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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 \~Vl J!-fiII/^, '^ ........ v~"; ;\~·:n·'· ...... '-:., A T1 /~: ......j. ~\ · r . · . · . · . >" \ : ... - ~ : 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 M. ayor Trevino a. d. journed the meeting at 8~d/ .. '. 0.,",,\v~\J^ <'- . 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