The URL can be used to link to this page

Home My WebLink AboutCC 1999-10-25 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 - OCTOBER 25,1999 - 3:30 P.M. Charles Scoma JoAnn Johnson Lyle E. Welch Russell Mitchell Frank Metts, Jr. Don Phifer Matt Milano, Ph.D. T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Marty Wieder Greg Dickens Larry Koonce Donna Huerta Marcy Ratcliff Paulette Hartman Ed Dryden Mayor Mayor Pro T em Councilman Councilman Councilman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary Economic Development Director Public Works Director Finance Director Director of Communications Director of Planning Assistant to City Manager Building Official ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 3:36 p.m. IR 99-232 REVIEW Mr. Norwood advised the Council that the purpose of MARCY/STEVE N. & DISCUSS this meeting was to discuss proposed general POSSIBLE concepts and ideas related to Phase 2 of the sign AMENDMENTS TO regulations and to receive feed back from the THE SIGN Council. A proposed ordinance will then be drafted ORDINANCE, NO. for the Council to review at the November 8 Council 2374 RELATIVE TO meeting. Ms. Brenda McDonald, McDonald & PORTABLE SIGNS, Associates, reviewed possible amendments to the VEHICLE SIGNS Sign Ordinance based on the issues that the Land AND NON- Use Ad Hoc Committee felt should be addressed in CONFORMING Phase II of the review of the Sign Regulations. Ms. SIGNS ·McDonald reviewed existing regulations for portable signs and some proposed regulations. The Council City Council Minutes October 25, 1999 Page 2 ITEM DISCUSSION ASSIGNMENT questioned allowing portable signs in residential districts for community events. The Council discussed that community events was too broad and it was suggested that non-profit be used instead of community events. There was concern expressed that businesses could only use a portable sign to advertise for grand opening events and that grand openings would be a one-time event. The Council discussed requiring a $100 deposit before the permit is issued. The deposit would be returned if the sign was removed within the allotted time. The consensus of the Council was that there needed to be a description of community events, definitions were needed for residential districts, temporary signs, and portable signs, that non-profit and not for profit organizations should be determined as defined in the Tax Code, and that portable signs that are allowed for community events in residential districts should be restricted to collector streets. Attorney McEntire present at 4:08 p.m. The Council felt that in addition to a grand opening portable sign that a business should be allowed one portable sign each year for 10 days. If the portable sign is left up longer than ten days, their deposit would be forfeited and they would also lose the privilege of being allowed a portable sign. The Council was agreeable to the proposed regulation that portable signs must be removed at the expiration of the permit but wanted to include a deposit requirement. The Council agreed that portable signs can be erected for 10 days for all events and must be picked up two days after each event. The Council agreed to the proposal that there would be no cost for a permit for community events but that a deposit would be required. The Council discussed existing regulations for vehicle signs and the concepts being proposed. The Council agreed to the proposed regulations for vehicles with a modification to proposal number 5: "Vehicles whose primary use is regular delivery of goods or services.... The word regular was added before delivery of goods or services. City Council Minutes October 25, 1999 Page 3 ITEM DISCUSSION ASSIGNMENT There was discussion on the existing regulations for pole signs and what was being proposed. There was extensive discussion by the Council on how they each thought older signs should be brought into compliance with the new regulations. Ms. McDonald advised the Council that she had understood that they wanted to revise the existing pole sign regulations, but after hearing input from the Council realized that the existing regulations were what Council wanted. The Council made the following comments regarding the existing pole sign regulations: 1) Pole signs would continue to be allowed in all nonresidential zoning districts and the Agricultural District. The implementation plan needs to be worked out. 2) Change single lot developments with a principal exceeds 10,000 square feet to 25,000 square feet. 3) Possibly the approach for enforcement of the new regulations on existing businesses could be at the time of change of occupancy or change in ownership versus amortization. This would also includes areas where signs were damaged, obsolete or illegal. Amortization may be needed in strip centers to bring the signs into compliance. Consensus was to bring back draft ordinance for review November 8 to reflect changes, suggestions in this meeting. RECESS Mayor Scoma recessed the meeting at 5:28 p.m. BACK TO ORDER Mayor Scoma called the meeting back to order at 5:47 p.m. with the same Council Members present as recorded and the following additional staff members present: Jim Browne, Parks & Recreation Director; Mike Curtis, Assistant Public Works Director; Bill Thornton, Assistant Parks Director; Marty Weider, Director of Economic Development; Greg Dickens, Public Works Director. DISCUSS ITEMS Agenda Item No.7 - PZ 99-24 - Councilman NAN FROM REGULAR Trevino questioned why the property could not be OCTOBER 25, 1999 rezoned to C-1 specific use rather than C-2. CITY COUNCIL Attorney McEntire advised that to change it to C-1 MEETING specific use, the Council would need to deny the C-2 City Council Minutes October 25, 1999 Page 4 ITEM DISCUSSION ASSIGNMENT request for zoning and a request for C-1 SU zoning would need to be heard by the Planning and Zoning Commission. The Council was advised that if they should decide to deny the request for C-2 zoning and request the applicant to resubmit his request for C-1 Specific Use, the building elevation plans required for SUP and the additional zoning fees could be waived by Council in their motion. Agenda Item No. 17 - GN 99-124 - Councilman NAN Metts questioned Watauga's role in the acquisition of right-of-way. Attorney McEntire advised that the proposed resolution allows North Richland Hills to assess Watauga property owners adjacent to Rufe Snow and to acquire all necessary right of way from Watauga property owners for the Rufe Snow project. Agenda Item No. 17 - GN 99-121 - Councilman NAN Trevino advised that the cover sheet has him listed as a member of the TIRZ Number 1. This is in error and Councilwoman Johnson should have been listed instead. The City Manager advised that State law allows for the appointment of up to ten but no more than 11 members to the Board of Directors. The Council was advised that because of a proposed new law that will require an odd number of members on a Board, the Council should consider only adding one additional member to the board. I R 99-235 REVI EW The Attorney discussed with the Council the dating LARRY C.lSTEVE N. DATING OF PLATS of plats as affected by Chapter 245 of the PER HOUSE BILL Government Code. Mr. McEntire explained that new 1704 legislation allows after May 11, 2000 for the Council to place an expiration date on inactive projects already platted. However, the expiration date may not be earlier than May 11, 2004. Mayor Scoma handed out to the Council a summary of information on vested rights that he obtained from the "Institute on Planning, Zoning and Eminent Domain" seminar he attended in Dallas. There was considerable discussion on the interpretation of the Vested Rights Act and whether the proposed Tree Ordinance as a stand-alone ordinance could be enforced against City Council Minutes October 25, 1999 Page 5 ITEM DISCUSSION ASSIGNMENT previously platted property. Staff was directed to further determine the effect Chapter 245 of the Government Code would have on the enforcement of new ordinances on previously approved plats and whether the exceptions and exemptions of the Chapter would only apply if the regulations were in the Zoning Ordinance. GN 99-121 Discussed earlier in meeting. NAN DISCUSS APPOINTMENT OF TIF BOARD MEMBERS I R 99-234 REVI EW Mr. Vick updated the Council on the meetings with NAN STATUS OF the other taxing entities regarding the financing and PROJECT & project plans for the proposed Tax Increment FINANCING PLAN Financing District NO.2. FOR PROPOSED TIF#2 ADJOURNMENT Mayor Scoma adjourned the Pre Council Meeting at 6:45 p.m. ATTEST: ~O(~~ atricia 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 - OCTOBER 25,1999 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order October 25, 1999 at 7:01 p.m. Present: Charles Scoma JoAnn Johnson Lyle E. Welch Russell Mitchell Frank Metts, Jr. Don Phifer Matt Milano T. Oscar Trevino, Jr. Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire ROLL CALL Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Students from St. John the Apostle Catholic School gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS BEAUTIFICATION AWARDS Ms. Patsy Tucker presented the following Yard of the Month awards: City Council Minutes October 25, 1999 Page 2 J. B. & Sherry Morgan, 6212 Camelot Ct.; Darryl & Barbara Cason, 6724 Corona; David & Debbie Dodson, 6612 Carston Ct.; Phillip & Anna Peters, 7700 Terry; Bill & Sara Woodrow, 8352 Emerald Cr.; Jerry & Mickie Casey, 6801 Richfield; Greg & Tena Clifton, 8912 Amundson Dr.; Robert & Cherie Seamster, 7034 Timberlane; and Les & Tracey Lewis, 8413 Shady Oaks Dr. Ms. Patsy Tucker also presented the Landscape of the Month Award to Davis Business Park, 5217 Davis Blvd. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE WORK SESSION MEETING AUGUST 16,1999 B. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 11,1999 C. MINUTES OF THE COUNCIL MEETING OCTOBER 11,1999 D. GN 99-111 - AMENDING AUTHORIZED INVESTMENT OFFICERS LIST FOR TEXPOOL - RESOLUTION NO. 99-79 E. GN 99-112 - AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO. 99-80 F. GN 99-113 -AUTHORIZE SIGNATURES FOR PLEDGEE SIGNATURE AUTHORIZATION FORM - RESOLUTION NO. 99-81 G. GN 99-115 - INDEMNITY - NORTH HILLS MALL LEASE REGARDING CRITTER CONNECTION - RESOLUTION NO. 99-75 H. GN 99-116 - CHANGE ORDER #3 TO DEAN CONSTRUCTION FOR 100 ACRE PARK SITE Mayor Pro Tem Johnson moved, seconded by Councilman Phifer to approve the consent agenda. Motion to approve carried 7-0. City Council Minutes October 25, 1999 Page 3 7. PZ 99-24 - PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY TUCKER FOR A ZONING CHANGE ON LOT 2, JOHNS ADDITION, FROM LR-LOCAL RETAIL TO C2-COMMERCIAL. (LOCATED AT 6400 DAVIS BLVD) - ORDINANCE NO. 2421 APPROVED Ms. Marcy Ratcliff, Director of Planning, summarized PZ 99-24. Mr. Tommy Tucker, applicant, was available to answer questions. Council discussed applicant's request. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Mr. Cunningham, City Manager, suggested that Council approve C2 tonight to allow Mr. Tucker to continue with construction, and Staff come back later and zone as C1 with a special-use permit. Mayor Pro Tem Johnson would like all fees associated with rezoning and special use permit waived. Councilman Mitchell amended his motion to approve PZ 99-24, Ordinance No. 2421 with the provision that the zoning be changed to C1 , with a special-use permit at a later date with no additional costs to the applicant. Councilman Phifer seconded the motion. Motion to approve carried 7-0. 8. GN 99-114 - LIBRARY FEES - ORDINANCE NO. 2418 APPROVED Mr. Steve Brown, Library Director, summarized GN 99-114. Councilman Phifer moved, seconded by Councilman Milano to approve GN 99-114, Ordinance No 2418. Motion to approve carried 7-0. City Council Minutes October 25, 1999 Page 4 9. GN 99-117 - PARK AND RECREATION BOARD RECOMMENDATIONS FOR PARK NAMES - RESOLUTION NO. 99-77 APPROVED Mr. Dwayne Leslie, Board Chairman, summarized GN 99-117. Mayor Pro Tem Johnson inquired how the board determined name, and suggested a contest for all citizens to participate in naming the park. She also mentioned that she would like to see a program developed for naming parks. Councilman Trevino moved, seconded by Councilman Metts to approve GN 99-117, Resolution No. 99-77. Motion to approve carried 6-1; with Councilmen Welch, Mitchell, Metts, Phifer, Milano, and Trevino voting for and Mayor Pro T em Johnson voting against. 10. GN 99-118 - RESOLUTION OF INTENT TO CONSIDER PROVIDING TAX ABATEMENT TO THE BLUE LINE ICE COMPLEX - RESOLUTION NO. 99-78 APPROVED Mr. Marty Wieder, Director of Economic Development, summarized GN 99-118. Councilman Metts moved, seconded by Mayor Pro Tem Johnson to approve GN 99-118, Resolution No. 99-78. Motion to approve carried 7-0. 11. GN 99-119 - PUBLIC HEARING FOR CONSIDERATION OF APPLICATION FOR TAX ABATEMENT BY BLUE LINE ICE COMPLEX - ORDINANCE NO. 2419 AND RESOLUTION NO. 99-79 APPROVED Mr. Wieder summarized GN 99-119. Mr. Greg Fitzgerald, Owner - Blue Line Ice, was present to answer questions. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. City Council Minutes October 25, 1999 Page 5 Mayor Pro Tem Johnson moved, seconded by Councilman Phifer to approve GN 99- 119, Ordinance No. 2419 and Resolution No. 99-79. Motion to approve carried 7-0. 12. GN 99-120 - PUBLIC HEARING TO CONSIDER CREATION OF TAX REINVESTMENT ZONE NUMBER 2 - ORDINANCE NO. 2420 APPROVED Mr. Wieder advised Council that all entities have been notified, and all but one waiver had been received. The last entity would be voting on the waiver later this week. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Milano moved, seconded by Mayor Pro Tem Johnson to approve GN 99- 120, Ordinance No. 2420 establishing Reinvestment Zone Number 2. Motion to approve carried 7-0. 13. GN 99-121 - APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NUMBER 2 APPROVED Mr. Wieder summarized GN 99-121. Mayor Scoma asked if other entities could appoint a delegate. Councilman Metts moved to designate City Manager Larry Cunningham as the Zone Manager and appoint Mayor Scoma, Mayor Pro Tem Johnson, and Councilmen Welch, Metts, Mitchell, and Milano as delegates on the Reinvestment Zone NO.2 Board of Directors. Motion to approve carried 7-0. 14. GN 99-123 - APPOINTMENT TO PLACE 2 ON THE PARK & RECREATION BOARD APPROVED Councilman Mitchell moved to appoint Mr. Andrew Wolfe to Place 2 on the Park & Recreation Board. Mayor Pro Tem Johnson seconded the motion. City Council Minutes October 25, 1999 Page 6 Motion to approve carried 7-0. RECESS Mayor Scoma recessed the meeting at 8:09 p.m. BACK TO ORDER Mayor Scoma called the meeting back to order at 8:17 p.m. with the same Council Members present as recorded. 15. GN 99-122 - PUBLIC HEARING TO CONSIDER ADOPTING A TREE PRESERVATION ORDINANCE - ORDINANCE NO. 2422 APPROVED Ms. Ratcliff, summarized GN 99-122 with a slide presentation. Ms. Ratcliff also mentioned the receipt of two letters from Mr. Steve Johnson, TXU and Mr. Jeff Quinters. Staff recommends using certain verbiage from Mr. Johnson's letter regarding Mesquite's "Utilities operating under franchise agreement". Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. The following spoke in favor of the request: Harvey Greenwald, 5016 Strummer Drive, and Patsy Tucker, 6801 North Oaks Drive. The following spoke in opposition: Owen D. Long, 1615 Precinct Line Road, Suite 106, Hurst 76054, Marvin Smith, 7609 Douglas Lane, and John Barfield, 700 Harwood Road, Suite A, Hurst 76054. Mayor Scoma closed the public hearing. Councilman Trevino moved to approve GN 99-122, Ordinance No. 2422 with the following provisions: add the word "preliminary" in front of plat on pg 4, Section 300A3; change exhibit A to exhibit B on pg 8, Section 600B20; critical rezone deleted and replaced by dripline on pg 10, Section 800B4; and to include "Utilities operating under a franchise agreement with the *City of Mesquite are exempt from this ordinance and are not required to make application for removal of protected trees provided that any trees removed under this exemption pose a direct hindrance to the utility's ability to exercise its rights under the franchise to utilize city property rights-of-way, and dedicated easements to provide safe, reliable service to its customers and that said trees are located in the * Amended at 11/08/99 City Council Meeting...City of Mesquite deleted and replaced with City of North Richland Hills City Council Minutes October 25, 1999 Page 7 aforementioned areas governed by the franchise agreement and removal of trees is directly linked to extending service to new customers." and the addition of the statement from Mesquite, excluding the last sentence. Mayor Pro Tem Johnson seconded the motion. Motion to approve carried 7-0. 16. GN 99-124 - PUBLIC HEARING TO CONSIDER REPEALING ORDINANCE NO. 2375 AND ADOPTING LANDSCAPE REGULATIONS - ORDINANCE NO. 2423 APPROVED Ms. Ratcliff summarized GN 99-124. Councilman Phifer expressed his concern with ornamental trees, pear trees in particular stating that they would be dead in fifteen years, and the city needs to consider limiting the use of Bradford Pear trees. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Mayor Pro Tem Johnson moved to approve GN 99-124, Ordinance No. 2423 with the following provisions: delete table 1 on pg 11; wording of 1 b, 1 c, and 3d changed to match 2b, and 2c; delete "as required by Table 1" and replace with "15 foot buffer yard" on pg 11, 3c; delete the word "over" and replace with "less" on pg 12 3A; and delete "Paragraph J" and replace with "Exhibit A" on pg 12, 3B, second paragraph. Councilman Milano seconded the motion. Motion to approve carried 7-0. 17. PW 99-020 - APPROVE INTERLOCAL AGREEMENT CONCERNING RUFE SNOW DRIVE RIGHT-OF-WAY ACQUISITIONS AND STREET ASSESSMENTS BETWEEN THE CITY OF NORTH RICH LAND HILLS AND THE CITY OF WATAUGA - RESOLUTION NO. 99-76 APPROVED Mr. Greg Dickens, Director of Public Works, summarized the proposed Interlocal Agreement. Mr. Dickens clarified that page 1 of 2, section 2 in the Interlocal Agreement should read west side, not east side. City Council Minutes October 25, 1999 Page 8 Councilman Phifer moved, seconded by Councilman Milano to approve PW 99-020, Resolution No. 99-76. Motion to approve carried 7-0. 18. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS 1.) Community Health and Wellness Fair will be held on Wednesday, October 27, 9:00 a.m. to 6:00 p.m. Event sponsored by City of North Richland Hills, North Hills Hospital, and Kimberly Clark. 2.) Boo Bash held on Saturday, October 30 from 6:00 p.m. to 8:00 p.m. 3.) Open Arms Home, Inc. to host the 11th Annual Style Show Extravaganza on Saturday, November 6 from 10:00 a.m. to 2:30 p.m. at the Richland Hills Church of Christ, 6300 NE Loop 820. 4.) Annual Board & Commission Reception to be held on October 28 at 7:00 p.m. at the Birdville Fine Arts/Athletic Complex, 9200 Mid-Cities Boulevard. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:30 pm. ATTEST: ./-'--7]-:-7 '/J¡ '4 '--':'" ! .____'. / './1 " . - ;z ';~ / cvtl¿¿ I d¿~7"-- .....-- Patricia Hutson - City Secretary