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HomeMy WebLinkAboutCC 1998-09-28 Minutes Present: Absent: MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 28,1998 - 6:15 P.M. Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Donna Huerta Marty Wieder Greg Dickens Terry Kinzie Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager City Manager City Secretary Director of Communications Economic Development Director Public Works Director Information Services Director Rex McEntire Attorney ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6: 15 p.m. DISCUSS ITEMS Agenda Item No. 15 - GN 98-120 - The Council NAN FROM REGULAR discussed who the five board delegates would be to SEPTEMBER 28 the Reinvestment Zone Number 1. The consensus AGENDA of the City Council was to appoint Mayor Scoma, Councilman Welch, Councilman Milano, Councilman Metts and Councilwoman Lyman. Agenda Item 6c - Minutes of the City Council PATRICIA Meeting September 14,1998 - Councilman Metts advised that on Item Number 7 of the regular minutes his intent was to vote for the denial rather than against it. He requested that the minutes be changed to reflect him voting for the denial. Agenda Item No. 7 - PZ 98-31 - Councilman NAN Mitchell requested clarification as to whether the property was still in the flood plain. The Public Works Director advised that the property still had some flood plain on it. Pre-Council Minutes September 28, 1998 Page 2 ITEM DISCUSSION ASSIGNMENT ITEMS FROM Agenda Item No.1 0 - PZ 98-37 - The Council was BARRY/RANDY REGULAR advised that the August 27, 1998 Planning & Zoning AGENDA Minutes, Item No. 11, have been revised to ( continued) accurately reflect what was said by Mayor Scoma during the meeting. Because the Planning & Zoning Commission has already approved the minutes, they will be sent back to the Board for their approval with the correction. The Council was given a copy of the correction. Agenda Item No. 12 & 13 - GN 98-116 & GN 98- NAN 117 - The City Council was given a revised Option C for GN 98-116. The City Manager advised that some typographical/grammatical corrections had been made and that on page 24 the Sign Review Board language was changed to allow the City Council to serve in that capacity. Additional repealer language was also added. The City Council was given a revised Option B for GN 98-117. The City Manager advised that some typographical corrections had been made. In addition, the Landscape Review Board language was changed to allow the City Council to serve in that capacity rather than the Zoning Board of Adjustment. TOWN CENTER Mr. Ragland advised that staff was preparing a RON R. TOUR OPTIONS comprehensive package of information to be distributed to the City Council, the Planning & Zoning Board and Park Board. The City has also engaged Richard Ferrara Architects to assist in evaluating the zoning, subdivision and architectural standards for the Town Center Project. The Council could also as an option tour area projects similar to the proposed Town Center Project. The Council will only be able to see portions of what is to be included in the Town Center Project since there is not a similar project in the area. The third option would be for the Council to go outside the State to visit a similar project. The Council discussed the three options proposed. The consensus of the Council was to review the packet of information being prepared by staff and to tour local projects, as needed. Pre-Council Minutes September 28, 1998 Page 3 ITEM DISCUSSION ASSIGNMENT DISCUSSION OF The consensus of the Council was to hold the annual PATRICIA BOARD/ Board/Commission Reception at the Holiday Inn - COMMISSION Meacham Blvd. on October 27. The Council also RECEPTION agreed that some type of program should be arranged - accomplishments of the boards/commissions, entertainment, motivational speech. The Council agreed that the three ad hoc committees should also be invited to the reception. The Staff will work with the Mayor Pro Tem on the details of the reception. RATE PROPOSALS Mr. Shiflet discussed with the Council two options for RANDY FOR IRON HORSE the Council to consider if they would like to offer the GOLF COURSE senior citizens a reduced rate. Option One consists of a yearly resident senior pass with certain conditions; i.e. purchase price of $400 valid Monday through Thursday only and seniors could only play two rounds per month annually, optional cart fee of $11. Option Two consists of a 10 percent overall reduction in the existing resident senior rates effective Monday through Thursday. The Council discussed how the two options would affect the operation and revenues of the golf course. The consensus of the Council was for Staff to prepare an action item for the next City Council meeting for consideration of these options. PROPOSED Staff discussed the request from Marcus Cable RON MARCUS CABLE requesting the City transfer the franchise agreement TRANSFER TO to Vulcan Cable. Staff advised that they were VULCAN CABLE recommending that the City join with a consortium of cities in the Marcus System. The consortium will be contracting with the legal firm of Varnum, Riddering, Schmidt and Howlett, to assist in evaluating Vulcan and its financial capabilities, to insure legal compliance is achieved, and to insure that Vulcan is a reliable company and can provide services. After Council discussion, the consensus was for the City to become part of the consortium and for emphasis in the transfer agreement to be placed upon customer service. Pre-Council Minutes September 28, 1998 Page 4 ITEM DISCUSSION ASSIGNMENT YEAR 2000 Due to time constraints, the Mayor advised this item NAN PROGRESS would be held until the next Pre-Council Agenda. REPORT EXECUTIVE Mayor Scoma announced at 6:14 p.m. that the SESSION Council would adjourn to Executive Session to discuss personnel and land acquisition as authorized by Government Code Sections 551.074 and 551.052. ~'-~ ATTEST: r7áóZt¿Ú~ ~ Patricia Hutson - City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 28,1998 -7:38 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order September 28, 1998 at 7:38 p.m. ROLL CALL Present: Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Greg Dickens Absent: Rex McEntire Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary City Engineer Attorney 2. INVOCATION HOLIDAY HEIGHTS ELEMENTARY DONNA SOLLEY, PRINCIPAL 3. PLEDGE OF ALLEGIANCE HOLIDAY HEIGHTS ELEMENTARY DONNA SOLLEY, PRINCIPAL Ms. Donna Solley, Principal of Holiday Heights Elementary, recognized 10 students from the school's leadership team. The invocation was given by a member of this team. The students led the pledge of allegiance. Councilman Welch presented Holiday Heights Elementary with a certificate of appreciation for their participation in the Council meeting. City Council Minutes September 28, 1998 Page 2 4. SPECIAL PRESENTATIONS A. JON HALLFORD - EAGLE SCOUT CERTIFICATE OF RECOGNITION Mayor Scoma presented to Mr. Jon Hallford, a Certificate of Recognition recognizing his achievement of the Eagle Scout Award. B. YARD OF THE MONTH AWARDS Mayor Pro Tern Phifer and Ms. Patsy Tucker, Beautification Commission, presented certificates to the following Yard of the Month recipients for the month of September: R.A. and Ann Meek, 6204 Camelot Court, Bill and Nell Brackin, 7101 Corona, Bill and Barbara Norman, 4708 Greenway Court, Larry and Chrissie Kelly, 5641 Jamaica Circle, Simon and Petra Torres, 7921 Emerald Hills, Sonny and Kay Storrs, 6768 Brittany Park Court, Pat and Nanettek Watson, 8324 Thorncrest Court, Sally and Reno Minacapelli, 8562 Shadybrooke Court. C. LANDSCAPE OF THE MONTH AWARD Ms. Patsy Tucker, Beautification Commission, recognized David Duffy, Manager, Owens Restaurant, 7630 Northeast Loop 820 as the recipient of the "Landscape of the Month" award for September. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVALOF CONSENT AGENDA ITEM(S) APPROVED A. MINUTES OF THE WORK SESSION JUNE 29, 1998 B. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 14, 1998 City Council Minutes September 28, 1998 Page 3 C. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 14, 1998 D. GN 98-115 - INTERLOCAL AGREEMENT WITH CITY OF WATAUGA FOR PURCHASE OF FUEL FROM NORTH RICHLAND HILLS - RESOLUTION NO. 98-47 E. PU 98-56 - AWARD BID FOR ANNUAL CONTRACT TO PROVIDE TRAFFIC SUPPLY MATERIALS F. PU 98-57 - AWARD BID FOR ANNUAL T-SHIRT SUPPLY CONTRACT G. PW 98-17 - AWARD OF BID TO WALT WILLIAMS CONSTRUCTION, INC. IN THE AMOUNT OF $148,703.40 FOR RUMFIELD ROAD, PHASE II MISCELLANEOUS PAVING IMPROVEMENTS H. PW 98-18 - APPROVE CITY-DEVELOPER AGREEMENT FOR CIP WATER & SEWER SYSTEM IMPROVEMENTS WITH SANDLIN-BARFIELD JOINT VENTURE FOR THE THORNBRIDGE ESTATES V ADDITION - RESOLUTION NO. 98- 49 I. PW 98-19 - APPROVE CITY-DEVELOPER AGREEMENT FOR CIP WATER & SEWER SYSTEM IMPROVEMENTS WITH J.B. & J.B. DEVELOPMENT FAMILY LIMITED PARTNERSHIP FOR THE THORNBRIDGE EAST ADDITION - RESOLUTION NO. 98- 48 J. PAY 98-07 - APPROVE FINAL PAYMENT ESTIMATE NO.3 IN THE AMOUNT OF $35,548.83 TO WRIGHT CONSTRUCTION COMPANY FOR RUMFIELD ROAD, PHASE II UTILITY ADJUSTMENTS Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve the Consent Agenda, with the provision that the minutes from City Council meeting, September 14, 1998 be changed as discussed in Pre-Council. Motion to approve carried 7-0. City Council Minutes September 28, 1998 Page 4 7. PZ 98-31 PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY KLINE FOR A ZONING CHANGE FROM R6T-TOWNHOMES TO PD- PLANNED DEVELOPMENT FOR SINGLE FAMILY HOMES ON BLOCKS 31, 32 AND 33, HOLIDAY NORTH ADDITION. (LOCATED IN THE 5500 BLOCK OF HOLIDAY LANE) - ORDINANCE NO. 2335 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. Mr. Tommy Kline, the applicant, spoke in favor of the request and addressed the concerns of the Planning and Zoning Commission. The following citizens spoke in favor of the request: Ms. Joan Hockenberry, 5704 Bermuda Drive, representing twenty-two neighbors. Mr. John Wise, 5713 Carolyn Drive Mr. Leon Hatfield, 7509 Jean Ann Mr. Henry Oats, 7557 Circle Drive Mr. Jack Skelton, 7500 North Richland Blvd, also asked Council to consider the traffic. Ms. Sandra Durbin, 5709 Acapulco, expressed her concern about homes not being sold. Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak, Mayor Scoma closed the public hearing. Councilman Welch moved, seconded by Councilman Metts, that PZ 98-31 and Ordinance No. 2335, be approved, with the provision that a masonry fence be placed on Field Stone Drive, and that 25% of the costs of a new traffic signal at Trinidad Drive and Holiday Lane be a cost to this new residential development, and the inclusion of staff recommendations consisting of a minimum 7500 square foot lot area, 1600 square feet minimum dwelling size with no more than 18 units between 1600 and 1800 square feet; excluding the 18 units, all other housing units shall be a minimum of 1800 square feet and street "An to align with Jamaica Circle. After discussion, Councilman Metts withdrew his second to the motion. Councilwoman Lyman seconded Councilman Welch's motion. City Council Minutes September 28, 1998 Page 5 Motion failed by a 3-4 vote; Councilmen Welch, Milano and Councilwoman Lyman voting for approval and Mayor Pro Tem Phifer, Councilmen Metts, Mitchell and Councilwoman Johnson voting against. After discussion, Councilman Mitchell moved that PZ 98-31 and Ordinance No. 2335 be approved as recommended by the Planning and Zoning Commission and that the 18 foot hike and bike trail recommended by the Staff be included as a requirement, with the further requirement that the developer pay 10% of the cost of the new traffic signal at Trinidad Drive and Holiday Lane. Motion was seconded by Councilman Metts. Motion to approve carried 5-2; Mayor Pro Tem Phifer, Councilmen Milano, Metts, Mitchell, and Councilwoman Johnson voting for approval and Councilman Welch and Councilwoman Lyman voting against. 8. PZ 98-38 PUBLIC HEARING TO CONSIDER THE REQUEST OF DANNY MOBLEY FOR A SPECIAL USE PERMIT TO ALLOW AN AUTOMOBILE LUBRICATION CENTER ON LOT 4R, BLOCK 1, NORTH EDGLEY ADDITION (LOCATED AT 4235 ROAD TO THE MALL) - ORDINANCE NO. 2337 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. Mr. Danny Mobley, owner of the property, spoke in favor of request. Mayor Scoma called for anyone wishing to speak in opposition to come forward. Mayor Scoma called on Mr. Barry LeBaron, Director of Planning and Inspections, for Staff recommendation. Staff recommends that if this Special Use Permit is approved that the applicant be required to install a minimum of three (3) all - weather planter boxes with at least fifteen (15) gallon size shrubs adjacent to the Road to the Mall frontage. These shrubs should be from the list of approved shrubs in the City's Landscaping Ordinance. There being no one else wishing to speak, Mayor Scoma closed the public hearing. Councilwoman Johnson expressed her concern on a sprinkler system not being req u ired. After discussion, Councilwoman Lyman moved, seconded by Councilman Welch, to approve PZ 98-38 and Ordinance No. 2337 with the inclusion of landscaping as recommended by Staff. City Council Minutes September 28, 1998 Page 6 Motion to approve carried 6-1; Mayor Pro Tem Phifer, Councilmen Milano, Metts, Mitchell, Welch and Councilwoman Lyman voting for approval and Councilwoman Johnson voting against. 9. PZ 98-39 PUBLIC HEARING TO CONSIDER THE REQUEST OF LANKFORD EWELL FOR A SPECIAL USE PERMIT TO ALLOW AN AUTOMOBILE LUBRICATION CENTER ON LOT 7, BLOCK F, RICHLAND OAKS ADDITION (LOCATED AT 8208 GRAPEVINE HIGHWAY) - ORDINANCE NO. 2338 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. Mr. Mike Ewell, owner of the property, spoke in favor of the request. Mayor Scoma asked Mr. Barry LeBaron, Director of Planning and Inspections, for Staff recommendations in regard to this site. Staff recommendations were that if a special use permit is approved, the applicant be required to repair the awning to its original condition and that a minimum of eight (8) shrubs with a minimum height of eighteen (18) inches be required in the landscaping area adjacent to Grapevine Highway. These shrubs should come from the list of approved shrubs in the City's landscaping ordinance. There being no one else wishing to speak, Mayor Scoma closed the public hearing. Councilwoman Johnson moved, seconded by Mayor Pro Tem Phifer, to approve PZ 98-39 and Ordinance No. 2338. Motion to approve carried 7-0. 10. PZ 98-37 PUBLIC HEARING TO CONSIDER REMOVING THE SIGN REGULATIONS FROM THE ZONING ORDINANCE - ORDINANCE NO. 2336 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. Ms. Lelilian White, 5520 Finian Lane, asked the Mayor and Council to explain Ordinance No. 2336. There being no one else wishing to speak, Mayor Scoma called for anyone wishing to speak in opposition to come forward. City Council Minutes September 28, 1998 Page 7 Mr. Richard Davis, 6617 Hillside Court, and Chair of the Planning and Zoning Commission, spoke in opposition of the request. He wanted the Mayor and Council to know that the Planning and Zoning Commission is no longer in favor of approving Ordinance No. 2336. Mr. Davis and members of the Planning and Zoning Commission were under the impression that the Ad-Hoc Committee would present suggestions, changes, and amendments to the Planning and Zoning Commission for review prior to submitting to Council for adoption. Mr. Davis asked the Council not to take the Planning and Zoning Commission's recommendation to remove the sign and landscape regulations from the Zoning Ordinance. Mr. Ted Nehring, Planning and Zoning Member, 7529 Hightower, concurred with Mr. Richard Davis. He believed that the Ad-Hoc Committee would submit their findings to the Planning and Zoning Commission for review, and a recommendation would then be sent to Council for consideration. Mr. Doug Blue, Planning and Zoning Member, 7740 John Autry, concurred with Mr. Richard Davis. Mr. James Laubacher, Planning and Zoning Member, 8805 Hedgerow Court, stated that he was in complete agreement with Mr. Richard Davis. Any changes to the Zoning Ordinance would be brought before the Planning and Zoning Commission for review. He believes that it would be in the best interest of the City to continue to adhere to that process. Mayor Scoma addressed the concerns of the Planning and Zoning Members. He reiterated what he told the Planning and Zoning Commission at their meeting on August 27, 1998. He advised the Planning and Zoning Board that an Ad-Hoc Committee had been formed to look at the landscaping and signage. The Ad- Hoc Committee is to report its recommendation from the citizen's viewpoint to the Planning and Zoning Commission. The Planning and Zoning Commission will review the recommendations and will forward a proposed ordinance to the City Council for adoption. He explained the Council was considering the adoption of an interim ordinance to regulate landscaping and signage until the Ad-Hoc Committee completes their work and submits their recommendation to the Planning and Zoning Commission. The proposed interim ordinance under consideration contains the ordinances that were being used along with the interim guidelines established by Staff. Ms. Lelilian White, 5520 Finian Lane, expressed concerns on the approval of PZ 98-37 and Ordinance 2336 and urged Council to vote against the proposal. After discussion, Councilwoman Johnson moved, seconded by Councilman Metts, to approve PZ 98-37 and Ordinance No. 2336. City Council Minutes September 28, 1998 Page 8 Motion to approve carried 6-1; Mayor Pro Tem Phifer, Councilmen Metts, Mitchell, Welch and Councilwomen Johnson and Lyman voting for approval and Councilman Milano voting against. RECESS Mayor Scoma called a recess at 10:00 p.m. BACK TO ORDER Mayor Scoma called the meeting back to order at 10:05 p.m. with the same members present as recorded. 11. PZ 98-41 PUBLIC HEARING TO CONSIDER REMOVING THE LANDSCAPING REGULATIONS FROM THE ZONING ORDINANCE - ORDINANCE NO. 2339 APPROVED Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. There being no one wishing to speak in favor, Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Metts moved, seconded by Councilman Welch, to approve Ordinance No. 2339. Motion to approve carried 6-1; Mayor Pro Tem Phifer, Councilmen Metts, Mitchell, Welch and Councilwomen Johnson and Lyman voting for approval and Councilman Milano voting against. 12. GN 98-116 CONSIDER ADOPTION OF SIGN REGULATIONS AS A STAND ALONE ORDINANCE - ORDINANCE NO. 2341 APPROVED Mayor Scoma advised that Staff had recommended that the Zoning Board of Adjustment be appointed as a Sign Review Committee. At the request of Council, the ordinance has been revised appointing the Council as Sign Review Board. Councilwoman Johnson moved, seconded by Councilman Milano, to postpone GN 98-116, Ordinance No. 2341, for the purpose of it being returned to the Planning and Zoning Commission for further review, and the Planning and City Council Minutes September 28, 1998 Page 9 Zoning Commission to forward their recommendation to Council at the next Council meeting. After discussion, Councilwoman Johnson withdrew her motion and Councilman Milano withdrew his second. Councilman Milano moved, seconded by Councilwoman Johnson, to adopt Ordinance No. 2341, revised option "C" as amended and revised in the Pre- Council meeting, and with the provision that the City Council be specified as the Review Board for the Interim Sign Ordinance and Ordinance No. 2341 is to be sent to the Planning and Zoning Commission for their review and comments. Motion to approve carried 7-0. 13. GN 98-117 CONSIDER ADOPTION OF LANDSCAPING REGULATIONS AS A STAND ALONE ORDINANCE - ORDINANCE NO. 2340 APPROVED The Director of Planning and Inspections, Barry LeBaron, presented Options A & B of Ordinance No. 2340 as discussed in Pre-Council. Option A adopts the current sign regulations verbatim, adds a landscape review board, and a penalty clause. The City Council will serve as the Landscape Review Board. Option B is similar to the "Interim Landscape Guidelines" adopted by the City Council on July 27, 1998 with the following additional requirements: a 10' landscape edge setback adjacent to all public streets; requires a 1 two-inch caliper tree per each 300 square footage of landscape edge; screening along the edge of a parking lot with 24" shrubs or a berm between the street and the parking lot. It also provides for a Landscape Review Board, and designates the Zoning Board of Adjustment as the Review Board. If the City Council chooses to serve as the appeals/review board, Article I, Section 3.1., Page 8 needs to be changed. Councilwoman Lyman moved, seconded by Milano, to approve Ordinance No. 2340, Option B as presented by the staff and modified at Pre-Council, and with the City Council serving as the landscape review board, and the ordinance to be sent to Planning and Zoning Commission for their review and comments. After discussion, Councilwoman Lyman amended the motion, Councilman Milano amended his second, to also include on page 7, paragraph H, Landscaping of Parking Areas and revise paragraph I, page 4, by increasing from 7 %% to 10% the total land area. Motion carried 7-0. City Council Minutes September 28, 1998 Page 10 14. GN 98-119 APPROVE ALLEY ABANDONMENT FOR RICHLAND OAKS ADDITION, BLOCK H AND BLOCK J - ORDINANCE NO. 2334 APPROVED Councilwoman Johnson moved, seconded by Mayor Pro Tem Phifer, to pass GN 98-119 and Ordinance No. 2334. Motion carried 7-0. 15. GN 98-120 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NUMBER 1 APPROVED Councilwoman Johnson moved, seconded by Councilman Metts, to appoint Mayor Scoma, Councilman Milano, Councilwoman Lyman, Councilman Metts, and Councilman Welch, as North Richland Hills' delegates to serve staggered, two year terms on the Reinvestment Zone Number One Board of Directors and to designate City Manager, Larry Cunningham, as the Zone Manager. Motion carried 7-0. 16. GN 98-121 AUTHORIZING EMINENT DOMAIN ON DOUGLAS LANE WIDENING PROJECT - BURSEY ROAD TO STARNES ROAD - RESOLUTION NO. 98-50 APPROVED Councilwoman Johnson moved, seconded by Councilman Milano, to approve GN 98-121 and Resolution 98-50. Motion carried 7-0. 17. CITIZENS PRESENTATION None City Council Minutes September 28, 1998 Page 11 (B) INFORMATION AND REPORTS Mayor Scoma announced two items that were going to be reported but will hold them until the next City Council meeting. 1.) Marcus Cable Update 2.) Brush Removal 18. ADJOURNMENT Mayor Scoma adjourned the meeting at 10:31p.m. ATTEST: c:?æá<'6'~ .~ Patricia Hutson - City Secretary