HomeMy WebLinkAboutCC 2001-12-10 Minutes
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 - DECEMBER 10,2001 - 6:00 P.M.
Present:
Charles Scoma
Russell Mitchell
Lyle E. Welch
Frank Metts, Jr.
JoAnn Johnson
David Whitson
Joe D. Tolbert
T. Oscar Trevino, Jr.
Mayor
Mayor Pro Tern
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Alicia Richardson
Rex McEntire
Paulette Hartman
John Pitstick
Jenny Kratz
Larry Koonce
Mike Curtis
Penny Peterson
Andy Jones
Sean Hughes
Donna Enos
Thomas Powell
City Manager
Deputy City Manager
Assistant City Manager
Managing Director Community Services
Assistant City Secretary
City Attorney
Asst. to the City Manager
Director of Development
Public Information Director
Finance Director
Public Works Director
Acting Building Official
Fire Chief
Acting Emergency Management Coordinator
Purchasing Agent
Director of Support Services
Absent:
Patricia Hutson
City Secretary
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at
5:30 p.m.
DISCUSS ITEMS Agenda Item No. 6h PW 2001-021 -
FROM REGULAR Councilwoman Johnson was interested in what
DECEMBER 10, process the city is taking to inspect the work as
2001 CITY it is being completed.
COUNCIL AGENDA
Mr. Curtis advised council that staff would be
contracting with an outside testing firm to do the
testing on the tank repainting and rehabilitation //~
Pre Council Minutes
December 10, 2001
Page 2
work. The testing and oversight will be
conducted throughout the process of the project.
Councilwoman Johnson asked Mr. Cunningham
to monitor the security around the storage tank.
DISCUSS ITEMS
FROM REGULAR Mr. Curtis advised council that the tank would
DECEMBER 10, be drained and there would not be any water
2001 CITY and it will not be operating.
COUNCIL AGENDA Councilman Trevino asked staff when the last
(Continued)
time the tank had been painted.
Mr. Richard Albin of Knowlton-English-Flowers
advised council it had been painted in
1982/1983.
Councilman Trevino asked staff if they
anticipated running into lead paint.
Mr. Albin advised council a test would be
performed to verify that there is no lead in the NAN
under coatings.
Agenda Item No. 6g PU 2001-047-
Councilman Trevino asked staff why the city
accepted a bid from a vendor who has been
removed from the bid list.
Mr. Powell advised council that the bidder saw
the ad in the paper and requested a bid
package.
Mr. Cunningham advised council that staff could
remove an individual or business from the bid
list, but could not preclude businesses from
bidding. If a bid is submitted the city is obligated
to open bid. In this particular case staff feels
there is justification in not awarding the bid to
this particular business due to their past NAN
performance.
Agenda Item No. 10 GN 2001-115-
Councilman Metts asked for clarification. It is
his understanding that council is being asked to
adopt and then extend it for a year.
Pre Council Minutes
December 10, 2001
Page 3
Mr. Cunningham advised council that the
owners of the mall asked that the abatement be
extended a year. Staff is recommending that
council approve the abatements as originally
recommended, and staff will come back next
Monday and ask that the operating agreement
be extended for one year. The extension will
refer to the time the mall has to be leased up to NAN
75%.
Agenda Item No.8 PZ 2001-30 - Councilman
Whitson asked staff if they knew of any near or
long term use of tract 1 .
Mayor Scoma advised council that they could NAN
ask a representative of Birdville Independent
School District during the public hearing.
IR 2001-185 Mr. Pitstick advised council that members of the
DISCUSS VARIOUS committee from the Technical Code Review
REVISIONS AND were present to recommend their findings.
ADOPTION OF THE
RESIDENTIAL Mr. Pitstick advised council that currently the
CODE, city is under the 1991 Uniformed Codes
ELECTRICAL (Plumbing, Building, and Mechanical) and the
CODE, 1996 National Electrical Code.
SUPPLEMENTAL
DEVELOPMENT Mr. Pitstick introduced Penny Peterson, Acting
CODE AND Building Official and Chairman Mark Alexander.
BUILDING Mr. Alexander introduced members of the
DEVELOPMENT Technical Code Review Committee who were
FEE SCHEDULE present.
Mr. Alexander advised council that the state has
mandated that the 2000 International
Residential Code and the 2000 International
Energy Code be adopted. The Residential
Code has to be adopted by January 1, 2002,
which is one recommendation from the
committee, and the Energy Code needs to be
adopted by September 1 ,2002. The committee
proposes the following proposals to be effective
January 1, 2002.
. 2000 International Residential Code with a
couple minor exceptions
Pre Council Minutes
December 10, 2001
Page 4
· 2002 Supplemental Development Code
· 1999 National Electrical Code
· 2002 Fee Schedule
The committee voted unanimously to adopt the
four proposals presented to council tonight. The
committee also approved a code adoption
agenda. Due to the vastness of the task before
the committee and the city the committee
proposes to implement the code adoptions in
phases. In March 2002 staff plans to bring
forward for adoption the 2000 International
Plumbing and Mechanical Codes. In June 2002
staff will bring forward the 2000 International
Building, Fire, Energy Codes and the 2001
International Energy Supplement.
Mr. Alexander advised council that the city will
be in line with other municipalities.
Mr. Pitstick gave council an overview of the
code adoption agenda.
January 1, 2002
2002 International Residential Code
2002 NRH Supplemental Development Code
1999 National Electrical Code
2002 Fee Schedule
March 2002
2000 International Plumbing Code
2000 International Mechanical Code
June 2002
2000 International Building Code
2000 International Energy Conservation Code
2001 International Energy Supplement
2000 International Fire Code
Mr. Pitstick reminded council of an ordinance
passed last year that would allow the Finance
Director to upgrade the fees by the consumer
price index. Currently the city is 10%-12%
behind on fees. The committee has meet and is
Pre Council Minutes
December 10, 2001
Page 5
recommending a 5% maximum increase for the
basic building permit fees.
Mayor Scoma asked Mr. Pitstick if the fee study
done earlier in the year included building fees.
Mr. Cunningham advised council on the building
codes the city was behind on the adoption of the
actual code and staff went to the next code
(1997) and adopted those fees, with the
understanding that a committee would be
appointed to review the codes and fees. Staff
felt it best to increase the fees in conjunction
with adopting the new codes.
Councilman Welch asked staff if the city needs
the money to substantiate the increase in fees.
Mr. Cunningham advised council that an outside
firm did a cost of services so the city can have
an objective view. The city was behind not only
in the cost of service recovery, but also behind
in the codes itself. The current fee is below the
city's cost.
Councilwoman Johnson would like to know if the
builders could be invited to a meeting to advise
them of the new codes.
Mr. Pitstick advised council that staff was
considering an open house for the builders
when the codes get adopted.
Mr. Pitstick advised council that the 1999
National Electrical Code has a requirement for a
circuit breaker, and the committee is asking that
this requirement not be included in the code
until it can be tried, which at a later time it can J.Pitstick
be adopted in the code.
EXECUTIVE Mayor Scoma announced at 6:01 p.m. that the
SESSION & Council would adjourn to Executive Session for
ADJOURNMENT personnel matters under Government Code
Section 551.074 - Appointment of City Attorney.
Mayor Scoma announced at 6:57 p.m. that the
Council would adjourn to the regular Council
meetinq.
Pre Council Minutes
December 10, 2001
Page 6
ATTEST:
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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 - DECEMBER 10, 2001 -7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order December 10,2001 at 7:03 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
Mayor Pro Tem
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
Students from Smithfield Middle School led the invocation.
3.
PLEDGE OF ALLEGIANCE
Students from Smithfield Middle School led the pledge.
4.
SPECIAL PRESENTATIONS
City Council Minutes
December 10, 2001
Page 2
CHRISTMAS LIGHTING AWARDS CONTEST
Mayor Scoma and Patsy Tucker presented certificates to the following recipients of the
Christmas Lighting Awards Contest.
Concezio & Dolores Casilio, 3617 Holland; David & Gloria Herrera, 6908
Corona; Lanny & Ethel Wadleigh, 4913 Tamra; Mike & Dari Jones, 7121
Bahama Ct.; Cody Martin, 5641 Cork Lane, Ed & Betty Jones, 7208 Chapman;
Mike & Anita Noah, 8213 Kentwood Dr.; Bob, Carolyn & Corky Waterson, 7332
Tipperary Ct.; and David & Cheryl Mobley, 7925 Christina
RECOGNITION: "NIGHT OF HOLIDAY MAGIC COMMITTEE"
Mr. Cunningham thanked and recognized the following members for an outstanding job.
Vickie Loftice, Pam Burney, Stacy Smith, Steve Brown, Debbie Durko, Ken
Raney, Jenny Kratz, Paulette Hartman, Clifton Beck, Sharon Davis, Gary
Bechthold, Rob Elder, Andy Kancel, Cary King, Debbie York, and Jimmy Cates.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A) MINUTES OF THE PRE-COUNCIL MEETING NOVEMBER 26, 2001
B) MINUTES OF THE CITY COUNCIL MEETING NOVEMBER 26, 2001
C.) PU 2001-043 APPROVE UPGRADE OF OUTDOOR EMERGENCY WARNING
SIREN SYSTEM TO AMERICAN COMMUNICATIONS IN THE AMOUNT OF
$25,525.00 AND AMEND CIP BUDGET
D) PU 2001-044 APPROVE PURCHASE OF A NEW TYPE 1 AMBULANCE TO
FRAZER, INC., IN THE AMOUNT OF $124,145.00
E) PU 2001-045 AWARD ANNUAL CONTRACT FOR TOP SOIL, SAND AND
FLEX BASE TO HJG TRUCKING IN THE AMOUNT OF $58,900
F) PU 2001-046 AWARD BID FOR ANNUAL SHIRT CONTRACT TO ACTIVE
IMPRESSIONS
City Council Minutes
December 10, 2001
Page 3
G) PU 2001-047 AWARD BID FOR POLICE DEPARTMENT HVAC
REPLACEMENT TO KLUND SERVICES IN THE AMOUNT OF $27,650
H) PW 2001-021 AWARD OF BID TO CHAMPION COATINGS, INC., IN THE
AMOUNT OF $375,600 FOR THE DAVIS BOULEVARD ELEVATED STORAGE
TANK REPAINTING AND REHABILITATION 2001
Mayor Pro Tern Mitchell moved, seconded by Councilman Whitson to approve the
consent agenda.
Motion to approve carried 7-0.
7.
PS 2001-29 CONSIDERATION OF A REQUEST BY EARNEST HEDGCOTH
REPRESENTING THE PROPERTY OWNERS FOR THE APPROVAL OF A FINAL
PLAT OF LOTS 1-11, BLOCK 1 & LOT 1-7, BLOCK 2, ROYAL OAKS ADDITION AT
THE SOUTHWEST CORNER OF THE INTERSECTION OF RUMFIELD ROAD AND
SPRING OAK DRIVE
APPROVED
Mr. Hedgcoth advised council he was proposing to construct 20 lots along the five-acre
tract of land. A street will be constructed, which will be tied into Spring Oak on the east
side and come into Rumfield on the north side. An existing pond on the property will be
drained, after which will be compacted and filled.
Mayor Scoma inquired about the draining of the pond. Mayor Scoma wanted to know if
the pond would be drained under or above ground and where the water will drained.
Mr. Hedgcoth advised council that the initial draining would consist of cutting a hole into
the existing pond. The pond will drain under Spring Oak Drive into the creek that runs
into Little Bear Creek. Mr. Hedgcoth advised council there were (2) two fifty-inch pipes
under Spring Oak Drive that will carry the water.
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 that there is one lot that will be
dedicated to the parkland dedication, which will be used to tie into the trail system in
lieu of the parkland dedication fee.
Councilwoman Johnson moved to approve PS 2001-29 a final plat of Lots 1-11, Block 1
and Lots 1-7, Block 2 Royal Oaks Addition. Councilman Welch seconded the motion.
City Council Minutes
December 10, 2001
Page 4
Councilman Trevino advised council that staff had not received any information
pertaining to the status of tree preservation and proposed landscaping. Councilman
Trevino asked if council should include in their motion.
Mr. Pitstick advised council that staff has information on the tree preservation and
proposed landscaping, but have not formally received it. Mr. Pitstick advised council
there are trees on the far southern side on the back lot. If the grading portion does not
disrupt the trees staff will work with applicant to preserve the trees. In the event the
trees are removed, they will have to be replaced per the tree ordinance.
Motion to approve carried 7-0.
8.
PZ 2001-30 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE BIRDVILLE
INDEPENDENT SCHOOL DISTRICT FOR ZONING CHANGES ON TWO TRACTS OF
LAND LOCATED IN THE JOHN C. YATES SURVEY, ABSTRACT NO. 1753, TRACT
NO.1 (10.67 ACRES) FROM C-1 RETAIL TO U-INSTITUTIONAL AND TRACT NO.2
(1.87 ACRES) FROM C-1 RETAIL TO L-1 LIGHT INDUSTRIAL (LOCATED SOUTH
OF MID-CITIES BOULEVARD AND EAST OF RUFE SNOW DRIVE) - ORDINANCE
NO. 2588
APPROVED
Councilman Trevino stated that he was signator to the agreement on item number
8 with BISD and is a partner with the construction company on item 9, and as
such he will abstain from the discussion and the vote for both items.
Councilman Trevino left the room at 7:35 pm.
Dr. David Brewer, Associate Superintendent with Birdville Independent School District
(BISD), advised council the request for a zoning change for the 10-acre tract from C-1
Retail to U Institutional is in preparation for the potential of an elementary school being
constructed on the site sometime in the future. The request for the second change is
for a temporary agreement that BISD has had with J.L. Steel for a temporary batch
plant for two years which will revert back to C-1, at which time BISD will approach
council and ask for a change in zoning to U Institutional. Dr. Brewer and staff have
discussed the possibility of including an automatic change from 1-1 Light Industrial to U
Institutional at the end of 24 months. Dr. Brewer reiterated that BISD plans to construct
an elementary school on the site. The BISD board has not designated when that
construction time will begin.
Mayor Scoma asked Dr. Brewer if the board and administrative staff is receptive to the
idea of having an automatic reversal of the zoning within two years or the date which
has been established.
City Council Minutes
December 10, 2001
Page 5
Mayor Scoma noted for the record that "should action be taken to automatically reverse
this zoning at a future time that there will be a process that the city, staff would go
through from a public notification standpoint."
Mr. Pitstick advised council the current property which is owned by the school is all
zoned C-1 Commercial. There is a portion around 250 feet along the frontage of Mid
Cites Boulevard that is being left as C-1 Commercial. A request has been made on
Tract 1 for U Institutional, which would be appropriate for school use. BISD is also
requesting 1 .87 acres on the property closest to the railroad tracks for a temporary
concrete batch plant (item 9). BISD has also indicated that at the end of two years they
would be willing to request that zoning be converted to U Institutional. This property is
listed as U Institutional on the Comprehensive Land Use Plan. Mr. Pitstick advised
council that staff would not normally be in favor of rezoning property for Light Industrial
in this location, but based on a temporary and as long as staff can come back and
rezone as Institutional. The Planning and Zoning Commission recommend approval of
request.
Councilman Whitson asked for clarification whether the property to the west is zoned as
Mulit-Family. Councilman Whitson wanted to know if staff is aware of any near term
development of the property.
Mr. Pitstick advised council that staff has talked to developers in that area, but have not
received any formal applications.
Mayor Scoma asked Mr. Pitstick if he could foresee any negative impact for any future
development to the west side of the property.
Mr. Pitstick advised council there would be an engineering and zoning approval that
would be required. In addition to the approval, streets would need to be constructed
and Mr. Pitstick did not think there would be anyone living there within two years.
However, there could be construction going on during the time frame that the cement
batch plant is located on the property.
Councilman Tolbert asked Mr. Pitstick if he was aware of any agreement between J.L.
Steel and the school district.
Mr. Pitstick advised council it was his understanding that there is an agreement.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak in
favor of the zoning change to come forward. There being no one wishing to speak,
Mayor Scoma asked for anyone wishing to speak in opposition to come forward. The
following people spoke in opposition: Morris Wright, 5708 Puerto Vallarta, and William
Maserang, 3320 Bewley, Haltom City.
There being no one else wishing to speak Mayor Scoma closed the public hearing.
City Council Minutes
December 10, 2001
Page 6
Mayor Pro Tern Mitchell asked Dr. Brewer how the school district would look at building
a school so close to a gas and oil line.
Dr. Brewer advised council that they asked the opinion of an engineering firm. They
were told that the line runs onto a residential area and that the risk does not appear to
be any greater for the school than for those in the residential area.
Councilman Metts expressed that he is in favor of the changing the zoning for the 1.87
acres on Tract 2 if it automatically reverts to U Institutional.
Councilwoman Johnson moved to pass PZ 2001-30, Ordinance No. 2588 changing
Tract 1, 10.6 acres from C-1 Retail to U Institutional and Tract 2, 1.87 acres from C-1
Retail to L-1 Light Industrial and returning Tract 2, 1.87 acres from L-1 Light Industrial
to U Institutional in 24 months from the date of this change. Councilman Metts
seconded the motion.
Councilman Whitson asked City Attorney Rex McEntire what would happen if item 9 is
approved and the Rufe Snow project last longer than two years.
Mr. McEntire advised council that a request for extension would be required.
Mayor Pro Tern Mitchell asked Councilwoman Johnson to consider the following
amendment that the zoning would be reverted the day that the Rufe Snow project is
completed or two years from the date of change whichever being the least amount of
time.
Councilwoman Johnson accepted the amendment. Councilman Metts seconded the
amendment.
Motion to approve carried 6-0, with Councilman Trevino abstaining.
9.
PZ 2001-33 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT (SUP)
REQUEST BY J.L. STEEL, L.P. FOR A TEMPORARY CONCRETE BATCH PLANT
OPERATION NOT TO EXCEED 24 MONTHS ON 1.87 ACRES OUT OF THE JOHN C.
YATES SURVEY ABSTRACT NO. 1753 - ORDINANCE NO. 2589
APPROVED
Mr. Pat Pace, representing applicant, advised council that J.L. Steel and Birdville
Independent School District (BISD) have an agreement contingent upon approval from
council, TNRCC, and Texas Air Control Board. Mr. Pace advised council that the dollar
amount agreed upon by both parties is $35,000 for temporarily using BISD's property.
Mr. Pace advised and addressed concerns from the Planning and Zoning Commission.
The first concern was environmental - there has been an environmental test performed
City Council Minutes
December 10, 2001
Page 7
on the property. J.L. Steel, L.P. has agreed to use the same company who performed
the test and return the site to equal or better condition received by J.L. Steel. Second
concern was storm water run-off and air quality. Mr. Pace advised that the TNRCC and
Texas Air Control Board are in the process of evaluating and J.L. Steel is waiting
approval. Third concern was dust control. The Fire Marshall will monitor the site, have
authority to review the watering, and ability to shut down the plant if he felt the dust was
not properly treated. Mr. Pace advised council that the aggregate stockpile will have a
sprinkler system. The sprinkler system will control the moisture and temperature
control. Mr. Pace mentioned there would be a water truck on site. Mr. Pace also
mentioned that the area will be rocked and flex base. Another concern was the truck
traffic on Dick Fisher. Mr. Pace met with Mr. Curtis, Mr. Pitstick, Mr. Powell and a
representative from the Fire Department. Prior to J.L. Steel opening the temporary
concrete batch plant it was agreed that Mr. Curtis and Mr. Pace would walk the path of
the trucks to assess the state of the land, road, and property. The property will be
checked intermittently throughout the 24 months, and as items are found they will be
fixed. Mr. Pace informed council that every road that leads up to the project or batch
site is concrete pavement. Mr. Pace advised council the primary hours of operation will
be from 7:00 am to 5:00 pm, but would like the ability to operate during the hours which
is allowed by city ordinance.
Councilman Whitson wanted to be sure that the trucks would be using the stop light
signal on Mid Cities Boulevard and Technol and not the flashing light on Mid Cities
Boulevard and Dick Fisher.
Mr. Pace advised council that the trucks would be using the signal at Mid Cities
Boulevard and Technol.
Councilman Whitson asked Mr. Pace if he has received any negative or positive
comments from the west or south neighbors.
Mr. Pace advised council that he was not aware of any opposition from the City or
Kimberly Clark.
Councilman Welch asked Mr. Pace if the waste on the site would be removed on a
regular basis. Councilman Welch wanted to be sure that Dick Fisher would be clear of
debris and that the trucks stay off Technol.
Mr. Pace advised council that the waste would be removed on a regular basis. Mr.
Pace also informed council that Dick Fisher would also be cleaned on a regular basis.
Mr. Pace assured council that he would do everything in his power to make sure that
the trucks do not go the wrong way.
Councilman Tolbert asked to clarify what Councilman Welch was asking with regards to
Technol. Councilman Tolbert asked if the concern was keeping trucks off Technol to
the south.
City Council Minutes
December 10, 2001
Page 8
Councilman Welch confirmed that he was concerned with trucks staying off Technol to
the south.
Councilman Tolbert wanted to clarify that applicant was requesting hours of operation
from 7:00 am to 5:00 pm.
Mr. Pace advised council that the primary hours of operation would be 7:00 am to 5:00
pm. However, they would like the option to work under the city's current ordinance that
would allow them to work 7:00 am to 7:00 pm (standard time) and 6:00 am to 8:00 pm
(day light savings time).
Councilman Tolbert asked Mr. Pace if he would put up signs or some type of
instructions for the truckers that they should exit out Dick Fisher South and up Technol
to the light at Mid Cities Boulevard.
Mr. Pace advised council he would not have a problem with Councilman Tolbert's
suggestion.
Mayor Scoma wanted to know if he understood that city staff would evaluate the
condition of the route in the beginning and not just the area that the trucks would be
entering, but also the area the trucks would be traversing. Should there be any damage
to the road, J.L. Steel would replace and not to the condition it is in now, but would be
replaced in new condition.
Mr. Pace advised council that it would be replaced in new condition.
Mayor Scoma also had a question with regards to indemnification to the city. If there
were to be a legal action brought forth because of dust in the air, accident, or exposure
would J.L. Steel be willing to indemnify the city against all legal suits, claims, and
actions.
Mr. Pace believes that the indemnification is included in the contract. Mr. Pace knows
he does that for Texas Department of Transportation and he believes that the city is a
part of it.
Mayor Scoma thinks it is a very important aspect and the city would not want to take on
any liabilities that would be caused as a result of a contractor. Mayor Scoma advised
Mr. Pace that the city has this type of an agreement with anyone who enters into a
contract with the city. Mayor Scoma acknowledged that J.L. Steel is entering into an
agreement with BISD. Mayor Scoma asked if BISD is indemnified against any claims or
losses that might occur on the property.
Dr. Brewer said that he did not know specifically.
Mr. Pitstick advised the request is for a special use permit for a temporary concrete
batch plant not to exceed 24 months. Staff received a letter from the school district
City Council Minutes
December 10, 2001
Page 9
requesting permission on their property for a temporary concrete batch plant. The
applicant will have to acquire the necessary Texas Natural Resource Conservation
Commission (TNRCC) permits. Staff was concerned with the blowing debris that may
affect the service center. The primary concern in the Development Review Committee
was access to the site, concerns over dust, and extending water to site. Staff
understands that J.L. Steel will have a water truck on site almost all times, and the
stockpile/rock/gravel will be sprinkled. The Development Review Committee has
commented that the Fire Marshall shall have the right to require watering or closing the
batch plant to eliminate any dust or blowing debris. Mr. Pitstick advised council the
normal construction hours of operation within the City of North Richland Hills are 7:00
am to 7:00 pm (central standard time) and 6:00 am to 8:00 pm (daylight savings times)
Monday - Saturday only. Mr. Pitstick believes that is what applicant is requesting. Mr.
Curtis has met with J.L. Steel and is concerned about the roadway. Staff would like to
see a designated specific route for deliveries at that location using Dick Fisher Drive.
J.L. Steel is required to obtain a TNRCC permit. Staff is requesting that applicant be
responsible for repairing or replacing any damaged portions of any city street related to
batch plant operation as determined by the Public Works Director upon final completion
of plant operation. The Planning and Zoning Commission recommended approval of
request. Mr. Pitstick said he believes that staff will have a good working relationship
with applicant. Mr. Pitstick informed council that the ordinance did not have the
stipulations that addressed the Development Review Committee's concerns. If council
elects to approve ordinance they would need to include stipulations.
Mayor Scoma suggested that applicant be required to repair any damage to city roads
that it be taken care of at the time it has been determined rather than waiting until the
end of the project.
Councilman Whitson asked Mr. Curtis to clarify the hours of operation. Councilman
Whitson understood that the hours of operation where Monday - Friday with special
permission to operate on Saturday and no operation on Sunday.
Mr. Curtis confirmed the hours of operation.
Councilman Whitson asked Mr. Curtis if the truck route could be kept on south Dick
Fisher to keep them away from the front of the fire station.
Mr. Curtis advised council that the route Councilman Whitson recommended was
considered but the proximity of fire station #4 and the other city buildings are closer to
the road on Dick Fisher south. Mr. Curtis informed council that the majority of municipal
employee traffic going to and from the service on Dick Fisher south. Mr. Curtis believes
that the path being suggested by the applicant to be most appropriate. Mr. Curtis
advised council he would be looking at methods that staff could use or implement to
slow the truckers.
City Council Minutes
December 10, 2001
Page 10
Councilman Tolbert voiced his concern that council may be restricting time that the
applicant can use to facilitate the Rufe Snow Project.
Mr. Curtis advised council that the applicant would be able to work on Saturday. Staff
only asks that applicant make the city aware of their intent to work on Saturday. This
will allow the city to have the appropriate people on Saturday.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak in
favor to come forward. There being no one wishing to speak Mayor Scoma asked for
anyone wishing to speak in opposition to come forward.
The following people were in opposition: Don Wiethorn, 5737 Puerto Vallarta Drive,
William Maserang; 3320 Bewley, Haltom City; Cecil L. Benningfield Jr., 5732 Acapulco
Drive; Ed & Wilette Reed, 7112 Bermuda Court; Joan Hockenberry, 5704 Bermuda
Drive; Charlotte Timmons, 7112 Lancashire Drive; Susan Thomas, 5713 Acapulco
Drive; Morris Wright, 5708 Puerto Vallarta Drive; Karen White, 5736 Bermuda Drive;
John Yarbrough, 7133 Barbados; Janette Chandler, 6908 Arborbrook; Gene Thomas;
5713 Acapulco; Daniel Branscum, 7100 Chatham Road; Ray Rei, 6907 Sierra Drive;
Betty Carr, 7220 Lancashire; Darilyn Jones, 7121 Bahama Court; Katherine Kraft, 7228
Chatham Road; Myrtis M. Gray, 6316 Buckingham; Jack D. McFarland, 5128 Holiday
Lane; Lori McFarland, 7129 Barbados Drive; and Tony Wells, 7112 Barbados.
Councilman Metts left the room at 8:40 pm.
Councilman Metts returned at 8:45 pm.
Councilwoman Johnson asked how the residents were notified of the public hearing.
Council was advised that they had received a flyer on their doors.
Councilman Tolbert asked that the letter that was circulated to the area residents be
entered into record (Attachment A), prior to the public hearing being closed.
There being no one else wishing to speak Mayor Scoma closed the public hearing.
Councilman Tolbert moved to approve PZ 2001-33, Ordinance No. 2589 with the
following stipulations: if at any time during the pendency of this Special Use Permit if
there is any damage to the city streets related to the operation of the batch plant as
determined by the head of public works of the city of North Richland Hills J.L. Steel will
either promptly repair the damage or reimburse the city if the city is forced to make the
repairs, this will be in effect not only during the pendency of the SUP but also that work
must be completed promptly after the completion of the SUP; the hours of operation
would be limited to 7:00 am and not extend beyond the city ordinance for ending times;
the weekend operations would only be with approval of the head of public works of the
City of North Richland Hills; trucks will be required to follow an ingress/egress route as
approved by the head of public works of the City of North Richland Hills; the SUP will
City Council Minutes
December 10, 2001
Page 11
end when the zoning ended as amended per Mayor Pro Tern Russ Mitchell from item
number 8; operations would not be allowed unless all operations were approved by the
TNRCC, and at any time that the TNRCC finds that this is not meeting environmental
standards then the use and operation will immediately be ceased and not be allowed to
operate again until such time as it has approval from TNRCC and all other
environmental government agencies. Councilman Metts seconded the motion.
Mayor Scoma reminded council of stipulations recommended from staff that were not
included in the motion. The Fire Marshall's right to control the watering of the plant and
the indemnification for all legal costs that the city might be exposed to.
Councilman Tolbert advised council that he spoke with the city attorney and he is not
inclined to include the indemnification in his motion.
Councilman Tolbert did amend his motion to include the Fire Marshall's right to close
down operations for excessive dust.
Motion to approve carried 5-1 with Councilmen Welch, Metts, Whitson, Tolbert and
Councilwoman Johnson voting for, Mayor Pro Tern Mitchell voting against and
Councilman Trevino abstaining.
Councilman Trevino returned to the meeting at 9:25 pm.
10.
GN 2001-115 PUBLIC HEARING FOR CONSIDERATION OF ESTABLISHING AN 87
ACRE REINVESTMENT ZONE AND AUTHORIZATION OF A PROPERTY TAX
ABATEMENT BY NORTH HILLS MALL L.P. - ORDINANCE NO. 2594 AND
RESOLUTION NO. 2001-070
APPROVED
Mr. John Pitstick advised council that staff has been working with North Hills Mall for a
couple of years to redevelop their property into a first class entertainment facility. Staff
currently has a signed tax incentive agreement that was signed on August 16, 2000.
The agreement calls for the proposed improvements to the North Hills Mall to make a
minimum $66 million dollars in improvements which includes retaining 379 jobs and
adding 321 new jobs; renovation of an existing 580,000 square foot mall with the
addition of 200,000 square feet new additional space; an ice skating rink, expanded
food court, and a multi-screen movie theatre, a fountain plaza, and additional retailers
and restaurants. Under the current agreement it does call for the city to pass the
appropriate property tax, sales and beverage tax rebate. The property tax agreement
includes a 50% real property tax abatement on the $66 million dollar improvements for
a portion of 10 years. The current tax rate of .57 cents per $100 evaluation is
City Council Minutes
December 10, 2001
Page 12
approximately $180,000 per year over the life approximately 1.8 million dollars. The
agreement does require a 75% occupancy requirement and 50% of the gross revenues
from the fountain plaza area to be to the city for 15 years. The maximum sales and
beverage tax rebate is capped. The public hearing before council tonight is to establish
an 87 -acre reinvestment zone and authorizing a property tax abatement for North Hills
expansion. Mr. Pitstick informed council that staff received a letter from North Hills Mall
representative. They are requesting a one-year extension on the agreement. Staff is
recommending that council move forward with the existing agreement that would begin
in effect January 1, 2002 for property tax agreement and sales and beverage tax rebate
agreement. Staff is recommending that they bring back the tax incentive agreement
that was signed in August of 2000 to council on December 17, 2001 to change the
initial lease up period to be January 1, 2001 - January 1, 2004.
Mr. King was available to answer any 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.
Mayor Pro Tern Mitchell moved, seconded by Councilman Welch to approve GN 2001-
115, Ordinance No. 2594 and Resolution No. 2001-070.
Motion to approve carried 7-0.
11.
GN 2001-116 CONSIDER RESOLUTIONS AUTHORIZING THE EXECUTION OF AN
ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN NORTH HILLS
CREEK MALL, L.P. AND THE CITY OF NORTH RICHLAND HILLS FOR SALES AND
BEVERAGE TAX REBATE GRANT - RESOLUTION NO. 2001-071
APPROVED
Mr. Pitstick summarized request.
Councilman Metts moved, seconded by Councilwoman Johnson to approve GN 2001-
116, Ordinance No. 2001-071.
Motion to approve carried 7-0.
City Council Minutes
December 10, 2001
Page 13
12.
GN 2001-117 ACTION ON ANY MATTER LISTED UNDER EXECUTIVE SESSION
(PERSONAL MATTERS - APPOINTMENT OF CITY ATTORNEY)
APPROVED
Mayor Scoma advised council a committee was created to select a law firm to represent
the city. The committee is recommending Taylor, Olsen, Adkins, Scralla, and Ellum for
the city attorney. Mr. George Staples will be the primary attorney for the city of North
Richland Hills.
Councilman Tolbert moved, seconded by Councilman Trevino to approve GN 2001-
117.
Motion to approve carried 6-1 with Mayor Pro Tern Mitchell, Councilmen Welch, Metts,
Whitson, Tolbert, Trevino and Councilwoman Johnson voting for and Councilman
Welch voting against.
13.
CITIZENS PRESENTATION
None.
INFORMATION & REPORTS
Announcements:
· City Offices closed for Christmas Holiday - December 25,2001
· City Offices closed for New Year Holiday - January 1,2002
18.
ADJOURNMENT
Mayor Scoma adjourned the meeting at 9:38 pm.
u
Charles Scoma
City Council Minutes
December 10, 2001
Page 14
Heads Up Notice
As a resident of North Richland Hills living in: the vacinity of the NRH fire
station you should be advised of a legal notice that appeared in the Star
Telegram newspaper on Sunday, November 25, 2001.
The NRH advisory board has approved the construction of a concrete
batch mixing plant to be located near the NRH fire station, south of Mid
Cities Boulevard adjacent to the DART railroad tracks.
The legal notice reads as follows:
Notice is hereby given to all interested persons that the City Council of the
City of North Richland Hills, Texas will meet on Munday December 10, 2001
at 7:00 PlvI in the City Council Chambers, 7301 Northeast Loop 820 North
Richland Hills, Texas.
PZ 2001-33 J.L. Steel L.P.
A Public Hearing to consider a request from J.L. Steel L.P. for a temporary
concrete batch plant operation not to exceed 24 months on 1.87 acres out of
the John C. Yates Survey Abstract No. 1763. The tract is located south of
Mid-Cities Boulevard adjacent to the DART railroad tracks.
A concrete batch mixing plant will be a disaster in the middle of a housing
area for the following reasons. These are three major objections.
1. This concrete mixing plant will bring a large number of heavy concrete
trucks into the neighborhood. This will add to the danger that both
children and adults may be hit by a truck that h2.':'> difficulty stopping
1,;;lhe!'~ loaded.
2. Concrete batch mixing plants use dusty cement that is easily carried
by winds for a long distance. You could have concrete dust on your car.
3. Passengers on the DART railroad line are going to be amazed that a
beautiful city like North Richland Hills has a concrete batch mixing plant
right in the middle ofit's residential house area. Is this good publicity?
A concrete batch mixing plant is located near NRH at Denton Highway 377
and Browning road. Do we need another?
If you do not attend and voice an objection to this proposal --- you have
no right of complain later.