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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: 1;'f¡I)¡ , '(¿ ~~, \0:. ..~ ~ tL ib~ Charles Scoma - ayor - t..- 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.