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HomeMy WebLinkAboutCC 1998-11-09 Minutes Present: 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 - NOVEMBER 9,1998 - 6:00 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 Alicia Richardson Rex McEntire Marty Wieder Greg Dickens Larry Koonce Donna Huerta Melani Fragge Jonita Morrow Steve Norwood James Saint Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney Economic Development Director Public Works Director Finance Director Director of Communications Human Resources Director Risk Manager Interim Planning Director Assistant to City Manager ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item No. 7 - PZ 98-20 - Councilwoman NAN FROM REGULAR Lyman questioned if there would be elevators for the NOVEMBER 9 seniors. Staff advised that there would be an AGENDA elevator in all of the buildings. Councilwoman Johnson requested if there could be restrictions on the number of people that could occupy a one- bedroom unit and a two-bedroom unit. Attorney McEntire advised that a restriction could be placed on the number of people occupying a unit through a covenant that runs with the land as a deed restriction. Pre-Council Minutes November 9, 1998 Page 2 ITEM DISCUSSION ASSIGNMENT Agenda Item No. 11 - PS 98-39 - Mayor Pro Tem NAN Phifer questioned if the drainage was in accordance with what Council had previously outlined in the Planned Development. Staff advised that their plans had been submitted and they were taking the drainage underground across Singing Hills. Agenda Item 6f - PU 98-64 - Councilman Mitchell NAN questioned the accuracy of the new water meters compared to older meters. Staff advised that as meters age, they become slower in reading and will not read accurately. The City Manager advised that the complaints being received on high water bills is being looked at by the Staff on a case-by-case basis. Mr. Cunningham introduced the Interim Planning Director, Mr. Steve Norwood. POSSIBLE WORK There was discussion on setting a work session for PATRICIA SESSION the purpose of discussing regulations and criteria REGARDING that will be included in the proposed Town Center TOWN CENTER Zoning District. The consensus of the Council was ZONING DISTRICT to set the work session for November 24 from 11 :30 a.m. to 1 :30 p.m. CHANGING OF Staff advised that Council previously changed the PATRICIA DECEMBER 23 December 23 meeting to December 21 at noon. COUNCIL Because the public hearing for Arcadia Realty's MEETING TO zoning change is scheduled for December 21, Staff DECEMBER 21 is recommending an evening public hearing rather than one at noon. The consensus of the Council was to change the December 21 noon meeting to 7:00 p.m. REVIEW Mr. Shiflet explained that because of changes in RAN DY/PA TRICIA PROPOSED Federal and State laws regulating TELECOMMUNI- telecommunications, municipalities are required to CATION allow equal access for other providers wanting to FRANCHISE provide telephone service within the City. The AGREEMENT Council will be considering an ordinance in the next few months that calls for the method of right-of-way compensation to be calculated on a per-line flat rate rather than the current method of a percentage of gross receipts. The ordinance will replace the Pre-Council Minutes November 9, 1998 Page 3 ITEM DISCUSSION ASSIGNMENT current method of four rates with a two-tier structure - one for residents and one for non-residents. The proposed fees are $.85 for residential and $2.35 for non-residential. After further discussion, Council set a work session for the purpose of an additional briefing on the proposed telecommunication franchise agreement. The work session will be held on November 23 during the Pre-Council meeting. Staff is also to try to arrange for Mr. Clarence West, the Telecommunications Attorney assisting the City with the process, to also attend the work session to further brief the Council on the proposed telecommunication franchise agreement. APPLICATION FOR The City Manager discussed with the Council LARRY C. TRANSPORTATION whether they would be willing for the City to be the GRANT FOR NETS sponsoring agency for NETS enabling them to apply for the federal grants. Consensus of the Council was for the City to be the sponsoring agency as long as it would not place any undue burden or unusual requirements upon the City. USE OF Mayor Scoma advised that B.I.S.D. had contacted LARRY C. SIGNBOARD AT the City asking if there was any interest in BIRDVILLE participating in a lease agreement to advertise on STADIUM the scoreboard. The City Manager advised that the City would have access to % of the signboard and would be able to change the background or message on the sign regularly and the City would also have use of the video. City amenities could be promoted on the signboard. The Council discussed whether they would be agreeable to participating with the School District. Staff is to review the advertising budgets and report back to the Council on what is being spent for current advertising by the City's Enterprises, how they would benefit from this from a promotional standpoint, the percent of time the City would be able to advertise on the video, and how it would be financed with the District. Councilman Welch stated that if the City did enter into an agreement, he wanted the City to be sure that the School District would maintain the sign. Pre-Council Minutes November 9, 1998 Page 4 ITEM DISCUSSION ASSIGNMENT WORK SESSION The Council was asked if there were any additional NAN WITH items they would like to submit for the work sessions BEAUTIFICATION with the Beautification Commission and the Parks COMMISION AND and Recreation Board. No additional items were PARKS AND added. The Council agreed that they would review RECREATION the Council's goals with the two boards. BOARD OTHER None. INFORMATIONAL ITEMS ADJOURNMENT Mayor Scoma announced at 7:00 p.m. that the Council would adjourn to Executive Session to discuss pending litigation as authorized by Government Code Section 551.071. """'ìlt' 1 ~ . . uut/f Charles Scoma - M /I. /Jv~UI...- or ATTEST: g/WzIcú ~ Patricia Hutson - City Secretary 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 - NOVEMBER 9,1998 -7:30 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order November 9, 1998 at 7:37 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 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. INVOCA TION Councilman Mitchell gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS Mayor Scoma recognized the Richland High School band for placing 5th in State Competition, and presented a plaque of recognition and congratulations to Mr. Randy Cobb, Principal, Mr. Bill Watson, Band Director, Mr. Henry Schraub, Fine Arts Director, and Mr. Fred Wilson, President of B.IS.D. School Board. City Council Minutes November 9, 1998 Page 2 Mayor Scoma advised that the City would be recognizing the Richland Band directly with a proclamation on December 13 at the band's Christmas Concert. The performance will be at 2:00 p.m. 1998 USTA FACILITY AWARDS PROGRAM Ms. Joyce Dreslin, representing the United States Tennis Association, presented the award received by the Richland Tennis Center recognizing the Center as one of the outstanding public tennis centers for 1998. IR 98-122 - IAAPA TOUR OF NRH20 Mr. Jim Browne, Director of Park and Recreation, reported that NRH20 has been selected to participate in the International Association of Amusement Parks and Attractions Waterpark Tour on November 17. The tour is scheduled to begin at 8:00 a.m. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. CONSENTAGENDAITEM(~ APPROVED A. MINUTES OF THE PRE COUNCIL MEETING OCTOBER 26, 1998 B. MINUTES OF THE CITY COUNCIL MEETING OCTOBER 26, 1998 C. GN 98-133 - AMENDMENT TO COUNCIL RULES OF PROCEDURE- ORDINANCE NO. 2343 D. GN 98-134 - AUTHORIZE INTERLOCAL PURCHASING AGREEMENT WITH BIRDVILLE INDEPENDENT SCHOOL DISTRICT - RESOLUTION NO. 98-59 E. GN 98-135 - PROPERTY LINE ADJUSTMENT AT THE 100 ACRE PARK SITE - RESOLUTION NO. 98-60 F. PU 98-64 - AUTHORIZE CONTRACT WITH BADGER METER, INC. - RESOLUTION NO. 98-58 City Council Minutes November 9, 1998 Page 3 G. PU 98-65 - AWARD CONTRACT FOR COPY MACHINES TO SOUTHWEST OFFICE SYSTEMS, INC. H. PU 98-66 - PROPERTY INSURANCE - APPROVE BID FOR RENEWAL POLICY TERM: 11/15/98 TO 10/1/99 I. PAY 98-08 - AUTHORIZE PAYMENT TO MOTOROLA FOR ANNUAL MOBILE DATA TERMINAL SERVICE AGREEMENT - RESOLUTION NO. 98-55 J. PAY 98-09 - AUTHORIZE PAYMENT TO TIBURON, INC. FOR ANNUAL MAINTENANCE AGREEMENT - RESOLUTION NO. 98-56 K. PAY 98-10 - AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 98-57 Councilwoman Johnson moved, seconded by Councilman Mitchell, to approve the Consent Agenda. Motion carried 7-0. 7. PZ 98-20 PUBLIC HEARING TO CONSIDER THE REQUEST OF RICK SIMMONS FOR A ZONING CHANGE FROM R7- MULTI-FAMILY AND C1-COMMERCIAL TO PD-PLANNED DEVELOPMENT FOR INDEPENDENT SENIOR HOUSING ON TRACT 4A1 OF THE SID RICHARDSON SURVEY, A-1266 (LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD) - ORDINANCE NO. 2345 APPROVED Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in favor of the zoning change to come forward. Mr. Rick Simmons, applicant, appeared before the Council in favor of the zoning change. Mr. Simmons addressed some of the issues associated with the zoning change and answered questions from the Council. He advised that the units would be one-bedroom and two-bedroom units and would be a minimum of 880 and 980 square feet respectively. Mr. Simmons advised he would be following the Federal Fair Housing Act as it pertains to senior housing. Mr. Simmons advised he was not planning on allowing RV parking on the property and he would return to the Council for a special use permit if their plans changed. He advised that caregiving would be worked out on an individual case and that there was a lease restriction. Mr. Simmons agreed to add to the lease restrictions limiting two people to a one-bedroom unit and three people to a City Council Minutes November 9, 1998 Page 4 two-bedroom unit with individual cases being looked at individually. He advised that there a minimum of 15 percent of the units were set aside for handicap individuals and every unit is designed to be handicap accessible. He explained how the State monitors the low and moderate income rental rates and how the program works. Mr. Steve Norwood, Interim Planning Director, summarized the issues associated with the zoning change and presented the recommendations of the Staff and Planning and Zoning Commission. Mayor Scoma asked for anyone wishing to speak in opposition to come forward. There being no one wishing to speak, Mayor Scoma closed the Public Hearing. Councilwoman Johnson moved, seconded by Councilman Mitchell, to approve PZ 98- 20 and Ordinance No. 2345 as recommended by the Planning and Zoning Commission with the provision that the deed restriction be changed to limit the rental of these units to citizens 55 years of age and older and that no resident be younger than 55 years of age. Councilman Welch requested that the motion be amended to 60 years of age instead of 55 years of age. Councilwoman Johnson agreed to the amendment raising the age an individual can rent the property from 55 to 60. Councilman Mitchell was not willing to amend the second. Original motion carried 6-1; Councilwomen Johnson and Lyman, Mayor Pro Tem Phifer, Councilmen Mitchell, Metts and Milano voting for and Councilman Welch voting against. 8. PZ 98-23 PUBLIC HEARING TO CONSIDER ESTABLISHING REGULATIONS REGARDING COMMERCIAL AMUSEMENT, INDOORS- ORDINANCE NO. 2346 APPROVED Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in favor to come forward. There being on 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. City Council Minutes November 9, 1998 Page 5 Mr. Christopher Baker, Planner, summarized the proposed ordinance and recommendations of the Staff and Planning and Zoning Commission. Mayor Scoma questioned whether there were presently any stipulations on permitting in regards to the types of activities listed in the proposed ordinance. He suggested that the Council consider directing Staff to develop standards for the issuance of permits regulating indoor commercial. This could be brought to the Council for consideration as a separate ordinance dealing with the permitting process. After discussion, Councilwoman Lyman moved, seconded by Mayor Pro Tem Phifer, to approve PZ 98-23 and Ordinance No. 2346. Councilman Milano requested the motion be amended to make it allowable by special use permit in Industrial Districts as well as C2 Commercial District and U-Institutional District. After discussion, Councilman Milano withdrew his request for an amendment. Motion carried 7-0. 9. PZ 98-49 PUBLIC HEARING TO CONSIDER THE REQUEST OF ROBERT & GINGER WARD FOR A ZONING CHANGE FROM AG-AGRICUL TURAL TO R1-RESIDENTIAL ON LOT 1, BLOCK 1, BA THMAN ADDITION (LOCATED AT 7813 SMITHFIELD ROAD)- ORDINANCE NO. 2347 APPROVED Mayor Scoma opened the Public Hearing and called for anyone wishing to speak in favor to come forward. Mr. Robert Ward, applicant, appeared before the Council, and spoke in favor of his request for a zoning change. 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. Mr. Steve Norwood, Interim Planning Director, summarized the recommendation of the Planning and Zoning Commission. City Council Minutes November 9, 1998 Page 6 Mayor Pro Tem Phifer moved, seconded by Councilman Milano, to approve PZ 98-49, Ordinance No. 2347. Motion carried 7-0. 10. PS 98-37 REQUEST OF RAY WILL FOR A REPLA T TO BE KNOWN AS LOT 1 R, BLOCK 1, YOUNG ADDITION (LOCATED AT THE SOUTHEAST CORNER OF CUMMINGS DRIVE AND LOLA DRIVE) APPROVED Mr. Steve Norwood summarized the recommendations of the Planning and Zoning Commission. Councilwoman Lyman moved, seconded by Mayor Pro Tem Phifer, to approve PS 98- 37. Motion carried 6-1; Mayor Pro Tem Phifer, Councilwomen Johnson and Lyman, Councilmen Metts, Mitchell and Milano voting for and Councilman Welch voting against. 11. PS 98-39 REQUEST OF COLONIAL EQUITIES, INC., FOR A FINAL PLAT OF LOT 1, BLOCK 1, IRON HORSE ADDITION (LOCATED IN THE 6400 BLOCK OF BROWNING DRIVE) APPROVED Mr. Christopher Baker, Planner, presented the recommendations of the Planning and Zoning Commission. Mayor Pro Tem Phifer moved, seconded by Councilwoman Johnson, to approve PS 98- 39. Motion carried 7-0. 12. PS 98-44 REQUEST OF SCOTT KUNKLE FOR A FINAL PLAT OF LOTS 1 & 2, BLOCK 1, KUNKLE ADDITION (LOCATED IN THE 7700 BLOCK OF MID-CITIES BOULEVARD) APPROVED MA YOR PRO TEM PHIFER ABSTAINED FROM DISCUSSION AND VOTING DUE TO CONFLICT OF INTEREST. City Council Minutes November 9, 1998 Page 7 Mr. Steve Norwood, Interim Planning Director, summarized the recommendations of the Planning and Zoning Commission. Councilwoman Johnson moved, seconded by Councilwoman Lyman, to pass PS 98-44. Motion carried 6-0; Councilwomen Lyman and Johnson, Councilmen Welch, Mitchell, Metts and Milano voting for and Mayor Pro Tem Phifer abstaining. 13. PS 98-45 REQUEST OF LARRY TADLOCK FOR A FINAL PLAT OF LOTS 1 & 2, BLOCK 1, TADLOCK ADDITION (LOCATED IN THE 7700 BLOCK OF MID-CITIES BOULEVARD) APPROVED MA YOR PRO TEM PHIFER ABSTAINED FROM VOTE AND DISCUSSION DUE TO CONFLICT OF INTEREST. Mr. Steve Norwood, Interim Planning Director, presented the recommendations of the Planning and Zoning Commission. Mr. Norwood advised that the Planning and Zoning Commission as part of their approval required a screening wall to be constructed between the AG and Residential zoning districts. Staff advised they felt this was a zoning issue rather than a platting issue and that the Legal Department has also issued a legal opinion that requiring a screening wall was beyond the powers of the Commission and Council. The Planning and Zoning Department is requesting Council to approve the Ordinance without the stipulation of a screening wall. There was discussion that a screening wall was a requirement for commercial property abutting residential property and that a screening wall between the residential and commercial property would be addressed during the permitting process. The Council discussed the drainage run-off issue with Mr. Doug Long, one of the downstream property owners. Councilwoman Lyman moved, seconded by Councilman Welch, to approve PS 98-45. Motion carried 6-0; Councilwomen Johnson and Lyman and Councilmen Welch, Mitchell, Metts and Milano voting for; Mayor Pro Tem Phifer abstaining. City Council Minutes November 9, 1998 Page 8 14. PS 98-49 REQUEST OF DOUG GILLIAND TO VACATE LOT 6R, BLOCK 1, NOB HILL NORTH ADDITION FILED IN CABINET B, SLIDE 310, PLAT RECORDS, TARRANT COUNTY, TEXAS (LOCATED AT 6999 PRECINCT LINE ROAD; HUNTINGTON SQUARE OFFICE PARK) - ORDINANCE NO. 2348 APPROVED Mr. Steve Norwood, Interim Planning Director, presented the recommendations of the Planning and Zoning Commission. Mr. Norwood advised that Mr. Gilliland is asking to vacate the plat filed in 1990 and revert back to the plat approved in 1986. Mayor Pro Tem Phifer moved, seconded by Councilwoman Lyman, to approve Ordinance No. 2348. Motion carried 7-0. 15. CITIZENS PRESENTATION Ms. Elaine Bonavita, 5013 Maryanna, expressed concerns to the Council regarding a rodent problem in her neighborhood. Ms. Bonavita felt the community needed to be alerted and educated. Ms. Bonavita requested that the City address the rodent problem. Mayor Scoma advised Ms. Bonavita that he would ask the City Manager to address the problem. INFORMATION AND REPORTS Mayor Scoma advised of the lighting of the City Christmas Tree on November 30 at 7:00 p.m. 1. IR 98-222 - IAAPA TOUR OF NRH20 Report was presented earlier in the meeting. City Council Minutes November 9, 1998 Page 9 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:22 p.m. ATTEST: {!?¿:¿tmùci~ Patricia Hutson - City Secretary ~ú-