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HomeMy WebLinkAboutCC 1999-02-08 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 - FEBRUARY 8, 1999 - 5:30 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 Mike McEntire Marty Wieder Greg Dickens Larry Koonce Donna Huerta Steve Norwood Steve Brown Terry Kinzie Mayor Mayor Pro T em 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 Managing Director Development Servo Library Director Information Services Director ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:30 p.m. DISCUSS ITEMS AGENDA ITEM NO.7, PZ 98-55 - Councilman NAN FROM REGULAR Metts questioned the right-in, right-out curb cuts FEBRUARY 8, 1999 approved by Council in January 1997. Mayor AGENDA Scoma advised that the question would be addressed during the public hearing. The City Manager advised that the city records were vague as to how many curb cuts were approved. The records show that Council approved a curb cut on Grapevine Highway, but the cut on Harwood was not addressed. The applicant has interrupted Council's action as two curb cuts. This item was discussed further during the regular Council meeting. Pre-Council Minutes February 8, 1999 Page 2 ITEM DISCUSSION ASSIGNMENT IR 99-015 Mr. Norwood explained the Council's role as the NAN FAMILIARIZATION Sign Review Committee and outlined the procedures WITH SIGN to be followed. He advised that the Council would REVIEW be acting as the Sign Review Committee during the COMMITTEE regular Council meeting and they would be hearing PROCEDURE their first request for a variance. Four affirmative votes are necessary for approval of a variance. He advised that it would not be necessary to adjourn the regular Council meeting, but that separate minutes would be kept for the Sign Review Committee. IR 99-018 DISCUSS The City Manager advised that there would not be a PATRICIA H. MEETING DATES quorum of the Council present for the March 8 FOR MARCH meeting because several of the Council would be COUNCIL attending the NLC Conference. He advised that MEETINGS Staff was recommending that the March 8 City Council Meeting be moved to March 15 and the March 22 City Council Meeting be moved to March 29 in order to give some time between the two meetings. The consensus of the Council was to place an action item on the next Council meeting changing the dates for the March Council meetings as recommended by Staff. IR 99-017 Councilwoman Lyman requested clarification on the MA YORlCITY CLARIFICATION removal process for a Board Member who is not COUNCIUPA TRICIA OF BOARD/ meeting the attendance requirements and the COMMISSION monitoring of the attendance. Ms. Lyman was ATTENDANCE advised that each Council Member would receive POLICY attendance reports for their Board Members in September, December and May each year. Each individual Council member will monitor their Board Member's attendance. If a Board Member moves from one board to another during the year, the attendance is to be based on the total time served on the current board for a one-year period. The fifty percent attendance percentage is based on attendance from July to May. IR 99-019 The City Manager explained the suggested two LARRY C.I PROPOSED phases for the Council to consider and review the STEVE/RON PHASING OF SIGN recommendations for landscaping and signage. & LANDSCAPING Phase I will focus on the sign and landscaping REGULA TIONS recommendations that will impact undeveloped land. Staff will present to the Council within 30 days, the Pre-Council Minutes February 8, 1999 Page 3 ITEM DISCUSSION ASSIGNMENT information for the first phase for discussion and PROPOSED consideration. Phase II will focus on sign and PHASING OF SIGN landscaping issues related to redevelopment and & LANDSCAPING previously developed areas. The issues for the REGULATIONS second phase will be presented to the Council for ( Continued) review during the second and third quarters of 1999. The City Manager highlighted the recommendations that will be reviewed during each of the phases. Councilwoman Lyman questioned whether the businesses in the City would have input on the recommendations from the Land Use Ad Hoc Committee. Mayor Scoma advised that the Economic Development Advisory Board would be meeting later in the week and that it could be brought up for discussion at their meeting. Mayor Scoma advised that after Council has had a workshop to review the recommendations and a proposed ordinance is drafted, a public hearing will be held to receive input from the community. The public hearing will enable the businesses to comment on the proposed regulations. IR 99-016 REVIEW The Council discussed whether the review of the NAN PROCESS AND proposed tree ordinance recommendations should TIMET ABLE FOR begin at this time. The consensus of the Council PROPOSED TREE was to wait until the work on the sign and ORDINANCE landscaping ordinances was completed. OTHER ITEMS IR 99-019 - Phasing of Landscaping & Sign RANDY/LARRY C. Regulations - Mayor Pro Tem Phifer questioned the staffing of the Land Use Ad Hoc Committee in light of the two vacant positions in Planning. The City Manager advised that they would like to notify the committee that the committee meetings would be put on hold until one of the two positions can be filled. The Chairman of the Land Use Ad Hoc Committee, Mr. Robert O'Reilly, was present and advised that the Committee would have no objections to temporarily suspending their meetings. The consensus of the Council was to hold the Land Use Ad Hoc Committee meetings until one of the two support staff positions to the Committee can be filled. Agenda Item No. 11 - GN 99-12 - Councilman NAN Mitchell advised that if the Council was comfortable Pre-Council Minutes February 8, 1999 Page 4 ITEM DISCUSSION ASSIGNMENT with the phasing of the sign and landscaping OTHER ITEMS regulations, he would remove this item from the (Continued) Agenda. After discussion, Mayor Scoma advised Councilman Mitchell that he would need to make a motion to remove it from the Agenda. OTHER None. INFORMATIONAL ITEMS ADJOURNMENT Mayor Scoma adjourned the meeting at 6:12 p.m. ATTEST: qál;uC/d~ Patricia Hutson - City Secretary ___,.___.,_________"___.'.__~___.,~_.~____'_._~J_.,_"._ 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 - FEBRUARY 8,1999 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order February 8, 1999 at 7:00 p.m. ROLL CALL Present: Charles Scoma Don Phifer Lyle E. Welch Russell Mitchell Frank Metts, Jr. Matt Milano Cheryl Cowen Lyman JoAnn Johnson Staff: Larry Cunningham Randy Shiflet Ron Ragland Patricia Hutson Greg Dickens Michael McEntire Absent: Rex McEntire Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilwoman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary City Engineer Attorney Attorney 2. I NVOCA TION Invocation given by Councilman Mitchell 3. PLEDGE OF ALLEGIANCE 4. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes February 08, 1999 Page 2 5. APPROVAL OF CONSENT AGENDA ITEM(S) APPROVED A. MINUTES OF THE CITY COUNCIL WORK SESSION JANUARY 12,1999 B. MINUTES OF THE PRE-COUNCIL MEETING JANUARY 25, 1999 C. MINUTES OF THE CITY COUNCIL MEETING JANUARY 25, 1999 D. CALLING CITY COUNCIL ELECTION - RESOLUTION NO. 99-08 E. DESIGNATION OF DEPUTY COURT CLERKS - RESOLUTION NO. 99-09 F. AWARD CONTRACT TO SUPPLY MICROCOMPUTERS TO OMTEX SYSTEMS, INC. - RESOLUTION NO. 99-07 G. APPROVE FINAL PAY ESTIMATE NO.3 IN THE AMOUNT OF $72,911.27 TO ALL-TEX PAVING, INC. FOR CONN DRIVE AND CLOYCE COURT (23RD YEAR CDBG PROJECT) Councilman Metts moved, second by Councilman Mitchell to approve the consent agenda. Motion to approve carried 7-0. 6. SRC 99-01 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOSEF LUBCZYK FOR A VARIANCE FROM THE SIGN REGULATIONS ON LOT 3, BLOCK 2, COLLEGE CIRCLE ADDITION (LOCATED AT 5935 DAVIS BOULEVARD) DENIED Mr. Steve Norwood, Managing Director of Development Services, summarized SRC 99-01. Mayor Scoma opened the public hearing and called for anyone wishing to speak in favor to come forward. Mr. Ed Clayman, owner, spoke on behalf of the request. Mayor Scoma called for anyone wishing to speak in opposition to come forward. There being no else wishing to speak, the Mayor closed the public hearing. City Council Minutes February 08, 1999 Page 3 Councilwoman Johnson moved, seconded by Councilwoman Lyman to deny SRC 99-01. Motion to deny carried 7-0. 7. PZ 98-55 PUBLIC HEARING TO CONSIDER THE REQUEST OF MARSHALL MERRITT FOR A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STORE,CAR WASH, AND RESTAURANT ON LOT 5, BLOCK 1, WALKER BRANCH ADDITION (LOCATED ON THE NORHTWEST CORNER OF GRAPEVINE HIGHWAY AND HARWOOD ROAD) - ORDINANCE NO. 2361 APPROVED Mayor Pro Tem Phifer abstaining from discussion and vote. Mr. Steve Norwood presented PZ 98-55. Mr. Marshall Merritt, applicant, was present to answer questions from the Council. Mayor Scoma asked where the storage tanks would be located. Mayor Scoma was concerned about the run off of gasoline from pavement into Walker Creek. Mr. Merritt advised Council that the location of the storage tanks would be on the west side of the property. Mayor Scoma's concern with EPA restraints and approval, inquired how Mr. Merritt would control residual gasoline and oil. Mr. Merritt said that EPA passed a ruling on December 22, 1998. The ruling stated that gas station's in the country now had to have over-spill buckets, monitoring systems, fiberglass lined tanks and lines. Mayor Scoma asked if there was anyone wishing to speak in opposition or comment to come forward. There being no one wising to speak, Mayor Scoma closed the hearing. Councilwoman Lyman moved, seconded by Councilwoman Johnson to approve PZ 98-55 subject to conforming with landscaping and sign ordinances at the time of building permit application and with the right in only. Motion to approve carried 6-0, with Mayor Pro Tem Phifer abstaining. 8. GN 99-09 25TH (1998/99) YEAR COMMUNITY DEVELOPMENT BLOCK City Council Minutes February 08, 1999 Page 4 GRANT PROGRAM - PUBLIC HEARING APPROVED Mr. Steve Norwood presented a summarization of GN 99-09 to Council. Councilwoman Johnson moved, seconded Councilman Milano to approve GN 99-09. Councilwoman Johnson inquired if the senior citizen center on Glenview would qualify for the Community Development Block Grant Program and if Staff would look at including the senior citizen center next year. Mr. Cunningham advised Councilwoman Johnson that senior citizen centers are eligible activities. He made mentioned that in planning for street projects, they have two more years planned, but he would look into the senior center if they have any excess monies. Motion to approve carried 7-0. 9. GN 99-10 25TH (1998/99) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION NO. 99-06 APPROVED Mr. Steve Norwood addressed this item while summarizing GN 99-09. Councilman Metts moved, seconded by Councilwoman Lyman to approve GN 99-10. Motion to approve carried 7-0. 10. GN 99-11 CONSIDERATION OF VOLUNTARY TIME-OF-USE RATES PROPOSED BY TU ELECTRIC - ORDINANCE NO. 2365 APPROVED Mr. Ron Ragland gave a quick staff summary of GN 99-11. Ms. Linda Allen, TU Electric, explained the time-of-use rates to Council and answered questions from Council. City Council Minutes February 08, 1999 Page 5 Mayor Scoma inquired about the implementation of metering: (1) how will it be different and (2) how will it be done. Ms. Allen said that there would be a metering charge, as you can imagine these time-of-use rates require different meters, especially for residential customers. The charge for the additional metering is included in the tariff. The customer would pay for the cost of the additional metering up front. Councilwoman Johnson moved, seconded by Councilwoman Lyman to approve GN 99-11. Motion to approve carried 7-0. 11. GN 99-12 MORATORIUM ON SIGNS AND LANDSCAPING PERMITS - ORDINANCE NO. 2366 REMOVED Councilman Mitchell moved, seconded by Councilwoman Johnson to remove GN 99-12 from the agenda. Motion to remove carried 7-0. 12. GN 99-13 EXPRESSING COUNCILS DESIRES CONCERNING CONDUCT- RESOLUTION NO. 99-10 APPROVED Mayor Scoma called for one of the drafters of the resolution to open the hearing, by reading the resolution and explaining each of the four events referenced in the resolution. Mayor Pro Tem Phifer clarified Mayor Scoma in stating that he "brought forth this resolution not Councilwoman Lyman, and for the record this is not a hearing this is a resolution. It is not part of a hearing and it was not part of our request to have a hearing. As Mayor Pro Tem, I requested this item be placed on the agenda regarding issues that I have become increasingly concerned with and have also been expressed to me by other Council members. I believe this resolution speaks for itself. It was not my intent nor my desire to make a public spectacle of this matter as it was going to be originally addressed in executive session, but as Mayor you have chosen not to. As a result I have brought forth City Council Minutes February 08, 1999 Page 6 this resolution, so as to address these issues by a public vote of the Council. I have no desire to enter into a public debate with regards to these matters, since they are matters of the Mayor and Council and should be treated as such at this time. I don't wish to play this out in the public, but instead focus on more important issues that we have as a Council before us." Mayor Scoma stated that he thinks "this is a hearing based upon what legal counsel stated to me. First of all, why it is not held in Executive Session. In Executive Session it is illegal under state statute to discuss executive items in public. It is my concern that rumors have a tendency to flow, without being able to address those rumors based upon the facts, I felt that it was necessary and always will feel that it's necessary to have meetings in public when public issues are at stake. The appropriate method by which these issues, any issues of disagreement should be handled, in my opinion, is for the person that feels concerned to come to the individual and to express that as an individual. Neither of the individuals who have raised this resolution have done that, perhaps because of misunderstandings. The point is that the issues that are being raised in this resolution I think very specifically call for actions that are not defined and I think that it is important to define those. Frankly, as Mayor, these issues that are raised I don't understand. I understand the background. I don't understand the rational. Without hearing the rational and hearing the information, I think it would be very inappropriate at least on my behalf for Council to take action on something that I'm not aware of what they are really concerned about." Mayor Scoma covered items outlined in the resolution: interference by the Mayor in telling the City Manager, City Secretary or any other member of the staff of the City not to send out communications to which the Council is entitled. Mayor Scoma made the following comments: - "I believe that you are referring to a meeting that I called for a workshop dealing with sign and landscape ordinance. While I was in Washington on City business, the City Manager and I discussed the format for the meeting. I had an opinion and he had an opinion. I think we just did not communicate very well, and that was my fault and I accept that. I did not understand some of the information that had been requested from Council, so therefore I directed the City Manager in a direction that was contrary to that of the Council. I have since that time apologized to the Council for having done that, because I was not aware of their input. The other action dealing with instructing the City Secretary not to send out communications has to do with a letter that Mr. Phifer and Ms. Lyman had drafted to send out to some five hundred parents." Mayor Pro Tem Phifer interjected stating that Mayor Scoma made a false statement. City Council Minutes February 08, 1999 Page 7 Mayor Pro Tem Phifer made a motion, seconded by Councilwoman Johnson to approve GN 99-10. Mayor Scoma stated that the Chair has not recognized Mayor Pro Tem Phifer and has not called for the question. Councilwoman Johnson interjected and moved to call for the vote. Mayor Scoma stated that Councilwoman Johnson had not been recognized. Point of order called by Councilwoman Johnson and Councilwoman Lyman. Mayor Scoma recognized Point of Order. Councilwoman Johnson called for a ruling from the City Attorney, to see if she can call for a point of order and the vote taken without any further discussion. Mike McEntire, City Attorney, stated if an item is on the floor, a motion has been made and seconded they could vote. Mayor Scoma challenged, but recognized the parliamentary recommendations. Councilman Mitchell asked for a provision to motion to change Mayor or Council where listed in resolution to read Mayor and/or City Council. Councilwoman Johnson did not approve of the provision stated by Councilman Mitchell. Motion to approve carried 5-2, with Mayor Pro Tem Phifer, Councilman Metts, and Milano, and Councilwomen Johnson and Lyman voting for, and Councilmen Mitchell and Welch voting against. (A) CITIZENS PRESENTATION Bob Kohsmann, 4526 Shadywood, Colleyville, Texas, voiced his concern about the selection process of Land Use Ad-Hoc committee members. Charles Cole, 6125 Riviera Drive, mentioned his support for a tree ordinance. Vivian Moyers, 7933 Kendra Lane, voiced her displeasure with Rufe Snow from 820 to 1709. City Council Minutes February 08, 1999 Page 8 (B) INFORMATION AND REPORTS Advised of May 1st election. Report of Daddy/Daughter dance. 14. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:23 p.m. ATTEST: (!?áé/2/Ôfâ ;ék~I~ Patricia Hutson - City Secretary