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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 ~",. o.\~~AJ"'·"1 ,::."..t~~.. ;,o;;.~!tI~'I";" ~...,.. " ~ ~ ..' n ", '" ¡~,~ST:r \-, ;)0-1 . .J~! ~-' . ..C(~...,~ Patrr~"t lI",t~~'~'''City Secretary