HomeMy WebLinkAboutCC 2002-06-24 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 - JUNE 24, 2002 - 6:00 P.M.
Present:
Oscar Trevino
Frank Metts, Jr.
Lyle E. Welch
Scott Turnage
JoAnn Johnson
David Whitson
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Larry J. Cunningham
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mike Curtis
Jenny Mabry
Jim Browne
Andy Jones
Karen Bostic
Tom Shockley
Patrick Hills
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
City Attorney
Director of Development
Finance Director
Public Works Director
Communications Director
Parks & Recreation Director
Fire Chief
Budget Director
Police Chief
Human Resources Director
Absent:
Joe D. Tolbert
Councilman
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Trevino called the meeting to order at
6:00 p.m.
DISCUSS ITEMS Agenda Item 6e - GN 2002-072 - Councilman
FROM REGULAR Whitson questioned if the City was paying all
JUNE 24, 2002 CITY expenses associated with the construction and
COUNCIL MEETING maintenance of the neighborhood parks and the
school district's part was allowing the use of the
property. Staff advised that was correct. Staff
further advised that the rationale was the city
can utilize the land for neighborhood parks and
not have to acquire land for the park amenities. NAN
Pre Council Minutes
June 24, 2002
Page 2
IR 2002- 090 Mayor Pro Tem Metts advised he requested
DISCUSS ACTION item be placed on agenda for Council to
ON CERTAIN FINAL consider placing routine final plats on the
PLATS Consent Agenda. Mayor Pro Tem Metts stated
that because the Council does not have any
option but to approve plats that do not have any
outstanding or incomplete items and meet all
city regulations, he felt these types of plats
could be placed on the Consent Agenda. Staff
advised they did not have a problem with
placing routine plats on the Consent Agenda.
Council would still have the option to remove
from the Consent Agenda for discussion or
questioning. The consensus of the Council was
to allow the placement of routine plats on the S.Norwood/P.Hutson
Consent Aaenda.
IR 2002- 091 Chief Shockley presented a power point
REGULATION OF presentation outlining the proposed Tow Truck
TOW TRUCK Ordinance and the major changes. Council was
SERVICES advised that the current ordinance was not in
compliance with state and federal requirements.
Federal law prohibits cities from regulating tow
truck services unless there is a public safety
exemption. The law requires that 1) cities
cannot regulate private parking facility towing
policies or which companies may conduct non-
consent tow above prescribed state law; 2)
cities cannot stipulate who can make consent
tows; and 3) cities can contract with a tow
company to serve the needs of the City. The
proposed ordinance increases fines, defers to
current state law for tow truck regulations and
provides that non-consent private property tow
signs can be 8 feet from the ground instead of 7
feet. The proposed ordinance will bring the city
into compliance with State and Federal laws and
allow flexibility in the City's ability to manage tow
truck services in and for North Richland Hills.
Staff and City Attorney answered questions from
Council concerning federal law and the process
for vendor selection. Item is on regular Council
agenda for formal action. NAN
ADJOURNMENT
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Pre Council Minutes
June 24, 2002
Page 3
Mayor Trevino announced at 6:20 p.m. that the
Council would adjourn to Executive Session for
the following: 1) Deliberation regarding
economic development negotiations as
authorized by Government Code §551.087 for
economic development negotiations for park
land and related improvements and 2)
consultation with City Attorney as authorized by
Government Code §551.071 for report on
pending litigation - ABC Wrecker vs. NRH.
Mayor Trevino announced at 6:52 p.m. that the
Council would adjourn to the regular Council
meeting.
'-
Oscar Trevino - Mayor
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICH LAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - JUNE 24, 2002 - 7:00 P.M.
1.
CALL TO ORDER
Mayor Trevino called the meeting to order June 24,2002 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
Frank Metts, Jr.
Lyle E. Welch
Scott Turnage
JoAnn Johnson
David Whitson
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Staff:
Larry J. Cunningham
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
Absent
Joe D. Tolbert
Councilman
2.
INVOCATION
Mayor Pro Tem Metts gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Mayor Pro T em Metts led the pledge of allegiance.
4.
SPECIAL PRESENTATIONS
YARD OF THE MONTH -
Beautification Commission Chair Kathy Luppy, Councilman Whitson and Mayor Trevino
presented the following citizens with certificates:
John & Susan Bush, 4608 Lariat; Jim Lockhart, 6700 Riviera; Duane & Beverly Lasater,
6050 Circleview Drive; Bill & Ann Wiseman, 5617 Guadalajara; Brian & Andrea Dew,
City Council Minutes
June 24, 2002
Page 2
5605 Cork Lane; Keith & Jackie Foss, 7541 Steward Lane; Victor & Bonnie Jury, 8308
Thistle; Louis & Laura Digiovanni, 7524 Douglas Lane; and Glenn Martin, 8100 Beverly.
The Texas SmartScape of the Month was issued to Laura Hunter, 5012 Ridgeview
Court.
RECOGNITION OF ENVIRO CAMP VOLUNTEERS -
Councilman Turnage recognized Kathy Luppy, Ruby Dillon, Frank Burns, Emily Ward
and Debbie York for their contribution to Enviro Camp.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
6.
CONSENT AGENDA
A. MINUTES OF THE SPECIAL MEETING JUNE 4, 2002
B. MINUTES OF THE PRE-COUNCIL MEETING JUNE 10,2002
C. MINUTES OF THE CITY COUNCIL MEETING JUNE 10, 2002
D. GN 2002-071 AUTHORIZING APPLICATION FOR 2002 LOCAL LAW
ENFORCEMENT BLOCK GRANT, APPOINTING ADVISORY BOARD AND
SETTING PUBLIC HEARING DATE - RESOLUTION NO. 2002-053
E. GN 2002-072 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH BISD FOR CONSTRUCTION AND MAINTENANCE OF NEIGHBORHOOD
PARKS ON ELEMENTARY SCHOOL PROPERTY-RESOLUTION NO. 2002-055
F. GN 2002-073 APPROVE LICENSE AGREEMENT WITH DART FOR THE IRON
HORSE GOLF COURSE CART PATH CROSSING UNDER THE COTTON BELT
LINE (MILE POST 626.19)- RESOLUTION NO. 2002-056
G. GN 2002-074 VACATE AND ABANDON A WATERLINE EASEMENT ON BLOCK
1, LOT 1, AEGON OFFICE PARK ADDITION - ORDINANCE NO. 2633
H. GN 2002-075 HOTEL/MOTEL TAX ORDINANCE REVISION- ORDINANCE NO.
2632
I. PU 2002-025 CONTRACT WITH TARRANT COUNTY FOR COLLECTION OF
CITY PROPERTY TAXES - RESOLUTION NO. 2002-058
City Council Minutes
June 24, 2002
Page 3
J. PU 2002-026 AUTHORIZE PURCHASE OF PERSONAL SAFETY EQUIPMENT
FOR FIRE DEPARTMENT FROM GRACE INDUSTRIES IN THE AMOUNT OF
$30,000
K. PW 2002-009 AWARD OF BID TO GREEN SCAPING, LP IN THE AMOUNT OF
$227,895.80 FOR RUMFIELD ROAD, PHASE III MISCELLANEOUS
IMPROVEMENTS
L. PAY 2002-005 APPROVE PAYMENT IN THE AMOUNT OF $570,000 TO THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR RUFE SNOW DRIVE/IH 820
BRIDGE PROJECT
M. PAY 2002-006 APPROVE FINAL PAY IN THE AMOUNT OF $29,510.49 TO SRO
GENERAL CONTRACTING, INC. FOR RUMFIELD ROAD, PHASE III UTILITY
ADJUSTMENTS
N. GN 2002-077 APPROVE DETENTION STORAGE MAINTENANCE AGREEMENT
WITH SUMMIT BANK FOR BRENTWOOD ESTATES, BLOCK 1, LOT 1-
RESOLUTION NO. 2002-054
COUNCILMAN WHITSON MOVED, SECONDED BY COUNCILWOMAN JOHNSON TO APPROVE THE
CONSENT AGENDA.
Motion to approve carried 5-0.
7.
GN 2002-076 YOUTH ADVISORY COMMITTEE YEAR-END REPORT
APPROVED
Ms. Davina Barnett, Youth Outreach Coordinator and liaison to the Youth Advisory
Committee, introduced Vice Chair Jennifer Duranczyk and Paul Dorasil.
Ms. Duranczyk provided council with an overview of the Youth Advisory Committee's
year-end report.
COUNCILMAN TURNAGE MOVED TO APPROVE THE YOUTH ADVISORY COMMITTEE'S YEAR-END
REPORT. MAYOR PRO TEM METTS SECONDED THE MOTION.
Motion to approve carried 5-0.
City Council Minutes
June 24, 2002
Page 4
8.
PS 2002-026 CONSIDERATION OF A REQUEST FROM DUNAWAY & ASSOCIATES
INC. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 6R & 7R, BLOCK 1,
WAL-MART ADDITION (LOCATED AT 8412 AND 8416 DAVIS BOULEVARD; 2.19
ACRES)
APPROVED
Mr. Jeff Walchshauser, applicant, advised council the purpose of the replat is to move
the common boundary between Lots 6 & 7 to facilitate the development of a small retail
center. The boundary will be moved to the north and will run perpendicular from the
eastern boundary and end at the same termination point as the previous common
boundary. Mr. Walchshauser informed council that Mr. Guion Gregg would provide
more information pertaining to the site plan. (Agenda Item No.9)
Mr. John Pitstick, Director of Development, informed council that the Planning and
Zoning Commission voted for approval of PS 2002-26 with the stipulation that the
applicant terminate the cross-access easement that parallels Lots 6R and 7R before it
connects to Davis Boulevard. Mr. Pitstick advised council the applicant revised the plat
in response to Planning and Zoning's stipulation and eliminated the drive access to
Davis Boulevard.
Mayor Pro Tem Metts moved, seconded by Councilman Whitson to approve PS 2002-
026.
Motion to approve carried 5-0.
9.
PZ 2000-38 REV.1 PUBLIC HEARING TO CONSIDER THE REQUEST BY GUION
GREGG FOR A REVISION TO THE APPROVED WAL-MART PLANNED
DEVELOPMENT SITE PLAN (LOCATED AT 8412 DAVIS BOULEVARD; 1.55
ACRES)- ORDINANCE NO. 2634
APPROVED
Mayor Trevino opened the public hearing for PZ 2000-38, Revision 1.
Mr. Guion Gregg, applicant, advised council a small strip of associated retail is planned
next to the Wal-Mart store. Mr. Gregg was available to answer any questions from
council with regards to the site plan. Mr. Gregg provided council with a rendering of the
proposed project.
Mr. Pitstick informed council that the request is an out parcel for the Wal-Mart site. The
applicant is requesting approval of a revision to the approved Wal-Mart Planned
Development Site Plan (PZ 2000-38). The applicant is proposing a 13,000 square foot
general-retail strip center on Lot 6 of the Wal-Mart site. The approved site plan requires
City Council Minutes
June 24, 2002
Page 5
the approval of any new development prior to the issuance of permits. The Planning
and Zoning Commission recommended approval with the stipulation that applicant
terminate the proposed 24-foot fire lane easement prior to the proposed dumpster pad
site behind the building. The applicant has revised the site plan in response to
Planning and Zoning's stipulation.
Mayor Pro Tem Metts asked Mr. Gregg if he would be willing to put up a smaller sign.
Mr. Gregg advised council that he would not be willing to go with a smaller sign.
Mayor Trevino asked if there was anyone in favor of request to come forward. There
being no one wishing to speak, Mayor Trevino asked if there was anyone in opposition
of request to come forward.
The following people spoke in opposition of request: Sally Minacapell, 8562
Shadybrooke Court, Steve Vanwie, 8551 Shadybrooke Court, and Jerry Jarzombek,
8558 Shadybrooke Court.
Councilman Whitson asked staff if berms would be part of the landscaping buffer.
Mr. Pitstick advised council under the current Landscape Ordinance there are three
options available to the applicant: (1) trees with buffering from the parking lot; (2)
berms or (3) masonry screening wall.
Councilwoman Johnson asked staff if there is an area that the applicant could put trees
to improve the site for the citizens who have addressed their concerns.
Mr. Pitstick advised council that the applicant has met the City's landscape
requirements. The only thing that could perhaps improve the site would be additional or
larger trees.
Mr. Gregg addressed the citizen concerns. Mr. Gregg is not sure that small berms
would help ease the comments of the citizens, He is concerned that large berms would
cover up the property and the property not be visible from the road.
Mayor Trevino asked Mr. Gregg if he would consider small berms and if he would be
opposed to having trees 25 feet apart.
Mr. Gregg would support a small berm one and half feet to two feet in size and he
would also include the extra trees.
Mayor Trevino closed the public hearing.
MAYOR PRO TEM METTS MOVED TO APPROVE ORDINANCE No. 2634. COUNCILWOMAN
JOHNSON SECONDED THE MOTION.
City Council Minutes
June 24, 2002
Page 6
COUNCILMAN TURNAGE ASKED THAT A FRIENDLY AMENDMENT BE INCLUDED TO HAVE 18-1NCH
HIGH BERM WITH TREES ON 25..FOOT CENTERS ALONG DAVIS BOULEVARD.
MAYOR PRO TEM METTS ACCEPTED AND COUNCILWOMAN JOHNSON SECONDED THE
AMENDMENT.
Motion to approve carried 5-0.
10.
PZ 2002-38-REV.2 PUBLIC HEARING TO CONSIDER A REQUEST BY MURPHY OIL
COMPANY FOR A REVISION THE APPROVED WAL-MART PLANNED
DEVELOPMENT SITE PLAN (LOCATED AT 9101 NORTH TARRANT PARKWAY;
0.58 ACRES) - ORDINANCE NO. 2635
APPROVED
Mayor Trevino opened the public hearing.
Mr. Travis Bousquet, representing applicant, was available to answer questions from
council. Mr. Bousquet informed council the request before council is to approve a
revised elevation for a gasoline facility along North Tarrant Parkway.
Mr. Pitstick informed council that the applicant is seeking approval of an elevation
drawing. The Planning and Zoning Commission recommended approval. The
applicant is proposing that the council approve the Hartford Green paint for the canopy.
The Wal-Mart property is using Forest Green paint for their building. Staff does not
have a problem with the building and existing site plan. Staff has given applicant
permission to build everything below ground. Applicant's goal is to open with the new
Wal-Mart store, which is the middle of August.
Council discussed their concern with the gas prices being located on the canopy and
not on the monument sign.
Councilman Turnage asked staff to address changeable letters on canopies in the Sign
Ordinance.
Mayor Trevino asked for anyone wishing to speak on request to come forward.
Steve Vanwie of 8551 Shadybrooke believes that the whole area needs to be looked at
because it is the last area to be developed. Mr. Vanwie is concerned with the light
pollution.
City Council Minutes
June 24, 2002
Page 7
Jerry Jarzombek of 8558 Shadybrooke asked to restrict the advertising of gas prices to
the monument sign.
Mayor Trevino closed the public hearing.
COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2635 ELIMINATING THE
DOLLAR SIGN ON THE CANOPY AND REQUIRING THAT THE PAINT BE FOREST GREEN TO MATCH
WAL..MART. COUNCILMAN WHITSON SECONDED THE MOTION.
Motion to approve carried 4-1 with Councilmen Turnage, Whitson, Mayor Pro Tem
Metts and Councilwoman Johnson voting for approval and Councilman Welch voting
against.
11.
GN 2002-078 REGULATION OF TOW TRUCK SERVICES - ORDINANCE NO. 2630
APPROVED
Police Chief Tom Shockley advised council that Ordinance No. 2630 would amend the
previous tow truck ordinance. The proposed ordinance will bring the City into
compliance with applicable state and federal laws. Ordinance No. 2630 will establish a
system and storing of vehicles in the city; establishes a penalty for anyone violating the
ordinance; provides an effective date; and sets current requirements for police tows and
private property non-consent tows. This ordinance will give staff the opportunity and
ability to obtain RFP's or a bid to contract wrecker services.
COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2630, GN 2002-078.
COUNCILWOMAN JOHNSON SECONDED THE MOTION.
Motion to approve carried 5-0.
12.
GN 2002-079 CREATION OF MUNICIPAL COURT OF RECORD -
ORDINANCE NO. 2631
APPROVED
City Attorney George Staples advised council that Ordinance No. 2631 would place all
municipal court provisions into a single new chapter of the Code of Ordinances.
Ordinance No. 2631 will allow the City to use a recording device where previously a
court reporter took any necessary record. The Ordinance also includes the authority of
the court for the judge to issue administrative search warrants.
City Council Minutes
June 24, 2002
Page 8
COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2631. MAYOR PRO TEM METTS
SECONDED THE MOTION.
Motion to approve carried 5-0.
13.
GN 2002-080 APPOINTMENTS TO THE CITIZEN CAPITAL IMPROVEMENT
STUDY COMMITTEE
APPROVED
City Secretary Patricia Hutson advised council there were three remaining nominations
to be considered. At the June 10 City Council meeting council nominated and
approved 13 members to the Citizen Capital Improvement Study Committee. Council
decided that the remaining three members - two at large and Councilman Turnage's
last appointment be brought back at the June 24 meeting. Staff is recommending Dr.
Jack D. Terry, Jr. and Mr. Jim Billingsley, Councilman Turnage is recommending Mr.
Richard Davis.
COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2002-080. COUNCILMAN WHITSON
SECONDED THE MOTION.
Motion to approve carried 5-0.
14.
PU 2002-027 AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH
WATERS CONSULTING GROUP TO PERFORM A COMPENSATION AND
CLASSIFICATION STUDY - RESOLUTION NO. 2002-057
APPROVED
Mr. Patrick Hillis, Human Resources Director, advised council that the study would
encompass all aspects of the City's compensation and classification system. The
aspects include preparation of clearly defined job descriptions and classifications for all
full-time positions as well as the development of administrative policies, pay plan and
maintenance system to keep salaries current and applicable. The Human Resources
Department and a team of City employees will monitor the progress of the study. It is
anticipated that the study will begin in July and be completed by December 2002.
Councilman Turnage believed that a study of this nature should be done on a three to
five year basis.
Mr. Cunningham agreed that on a five-year basis the City should have an update. Mr.
Cunningham advised council that staff attempts to keep things current by looking at a
market adjustment each year. Mr. Cunningham believes that a five-year increment for
City Council Minutes
June 24, 2002
Page 9
the compensation study might be more appropriate but continue with some form of
market adjustment approach.
Councilwoman Johnson would like a subcommittee among the council and it be worked
out with the subcommittee instead of it being the City Manager who works with the firm.
Councilwoman Johnson would like to see a three-member committee to take this
through the City Employees since the City Manager will be a part of the group.
Mayor Trevino advised council that the Human Resources Department would be
overseeing the process of the compensation and classification study. The City
Manager is only executing the contract.
Mayor Trevino does not believe that the City Manager, City Secretary or the City
Attorney fall under the findings of this compensation classification study because they
answer directly to council. Mayor Trevino asked for clarification from Mr. Cunningham.
Mr. Cunningham advised council that Mayor Trevino is correct and that staff is
suggesting that a seven-member committee of employees from various departments
work with the consultant throughout this process. The seven-member committee can
serve as a steering committee.
Councilwoman Johnson asked how the study would be presented to the council.
Mr. Cunningham advised council that once the study goes through the process and the
consultant makes conclusions it would be presented to council for consideration.
COUNCILMAN WELCH MOVED, SECONDED BY COUNCILWOMAN JOHNSON TO APPROVE PU
2002-027, RESOLUTION No. 2002-057.
Motion to approve carried 5-0.
Mayor Trevino recognized Mr. Marlin Miller and Mr. Jim Allen. Mr. Allen and Mr. Miller
were recently appointed to the Park and Recreation Board.
15.
A) CITIZENS PRESENTATION
None.
B) INFORMATION AND REPORTS
Councilman Whitson made the following announcements -
City Council Minutes
June 24, 2002
Page 10
Northeast Family Fourth Celebration on Thursday, July 4th. Entertainment will be
provided at three locations including Birdville Fine Arts/ Athletic Complex, The
Crossing shopping center, and BlueLine Ice Complex.
City offices will be closed on Thursday, July 4, in observance of Independence
Day.
Councilwoman Johnson made the following announcements -
June 28
Dive In Movie-"Shrek"
NRH20 Water Park
9:00 p.m. (approximately)
817-427-6500
July5
Dive In Movie-uRecess School's Out"
NRH20 Water Park
9:00 p.m. (approximately)
817-427-6500
Julv6
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
817-427-6570
16.
ADJOURNMENT
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