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HomeMy WebLinkAboutCC 1999-03-15 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 - MARCH 15, 1999 - 6:00 P.M. Charles Scoma Don Phifer Lyle E. Welch Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Larry Cunningham Randy Shiflet Steve Norwood Patricia Hutson Alicia Richardson Rex McEntire Marty Wieder Greg Dickens Terry Kinzie Larry Koonce Donna Huerta Ed Dryden Mike Curtis Marcy Ratcliff Larry Koonce Jim Browne Thomas Powell Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilwoman City Manager Deputy City Manager Managing Director Development Servs. City Secretary Assistant City Secretary Attorney Economic Development Director Public Works Director Information Services Director Finance Director Director of Communications Building Official Asst. Public Works Director Planning/Inspection Director Finance Director Park and Recreation Director Director of Support Services Russell Mitchell Councilman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p.m. Mr. Cunningham introduced to the Council the new Director of Planning, Ms. Marcy Ratcliff. DISCUSS ITEMS Agenda Item No. 18 - SRC 99-02 - Councilman NAN FROM SPECIAL Metts questioned why the applicant would withdraw MARCH 15, 1999 his request. Staff explained that if the City Council AGENDA adopts the proposed Sign Ordinance tonight, the variance will not be necessary and the applicant will withdraw his request for a variance. ITEM DISCUSSION ASSIGNMENT IR 99-34 PRE- Councilwoman Johnson and Councilman Metts NAN COUNCIL explained their reasons for requesting that this item BROADCAST be placed on the Pre-Council Agenda. Councilwoman Johnson would like for the citizens to have the opportunity to view the discussion that takes place in Pre-Council. Councilman Metts felt the televising of Pre-Council would eliminate concerns of deliberation taking place in Pre-Council prior to the regular meeting. The Council discussed the four options that were presented on the IR. The Mayor felt that if the philosophy was to expose to the community the discussions that take place in Pre- Council, it could apply also to any pre-committee meetings (Parks Board, Beautification Board, Library Board, etc.). The Mayor advised that because this was not a budgeted item, it would need to be placed on a future agenda for action if the Council wanted to pursue it. If any Council member would like the broadcasting of Pre-Council meetings placed on an agenda, to get with the City Manager for placement on an agenda. SRC 99-02 SIGN This item was discussed earlier in the Agenda with NAN VARIANCE TO THE Pre-Council Agenda Item No. 1 (Discussion of Items MAXIMUM SIGN from March 15, 1999 Agenda). AREA FOR DIRECTIONAL SIGNS AT 6624 AND 7201 INDUSTRIAL PARK BOULEVARD ADJOURNMENT Mayor Scoma announced at 6:20 p.m. that the City TO EXECUTIVE Council would adjourn to Executive Session for SESSION Consultation with the Attorney as authorized by Government Code Section 551.071. - City Council Minutes March 15, 1999 Page 2 chaQÝMa~ ATTEST: rJtJlJUMà~ Patricia Hutson - City Secretary MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MARCH 15, 1999 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order March 15, 1999 at 7:00 p.m. ROLL CALL Present: Charles Scoma Don Phifer Lyle E. Welch Frank Metts, Jr. JoAnn Johnson Matt Milano Cheryl Cowen Lyman Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilwoman Absent: Russell Mitchell Councilman Staff: Larry Cunningham Randy Shiflet Steve Norwood Patricia Hutson Greg Dickens Rex McEntire City Manager Deputy City Manager Assistant City Manager City Secretary City Engineer Attorney 2. INVOCA TION Invocation given by Mayor Scoma 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS None Special City Council Minutes March 15, 1999 Page 2 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEM(S) APPROVED A.) MINUTES OF THE PRE-COUNCIL MEETING FEBRUARY 22,1999 B.) MINUTES OF THE CITY COUNCIL MEETING FEBRUARY 22, 1999 C.) MINUTES OF THE CITY COUNCIL WORK SESSION FEBRUARY 25, 1999 D.) APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES CONTRACT - RESOLUTION NO. 99-18 E.) REPEAL ORDINANCE NO. 1759 AND REMOVE THE NO PARKING ZONE ON BURSEY ROAD - ORDINANCE NO. 2371 F.) APPOINTING ALTERNATE PRESIDING JUDGE FOR MAY 1,1999 JOINT CITY COUNCILlBISD ELECTION - RESOLUTION NO. 99-17 G.) VACATE DEDICATION OF EASEMENT - ORDINANCE NO. 2372 H.) AWARD BID FOR ROOF MAINTENANCE & REPAIR TO PARAGON ROOFING IN THE AMOUNT OF $59,992 I.) AWARD ANNUAL CONTRACT TO PRINT TIME OF YOUR LIFE BROCHURE TO DALLAS OFFSET, INC - RESOLUTION NO. 99-21 J.) AUTHORIZE PURCHASE OF DEFIBRILLATOR/MONITORS FROM PHYSIO CONTROL IN THE AMOUNT OF $31,861 K.)AWARD BID FOR HVAC REPLACEMENT TO AIRWISE HEATING & AIR IN THE AMOUNT OF $15,950 L.) MAJOR COMPUTER SYSTEMS HARDWARE MAINTENANCE - RESOLUTION NO. 99-19 Councilwoman Johnson moved, seconded by Mayor Pro Tem Phifer, to approve the consent agenda. Motion carried 6-0. Special City Council Minutes March 15, 1999 Page 3 7. PS 99-02 CONSIDER REQUEST OF TRADEMARK RETAIL, INC., FOR A FINAL PLAT OF LOT 1, BLOCK 1, NORTHEAST CROSSING ADDITION. (LOCATED AT 6091 PRECINCT LINE ROAD) APPROVED Ms. Marcy Ratcliff, Director of Planning, gave staff summarization. Mr. Tony Chron, applicant, was present to address questions from Council. Motion to carried 6-0. 8. GN 99-18 PUBLIC HEARING TO CONSIDER PROPOSED SIGN REGULATIONS AND CONSIDER APPROVAL OF SIGN REGULA TIONS- ORDINANCE NO. 2374 APPROVED Deputy City Manager Shiflet, gave a presentation of the Sign Ordinance and regulations. Mayor Scoma opened the public hearing and called for anyone wishing to speak to come forward. The following citizens spoke on the proposed sign ordinance: Joe Crow, 6559 Grapevine Highway, North Richland Hills, Texas Terry Willey, 7624 South Grapevine Highway, North Richland Hills, Texas *Robert O'Reilly, 9001 Trails Edge Drive, North Richland Hills, Texas Bob Kohsmann, 4526 Shadow Wood Drive, North Richland Hills, Texas Tony Chron, Trademark Retail, Inc., 301 Commerce St., Ste 3060, Fort Worth, Texas *Peggy Weatherred, 3575 Paramount Street, North Richland Hills, Texas * Joe Tolbert, 4720 Greenway Court, North Richland Hills, Texas *Dale Whisenant, 6437 Devonshire, North Richland Hills, Texas * Land Use Ad-Hoc Committee Members Councilman Metts asked for the definition of public property. Special City Council Minutes March 15, 1999 Page 4 Mayor Scoma said the State passed a provision about right-of-way on state highways. Our ordinance read City property previously, and did not say right-of- way. The current proposal before Council reads right of way rather than City property. There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilman Welch moved, seconded by Councilwoman Johnson to pass GN 99- 18, Ordinance No. 2374. After discussion, Councilman Welch withdrew his motion, and Councilwoman Johnson withdrew her second. Councilman Welch moved to pass Ordinance. No. 2374, with the exclusions of: Page 24, section 6H, 61, and to remove the fine of $200.00 from 6J and Page 32, Section IV. Motion died for lack of second. Councilman Milano moved to approve Ordinance No. 2374, with the approval to begin the process of review by Planning and Zoning to reincorporate this ordinance into the Planning and Zoning Ordinances as discussed several months ago by Council. The motion was seconded by Councilwoman Johnson. Councilman Metts asked for an amendment to the motion to remove section 61, on page 24. Councilman Milano rejected the amendment to the motion. Mayor Pro Tem Phifer clarified with City Attorney if Ordinance No. 2374 is passed it would not impede the implementation by any form or fashion. Motion carried 6-0. 9. GN 99-19 PUBLIC HEARING TO CONSIDER PROPOSED LANDSCAPING REGULATIONS AND CONSIDER APPROVAL OF LANDSCAPING REGULATIONS - ORDINANCE NO. 2375 APPROVED Special City Council Minutes March 15, 1999 Page 5 Mr. Norwood, Assistant City Manager, summarized staff recommendations of the proposed Landscaping Ordinance. Mayor Scoma opened the public hearing and called for anyone wishing to speak to come forward. The following citizens spoke on the proposed Sign Ordinance: *Leslie Jauregui, 7812 Ember Oaks Drive, North Richland Hills, Texas *Bob Curry, 6713 LaRue, North Richland Hills, Texas (LUAH) Bob Kohsmann, 4526 Shadow Wood Drive, North Richland Hills, Texas *Peggy Weatherred, 3575 Paramount Street, North Richland Hills, Texas Tony Chron, Trademark Retail, Inc., 301 Commerce St., Ste 3060, Fort Worth, Texas Terry Willey, 7624 South Grapevine Highway, North Richland Hills, Texas *Sandra Durbin, 5709 Acapulco, North Richland Hills, Texas *Dale Whisenant, 6437 Devonshire, North Richland Hills, Texas *Land Use Ad-Hoc Committee Members There being no one else wishing to speak Mayor Scoma closed the public hearing. Councilwoman Johnson moved that we pass Ordinance No. 2375 with the addition of including description of major retail malls. Councilwoman Lyman asked Councilwoman Johnson if she would include to begin the process of review by Planning and Zoning to reincorporate this ordinance into the Planning and Zoning Ordinances. Councilwoman Johnson accepted the amendment, and Councilwoman Lyman seconded the motion. Councilwoman Johnson restated the motion, to approve Ordinance No. 2375 with the provision to add the wording that establishes the identification of the major retail mall development as written in the sign ordinance, as a provision of consideration for current landscaping; (Sign Ordinance No. 2374, page 17, 4C1 General Criteria - A Major Retail Mall is a commerical development that consist of a multi-occupancy building consisting primarily retail establishments located in one building or one operating entity having a combined floor area of at least five hundred thousand (500,000) square feet in floor area. The development may be located on one or more contiguous and adjacent lots, parcels or tracts.), and to instruct Staff to commence preparation for Council to consider the returning of the landscape ordinance as with the sign ordinance to the Planning and Zoning Commission. The motion was seconded by Councilwoman Lyman. Special City Council Minutes March 15, 1999 Page 6 Motion carried 6-0. Mayor Scoma recessed the meeting at 9:10pm Mayor Scoma called the meeting back to order at 9:22pm with the same members present as recorded. 10. GN 99-20 TRANSFER CABLE TELEVISION FRANCHISE AGREEMENT TO CHARTER COMMUNICATIONS - ORDINANCE NO. 2373 APPROVED Ms. Donna Huerta, Communications Director, presented GN 99-20. Mr. Jim Bradshaw, Charter Communications, was present to answer questions from Council. Mr. David Whitson, Cable Television Board Chairman was present to answer questions from Council. Councilwoman Johnson moved, seconded by Mayor Pro Tem Phifer, to approve GN 99-20. Motion to carried 6-0. 11. GN 99-21 AMENDMENT TO COUNCIL RULES OF PROCEDURES - ORDINANCE NO. 2370 APPROVED Attorney McEntire read the proposed amendment to the Council Rules of Procedure. Councilwoman Johnson moved, seconded by Councilwoman Lyman, to approve GN 99-21, Ordinance No. 2370. Councilman Metts questioned if this would conflict with the Roberts Rules of Order. The Attorney advised that they were basically amending sections of Roberts Rules of Order. Special City Council Minutes March 15, 1999 Page 7 At the request of Mayor Scoma, Councilwoman Johnson explained her rationale for the amendment. Mayor Scoma discussed that it was his intent, since being elected Mayor, to move discussion/deliberation that is related to items being considered for a vote to the regular Council meeting and to have those discussions in public. He advised that he will respect the wishes of the Council and the action on these procedures, as well as other actions taken by the Council. He felt that approval of the proposed amendment would be a step backwards rather than a step forward in communicating to the community and keeping the community abreast of the rationale behind issues. There was discussion regarding members of the Council being able to communicate with each other in Pre-Council. It was suggested by some of the Council that any Council Member could request that an item be placed on the next agenda to consider the broadcast of pre-council meetings. The televising of the Pre-Council meetings would keep the citizens informed, and eliminate the public opinion of the Council rubber stamping issues. Mayor Scoma recognized Mr. Robert O'Reilly. Mr. Robert O'Reilly, 9001 Trails Edge, spoke in opposition to the proposed amendment. Councilwoman Lyman advised that she would like to request that an item be placed on the next agenda to consider the televising of Pre-Council meetings. Councilman Milano stated that the Pre-Council was an open public meeting and he had no problem with it being televised. Councilman Milano requested a point of clarification. On prior matters before the Council when citizens have been present to speak about issues, they have been repeatedly told they could not speak unless it is a public hearing. He questioned why this issue which was not a public hearing warrants comments and allows comments. Citizen's comments have always been allowed at the end of the meeting and he advised that it seemed to be a change in procedure. Mayor Scoma advised that it was not a change in the procedure. The procedures are that anyone that makes a request to speak on a particular item can do so. The issue is that if somebody decides that they want to come up and speak on an issue and they have not turned in a request to speak on the item, then it is not permitted. According to procedure they can fill out a request and speak to a particular item if they care to. The difference is that public hearing comments are pro and con and there is not a time limit exercised on those. The request to speak is the same as the public request. Special City Council Minutes March 15, 1999 Page 8 Councilman Milano stated that when the Council has a request to speak during Citizens Presentation one of the ground rules is there will be no attacks against Council, and that Council does not respond to issues. He felt that if there were going to be thinly veiled attacks and political statements being brought up by citizens, the Council needed to have the same rules that are used during the citizens comments throughout the Council meeting and that there not be attacks thinly veiled or otherwise. Motion carried 5-1; Mayor Pro Tem Phifer, Councilwomen Johnson and Lyman and Councilmen Metts and Milano voting for and Councilman Welch voting against. 12. GN 99-22 CONSIDER PROPOSED TELECOMMUNICATIONS ORDINANCE AND APPLICATION FORM - ORDINANCE NO. 2376 APPROVED Deputy City Manager Shiflet presented the proposed ordinance and the recommendations of staff. Mayor Pro Tem Phifer moved, seconded by Councilwoman Johnson, to approve GN 99-22, Ordinance No. 2376. Motion carried 6-0. 13. PU 99-14 AGREEMENT WITH OTM ENGINEERING FOR PBX PROFESSIONAL ASSISTANCE - RESOLUTION NO 99-20 APPROVED Mr. Kinzie, Information Services Director, presented PU 99-14 and advised that representatives from OTM Engineering were present to answer questions from the Council. Councilwoman Lyman moved, seconded by Mayor Pro Tem Phifer, to approve PU 99-14, Resolution No. 99-20 authorizing the City Manager to enter into an agreement with OTM Engineering for professional assistance in an amount not to exceed $3,000 for Phase I; further, if OTM recommends to replace the PBX and the City Council concurs, OTM will be retained to complete the project for an additional fee of $35,600 for a total price of $38,600 as per the proposal submitted by OTM, dated January 27, 1999. Special City Council Minutes March 15, 1999 Page 9 Motion carried 6-0. 14. PU 99-15 CONSTRUCTION OF 1999 NRH20 ENHANCEMENTS APPROVED Mr. Browne, Parks Director, presented PU 99-15. Councilman Welch and Councilwoman Lyman requested to be furnished a copy of the 13 contractors who were contacted about bidding the project. Councilman Welch moved, seconded by Councilman Metts, to approve PU 99- 15 rejecting the bid submitted by Randall & Blake, Inc. for the construction of the 1999 NRH20 enhancements in the amount of $107,610.50 and direct staff to initiate a change order with Dean Construction to complete the enhancements. Motion carried 6-0. 15. PW 99-05 APPROVE SUPPLEMENTAL AGREEMENT WITH THE STATE OF TEXAS FOR THE RECONSTRUCTION OF RUFE SNOW DRIVE FROM I.H. 820 TO MID-CITIES BOULEVARD (CMAQ) KEY INTERSECT/ONS ONL Y - RESOLUTION NO. 99-16 APPROVED Mr. Richard Albin, Knowlton-English-Flowers, Inc., addressed Agenda Item No. 15 and 16 and answered Council questions. Mayor Pro Tem Phifer moved, seconded by Councilman Metts, to approve Resolution No. 99-16. Motion carried 6-0. Special City Council Minutes March 15, 1999 Page 10 16. PW 99-06 APPROVE SUPPLEMENTAL AGREEMENT WITH THE STATE OF TEXAS FOR THE RECONSTRUCTION OF RUFE SNOW DRIVE FROM I.H. 820 TO MID-CITIES BOULEVARD (STP-MM) ROADWA Y ONL Y - RESOLUTION NO. 99-15 APPROVED Councilwoman Lyman moved, seconded by Councilman Milano, to approve Resolution No. 99-15. Motion carried 6-0. 17. PW 99-08 APPROVE INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE MAINTENANCE OF NORTH TARRANT PARKWAY- RESOLUTION NO. 99-13 APPROVED Mr. Curtis, Assistant Public Works Director, presented the proposed interlocal agreement with Tarrant County. Councilman Milano moved, seconded by Mayor Pro Tem Phifer, to approve Resolution No. 99-13. Motion carried 6-0. 18. SRC 99-02 SIGN VARIANCE TO THE MAXIMUM SIGN AREA FOR DIRECTIONAL SIGNS AT 6625 AND 7201 INDUSTRIAL PARK BOULEVARD WITHDRAWN BY APPLICANT Mayor Scoma advised that the applicant had requested that this be withdrawn if the Sign Ordinance was approved by the Council. No action needed by the Council. 19. (A) CITIZENS PRESENTATION Mr. Marlin Miller, 5109 Susan Lee Lane, asked Council to consider passing an ordinance addressing the misuse of laser pointers. Special City Council Minutes March 15, 1999 Page 11 (B) INFORMATION AND REPORTS 1. GET FREE BEANIE BABY BY SPAYING/NEUTERING PET Mayor Scoma advised that residents of North Richland Hills could receive a free Beanie Baby at the Animal Services Center by having pets spayed or neutered by March 31, 1999. 2. NRH20 SEASON PASSES Mr. Browne, Director of Parks, advised that NRH20 season passes go on sale March 22, 1999. Mayor Scoma announced that the North Richland Hills Fire Department will be hosting a blood drive on March 22, 1999 at the Fire Administration Building. 20. ADJOURNMENT Mayor Scoma adjourned the meeting at 10:40 p.m. bÛ~~ Char es Scoma - Mayor ATTEST: (!!iátuMci~ Patricia Hutson - City Secretary