HomeMy WebLinkAboutCC 2005-05-09 Minutes
MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - MAY 09, 2005
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 9th day of May, 2005 at 6:15 p.m. in the Pre-Council Room prior to the 7:00
regular Council meeting.
Present: Oscar Trevino
David Whitson
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
Nancy Bielik
Timothy J. Welch
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Dave Green
Drew Corn
JoAnn Stout
Vickie Lottice
Richard Abernethy
Call to Order
Mayor
Mayor Pro T em
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilwoman
Councilman
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
City Attorney
Public Information Officer
Director of Development
Finance Director
Public Works Director
Director of Planning
Budget Director
Neighborhood Services Director
Director of Parks & Recreation
Assistant to City Manager
Mayor Trevino called the Pre-Council meeting to order at 6: 15 p.m.
1. Discuss items from Reqular May 09. 2005 City Council Meetinq
Item 7g, PW 2005-06 - Staff clarified for Councilman Lewis that the signal light at Davis
and Shadywood would be a full function light as opposed to an emergency light.
Councilwoman Cox referred to Council's discussion at a recent council meeting with a
church concerning signalization at Bursey Road and Davis, and questioned the
closeness of the two signals. Staff advised that a signal light at Bursey would need to
City Council Minutes
May, 09 2005
Page 2
be approved by the State and explained the distance requirements between signal
lights.
2. IR 2005-059 Discuss Ordinance Amendinq Appendix A to the Code of Ordinances
and Fees Charqed Under Chapter 18 of the Code
Neighborhood Services Director JoAnn Stout advised the item was a housekeeping item
to clarify some of the categories and their fees. Ms. Stout advised of new categories
being added and their fees. Separate categories are being requested for concession
stands and municipal special events vendors. Staff is requesting to reduce the
weekend food vendor fee from $520 to $110. A survey of comparable cities with the
same program was conducted and it was determined that $110 was consistent with
other cities. Staff is requesting to remove the fee for group day care homes because
they are currently being inspected by the State under the Child Care Licensing
Department.
3. IR 2005-060 Update on the Pilot Proqram for Outsourcinq Parks Mowinq
Parks Director Vickie Lottice updated the Council on the pilot program to outsource
parks mowing. Council discussed the pilot program at their March 28 meeting and
concurred with going forward with a pilot program. Bids were solicited and VMC
Landscape Services submitted the lowest total base bid. The initial contract period will
begin May 16, 2005 and continue through September 30, 2005. Upon approval of the
2005/06 fiscal year budget, the contract will be extended to September 26, 2006 with an
option to renew the contract twice for one year periods at the end of the 2005/06
contract. Staff will monitor and evaluate the program to measure the success of the
program and its continuation.
4. IR 2005-054 State Leqislative Update
Managing Director Karen Bostic highlighted some of the priority legislative bills the city
is tracking and addressed questions from the Council.
5. Executive Session
Mayor Trevino announced at 6:29 p.m. that the Council would adjourn to Executive
Session as authorized by Texas Government Code Section 551.074 for deliberation of
personnel matters for council appointed positions and board members of the City of
North Richland Hills.
6. Adiournment
Mayor Trevino announced at 7:23 p.m. that the Council would adjourn to the regular
Council meeting.
City Council Minutes
May, 092005
Page 3
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order May 09, 2005 at 7:28 p.m.
ROLL CALL
Present:
Oscar Trevino
David Whitson
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
Nancy Bielik
Timothy J. Welch
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilwoman
Councilman
Staff:
Larry J. Cunningham
Ogden Bo Bass
Richard Torres
Patricia Hutson
George Staples
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Attorney
2.
INVOCATION
Councilwoman Compton gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Councilwoman Compton led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
City Council Minutes
May, 09 2005
Page 4
PROCLAMATION - PUBLIC WORKS WEEK BEING PRESENTED TO JIMMY
CATES, DAVID SMYTH AND BOB NELSON
Councilwoman Cox presented proclamation recognizing "National Public Works Week"
to Public Works Director Mike Curtis, Operations Manager Jimmy Cates, Streets
Supervisor Gaylon Cremeen and Utility Superintendent David Smyth.
5.
CITIZENS PRESENTATION
Mr. Ken Sapp, 8312 Thornway Court, spoke on the past Saturday's City Council
election and the voter turnout.
Mr. John Propp, 8220 Euclid Avenue, spoke on the election activities the past several
months and his hope that the vision for the City would continue to be kept alive - the
City Walk at Calloway Creek, Library, more road improvements, new businesses, and
neighborhood developments.
Councilwoman Johnson left the meeting at 7:40 p.m.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE APRIL 25, 2005 COUNCIL MEETING
B. FP 2005-06 CONSIDERATION OF A REQUEST FROM ANGEL FREEZE TO
APPROVE THE FINAL PLAT OF LOTS 1-4, BLOCK 1 ALLEN ADDITION
(LOCATED IN THE 7700 BLOCK OF CHAPMAN ROAD -1.505 ACRES)
C. FP 2005-04 CONSIDERATION OF A REQUEST FROM WINKELMANN &
ASSOCIATES TO APPROVE THE FINAL PLAT OF LOTS 2 & 3, BLOCK 1 U.I.C.I.
ADDITION (LOCATED ON UICI DRIVE EAST OF SIMMONS DRIVE - 4.335
ACRES)
D. FP 2005-06 CONSIDERATION OF A REQUEST FROM RICK FIGUEROA TO
APPROVE THE FINAL PLAT OF LOTS 1-4, BLOCK 1 TAYLOR'S PLACE
ADDITION (LOCATED IN THE 8800 BLOCK OF KIRK LANE - 2.996 ACRES)
City Council Minutes
May, 09 2005
Page 5
E. GN 2005-043 APPROVE RENEWAL OF ARBITRAGE REBATE COMPLIANCE
AGREEMENT WITH FIRST SOUTHWEST ASSET MANAGEMENT, INC. -
RESOLUTION NO. 2005-037
F. PU 2005-022 AWARD OF BID TO VMC IN THE AMOUNT OF $259,211.48 FOR
IMPLEMENTING THE PILOT PROGRAM FOR OUTSOURCING GENERAL
PARKS MOWING - RESOLUTION NO. 2005-038
G. PW 2005-006 AWARD OF BID FOR THE DAVIS BOULEVARD AT SHADYWOOD
LANE TRAFFIC SIGNAL INSTALLATION TO SHARROCK ELECTRIC, INC. IN
THE AMOUNT OF $74,678.70
MAYOR PRO TEM WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN
BIELlK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
8.
ZC 2005-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
RICHARD RHODES FOR A ZONING CHANGE FROM "C-2" COMMERCIAL AND "R-
3" RESIDENTIAL TO "RD-PD-HC" REDEVELOPMENT PLANNED DEVELOPMENT
FOR "HC" HEAVY COMMERCIAL DISTRICT USES (LOCATED AT 7516
SMITHFIELD ROAD - 1.6 ACRES) - ORDINANCE NO. 2831
APPROVED
Mayor Trevino opened the Public Hearing.
Nature of request is to rezone the site from "C-2" Commercial and "R-3" Residential
District to "RD-PD-HC" for all "HC" Heavy Commercial uses. The applicant is proposing
to extend the adjacent Smithfield Storage facility onto this site. A redevelopment
planned development for heavy commercial uses has been requested because the
applicant is requesting several landscaping and screening variances. The request is
consistent with the Comprehensive Plan. The development consists of four single-story
buildings containing a total of 84 rental units and 15 open storage spaces. Variances
being requested are:
1) Variance requested to utilize the exterior wall of the northern-most storage
building as the required masonry screening wall. The wall shall contain no
windows or openings;
2) Timing for the construction of the required screening wall along the east side of
the site shall coincide with the issuance of the first residential building permit
issued for Parkwood Estates Addition. This wall shall be constructed within the
2.5' wall easement as shown on the plan;
3) Variance requrested from the requirement of a 15' landscape buffer and
landscaping along the east boundary of the site;
City Council Minutes
May, 09 2005
Page 6
4) Variance requested from providing parking required for the expansion.
The Planning & Zoning Commission recommended approval of ZC 2005-05 and the
final site plan with the variances outlined.
The adjacent property owner (Integer Developments Inc.) has stated that the future
Parkwood Estates residential development will accept responsibility for the required
masonry screening wall and landscaping required along the common boundary line.
City ordinance places the responsibility on the more intensive use, which would be the
applicant. The applicant has requested variances from this responsibility based on
Integer's offer. The City Attorney has opined that the offer is a private agreement
between property owners and is not enforceable by the City.
Mr. Richard Rhodes, applicant, presented the case and was available to answer
questions from the Council.
Mr. Dave Green, Director of Planning, presented the recommendations of staff and the
Planning & Zoning Commission.
There were questions and discussion on a screening wall at the back of the north
warehouse, the existing stockade fence along Smithfield Road coming down, the type of
masonry to be used for the tilt-walls, hours of operation, the possibility of RV's being
stored in the open parking area along the property line backing up to lots 5 and 6, and
the accessibility of the site through a keyed entry/access code. A suggestion was made
to construct a building where the open parking area is located along lots 5 and 6 and
the back of the building forming the screening wall. The applicant was not in favor of
changing the site plan and placing a building to back up to lots 5 and 6.
Mayor Trevino asked if there was anyone wishing to speak for or against the request.
There being no one wishing to speak Mayor Trevino closed the public hearing.
COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2831, ZC 2005-05 AS APPROVED
BY THE PLANNING & ZONING COMMISSION. COUNCILWOMAN BIELlK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 4-3; COUNCILMAN LEWIS, COUNCILWOMEN Cox AND BIELlK
VOTING FOR AND COUNCILWOMAN COMPTON, MAYOR PRO TEM WHITSON AND COUNCILMAN
WELCH VOTING AGAINST. MAYOR TREVINO VOTING IN FAVOR TO BREAK THE TIE.
9.
GN 2005-044 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE
ADOPTING YOUTH PROGRAMS STANDARD OF CARE - ORDINANCE NO. 2832
APPROVED
City Council Minutes
May, 09 2005
Page 7
Mayor Trevino opened the Public Hearing.
The purpose is to request Council approval of an ordinance adopting the North Richland
Hills Youth Programs Standards of Care. Adopted standards are a State requirement
for an exempt status for day care licensing. The Parks and Recreation Department
offers day camp programs for children ages five to thirteen. The State requires
municipal day camp youth programs for elementary age children to meet day care
licensing requirements or file for an exemption. In order for the Parks Department to
receive exempt status, the City must submit a copy of program standards, the notice of
public hearing and the ordinance adopting the standards. The North Richland Hills day
camp program meets and in some areas exceeds the State's standards. The
Standards of Care included in the Parks and Recreation day camp policies and
procedures have already been in place and have been used in the staff training process
each year prior to camp starting.
Ms. Vickie Lottice, Parks Director, presented the item and was available to answer
questions.
Mayor Trevino asked for anyone wishing to comment on the item. There being no one
wishing to speak, Mayor Trevino closed the Public Hearing.
COUNCILWOMAN COMPTON MOVED TO ADOPT ORDINANCE No. 2832, GN 2005-044. MAYOR
PRO TEM WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
10.
GN 2005-045 APPROVE ORDINANCE AMENDING APPENDIX A TO THE CODE OF
ORDINANCES AND THE FEES CHARGED UNDER CHAPTER 18 OF THE CODE -
ORDINANCE NO. 2833
APPROVED
Item is a housekeeping item to include fees with respect to food services. The
proposed ordinance clarifies some of the categories and their fees. Fee categories are
being established for Concession Stands and Municipal Special Events Vendors. The
Weekend Food Vendor Fee is being reduced and the group day care home fee is being
removed.
Neighborhood Services Director JoAnn Stout presented item and was available to
answer questions.
:~ MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2833, GN 2005-045.
Ö COUNCILWOMAN BIELlK SECONDED THE MOTION.
City Council Minutes
May, 092005
Page 8
MOTION TO APPROVE CARRIED 6-0.
11.
GN 2005-046 APPROVE PARTICIPATION IN TARRANT COUNTY CDBG AND
HOME INVESTMENT PARTNERSHIP PROGRAM - RESOLUTION NO. 2005-039
APPROVED
The resolution supports the application of Tarrant County for funding from the Housing
and Community Development Act of 1974. In order for the City to continue to receive
Community Development Block Grant (CDBG) funds, Tarrant County must requalify
every three years as an Urban County under the CDBG and HOME programs. The City
uses the CDBG funds to improve streets, for housing rehabilitation and to fund a portion
of the Northeast Transportation Service for disabled and senior residents.
Mr. Richard Abernethy, Assistant to City Manager, presented the item and answered
questions from Council. Mr. Abernethy advised that the City had approximately three or
four neighborhoods that qualified for CDBG funds and that there were pockets within
the City that qualified. He also explained what it means to be a direct entitlement city.
COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2005-039. COUNCILWOMAN
COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
12.
GN 2005-047 APPROVE JOINT ADMINISTRATIVE AGREEMENT FOR
ADMINISTRATION OF THE COMMUNITY DEVELOPMENT ENTITLEMENT
PROGRAM - RESOLUTION NO. 2005-040
APPROVED
Part of the process for the City to continue to receive Community Development Block
Grant (CDBG) funds is the renewal of the joint administrative agreement with Tarrant
County to include the administration of the CDBG entitlement funding.
Mr. Richard Abernethy was available to answer questions from Council.
COUNCILMAN LEWIS MOVED TO APPROVE GN 2005-047, APPROVING THE RENEWAL OF THE
JOINT ADMINISTRATIVE AGREEMENT FOR THE ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM. COUNCILWOMAN BIELlK SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
City Council Minutes
May, 092005
Page 9
13.
GN 2005-048 CONSIDERATION OF A RECOMMENDATION FROM THE NAMING
BOARD FOR A STREET NAME CHANGE OF A PORTION OF INDUSTRIAL PARK
BOULEVARD - ORDINANCE NO. 2834
APPROVED
Councilwoman Compton, Acting Chair of the Naming Board, advised the Board had met
and was recommending to Council that the name of the portion of Industrial Boulevard
between Tecnol Boulevard and Holiday Lane be changed to Liberty Way.
COUNCILWOMAN COMPTON MOVED TO APPROVE ORDINANCE No. 2834 CHANGING THE NAME
OF A PORTION OF INDUSTRIAL PARK BOULEVARD TO LIBERTY WAY. COUNCILWOMAN BIELlK
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
14.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE
SESSION LISTED ON PRE-COUNCIL AGENDA
NO ACTION NEEDED
Mayor Trevino advised that the City Council held an executive session with the City
Manager. Mayor Trevino advised of the discussion in Executive Session. Mayor
Trevino stated that recently the City Manager, Staff and Council have been accused of
wrongdoing, improper spending of funds and other improper actions. These comments
are broad, uncalled for and without base of fact. The City of North Richland Hills has
numerous projects to address this year and into the foreseeable future - South
Grapevine Highway Corridor redevelopment, North Hills Mall redevelopment,
implementing the capital projects from the 2003 bond election, design and construction
of a new library, opening of two new fire stations and expansion of the other two fire
stations, implementing a third EMS station, staying breast of police services and
response times, implementing parks in underserved areas, pursuing new businesses,
revitalization of old neighborhoods, etc. The City Council knows that it has a very good
staff, good employees and that it is led by a good City Manager and Assistant City
Managers. These people do a great job and have the interest of the public at heart.
They are honest, trustworthy and people of great integrity with professional talents.
This is their careers and there are people out there challenging their integrity, their
honesty and their desire to serve. Mayor Trevino stated the City Council wants the Staff
and the City Manager to continue to serve the citizens with the highest level of service
possible. The Council goes on record as serving our citizens with high quality service,
to continue its goals and visions and to support the highly qualified and trusted
employees of North Richland Hills. The Council will address any allegations and lies
publicly and supports the City Manager and his Staff.
City Council Minutes
May, 09 2005
Page 10
15.
INFORMATION AND REPORTS
Mayor Pro Tem Whitson made the following announcements:
A Special City Council Meeting is scheduled for 6 p.m. on Tuesday, May 17, to canvass
the May 7 election results. The elected Council Members will take the official oath of
office at this time.
The City of North Richland Hills continues its free spring concert series at Green Valley
Park, 7701 Smithfield Road. The next concert will be an a cappella, percussion and
acoustic performance by "Vocal Trash" at 7 p.m. on May 20. Admission is free. Please
bring your lawn chairs and blankets. For more information, call 817-427-6614.
Join us on Armed Forces Day, Saturday, May 21, for the dedication of Liberty Park and
the new Veterans Monument. This event honoring America's military will begin at 10
a.m. Liberty Park is located at the corner of Holiday Lane and Industrial Park
Boulevard. For more information, please call 817-427-6620.
Kudos Korner - Adrien Pekurney and Staff, Recreation Center - A compliment was
received from a patron of the North Richland Hills Recreation Center stating that the
facility was a wonderful place to exercise in the mornings, have coffee and visit with
friends. He also praised the staff for being helpful and very knowledgeable in all areas
of health.
Mayor Trevino announced that the Mayors Action Line, 817-427-6070, is available for
citizens to ask a question, request information, leave complaints or express concerns.
In order to receive a response, callers to the Mayors Action Line are asked to please
leave a name and number.
17.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:29
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