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HomeMy WebLinkAboutCC 2002-07-22 Minutes 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 - JULY 22,2002 - 5:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Pam Burney Thomas Powell Terry Kinzie Jim Browne Vicki Loftice Dave Green City Manager Assistant City Manager Assistant City Manager Managing Director of Operations & Fiscal Services City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Environmental Services Director Support Services Director I nformation Services Director Park & Recreation Director Assistant Park & Recreation Director Zoning Administrator Absent: Lyle E. Welch Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 5:02 p.m. DISCUSS ITEMS Agenda Item 6c - PS 2002-17 - Councilman FROM REGULAR Whitson questioned if the only stipulation from JULY 22, 2002 CITY the Planning & Zoning Commission concerning COUNCIL MEETING the masonry screening wall was that it be included on the plans. Staff advised the stipulation was that the Public Works Department receive the plans for the masonry screening wall and that the plans have been submitted to Public Works. NAN Pre Council Minutes July 22, 2002 Page 2 IR 2002-108 Mr. Curtis briefed the Council on the history of REQUEST TO the planned development and platting of four PROTECT OAK lots adjacent to the property east of 8336 Odell TREES ON ODELL Street. The plat was approved with the STREET understanding that the developer would provide a deed restriction to the City protecting the existing trees. The deed restriction and a detailed grading plan were provided to the City by the developer and approved by staff. The deed restrictions or grading plan apparently were not filed with the Court House. The property later sold to a builder who is unaware of the grading plan or deed restrictions. The current builder is interested in protecting the trees and is looking at different floor plans that will minimize the impact the houses will have on the trees. Mr. Curtis advised that any alteration to the grading plan would have to be approved by Public Works, Mr. Curtis was asked by Council to monitor the development. M.Curtis IR 2002-105 Mr. Steve King, representing North Hills Mall UPDATE ON and Burke Collins, updated the Council on the NORTH HILLS redevelopment plans for North Hills Mall. Mr. MALL King presented several renderings of conceptual DEVELOPMENT plans for the Mall. Mr. Pitstick briefed the PLAN - BURKE Council on the timeline for the zoning, platting COLLINS and completion of improvements to the Mall. J .PitsticklS.Norwood IR 2002-106 Mr. Dan Quinto, Arcadia Development, UPDATE ON HOME presenting a power point presentation updating TOWN NRH the Council on the project development and DEVELOPMENT - development progress of HomeTown. DAN QUINTO NAN IR 2002 -109 Mr. Pitstick advised that six changes were being DISCUSSION OF proposed to the Sign Ordinance at this time. At PROPOSED a later date, additional changes will be brought CHANGES TO SIGN before Council. A power point presentation of ORDINANCE the proposed changes was presented to the (AGENDA ITEM NO. Council. Proposed revisions are: 13) 1) Wall signs - 15% of habitable space, 2 sides of building, allowed on street fronts and public entrances; 2) Monument signs - 7 feet high, 50 square feet of sign area, 75 square feet for sign structure, no setbacks and surrounded by Pre Council Minutes July 22, 2002 Page 3 masonry; 3) Pole Signs - allowed in Freeway Overlay zone - 65 feet, 400 square feet and Multi-Tenant Centers above 200,000 square feet - 25 feet, 100 square feet; 4) Temporary Portable Signs - allowed once a year for 10 days; 5) Fueling Station Canopy Sign - 2 faces, 25% of canopy face for sign and no fuel pricing on canopy; 6) Window Advertising - recommending 25% of windows and no permits required. Mr. Pitstick advised that Staff was looking at as an alternative to portable signs permanent monument signs at multi-use centers with changeable letters. Additional revisions to the sign ordinance will be brought forth at a later NAN date. IR 2002-112 Mr. Vick highlighted the proposed solid waste DISCUSS contract with Trinity Waste. Highlights of PROPOSED SOLID proposal are: clarification of the brush pickup, WASTE SERVICE extended call center hours, additional curbside CONTRACT Christmas Tree collection, penalty for missed (AGENDA ITEM NO. collection after two remedy periods, service at 14) NRH20 will be free, detailed electronic complaint list, lock & gate fees for commercial container $1.00 per load, 60 roll off collections for community clean up program, city facilities will receive free recycling containers and collection, and distribution of community education brochure twice a year. Proposal lowers residential rates by 6.25% and commercial front load rates reduced by 10%. The overall savings as proposed will be $944,000 over four years. Mr. Vick explained that also included was a most favored nations clause in the proposal. Mr. Cunningham advised that late afternoon the City received an unsolicited proposal from IESI. Mr. Cunningham highlighted IESl's proposal. IESI is proposing to provide the same services as the current hauler at 10% savings across the board, equating to 1.2 million dollars savings over a four-year period. They guarantee an additional $100,000 savings per year versus the most recent proposal, will provide a performance bond guaranteeing proposal in amount of $1 ,000,000, will provide all of same types of services, same schedule and other provisions that Staff outlined in the proposal from Trinity Waste. IESI will siqn a one-year Pre Council Minutes July 22, 2002 Page 4 contract with an option for five years. Mr. Cunningham informed Council that if Council does not accept this evening a proposed contract, the contract with Trinity Waste expires July 31. Should Council decide to take proposals the City will need to seek interim service. In response to Council questions, Staff advised they will need at least 90 days to seek proposals. Staff advised they would provide a recommendation at the Council meeting. G.Vick IR 2002-107 Ms. Vickie Loftice, advised the City would be DISCUSS NRH 50TH celebrating its 50th anniversary in 2003. A ANNIVERSARY preliminary committee was formed to brainstorm CELEBRATION some preliminary ideas. The committee is recommending Council appoint a Celebration Committee. Ms. Loftice discussed some initial ideas that could be explored further with the Celebration Committee. Council was asked to consider appointing 8 business/community leaders to the Committee. The Mayor would appoint the Chairperson. Council was provided with a list of possible members. Ms. Mabry will fax to Council a form for each member to submit a name for the committee. Mayor Trevino advised he would like to appoint Don Dodson as Chair, if Mr. Dodson was willing. Councilman Whitson suggested including on the web site, individuals who have been in the City since the beginning and publish their names with their picture. Consensus of Council was to appoint seven members and if more are needed, committee members could seek additional volunteers to assist. V.Loftice/G.Vick ADJOURNMENT Mayor Trevino announced at 6:20 p.m. that the Council would adjourn to Executive Session for deliberation regarding real property as authorized by Section 551.072 of the Local Government Code for discussion of a) Diamond Loch Tax Sales and b) land acquisition for city facilities in North Davis area, and to consult with Attorney on pending litigation as authorized by Section 551.071 of the Local Government Code for discussion of a) proposed settlement of Rufe Snow LP & Chase Manhattan Bank, b) Pre Council Minutes July 22, 2002 Page 5 Gonzalez v. NRH, and c) Livergood vs. NRH. Mayor Trevino announced at 6:57 p.m. that the Council would adjourn to the regular Council meeting a\I~-" , T' '11// ~".,~~.............. ~/¿-/ ;: "'n ". ~ '._ e.".. , . . ,... ~: I \ ~ :oIL: r ,.:: -0: i~: ATT~~\ h /~/ ~~;¿~ Patricia Hutson - City Secretary ~~ Oscar Trevino - Mayor MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 22,2002 - 7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order July 22,2002 at 7:06 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr, Scott Turnage JoAnn Johnson David Whitson Joe D. Tolbert Mayor Mayor Pro T em 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 Absent: Lyle E. Welch Councilman 2. INVOCATION Councilman Turnage gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. City Council Minutes July 22, 2002 Page 2 4. SPECIAL PRESENTATIONS A. RECOGNITION OF OUTGOING BOARD & COMMISSION MEMBERS Councilman Whitson recognized the following citizens for their service to the City on Boards and Commissions. Doug Blue, Roxanne Bryant, Smitty Clevenger, Dave Davis, Robin Eddins, Rick Enlow, Kathy Graves, Rick Graves, Dwayne Leslie, Robert Marks, Mary Norwood, Don Pultz, Ryan Shiflet, Patsy Tucker, Dennis York and Craig Zemmin. B. YARD OF THE MONTH Ms. Ruth Ann Smith, Beautification Commission member, and Councilman Tolbert presented the following citizens with certificates presented on behalf of the Beautification Commission and City Council. Jack & Vonnie Sutherland, 6616 Onyx Drive North; Andy & Amy Pitts, 7021 Briley; Wayne & Cindy Hayes, 6617 Meadow Ridge; Charles Huber, 6200 Abbott Avenue; Victor & Sonia Rodriquez, 6129 Roaring Springs; Grace M. Null, 6433 Little Ranch Road; John & Debbie Rehder, 8661 Madison Drive; Gene & Ruth Pruitt, 7025 Daleview Trail; and Dan & Ariane Recchia, 7820 Clover Leaf Drive. The Texas SmartScape Award was presented to Charlie & Poppy Mellard of 6805 North Oaks Drive. C. PARKS AND RECREATION MONTH PROCLAMATION Councilwoman Johnson presented Mr. Jim Browne and Ms. Vickie Loftice with a proclamation on behalf of the Mayor and Council. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED City Council Minutes July 22,2002 Page 3 A. MINUTES OF THE PRE-COUNCIL MEETING JULY 8, 2002 B. MINUTES OF THE COUNCIL MEETING JULY 8,2002 C. PS 2002-17 CONSIDERATON OF A REQUEST FROM KAE SON KO FOR THE APPROVAL OF THE FINAL PLAT OF LOT 2, BLOCK 1 TOWNE OAKS ADDITION LOCATED AT 8015 GLENVIEW DRIVE (O.81 ACRES) D. GN 2002-088 APPROVE THE LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH TXDOT FOR THE COTTON BEL T TRAIL SUPPLEMENT AND ROUTE SIGNS PHASE II - RESOLUTION NO. 2002-061 E. PU 2002-028 AUTHORIZE INTERLOCAL PURCHASING AGREEMENT WITH THE CITY OF GARLAND - RESOLUTION NO. 2002-063 F. PU 2002-029 REFURBISHING OF SIX 1999 TAHOES BY HUDIBURG CHEVROLET NOT EXCEEDING THE AMOUNT OF $105,000 G. APPROVE FINAL PAY ESTIMATE NO.5 TO CHAMPION COATING, INC. IN THE AMOUNT OF $18,650 FOR DAVIS BOULEVARD ELEVATED STORAGE TANK REHABILITATION AND REPAINTING Councilwoman Johnson moved, seconded by Councilman Whitson to approve the consent agenda. Motion to approve carried 5-0. 7. PZ 2002-12 PUBLIC HEARING TO CONSIDER A REVISION TO THE THOROUGHFARE PLAN THAT RECLASSIFIES THAT PORTION OF SUSAN LEE SOUTH OF MAPLEWOOD - ORDINANCE NO. 2641 APPROVED Mayor Trevino advised council that he would like to open the public hearing for PZ 2002-12 with Item No.9, PS 2002-08 if there are no objections from council. Mr. John Pitstick, Director of Development, advised council that the property was previously zoned and has been rezoned as C-2. Mr. Huggins is coming forward with a replat requesting closure of Susan Lee Lane. Staff required a traffic impact analysis be prepared to analyze the closure of Susan Lee Lane. The report concluded that the closure would have little impact on traffic circulation in the area. City Council Minutes July 22,2002 Page 4 Mr. Curtis advised council Susan Lee Lane is shown as a collector street from Loop 820 to approximately Lola. Mr. Curtis informed council that a collector street by definition carries a certain amount of traffic and allows traffic to flow from the neighborhood to the arterial streets. The traffic counts that were conducted by the developer indicate that Susan Lee Lane does not function as a collector street. The traffic count shows the same amount of traffic on Susan Lee Lane as Nancy Lane. Nancy Lane is designated as a residential street. The traffic count indicates that Susan Lee Lane is functioning as a residential street. Mr. Curtis advised council that the traffic counts took into consideration the number of people who turn south on Susan Lee traveling both from the east and the west, and the traffic traveling from the north straight through Susan Lee Lane to the frontage road. The results do not indicate a significant increase to Nancy Lane as it exists today. Mr. Curtis advised council that future Texas Department of Transportation (TxDOT) plans include the widening of Loop 820 with a proposed on/off ramp to be placed in front of Huggins Honda. It is estimated that it will be 5 to 8 years before TxDOT is completed with the widening of Loop 820 and the proposed on/off ramps in front of Huggins Honda. This could possibly increase the traffic on Nancy to the frontage road. Mr. Pitstick advised council that staff received a petition in opposition to closure of Susan Lee Lane. The primary concern being additional traffic to Nancy Lane. Mr. Pitstick informed council that the Planning and Zoning Commission made a second recommendation that staff include Nancy Lane on the Capital Improvement Projects and to further study traffic in the area. This was not a stipulation of the plat, but rather a separate recommendation. The Planning and Zoning Commission did recommend approval of the final plat. Mayor Pro Tem Metts asked staff for the traffic count for a normal residential street. Mr. Curtis advised council that a normal residential street is designed to carry 1200 - 1500 vehicles a day and currently the number is half of Susan Lee Lane. Mayor Pro Tem Metts asked if Susan Lee Lane were to be closed would the added traffic flow to Nancy remain within the count for a residential street. Mr. Curtis informed council if all the cars that traveled Susan Lee Lane were to travel on Nancy Lane it would still meet the design of a residential street. Mr. Curtis advised council that Public Works would continue to monitor the traffic on Nancy Lane. Mr. Curtis notified council of another concern of the property owners - condition of Nancy Lane. Public Works does recognize that Nancy Lane is in poor condition and for that reason it is one of the projects that the Citizen Capital Study Improvement Committee has before them for consideration to be added to the bond program. If for whatever reason it is not added to the bond program Public Works will overlay the surface. Mayor Pro Tem Metts asked if a residential street requires concrete construction. City Council Minutes July 22,2002 Page 5 Mr. Curtis informed council if Nancy Lane were included in the bond program it would be reconstructed with concrete pavement to include sidewalks. Mr. Ernest Hedgcoth, representing applicant, advised council the request before them tonight is due to the loss of approximately 10 to 20 feet along Susan Lee Lane and 40 feet at Cloyce. Mr. Ron Huggins, applicant, responded to Councilwoman Johnson's question regarding the piece-meal of his property. Mr. Huggins verified that he does own two pieces of property; one property being a rental property located further up the street. Mr. Huggins feels he has done everything the Planning and Zoning Commission and City Council have asked of him. A planned development was provided when requested by council. Mayor Trevino asked Mr. Curtis what category Nancy Lane falls under the CIP rating. Mr. Curtis advised council that Nancy Lane falls under the category of needing to be reconstructed. Mayor Trevino reminded council and the public that the council is hearing comments on PZ 2002-12, Ordinance No. 2641 and PS 2002-08. Mayor Trevino called for comments in favor of request to come forward. Mr. Ron Huggins, applicant, and Alan Cole of 7320 Whitfield Court spoke in favor of request. There being no one wishing to speak Mayor Trevino called for comments opposed to come forward. Mr. Robert Bockman, 4804 Nancy Lane spoke in opposition of request. Mr. Clayton Lawton, 5009 Nancy Lane voiced his concern with the additional traffic on Nancy Lane where a child was injured about five or six years ago. Mayor Trevino recognized Starlin Autrey's who completed a public meeting appearance card. Mr. Autrey who resides at 4800 Susan Lee Lane withdrew request to speak. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2641, PZ 2002·12 THAT REDUCES SUSAN LEE LANE SOUTH OF MAPLEWOOD FROM A COLLECTOR STREET TO A RESIDENTIAL STREET. COUNCILMAN TOLBERT SECONDED THE MOTION. Motion to approve carried 5-0. City Council Minutes July 22, 2002 Page 6 Mayor Trevino asked Mr. Curtis to monitor Nancy Lane and bring recommendation to council should the need arise. 8. GN 2002-089 ABANDONING A PORTION OF SUSAN LEE LANE (ADJACENT TO LOOP 820) - ORDINANCE NO. 2639 APPROVED Mr, Pitstick advised council this request is a formal abandonment of a portion of Susan Lee Lane adjacent to Northeast Loop 820. COUNCILMAN TOLBERT MOVED, SECONDED BY COUNCILMAN WHITSON TO APPROVE GN 2002- 089. Motion to approve carried 5-0. 9. PS 2002-08 PUBLIC HEARING TO CONSIDER A REQUEST FROOM ERNEST HEDGCOTH REPRESENTING RIVER CROWN INVESTMENTS FOR THE APPROVAL OF A FINAL PLAT OF LOT 1, BLOCK 1 HUGGINS ADDITION LOCATED IN THE 4700 BLOCKS OF SUSAN LEE DRIVE AND NANCY LANE (2.28 ACRES) APPROVED Mayor Trevino advised council and the public that the public hearing and discussion was held earlier with agenda item number 7. Mayor Trevino entertained a motion. COUNCILWOMAN JOHNSON MOVED, SECONDED BY COUNCILMAN TURNAGE TO APPROVE PS 2002-08. Motion to approve carried 5-0. 10. PZ 2002-20 REV. 1 PUBLIC HEARING TO CONSIDER APPROVAL OF A REQUEST BY STEAK AND SHAKE RESTAURANTS FOR A REVISION TO THE APPROVED HOME DEPOT PLANNED DEVELOPMENT SITE PLAN LOCATED AT 6413 PRECINCT LINE (1.08 ACRES) - ORDINANCE NO. 2642 APPROVED Mayor Trevino opened the public hearing. City Council Minutes July 22,2002 Page 7 Mr. Jeff Green, representing applicant, was available to answer questions. Mr. Pitstick advised council this is a revised PD. This request is accompanied by a replat request for the Home Depot site. The replat re-Iocates the existing Home Depot sign on the Home Depot Lot. The Planning and Zoning Commission recommended that Home Depot and Steak & Shake have an agreement as to who will be responsible for the landscaping and sign maintenance along the northern boundary of the site prior to request going before council. Mr. Pitstick advised council that the site plan has been revised to include Planning and Zoning's stipulation. Staff has not been able to determine the actual size of the monument sign. Staff recommends that applicant keep with the proposed sign ordinance with of maximum of 7 feet height, 50 square footage and that it be surrounded by masonry. 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. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2642, WITH THE STIPULATION THAT ALL SIGNAGE MEET THE PROPOSED SIGN ORDINANCE (agenda item no. 13, Ordinance No. 2640). COUNCILMAN TOLBERT SECONDED THE MOTION. Mayor Trevino made sure that council understood that Councilwoman Johnson was referring to the proposed sign ordinance coming before council tonight. Motion to approve carried 5-0. 11. PS 2002-30 CONSIDERATION OF A REQUEST FROM MICHAEL CLARK OF WINKELMANN & ASSOCIATES, INC. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 1 R1 AND 3R, BLOCK 1 HOME DEPOT ADDITION LOCATED IN THE 6400 BLOCK OF PRECINCT LINE ROAD (16.58 ACRES) APPROVED Mr. Ronald Locamon, on behalf of Mr. Clark, was available to answer council questions. Mr. Locamon informed council this request is submitted in conjunction with the previous item that was approved by council. Mr. Pitstick informed council this replat is a housekeeping item to relocate by plat revision the Home Depot sign on Lot 3 to Lot 1. The Planning and Zoning Commission recommended approval of item. City Council Minutes July 22,2002 Page 8 MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN TURNAGE TO APPROVE PS 2002-30. Motion to approve carried 5-0. 12. SRB 2002-02 PUBLIC HEARING TO CONSIDER HARDSHIP VARIANCE REQUESTS FROM SIGN ORDINANCE NO. 2374 BY THE BIRDVILE INDEPENDENT SCHOOL DISTRICT. THE VARIANCES CONCERN A PROPOSED ELECTRONIC MESSAGE SIGN TO BE LOCATED ALONG PRECINCT LINE ROAD EAST OF BIRDVILE STADIUM CONTINUED Mayor Trevino opened the public hearing. Mr. Pitstick advised council that Birdville Independent School District (BISD) is still working with staff to meet ordinance. BISD is requesting item be postponed until the August 12 City Council meeting. COUNCILMAN TURNAGE MOVED TO CONTINUE THE PUBLIC HEARING TO THE AUGUST 12 CITY COUNCIL MEETING. MAYOR PRO TEM METTS SECONDED THE MOTION. Motion to continue carried 5-0. 13. GN 2002-090 CONSIDER AMENDING ORDINANCE NUMBER 2374 AND THE SIGN REGULATIONS OF THE CITY OF NORTH RICHLAND HILLS - ORDINANCE NO. 2640 APPROVED Mr. Pitstick advised council that staff is requesting changes to the current proposed sign ordinance. The current sign ordinance is not part of the zoning ordinance and other changes may be brought back for council consideration. At present time staff has six (6) recommended changes as follows: · Wall Sings - increasing the allowable space from 10% to 15% of habitable wall space and allowing two wall signs on walls with street frontage or public entryway · Monument Signs - clarifying consistent sign heights and square footages. The new standard is 7 feet tall, 50 square feet of sign message, 75 square feet of sign structure City Council Minutes July 22, 2002 Page 9 · Pole Signs - recommending only allowing pole signs in the Freeway Overlay District and for multi-tenant centers greater than 200,000 square feet. Freeway Signs could be 65 feet high and up to 400 square feet, multi-tenant centers off the freeway could have one sign 25 feet high and up to 100 square feet · Temporary Portable Signs - recommending changing from once a year for 23 days to once a year for 10 days · Fuel Station Canopy Signs - clarifying to allow only two faces of canopy with 30% of canopy face for sign area. No fuel pricing or changeable letter signs would be allowed · Window Signs - introducing language to control signs in windows, proposing 25% of windows for signs, no permits are required Mr. Pitstick informed council there were two changes to the ordinance provided with the coversheet. In Section M.b. the amount "25%" needs to be changed to "30%" and read "Fuelinq Station Canopy Siqns shall be limited to two (2) canopy faces and shall not exceed 30% of the area of any canopy face." The last change is Section P. which amends subsection 13.C.3.g.(ii) to read as follows "in addition to the one-time qrand openina permit. a maximum of one (1) portable siqn permit may be issued to a business for advertisinq purposes each calendar Year." Mr. Pitstick advised council that in the in future, other signs such as non-conforming signs, projection signs and searchlights would be brought back for further discussion. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2640 WITH THE STIPULATION THAT SECTION M. B. AMENDING SUBSECTION 13.B.2 BE CHANGED TO READ "FUELING STATION CANOPY SIGNS SHALL BE LIMITED TO TWO (2) CANOPY FACES AND SHALL NOT EXCEED THIRTY PERCENT (30%) OF THE AREA OF ANY CANOPY FACE." AND SECTION P AMENDING SUBSECTION 13.C.3.G(II) TO READ "IN ADDITION TO THE ONE-TIME GRAND OPENING PERMIT, A MAXIMUM OF ONE (1) PORTABLE SIGN PERMIT MAY BE ISSUED TO A BUSINESS FOR ADVERTISING PURPOSES EACH CALENDAR YEAR." COUNCILMAN TURNAGE SECONDED THE MOTION. Mayor Trevino commented that he has talked to a number of businesses along Davis Boulevard and they asked for an extension of the use of portable signs. Mayor Trevino concurs with Mr. Pitstick suggestion of having a monument sign that has an interchangeable face. Mayor Trevino would like for staff to pursue that as quickly as possible so council could address the wishes of the businesses in the area. Motion to approve carried 5-0. Mayor Trevino recessed the meeting at 8:33 p.m. City Council Minutes July 22, 2002 Page 10 Mayor Trevino reconvened the meeting at 8:43 p.m. with the same members present. 14. GN 2002-091 CONSIDER APPROVAL OF SOLID WASTE CONTRACT - ORDINANCE NO. 2636 APPROVED Assistant City Manager Greg Vick advised council at their direction, staff negotiated an extension with Trinity Waste Services. The extension of the contract was subject to favorable terms regarding: 1) financial advantages to our customers, both residential and commercial, 2) improving customer service requirements, and 3) other miscellaneous improvements. Mr, Vick outlined the following improvements/changes to the negotiated contract. · the word "load" was better defined in the contract when referring to the amount of brush that can be picked up for the $10.00 loose brush charge. "Load" has been defined as five (5) cubic yards (about the same size as an average pick up truck full of brush). · Customer service hours were extended three hours. The customer service lines would be available from 7:00 a.m to 7:00 p.m. Monday - Friday · Trinity will adjust schedules and times of collection to avoid disturbance of residential areas when picking up commercial, industrial and institutional customers · Trinity will also provide the city with curbside Christmas tree collection two days after Christmas · Trinity has agreed to a $25.00/per occurrence penalty - missed collection that is not picked up within stated remedy period · NRH20 Family Waterpark will be collected at no charge · Detailed reports to be submitted electronically each month · Provision to include a total of sixty (60) free roll-off collections for community clean- up programs · City facilities will be provided recycling containers to recycle office paper free of charge City Council Minutes July 22, 2002 Page 11 · Residential rates lowered by 6.25% with no increases · Commercial rates reduced a total of 10% · Trinity to honor "Most Favored Nations" Clause This clause covers Hurst, Euless and Bedford because their contracts are due to expire in the next 18 months. In the event these cities new rate schedules with Trinity would produce a net saving to North Richland Hills, the City would have the option to implement it at the next available cycle. Mr. Vick informed council that the annual savings under these terms would be over $900,000. Mr. Vick advised council that staff received an unsolicited proposal from IESI this afternoon. Staff has not had time to do complete significant analysis or detailed work on the proposal. The IESI's proposal guarantees savings of 1.2 million over the next four years (10% savings across the board). IESI further guarantees that there will be $100,OOO/year savings compared to the most recent proposal by Trinity Waste. IESI is willing to submit a bond in the amount of 1 million dollars to ensure savings. Mr. Vick said the proposal appears to be about .30¢ a month cheaper for a residential account. IESI proposal also states that they will agree to meet the terms the City has with Trinity Waste. Councilwoman Johnson wanted to know what staff recommends. City Manager Larry Cunningham commented that staff worked in good faith with Trinity Waste. Staff accomplished its goal to meet the objectives set by council. Mr. Cunningham advised council that it was very difficult for him to recommend continuing a contract with Trinity while staff has information that was presented to them this afternoon by IESI. Mr. Cunningham informed council it is his suggestion that council give consideration to proposals so staff can determine whether or not the numbers provided IESI are valid. Mayor Trevino believes that it would also give Trinity the opportunity to look at their numbers. Mr. Cunningham stated that Trinity or other companies could submit a proposal. Council discussed customer service, request for proposals (RFP) as opposed to bids, waste company to service the City during the proposal process and timeframe for proposals. Mayor Pro Tem Metts mentioned that he is in a quandary. Mayor Pro Tem Metts is pleased with his service from Trinity, but believes it would be irresponsible of council City Council Minutes July 22,2002 Page 12 not to seek the very best price. However, he felt council should not make the determination on price alone. Mayor Pro Tem Metts believes that it would be in the best interest of the City to go with a RFP. Councilman Turnage asked Mr. Vick if staff had solicited companies for interim service should council decide to seek RFP's. Mr. Vick advised council that staff did speak with various companies and had various verbal offers. Staff received proposals for 3 years, 1 year, and 6 months. Councilwoman Johnson commented that council authorized staff to negotiate with Trinity and return a proposal for council consideration. Councilwoman Johnson believes that they should have directed staff to go out for bid if they were going to receive RFP's. Councilwoman Johnson does not see that council has any other choice, but to go out for proposals. City Attorney George Staples advised council that he wrote an alternate version of Ordinance No. 2636. The alternate ordinance states that "the City Manager is authorized to enter into a contract for up to 90 days service at which point staff can seek proposals." The clause specifically says "that it is necessary to obtain services for the period during which the City seek competitive proposals." Mr. Cunningham advised council that they need to see if Trinity is willing to extend the contract for 90 days. Mr. Jim Lattimore, Trinity Waste Services, advised council that there is a provision in the contract for two, 2-year extensions. Mr. Lattimore informed council indifference to Trinity's relationship with the City and the fact that they would like to retain North Richland Hills as a customer; he offered a one-year extension as opposed to the two- year extension. Mr. Lattimore recommended that council give them adequate time to prepare the RFP and they give the companies adequate time to prepare an educated response. Mayor Trevino asked Mr. Lattimore if he would consider a six-month extension. Mr. Lattimore said that he would consider a one-year extension and not a six-month extension. Mayor Trevino informed council that there are a few people present who would like to speak on this item. Mayor Trevino advised that this is not a public hearing and there is nothing written where speakers are allowed to speak on an item that is not a public hearing. However, if council wishes to allow them to speak they can. Mayor Trevino informed council that City Management has an opportunity to negotiate a six-month interim contract should Trinity not wish to honor a six-month extension. City Council Minutes July 22, 2002 Page 13 Council voted 4-1 to listen to speakers wanting to make comments. Those in favor were Councilmen Turnage, Whitson, Tolbert and Mayor Pro Tem Metts. Councilwoman Johnson was opposed. Mr. Bob Kneis, District Manager - IESI, informed council that IESI knew that the North Richland Hills contract would be coming up for bid. A recent article in the Fort Worth Star-Telegram had indicated that the City of North Richland Hills was considering to bid out the service. IESI chose at that time to provide additional information to staff. Mr. Kneis informed council that they would be able to provide service to North Richland Hills in nine (9) days. IESI would agree to a one-year contract with those terms or any extension being based on service. Mr. Chris Schallawitz, 7401 Janetta, believes it is foolish for Trinity not to accept the 90- day extension. Mr. Schallawitz does not believe the City should consider using Trinity since they did not consider the 90-day extension. Mr. James Copiskey, 6301A Richland Plaza, voiced his support for Trinity Waste Services. Mr, Nick Stachovich, Local Operating Manager - Dunkin Disposal Company, would welcome the opportunity to respond to a RFP. Mr. Lattimore, Trinity Waste Services, advised council that the rates they heard this evening are the same as was offered to the City of Colleyville. Mr. Lattimore would rather offer a six-month extension than suffer criticism. Trinity Waste will be willing to haul under the current rates. Mr. Lattimore wanted to be sure that council knew that Trinity is doing this indifference to their long-term relationship with the City. Mayor Trevino informed council that staff prepared an ordinance in the event council decided to seek proposals. Mayor Trevino read the following into record: 'Whereas the City of North Richland Hills has heretofore entered into contract for waste collection and disposal services with Trinity Waste Services which expires at the end of July 2002, with optional renewal terms; and Whereas, the City has been unable to agree on the terms of renewal of such contract and thus intends to seek competitive proposals from companies desiring to offer waste collection and disposal services; and Whereas, it is necessary to obtain waste collection and disposal services for the period during which the city seeks and evaluates proposals and enters into a multi-year contract; City Council Minutes July 22, 2002 Page 14 Now Therefore, be it ordained by the City Council of the City of North Rich/and Hills, Texas; THA T the City Manager is hereby authorized to enter into a contract for waste collection and disposal services on the best terms available." Mayor Trevino informed council that the ordinance will give Mr. Cunningham the authority to enter into contact with Trinity for six (6) months at the existing rate and solicit RFP's. Mr. Cunningham advised council that they could change the last section to read "to extend the contract for six months." COUNCILMAN TOLBERT MOVED TO APPROVE ORDINANCE No. 2636 AS READ BY MAYOR TREVINO WITH THE CHANGE OF SECTION 1 TO READ: "THE CITY MANAGER IS HEREBY AUTHORIZED TO ENTER INTO A CONTRACT FOR WASTE COLLECTION AND DISPOSAL SERVICE AT THE CURRENT TERMS WITH TRINITY FOR A PERIOD OF SIX (6) MONTHS AND SEEK PROPOSALS FOR A PERMANENT PROVIDER OF WASTE MANAGEMENT SERVICES." Mayor Pro Tem Metts seconded the motion. Councilman Tolbert would like to informally ask that there not be any wining or dining of elected officials. Motion to approve carried 5-0. 15. GN 2002- 092 APPOINTMENT TO CITIZEN CAPITAL IMPROVEMENT STUDY COMMITTEE NO ACTION TAKEN Mayor Trevino advised council that Councilman Whitson's appointment to the Citizen Capital Improvement Study Committee Paula Alderman had to resign due to conflicts with meeting dates. Councilman Whitson does not have an appointment at this time, but will bring forward his appointment at a later time. Mayor Trevino informed council that they would not be acting on this item. Mr. Cunningham asked council if they would have an objection to Councilman Whitson's appointment attending the meetings before council formally appointed him/her to the committee at their next council meeting. Council agreed that Councilman Whitson's appointment could attend meetings. City Council Minutes July 22, 2002 Page 15 16. PU 2002- 030 AUTHORIZE ACCEPTANCE OF BID ON TAX SALE - RESOLUTION NO. 2002- 062 APPROVED Mr. Staples advised council the resolution authorizes the acceptance of Birdville Independent School District's bid on the sale of property located in the Diamond Loch Subdivision. MAYOR PRO TEM METTS MOVED TO APPROVE RESOLUTION No. 2002-062. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to approve carried 5-0. 17. PU 2002-031 LAND ACQUISITION FOR CITY FACILITIES IN NORTH DAVIS AREA - RESOLUTION NO. 2002-065 APPROVED Mr. Vick informed council staff is seeking approval of Resolution No. 2002-065. Staff presented information to council during executive session. Resolution No. 2002-065 authorizes the City Manager to execute contract to acquire 7.01 acres of land for city facilities in the north Davis area for $305,355.60, plus minor closing costs. COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2002-031. COUNCILMAN TURNAGE SECONDED THE MOTION. COUNCILMAN TOLBERT ASKED THAT ADJUSTED AMOUNT BE INCLUDED AT $305,355.60 INSTEAD OF $303,355.60. COUNCILWOMAN JOHNSON ACCEPTED AND COUNCILMAN TURNAGE SECONDED THE AMENDMENT. Motion to approve carried 5-0. 18. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS City Council Minutes July 22,2002 Page 16 Mayor Pro Tem Metts announced the following: National Night Out on August 6 - Residents are encouraged to turn on their porch lights and spend time outside with their neighbors. If interested in hosting a block party or other type event for National Night Out, please call the Police Department and they will be glad to come by and present some crime prevention tips. Police Community Services Division - 817-427-7000 Councilman Turnage announced the following: July 26 Dive In Movie-"Harry Potter and the Sorcerer's Stone" NRH20 Water Park 9:00 p.m. (approximately) 817-427-6500 AUQust 2 Dive In Movie-"Spy Kids" NRH20 Water Park 9:00 p.m. (approximately) 817-427-6500 Auaust 3 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. 817 -427 -6570 19. ADJOURNMENT \\\', \ \I"" . "" J \\\\\ ~~"//// ,,\4f~ ........... ~"/o'" ~' ..,,~. .. ~ ~ ··-n .... ~ .} "., --. ~ ~~i \ ~ mESTr ", .}~. :.~\ h':~ ðlMUðÚ:~~ Patricia Hutson - City Secretary Mayor Trevino adjourned the meeting at 9:53 p.m. ~ Oscar Trevino - Mayor