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HomeMy WebLinkAboutCC 2001-09-24 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 - SEPTEMBER 24,2001 - 6:00 P.M. Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert T. Oscar Trevino, Jr. Larry J. Cunningham Randy Shiflet Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Paulette Hartman Mike Curtis John Pitstick Jenny Kratz Andy Jones Terry Kinzie Ross Canton Cathy Horton Larry Koonce Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary City Attorney Asst. to the City Manager Public Works Director Director of Development Public Information Director Fire Chief Information Services Director Administrative Assistant Zoning Administrator Finance Director ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p.m. DISCUSS ITEMS None. FROM REGULAR SEPTEMBER 24, 2001 CITY COUNCIL AGENDA Mr. Mike Curtis advised council at their last IR 2001-141 meeting there were concerns raised regarding REVIEW OF ROAD the City's road hump policy. Mr. Curtis reviewed HUMP POLICY the policy and noticed that most of the concerns raised are addressed in the ordinance. Council concerns that were addressed in the ordinance are: traffic studies are utilized to determine if road humps are necessary, minimum and maximum spacing requirements, and the geometric of the street. The majority of the Pre Council Minutes September 24,2001 Page 2 concerns are covered by the current ordinance. In reviewing the ordinance Mr. Curtis advised council there were some areas that could be modified. Staff is seeking direction and suggestions from council for the following: - Currently, the petition must document that two-thirds (2/3) of residents are in support of the road humps. There is an option to increase the percentage. An example would require 80% support from residents. The ordinance has a provision where the neighborhood has the option of appealing staff's decision. If the staff conducts a traffic study and determines the street does not meet the requirements for road humps; the applicant can get 80% of the neighborhood to agree to repeal the ordinance and bring before council. The change to increase percentage to 80% would be consistent with the provision that requires 80% of the neighborhood to repeal staff's decision. - Currently residents are being charged $250 per road hump for the first two and then $150 for each additional road hump. Council may elect to increase the charge for road humps. - Currently the spacing criterion for road humps is 200 feet to 400 feet. Council may elect to change spacing to 400 feet. The ordinance could also be revised to require all streets reconstructed with road humps need to be reconstructed based on the "new" spacing criteria. Council discussed the options. Councilman Metts would like the city to recoup 100% cost of construction for the road humps. Councilman Metts would also like to see the humps closer to 400 feet. Councilman Trevino suggests that the road Pre Council Minutes September 24,2001 Page 3 humps on Little Ranch road be re-evaluated. The humps on Little Ranch appear to be higher than other road humps in the city. Councilman Trevino believes that the road humps need to be standardized by design and make sure they are built to spec. Mr. Cunningham clarified for council when streets that currently have road humps are reconstructed the road humps will be reconstructed to ordinance. Council consensus was to move forward with M.Curtis/S.Norwood the three options presented by staff. IR 2001-142 Mr. Curtis advised council that staff recently BROWN FIELDS received information from Tarrant County PILOT PROGRAM Community Development Division (TCCDD) regarding the Brownfields Pilot Program. A brownfield is defined as an abandoned, idled, or underused property where expansion or redevelopment is complicated by real or perceived contamination. Brownfield sites include, but are not limited to: abandoned factories or industrial facilities, automotive service stations, and dry cleaning stores. Tarrant County has made funding available through the Brownfield Pilot Program to cover site assessment and remediation planning costs. Tarrant County's role in this program is to provide technical support, planning assistance and oversight of the process. Staff is looking to complete an application and participate in this program. The target property is 4101 Rufe Snow Drive, which is currently idle. This property was a Citgo gas station and the tanks have since been removed. Two possible uses that will be identified on the application will be (1) paving over the property as part of Rufe Snow Drive widening project, or (2) redeveloping the property for commercial uses. Mr. Curtis advised council that Ms. Deborah Siefert, Brownfields Program Manager, said it would take a few weeks to review the application once it was received by her office. Pre Council Minutes September 24, 2001 Page 4 Ms. Siefert advised staff that the property at 4101 Rufe Snow Drive appears to be a good candidate for the program. Ms. Siefert indicated that the property owner's permissions and cooperation was essential. Staff advised council prior to submitting application they would be in contact with the property owner and further investigate the implications for the property owner. Council asked if Tarrant County would be responsible for cleaning up the property. Staff advised council that the property owner would be the responsible party. Council consensus was to move ahead with the M.Curtis submittal of the application. IR 2001-144 Ms. Cathy Horton provided council with an REVIEW STATUS overview of proposed changes for the zoning OF POSSIBLE ordinance. The Planning and Zoning ZONING Commission have discussed the proposed ORDINANCE changes to the zoning ordinance. REVISIONS - PLANNING AND Zoning reclassifications ZONING UPDATE - Changing LR (Local Retail) to NS (Neighborhood Services), C-1 (Commercial) to R (Retail) and C-2 (Commercial) to C (Commercial). New Land Uses - Specialty Personal Service Shops - New category for social service facilities with temporary living quarters will be permitted in the office, commercial and industrial district with a special use permit. Incidental Outside Display - To be allowed in front of retail establishments such as grocery stores and retail shopping centers. Pre Council Minutes September 24, 2001 Page 5 Proposed Residential Developments - Barnett Tract a 45 acre parcel on Davis Boulevard north of the HomeTown development. - Billy Graham property (75 acres) southeast of Rufe Snow and Hightower Front Yard Fences in Residential Areas - Clarifies fencing requirements for front yards in residential zoning districts. Ornamental fences less than 4 feet in height will not be required to have masonry columns. All ornamental fences greater than 4 feet in height will be required to have masonry columns at least every 30 feet of length. Architectural Requirements - A new ordinance is being proposed to provide more flexibility to designers and developers of commercial structures in terms of design features in building facades rather than just building articulation. Council consensus was to wait until their work J.Pitstick session to hear the details of zoning changes and categories. IR 2001-143 NEW Ms. Patricia Hutson, City Secretary, advised VOTING SYSTEM council that Tarrant County will be utilizing a new voting system during the November 6 election. They will be using a Direct Record Electronic System (DRE). The DRE will be replacing the voting machines that the county and city have used for years. The DRE system will not have paper ballots. Voters will cast their votes directly on the electronic screen. The County will be using the new system during early voting only and the regular system of paper ballots will be used on Election Day. P.Hutson ADJOURNMENT Mayor Scoma announced at 6:46 p.m. that the Pre Council Minutes September 24,2001 Page 6 Council would adjourn to the regular City Council meetina. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 24, 2001 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order September 24,2001 at 7:00 p.m. Present: Charles Scoma Russell Mitchell Lyle E. Welch Frank Metts, Jr. JoAnn Johnson David Whitson Joe D. Tolbert 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 Tern Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Deputy City Manager Assistant City Manager Managing Director of Community Services City Secretary Assistant City Secretary Attorney 2. INVOCATION Mayor Pro Tern Mitchell gave the invocation. 3. PLEDGE OF ALLEGIANCE The girls from Brownie Troop 1132 led the pledge. 4. SPECIAL PRESENTATIONS YARD OF THE MONTH AWARDS City Council Minutes September 24, 2001 Page 2 Ms. Patsy Tucker and Councilman Metts acknowledged the following recipients: Jay & Melissa McSpadden, 4408 Diamond Loch North; Bill & Pam Wright 7229 Riviera; Toni & Justin McWilliams, 6317 Skylark; Diannå Isaacs, 7600 Palomar; Lynn Godwin, 8000 Irish; Mel & Mary D. Follis, 9249 Meandering Drive; Richard & Cheryl Morton, 7801 Miracle Lane; and Ken & Debbie Burroughs, 7836 Cloverleaf. PROCLAMATION - FIRE DEPARTMENT Mayor Scoma recognized Fire Chief Andy Jones and members of the fire department for their unselfish assistance in raising funds for the New York 9-1-1 Relief Fund. PROCLAMATION - DAN ECHOLS SENIOR CENTER Mayor Scoma acknowledged Marlin Miller and members of the Dan Echols Senior Center for their contribution to the families of the brave Fire Fighters and Police Officers who lost their lives. The Dan Echols Senior Center elected not to have their annual thanksgiving dinner and donate the funds to the families of the fallen Fire Fighters and Police Officers. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Mayor Pro Tern Mitchell removed item 6F. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING SEPTEMBER 10, 2001 B. MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 10, 2001 C. GN 2001-095 - CONTRACT AUTHORIZING PASS-THROUGH STATE GRANT AGREEMENT FOR NETS D. PU 2001-038 - APPROVE MICROSOFT PC SOFTWARE PURCHASE WITH SHI GOVERNMENT SOLUTIONS - RESOLUTION NO. 2001-054 E. PW 2001-018 - APPROVE WASTEWATER TRANSPORTATION CONTRACT WITH TRINITY RIVER AUTHORITY FOR THE WALKER-CALLOWAY OUTFALL TRUNK SEWER - RESOLUTION NO. 2001-055 F. REMOVED City Council Minutes September 24, 2001 Page 3 Mayor Pro Tern Mitchell moved, seconded by Councilman Trevino, to approve the remaining items on the consent agenda. Motion to approve carried 7-0. 6F. PW 2001-019 - AWARD OF BID FOR HOLIDAY LANE AT TRINIDAD TRAFFIC SIGNAL LIGHT INSTALLATION TO ROADWAY SOLUTIONS IN THE AMOUNT OF $64,927 APPROVED Mr. Mike Curtis, Director of Public Works, summarized item for council. Mayor Pro Tern Mitchell asked staff who would be responsible for the construction cost of the signal light. Mr. Curtis advised council the city would be paying 90% and the developer would pay 10%. Mayor Pro Tem Mitchell moved, seconded by Councilman Tolbert to approve PW 2001- 019. Motion to approve carried 7-0. 7(A). GN 2001-096 - APPROVE CITY/DEVELOPER AGREEMENT FOR NORTH TARRANT PARKWAY - RESOLUTION NO. 2001-057 APPROVED Mr. John Pitstick, Director of Development, advised council the developer of Wal-Mart Super Store is required to make improvements to North Tarrant Parkway (NTP) prior to the completion of the development. The city has plans to improve NTP, and the developer has agreed to enter into an agreement with the city in order to make the necessary roadway improvements. The city/developer agreement outlines the following responsibilities for each party: - The city will reconstruct and widen NTP from Precinct Line Road to a point located approximately 1,000 feet west of Davis Boulevard. - Wal-Mart will be billed by the city for its share of the NTP improvements, in an amount not to exceed $900,000, no later than 10 days after the official bids are opened for the project. City Council Minutes September 24,2001 Page 4 - Wal-Mart will construct the required offsite drainage improvements in accordance with the "Final Plans Thornbridge Plaza Box Culvert" plans. - The city will pay Wal-Mart one-third (1/3) of the cost for the offsite drainage not to exceed $133,548.22. The city's share of the offsite drainage will be deducted from Wal-Mart's share of the NTP improvements. Mr. Pitstick advised Council he received a letter this afternoon from Mr. Tom Galbreath of Dunaway Associations who represent Wal-Mart. The letter explains that Wal-Mart would like to explore some additional language. Wal-Mart would like to include the following: · Addition of a "self help" clause in the event that the city's progress on construction for some unforeseeable reason is delayed, then Wal-Mart would have the ability to utilize the money they are required to escrow to make their own improvements for their half of the street. · Tie NTP construction schedule with key milestones identified to be a part of the developer agreement. · Timing of the payments correlate with the actual construction rather than paying the total lump sum up front. Mr. Pitstick advised council that staff did not have any concerns with the "self help" clause or tying the NTP construction schedule to the key milestones. City Attorney Rex McEntire introduced before council the letter from Dunaway Associates. Mr. McEntire advised council that staff and legal do not have a problem with the first and second request. However, staff and legal do not agree to the third request. Mr. McEntire provided the following motion for council consideration. "To pass GN 2001-096, Resolution NO.2001-057 with the following addition: the staff is authorized to make changes in the agreement to meet the following concerns by the developer. (1) a "self help" clause in the event the city does not meet its obligation to build the NTP; (2) a section in the contract setting forth a schedule for the construction of NTP; and (3) the changes must be approved by the city manager and city attorney before it becomes part of the agreement. Mr. Tom Galbreath, representing applicant appeared before the council. Mr. Galbreath advised council that Wal-Mart is okay with dropping the third request. However, Wal- Mart would like to have the other two requests that Mr. McEntire is prepared to modify. Council discussed Mr. McEntire's suggested motion. Councilman Tolbert noted for the record that the council did not receive the letter from Dunaway Associates in their agenda packet. Councilman Tolbert does not consider the changes to the contract as and take over of NTP construction as minor. City Council Minutes September 24,2001 Page 5 Councilman Tolbert advised that he did not feel comfortable voting on the changes in the contract without having it in writing and before council to view prior to the meeting. Councilman Tolbert asked Mr. Galbreath if there is any reason for him not to table this item until the next council meeting. Mr. Galbreath advised council it is contingent on council's comfort level. Wal-Mart is only acting on previous dealings with other municipalities. Mr. Galbreath advised council he had no problem if council tabled the agreement; he is mainly concerned that the plat be approved tonight. Councilman Trevino asked Mr. Curtis if the box culvert is being bid as a separate project, or if it is lumped into Wal-Mart's total site development package. Councilman Trevino also inquired if there would be a chance of an off balance where the city would have to eat the off-balance cost of the box culvert. Mr. Curtis advised council his understanding of the process is Wal-Mart's contractor will construct the box culvert. Mr. Curtis is not sure if it will be part of Wal-Mart's site. The bid items will be broken out so the city can see what the actual cost will be for the offsite storm drainage. The city's share will not exceed $133,548.22. Mr. Curtis advised council the dollar amount the city's share will not exceed was determined by a bid from the developer obtained two years ago. Wal-Mart agreed they would construct the offsite drainage improvements and that the city would pay our share. The share being based on the bid taken two years ago from Mr. Barfield. Councilwoman Johnson asked Mr. McEntire if there are any rules that need to go along with the item if council should choose to table. Mr. McEntire advised council that this item would be no problem. Council would need to make motion to table this item until the next council meeting. The next item is a plat and the city is still within the grace period of 30 days. Mr. Pitstick advised council that the agreement is tied to the plat and should council elect to postpone, they should postpone the agreement and plat. Councilwoman Johnson moved to table GN 2001-096, Resolution No. 2001-057 until October 8,2001. Councilman Tolbert seconded the motion. Motion to approve carried 7-0. (This item was reconsidered during agenda item 7B). 7(B). PS 2001-15 - CONSIDER THE REQUEST FROM TOM GALBREATH FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1-7, BLOCK 1, WAL-MART ADDITION City Council Minutes September 24,2001 Page 6 (LOCATED EAST OF DAVIS BOULEVARD, WEST OF PRECINCT LINE ROAD AND NORTH OF NORTH TARRANT PARKWAY) APPROVED Mayor Scoma advised council they heard discussion relating to the contract being tied to the final plat. Councilwoman Johnson moved to table PS 2001-15 until October 8, 2001. Councilman Tolbert seconded the motion. Mr. Galbreath advised council of Wal-Mart's need to have the plat approved tonight so they can move forward with their project. Wal-Mart would like the flexibility in the contract, but they do not want to delay approval of the plat. City Manager Larry Cunningham suggested that council might want to reconsider their action taken on GN 2001-096 and PS 2001-15. Should council reconsider their action and approve GN 2001-096 as originally submitted staff will bring back the modified city/developer agreement with changes as discussed by Mr. Galbreath, Mr. McEntire, and council. If the council feels comfortable with the modified agreement they can approve or elect to stay with current city/developer agreement. Councilman Tolbert confirmed that Mr. Galbreath is accepting the city/developer agreement as it is tonight. Anytime in the future if applicant wants to come back and discuss the agreement council can take it on its merit at that time. Councilwoman Johnson withdrew the motion to table PS 2001-15. Councilman Tolbert withdrew his second to the motion. Mayor advised council he was going to return to GN 2001-096, Resolution No. 2001-057 for council reconsideration. Councilwoman Johnson moved to reconsider GN 2001-096, Resolution No. 2001-057. Councilman Tolbert seconded the motion. Motion to approve carried 7-0. Councilwoman Johnson moved to approve GN 2001-096, Resolution No. 2001-057. Councilman Tolbert seconded the motion. Motion to approve carried 7-0. Council continued discussion on PS 2001-15. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances. Mr. Pitstick advised council that the seven lots are under a PD. Lot 1 is for the Super Wal-Mart. The other lots would require a site plan approval. A City Council Minutes September 24,2001 Page 7 traffic impact analysis was performed and Shady Grove has been eliminated as a street east of Davis Boulevard. The Shady Grove intersection indicates a right-in/right-out from the Wal-Mart site. The Planning and Zoning Commission recommended approval of PS 2001-15. Councilman Trevino reconfirmed that Lot 2 - 7 will not have any more cuts into North Tarrant Parkway, Precinct Line, or Davis Boulevard other than shown on site plan. Mr. Pitstick advised council there is one cut on the northern part of Lot 7. The cut is full access. Mayor Pro Tern Mitchell moved to approve PS 2001-15. Councilman Whitson seconded the motion. Motion to approve carried 7-0. 8. PS 2001-25 - CONSIDERATION OF A REQUEST FROM ROBERT BALDWIN REPRESENTING CVS PHARMACY FOR THE APPROVAL OF A FINAL PLAT OF LOTS 1-R, 2 AND 3, BLOCK 1 HOME DEPOT ADDITION (LOCATED AT THE NORTHWEST CORNER OF PRECINCT LINE ROAD AND MID-CITIES BOULEVARD) APPROVED Mr. Robert Reeves, representing applicant, was available for 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. Councilman Metts moved, seconded by Councilman Trevino to approve PS 2001-25. Motion to approve carried 7-0. City Council Minutes September 24, 2001 Page 8 9. PZ 2001-20 - PUBLIC HEARING TO CONSIDER A REQUEST FROM MARVIN SMITH AND C.A. SANFORD, ON BEHALF OF THE PROPERTY OWNER M&J CONSTRUCTION, FOR A ZONING CHANGE ON .34 ACRES OF LAND FROM C-2 COMMERCIAL TO PD PLANNED DEVELOPMENT FOR AN OFFICE DEVELOPMENT (LOCATED IN THE 8000 BLOCK OF MAIN STREET - ORDINANCE NO. 2570 APPROVED Mr. CA Sanford, 6617 Carston Court, summarized request and was available for council questions. Councilman Tolbert asked Mr. Sanford if they would include shrubbery along Snider. Mr. Sanford advised council they would not have a problem including shrubbery along Snider. Mr. John Pitstick, Director of Development, addressed the request as it relates to city codes and ordinances. The applicant is requesting the following variances: · reduction of the required 25' foot building setback · waiver from dedicating additional Main Street ROW · reduction of the required 15" landscape setback on Snider Street · use of non-masonry materials (wood/corrugated metal roof overhang). The Planning and Zoning Commission recommended approval with the following stipulations: remove reference to fire lane - label handicapped parking space(s) - note proposed sign above building entrance The applicant has submitted a revised site and elevation plan that addresses these stipulations. Staff recommends approval of PZ 2001-20, Ordinance No. 2570 contingent on approval of a revision of the Thoroughfare Plan reducing the right of way for Main Street as part of the approval of the replat of this property. 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 September 24,2001 Page 9 Councilman Metts moved to approve PZ 2001-20, Ordinance No. 2570 as recommended by staff. Councilman Welch seconded the motion. Councilman Tolbert asked Councilman Metts to consider an amendment to include screening shrubs along the one parking space parallel to Snider and east to the building. Councilman Metts accepted the amendment. Councilman Welch seconded the amendment. Motion to approve carried 7-0. 10. GN 2001-097 - RESOLUTION SUPPORTING CITIES AUTHORITY TO REGULATE THE LOCATION OF MANUFACTURED HOUSING - RESOLUTION NO. 2001-056 APPROVED Mr. Greg Vick summarized item for council. Mr. Vick advised council of one error on the coversheet. The population threshold for traffic signal maintenance was not passed by legislation. Councilwoman Johnson moved, seconded by Mayor Pro Tern Mitchell to approve GN 2001-097, Resolution No. 2001-056. Motion to approve carried 7-0. 11. (A) CITIZENS PRESENTATION Marlin Miller, 5109 Susan Lee Lane, advised council that the Dan Echols Senior Center collected 118 toys at their Christmas in September event. Mr. Miller also mentioned a couple of areas in town that had high grass. (B) INFORMATION AND REPORTS · North Richland Hills Library now has a DVD collection. · Texas Department of Transportation is hosting a ribbon cutting ceremony for the Northeast Interchange on Friday, October 12. The ceremony will begin at 10:00 a.m. Congresswoman Granger will be speaking. City Council Minutes September 24, 2001 Page 10 · Critter Connection open at North Hills Mall October 6 - 10:00 a.m. to 6:00 p.m. · October 13th - Fire Department Open house will be held at Fire Station #4, 7202 Dick Fisher Drive; 10:00 a.m. 16. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:27 p.m. " '~' I!..<:,\..",; iIo.oIv ' ", "".f.', .';.--...... V~' 1§!"" '-'.' ....' ~, .~ ~. .... n ".-.r. ~l;¡ r "¡~~ A~~,:: h .if: ~ " ' ~~. ø~;:1~ Patricia Hutson - City Secretary