-22-02 01:10am From-City Of North Richland Hi lis-Admin. +8114216016 T-911 P.Ol/02 F-618 EXHIBIT "An . Apomon of Tract A, Block 25 ofHOLIDA Y NORTH SECTION SIX, an addition to the City of _ North Richlmd Hills Tarrant County, Texas as said-Tract A appears on the revised plat thereof recorded in volume 388-130, page 56 oftbe Plat Records ofTmant County, Texas'and described by metes and bounds as follows. Beginning a.t a mark "Y" set forme southwest comer of said Tract A and the' southeast corner.of Lot 1 Block 25 HOLIDAY NORTH, an addition to the City ofNonh Richland Hills Tamnt County, Texas according to the plat rhereofrecorded in volume 388-130, page 56 of me said Plat Rtcords in the north right-of~way of North Richland Boulevard. ~ence north 00 degrees·06 minutes-OO seconds east. along the west line of said Tract A and the . eJSt line of said Lot 1 a distance of 131-92/100 feet to a 5/8" 'capped iron recovered for the northweSt comer of said Tract A and the northeast comer of said Lot 1 in the south line of Block SA COLLEGE Hll.L ADDITION, an addition to the City ofNonh R.1chland Hills according to the plat thereof recorded in volume 388-24, page 21 of the said Plat Records. Thence north 89 degrees-58 minutes-DO seconds east, along the DOrth line of said Tract A and the south line of said Block 8A a distance of 440-10/100 feet to a 5/8" capped iron set. Thence south 00 degrees-02 minutes-DO seconds east~ a distance of 223-081100 feet to a mark flY" set in the south line of said Tract A and the north right-of-way of said North Rich1an.d Boulevard. Thence northwesterly, along the south line of said Tract A and the north right-of-wa.y of said North Richland Boulevard., the following: north 66 degrees-38 minutes-54 seconds west, 31-52/100 feet to a mark "y." recovered at the beginning of a cu:rve to the left having a radius of842-65/100 feet; along said curve to the left an arc length of 264-73/1 00 feet to a mark IIY" recovered at its end., the long chord of said 264-73/100 feetefarc is north 75 degrees-38 mmutes-54 seconds west, 263-64/1 00. feet; . north 84 degrees-46 minutes· 54 seconds west, 68-20/100 feet to a mark "Y" recovered at the beginning of a. curve to the left having a radius of 3295-74/1 00 feet; along said curve to the left an arc length of 88-46/100 feet to the place ofbegúming and containing. 1-639/1000 acres, the long chord of said 88-46/100 feet of arc is north 85 degreès-33 minutes-02 seconds west, 88-46/100 feet. Post-ir' Fax Note Tg 7671 DalÐ From co. Phone II Phono II Faxir Fax!!' . 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[ ~,,: ~!I'~ ; 31 ~ f.i~ ¡! ~ h ~ I~i I: ~!( 'II 0.0 ;JII' 8. 2. -:; ¡'g 1_- .. ~:¡ B IH ZO/ZO· d 118-! 910SlZtl1B+ I rl~~~JlI ·UIIIPV-I IH pueI4'~ 4poN 10 ~H~-WOJ~ wel P10 ZO-- " -_..",~.~~.~..""~-_._~-^",,,--~-,--~---- 2 ORDINANCE NO. 2662 PZ 2002-26 4 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP AND CHANGING THE ZONING OF PROPERTY LOCATED IN THE 7800 BLOCK OF NORTH RICHLAND BOULEVARD IN THE CITY OF NORTH RICHLAND HILLS FROM PD TO U; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. 6 8 10 12 14 WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet ofthe property herein described at least 10 days before such hearing; and, 16 18 WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in North Richland Hills at least 15 days before such hearing; and, 20 22 WHEREAS, public hearings to change the zoning on 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, 24 26 WHEREAS, the City Council is ofthe 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 ofthe citizens ofthe City of North Richland Hills; NOW, THEREFORE, 28 30 32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 34 Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by amending the zoning on property containing approximately 1.639 acres ofland, located in the 7800 Block of North Richland Boulevard, and being Tract A, Block 25, Holiday North Addition Section Six, North Richland Hills, Tarrant County, Texas, shown on the map attached hereto as Exhibit "A," fÌ'om "PD" Planned Development to "U" School, Church and Institutional District. 36 38 40 42 Section 2: The official zoning map, ofthe City of North Richland Hills is hereby amended and the City Secretary is hereafter directed to revise the zoning map to reflect the amendment as set forth above. 44 1 .------- Section 3: Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 2 4 6 Section 4: 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. 8 10 Section 5: This ordinance shall be in full force and effect immediately upon passage. 12 AND IT IS SO ORDAINED. 14 Passed on this 14th day of October, 2002. 16 18 CITY OF NORTH RICHLAND HILLS 20 By: Oscar Trevino, Mayor 22 24 ATTEST: 26 28 Patricia Hutson, City Secretary 30 32 34 W:\ General\Ordinances-Draft\MapChange.2662.wpd 2 · --- ..¥_--=--.._~~------- 200' Buffer 7766 Existing A sisted Living Facility ;~fe -CD '=2- 5-~· :.:0 ',.0· .c.. ~-~ ~~?L>" ., N A NRH PZ 2002-26 7801 North Richland Blvd. Zoning Request from PO to U Prepared by Planning Dept. 9/13/02 EXHIBIT o 200 400 Fee ,; :8 s \~ A ., CITY OF NORTH RICHLAND HILLS ,..>epartment: Administration Council Meeting Date: 10/14/02 Subject: Appointment of Board Delegates to Reinvestment Zone No. 2 Agenda Number: GN 2002-117 & Appointment of Chairman The Bylaws of Reinvestment Zone Number Two state that the Board is to consist of 9 directors; six appointed by the City Council, one appointed by the governing body of Tarrant County, one appointed by the Tarrant County College District and one appointed by the Tarrant County Hospital District. The directors are to serve two-year terms of office. There are presently two vacant city-appointed seats on the board and the remaining members' terms have expired. The City Council is being requested to make six appointments to the Board. The members whose terms have expired are Mayor Trevino, Mayor Pro Tem Metts, Councilwoman Johnson, and Councilman Welch. Charles Scoma and Russ Mitchell were in the two city positions that are vacant. Initially when the Reinvestment Zone was created, David Medanich (City's Financial Advisor with First Southwest Company) recommended that the City's Board Members include elected officials of the City. Council also elected to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the exception of the one extra member on Reinvestment Zone NO.2. The Bylaws also state that the Council shall appoint a Chairman annuallý. The other \..... officers consisting of a Vice-Chairman and Secretary are to be elected by the Board of Directors at its next meeting. After the appointment of the six directors, Council is requested to appoint the Chairman. Recommendation: To appoint six Council Members to serve a two-year term on the Reif1vestment Zone Number 2 Board of Directors and to appoint the Chairman. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available' Finance Director ~ .~~ ~~t.rtment Head Signature ~r~ . City Manag Si nature CITY OF NORTH RICHLAND HILLS I , -->epartment: Administration Council Meeting Date: 10/14/02 Subject: Appointment of Board Delegates to Revinvesement Zone NO.1 Agenda Number: GN 2002-118 & Appointment of Chairman The Bylaws of Reinvestment Zone Number One state that the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County Côllege District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County.. The directors are to serve two- year terms of office. There are presently two vacant City seats on the Board and the remaining members' terms have expired. The City Council is being requested to make five appointments to the Board. The members whose terms have expired are Councilwoman Johnson, Mayor Pro Tem Metts, and Councilman Welch. Charles Scoma and Matt Milano were in the two city positions that are vacant. Initially when the Reinvestment Zone was created, David Medanich (City's Financial Advisor with First Southwest Company) recommended that the City's Board Members include elected officials of the City. Council also elected to appoint the same Council members to Reinvestment Zones No. 1 and 2 with the exception of the one extra Council Member on Reinvestment Zone No.2. The Bylaws also state that the Council shall appoint a Chairman annually. The oth~r L officers consisting of a Vice-Chairman and Secretary are to be elected by the Board of Directors at its next meeting. After the appointment of the five directors, council is requested to appoint the Chairman. Recommendation: To appoint five Council Members to serve a two-year term on the Reinvestment Zone Number 1 Board of Directors and to appoint the Chairman. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director , j CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 10/07/02 Agenda Number: GN 2002-119 Subject: Approval of New Committee Members to the Youth Advisory Committee The Youth Advisory Committee (YAC) has started its year with the first meeting in September. At this meeting, the YAC approved the following individuals for appointment to the committee. According to the by-laws, 10 members are to be appointed for a two-year term and 6 members are to be appointed for a one-year term for a total of 16 members. In addition, among those 10 members appointed to a two-year term, there can be no more than 3 members from anyone high school. The following appointments are in accordance with the Youth Advisory Committee by-laws. The following applicants are recommended for appointment to a one-year term: Kari Schmidt Julie Teague Courtney Ray Blake Weaver Brittney Martin Jessica Martin Richland High School Richland High School Harvest Academy Richland High School Richland High School Richland High School ¡he following applicants are recommended for appointment to a two-year term. Ryan Paul Dorasil Kendra Newton Shannon Mitchell Bethany Walden Emily Killough Danielle Hamilton Ginnie Ball Richland High School Birdville High School Harvest Academy Birdville High School Birdville High School Richland High School Richland High School These appointments bring the total number of Y AC members to 13, leaving 3 two-year term positions to be filled. Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for 2002-2003. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available . Budget Director Finance Director ,--.J I ~ ItI..<..~ ü:S . f fjepartní nt Head ign e CITY OF NORTH RICHLAND HILLS :- Department: Public Works Council Meeting Date: 10/14/02 Subject: Authorization for Removal of Vehicles for Street Maintenance Work - Ordinance. No. 2663 Agenda Number: GN 2002-120 The Public Works Department, on several occasions, has had to reschedule road construction projects on City streets due to motor vehicles being parked and left unattended on the street. The department distributes a road construction notification flyer to the residents 48 hours in advance of the construction. If the owner of the vehicle does not abide by the notification request, the Public Works Department has no authority to remove the vehicle. This situation has caused the department to stop the road construction project until the vehicle owner decides to move it. Stopping the road construction project creates delays for the residents of the street by having to reschedule the project for another time. In some cases when a contractor has scheduled to work on the street only to be shut down because of an unauthorized parked vehicle, the department has been charged for down time. This ordinance will help the Public Works Department accomplish their street maintenance and reconstruction projects by having authority to tow unauthorized vehicles that are left parked or unattended on City streets. The department will continue to be respectful of the residents' time and schedules and do everything possible to allow the resident to move their own vehicle. Vehicles will only be towed after every effort has been made to contact the vehicle owner. Recommendation: To approve Ordinance No. 2663. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds ÄvallaDle ?# ï!4 ~t€ C~ epartment Head Signature Finance Director Budget Director ~Q:g~ Page 1 of _ 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 ~J ORDINANCE NO. 2663 4 AN ORDINANCE AMENDING CHAPTER 16 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROVIDING FOR THE REMOVAL OF VEHICLES FROM STREETS FOR CONSTRUCTION OR REPAIR OF STREETS OR PUBLIC UTILITIES AFTER NOTICE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 6 8 WHEREAS, the City of North Richland Hills has full authority over its streets and public utilities therein and needs to provide a means to construct and repair such streets and utilities by requiring vehicles to be removed from such streets in order to accomplish the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1: Chapter 16 of the North Richland Hills Code of Ordinances is amended by adding a new Article VIII which shall read as follows: "ARTICLE VIII. REMOVAL OF VEHICLES Sec. 16-100. Notice to remove; authority. The Director of Public Works or his designee or any Police Officer shall, if they deem it necessary to clear a street or right of way for repair, reconstruction or relocation of any street or public utility, notify the owner of any motor vehicle parked in a public street or public right of way that such vehicle must be removed for construction or repair of such street or utility located therein, and the times and dates when such vehicle shall not be allowed to be at such location. Such notice shall be given to such owner by one or more ofthe following methods at least 24 hours prior to the time such removal is required: (a) A sticker or flyer affixed to the automobile; or (b) Personal notice delivered to the owner. Such notice shall state the dates during which such vehicle must be removed from the street. Such sticker or flyer shall be affixed at least twenty-four (24) hours in advance of the date and time when such vehicle must be removed. Sec. 16-101. Alternate notice to remove vehicle. Alternatively, notice may be mailed to the occupants of each residence adjacent to the street where such construction or repair is to take place or placed in a conspicuous place at such residences at least five (5) days prior to the time when vehicles must be removed from the Page 1 w, Drd\v.....~wpj 10 12 14 16 18 20 22 26 28 30 32 34 36 38 40 42 44 street. Such mailed notice shall be sufficient and effective when deposited in the mail, postage prepaid addressed to the owner of such vehicle at the last registered owner's address. 4 Sec. 16-102. Violation by allowing vehicle to be parked after notice. 6 8 No person shall allow a vehicle to be parked on a street during times when such vehicles are to be removed as provided by notice. Violation shall constitute a misdemeanor. Sec. 16-103. Towing vehicles. If a vehicle is parked in a street during a time when notice has been given that it must not be there, such vehicle may be ordered by the Director of Public Works or his designee, or by the Chief of Police or his designee, to be removed and stored at the expense of the owner. Such removal shall be by the towing service contracted by the City." Section 2: Any person who allows a vehicle registered to or owned by such person to be parked in violation of notice shall be deemed guilty 0 f a misdemeanor and fined in an amount not to exceed five hundred dollars ($500.00). Each day such vehicle shall remain parked in violation ofthe notice shall constitute a separate violation hereunder. Section 3: The city secretary shall cause this ordinance to be published. Section 4: This ordinance shall become effective immediately after passage. AND IT IS SO ORDAINED. Passed October 13, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Page 2 w, v~..,.. .....'10 CITY OF NORTH RICHLAND HILLS ) Department: Administration Council Meeting Date: October 14, 2002 Subject: Award of Solid Waste Services Contract, Ordinance No. 2664 Agenda Number: PU# 2002-039 The City sent out RFP's for solid waste collection and recycling services during the month of August. After the RFP's were sent out, we held a pre-proposal meeting to which all vendors were invited. Staff discussed the RFP requirements with the various companies and had an extensive question and answer process. As a result of that meeting, a few minor addenda were made to the RFP to clarify the process and the services being requested. All companies were requested to submit a base proposal which was equivalent to the services we presently have and had recently negotiated in the proposed contract extension with Trinity at a price that was more favorable. All proposals were received August 28th. The City received four proposals, a no-bid from from one company, and no response from a sixth company. The four vendors that submitted proposals were Community Waste Disposal, Duncan Disposal, I.E.S.I., and Trinity Waste Services. The committee, consisting of Greg Vick, Larry Koonce, Pam Burney, Angel Holbert, Donna Enos and Karen Bostic reviewed the proposals. L The RFP required that a proposer must meet or beat the base bid rates provided in the RFP. Duncan Disposal submitted a no-bid for their base bid, but did submit an alternate. The other three vendors submitted the required base bid. There were ten criteria that the committee considered in its evaluation. Committee members were assigned different tasks regarding the evaluation of the proposals, including financial review, customer service checks with cities receiving service from the different companies, and service checks regarding the alternate bids that were proposed. There were generally positive comments for the four vendors that submitted base bid proposals. The alternative proposals provided services the City was not wanting. at this time. These included such services as once a week pick-up, use of polycart containers, and some included four to six day pick-ups. They were eliminated from consideration, as staff felt we wanted to continue with the same type and level of service currently being provided. "Best and final offers" were then requested. I.E.S.I. and C.W.D. submitted "best and final offers" at the base proposal and they also submitted unsolicited alternate proposals. Trinity submitted a base proposal only. Source of Funds: Bonds (GO/Rev.) Operating Budget Other /~~L- Department Head Signature Finance Review Account Number Sufficient Funds AvallaDle Finance Director ~~i~ P:;:¡nA 1 nf 1 CITY OF NORTH RICHLAND HILLS , The Committee met and reviewed the three "best and final offers". Trinity's base proposal ~. was the lowest in the original proposal and remained the lowest in the "best and final offer". The other two companies lowered their proposals, but not significantly. Contract terms include the following: · Two times a week curbside "take all" service on Mondays and Thursdays. · Curbside recycling on either Monday or Thursday one time per week. · No rate increase for the 5 year term of the contract. · Improved customer service requirements including telephone hours, record keeping, and bulky waste collection. · Curbside Christmas tree collection. · Missed collection penalties. · In the past, missed collection complaints received before noon would be picked up that day. The new contract extends the call-in time for same day pick-up to 2:00 p.m. · All city owned facilities receive free pickup. · Sixty free hauls of 30 yard roll-off containers for community clean-up program. · Public education and information mailings to citizens. · $15,000 per year donation to the NRH Beautification Committee. · Improved Most Favored Nations clause. This covers Northeast Tarrant county cities served by the contractor receiving commercial and twice weekly curbside take-all and once per week recycling. If those rates, when implemented, would produce lower revenues, then the City shall be entitled to utilize such. "-.... · Residential construction. All sites must have a 6-8 yard front load container with at least weekly collection at the contract rate and a portable toilet at the rate of $60.00 per month, meeting the terms of our current ordinance. Attached is a tabular form showing the proposals as submitted with the original RFP and with the "best and final offer" RFP. Trinity submitted the lowest rate and met all other requirements of the process. When compared to present rates, their proposal represents an annual savings of over $600,000 per year. The current residential rate is $8.95 per month, and the proposed new rate is $7.09 per month, or a monthly savings of $1.86 per month. All services that have previously been provided to the City will be provided in this contract, plus additional services. The next best proposal economically on the "best and final" base bid was in excess of $140,000 more costly to the citizens per year. In addition to the base contract, negotiations have yielded a $10,000 per year contribution to our Senior Citizen programming and a five year versus a four year contract. These numbers are reflected in the contract. 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'" '" cO 00 '" ai ;::: M II'> <ß ëõ 'ü (¡j E E o u ¡; o I- New Monthly Residential Rates with fees will be as follows for solid waste and recycling: Service Current Proposed Savings Curbside-Take All $ 8.95 $ 7.09 $ 1.86 Senior Citizen $ 8.20 $ 6.34 $ 1.86 Backdoor Regular $ 14.99 $ 13.75 $ 1.24 Backdoor Senior $ 14.24 $ 13.00 $ 1.24 10 12 14 16 18 20 22 2 26 28 30 32 34 36 38 40 42 44 4 ORDINANCE NO. 2664 4 AN ORDINANCE GRANTING A FRANCHISE AND APPROVING A CONTRACT FOR SOLID WASTE COLLECTION AND RECYCLING SERVICES. 6 8 WHEREAS, in order to protect the public health and safety of the citizens of North Richland Hills, the North Richland Hills City Council finds it necessary to provide solid waste and recycling services, and WHEREAS, the City Council finds it in the best interest of the public to provide such solid waste and recycling services through a private collection disposal and recycling contractor, and WHEREAS, the City Council finds that the contract attached hereto will provide such services at the best rates and under the best terms available, taking into account price, dependability and quality of service to the inhabitants of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1: THAT the City Council does hereby adopt the above findings. Section 2: THAT the contract attached hereto and made a part hereof, be and is hereby approved as a franchise (agreement) with Trinity Waste Services, Inc. Section 3: THAT the City Manager is hereby authorized to execute the contract attached hereto as the act and deed of the City. AND IT IS SO ORDAINED. Passed this 14th day of October, 2002. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary CI\WINDOWS\TEMP\SoIId W..tc.Z664.wpd Page 1 Approved as to form and legality: 4 6 George A. Staples, Attorney CI\ WINDOWS\ TEMP\Solld W..~.2664.wpd Page 2 GENERAL SERVICE REQUIREMENTS CONTRACT THIS CONTRACT (the "CONTRACT") is made and entered into on February 1, 2003, by and between the CITY OF NORTH RICHLAND HILLS, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "CITY") and Trinity Waste Services authorized to do business in the State of Texas (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City desires to provide residential and commercial customers within its corporate limits with solid waste collection, transport, disposal and recycling services for a term of 5 years ending January 31,2008; and WHEREAS, the City strongly encourages customers and the Contractor to actively pursue recycling opportunities in order to attain State recycling goals as established in Senate Bill 1340; and WHEREAS, the Contractor has provided the City with a response to its Request for Proposals (RFP) dated August 13, 2002 for solid waste disposal and recycling services on a Contract basis. NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY it is hereby understood and agreed by the parties hereto as follows: 1. Grant. CITY hereby grants to CONTRACTOR a Contract to engage in the business of collecting and disposing of all residential and commercial recyclable Materials, Acceptable Waste and Special Waste as defined herein below which is generated within the corporate limits of the CITY and, further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, easements and thoroughfares within the limits of the CITY for said business during the term of this Contract. 2. Term. The term of this Contract shall be for five (5) years commencing on February 1,2003 and terminating on January 31, 2008. 3. Definitions. Wherever used herein, the hereinafter listed terms shall have the following meanings: a) Acceptable Waste: Any and all waste that is solid waste, including brush, garbage, yard waste and trash, as solid waste is defined under the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder and that is acceptable for disposal in a Landfill, except for "Unacceptable Waste", as defined herein. b) Backdoor Solid Waste Service (Elective Carry-Out Service): Refuse pickup from behind the building line. The refuse shall be placed in front on the building facing the street in such a manner clearly visible from the street as to be accessible without entering a gate. Backdoor Garbage Service shall 1 be provided at an additional charge as later specified in this document for all residential households who request the service. c) By-Products With Residual Value: Any excess industrial, manufacturing or commercial by-products or significant and constant volumes of materials of a company which have a residual value on the open market, (such as cardboard and packing materials). d) Brush: Tree and shrub trimmings which are not easily placed in disposable containers. e) Commercial Containers: Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. f) Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by the CONTRACTOR will be located at the curbside of the street bearing the customer's address or, if there is no curb, where the customer's property line meets the street. g) Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, automobile frames, or large, uncut dead trees. h) Disposable Containers: Any plastic bag or cardboard box with a capacity or volume of thirty three (33) gallons or less and which is capable or containing solid waste or trash without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. i) Solid waste: Refuse animal or vegetable matter (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors. j) Load: When used in referring to loose brush, a load shall be deemed to mean ten cubic yards of brush. k) Multi-Family/Apartment Residential Complex: A structure in which three or more families reside and claim as their permanent address. I) Permanent Containers: Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three (33) gallons or less and which is capable of containing solid waste or trash without leaking or emitting odors, and which weighs, when loaded, less than (50) pounds. m) Recyclable Materials: Metal Cans: Rinse metal cans and place in bin. 2 Aluminum Cans: Aluminum drink cans, compacted. Glass: Clear, green and brown glass bottles and jars. No mirrors, window glass, plate glass or light bulbs. Plastic Bottles: Only plastic bottles with recycling symbols, #1, #2, #3, #4, #5, and #7. Examples include milk bottles, soft drink liter bottles, detergent bottles, cleaning bottles and shampoo bottles. Rinse and remove lids. Newspapers, Magazines, Catalogs Newspapers, magazines and catalogs including slick and glossy inserts. Junk Mail, Cardboard, Mixed Household Paper Junk mail, envelopes, cereal boxes, cardboard, chipboard and other household paper products in a brown grocery bag placed beside or inside the Bin. No tissues, wet paper or paper Contaminated with food products are acceptable. All cardboard must be broken down to a size that will fit inside the bin. Other: Items that are identified as recyclable by City, CONTRACTOR, or as a result of changes in any local, state or federal Laws, ordinances or regulation n) Recycling Containers: Eighteen (18) gallon or greater, container with a lid provided by CONTRACTOR for each residential Customer at no charge. Any container must be approved by the City. 0) Special Waste: Any waste, even though it may be part of a delivered load of waste excluding insignificant quantities found in residential waste, which is: (1) defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder; or (2) medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities; and (3) dead animals and/or slaughterhouse waste; or (4) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (5) liquid waste, which for the purposes of this Contract means any waste material that is determined to be or contain "free liquid" by the paint filter test (EPA Method 9095); or 3 (6) waste from an industrial process; or (7) waste from a pollution control process; or (8) waste transported in a bulk tanker; or (9) friable and/or nonfriable asbestos waste; or (10) empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides; or (11) containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition; or (12) residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition; or (13) soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products; or (14) residential wastes, only if a change in federal or state law, statute, regulation, rule, code, ordinance, permit, or permit condition, which occurs after the Effective Date of this Contract, requires special or additional management that differs from the requirements applicable on the Effective Date of this Contract; or (15) any waste that requires other than normal handling, storage, management and/or disposal. p) Trash: All household refuse other than solid waste, debris, brush, household furniture and appliances. Trash shall include grass, yard clippings, leaves, weeds, heavy accumulations of newspapers and magazines, Recyclable Waste, old clothes and other household trash of like kind, but shall not include Hazardous Wastes. q) Unacceptable Waste: Any and all waste that is either: (1) waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal and/or local laws and/or the regulations promulgated thereunder; or (2) "Hazardous Waste'; or (3) "Special Waste', as defined herein; (4) waste which is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by- products; or (5) liquid waste, as defined herein, and septic tank pumping and grease and grit trap wastes; or (6) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (7) dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of CONTRACTOR; or 4 (8) any waste, including "Special Waste" as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of the disposal site, as determined by CONTRACTOR in its sole discretion. r) Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs, and other materials accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. 4. Residential a) Duties and Obligations of Residential Customers. Every owner, agent, lessee, tenant or occupant of any residential premises in the CITY ("residential customer") shall have the following duties and obligations: (1) Brush and Trash: Each residential customer shall place brush or trash which cannot be placed in disposable containers or permanent containers into lengths not to exceed four (4) feet, tie same in bundles, and stack such brush or trash at curbside (as is hereinafter provided). CONTRACTOR will also dispose of residential loose brush for $10.00 per load. A "load" shall be deemed to mean up to 1 0 cubic yards of brush. Trimmings may not be the result of commercial tree trimming services. Arrangements for this service can be made by contacting CONTRACTOR'S customer service representative Monday through Friday, 8:00 a.m. to 5:00 p.m. If load is more than 10 cubic yards CONTRACTOR shall provide an estimate to customer before load is picked up. (2) Containers Secured: Each residential customer shall keep all such containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (3) Draining Liquids: Each residential customer shall drain all Acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. (4) Placement of Waste and Materials: Each residential customer shall place appropriate containers containing Acceptable Waste, Recyclable Materials and tied bundles of brush at the curbside on the R.O.W. bearing such residential customer's address in such a manner as to be easily accessible for collection and as to prevent Acceptable Waste, Recyclable Materials and tied bundles of brush from being scattered. 5 (5) Residential Containers: Each residential customer shall provide and use containers (disposable or permanent) sufficient in number to hold the Acceptable Waste accumulating on the premises. Only the recycling containers furnished by Contractor shall be used for Recyclable Materials. (6) Special Waste: No residential customer shall place for collection, or permit to be placed for collection, any Special Waste. (7) Time of Placement of Waste and Materials: All appropriate containers and tied bundles of brush required to be located at the curbside shall be placed at the prescribed curbside locations not more than twelve hours prior to the scheduled collection day and not later than 7:00 a.m. on the scheduled collection day. (8) Vines and Bushes: Each residential customer shall place all vines and thorny bushes in disposable containers. (9) Waste and Materials in Containers: Each residential customer shall place all Acceptable Waste and Recyclable Materials (including brush, if the size of the brush allows) in either disposable containers, permanent containers or recyclable containers. b) Contractor's Duties and Obliqations - Residential. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Collection: CONTRACTOR agrees to make two (2) weekly curbside take-all collections for Acceptable Waste on Mondays and Thursdays and one (1) weekly curbside collection for Recyclable Materials. Collections for Recyclable Materials from residential customers shall be on one of the same days that Acceptable Waste is collected. Hand load customers receive service twice per week. CONTRACTOR shall not commence service to residential customers prior to 7:00 a.m. and shall not pick up in residential areas after 7:00 p.m. Unusual, emergency situations requiring a later one-time temporary change in schedule shall be timely communicated to the City Manager or his designated representative, prior to such temporary time change being made. No collections will be made on Saturdays, Sundays or holidays (See Section "6.M" for more information about holidays). The recycling collection will be in addition to the regular twice weekly collection of acceptable waste. CONTRACTOR shall pickup both regular and backdoor service customers in the manner specified herein. (2) Customer Service Number: CONTRACTOR agrees to maintain an office located in Tarrant County with a local telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to 6 keep said phones available for calls from 7:00 a.m. to 7:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section (6.L) herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment and Services Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. (4) Take-All Service: CONTRACTOR shall collect all items placed on the curb as part of the regular waste collection cycle providing that the items are acceptable for landfill disposal and the items are containerized in a bag or box. Brush and tree limbs must be tied in bundles not to exceed four (4) feet in length and fifty (50) Ibs. In weight. This service includes construction and fencing materials generated by the homeowner resulting from repair and remodeling projects. Fence panels must be cut into four-(4) foot by six (6) foot sections. Loose pickets must be tied and bundled. Bulky items, including stoves, furniture, hot water heaters, dishwashers, refrigerators, etc., when placed on the curb, will be picked up as part of normal service collections. Federal Law prohibits the collection of refrigerator or freezer units unless certification is provided that CFC's have been removed by a certified technician. Other hazardous waste items that are not acceptable for landfill disposal include tires, batteries, petroleum products, paints and other chemicals and solvents identified by the U.S. Environmental Protection Agency. (5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or adjacent properties. Vehicles shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name and phone number in letters not less than four (4) inches in height and shall be individually numbered on both sides and on the back of the truck. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. Vehicles must meet the current standards set out by the TCEQ/EPA guidelines. 7 (6) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work performed. (7) Multi-Family Unit Recycling: See Section 5.B. (8). (8) Non-Collection Days: CONTRACTOR agrees that no collections will be made on Saturdays, Sundays or Contract designated holidays (See Section "6.L" for more information about holidays). (9) Residential Recycling Containers: CONTRACTOR shall provide for each residential customer an eighteen-(18) gallon or greater, container with a lid at no charge, which shall be dedicated solely for the collection of Recyclable Materials. Such container shall be delivered to each residential customer by the CONTRACTOR along with a brochure explaining how the container is to be used and other information pertinent to the recycling service. The CONTRACTOR shall charge a replacement cost as recommended by the CONTRACTOR and approved by the City Manager for any recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling container. The residential customer shall not be responsible for any containers damaged or destroyed by CONTRACTOR. Container must be approved by the City. (10) Routes and Schedules: Collection routes shall be established for the collection of Acceptable Waste and Recyclable Materials as necessary to fulfill the requirements of this Contract. The CONTRACTOR shall submit a map designating the collection routes and proposed days of collection to the City for approval. CONTRACTOR shall give the City thirty days advance notice prior to any route change. All route changes must be approved by the City Manager. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. (11) Christmas Tree Recycling: See Section 6.D. c) Residential Charqes. (1) Customer Billing: CITY agrees to bill all residential customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority. 8 (2) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: a. Residential Acceptable Waste Charges and Residential Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billing (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 8% of the gross billing (excluding all appropriate sales taxes) for billing and collection fee, for a total of 12%. CITY shall remit to the CONTRACTOR its check in the amount of 88% of all amounts billed for residential solid waste and recycling service for ACCEPTABLE WASTE and recyclables collected. The 12% not remitted for residential billings shall become the Property of the CITY. (3) Residential Acceptable Waste: CITY and CONTRACTOR agree that the MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on ATTACHMENT "A". (4) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge shall be as provided in Attachment "A". Residents 65 years of age and older may execute a request for an exemption of 75¢. If requested, the CITY will grant an exemption to each head of household 65 years of age or above an amount of 75¢ from the curbside Recycling charge. The CITY will remit to the CONTRACTOR the amount normally submitted to the CONTRACTOR for each regular account, less the 75¢. 5. Commercial, Industrial, Institutional and Multi-Family A. Duties and Obliqations of Commercial, Industrial. Institutional and Multi- Family Customers. Every owner, agent, employee or person otherwise in charge of any commercial, institutional, industrial and multi-family premises within the CITY ("commercial customer") shall have the following duties and obligations: (1) Containers Secured: Each commercial and multi-family customer shall keep all commercial containers pursuant to the City's Zoning Ordinance and in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (2) Draining Liquids: Each commercial and multi-family customer shall drain all Acceptable Waste or Recyclable Materials mixed with water or other liquids before placing same into a commercial container, and, further, no commercial or multi-family customer 9 shall place for collection, or permit to be placed for collection, any Hazardous Waste or Special Waste. (3) Sufficient Containers: Each commercial and multi-family customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the premises. (4) Waste and Materials in Containers: Each commercial and multi- family customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such premises to be placed in commercial containers. Commercial and multi-family customers shall place said containers in a certain designated location which is agreed to by CONTRACTOR and customer, bearing such customer's address for collection at the same time and in the same manner as is provided for residential refuse collection. The location of the customer's container shall be placed such that no damage results to the pavement or asphalt surfaces. CONTRACTOR shall not be liable for damages to pavement or asphalt surfaces, which result from the container being placed in such location. (5) Other Waste: Any company which produces on a regular basis industrial, manufacturing, or commercial products which have a residual value in the open market or that produce significant and constant wastes, such as cardboard from their business, may sell and market said products in a manner determined by the individual company and are not required to utilize the CONTRACTOR for this service. If such companies use other, non-Contractor commerciallindustrial recyclers for such waste, such recyclers shall conform to and be permitted or franchised as apparent under City of North Richland Hills' rules and regulations. Any questions or disputes shall be resolved at the discretion of the City Manager. (6) Other Recycling: Any company desiring to recycle wastes that are not or cannot be recycled by CONTRACTOR shall only use such commercial/industrial recycling company that has a current permit or franchise in North Richland Hills. B. Contractor's Duties and Obliqations - Commercial. Industrial. Institutional and Multi-Family. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Containers: CONTRACTOR shall provide all commercial containers for Acceptable Waste or Recyclable Materials storage which are available upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family residences. The commercial containers 10 provided by CONTRACTOR shall be equipped with suitable covers to prevent blowing or scattering of Acceptable Waste or Recyclable Materials while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week. CONTRACTOR shall provide to commercial customers, containers sufficient in number and size to hold all of the customer's Recyclable Materials. (2) Customer Service Number: CONTRACTOR agrees to maintain an office located in Tarrant County with a local telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 7:00 a.m. to 7:00 p.m. every day except Saturday, Sunday, and the holidays set forth in Section "6.M" herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above- mentioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the City in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. (4) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work perform~d. (5) Lawful Disposal: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit 11 to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTORS name in letters not less than four (4) inches in height and shall be individually numbered. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. Vehicles must meet the current standards set out by the TCEQ/EPA guidelines. (6) Non-Collection Days: CONTRACTOR agrees that no collections will be made on Saturdays, Sundays, or Contract designated holidays (See Section "6.M" for more information about holidays). (7) Routes and Schedules: Collection routes shall be established for the collection of Acceptable Waste and Recyclable Materials as necessary to fulfill the requirements of this Contract. The CONTRACTOR shall submit a map designating the collection routes and proposed days of collection to the City for approval. CONTRACTOR shall give the City thirty days advance notice prior to any route change. All route changes must be approved by the City Manager. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. CONTRACTOR shall adjust schedules and times of collection to avoid disturbance of residential areas when picking up from commercial, industrial and institutional customers. (8) Multi-Family Unit Recycling: CONTRACTOR shall make available the following options for multi-family recycling: Option 1 Cluster Service: In this option clusters are distributed throughout the complex. A cluster is an arrangement of three 96-gallon carts with decals to identify the material they accept. One is for newspaper, magazines and catalogs. The other two are for glass bottles, plastic bottles #1,2,3,4,5 & 7, tin aluminum and steel. These clusters are distributed at the rate of one cluster per 50 units. The clusters are serviced once per week by the same residential recycling truck for the adjacent residential neighborhood. 12 Rates will be established by mutual consent of CONTRACTOR and CITY. Option 2 Full Program: (Clusters and apartment recycling bin) Clusters, apartment recycling bins and all the necessary educational materials are provided. Each unit on the complex receives a nine-(9) gallon apartment recycling bin to keep in their own individual living unit. Bins are similar to residential bins but smaller and equipped with handles. The full program option is serviced each week by the same residential recycling truck for the adjacent residential neighborhood. Rates are established by mutual consent of the CONTRACTOR and CITY. CONTRACTOR will be responsible for informing multi-family complex owners and operators of these available options. (9) General Recycling: CONTRACTOR agrees to provide recycling services upon request to commercial, industrial and multi-family customers. In the event it is not cost effective for CONTRACTOR to make such services available, it has the right to decline. It is understood that customers can engage a permitted or franchised commercial hauler to collect solely and pure recyclable materials if clearly separated in a recyclable container only at customer's location. C. Commercial. Industrial. Institutional and Multi-Family Charqes. (1) Commercial, Industrial, Institutional and Multi-Family Acceptable Waste: CITY and CONTRACTOR agree that the monthly service charges for commercial, industrial, institutional and multi-family Acceptable Waste shall be provided in ATTACHMENT "A", which is attached hereto and incorporated herein by reference. (2) Commercial, Industrial, Institutional and Multi-Family Recycling Charges: The service charge for commercial, industrial, institutional and multi-family acceptable waste recycling shall be negotiated between the CONTRACTOR and customer and submitted to CITY for billing. CONTRACTOR will pick up OCC materials for free, but with the container fees specified in Attachment "A". (3) Customer Billing: City agrees to bill for all permanent and regularly scheduled commercial, industrial, institutional and multi-family customers served by the Contractor. Contractor agrees to bill for temporary container service. Contractor will submit to the City by 13 the 20th of each month a detail and summary report for all permanent and regularly scheduled customers for billing purposes. Detail and summary reports must balance. Contractor will submit, for informational purposes, a listing of the temporary container services the Contractor billed, which includes customer name, address, service type and charges. City further agrees to collect and remit all sales taxes to the appropriate governmental authority. (4) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: a. Commercial, Industrial, Institutional and Multi-Family Acceptable Waste Charges and Commercial, Industrial, Institutional and Multi-Family Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billing (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 6% of the gross billing (excluding all appropriate sales taxes) for billing and collection fee, for a total of 10%. CITY shall remit to the CONTRACTOR its check in the amount of 90% of all amounts billed for commercial, industrial, institutional and multi-family ACCEPTABLE WASTE and recyclables collected. The 10% not remitted for commercial, industrial, institutional and multi- family billings (6% for billing and collection and 4% franchise fee) shall become the Property of the CITY. 6. Miscellaneous a) Assignment of Contract: This Contract and any and all rights and obligations of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company, affiliate, or subsidiary of CONTRACTOR without the consent of the CITY, but may be assigned to any other third party only with the prior written consent of the CITY's City Council. b) Applicable Law: CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state, or local authority. In this regard, CONTRACTOR shall not be required to collect and dispose of any Special Wastes, or any other improper waste. Should CONTRACTOR elect to dispose of such materials, CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply with all applicable state and federal laws regulating collection and disposal of waste, and to hold the City harmless of and from all claims and demands of any persons or governmental agency in connection with its landfills. 14 c) Bad Debt Collections and Write-Offs: The CITY will diligently pursue the collection of bad debts and those which are deemed uncollectible after 60 days will be written off by the CITY and write-offs will be adjusted (deducted) from CONTRACTOR'S monthly payment following the quarter of the write- offs. Although write-offs will be made, CITY will continue to pursue collection and any bad debts collected after any quarterly payment adjustment will be added to the next monthly payment to the CONTRACTOR. d) Christmas Tree Recycling: CONTRACTOR shall collect Christmas trees at curbside on two dates selected and publicized by CONTRACTOR and transport such trees to a site designated by CITY, remove all plastic and other contaminants and shall grind the trees into mulch for such use by the CITY as it chooses. If CONTRACTOR decides to take trees to non-city recycling center for mulching, the CONTRACTOR shall deliver mulch to City Center for citizens' use free of charge. e) City Liaison: CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an enforcement office hereunder and to act as a liaison between the CITY and CONTRACTOR. f) City Ordinances: CITY agrees to pass such ordinances as are necessary to effectuate all terms of this Contract including all duties and obligations required of residential and commercial customers. g) Contract Execution: This Contract may be executed in any number of counterparts, each of which will for all purposes be deemed to be an original, and all of which are identical. h) Contract Validity: If any provision or portion of this Contract is for any reason unenforceable, inapplicable, or invalidated then such provision or portion shall be reformed in accordance with applicable laws and the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable, inapplicable or invalidated provision had never been contained herein. The invalidity, inapplicability, or unenforceability of any provision or portion of this Contract shall not affect the validity, applicability or enforceability of the other provisions or portions of this Contract. i) Contractor Liability/lnsurance: CONTRACTOR assumes all risk of loss or injury to property or persons arising from any of its operations under this Contract, and agrees to indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit liability of CONTRACTOR. 15 CONTRACTOR agrees to carry the following types on insurance: CoveraQe Limits of Liabilitv Worker's Compensation Statutory $1,000,000 Combined Single Limit, bodily injury and property damage combined Automobile Liability General Liability $1,000,000 Combined Single Limit, bodily injury and property damage combined Property Damage Liability Except Automobile $1,000,000 each occurrence $2,000,000 aggregate $2,000,000 aggregate Excess Liability Coverage CONTRACTOR agrees to furnish the CITY Certificates of Insurance evidencing that such insurance has been procured and is in force. j. Performance Bond: The successful CONTRACTOR shall be required to furnish a performance bond as security for the faithful performance of this Contract. Said performance bond must be in an amount equal to $250,000 and must remain in effect for the term of Five (5) years. The CONTRACTOR shall pay any and all premiums for the bonds described above. A certificate from the surety showing that the bond premiums are paid in full shall be submitted to the CITY on an annual basis for the duration of the contract. k. Customer Service: CONTRACTOR shall provide responsive customer service and maintain sufficient staffing thereto. Any and all complaints and inquiries received prior to 2:00 p.m. shall be resolved by the end of the CONTRACTOR'S work day. Any and all complaints and inquiries received after 2:00 p.m. shall be resolved before 12:00 p.m. the next working day. CONTRACTOR will pay a $25.00 per occurrence penalty to CITY for each missed collection if not picked up within the remedy period provided herein. If the same address is missed and not picked up within the remedy period more than three times in any 90 day period, the penalty to be paid by CONTRACTOR shall be doubled. The CONTRACTOR shall provide one contact person (name and phone #) for any and all complaints and requests from City staff. The CONTRACTOR shall monitor its own operations for efficiency and shall periodically perform customer satisfaction surveys. 16 I. Free Service to City: CONTRACTOR shall provide free pickup and disposal for all CITY facilities and properties in manners specified by the City. This shall also include NRH20 Family Water Park and Iron Horse Golf Course. The City shall also have free dumping privileges during the term of this agreement at the nearest landfill or transfer station used by the CONTRACTOR. Free dumping is interpreted as meaning no charge or cost assessed to the CITY. CONTRACTOR shall also provide at no cost or fee to the CITY all services, materials, and equipment related to the City's workplace recycling program. m. Holidays/Make-Up Days: CITY and CONTRACTOR agree that the following days shall be recognized as holidays: New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day The CONTRACTOR must provide a make-up day the next working day following the holiday, so that each customer receives the same number of collection days as would normally be received in a non-holiday week. For Monday pick-up the make-up day will be Tuesday and for Thursday pick-up the make-up day will be Friday. If a necessity arises the CONTRACTOR believes warrants collection services on a designated holiday, approval shall be obtained from the City Manager or his designated representative, at least 24 hours prior to holiday collection. CONTRACTOR will be solely responsible for timely notification of the affected customers of this holiday pick up. n. Hazardous and inclement Weather Days: On icy, snow or other hazardous or inclement weather days when public schools in the Birdville ISD are closed, CONTRACTOR may elect to suspend service for that day, subject to notification of the City Manager, or his designated representative. No make-up day for missed weather day is required of CONTRACTOR. CONTRACTOR shall be solely responsible for timely notifying customers of this temporary suspension of service. o. Interruption in Service: In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any reason for more than forty-eight (48) hours, CITY shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide and protect the public heath and safety. If the interruption in service mentioned in the paragraph above continues for a period of seventy-two (72) hours, and is not caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God, changes in laws statutes, regulations or ordinances or other similar of 17 different contingency beyond the reasonable control of the Contractor, then the City shall have the right to terminate the rights and privileges granted in this franchise. p. Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of CONTRACTOR with relation to the operation of the services set forth herein. In this connection, the CITY shall have the right, through its Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. q. Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for judicial interpretation that such court shall not apply the presumption which results from the rule of construction that a document or its contents is to be construed against the person who himself or through his agent prepared the same. r. Non-Collection: Should a dispute arise between the CITY, CONTRACTOR, and/or a customer as to whether the CONTRACTOR actually failed to make a collection (whether the CONTRACTOR missed a pickup) the decision of the City Manager in such matter shall be final and CITY and CONTRACTOR agree to abide by said decision. However, it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume, or weight of Acceptable Waste or Recyclable Materials for collection, CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non-collection. CONTRACTOR shall also provide notice to the customer of the reason for such non-collection (unless such non-collection is the result of the customer's failure to timely place the brush or containers out for collection). Contractor's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business, and shall indicate the nature of the violation and the correction required in order that such waste or recycling materials may then be collected at the next regular collection date. When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection day and where no notice of non-collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall investigate. If the investigation disclosed that CONTRACTOR HAS FAILED TO COLLECT Acceptable Waste or Recyclable Materials from the subject premises without cause, CONTRACTOR shall collect same within 18 twelve (12) hours after a collection order is issued by CITY, at no additional charge. s. Records and Reports: The CITY shall have access at all reasonable hours to all CONTRACTOR'S records, customer service cards, and all papers relating to the operation of the services set forth herein. CITY shall have the right to audit CONTRACTOR'S records upon giving written notice. The following records and reports shall be emailed monthly to the City Manager or his designee by the fifteenth (15th) day of each month in a format which can be electronically sorted as to each of the items specified below: 1) Complaint list containing at least the street address, complaint code, date and time of complaint and the date and time of resolution; 2) Customer service reports detailing call received, nature of calls and response times; 3) Reports of results of all complaint received and investigations completed by CONTRACTOR; 4) Adequate report on recyclable collections will be submitted and shall include the number, percentage of households participating, tonnage (by category) of recyclable, dollars generated for items sold, and where and how the recyclables were disposed of. 5) CONTRACTOR will provide a monthly report on cubic yards of solid waste deposited at the landfill from North Richland Hills. The report will include a breakdown of how much is from residential customers, commercial/industrial customers, CITY facilities, and landfill days. 6) A monthly listing of all commercial accounts served. This list shall include customer's name, address, frequency of pickup, size of container or type of service and charges for same. t. Termination for Cause: If, at any time, the CONTRACTOR shall fail to substantially perform terms, covenants or conditions herein set forth, the following steps shall be taken: 1) CITY shall notify the CONTRACTOR by registered or certified mail the specific reason in support of the CITY'S claim that the CONTRACTOR has substantially breached the terms and provisions of the contract. CONTRACTOR shall be allowed a thirty (30) day period from the date of receipt of said notice from CITY to remedy any failure to perform. 2) Should the CONTRACTOR fail to remedy its performance after thirty (30) days, a hearing shall be held with the City Manager or his designated representative. Written notice shall be sent to the CONTRACTOR of the date and time of the hearing. The City Manager or his designated representative may recommend that the CONTRACTOR has failed to remedy performance and that a termination hearing be held by the City Councilor that a correction plan be approved to allow for the needed remediation by the CONTRACTOR. 19 3) Should the CITY deem the CONTRACTOR to have failed to remedy performance, a hearing shall be conducted in public by the City Council. A notice shall be sent to the CONTRACTOR no earlier than then (10) days before the scheduled hearing. The notice shall specify the time and place of said hearing and shall include the specific reasons in support of the CITY'S claim that the CONTRACTOR has substantially breached the terms and provisions of this contract. The CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in aforesaid notice. If, after said public hearing, the City Council makes a finding that the CONTRACTOR has failed to perform the contract, its clauses and tenants, the City Council may, by majority vote, or other voting rule as determined by the Council, terminate the contract. Contract termination date shall be effective six months from such findings. This Contract may, at the option of the CITY, be terminated in the event of bankruptcy, receivership, or assignment for the benefit of creditors by the CONTRACTOR. u. School Recycling: The CONTRACTOR shall make recycling available to each school at no charge under guidelines set out by the CONTRACTOR and approved by the City Council. School recycling generally utilizes commercial containers. Schools are only charged for refuse pick-up. v. Spillage: CONTRACTOR will not be required to clean up or collect loose residential Acceptable Waste or Recyclable Materials not created by its operation, but if same is not collected by CONTRACTOR, CONTRACTOR shall report the location of such conditions to CITY so that proper notice can be given to the occupant of the residence to properly contain such waste or materials. Spillage or excess Acceptable Waste or Recyclable Materials at the location of commercial containers may be picked up by CONTRACTOR after the customer reloads the commercial container. CONTRACTOR shall then be entitled to, and shall receive, an extra collection charge for each reloaded container requiring an extra collection provided CONTRACTOR notifies CITY of such extras charge in time for same to be included by CITY in such customer's monthly bills. Should such commercial spillage continue to occur, CITY shall require the commercial customer and CONTRACTOR to increase the frequency of collection of such customer's Acceptable Waste or Recyclable Materials or require the customer to utilize a commercial container with a larger capacity and CONTRACTOR shall be compensated for such additional services. w. CONTRACTOR shall provide free of charge 30-yard roll-off containers and up to sixty (60) hauls annually for the community cleanup programs as defined by the City. The City will require six (6) additional free dumpsters for participation in Texas Recycles Day, Trinity Trash Bash, Fall Community Clean Ups and Great American Cleanup. These programs are conducted on four (4) Saturdays per year. 20 x. CONTRACTOR shall provide City at no charge appropriately sized recycling containers and once per week recycling service at each City facility. y. Public Education and Information: CONTRACTOR agrees to pay printing, mailing and postage cost for a twice-yearly newsletter to update citizens on solid waste policies and programs as regards recycling, brush pickup, yard waste reduction, Christmas tree recycling, Community Clean-Ups and other waste saving programs and events. The CITY agrees to design and produce a twice-yearly newsletter of not more than four (4) pages and provide camera-ready or digital format layouts for printing and distribution by CONTRACTOR. City will provide zip-code-sorted digital list of all addresses to receive said newsletter. All promotional and educational materials must be approved by the City prior to printing and mailing. CONTRACTOR shall provide the City with 250 copies of these materials. CONTRACTOR agrees to participate in Texas Recycles Day, Trinity Trash Bash, spring and Fall Community Clean Ups and Great American Clean Up events each year, providing commercial containers and banners as determined appropriate by CONTRACTOR for each event. CONTRACTOR shall contribute annually, beginning on February 1,2003 and each year thereafter for the term of the contract, $15,000 for use by the North Richland Hills Beautification Committee. CONTRACTOR shall contribute annually, beginning on February 1, 2003 and each year thereafter for the term of the contract, $10,000 for the City of North Richland Hills Senior Citizen Programming. z. If, during the term of this contract, CONTRACTOR enters into a contract or renews or extends a contract for waste services with a city in Northeast Tarrant County which provides for commercial service, twice weekly residential curbside take all solid waste pick up and once per week curbside recycling at rates which would produce lower revenues, exclusive of fees, than the rates provided herein, then CITY shall be entitled to utilize the rate schedule agreed to by CONTRACTOR for such municipality in place of those provided herein. Northeast Tarrant County cities shall be defined as: Richland Hills, Haltom City, Watauga, Colleyville, Hurst, Euless, Bedford, Keller, Southlake, Westlake and Grapevine. aa. CITY agrees to require that sanitation services be provided at all residential construction sites in accordance with Building Official and North Richland Hills ordinance requirements. Services to be provided by CONTRACTOR under this section are as follows: a. Provide front-load (6 or 8 cubic yard) container with a frequency of service at least weekly as provided in the front-load matrix; 21 b. Provide roll-off container at least weekly at the rate agreed in the roll-off matrix; and c. Provide sanitation services with a chemical toilet at a rate of $60.00 per month per unit and a delivery fee of $25.00 per unit. Chemical Toilets shall be serviced once per week. These services are required to meet Ordinance No. 2592. IN WITNESS WHEREOF, the parties have executed this contract upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS CONTRACTOR By: By: City Manager TITLE: DATE: DATE: ATTEST: ATTEST: City Secretary APPROVED AS TO FORM: Attorney for the City 22 Attachment 'A' RESIDENTIAL RATES Residential Curbside Recycling Curbside Residential & Recycling Curbside Total Contract Rates $ 5.55 $ 1.54 $ 7.09 $ 6.34 $ 13.75 $ 13.00 Service Residential Curbside W/Recycling - Sr. Citizen Residential Sackdoor Service W/Recycling Residential Sackdoor Service W/Recycling--Senior Citizen COMMERCIAL RATES Front Load Compactor Rates Commercial Roll Off Rates Compacted Roll Off Rates Commercial Handload 2 times per week @ $18.28 per month (limit 4 bags) Casters $6.00 per month per caster Locks/or Gates $1.00 per lift CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10/14/02 Subject: Reject Bid from Dal-Ec Construction, Ltd. for the Agenda Number: PW 2002-113 North Tarrant Parkway Street and Pedestrian Lighting Project On October 1,2002, the City accepted bids for the North Tarrant Parkway Street and Pedestrian Lighting Project. Only one electrical contractor submitted a complete bid on time. The bid was submitted by Dal-Ec Construction, Ltd., whose references have been verified and seems to be a very reputable contractor. The bid prices also seem very reasonable when compared to the lighting fixture prices furnished to the engineer by the lighting manufacturer. However, Public Works staff understands Council's concerns when awarding projects based on only one bid. But, staff is also concerned that this maybe the best bid the City will receive. If the project is rebid, Dal-Ec Con$truction, Ltd. may not submit another bid. There is also no guarantee that the other contractors will even submit bids or if the bids submitted will be higher or lower. The City's consulting engineer (Kimley-Horn Associates) indicated that 3 contractors picked up plans during the bid advertising period. The engineer also contacted 4 additional electrical contractors and faxed the bid proposal to each one. This was done one week prior to the bid opening in an effort to raise more interest in the project. On the day of the bid opening, only one bid was submitted on time with a second bidder arriving 10 minutes late with an incomplete bid. Staff also is aware of one company not submitting "-- a bid due to bonding troubles. Staff is still checking as to why the other 4 contractors did not submit bids. The bid submitted from Dal-Ec Construction, Ltd. was lower than the engineer's estimate. The bid included alternates for three different decorative lights. The three alternates were the lights presented to Council during a City Image Study worksession and will be presented at the Council Meeting. The alternates are summarized below. Alternate A: Kim Archtype Street Lighting Fixtures Hadco Pedestrian Fixtures Alternate B: Kim Era Street Lighting Fixtures Kim Era Pedestrian Fixtures Alternate C: Oncor Decorative Street Lights Hadco Pedestrian Fixtures $ 384,000 $ 369,000 $ 364,805 ./ Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ )1/t-Æ~_C~t; Department HeaCt '§Ignature Page 1 of _ CITY OF NORTH RICHLAND HILLS Also included with the bid for each alternate is the price to provide maintenance. The maintenance price includes five (5) years of routine maintenance including the replacement of any single item (damaged pole replacement, etc.) during the five year period. If during the five year maintenance period additional PQles need to be replaced, the replacement cost for each pole will be as shown. Liaht Type Kim Archtype Street Light Hadco Pedestrian Light Kim Era Street Light Kim Era Pedestrian Light Replacement Cpst/Pole $4,000/each $3,000/each $4,000/each $2,700/each The five-year maintenance cost for each alternate including the replacement cost of one pole is shown below. Alternate A B C Installation Cost $ 384,000 $ 369,000 $ 364,805 5 Year Maintenance Cost $ 72,710 $ 72,410 $ 68,710 Total Cost $ 456,710 $ 441,410 $ 433,515 During the five-year maintenance period, Public Works staff will evaluate maintenance and funding options for the future maintenance of these street/pedestrian lights. If after staff's presentation during the Council Meeting the Council determines that there is enough information available to award the project to Dal-Ec Construction, Ltd., it would then be staff's recommendation to go with Alternate A or B. Both of these alternates include lights that are identical or similar to the decorative lights presented in the City Image Study. Alternate C would cost less (approximately $23,000 less), but did not match the lights in the City Image Study. Funding was budgeted in the North Tarrant Parkway project for decorative street lights and is available for any of the 3 alternates. Staff would also recommend that either Alternate A or B be used as the decorative light to be used Citywide. Another option for Council consideration would be to reject bids and request rebidding in hopes of getting more bidders. It is difficult to know if this would happen but staff knows that more than one bid is preferred. Recommendation: To reject the bid to Dal-Ec Construction, Ltd. for the North Tarrant Parkway Street and Pedestrian Lighting Project or award the bid to Dal-Ec Construction, Ltd. for Alternate B in the amount of $441,410 if sufficient information is provided. r CITY COUNCIL ACTION ITEM Page_of _ Announcements and Information October 14, 2002 Presented by Councilman Turnage: Announcements The Fall Community Clean Up is being held at the Richland Business Centre at 6361 Grapevine Hwy. Residents can bring their "unwanted" trash items to this event to have them disposed. Household Hazardous Waste will NOT be accepted at this event. IMPORTANT: Residents who live South of Loop 820 will be able to drop off their items on Saturday, October 19th. Residents who live North of Loop 820 will be able to drop off their items on Saturday, October 26th. Residents must bring a current water bill or driver's license. The event will be held from 9:00 a.m. - 12:00 Noon. The annual Boo Bash event will be held on October 26th from 6-8 p.m. There will be carnival games, a costume contest and treats galore for the little goblins. The event will be held at North Hills Mall. The Library offers FREE Internet classes twice per week. Senior Classes are offered on Tuesdays from 10-11 a.m. and Design Your Own Class is offered on Saturdays from 11-12 p.m. For the month of October, the Library is proud to have a collection of pottery pieces on display in their display cases. Be sure to stop by and check out this great collection. Information October 26 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570