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Home My WebLink AboutCC 2001-11-12 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 - NOVEMBER 12, 2001 - 5:30 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 Larry Koonce Andy Jones Jim Browne Steve Brown Kaen Bostic Patrick Hillis Mayor Mayor Pro Tern 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 Finance Director Fire Chief Park & Recreation Director Library Director Budget Director Director of Human Resources ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 5:31 p.m. DISCUSS ITEMS Agenda Item No. Item No. 13 & 14 GN 2001- FROM REGULAR 108 & GN 2001-109 - Staff was asked to clarify NOVEMBER 12, if the five percent of the gross revenues to be 2001 CITY paid to the City was based on all subscribers or COUNCIL AGENDA city subscribers only. Staff advised the five percent franchise fee would be based on gross revenue from North Richland Hills subscribers. Pre Council Minutes November 12, 2001 Page 2 Agenda Item No.1 0 - PZ 2001-28 - The City Manager advised that a letter was received earlier in the day from Christian Brothers requesting that their zoning case be continued until the November 26 City Council meeting. Mr. Cunningham advised that should Council agree to continue the item, staff's recommendation would be to open the public hearing and make a motion to continue the public hearing until November 26. Mayor Scoma inquired if there were any objections from Council to moving the item up in the agenda so interested parties would not have to wait. There were no objections from the Council. IR 2001-169 Council discussed possible dates for holding a DISCUSS joint work session with the Planning & Zoning POSSIBLE DATES Commission. Council considered November 19, FOR A WORK- but was advised there were several members of SESSION WITH the Planning & Zoning Commission that would THE PLANNING & not be able to attend on that date. Since ZONING Council preferred to meet prior to the end of the COMMISSION year if possible, staff was instructed to look at other possible dates in November and December and submit to Council for consideration. J.PitsticklS.Norwood IR 2001-170 Consensus of the Council was to cancel the DISCUSS December 24 Council meeting and schedule a DECEMBER 24, special meeting for December 17 if a second 2001 CITY meeting in December is needed. COUNCIL MEETING Pre Council Minutes November 12, 2001 Page 3 IR 2001-168 Mr. Steve Brown explained that this past year REVIEW OF the legislature appropriated funds for a new LIBRARY NON- program of direct financial aid to public libraries. RESIDENT FEE The amount of funding the City will receive is WAIVER based on whether the city charges a non- resident user fee. The City will receive approximately $12,000 the first year of the program if the non-resident user fee program is eliminated. If the City retains its non-resident fee, the city would receive approximately $8,500. Mr. Brown advised he was recommending, and the Library Board had voted unanimously to recommend, that the City rescind its non-resident fee for use of the library by Texas residents. Mr. Brown explained that the ordinance that sets the Library's non- resident fee allows for the Library Director to change the fee with the approval of the Director of Finance. Council questioned if they chose to eliminate the fee could it be reinstated later. Staff advised the Council that the fee could be reinstated later. Staff advised that if the elimination of the fee resulted in additional patronage that the Library was unable to handle, the fee could be reinstated. The consensus of the Council was to proceed with allowing the Library Director, with the approval of the Finance Director, to eliminate the fee as allowed by the ordinance. S.Brown ADJOURNMENT Mayor Scoma announced at 5:55 p.m. that the Council would adjourn to Executive Session for deliberation regarding real property under Government Code Section 551.072 for land acquisition for parks. Mayor Scoma announced at 6:42 p.m. that the Council would adjourn to the regular Council meeting. ..ì..~~""J~J" ~~7 '.. ", 1;' ,0 R '-- . . - .' . # . . {~{ r ~. :7"". .". A itÐ3=¡: "../ ,i # e , ~ ";1/ ""t}O'H''':1t...:~Y''';'~ ,..' /'~'I -,.r ,",to"" 1111 ~ ~«,;t atricia Hutson - City Secretary Charles Scoma - M .. ~-------~---_._-- 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 - NOVEMBER 12, 2001 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order November 12,2001 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 led the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS None. November 12, 2001 Page 2 City Council Minutes 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 22, 2001 B. MINUTES OF THE CITY COUNCIL MEETING OCTOBER 22, 2001 C. GN 2001-105 - APPROVE THE EXEMPTION OF CITY'S HEALTH PLAN FROM HIPAA REQUIREMENTS D. GN 2001-106 - RELEASE OF SANITARY SEWER EASEMENT ON LOT 4, BLOCK 1, HUDIBURG ADDITION - RESOLUTION NO. 2001-066 E. PW 2001-020 - AWARD OF BID TO SRO GENERAL CONTRACTING, INC. IN THE AMOUNT OF $298,000 FOR RUMFIELD ROAD, PHASE III UTILITY ADJUSTMENTS Mayor Pro Tern Mitchell moved, seconded by Councilman Trevino to approve the consent agenda. Motion to approve carried 7-0. Mayor Scoma advised council and the public he would hear agenda item 10 - PZ 2001-28. 10. PZ 2001-28 - PUBLIC HEARING TO CONSIDER A REQUEST BY CHRISTIAN BROTHERS AUTOMOTIVE ON BEHALF OF THE PROPERTY OWNER, WILLIAM PRUITT, FOR A SPECIAL USE PERMIT (SUP) ON 1.229 ACRES OF LAND FOR AN AUTOMOBILE REPAIR FACILITY LOCATED IN A C-1 RETAIL DISTRICT (LOCATED IN THE 7800 BLOCK OF RUFE SNOW DRIVE) - ORDINANCE NO. 2581 CONTINUED TO NOVEMBER 26. 2001 Mr. Lou Ten Have representing applicant, advised council they are requesting to continue case to the November 26 City Council meeting. Mr. Ten Have said this would allow him to discuss concerns with neighboring property owners. November 12, 2001 Page 3 City Council Minutes Mayor Scoma opened the Public Hearing and asked for a motion to continue the hearing until November 26, 2001. Councilwoman Johnson moved to continue PZ 2001-28, Ordinance No. 2581 to the November 26,2001 City Council meeting. Mayor Pro Tern Mitchell seconded the motion. Motion to approve carried 7-0. 7. PS 2001-27 - CONSIDERATION OF A REQUEST BY MLS PARTNERS AND ALAN HAMM FOR THE APPROVAL OF THE FINAL PLAT OF LOTS E1 & E2 BLOCK 14, RICHLAND TERRACE ADDITION (LOCATED IN THE 7700 BLOCK OF MAPLEWOOD AVENUE) APPROVED Mr. Bob Clatt, representing applicant, was present to answer questions from council. Mr. John Pitstick, Director of Development, advised council that the plat complies with the Zoning Ordinance but not with the Subdivision Ordinance. The Ordinance requires that each platted lot be tied to a public sewer line, and the new lot has not been adequately tied into the public sewer line. Staff received a letter from Ace Transmission stating that they will make the sewer tie in within 24 months. Staff also received a letter from Terry Sandlin stating he would modify the existing sewer lines if the lots were sold separately. Mr. Pitstick advised council that Mr. Sandlin will sign a covenant that would require him to modify the sanitary sewer line in the event that the property is sold separately. Staff recommends approval of this plat with the stipulation that a covenant be signed by the owner requiring sanitary sewer modifications if the land is sold separately. Mayor Pro Tern Mitchell moved to approve PS 2001-27 as recommended by staff. Councilman Metts seconded the motion. Councilman Tolbert asked Mayor Pro Tern Mitchell to amend his motion that within 12 months of the certificate of occupancy being issued or if the land is sold separately, which ever occurs first that the applicant make the necessary sewer modifications by covenant. Mayor Pro Tern Mitchell accepted the amendment. Councilman Metts seconded the amendment. Motion to approve carried 7-0. November 12, 2001 Page 4 City Council Minutes 8. PS 2001-30 - CONSIDERATION OF A REQUEST BY DAYTON MACATEE FROM MACA TEE ENGINEERING ON BEHALF OF THE PROPERTY OWNER, SKEETER AND BUCKY, L.P. FOR THE APPROVAL OF THE FINAL PLAT OF LOT 5R, BLOCK 6 TAPP ADDITION (LOCATED IN THE 6300 BLOCK OF N.E LOOP 820) APPROVED Mr. Bill Graves, representing applicant, was available to answer questions from council. Mr. Pitstick advised council the purpose of the replat is to reconfigure the existing lot pattern to accommodate a proposed Staples Office Supply development. The Development Review Committee has reviewed the plat for compliance with the Subdivision Rules and Regulations. The plat complies with the Zoning and Subdivision Ordinance. The Planning and Zoning Commission recommended approval at their October 25 meeting. Staff recommends approval of PS 2001-30 a final plat of lot 5R, Block 6, Tapp Addition as recommended by the Planning and Zoning Commission. Councilman Tolbert moved, seconded by Councilman Whitson to approve PS 2001-30. Motion to approve carried 7-0. 9. PZ 2001-23 - PUBLIC HEARING TO CONSIDER A REQUEST BY WILLIAM GRAVES ON BEHALF OF THE PROPERTY OWNER SKEETER AND BUCKY, L.P. FOR A ZONING CHANGE ON 2.25 ACRES OF LAND FROM C-2 COMMERCIAL TO PD PLANNED DEVELOPMENT AND SITE PLAN APPROVAL FOR AN OFFICE SUPPLY STORE (LOCATED IN THE 6300 BLOCK OF N.E. LOOP 820) - ORDINANCE NO. 2580 APPROVED Mr. Bill Graves was available to answer council questions. Councilman Whitson asked Mr. Graves the hours of operation. Mr. Graves advised council the hours of operation would be 10:00 am to 9:00 pm. Councilman Whitson also wanted to know if there would be sidewalks. Mr. Graves advised council there would be a sidewalk on Industrial Boulevard. November 12, 2001 Page 5 City Council Minutes Councilman Tolbert asked applicant if he would be willing to provide the following: (1) right in/right out on curb cut closest to access route; (2) isolate back area to hinder drivers from cutting through; and (3) erect a berm 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 Tolbert moved for approval of PZ 2001-23, Ordinance No. 2580 with the following stipulations that the site plan be changed to reflect a right in and right out at first cut in on Industrial Boulevard and that additional landscaping be added to the western portion of property to staff's satisfaction. Councilman Welch seconded the motion. Motion to approve carried 7-0. 10. PZ 2001-28 - PUBLIC HEARING TO CONSIDER A REQUEST BY CHRISTIAN BROTHERS AUTOMOTIVE ON BEHALF OF THE PROPERTY OWNER, WILLIAM PRUITT, FOR A SPECIAL USE PERMIT (SUP) ON 1.229 ACRES OF LAND FOR AN AUTOMOBILE REPAIR FACILITY LOCATED IN A C-1 RETAIL DISTRICT (LOCATED IN THE 7800 BLOCK OF RUFE SNOW DRIVE) - ORDINANCE NO. 2581 Item discussed earlier in the meeting. 11. PZ 2001-31 - CONSIDERATION OF A REVISED SITE PLAN APPROVAL REQUEST BY KEVIN SMITH FOR AN OFFICE BUILDING LOCATED WITHIN 200 FEET OF RESIDENTIAL PROPERTY IN THE 8200 BLOCK OF MID-CITIES BOULEVARD APPROVED Mr. Sam Knoll, representing applicant, was available to answer 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. November 12, 2001 Page 6 City Council Minutes Mayor Pro Tern Mitchell moved, seconded by Councilwoman Johnson to approve PZ 2001-31. Motion to approve carried 7-0. 12. GN 2001-107 - ELECTION OF TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS - RESOLUTION NO. 2001-068 APPROVED Councilwoman Johnson moved to approve Resolution No. 2001-068 casting 43 votes for Mike Davis. Councilman Tolbert seconded the motion. Motion to approve carried 7-0. 13. GN 2001-108 - PUBLIC HEARING TO CONSIDER AN ORDINANCE GRANTING A FRANCHISE TO LAMONT DIGITAL SYSTEMS, INC. DBA GATEHOUSE NETWORKS FOR USE OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A CABLE TELEVISION SYSTEM Mr. Russ Wyatt, representing applicant, was available to answer questions from council. Mr. Greg Vick advised council the franchise is a ten-year agreement. Mr. Vick reported on the franchise highlights. · Customer service standards are at the high level and are identical to those set by the city in the Charter franchise. · Liquidated damages are also identical to those established in the Charter franchise · Gatehouse is required to carry educational and government channels · Gatehouse has agreed to pay the city $1.00 per month per subscriber to fund Citicable. · Gatehouse must begin system construction within 90 days of City Council approval. November 12, 2001 Page 7 City Council Minutes · This is a non-exclusive franchise meaning other cable companies can build in NRH. · The city will receive an institutional network from Gatehouse with plans to use this to connect the proposed new Library and Recreation Center to the city's existing network. · Gatehouse must provide nondiscriminatory access to its cable modem service; allowing customer to have a choice in internet service providers when they sign up for internet service over the cable lines. Ms. Paulette Hartman gave council an overview of the franchise. 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. 14. GN 2001-109 - CONSIDERATION OF AN ORDINANCE GRANTING A FRANCHISE TO LAMONT DIGITAL SYSTEMS, INC. DBA GATEHOUSE NETWORKS FOR USE OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A CABLE TELEVISION SYSTEM FIRST READING - APPROVED Mayor Pro Tern Mitchell moved to pass on the first reading Ordinance No. 2582. Councilwoman Johnson seconded the motion. Motion to approve carried 7-0. 15. GN 2001-110 - CANVASSING OF THE NOVEMBER 6,2001 CHARTER AMENDMENT ELECTION - RESOLUTION NO. 2001-069 APPROVED Ms. Patricia Hutson, City Secretary, advised council they need to canvass the Charter Amendment Election. Resolution No. 2001-069 canvasses the election and declares that Proposition NO.1 that limits the pay for the Mayor and Council to $50.00 per meeting carried by a vote of 766 for and 611 against. Proposition No.2, which would provide for three-year terms failed by a vote of 640 for and 737 against. Council considered the following resolution officially canvassing the November 6,2001 Charter Amendment Election: - ~'_._-"--_.._---'-~-'-_._,-,~.._.._..~..""._~,~--~-------._-- November 12, 2001 Page 8 City Council Minutes RESOLUTION NO. 2001-069 WHEREAS, pursuant to Resolution No. 2001-44 and Resolution No. 2001-58 an election was duly held on November 6,2001 to allow voters to vote on two propositions to amend the Home Rule Charter of the City of North Richland Hills; and WHEREAS, the City Council finds that all procedural and substantive requirements were met for the holding of said election and that it was held pursuant to and in accordance with the laws of the State; and WHEREAS, the City Council canvassed the votes cast at said election and the canvass showed the following results: Proposed Charter Amendment One 766 For 611 Against Proposed Charter Amendment Two 640 For 737 Against NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The above findings and the above canvass are in all things approved. 2. The City Council declares and orders that the following numbered Proposed Charter Amendment carried: Proposed Charter Amendment No.1, limiting Council pay 3. The City Council declares and orders that the following Proposed Charter Amendment failed: Proposed Charter Amendment No.2, establishing three-year terms. 4. ~, -<_...,---_.._,.,~-~_.~-----".--_. ----'-----~~_.,- November 12, 2001 Page 9 City Council Minutes The City Secretary is ordered to cause the Charter to be changed and reprinted to reflect the changes brought about by the proposition which carried in the election of November 6,2001. Councilman Tolbert moved to approve GN 2001-110, Resolution No. 2001-069. Councilman Welch seconded the motion. Motion to approve carried 7-0. 16. PU 2001-040 - AWARD OF PROFESSIONAL SERVICES CONTRACT TO DUNKIN SIMS STOFFELS, INC. FOR THE SOUTH ELECTRIC TRAIL PROJECTS _ RESOLUTION NO. 2001-067 APPROVED Mr. Jim Browne, Park & Recreation Director, summarized item for council. Councilman Tolbert moved, seconded by Councilman Trevino to approve PU 2001-040, Resolution No. 2001-067. Motion to approve carried 7-0. Councilwoman Johnson asked staff to provide council with an update on the various parks in the city. 17. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS City offices will be closed for the Thanksgiving Holiday on November 22-23. Trash service will not be provided on Thursday, but will be collected on Friday, November 23. ..~.-.._~,.-...~--~_.._--'-~'-,,_.,_.--,._~~~-~ November 12, 2001 Page 10 City Council Minutes Police and Fire Departments will be collecting toys for families in need this holiday season. If you are interested, please bring an unwrapped toy by the Police Administration or to any of the Fire Stations by December 12. November 15 - Texas Recycles Day November 17 - Critter Connection at the North Hills Malls will be open 10:00 am - 6:00 pm 18. ADJOURNMENT Mayor Scoma adjourned the meeting at 8:13 p.m. ~'Á~~~"I'''",,,,,~, ,j '\ ~... a. ........ ~... . '":' ,J.,' n "« \ ~TTE!Th }~ "') ". ... ~' ~............,.:...... iÁ/~ ~ cLá/;(}Ud~ Patricia Hutson - City Secretary