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Home My WebLink AboutCC 2005-10-10 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 10, 2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 10th day of October, 2005 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Jimmy Perdue Drew Corn Kyle Spooner Vickie Loftice Dave Green Dave Pendley Richard Abernethy Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Police Chief Budget Director Information Services Director Park & Recreation Director Chief Planner Chief Building Official Assistant to City Manager Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss Items from Reaular October 10, 2005 Citv Council Meetina Item 7g - PW 2005-012 - Councilwoman Cox referred to the agreement and questioned if the language on page one referencing the $10.00 and other good and valuable consideration hand paid by the City was considered contract language or if City Council Minutes October 10, 2005 Page 2 there was other money involved. Attorney Staples advised that it was strictly contract language. Item 7j, PAY 2005-009 - Councilwoman Cox questioned if the money came out of the Crime Control Budget or General Budget. The City Manager advised the funding was in the General Budget. 2. IR 2005-140 Discussion and Review of Street Name ChanQes for Boulevard 26 and Iron Horse Boulevard Mr. John Pitstick, Director of Planning & Development, advised the South Grapevine Highway Corridor Study and Loop 820 Corridor Study recommended the renaming of South Grapevine Highway to Boulevard 26 and Industrial Park Boulevard and Tecnol Drive to Iron Horse Boulevard. The Boulevard 26 name change will be throughout North Richland Hills and the logo, design and color will be limited to south of Loop 820. Mr. Pitstick presented a representation of the new signs. Council was advised the signs were specialty signs, but would not cost any more than the signs normally used on major thoroughfares. Staff has notified the post office and major utility companies and will be mailing public notices to every property owner and business located on the streets. Staff is proposing to bring forward an ordinance at the October 24 Council meeting to change the names. The ordinance will be effective January 1, 2006 and each property owner and business will have up to one year to change their addresses. The City of Richland Hills plans to consider an ordinance on October 25 changing Grapevine Highway to Boulevard 26. Council was advised that there are five businesses located west of Precinct Line on Boulevard 26 in the City of Hurst. The City of Hurst prefers not to change the name, but their Council will consider the name change should a petition be received from their businesses. Council was advised that it was not unusual for a street located in two cities to have a different name on the two different sides of the street. In response to a question from Council regarding exit signs that would need to be changed by TXDOT, Staff advised that TXDOT is agreeable to the change as long as the City pays for any sign changes. 3. IR 2005-141 Presentation of Electronic AQenda Mr. Kyle Spooner, Information Services Director, presented to Council an electronic agenda system proposed for North Richland Hills. A committee evaluated different electronic agenda systems and the system used by the City of Farmers Branch best meets the City's needs and requirements. Mr. Spooner demonstrated the system to the Council, gave an overview of how the agenda will be developed electronically and demonstrated how the Council will utilize the agenda on cd. Plans are to implement the system at the December council meeting providing both an electronic agenda packet and paper version at the December 12 and January 9 council meetings, and being solely electronic at the January 23 Council meeting. City Council Minutes October 10, 2005 Page 3 4. IR 2005-142 Discuss SchedulinQ of the November 28 and December 26 City Council Meetinas Ms. Patricia Hutson, City Secretary, advised the November 28 and December 26 Council meetings fall close to the holidays. Staff is seeking Council direction on whether to cancel the two meetings. A survey conducted of the departments revealed that there were no significant issues scheduled for either the November 28 or December 26 meetings. Should Council desire to cancel the meetings and there is unexpected business that cannot be handled at the remaining meetings, Staff can notify Council of the need to schedule a special meeting. The consensus of Council was to cancel the November 28 and December 26 Council meetings and a special meeting will be scheduled if unexpected business arises. 5. Adiournment Mayor Trevino announced at 6:30 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order October 10, 2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik David Whitson Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney City Council Minutes October 10, 2005 Page 4 2. INVOCATION Councilman Whitson gave the invocation. 3. PLEDGE OF ALLEGIANCE Members from Boy Scout Troop 321 led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Mayor Pro Tem Welch removed 7b from the consent agenda. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE SEPTEMBER 26, 2005 COUNCIL MEETING B. REMOVED C. AP 2005-05 CONSIDERATION OF A REQUEST FROM WINKELMANN & ASSOCIATES FOR APPROVAL OF THE AMENDED PLAT OF VENTURE ADDITION (LOCATED AT 7901 GRAPEVINE HIGHWAY - 9.82 ACRES) City Council Minutes October 10, 2005 Page 5 D. PU 2005-041 AWARD BID TO WAUKESHA PEARCE IN THE AMOUNT OF $115,390 FOR EMERGENCY GENERATORS E. PU 2005-042 AWARD ANNUAL CONTRACT FOR MISCELLANEOUS CONCRETE IMPROVEMENTS - RESOLUTION NO. 2005-073 F. PU 2005-043 APPROVE CITY PURCHASING POLICIES AND PROCEDURES - RESOLUTION NO. 2005-074 G. PW 2005-012 APPROVE TRINITY RIVER AUTHORITY PERMIT TO OPERATE AND MAINTAIN WATER LINES AND STREET PAVING IN THE FOREST GLENN WEST, PHASE III SUBDIVISION WITHIN A TRINITY RIVER AUTHORITY EASEMENT (PERMIT #0773, REQUEST C-050517) H. PAY 2005-007 APPROVE FINAL PAYMENT TO HUMPHREY AND MORTON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $58,161.66 FOR THE HOLIDAY WEST CHANNEL IMPROVEMENTS PROJECT (HOLIDAY LANE TO MEADOW OAK DRIVE) AND THE RIVIERA EROSION IMPROVEMENT PROJECT I. PAY 2005-008 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2005- 077 J. PAY 2005-009 AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 2005-078 COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 7B. FP 2005-15 CONSIDERATION OF A REQUEST FROM B & B CUSTOM HOMES FOR APPROVAL OF THE FINAL PLAT OF EMERALD PLAZA ADDITION (LOCATED IN THE 5600 BLOCK OF DAVIS BOULEVARD - 6.601 ACRES) APPROVED Mayor Pro Tem Welch removed from consent agenda to address a change needed on the final plat. MAYOR PRO TEM WELCH MOVED TO APPROVE FP 2005-15 WITH REVISION TO LOTS 4, 6 AND 7 FOR ACCESS EASEMENT TO COMPLY WITH CITY ORDINANCE. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes October 10, 2005 Page 6 MOTION TO APPROVE CARRIED 7-0. 8. SRB 2005-03 PUBLIC HEARING TO CONSIDER A SIGN VARIANCE REQUEST BY FIREBRAND PROPERTIES, L.P., ON BEHALF OF THE BURGER KING RESTAURANT (LOCATED AT 6250 RUFE SNOW DRIVE) FROM THE SIGN REGULATIONS, ARTICLE 106 OF NORTH RICHLAND HILLS CODE OF ORDINANCES DENIED Mayor Trevino opened the public hearing. Nature of request is to consider a variance from the sign regulations to allow modifications to an existing pole sign. The table of permitted uses from Article 106 state that pole signs are prohibited in areas that are not located with the Freeway Overlay District or are not part of a major development containing 200,000+ square feet of building space. Mr. Richard Dobbin who represented applicant was available to answer questions from council. Chief Building Official Dave Pendley advised council applicant was presented with ideas for monument and button signs to improve store visibility. Mr. Pendley advised council staff's recommendation is to deny sign variance request. Mayor Trevino asked for anyone wishing to speak in favor of request to come forward. Mr. Maury Siskel, 4516 Cummings Drive, spoke in favor of request. Mayor Trevino asked for anyone wishing to speak in opposition of request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. Councilwoman Bielik presented council with visibility pictures of applicant's business. Councilwoman Bielik advised there is no room for a monument sign on Rufe Snow and the trees on Rufe Snow hide the business. Councilwoman Bielik believes the applicant has two hardships - the first one being the retaining wall and the property taken from business when Rufe Snow was widened and the second being the landscape ordinance and placement of trees that hide visibility of building. COUNCILWOMAN JOHNSON MOVED TO DENY SRB 2005-03. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes October 10, 2005 Page 7 MOTION TO DENY CARRIED 5-2 WITH COUNCILMEN LEWIS, WHITSON, MAYOR PRO TEM WELCH, COUNCILWOMEN COMPTON AND JOHNSON VOTING FOR DENIAL AND COUNCILWOMEN COX AND BIELlK VOTING AGAINST DENIAL. 9. SRB 2005-04 PUBLIC HEARING TO CONSIDER A SIGN VARIANCE REQUEST BY CHARLES SMITH ON BEHALF OF NORTH HILLS HOSPITAL (LOCATED AT 4401 BOOTH CALLOWAY ROAD) FROM THE SIGN REGULATIONS, ARTICLE 106 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES APPROVED Nature of request is to consider a variance from the sign regulations to allow wall signs to be installed on more than two elevations of the building and allow more than one monument sign per street frontage that would not have 8 inches of masonry surrounding sign. Mr. Charles Smith who represented applicant was available to answer questions from council. Mr. Pendley advised council staff is supportive of request primarily due to the general health and safety issues involved in access and visibility to the City's only hospital. The ability to see North Hills Hospital form several adjacent roadways is critical for the traveling public as well as emergency vehicles in search of emergency access to the hospital. It is staff's opinion that due to the necessity to properly identify the general public of the hospital and emergency services the applicant has identified a unique characteristic that creates a hardship. Mayor Trevino clarified with City Attorney George Staples that he was not required to recuse himself from discussion because he sits on the Executive Board for North Hills Hospital. Mayor Trevino opened the public hearing. Mayor Trevino asked for anyone wishing to speak in favor of request to come forward. Mr. Maury Siskel, 4516 Cummings Drive, spoke in favor of request. Mayor Pro Tem Welch read letter received from Robin R. Smith, 7805 Rogan Drive, who had no objection to the wall or monument signs, but recommended that the parking in front of the hospital and professional buildings be eliminated. City Council Minutes October 10, 2005 Page 8 Mayor Trevino asked for anyone wishing to speak in opposition of request to come forward. There being no one else wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE SRB 2005-04. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 10. SP 2005-10 CONSIDERATION OF A REQUEST FROM MYCOSKIE, MCINNIS ASSOCIATES ON BEHALF OF BATES CONTAINER FOR APPROVAL OF A SITE PLAN FOR A 39,000+ SQUARE FOOT INDUSTRIAL BUILDING (LOCATED IN THE 6400 BLOCK OF SMITHFIELD ROAD - 2.45 ACRES) APPROVED Nature of request is to consider site plan approval of a proposed 39,300 square foot industrial building for Bates Container. The site plan approval is required because the site is located across from an existing residential neighborhood. Mr. Michael Buckley, applicant, was available to answer questions from council. Chief Planner Dave Green summarized item for council. Mr. Green advised the Planning and Zoning Commission unanimously recommended approval of SP 2005-10 subject to minor corrections concerning proposed parking which have been addressed by the applicant. COUNCILMAN LEWIS MOVED TO APPROVE SP 2005-10. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 11. ZC 2005-15 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM COZY WATER PROPERTIES, INC. FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1" AND "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 6900 BLOCK OF CLIFT STREET - 1.906 ACRES) - ORDINANCE NO. 2852 DENIED Mayor Trevino opened the public hearing. City Council Minutes October 10, 2005 Page 9 Nature of request is to consider a zoning change from AG agricultural district to R-1 and R-2 single family residential district for the purpose of developing a residential subdivision. The request is the second from applicant to change AG zoning designation. The Planning and Zoning Commission and City Council denied request from applicant (ZC 2005-11) on July 21, 2005 and August 8, 2005 respectively. The zoning ordinance stipulates that an applicant must wait a period of six months prior to submitting an identical request. The request before council is not identical so therefore the waiting period does not apply to this case. Mr. Charles Dibrell, 2109 Franklin Drive, Arlington who represented applicant was available to answer questions from council. Mr. Dibrell advised applicant's request proposes a total of 4 lots for the site - one lot is proposed R-2 with the remaining lots proposed as R-1. Mr. Green advised council staff had received a petition of opposition from the nearby property owners. The petition contains signatures from 52.3% of the property owners with 200' of the subject site therefore making the petition valid thus requiring a three- fourths vote from the council to approve zoning change request. The Planning and Zoning Commission voted 5-2 for approval of request. Mayor Trevino asked for anyone wishing to speak in favor of request to come forward. Mr. Charles Dibrell, 2109 Franklin Drive, Arlington spoke in favor of request. There being no one else wishing to speak. Mayor Trevino asked for anyone wishing to speak in opposition to come forward. The following people spoke in opposition: Randy Burton, 6921 Clift Street; Carol Brandt, 8908 Amundson Drive and Jane Munoz, 6901 Clift advised they would prefer R-1 zoning allowing only two houses. There being no one else wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN LEWIS MOVED TO APPROVE ZC 2005-15. MOTION DIED DUE TO A LACK OF A SECOND. COUNCILWOMAN BIELlK MOVED TO DENY ZC 2005-15. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO DENY CARRIED 6-1 WITH COUNCILMAN WHITSON, MAYOR PRO TEM WELCH, COUNCILWOMEN COX, COMPTON, JOHNSON, BIELlK VOTING FOR DENIAL AND COUNCILMAN LEWIS VOTING AGAINST DENIAL. City Council Minutes October 10, 2005 Page 10 12. GN 2005-102 CONTINUATION OF BYRNE GRANT (NARCOTIC TASK FORCE)- RESOLUTION NO. 2005-075 APPROVED Nature of request is to consider resolution authorizing the Police Department to continue with the Byrne Grant and apply for grant continuation for the special narcotics investigator project. Police Chief Jimmy Perdue was available to answer questions from council. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION NO. 2005-075. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 13. GN 2005-103 NOMINATION TO THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 2005-076 APPROVED Nature of request is to consider resolution nominating John Henry Clanton to the Tarrant Appraisal District Board of Directors. Budget Director Drew Corn was available to answer questions from council. COUNCILWOMAN BIELlK MOVED TO APPROVE RESOLUTION NO. 2005-076. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 14. GN 2005-104 APPOINTMENT OF CHAIRMAN TO REINVESTMENT ZONE NO.1 AND CHAIRMAN TO REINVESTMENT ZONE NO.2 APPROVED City Secretary Patricia Hutson advised council the Bylaws for the Reinvestment Zone Number One and Reinvestment Zone Number Two state council is to appoint a Chairman to both boards on an annual basis. City Council Minutes October 10, 2005 Page 11 COUNCILMAN WHITSON MOVED TO REAPPOINT MAYOR TREVINO AS CHAIR FOR BOTH BOARDS. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 15. GN 2005-105 APPOINTMENTS TO NAMING BOARD APPROVED Ms. Hutson advised council appointments to the Naming Board are to be made annually on or before November 1 and serve one-year terms. Mayor Trevino subject to council approval makes appointments to the Naming Board and Mayor Trevino is recommending that Councilwoman Compton, Councilman Lewis and himself be reappointed to the Naming Board. COUNCILWOMAN JOHNSON MOVED TO APPROVE THE RECOMMENDATION OF THE MAYOR TO REAPPOINT COUNCILWOMAN COMPTON, COUNCILMAN LEWIS AND MAYOR TREVINO TO THE NAMING BOARD. COUNCILMAN WHITSON SECONDED THE MOTION MOTION TO APPROVE CARRIED 7-0. 16. INFORMATION AND REPORTS Councilwoman Bielik made the following announcements. The Autumn Night Music concert series will continue on Friday, October 14, with a performance by FINGERPRINTS, a Dallas-based jazz band. The free concert will begin at 7 p.m. at Fossil Creek Park, 6101 South Onyx Drive. Guests are encouraged to bring blankets and lawn chairs. For more information, please call 817-427-6620. The North Richland Hills Fire Department Open House will be held Saturday, October 15, from 10 a.m. - 2 p.m. at the Fire Administration Building, 7202 Dick Fisher Drive North. Residents are invited to learn about the many important services provided by the North Richland Hills Fire Department. For more information, please call 817-427-6905. Neighborhood Services will celebrate the national Make a Difference Day on October 22 by coordinating Neighborhood Initiative Program projects. These projects may take the form of cleanup, fix-up, painting and yard work for neighbors in need. Make a City Council Minutes October 10, 2005 Page 12 commitment to help others for just one day. Make a difference on Make a Difference Day! To volunteer or to suggest a project, please call 817-427-6651. Kudos Korner - Conrad Spangler, Terry Wreay, Chris Turner, Danny King Public Works Department - A letter was received from a North Richland Hills resident praising these employees for their quick response after she called to report that a tree limb fell and was blocking her street. She said the employees were very efficient, pleasant and courteous. The problem was promptly solved and the resident appreciated it very much. 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:42 p. . ".,.~ ':tI." . "t.þ M~1rii;""""""'~~\ ¡~'1 ..\{þ~ ~: r · :: :: : :: .' ~ ¿/¿