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HomeMy WebLinkAboutCC 2001-05-14 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 - MAY 14, 2001 - 6:00 P.M. Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Alicia Richardson Rex McEntire Paulette Hartman Mike Curtis Jim Browne Larry Koonce John Pitstick Jenny Kratz Chris Swartz Patrick Hillis Mark Eder Pam Burney Donna Enos Angel Holbert Cathy Horton Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services Assistant City Secretary Attorney Assistant to the City Manager Public Works Director Parks & Recreation Director Finance Director Director of Development Communications Director Aquatic Manager Human Resources Director I nformation Services Environmental Services Director Purchasing Agent Utility Services Supervisor Zoning Administrator Patricia Hutson City Secretary ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p.m. DISCUSS ITEMS Item No.9; PS 2001-14 - Councilman Tolbert FROM REGULAR is concerned with a section of language in the MAY 14, 2001 CITY detention pond maintenance agreement. COUNCIL Councilman Tolbert wants the word "property" to AGENDA be defined as Lots 41-47. Mayor Scoma would like the amount of days of due process for a written demand to be the same amount of days as the city's current IR 2001-066 REVIEW PROPOSED BILL AVERAGINGI BUDGET BILLING SYSTEM FOR UTILITY BILLS Pre Council Minutes May 14, 2001 Page 2 ordinance. Currently city ordinance is a seven day notice for a written demand. Item No. 11; PS 2001-11 - Mr. Cunningham advised Council that staff had received a letter from Mr. Long requesting that Council extend his request until June 11, 2001. Staff is suggesting that Council use the following motion, "move to table and extend item to no later than June 11, 2001." Mr. Koonce outlined the budget billing/bill averaging system. Mr. Koonce pointed out the following: · New service offered to customers · Smooth out the peaks and valleys · Predictable bills · Service offered only to residential customers · Customers will need a zero balance to qualify and have had service twelve (12) consecutive months · Accounts will be calculated in April of each year · Customers may request removal from system at any time · Terminated accounts - the full amount of the deferred balance is applied to the final bill. Council was advised that the new system was currently being tested and the goal is to go live in June. Staff answered questions from the Council concerning the estimated number of people who might use the service, procedures that would be in place to prevent excessive account balances, the billing procedures and who would be eligible for the service. Council was advised that accounts would not be allowed to exceed $150.00 and that only residential customers would be offered the service. IR 2001-065 RIGHT-OF-WAY CONSTRUCTION PROGRAM - UPDATE IR 2001-068 UPDATE ON COUNCIL GOALS & OBJECTIVES IR 2001-067 DISCUSS LEGISLATIVE UPDATE - 77TH LEGISLATURE ADJOURNMENT ATTEST: Pre Council Minutes May 14, 2001 Page 3 Mr. Mike Curtis introduced Mr. Jack Thompson, Right-of-Way Construction Inspector. Mr. Curtis updated the Council on the right-of-way construction program. Since the program was implemented five months ago, the inspector has approved over 150 projects within the public right-of-way and is currently working on 64 ro·ects. The City Manager briefly reviewed the status of the 2000 Council Goals. The Council was advised that some of the goals set in April 2000 were complete and some would not be com leted until the last uarter of 2001. Mr. Vick updated the Council on the status of the following legislative bills: House Bill 1275, Senate Bill 243, Senate Bill 339, House Bill 2458, and House Bill 3182. Mayor Scoma discussed with Council the affect the proposed redistricting will have on the voting locations for the northeast section of the city. Council was advised that the House had passed the Redistricting Plan. Under the proposed Senate Redistricting Plan, Mike Moncrief will represent the City. Two plans are being considered on the Congressional side, One plan will have Dick Armey representing the City and under the second plan, the City would be placed in Congresswoman Granger's eastern division. (!?at¡vù¿¿ ~ 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 - MAY 14, 2001 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order May 14, 2001 at 7:00 p.m. Present: Charles Scoma Lyle E. Welch Russell Mitchell Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert T. Oscar Trevino, Jr. Staff: Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Alicia Richardson Rex McEntire Absent: Patricia Hutson ROLL CALL Mayor Councilman Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services Assistant City Secretary Attorney City Secretary 2. INVOCATION Mr. Larry Smith, teacher; Julia Johnson and Harrison Smith, students, from Smithfield Middle School led the invocation. 3. PLEDGE OF ALLEGIANCE Harrison Smith of Smithfield Middle School led the pledge. 4. SPECIAL PRESENTATIONS NRH MUNICIPAL COURT - 2000/2001 TEEN COURT SCHOLARSHIP City Council Minutes May 14, 2001 Page 2 Mayor Scoma introduced Debbie Durko, Deputy Court Clerk and Ron Moore, Teen Court Advisory Chair. Mr. Moore presented the $1,000 scholarships to Tony Ortega and Vanessa Trevino. CERTIFICATE OF APPRECIATION Councilman Trevino presented Ms. Sandra Daily with a certificate of appreciation for her outstanding work to the community. Ms. Daily, a substitute teacher was commended for her accomplishments with the recycling program and environmental program at North Ridge Middle School. PROCLAMATION - NATIONAL PUBLIC WORKS WEEK Mayor Scoma presented a proclamation to the following Public Works personnel: Mike Curtis, Public Works Director; David Smyth, Utility Superintendent; Jimmy Cates, Street Superintendent; and Bob Nelson, Construction Superintendent. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING APRIL 23, 2001 S. MINUTES OF THE COUNCIL MEETING APRIL 23, 2001 C. PU 2001-027 - AWARD BID FOR 2001 MISCELLANEOUS STREET SUSGRADE STABILIZATION PROJECT TO MCCLENDON CONSTRUCTION IN THE AMOUNT OF $47,197 D. PU 2001-028 - AWARD SID FOR ECO GAME SCANNERS TO SCAN TEXAS IN THE AMOUNT OF $26,483 Councilwoman Johnson moved, seconded by Councilman Welch to approve the consent agenda. Motion to approve carried 7-0. City Council Minutes May 14, 2001 Page 3 7. GN 2001-050 - ELECTION OF MAYOR PRO TEM APPROVED Councilman Trevino moved to appoint Councilman Mitchell as Mayor Pro Tern. Councilman Welch seconded the motion. Motion to approve carried 7-0. 8. PZ 2000-45 - PUBLIC HEARING TO CONSIDER THE REQUEST OF RICHARD RUSSELL FOR A ZONING CHANGE FROM C1 COMMERCIAL TO R2 SINGLE FAMILY RESIDENTIAL ON 13.332 ACRES OF LAND IN THE JOHN M. VANDUSEN SURVEY, ABSTRACT #1588 IN THE 6400 BLOCK OF GLENVIEW DRIVE - ORDINANCE NO. 2538 (POSTPONED A T THE 1/22/01 CITY COUNICL MEETING) APPROVED Mr. Mark Wood was present on behalf of the applicant. Mr. Wood was available to answer any questions from Council. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. 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, seconded by Councilman Trevino to approve PZ 2000-45, Ordinance No. 2538. Motion to approve carried 7-0. 9. PS 2001-14 - CONSIDER THE FINAL PLAT OF LOTS 1-48, BLOCK 1, GLENWYCK ADDITION REQUESTED BY RICHARD W. RUSSELL ON 13.33 ACRES OF LAND LOCATED IN THE 6400 BLOCK OF GLENVIEW DRIVE APPROVED Mr. Mark Wood, representing applicant, was available to answer questions from Council. Mr. Wood outlined applicant's final plat request. City Council Minutes May 14, 2001 Page 4 Councilman Trevino asked why the applicant was asking for a variance from the masonry wall. Mr. Wood advised Council currently there are no existing masonry walls throughout the entire area. To the east of this property, Diamond Ridge Apartments have done a very nice job in setting back their fence approximately 30 feet from the curb using a masonry column and wrought iron fence. The Diamond Ridge Apartments have heavy landscaping creating an open greenbelt area. Mr. Wood advised Council Mr. Russell, applicant, is requesting to do the same thing. Mayor Scoma asked Mr. Wood if he plans to erect one or two fences. Mr. Wood advised Council applicant has requested a masonry column and wrought iron fence along the property line (20 feet back from the curb) on the south side of the detention facility. Sixty feet back from the curb at the backside of the residential lots, there would be a site-bearing fence with metal pole and wood fence with landscaping in front of the fence. Mr. Wood advised Council, a suggestion had been made by the Mayor and others that applicant consider moving the fence to the back lot line of the property owners' lots, rather than putting it out in front to further open up the greenbelt. Mayor Scoma advised Council he had a concern with the possibility of a wood fence deteriorating. One would be able to see the deteriorating fence through the wrought iron fence. Mayor Scoma suggested the applicant make the attractive fence the one in which you see and make the other look like a park more so than putting it behind a fence. Mr. Wood advised Council the Planning and Zoning Commission discussed that option as well, and the applicant would not have a problem with either one. Councilman Tolbert asked Mr. Wood how far apart he was going to space the masonry columns and if it applied to Lot 1. Mr. Wood advised Council the columns designed right now are on 30-foot centers. The same fence design would be on Lot 1, which runs along the east side of the entrance. Lot 1 has a 20-foot back from the curb, and would have the same style of masonry column and wrought iron fence. Councilman Tolbert asked if the owner of Lot 1 would be able to put up a wooden fence. Mr. Wood advised Council the owner of Lot 1 would not be able to construct a wooden fence. Mr. Wood further advised Council that the property owners along the wrought iron fence areas would be required to leave the space open. City Council Minutes May 14, 2001 Page 5 Mayor Scoma asked Mr. Wood to talk briefly about the maintenance agreement. Mr. Wood advised Council that he and the staff have worked out a maintenance agreement, which would be tied to the Convenants, Conditions and Deed Restrictions. This will be a recorded document that covers the maintenance of the detention area, the entrance area, as well as the private drainage system extending down Glenview Drive to the west. This recorded document will be enforceable by the city should the homeowner association fail to comply with the term and conditions, including, but not limited to the maintenance, mowing, and landscaping of the greenbelt area. The intent is the city has the ability to take care of the problem, and assess the property owners for the cost. Mayor Scoma advised Mr. Wood that the Council discussed some wording changes during their Pre-Council meeting. Mayor Scoma recommends Item NO.3 change the amount of days from ten (10) to seven (7) where it stipulates developer has ten (10) days to reimburse the city or the city shall have a lien against property. This would be in conformance with the normal process of notification in the city. Councilman Tolbert advised Mr. Wood his main concern is the detention pond maintenance agreement. The agreement calls for the city to have a lien against Lot 48 in case the homeowner association does not adequately maintain the detention pond. Councilman Tolbert would like to have the maintenance agreement apply to all 48 lots, and then the lien could apply to all 48 lots, instead of just lot 48. This would be the same and consistent with the Deed Restrictions. Mr. Tolbert would like to change Exhibit "B" to the Covenants and Restrictions (Declarations of Covenants and Conditions and Restrictions) changed to apply to all 48 lots instead of just Lot 48. Mr. Wood advised Council the purpose and intent of the maintenance agreement is to apply the lien against all 48 lots. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. The Planning and Zoning Commission approved PZ 2001-14 with the following stipulation: (1) a 5-foot fence maintenance easement be added to the south line of lot 1; (2) fencing within Lot 48 to be wrought iron with masonry columns as shown on the exhibit drawing; (3) add a street light; (4) the homeowner association agreement must be reviewed by staff prior to forwarding the plat to City Council; and (5) add language to the plat stating that the pond area will be maintained by the homeowners association established concurrently with this plat. Councilman Tolbert inquired about the sidewalk and if the applicant would be acceptable to a straight sidewalk instead of the proposed sidewalk. City Council Minutes May 14, 2001 Page 6 Councilwoman Johnson asked Mr. Wood if he had a preference where would he want to place the fence. Mr. Wood advised Council he would prefer the wrought iron fence be placed on the lot lines. Mr. Steve Norwood, Assistant City Manager, suggested that staff might want to include changes in the deed restrictions that will prevent homeowners from putting a stockade fence on their property. Mr. Wood advised Council the verbiage could be added into the deed restrictions. Mr. Wood said he would be sure that this addition is made to the five lots, including Lot 1 on the east side that touches the greenbelt area, would be required to be left open as a wrought iron fence. Councilman Tolbert moved to approve PS 2001-14 subject to (1) approval of all engineering plans; (2) Declaration of Covenants, Conditions and Restrictions be filed with the Glenwyck Plat; (3) Five foot Fence Maintenance Agreement added to the south side of Lot 1; (4) Fencing along Glenview be changed to the following: - wrought iron fence with masonry columns spaced at a maximum of 30 feet; Lots 44-47 and Lot 1 have the wrought iron fence on their property lines closest to or touching Glenview or the greenbelt; and that those property owners of Lots 44-47 and Lot 1 not be allowed on the side of their property closest to or touching Glenview or the greenbelt have any other type of fence other than the wrought iron with column; (5) Plat should state detention pond will be maintained by Homeowners Association; (6) Declaration of covenants, conditions be amended to include language about fencing and also amended to ensure that Detention System Maintenance Agreement is binding on all lots in the subdivision; (7) Detention System Maintenance Agreement attached to Exhibit B of Declaration of Covenants be changed to define the property to which the lien applies for failure to reimburse for maintenance of detention system apply to all 48 lots; (8) Declaration of Covenants, Conditions and Restrictions be modified to state maintenance must comply with: a) any of the latest ordinances of the City of North Richland Hills; b) latest Weed Maintenance Ordinance; and c) Exhibit "C"- Maintenance Schedule; and (9) Detention System Maintenance Agreement - change to read that city agrees to execute a certificate within seven days (normal nuisance procedure) in Paragraph 3 of Exhibit B. Councilman Trevino seconded the motion. Motion to approve carried 7-0. City Council Minutes May 14, 2001 Page 7 10. PS 2001-13 - CONSIDER THE FINAL PLAT OF LOTS 22-24, BLOCK 6, GLENANN ADDITION REQUESTED BY THOMAS H. SMITH ON 1.91 ACRES OF LAND LOCATED AT 6825 SIMMONS ROAD APPROVED Mr. Owen Douglas Long, 1615 Precinct Line Road, Suite 106, Hurst, representing applicant was available to answer questions. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances and summarized recommendations of staff and the Planning and Zoning Commission. Mr. Pitstick advised Council the Planning and Zoning Commission approved the final plat with the requirement of a sidewalk. Councilman Trevino moved to approve PS 2001-13 as recommended by the Planning and Zoning Commission with the requirement for a sidewalk covenant. Councilman Metts seconded the motion. Motion to approve carried 7-0. 11. PS 2000-11 - CONSIDER THE FINAL PLAT OF FOREST GLENN EAST ADDITION PHASE 1 REQUESTED BY DOUG LONG ON 43.63 ACRES OF LAND LOCATED IN THE 8500 BLOCK OF NORTH TARRANT PARKWAY TABLED Mayor Scoma advised Council the applicant Mr. Doug Long has submitted a letter requesting an extension to be considered by Council. This extension would be no later than June 11, 2001. Councilwoman Johnson moved to table PS 2000-11 and extend item until June 11, 2001. Mayor Scoma suggested that Councilwoman Johnson amend her motion to say no later than June 11, 2001. Councilwoman Johnson amended her motion to table and extend no later than June 11, 2001. Councilman Metts seconded the motion. Motion to table carried 7-0. City Council Minutes May 14, 2001 Page 8 12. LRC 2001-01 - PUBLIC HEARING TO CONSIDER THE REQUEST OF SCOTT KUNKLE FOR A VARIANCE TO THE LANDSCAPING ORDINANCE NO. 2375, ON LOT 2, BLOCK 1, KUNKLE ADDITION. LOCATED AT THE 7700 BLOCK OF MID CITIES BOULEVARD APPROVED Mr. Scott Kunkle, 7812 Red Oak Street, was available to answer questions from Council. Mr. Kunkle is coming before Council requesting additional variances to a previously approved plan approved in July 1999. Councilman Trevino advised Mr. Kunkle that he had visited the property. Councilman Trevino did not see a lot of landscape that was dying. Councilman Trevino wanted to know why applicant varied from his approved plan. Mr. Kunkle advised Council this has been a three-year adventure. A year and a half ago, when he was working with Ms. Ratcliff he would have signed anything to get approval to move forward. Mr. Kunkle is worried that the trees that were mandated in his previously approved plan will cause future problems. Mr. Kunkle was advised that trees could not sufficiently grow in the less than 2 feet proposed between the sidewalk and parking drive. Councilman Welch informed Mr. Kunkle that the Council had received a couple of letters from his neighbors. The neighbors said Mr. Kunkle cut down some trees and wanted to know which trees he cut. Mr. Kunkle believes that the trees the neighbors were referring to were removed during the excavation. The trees removed from the middle of the field were mesquite and hackberry. Mr. Kunkle informed Council that he did not cut any trees down once the building was constructed. The only change Mr. Kunkle has made is the three trees that were supposed to be in the two-foot wide section. Three years ago when he was getting approvals, originally behind the building there was supposed to be 1 O-foot wide greenbelt. Mr. Kunkle would have been able to accommodate by planting trees, but the City Engineers changed their mind, and he had to start over again. Mr. Kunkle had to allow for a1 O-foot concrete flume. Due to the triangular shape of the land, he had to move the building away from the fence line. Councilman Welch does not see where Mr. Kunkle needs to change his landscape from his prior approved landscape. Mr. Kunkle advised Council his main concern is that Council not require him to plant Oak or Bradford Pear trees in the two-foot wide section in front of his office building. City Council Minutes May 14, 2001 Page 9 Councilman Tolbert advised Mr. Kunkle that he agreed that he has a tough lot to develop. Councilman Tolbert wanted Mr. Kunkle to know that the Council is not voting on this variance the same way they voted on his original variance in July 1999. The Council's hands are tied. Councilman Tolbert needs to hear that there is an additional hardship today that exists, that did not exist when they voted in July 1999. The space limitations and items mentioned existed in 1999. Councilman Tolbert does not see any additional hardships. Mr. Kunkle believes his hardship is that his education is in accounting, and not in landscape design or engineering. The hardship he is being educated to see is that the two feet area is not wide enough to grow trees. Mr. Kunkle believes the additional hardship is he does not see how it is reasonable to expect trees to grow and thrive so close to the drive, sidewalk and road. Councilwoman Johnson agreed that two feet is not enough to grow trees. The Council approved the landscape plan with two feet. The Council assumed at that time Mr. Kunkle could put a tree in a two-foot space. Councilwoman Johnson suggests that as Mr. Kunkle replaces the bushes they are replaced with crepe myrtles. Mayor Scoma advised Mr. Kunkle there are trees that grow within two foot of space. The Mid Cities Boulevard median has two to three feet of space and there are a number of trees. The issue related to the three trees was not an arbitrary decision; it was based upon the new tree ordinance. Ms. Ratcliff did not come up with a number of trees; it was part of the city ordinance. Mayor Scoma told Mr. Kunkle that the hardship is not on the trees, but the hardship has to be on you. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances. Mr. Kunkle came before the Council in July 1999 with the following variances: A variance to the required 10' landscape setback for a distance of 115' along Mid- Cities Boulevard which resulted in a loss of 3 trees and; - A variance to the required planting of 18 trees adjacent to the single family to the north and a variance to the required 10' landscaped buffer yard between the single family to the north and the driveway on the north side of the building; - A variance to parking lot screening; - A variance to the masonry screening requirement adjacent to the single family, to the north, on a portion of the site. The Landscape Review Committee added the following stipulations: City Council Minutes May 14, 2001 Page 10 Add one large tree and additional shrubs in the front grass area on the east side of the building; and Add 3 large trees and irrigation in the Mid-Cities Boulevard right-of-way. Mr. Kunkle has added significant shrubs and bushes, but is eliminating most of those trees. Mr. Kunkle is proposing the following plan: Removal of 3 shade trees from the Mid-Cities Boulevard frontage, replacing these trees with 2 shade trees, 2 ornamental trees and 55 Chinese hollies at other locations on the site. Removal of 2 shade trees and 4 photinias from the eastern side of the property. Replacing these materials with 8 Burford hollies, one Japanese Ligustrum and a row of Chinese hollies. Removal of 15 photinias, 2 live oaks and 2 Bradford pear trees on the eastern portion of the property. Replacing 5 of these shrubs and requests that the natural treeline of hackberry, mesquite and oaks be approved in lieu of 15 photinias, 2 live oak trees and 2 Bradford pear trees. Councilman Trevino asked Mr. Kunkle for clarification on his request. Councilman Trevino wants to know if Mr. Kunkle is saying he can not put the two trees in the two foot stretch and can not put the one tree in the island in front of his building. Mr. Pitstick advised Council that is what Mr. Kunkle is saying. Councilman Trevino wanted to make sure the way Mr. Kunkle has his landscape is how he wants to leave his landscape. Mr. Kunkle does not want to plant the two plants by the sidewalk, and he does not want to plant the tree by his building. Councilman Trevino questioned what Mr. Kunkle wanted to plant in place of those items he did not want to plant. 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 Trevino moved to approve the landscape in place, due to the hardship explained by Mr. Kunkle. Mayor Pro Tern Mitchell seconded the motion. Motion to approve carried 4-3; with Councilman Metts, Mayor Pro Tern Mitchell, Councilwoman Johnson, and Councilman Trevino voting for approval and Councilmen Welch, Whitson and Tolbert voting for denial. City Council Minutes May 14, 2001 Page 11 13. GN 2001-051 - PUBLIC HEARING TO CONSIDER THE UPDATE TO THE 1992 COMPREHENSIVE LAND USE PLAN AND CONSIDER APPROVAL OF ORDINANCE NO. 2553 APPROVED Mr. John Pitstick advised Council at the April 26th Planning and Zoning Commission meeting they voted to approve the Comprehensive Plan. Mr. Pitstick advised Council there are a couple of citizens present who have some changes for Council consideration. Mr. Pitstick advised Council the approval of the Comprehensive Land Use Plan will not make direct zoning changes, but is an 8 to 10 year plan. As a result of the changes, staff was able to develop strategic planning areas and will continue to develop other studies. Staff is also requesting an approval of the updated Master Thoroughfare Plan. Mr. Pitstick presented Ms. Cathy Horton, Zoning Administrator, who will discuss the most recent changes to the Comprehensive Land Use Plan. Ms. Horton outlined the following changes: - Adjust the office designation along Martin Drive, north of the Home Depot site; Replace the neighborhood service designation with single family at Bursey Drive and Smithfield Road; Change the institutional designation on the Jim Stephens property to neighborhood service; Change the Town Center designation on the Kent Davis site to retail; Change the office designation at the southwest intersection of Rumfield Drive and Precinct Line Road from office to retail; Change a portion of the Gary Wang site at Davis and Proposed Hightower from single family to retail; and Include the Food Lion site into the south Grapevine Highway Strategic Planning Area. Ms. Horton further advised Council that the Planning and Zoning Commission only changed a portion of Mr. Wang's request. His request was to have his property zoned retail from Davis Boulevard back 500 feet as it was originally in the 1992 plan. The 1992 plan showed more retail than what the updated Comprehensive Plan proposed. The 1992 plan showed 500 feet off the road and the new plan shows the retail lining up City Council Minutes May 14, 2001 Page 12 with the rest of the zoning up and down the street frontage, which is about 300 feet. Mr. Wang would prefer that his entire site be shown for retail development. Ms. Horton advised Council in a previous platting decision a street stub was provided to the west end of the site, and Ms. Horton presumes that is why the 1992 plan shows it for Single Family. Ms. Horton reminded Council of their decision to include Linda Spurlock Park and the Honey Lane Street frontage in the south Grapevine Highway Strategic Planning Area. Ms. Horton advised Council of the Commission discussed the potential for extending a north/south section of Shady Grove Road, south, to intersect with North Tarrant Parkway. The Commission decided not to include it in their recommendation due to a Traffic Impact Analysis. Staff will have the results of the Traffic Impact Analysis and both the Commission and Council could consider revising the plan. Ms. Horton advised Council staff may bring proposed changes to streets in the Home Town NRH. Since the Planning and Zoning Commission's recommendation, staff has received letters from Jack Pruitt, Robert Brooks, and Gary Wang. Mr. Pruitt is requesting Council consideration of changing the 4-acre tract south of Bursey and east of Rufe Snow to retail, in order to match the existing zoning of the property. Mr. Brooks requests that his property at 8709 Cardinal Lane be shown as Industrial on the plan instead of Town Center, under the 1992 plan his property was zoned L 1. Staff recommendation is to approve Ordinance No. 2553 to adopt the Land Use element, Transportation Plan element, Comprehensive Plan Booklet as well as the strategic area maps. Councilman Trevino asked if Mr. Pruitt who has property zoned as C1-Commercial, and Council is considering the property as Office; can he build old C1 on that property. Ms. Horton advised Council before them tonight is planned designations, not to change the zoning. Councilman Trevino further clarified that the zoning remains the same and Mr. Pruitt can do what he wants as long as it falls under C1-Commercial zoning. Mr. Pruitt will not be able to come back and change it to Residential. Ms. Horton advised Council that Mr. Pruitt could request a zoning change, but according to the Comprehensive Land Use Plan the zoning shows service. City Council Minutes May 14, 2001 Page 13 Ms. Horton said that Mr. Pruitt advised her that he felt more comfortable with the plan showing the red to match his existing zoning, than showing pink (office) which is less than what he has the right to do now. For clarification Councilman Trevino asked staff if the city still has Commercial zoning. Mayor Scoma advised Council there was still Commercial zoning. The zoning is a different type of Commercial. The C1 that Mr. Pruitt has now would be retail. Councilman Trevino inquired about the northwest corner of North Tarrant Parkway and Davis Boulevard that was zoned as retail. Councilman Trevino was under the impression that it was going to be zoned neighborhood services so as to provide a buffer between the Steeple Ridge and Caddo Court areas. Mr. Pitstick advised Council he does not recall a lot of discussion about changing the zoning to neighborhood services. Councilman Trevino asked Mayor Scoma if Council would be able to change zoning with a motion. Mayor Scoma advised Council that he would like Council to get a list of changes before a motion is on the floor. Councilman Trevino asked Mayor Scoma to include the following on the list of changes: Mr. Pruitt's property be designated as retail Property on the northwest corner of North Tarrant Parkway and Davis Boulevard designated as neighborhood services Mr. Wang's property designated as retail from Davis Boulevard 500-foot back and neighbor services for the rest of the property fronting along Hightower. Mayor Scoma asked for clarification from Councilman Trevino on his recommendation. Mayor Scoma asked Councilman Trevino if he would like to modify the plan in the area on Hightower to make that all neighborhood services that is currently showing as residential. Councilman Trevino would like to see it as neighborhood services because it is fronting on C4U which is Hightower. City Council Minutes May 14, 2001 Page 14 Mayor Scoma voiced his concern that this particular area was not addressed at the public hearing. Other major commercial corridors were addressed at the public hearing. Hightower has never been intended to be a commercial corridor and Council may want to refer this back to the Planning and Zoning Commission to address at a public hearing. Councilman Trevino rationalized his recommendation by stating that the houses around this area face away from the property. Mayor Scoma recessed the meeting at 9:21 pm Mayor Scoma reconvened the meeting with same members present at 9:30 pm Mayor Scoma opened the public hearing and asked for anyone wishing to speak on the item to come forward. Mr. Michael Makens, 8713 Cardinal Lane, spoke in opposition to the item. Mr. Makens owns approximately 2 acres of land on the southwest corner of Mid Cities Boulevard and Simmons Road. The property is currently zoned Light Industrial and has been for several years. He is opposed to the city changing his current designation of Light Industrial to Town Center District. Mr. Makens believes that TC zoning would only allow him to sell his property to his surrounding property owners (BISD, Blue Line Ice, and Church of Christ) and seriously downgrade his current zoning. He requests that Council not change his current zoning. Mr. Jack Pruitt, 17214 Meadow Tree Circle, Dallas is opposed to the proposed Comprehensive Land Use Plan. He was not advised of the city's intent to reclassify his property from C1 to Office zoning. He requests that Council not change his current zoning. Councilwoman Johnson wanted to make sure that citizen's are aware that the Council is not changing the zoning of their property. The Council is updating the Comprehensive Land Use Plan. Mr. Pruitt asked if Mr. Jim Makens could respond to Councilwoman Johnson comments. Mr. Jim Makens, 3200 Airport Freeway, Suite 230, Bedford, advised Council his concern is that the property has not been platted. If the property is not sold in the near future, the intent of the future Council may not be that of the current Council as it relates to the land use plan. He and Mr. Pruitt do believe it puts a foothold on the change of this property to a future use of Office. Mr. Kevin Miller, 1192 Bowling Ranch Road, Azle, is here tonight representing W.C. Jennings Company who currently owns the property that is immediately north of the City Council Minutes May 14, 2001 Page 15 Winn Dixie at Starnes and Davis. Approximately 9.5 acres of land is currently zoned C1. There is a significant area, of wetlands. They are currently working with FEMA Corp of Engineers. The property is currently being developed, and they are currently under contract to do the flood study to revise the land; the filling has been done; the survey has been authorized; and work will begin on the study in the next week or so. It is his understanding that the property is also in the process of being sold for a strip development. Mr. Miller echoes the concern of Mr. Makens. If something does not happen tomorrow and they do not get the commercial built out in the six months or few years with the land plan being changed the way it is they have seen other cities come back after the fact and down zone property. A letter was written by Doug Jennings and submitted on April 20th to the Planning and Zoning Department. Mr. Gary Wang, 7237 Davis Boulevard, is opposed to the proposed Comprehensive Land Use Plan. Mr. Wang was never given notice that the city was considering an updated plan until the last meeting in April. He has 9.3 acres tract on Davis Boulevard. The frontage along Davis Boulevard is about 332 feet and the potential frontage along proposed Hightower is 1200 feet. He would like Council to consider his request of changing the plan to show his property as Commercial. There is a section of his property that is shown as neighborhood services from Davis Boulevard frontage back approximately 322 feet. Mayor Scoma asked for anyone else wishing to speak on the item to come forward. There being no on else wishing to speak, Mayor Scoma closed the public hearing. Councilwoman Johnson asked Council to include the property owned by W.C. Jennings Company north of Winn Dixie as its existing zoning (Commercial). Councilman Trevino moved to approve Ordinance No. 2553 adopting the Update to the 1992 Comprehensive Plan, including the Update to the Land Use element, the Transportation Plan element, the strategic area maps, and the accompanying Comprehensive Plan Booklet as recommended by the Planning and Zoning Commission with the following exceptions: · Pruitt property located at Bursey and Rufe Snow go to retail · Property on the northwest corner of North Tarrant and Davis Boulevard go to neighborhood services · Property north of Winn Dixie go to retail · Property north of Hightower (Mr. Wang's property) go 500 foot back as neighborhood services Councilman Tolbert seconded the motion. City Council Minutes May 14, 2001 Page 16 Councilman Trevino confirmed Mr. Wang's concern was that he wanted to go back 500 feet and wanted to make sure he was correct. Mr. Wang said that he wanted his property to be retail and go back 500 feet. Councilman Trevino changed his motion from neighborhood services to retail for Mr. Wang's property. Councilman Tolbert withdrew his second. Mayor Pro Tern Mitchell seconded the motion. Councilman Trevino advised Council that he wants to be consistent with the rest of the property that is C4U. Councilman Trevino advised Council the property (south of Hightower) from Mr. Wang is C 1. The property across from Mr. Wang has the ability to go retail or commercial whereas, Mr. Wang's property is currently zoned agricultural and would not have the option to go retail. Councilman Tolbert requested that Councilman Trevino not contribute to having Davis looking like Rufe Snow. Councilman Tolbert asked Councilman Trevino to amend his motion to neighborhood services for Mr. Wang's property. Councilman Trevino accepted the amendment and Mayor Pro Tern Mitchell seconded the amendment. Motion to approve carried 7-0. 14. GN 2001-052 - APPOINTMENTS TO NAMING COMMITTEE APPROVED Mayor Scoma suggested Councilmen Metts, Tolbert and Trevino to the naming committee. Councilwoman Johnson moved to appoint Councilmen Metts, Tolbert and Trevino to the naming committee. Motion to approve carried 7-0. City Council Minutes May 14, 2001 Page 17 15. GN 2001-053 APPROVING MEMBERSHIP IN A POLITICAL SUBDIVISION CORPORATION FOR ELECTRIC AGGREGATION - RESOLUTION NO. 2001-036 APPROVED Mr. Greg Vick summarized item for Council. Mayor Pro Tern Mitchell moved, seconded by Councilwoman Johnson to approve GN 2001-053, Resolution No. 2001-036. Motion to approve carried 7-0. 16. GN 2001-054 - APPOINTMENT TO PLACE 4 ON THE CRIME CONTROL AND PREVENTION DISTRICT APPROVED Mayor Scoma suggested the appointment of Councilwoman Johnson to place 4 on the Crime Control and Prevention District. Councilman Metts moved to appoint Councilwoman Johnson to place 4 on the Crime Control and Prevention District, term expiring September 1, 2001. Councilman Tolbert seconded the motion. Motion to approve carried 7-0. 17. PU 2001-029 - AWARD OF BID FOR NRH20 GENERAL LIABILITY INSURANCE APPROVED Mr. Patrick Hillis, Human Resources Director, summarized item for Council. Councilman Tolbert moved to award the contract for general liability insurance for the NRH20 waterpark to Key and Piskuran/Lexington Insurance in the total amount of $41,383 plus $5,000 for certification fee for the policy term of May 24, 2001 to May 24, 2002 as recommended by staff and authorize the City Manager to execute the policy agreement. Mayor Pro Tern Mitchell seconded the motion. Motion to approve carried 7-0. City Council Minutes May 14, 2001 Page 18 18. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS · May 15 - Business Appreciation Luncheon held at BISD Fine Arts/Athletics Complex at 11 :30 am · May 19 - NRH20 opens · May 25 - "A Lotta Night Music Concert Series" held at Green Valley Park beginning at 7:00 pm · May 28 - City offices will be closed for the holiday · May 29 - Rescheduled City Council meeting beginning at 7:00 pm · BISD Historical Committee is asking the community who may have memorabilia to contact Ms. Joe Reynolds at 817-485-7738 19. ADJOURNMENT Mayor Scoma adjourned the meeting at 10:38 pm. :~~~~""""/'/ .:ct'~"'n . /'/;. ATTEst?[/ '\ ,0. r : ~. ~