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Home My WebLink AboutCC 2002-12-09 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 09, 2002 - 6:00 P.M. Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage David Whitson Joe D. Tolbert Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Paulette Hartman Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Jim Browne John Lynn Clay Caruthers Chris Swartz Dave Pendley City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Parks & Recreation Director Assistant Police Chief Budget Manager Aquatic Manager Building Official Absent: JoAnn Johnson Councilwoman ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Trevino called the meeting to order at 6:00 p.m. DISCUSS ITEMS Agenda Item No.1 0 - LRB 2002-04 - NAN FROM REGULAR Councilman Whitson questioned if the car wash DECEMBER 09, would be a public car wash. Staff advised that it 2002 CITY would be both public and private. Council was COUNCIL MEETING advised that this item is a landscape variance only and that the current zoning on the property permits a car wash. There was some discussion on the parking of used cars at the site and Council did not favor this. Council was advised that there is only adequate parking for the car wash facility. __·._.~~'_~W__._.~_._~.,,"___,______,.__,._,___~__ Pre Council Minutes December 09, 2002 Page 2 Agenda Item No. 11 - GN 2002-136 - Mr. LARRY K.I STEVE N. Cunningham advised of a revision to the ordinance calling the bond election. Mr. Cunningham advised that Council had been provided with a revised ordinance and explained that the yellow highlighted portions of the ordinance were changed from 40 years to 20 years. The City's bond counsel used boilerplate information in the ordinance and used the 40- year maximum as allowed by State Law. Staff requested that it be changed to 20 years, which are the years of the city's indebtedness. Council was in favor of the revisions made to the ordinance and took formal action at the regular meeting to adopt the revised ordinance. Agenda Item 13 - GN 2002-138 - Mr. Norwood JOHN P. advised that on page 6 of the resolution, Staff is recommending that Council revise (I) (2) to be more specific. Recommendation is for it to read "For an expanded, modernized facility, or redeveloped facility...." There was some discussion on the auditing of personal property. Council was advised that it will be advantageous to the property owner to keep the personal property on the tax rolls. IR 2002-159 Councilman Tolbert present at 6:08 p.m. REVIEW Staff reviewed the suggested ideas for informing NAN INFORMATION and educating the citizens about the bond STRATEGY FOR election and the timeline provided to the Council BOND PROJECTS in their agenda packet. Staff is proposing to prepare informative brochures that will be distributed through utility bills, city facilities and area businesses. Information will also be included in the next newsletter and placed on Citicable. Council was advised that the City cannot spend any funds to promote the election, but can only inform and educate. Staff's understanding is that the Citizens Committee that studied the bond issues is forming a committee of representatives to market and promote the bond projects. The committee is allowed to use the City's printed educational data to inform the public. Councilman Whitson ~- -_ -_'_'_·_·_'_"__"__"_M"___._,~___. Pre Council Minutes December 09, 2002 Page 3 requested a copy of the Citicable schedule for airing the information on the bond election. IR 2002- 161 Mayor Trevino advised that even though this UPDATE ON RUFE item did not affect his company or him directly, SNOW MARKETING he was opting to abstain from discussion. PLAN Mayor Trevino abstained from discussion and Mayor Pro Tern Metts presided over this item of the meeting. Mr. Pitstick advised the City was partnering with the City of Watauga to assist businesses along Rufe Snow during construction. A Rufe Snow Savings Program is being introduced and the Star Telegram, Northeast Newspaper and Val- Pak are providing reduced advertising for businesses along Rufe Snow. The City is in the process of printing savings cards to be distributed to the public. The cards will advertise the Rufe Snow website that will contain special savings, discounts and special offers from Rufe Snow businesses. The businesses will also be displaying a poster advertising their participation in the program. Mr. Pitstick advised that the businesses have asked for less stringent sign regulations during construction to help with business. Staff will be JOHN P. 1 STEVE N. bringing to Council some revisions to the sign ordinance to assist businesses during construction. The proposed revisions will allow two portable signs per year instead of one and extra banners. ADJOURNMENT Mayor Trevino announced at 6:21 p.m. that the Council would adjourn to Executive Session for deliberation regarding economic development as authorized by Government Code §551.087 to discuss the offer of financial incentive to business prospect which City is conducting economic development negotiations to have · ----,._.....^_......._-~-----_.__._~_._-~----,-...._---..~~-~.- Pre Council Minutes December 09, 2002 Page 4 such business locate in city limits and consultation with City Attorney as authorized by Government Code §551.072 for Davis vs. North Richland Hills and to consult with City Attorney concerning settlement of Gonzales case. Mayor Trevino announced at 6:58 p.m. that the Council would adjourn to the regular Council meeting ,<"".' '~',; ';'!,'ii/..' ,\", a\I,..k~1 II A /,,///// ~"'~"À '''....:':'':';V\.t;~ /,,~ ...... \ ~..,. .... "/ ',-1",,",.' . ~ / ''-c:',· .' n "'\/~' A TTEST:Y~~/ "'~ú>';~. øaJi~.~ Patricia Hufs:q~ "'::~Y"S~Gretary /,1" ,,< \,', 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 - DECEMBER 09,2002 - 7:00 P.M. 1. CALL TO ORDER Mayor Trevino called the meeting to order December 9,2002 at 7:06 p.m. ROLL CALL Present: Oscar Trevino Frank Metts, Jr. Lyle E. Welch Scott Turnage David Whitson Joe D. Tolbert Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Staff: Larry J. Cunningham Steve Norwood Greg Vick Karen Bostic Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney Absent JoAnn Johnson Councilwoman 2. INVOCATION Daniel Arnold, Executive Board Student Council, Richland High School gave the invocation. 3. PLEDGE OF ALLEGIANCE Kelly Hourihan, Executive Board Student Council, Richland High School, led the pledge of allegiance. 4. SPECIAL PRESENTATIONS NE CHAMBER MEMBER OF THE YEAR - PHYL BALOGA City Council Minutes December 09,2002 Page 2 Mr. Bob Hamilton, Northeast Chamber, presented Ms. Phyl Baloga, Administrative Secretary, Economic Development, with the Northeast Chamber of Commerce Member of the Year award for 2002. Mayor Trevino and Mayor Pro Tem Metts presented a Certificate of Recognition from the City to Ms. Baloga recognizing her for receiving the Chamber award and her efforts in representing the City at Chamber events. Mayor Trevino and Mayor Pro Tem Metts also presented Ms. Baloga with a plaque from Senator Jane Nelson recognizing her achievements. MOTHERS AND MORE BUSINESS AWARD PRESENTED TO NRH RECREATION CENTER- GINA SWANN, CO-LEADER OF MOTHERS & MORE Ms. Gina Swann, Co-leader of Mothers and More, presented to the North Richland Hills Recreation staff the Mothers and More Business Award for their role in involving mothers and children in recreation activities. KEEP NRH BEAUTIFUL CHRISTMAS LIGHTING AWARD CONTEST WINNERS Councilman Whitson and John Paraskevas recognized the Keep NRH Beautiful Christmas Lighting award contest winners: Larry Harper, 5944 Tourist; Tod & Susie Brooks, 4605 Deville; Ron & Peggy Olman 6513 Meadow Lake Court; Curtis & Robyn Hodnett, 5527 Meadow Oak; Larry Weatherby, 8101 Emerald Hills; Javier Esquivel, 7516 Chapman; Greg & Tina Clifton 8912 Amundson; Steve & Patti Wheeler, 7405 Windcrest and Kevin & Cynthia Keck, 8605 Saddle Ridge Trail. 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 25,2002 B. MINUTES OF THE CITY COUNCIL MEETING NOVEMBER 25, 2002 City Council Minutes December 09, 2002 Page 3 C. GN 2002-141 AUTHORIZING THE PASS-THROUGH OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT FUNDS $14,100 TO TARRANT COUNTY JUVENILE SERVICES - RESOLUTION NO. 2002-093 COUNCILMAN TIM WELCH MOVED, SECONDED BY COUNCILMAN WHITSON, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 6-0. 7. PZ 2002-22 PUBLIC HEARING TO CONSIDER PROPOSED REVISIONS TO THE MASONRY REQUIREMENTS OF THE ZONING ORDINANCE - ORDINANCE NO. 2649 APPROVED Mayor Trevino opened the public hearing. Mr. John Pitstick, Director of Development, presented the recommendations of the Planning & Zoning Commission. The Planning & Zoning Commission is recommending a more detailed definition for residential and revising the masonry percentages from 75% to 85% on residential structures and will include the entire wall elevation, not just the first floor. Non-residential masonry requirements include keeping the 100% masonry with a change in the definition to allow 15% of any exterior wall to alternative masonry systems above 8 feet from the ground. Mr. Dave Pendley, Building Official was present with examples of masonry requirements. Mr. Pitstick read the definition of masonry requirements for residential and non- residential. Mayor Trevino called for those wishing to speak in favor to come forward. There being no one wishing to speak Mayor Trevino called for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Trevino closed the Public Hearing. COUNCILMAN TOLBERT MOVED, SECONDED BY MAYOR PRO TEM METTS, TO APPROVE ORDINANCE No.. 2649. Motion to approved carried 6-0. City Council Minutes December 09, 2002 Page 4 8. PZ 2002-32 PUBLIC HEARING TO CONSIDER A REQUEST FROM MIKE CLARK REPRESENTING MARGARET CHASE CHAMBLESS AND CARDINAL LANE INVESTORS LLC FOR A ZONING CHANGE FROM "I-L" LIGHT INDUSTRIAL AND "AG"AGRICULTURAL TO "0-1" OFFICE (LOCATED IN THE 8900 BLOCK OF CARDINAL LANE) 18.278 ACRES - ORDINANCE NO. 2677 CONTINUED TO JANUARY 13, 2003 Mayor Trevino opened the Public Hearing and asked City Council for a motion to continue to the January 13, 2003 meeting as requested by the applicant. COUNCILMAN WHITSON MOVED TO CONTINUE THE PUBLIC HEARING FOR PZ 2002-32 TO THE JANUARY 13, 2003 COUNCIL MEETING. COUNCILMAN LYLE WELCH SECONDED THE MOTION. Motion to continue carried 6-0. 9. PZ 2002-37 PUBLIC HEARING TO CONSIDER A REQUEST BY UICIINSURANCE COMPANY FOR A REVISION TO THE THOROUGHFARE PLAN (LOCATED IN THE VICINITY OF THE 8900 BLOCK OF CARDINAL LANE) - ORDINANCE NO. 2678 CONTINUED TO JANUARY 13. 2003 Mayor Trevino opened the Public Hearing and asked City Council for a motion to continue to the January 13, 2003 meeting as requested by the applicant. COUNCILMAN LYLE WELCH MOVED TO CONTINUE THE PUBLIC HEARING FOR PZ 2002-37 TO THE JANUARY 13, 2003 COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION. Motion to continue carried 6-0. 10. LRB 2002-04 PUBLIC HEARING TO CONSIDER A VARIANCE REQUEST BY FRAN MCCARTHY ON BEHALF OF ALAN YOUNG BUICKlPONTIAC/GMC FROM ORDINANCE NO. 2473 LANDSCAPE REGULATIONS AT 7700 GRAPEVINE HIGHWAY APPROVED Mayor Trevino opened the Public Hearing. Mr. Fran McCarthy, representing Alan Young, appeared before the Council. Mr. McCarthy, advised council that Mr. Young is wanting to enhance his dealership and provide additional services to the community by building a car wash and oil change center. Mr. McCarthy advised that because of the configuration of the property, Mr. Young is not able to meet the required 15-foot landscape setback. Mr. McCarthy City Council Minutes December 09,2002 Page 5 explained they are able to obtain 2,900 square feet of landscape buffer with an additional 5,100 feet of landscape in the greenbelt area outside of the property line in the right-of-way and 4,300 square feet of landscaping to the south and west of the property. Mr. Pitstick summarized the case, and presented staff recommendations. Mr. Pitstick advised that the landscape plan proposes a minimum 15 feet of landscaping in the Loop 820 right-of-way beginning at the northeast corner and extending to 22 feet along the Grapevine Highway frontage. Staff does not object to the proposed landscape plan as long as the applicant obtains permission from TXDOT to landscape the highway rig ht -of-way. Mayor Trevino called for anyone wishing to speak for or against to come forward. Mayor Trevino advised that Roselle Abarca, owner of Car Painters Collision, wished to go on record as being opposed to the request. Mr. Henry Schuman, Jr., owner of property directly behind proposed request, Schuman Automotive, was opposed to the request. Mr. Schuman advised he had talked with Mr. Curtis, Public Works Director, about his concerns, and requested that Mr. Curtis come forward to present his concerns. Mr. Curtis advised Mr. Schuman is concerned with the access easement. The Landscape Plan does show an access easement to serve several other properties. According to documents received tonight from Mr. Schuman the easement appears to be private and not a public access easement. Mr. Schuman is concerned that driveway will be utilized for another development and he personally controls the driveway access. Staff has not had time to review the documents, but does not see access to the site as an issue. At the time the site plan is submitted, Public Works will review and evaluate access at that time. Mr. Schuman is opposed to the easement being used by the general public. Mr. Cunningham advised council that the request under consideration is a landscape variance request. If the variance were to be impacted by the access easement it could be considered with request. Mr. Cunningham advised the landscape plan does not impact the easement and that the easement will have to be considered under the site plan review. Mr. Norwood clarified that this will not come back to Council as a site plan; that Mr. Curtis was referring to an internal site plan review. The site plan review will be handled at staff level. Mr. Schuman addressed the Council and voiced his opposition to the request. Mr. Schuman felt that the proposed landscape in the right-of-way would cause traffic problems. ~·_^·__·'__.__""O_e_>M_>'__'_'>__."___~~~__.___._'^'_-'_~,~~~_~_,_"______ City Council Minutes December 09, 2002 Page 6 Mayo Trevino called for anyone wishing to speak in favor to come forward. Mr. Alan Young, owner, spoke in favor of the request. Mr. Young advised his objective was to improve the corner aesthetically and that when the Enterprise Rent Car business moves to the new building, most likely the vacated building will be demolished which will improve visibility at the site. There being no one else wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN TOLBERT MOVED TO APPROVE LRB 2002-04, WITH THE PROVISION THAT IF TXDOT DOES NOT GRANT THE 15-FOOT SETBACK TO ALLOW FOR LANDSCAPING IN THE RIGHT- OF-WAY, THAT THE APPLICANT BE REQUIRED TO FOLLOW NORMAL LANDSCAPE REQUIREMENTS. Motion to approve carried 6-0. 11. GN 2002-136 ORDERING BOND ELECTION FOR FEBRUARY 1, 2003 - ORDINANCE NO. 2679 APPROVED Mr. Norwood presented the proposed Ordinance calling for a bond election for February 1,2003. COUNCILMAN TURNAGE MOVED,. SECONDED BY MAYOR PRO TEM METTS, TO APPROVE GN 2002-136, ORDINANCE No. 2679, CALLING FOR A BOND ELECTION FOR FEBRUARY 1, 2003. Motion to approve carried 6-0. Mayor Trevino advised that Councilwoman Johnson could not be present tonight but wished to go on record as being in support of the bond election. 12. GN 2002-137 TXU ELECTRIC AND GAS FRANCHISE FEE SETTLEMENT AGREEMENT - RESOLUTION NO. 2002-095 AND ADOPTION OF IMPLEMENTATION ORDINANCES - ORDINANCE NO'S. 2675 AND 2676 APPROVED Mr.Greg Vick briefed the Council on the TXU Electric and Gas Franchise settlement agreement. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2002-095 AUTHORIZING THE EXECUTION OF THE SETTLEMENT AGREEMENT AND APPROVE ORDINANCE NUMBERS 2675 AND City Council Minutes December 09,2002 Page 7 2676 AMENDING THE CITY'S ELECTRIC AND GAS FRANCHISES. COUNCILMAN LYLE WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 13. GN 2002-138 RESOLUTION REVISING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN REINVESTMENT ZONES CREATED IN THE CITY OF NORTH RICH LAND HILLS - RESOLUTION NO. 2002-097 APPROVED Mr. Pitstick presented the proposed resolution updating the guidelines and criteria for granting tax abatements in reinvestment zones. Primary change is to allow for the redevelopment of existing properties. The proposed resolution will allow the city to develop tax abatement for either real or personal property by adding a definition for redevelopment. As discussed in Pre-Council, (I) (2) has been revised to read "For an expanded, modernized facility, or redeveloped facility..." MAYOR PRO TEM METTS MOVED, SECONDED BY COUNCILMAN TURNAGE, TO APPROVE GN 2002-138, RESOLUTION No. 2002-097. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approved carried 6-0. 14. GN 2002-139 APPOINTMENTS TO NAMING BOARD APPROVED Ms. Patricia Hutson, City Secretary, advised that the ordinance establishing the Naming Board states that appointments are to be made annually by the Mayor, subject to City Council approval. Mayor Trevino is recommending that Mayor Pro Tem Metts, Councilman Tolbert, and Mayor Trevino be appointed to the Naming Board, COUNCILMAN LYLE WELCH MOVED TO APPROVE GN 2002-139, APPROVING THE MAYOR'S APPOINTMENTS TO THE NAMING BOARD. COUNCILMAN TIM WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 15. GN 2002-140 PLACE 7 APPOINTMENTS TO KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION AND BOARD OF ADJUSTMENT APPROVED The City Secretary advised Council of the vacancies for Place 7 on the Keep North Richland Hills Beautiful Commission and Board of Adjustment. Councilman Tim Welch's recommendation is to appoint Ms. Holly Bullington to Place 7 on the Keep City Council Minutes December 09, 2002 Page 8 North Richland Hills Beautiful Commission and Mr. Ken Sapp to Place 7 on the Board of Adjustment, terms expiring 6/30/2003. COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILMAN LYLE WELCH, TO APPROVE THE PLACE 7 APPOINTMENTS OF Ms.. HOLLY BULLINGTON TO THE KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION AND MR. KEN SAPP TO THE BOARD OF ADJUSTMENT. Motion to approve carried 6-0. 16. PW 2002-016 AWARD OF BID TO SRO IN THE AMOUNT OF $1,357,775.00 FOR THE CRANE ROAD PAVING AND DRAINAGE IMPROVEMENTS AND REVISE THE 2002-03 CAPITAL PROJECTS BUDGET AWARDED TO MCCLENDON CONSTRUCTION IN THE AMOUNT OF $1,105,574.72 Mr. Norwood presented the project and the bids received for the project. Council was advised that the project was bid as a base bid consisting of paving, street, drainage and sidewalks and also as an alternate consisting of off-site drainage improvements. McClendon Construction has the lowest bid for the base bid and SRO has the lowest bid for the alternate bid. Staff has reconsidered the need to move funds to finance the project and is recommending that Council approve the base bid of McClendon Construction in the amount of $1,105,574.72. The offsite drainage can be done at later time without an immediate impact. COUNCILMAN TOLBERT MOVED TO AWARD THE BASE BID TO MCCLENDON CONSTRUCTION COMPANY. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 17. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-COUNCIL AGENDA No action needed. 18. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS Councilman Turnage made the following announcements. City Council Minutes December 09, 2002 Page 9 Bring your pets and family to the Animal Adoption and Rescue Center on Thursday, December 12, and have your pet's photos taken with Santa. Enjoy a live woodturning demonstration at the NRH Public Library on Saturday, December 14 from 9:00 a.m. - 1 :00 p.m. We will have our last City Council meeting of the year on December 16 at 7:00 p.m. Register for winter recreation classes. Critter Connection open at North Hills Mall December 21 - 1 0:00am - 6:00pm NRH20 2002 ANNUAL REPORT Mr. Chris Swartz, NRH20 Manager, presented a PowerPoint presentation of the 2002 N RH20 Season Report. 19. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:35 p.m. II';' ,¡,;,'lii¡, \\\' C~I'ii' ,...,,\\ 11/// <"',.(~~......... ,,,(:// <'~'\ ..' ""'m~ Am~iD "'\<d>\ ~ Ll . . :~, ò f r r-l ~ ~ ---if11 ~ :~,,:. ðt&~ '. " < Patrîç,~~ HUj'0n -,9ity Secretary 1.'//1 :.',' J! I ! \ l \,\ \\' rbL Oscar Trevino - Mayor