HomeMy WebLinkAboutCC 2000-01-10 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 - JANUARY 10, 2000 - 5:45 P.M.
Charles Scoma
JoAnn Johnson
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
Don Phifer
Matt Milano, Ph.D.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Rex McEntire
Marcy Ratcliff
Larry Koonce
Thomas Powell
Tom Shockley
Andy Jones
Paulette Hartman
Kevin Miller
Mike Curtis
Mayor
Mayor Pro T em
Councilman
Councilman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director of Community Services
City Secretary
Assistant City Secretary
Attorney
Director of Planning
Finance Director
Support Services Director
Police Chief
Fire Chief
Assistant to the City Manager
Assistant Public Works Director
Assistant Public Works Director
1. Oscar Trevino, Jr.
Councilman
ITEIVI DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at 5:46 p.m.
DISCUSS ITEMS No items were discussed. NAN
FROM REGULAR
JANUARY 10,1999
CITY COUNCIL
MEETING
IR 2000-02 REVIEW Ms. Hartman briefed the Council on the proposed GREG V.
OF PROPOSED cable transfer of Charter Communications' to A T& 1.
CABLE TRANSFER Council input was requested on two issues: 1)
TO A T& T whether Council desired to have Mr. Paul Allen or his
designee appear before Council and explain the
Pre-Council Minutes
January 10, 1999
Page 2
ITEM DISCUSSION ASSIGNMENT
reasons for the transfer and 2) whether Council
desires any additional requirements or amenities in
addition to the transfer provisions of the previous
agreement. Concerns expressed by the Council
included: 1) whether any anticipated equipment
changes were anticipated; 2) additional transfers be
prohibited for at least three years and preferably five
years because of the time and cost involved; 3) an
assurance that the City's Citicable can not be
eliminated; 4) the desire to address open access of
Internet Service Providers to the high speed Internet
services now provided over the cable lines. The
Council also requested that a representative from both
Charter Communications' and A T& T meet with the
Council to address issues on the proposed transfer.
The Cable TV Board is to be invited to attend the
meeting with the Cable Representatives.
ADJOURNMENT Mayor Scoma announced at 5:54 p.m. that the NAN
meeting would adjourn to Executive Session to consult
with the Attorney on litigation matters (Davis et al v.
City) and for deliberation regarding real property
(Highway Expansion and Rufe Snow) as authorized by
Section 551.071 and Section 551.072 of the Local
Government Code.
ATTEST:
(7aJWtxà ,~
'-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 - JANUARY 10, 2000 -7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order January 10, 2000 at 7:00 p.m.
Present:
Charles Scoma
JoAnn Johnson
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
Don Phifer
Matt Milano
Absent:
1. 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.
INVOCA TION
Mayor Scoma led the invocation.
3.
PLEDGE OF ALLEGIANCE
Members from the Boy Scout Outpost 98 and 144 led the pledge.
City Council Minutes
January 10, 2000
Page 2
4.
SPECIAL PRESENTATIONS
None.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE PRE-COUNCIL MEETING DECEMBER 13,1999
B. MINUTES OF THE COUNCIL MEETING DECEMBER 13,1999
C. AWARD BID FOR 2000 YEAR MODEL VEHICLES
D. AWARD BID FOR BREATHING APPARATUS TO SAFECO, INC. IN THE
AMOUNT OF $37,431.69
E. AWARD BID FOR FIRE HOSE TO FIRE SUPPLY, INC. IN THE AMOUNT OF
$21,036
F. AWARD BID FOR BUNKER GEAR TO DOOLEY TACKABERRY IN THE
AMOUNT OF $21,998
G. VACATE A PORTION OF A SANITARY SEWER EASEMENT LOCATED ON THE
THORNHILL DRIVE RIGHT-OF-WAY; LOTS 3 AND 4, BLOCK 1, THORNBRIDGE
SOUTH ADDITION; TRACT 9A, S. RICHARDSON SURVEY; AND TIMBER
DRIVE RIGHT-OF-WAY - ORDINANCE NO. 2442
H. VACATE A PORTION OF A WATERLINE EASEMENT LOCATED ON THE
THORNHILL DRIVE RIGHT-OF-WAY; LOT 3, BLOCK 1, THORNBRIDGE SOUTH;
TRACT 9A, S. RICHARDSON SURVEY; AND TIMBER DRIVE RIGHT-OF-WAY -
ORDINANCE NO. 2441
I. APPROVE 1999/2000 CITY STREET OVERLAY PROGRAM
Mayor Pro Tem Johnson moved, seconded by Councilman Phifer to approve the
consent agenda.
City Council Minutes
January 10, 2000
Page 3
Motion to approve carried 6-0.
7.
PZ 99-31 - PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING
ORDINANCE, ARTICLE 10 FENCING REGULATIONS, ARTICLE 11, DEFINITIONS,
AND ARTICLE 3, PERMITTED USES RELATIVE TO REQUIRED MASONRY
SCREENING WALL REQUIREMENTS, NON-MASONRY SCREENING
REQUIREMENTS, SCREENING OF OUTDOOR REFUSE CONTAINERS,
SCREENING OF AREAS FOR VEHICULAR STORAGE, SPECIAL SCREENING
REQUIREMENTS AND MECHANICAL EQUIPMENT SCREENING AND ANY OTHER
DELETIONS OR ADDITIONS - ORDINANCE NO. 2444
APPROVED
Ms. Marcy Ratcliff, Director of Planning, reviewed PZ 99-31, Ordinance No. 2444.
Council discussed item.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward.
Mr. Steve Johnson, TXU, commented on the mechanical equipment screening
requirement. Stating that the screening will be a hindrance to locate TXU equipment in
the evening hours and the screening would not allow airflow, possibly leading to
overheating.
There being no one else wishing to speak, Mayor Scoma closed the public hearing.
Mayor Pro Tem Johnson moved to approve PZ 99-31, Ordinance No. 2444, with the
exemption of TXU's distribution voltage being 25 KV (kilo volts) or smaller. Councilman
Mitchell seconded the motion.
Motion to approve carried 6-0.
8.
PZ 99-33 - PUBLIC HEARING TO CONSIDER THE REQUEST OF
D & G SPECIALTIES, INC. FOR A SPECIFIC USE PERMIT FOR A CONVENIENCE
STORE AND CAR WASH IN A "C-1" COMMERCIAL DISTRICT. (LOCATED AT THE
NORTHEAST CORNER OF DAVIS BOULEVARD AND PRECINCT LINE ROAD ON
PROPOSED LOT 1, BLOCK 1, GIBSON ADDITION) - ORDINANCE NO. 2445
APPROVED
Ms. Ratcliff summarized PZ 99-33.
City Council Minutes
January 10, 2000
Page 4
Mr. Brett Ballinger, applicant, was available to answer questions from Council.
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 Mitchell moved to approve PZ 99-33, Ordinance No. 2445 as
recommended by the Planning and Zoning Commission. Councilman Metts seconded
the motion.
Motion to approve carried 6-0.
9.
PZ 99-40 - PUBLIC HEARING TO CONSIDER THE REQUEST OF CGS SIGNS TO
AMEND THE SPECIAL USE PERMIT FOR LOT 1 R, BLOCK 1, VENTURE ADDITION
RELATIVE TO SIGNAGE (EXPO DESIGN AT 4900 DAVIS BOULEVARD) -
ORDINANCE NO. 2446
APPROVED
Ms. Ratcliff summarized PZ 99-40.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward.
Ms. Cindy Boykin, applicant, was available to answer questions.
There being no one else wishing to speak, Mayor Scoma closed the public hearing.
Mayor Pro Tem Johnson moved to approve Ordinance No. 2446, PZ 99-40 as
recommended by the Planning and Zoning Commission. Councilman Welch seconded
the motion.
Motion to approve carried 6-0.
10.
PZ 99-41 - PUBLIC HEARING TO CONSIDER THE REQUEST OF CARRERA
CONSULTING ENGINEERS, INC. FOR A ZONING CHANGE ON TRACT 4P1, OUT
OF THE A.G. WALKER SURVEY, ABSTRACT NO. 1630 FROM R-7-MF-MUL TI
FAMILY TO C-2-COMMERCIAL. (LOCATED AT 4004 FLORY STREET.)-
ORDINANCE NO. 2447
CONTINUED
City Council Minutes
January 10, 2000
Page 5
Ms. Ratcliff summarized PZ 99-41.
Mayor Scoma asked if the applicant was available to answer questions.
Ms. Ratcliff advised Council that the applicant was aware of the public hearing.
Mayor Scoma reminded Council of the rules of procedure approved by Council to not
recess a public hearing if the applicant is not present.
Mayor Pro Tem Johnson moved to continue the public hearing at the next council
meeting. Councilman Milano seconded the motion.
Motion to continue carried 6-0.
11.
PZ 99-43 - PUBLIC HEARING TO CONSIDER THE REQUEST OF GRA YTON
KOENIG FOR A ZONING CHANGE ON TRACT 2A04, ABSTRACT 1266, S.
RICHARDSON SURVEY, ADDRESSED AS 7813 GREEN VALLEY DRIVE FROM AG-
AGRICULTURAL AND LR-LOCAL RETAIL TO R-1-S-SPECIAL SINGLE FAMILY
RESIDENTIAL - ORDINANCE NO. 2443
APPROVED
Ms. Ratcliff, summarized PZ 99-43.
Mr. Gray ton Koenig, applicant, was available 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.
Councilman Metts moved to approve PZ 99-43, Ordinance No. 2443 as recommended
by the Planning and Zoning Commission. Councilman Phifer seconded the motion.
Motion to approve carried 6-0.
12.
PZ 99-44 - PUBLIC HEARING TO CONSIDER THE REQUEST OF MARY JANE AND
EDWARD LET FOR A ZONING CHANGE ON TRACTS 2A3, 2AB3, AND 2A3, W.C.
NEWTON SURVEY ABSTRACT 1182, ADDRESSED AS 7591 AND 7601 PRECINCT
LINE ROAD FROM AG-AGRICUL TURAL TO PD-PLANNED DEVELOPMENT FOR A
WEDDING CHAPEL AND OTHER ASSOCIATED ACCESSORY WEDDING CHAPEL
USES - ORDINANCE NO. 2448
DENIED
City Council Minutes
January 10, 2000
Page 6
Ms. Ratcliff summarized PZ 99-44.
Mr. and Mrs. Edward Lett were available to answer questions.
Council discussed item.
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 Ordinance No. 2448, PZ 99-44 as
recommended by the Planning and Zoning Commission with the provision that applicant
enter into a covenant at such time when sewer service is available. Councilman Phifer
seconded the motion.
Mayor Pro Tem Johnson amended her motion to include Staff's recommendations:
limitation of hours of operation, one driveway entrance and minimum 10% masonry
requirement. Councilman Phifer amended his second.
Mayor Pro Tem Johnson amended her motion to remove Staff's recommendation of
one driveway entrance. Councilman Phifer amended his second.
The final motion on the floor is to approve Ordinance No. 2448, PZ 99-44, with the
provision that applicant enter into a covenant at such time when sewer service is
available and as recommended by the Planning and Zoning Commission as follows:
. The development is tied to the site plan
· The ordinance include the proposed regulations submitted by the applicant with the
exception that wooden decorative fencing not be allowed.
· Include a notation on the site plan that all the pavilions and gazebos will be built in
accordance with the Little Bear Creek Flood Plain Control Ordinance No. 2091.
· The future land use plan be amended to reflect the subject property as commercial.
· The site plan be amended to show either a living screen or a masonry screening
wall along the northern property line outside of the Little Bear Creek Corridor.
· Recommend City Council waives the zoning case fees the applicant has already
paid.
City Council Minutes
January 10, 2000
Page 7
Motion also includes Staff's recommendation of no outdoor operations between 11 :00
pm and 7:00 am. Councilman Phifer seconded motion.
Motion was denied 4-2; with Mayor Pro Tem Johnson and Councilman Phifer voting for
and Councilmen Welch, Mitchell, Metts and Milano voting for denial.
13.
PS 99-36 REQUEST OF BILL J. FENIMORE FOR AN AMENDED FINAL PLAT OF
BLOCKS 5,6,7, WOODLAND OAKS ADDITION. (PROPERTY IS LOCATED AT THE
SOUTHEAST CORNER OF AMUNDSON DRIVE AND CRANE ROAD)
APPROVED
Ms. Ratcliff summarized PS 99-36.
Mr. Bill Fenimore, applicant, was not available to answer questions.
Councilman Metts moved to waive council procedures and vote on PS 99-36. Mayor
Pro Tem Johnson seconded the motion.
Motion to waive council procedures carried 6-0.
Councilman Metts moved to approve PS 99-36 as recommended by the Planning and
Zoning Commission, with the condition that the plat not be filed until the ten-foot
electrical easement is abandoned. Councilman Welch seconded the motion.
Motion to approve carried 6-0.
14.
PS 99-38 CONSIDER REQUEST OF MR. MARVIN SMITH, AGENT FOR MR.
CHARLES PENNINGTON, FOR A FINAL PLAT OF LOTS 1-4, BLOCK 1,
PENNINGTON ESTATES. (PROPERTY LOCATED AT THE SOUTHEAST INTER-
SECTION OF DOUGLAS LANE AND BURSEY ROAD)
APPROVED
Ms. Ratcliff summarized PS 99-38.
Mr. Marvin Smith, agent, was available to answer questions.
Councilman Metts moved to approve PS 99-38 as recommended by the Planning and
Zoning Commission which includes a waiver to the required masonry screening wall on
Bursey Road. Councilman Phifer seconded the motion.
Motion to approve carried 6-0.
City Council Minutes
January 10, 2000
Page 8
15.
LRC 99-08 - PUBLIC HEARING TO CONSIDER A REQUEST FROM JOE WADE,
FOR A VARIANCE TO THE LANDSCAPE REGULATIONS, ORDINANCE NO. 2423,
TO ALLOW A FIVE-FOOT LANDSCAPE SETBACK WHERE 15 FEET IS REQUIRED.
THE PROPERTY IS KNOWN AS LOT 1, BLOCK 1 , EATON ADDITION IN A C2-
COMMERCIAL DISTRICT. (PROPERTY IS LOCATED AT 3819 RUFE SNOW DRIVE)
APPROVED
Ms. Ratcliff summarized LRC 99-08.
Mr. Joe Wade, applicant, was available 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.
Mayor Pro Tem Johnson moved to approve LRC 99-08 a variance from Ordinance No.
2423, Section 1.G. Landscape Setback to allow a five-foot landscape setback along the
Harmonson Road frontage of Lot 1 Block 1, Eaton Addition. Councilman Phifer
seconded the motion.
Motion to approve carried 6-0.
16.
PUBLIC HEARING TO CONSIDER A REQUEST FROM REGENCY REALTY
CORPORATION, FOR AN INTERPRETATION OF THE SIGN REGULATIONS,
ORDINANCE NO. 2374, SECTION 13, TO ALLOW MULTIPLE POLE SIGNS. THE
PROPERTY IS KNOWN AS BLOCK 4, BRENTWOOD ESTATES ADDITION IN A C1-
COMMERCIAL DISTRICT.
(PROPERTY IS LOCATED AT 8900 NORTH TARRANT PARKWAY)
NO ACTION REQUIRED
Ms. Ratcliff advised Council that there was a miscommunication between applicant and
Staff. The multi-tenant master plan submitted by applicant is in compliance with the
sign regulations at the time of submittal. An interpretation is no longer necessary and
the applicant has requested to withdraw their request. However the notice has been
published and neighbors were notified. The City is required to hold a public hearing.
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
January 10, 2000
Page 9
Mayor Scoma advised Council that no further action is required of Council.
17.
SRC 99-06 - PUBLIC HEARING TO CONSIDER A REQUEST FROM BANK OF
AMERICA, FOR A VARIANCE FROM THE SIGN REGULATIONS, ORDINANCE NO.
2374, SECTION 13, TO ALLOW A POLE SIGN. THE PROPERTY IS KNOWN AS
LOT 1, BLOCK A, NORTHLAND SHOPPING ADDITION IN A C1-COMMERCIAL
DISTRICT. (PROPERTY IS LOCATED AT 6100 RUFE SNOW DRIVE)
DENIED
Ms. Ratcliff summarized SRC 99-06.
Mr. Philip Peters, Bank of America representative, was available to answer questions.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward.
Mr. David Whitson, 9425 Donna Drive, spoke in favor of proposal # 2.
There being no one else wishing to speak, Mayor Scoma closed the public hearing.
Councilman Milano moved to deny SRC 99-06. Councilman Welch seconded the
motion.
Motion to deny carried 5-1 with Councilmen Welch, Mitchell, Phifer, Milano and Mayor
Pro Tem Johnson voting for denial and Councilman Metts voting for approval.
18.
GN 2000-01 - APPOINTMENT OF ADVISORY BOARD FOR LOCAL LAW
ENFORCEMENT BLOCK GRANT - RESOLUTION NO. 2000-03
APPROVED
Mr. Randy Shiflet, Deputy City Manager, summarized GN 2000-01.
Councilman Mitchell moved to approve GN 2000-01 the appointment of advisory board
for local law enforcement block grant to the following:
local Police Department
Tom Shockley
Police Chief
Local Prosecutor's Office
Mike McEntire
Prosecuting Attorney
Local Court System
Ray Oujesky
Municipal Court Judge
City Council Minutes
January 10, 2000
Page 10
Local School System
BISD
Mike Fritz
Director of Transportation
Local Community Group Lisa Dier President, Citizens' Police
Active in Crime Prevention Academy Association
Motion seconded by Councilman Milano.
Motion to approve carried 6-0.
19.
GN 2000-02 - RESOLUTION AFFIRMING SUPPORT FOR NEUTRAL TAX
TREATMENT OF INTERNET PURCHASES- RESOLUTION NO. 2000-02
APPROVED
Ms. Paulette Hartman, Assistant to the City Manager, summarized GN 2000-02.
Councilman Mitchell moved, seconded by Mayor Pro Tem Johnson to approve GN
2000-02, Resolution No. 2000-02.
Motion to approve carried 6-0.
20.
GN 2000-03 - RESOLUTION AUTHORIZING PARTICIPATION IN GUD NO. 8976,
TXU LONE STAR PIPELINE'S APPLICATION TO THE RAILROAD COMMISSION TO
INCREASE ITS CITY GATE RATE FURTHER AUTHORIZING PARTICIPATION WITH
THE STEERING COMMITTEE OF CITIES SERVED BY LONE STAR IN
PROCEEDINGS BEFORE THE RAILROAD COMMISSION AND SUBSEQUENT
APPEALS -
RESOLUTION NO. 2000-01
APPROVED
Mr. Shiflet summarized GN 2000-03.
Mayor Pro Tem Johnson moved, seconded by Councilman Mitchell to approve GN
2000-03, Resolution No. 2000-01.
Motion to approve carried 6-0.
City Council Minutes
January 10, 2000
Page 11
21.
PW 2000-04 - AWARD OF BID ON WATAUGA ROAD BOOSTER PUMP STATION
1999 IMPROVEMENTS TO MIDSTATE CONSTRUCTION SERVICES, INC. IN THE
AMOUNT OF $201,225.10
APPROVED
Mr. Kevin Miller, Public Works Assistant Director, summarized PW 2000-04.
Councilman Phifer moved, seconded by Councilman Metts to approve PW 2000-04.
Motion to approve carried 6-0.
22.
A. CITIZENS PRESENTATION
None.
B. INFORMATION AND REPORTS
Complimentary North Richland Hills Year 2000 calendars are available at City Hall, the
Recreation Center, Richland Tennis Center, Library and other various facilities
throughout the city.
The Recreation Center is conducting registration for Winter/Spring classes. Call 427-
6600 for more information.
The Environmental Services Department will be hositng the Enviro Fair at the BISD
Fine Arts Complex Saturday, January 22"d from 10:00 am to 2:00 pm.
The Critter Connection will be open Saturday, January 22"d from 10:00 am to 6:00 pm
at North Hills Mall.
City Council Minutes
January 10, 2000
Page 12
23.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 9:0~~ L?'H'---.
Charles Scoma - Mayor
ATTEST:
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\...--
Patricia Hutson - City Secretary