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HomeMy WebLinkAboutCC 2001-12-17 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 17, 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 Steve Norwood Greg Vick Patricia Hutson Alicia Richardson Rex McEntire Paulette Hartman John Pitstick Jenny Kratz Larry Koonce Patrick Hillis Bill Thornton Steve Brown Mike Curtis Penny Peterson City Manager Assistant City Manager Managing Director Community Services City Secretary Assistant City Secretary City Attorney Asst. to the City Manager Director of Development Public Information Director Finance Director Director of Human Resources Assistant Parks Director Library Director Public Works Director Assistant Building Official Absent: Randy Shiflet Deputy City Manager ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item 6a, PU 2001-048 - Councilman FROM REGULAR Whitson questioned if annual contracts are DECEMBER 17, normally bid in this manner. Staff advised that 2001 CITY the printing contract for the various newsletters COUNCIL AGENDA and brochures had been bid a little different than in the past. The City realized savings by bidding all the publications together as separate items and awarding the bid for each publication. NAN Agenda Item 7 - PS 2001-42 - There were questions from several of the Council on the ~. ....~..-...,,_.."--.,,-~_.._->...~-_.._---~-~_._.__.------- Pre Council Minutes December 17, 2001 Page 2 DISCUSS ITEMS applicant's request for a variance to the FROM REGULAR driveway spacing. Council questioned the DECEMBER 17, distance of the driveway spacing on the 2001 CITY proposed plat request and the relation of the COUNCIL AGENDA driveways to the Wal Mart driveways. There (Continued) was also discussion that Council would not have any input on the building design and other site plan issues of the proposed Target. The property is already properly zoned and unlike Wal Mart, Target is not a planned development and is not requesting variances. Council suggested that Staff ask the developer to meet with the surrounding community to inform them of the project and explain what is proposed for S.Norwood/J.Pitstick the property. Agenda Item 9 - GN 2001-119 - Staff was asked if the proposed code would allow for aluminum wire in residential homes. Staff advised that the Technical Review Committee was recommending that the current North Richland Hills requirement for copper conductors only be left in the revision. NAN IR 2001-188 Mr. Norwood presented to Council two options DISCUSS OPTIONS for decorative street lighting on North Tarrant FOR DECORATIVE Parkway. STREET LIGHTING . Option 1 - "Archetype" fixtures along ON NORTH parkways on both sides of the thoroughfare TARRANT on 30' poles and decorative Hadco fixtures PARKWAY along the walking trail and entry drives on 16' poles. . Option 2 - "Era" style fixture by Kim for lighting of the thoroughfare and the additional decorative lighting. Mr. Norwood reviewed the pros and cons of each of the proposed options. There was extensive discussion by the Council on the two options presented and the maintenance cost to the City. Council suggested a third option - a standard TXU shoebox-style cobra fixture along the thoroughfare and decorative lighting along the walkways. After considerable discussion on the pros and cons of the three options, Council directed staff to bid the three options so Council ·' - -- ---"---_._'~--_."._.,~,.,'-_.,---'_._._._------._-<-~-----~ Pre Council Minutes December 17, 2001 Page 3 could evaluate all costs involved, including electrical and true operating costs, before making a decision. M.Curtis/S.Norwood IR 2001-187 JOINT The consensus of the Council was to set a work WORK SESSION session with the Planning & Zoning Commission WITH CITY for January 15 at 6:00 p.m. J.Pitstick COUNCIL AND THE PLANNING & ZONING COMMISSION EXECUTIVE Mayor Scoma announced at 6:47 p.m. that the SESSION & Council would adjourn to Executive Session for ADJOURNMENT personnel matters under Government Code Section 551.074 - City Attorney Agreement. Mayor Scoma announced at 7:03 p.m. that the Council would adjourn to the regular Council meeting. .~':'/"~~~";"i,.".. . '.Þ.. ..,. -,::.:-'-, /. \'1; \ ~x 'i r t-1\ A~ ~ T: .f:"'" ~~\ h.- aP .~... .!-¿ /~ . -'-- ~â&ii~'...~ Patricia Hutson - City Secretary ..~ Charles Scoma - MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - DECEMBER 17, 2001 -7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the special meeting to order December 17, 2001 at 7:09 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 Steve Norwood Greg Vick Patricia Hutson Rex McEntire Absent: Randy Shiflet ROLL CALL Mayor Councilman Mayor Pro Tern Councilman Councilwoman Councilman Councilman Councilman City Manager Assistant City Manager Managing Director of Community Services City Secretary Attorney Deputy City Manager 2. INVOCA TION Girl Scout Troop 1262 gave the invocation. 3. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Girl Scout Troop 1262. 4. SPECIAL PRESENTATIONS City Council Minutes December 17,2001 Page 2 Mr. Tom Fleming, representing SCORE Chapter 120, presented to Linda Draz, NRH Library Adult Services Supervisor, the Award of Excellence for the Library's assistance to SCORE. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A) AWARD BID FOR ANNUAL CONTRACT TO PRINT VARIOUS CITY NEWSLETTERS AND BROCHURES - RESOLUTION NO. 2001-074 (Annual Contract to print the City Newsletter to Printing Arts, NRH News and Notes to Print Central and NRH Upclose and Time of Your Life Brochure to Global Group & Authorizing City Manager to Execute the Contracts) Mayor Pro Tern Mitchell moved, seconded by Councilman Trevino, to approve the Consent Agenda. Motion to approve carried 7-0. 7. PS 2001-42 CONSIDERATION OF A REQUEST BY MICHAEL CLARK OF WINKELMANN & ASSOCIATES, INC. FOR THE APPROVAL OF THE FINAL PLAT OF DAVIS TOWNE CROSSING ADDITION FOR A PROPOSED SUPER TARGET STORE AND RELATED RETAIL USES (LOCATED AT THE INTERSECTION OF DAVIS BOULEVARD AND PRECINCT LINE ROAD) ** APPROVED Mr. Michael Clark, Winkelmann & Associates, presented the proposed final plat of Davis Towne Crossing Addition which would include a proposed Super Target along with other retail. Mr. Clark advised the plat complied with the zoning and subdivision ordinances with two exceptions. Variances are being requested for three detention ponds on the site and a variance from the minimum 500-foot driveway spacing requirement. Mr. Winkelmann explained the request for the driveway spacing. Mr. Winkelmann requested approval of the plat along with the two requested variances. City Council Minutes December 17, 2001 Page 3 Mr. John Pitstick, Director of Development, addressed the request as it relates to city ordinances and regulations. The Planning and Zoning Commission recommended approval of the proposed plat subject to staff and engineering comments on November 20, 2001. Staff is additionally recommending that truck traffic be restricted from an entrance and exit on Davis Boulevard as it is restricted for the adjacent Wal-Mart and that the requested variance from the 500-foot driveway entrances be allowed only if adequate designs are provided to prohibit major truck traffic access from Davis Boulevard. There was discussion and questions from the Council regarding right-in and right-out access to Precinct Line Road and Davis Boulevard and the design of the right-in/right- out. Several of the Council questioned the amount of impact the additional traffic would have on Shady Grove and the surrounding area. Concern was also expressed on any possible impact the proposed signal light to Davis would have to Shady Grove. The Mayor suggested that Target work with Wal-Mart to obtain cross-access with the Wal-Mart property. Mr. Clark advised that he could not make a commitment on the connectivity to Wal- Mart, but they were willing to work with Wal-Mart. The Public Works Director addressed Council's concerns regarding the additional traffic and the potential impact of the proposed signal light to Shady Grove Road and the surrounding area. Mr. Curtis reviewed with Council the level of service before improvements, after improvements to North Tarrant Parkway and Wal-Mart and after improvements associated with Target to the intersections at North Tarrant and Davis, North Tarrant and Precinct, Shady Grove and Davis and Shady Grove and Precinct. Mr. Curtis explained how the Super Target and the proposed traffic light would not significantly impact the level of service to the major intersections. Council asked Brian Shamburger and Brad Tribble, Kimley-Horn and Associates, to address Shady Grove traffic impact concerns and the traffic benefits of connectivity between the Wal-Mart and Target properties. Councilman Trevino moved, seconded by Councilman Tolbert, to deny PS 2001- 42. Councilman Trevino advised he did not feel the infrastructure was in place at this time. Councilman Trevino expressed concerns with the driveway spacings and detention ponds. Motion to deny failed 3-4; Mayor Pro Tern Mitchell, Councilmen Tolbert and Trevino voting for approval and Councilwoman Johnson, Councilmen Welch, Metts and Whitson voting against. City Council Minutes December 17, 2001 Page 4 Councilman Metts moved, seconded by Councilwoman Johnson, to approve PS 2001-42 as recommended by the Planning & Zoning Commission and Staff. There was additional discussion on the detention ponds. Councilman Whitson requested an amendment to the motion that the applicant resolves the drainage issue other than having onsite detention ponds. Mr. Curtis addressed some of the possible options to resolve the drainage issue. Mr. Clark was not in favor of other options and felt the detention ponds as requested was the best option. Councilman Trevino reminded Council of their discussion in Pre-Council to ask the developer to meet with the surrounding neighborhoods to inform the residents of Target's plans for the property. After Council discussion, Councilwoman Johnson advised as the second to the motion, she would not accept the amendment. Councilman Metts advised as maker of the motion he would not accept the amendment. Mayor Pro Tern Mitchell asked for an amendment to the motion for right out exits on all exits (two exits). Mayor Pro Tern Mitchell clarified his amendment would include that the exit onto Davis Boulevard would be a right out if no signal light is installed at that location. If the signal light is approved, the plan as presented on Davis Boulevard is acceptable. The middle exit to Precinct Line Road would be a right-out exit. Mr. Clark was not agreeable to the restrictions. Councilman Metts did not accept the amendment. City Attorney advised if amendment to the motion was accepted, the motion would probably be invalid. City Attorney advised that imposing to the motion a right out when there is no rule requiring a right-out, makes the motion subject to being void. Motion on floor failed 3-4; Councilmen Welch, and Metts and Councilwoman Johnson voting for and Councilmen Whitson, Trevino and Tolbert and Mayor Pro Tern Mitchell voting against. **Note: Attorney Rex McEntire issued a legal opinion the following day on the Council's votes to the two motions. The legal opinion was concurred with by the City's new attorney, George Staples. The legal opinion stated that the Council did not take action on the plat and that the plat is still alive. If the Council does not act to approve or disapprove the plat within the 30-day period, the plat will be automatically approved by operation of law. The plat will be automatically approved on December 20, 2001. The operation of law referenced by the Attorneys is pursuant to the Local Government ^'."', ,^. '-~-~"~-'^-~-_.._._~'----~-~--~ City Council Minutes December 17, 2001 Page 5 Code, Section 212.009(b). The plat was subsequently approved on December 20,2001 under the 30-day rule. 8. GN 2001-118 CONSIDER ADOPTION OF 2000 INTERNATIONAL RESIDENTIAL CODE - ORDINANCE NO. 2590 APPROVED Mr. Pitstick presented the proposed ordinance. Recent state legislature requires mandatory adoption for the 2000 International Residential Code by January 1, 2002. The Technical Review Committee approved the North Texas Council of Government amendments to the International Residential Code and is recommending adoption of the code. Mr. Mark Alexander, Chair of the Technical Review Committee, was present to answer questions from Council. Councilwoman Johnson moved, seconded by Councilman Trevino, to approve GN 2001-118, Ordinance No. 2590 adopting the 2000 International Residential Code. Motion to approve carried 7-0. 9. GN 2001-119 CONSIDER ADOPTION OF THE 1999 NATIONAL ELECTRICAL CODE - ORDINANCE NO. 2591 APPROVED Mr. Pitstick presented the proposed ordinance adopting the 1999 National Electrical Code. The code is an update from the 1996 version. Council was advised it has been redesigned in format and some code reference numbers have changed. The overall content is the same. Council was advised that the code requires Arc-Fault Circuit Interrupters. The Technical Review Committee is recommending to delay the enforcement of this requirement until the next adopted electrical code due to the lack of availability of the breakers and the cost. The Technical Review Committee is recommending adoption of Ordinance No. 2591. Mayor Pro Tern Mitchell moved, seconded by Councilman Metts, to approve GN 2001- 119, Ordinance No. 2591, adopting the 1999 National Electrical Code. Motion to approve carried 7-0. City Council Minutes December 17, 2001 Page 6 10. GN 2001-120 CONSIDER ADOPTION OF 2002 NRH SUPPLEMENTAL DEVELOPMENT CODE- ORDINANCE NO. 2592 APPROVED Mr. Pitstick presented the proposed code. The Technical Review Committee is recommending adoption of the 2002 NRH Supplemental Development Code, Ordinance No. 2592. Councilwoman Johnson moved, seconded by Mayor Pro Tern Mitchell, to approve GN 2001-120, Ordinance No. 2592 adopting the 2002 NRH Supplemental Development Code. Motion to approve carried 7-0. 11. GN 2001-121 CONSIDER ADOPTION OF 2002 BUILDING & DEVELOPMENT FEE SCHEDULE - ORDINANCE NO. 2593 APPROVED Mr. Pitstick presented the proposed ordinance adopting the fee schedule. The Technical Review Committee is recommending adoption of the 2002 Fee Schedule, Ordinance No. 2593. Councilman Tolbert moved, seconded by Mayor Pro Tern Mitchell, to approve GN 2001-121, Ordinance No. 2593. Motion to approve carried 7-0. 12. GN 2001-122 APPROVAL OF COMPENSATION PLAN MARKET ADJUSTMENT APPROVED Mr. Patrick Hillis, Human Resources Director, gave a brief summary of the resolution adopted in 1996 requiring a formal market survey be performed in the fall of each year with any necessary adjustments to the compensation system made in January of the City Council Minutes December 17,2001 Page 7 following year. Mr. Hillis advised that after the market analysis, the recommendation to Council is to approve a 3.66% market adjustment. Councilman Metts moved, seconded by Councilwoman Johnson, to approve GN 2001- 122, approving a 3.66% market adjustment increase to all full-time pay plans effective the first payroll period beginning January 2002. Motion to approve carried 7-0. 13. GN 2001-123 INTERLOCAL AGREEMENT WITH THE CITY OF HURST FOR TRAFFIC SIGNAL SYNCHRONIZATION AND MONUMENT SIGN - RESOLUTION NO. 2001-073 APPROVED Mr. Vick briefed the Council on the City's request to the City of Hurst for an agreement to install a monument sign at the east end of Glenview Drive near 820. The City of Hurst requested that North Richland Hills consider an agreement that would allow a monument sign to be placed on the median and also allow North Richland Hills and Hurst to synchronize all the signals on Precinct Line Road, including two that are currently operated by North Richland Hills at Martin and Mid Cities. The agreement before Council contains various requirements for the management of the synchronization of the project and the signals including all maintenance and operation of the facilities by the City of Hurst, including the Opticom System and is contingent upon receiving any required approvals from TxDOT for the entry sign. Councilwoman Johnson moved, seconded by Councilman Trevino, to approve GN 2001-123, approving Resolution No. 2001-073 authorizing City Manager to execute the interlocal agreement with the City of Hurst. Motion to approve carried 7-0. 14. GN 2001-124 REGULATING THE USE OF SKATEBOARDS, ROLLER SKATES, ROLLERBLADES AND BICYCLES IN PROHIBITED PUBLIC AREAS - ORDINANCE NO. 2587 APPROVED Mr. Steve Brown, Library Director, presented the proposed ordinance giving the City the authority to prohibit skating, skateboarding or cycling in designated areas of public property. City Council Minutes December 17, 2001 Page 8 Councilman Trevino moved, seconded by Councilman Metts, to approve GN 2001-124, Ordinance No. 2587. Motion to approve carried 7-0. 15. GN 2001-125 CONSIDER APPROVAL OF CONTRACT WITH TAYLOR, OLSEN, ADKINS, SRALLA AND ELAM, LLP FOR LEGAL SERVICES APPROVED Councilman Tolbert moved, seconded by Councilman Trevino, to approve GN 2001- 125, approving the contract with TOASE for legal services. Motion to approve carried 7-0. 16. GN 2001-126 CONSIDER AMENDMENT TO ORIGINAL TAX INCENTIVE AGREEMENT WITH NORTH HILLS MALL FOR EXPANDING INITIAL LEASE UP PERIOD AND OCCUPANCY FAILURE DA TE TO JANUARY 1, 2004 APPROVED Mr. John Pitstick, Director of Development, briefed the Council on the reason for amending the original tax incentive agreement with North Hills Creek Mall, LLP. The only changes to be made to the original agreement from the August 16, 2000 approval are on page 3, Initial Lease-Up Period and Occupancy Failure. Underneath these subheadings, the year has been changed from 2003 to 2004. Mr. Steven King and Mr. Burk Collins, representing North Hills Creek Mall, LLP, were present to address any questions from the Council. Councilman Tolbert moved, seconded by Councilman Metts, to approve GN 2001-126, amending original Tax Incentive Agreement with North Hills Mall for expanding initial lease-up period and occupancy failure date to January 1, 2004. Motion to approve carried 7-0. 17. CITIZENS PRESENTATION None. Announcements: City Council Minutes December 17, 2001 Page 9 INFORMATION & REPORTS · City Offices closed for Christmas Holiday - December 25,2001 · City Offices closed for New Year Holiday - January 1,2002 · Recycle Christmas Trees at NRH Fire Administration Building - December 27 - January 7. 18. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:38 pm. rU ~7f~ Charles Scoma - Màyor ',Ù,\:~~~.lf:!:~:'.iV~'·" , f",. ';,' "'~', L~"'~'.r, ........ ..." ':.," ; '. .. A ,,' \. .: . r ~~ ~.~L- patricíãttihl"in,..·èity Secretary