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HomeMy WebLinkAboutCC 2003-12-15 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - DECEMBER 15, 2003 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 15th day of December, 2003 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Staff Members: Larry J. Cunningham Karen Bostic Paulette Hartman Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Clay Caruthers Thomas Powell JoAnn Stout Dave Green Kyle Spooner Absent: Patricia Hutson Call to Order Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Budget Manager Director of Building Services Neighborhood Services Director Zoning Administrator Information Services Director City Secretary Mayor Trevino called the Pre-Council meeting to order at 6:01 p.m. ~ Discuss Items from Reqular December 15. 2003 City Council Meetinq None. 2. IR 2003-139 Review Proposed Ordinance Providinq Exceptions for Rear Lot Electric Service (Aqenda Item No. 11) City Council Minutes December 15, 2003 Page 2 Mayor Trevino advised he requested this item be placed on the agenda. Mayor Trevino also asked staff to provide council with a suggestion to address the three plats that have come before council. The Planning and Zoning Commission will then forward their recommendation that would best suit the citizens of North Richland Hills. Mayor Trevino advised council he would attend the next Planning and Zoning Commission meeting to advise them of council's concerns and direction. Mr. Vick advised council the ordinance before them tonight addresses the three developments (Graham Ranch I and II and Whispering Oaks). The ordinance is designed to grandfather final plats that are approved on or before November 10, 2003. The ordinance will allow underground electrical in the front yard easements of subdivisions meeting the grandfathering requirements. The ordinance also stipulates that the homeowners association will be responsible for the maintenance of the screening wall. The screening wall will be 10" taller than the transformer and the transformer will sit on a foundation. Mr. Vick along with Richard Torres and Dave Green went through various issues and screening wall renderings. The developers have seen the rendering and are satisfied this grandfather ordinance will work for their developments. Councilman Welch asked if there is a standard for screening walls, if Oncor has seen the rendering for the screening wall and if there would be brick openings for water run off. Public Works Director Mike Curtis advised council that staff has a criteria for screening walls. Mayor Pro Tem Tolbert asked if there are other final plats that would fall under this grandfathering ordinance. Zoning Administrator Dave Green said to his knowledge there are no other plats that would meet the requirements of this ordinance. 3. IR 2003-135 Update and Review of Draft RFP - Loop 820 and Corridor Study Interim Assistant City Manager Richard Torres presented council with a powerpoint presentation of the Loop 820 Corridor Study. The study will include a transition plan for promoting changes in the area. The goals of the study provide for a logical geographic development of Loop 820 corridor, avoid piece-meal development along the corridor and avoid negative impact on existing adjacent neighborhoods. The scope of services provided in the study includes five general categories: background and analysis, land use plan for 820 corridor, transition strategies, traffic and access management plan and mass transit plan. The proposal will be mailed on December 19 and the deadline to submit proposals will be January 26,2004 by 5:00 p.m. The proposals will be based on an evaluation sheet and firms selected for further evaluation will be contacted January · _ _ . _'_.A~~__~'_~..~'.'''._.~_..'".'__~_"~______'_~~'___ City Council Minutes December 15, 2003 Page 3 29, 2004 to schedule an interview for February 11, 2004. Staff anticipates contract to be awarded on March 8, 2004. Councilman Turnage asked Mr. Torres what staff anticipated for the completion of the project. Mr. Torres advised there has been discussion, but staff will ask the consultants how long it will take them to complete the project. Mr. Torres advised he had in mind a 4-6 month study, but now believes it will be closer to 9-10 months. Councilman Turnage asked what staff budgeted for this study. Mr. Torres advised there is $75,000 budgeted in this year's budget and an additional $25,000 encumbered from last fiscal year. Councilwoman Johnson asked about the discussion of Loop 820 being a toll road. Mayor Trevino advised council there is a study within Texas Department of Transportation (TxDOT). TxDOT said a HOV lane, but they have to review it to see if it is going to be a managed lanes, toll roads or HOV lane. The review is the reason for the delay in the design of 820. Mayor Trevino advised council the only lanes that can be toll roads are only additional lanes. Mayor Pro Tem Tolbert asked staff to request that the consultant include language in notices to educate citizen and encourage citizen and business input. 4. Executive Session Executive Session - The Council may Enter into Closed Executive Session to Discuss the Following: Economic Development as Authorized by §551.086 North Hills Mall Development Executive Session was held following the regular council meeting. Adjournment Mayor Trevino announced at 6:51 p.m. the Council would recess to the regular Council meeting. City Council Minutes December 15, 2003 Page 4 REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order December 15, 2003 at 7:01 p.m. ROLL CALL Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Greg Vick Karen Bostic Alicia Richardson George Staples City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary Attorney Absent: Patricia Hutson City Secretary 2. INVOCATION Students from Smithfield Elementary gave the invocation. 3. PLEDGE OF ALLEGIANCE Students from Smithfield Elementary led the pledge of allegiance. 4. SPECIAL PRESENTATIONS · .' . ... _·_.m_·'·__·"·~_·_,~_,~_,_,"_~~·_.~·_,_~_".~,""^.~o",._.~."____..__~_~_ City Council Minutes December 15, 2003 Page 5 CHRISTMAS LIGHT WINNERS - Keep North Richland Hills Beautiful Commission member Kathy Luppy and Councilman Turnage presented certificates to the following winners. Truman Thompson, 6536 Victoria; Ronald Benefiel, 7000 Corona; The Pennels, 6604 Meadow Ridge; Ed & Toni Williams, 7617 Terry; Cody Martin & Mary Ann Traina, 5641 Cork; Gary & Debbie Yardley, 6704 Megan; Gary Buckley, 8641 Madison; Jeff & Kitty Gayon, 7200 Cottonwood and Glenn & Lorin Dabarnhill, 8512 Gillis. RECOGNITION OF FIRST GRADUATING CLASS - COMMUNITY EMERGENCY RESPONSE TEAM (CERT) - Fire Chief Andy Jones congratulated and recognized the first graduating class of the community emergency response team (CERT). The CERT program trains people to be prepared to respond to emergency situations in their homes and neighborhoods. RECOGNITION OF NIGHT OF HOLIDAY MAGIC COMMITTEE Councilman Metts and Councilwoman Johnson presented certificates to the following employees who worked on the Night of Holiday Magic Committee. Vickie Loftice, Ken Raney, Jimmy Cates, Jenny Mabry, Elizabeth Copeland, Stacy Smith, Sharon Davis, Adrien Pekurney, Debbie Durko, Debbie Privett, Jonathan Bryant, Lisa Juren and Paulette Hartman. 5. CITIZENS PRESENTATION The following people spoke in opposition to the recreational vehicle ordinance. Herb Parsons, 7701 Turner Drive, spoke on behalf of a group; B.R. Jackson, 5317 Scott Drive; Tommy Martin, 5425 Susan Lee Lane; Bill Ernest, 5428 Roberta Drive; Mary Cole, 7717 Briarcliff Court; William Mae, 4121 Cummings and Charles Wells, 4921 Wyoming Trail. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Mayor Pro Tem Tolbert removed item J from the consent agenda. City Council Minutes December 15, 2003 Page 6 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE NOVEMBER 24, 2003 COUNCIL MEETING B. APPROVAL OF MINUTES OF OCTOBER 20,2003 CITY COUNCIL WORK SESSION C. APPROVAL OF MINUTES OF NOVEMBER 11-12, 2003 GOAL SETTING WORK SESSION D. GN 2003-138 ADOPT ORDINANCE NO. 2754 ELIMINATING THE CABLE TELEVISION BOARD E. GN 2003-139 ADOPT ORDINANCE NO. 2756 ELIMINATING THE TOWN HALL COMMITTEE F. GN 2003-140 CANCELLATION OF DECEMBER 22,2003 CITY COUNCIL MEETING G. GN 2003-144 ADOPT ORDINANCE AMENDING PROCEDURES FOR PARK & RECREATION BOARD - ORDINANCE NO. 2755 H. GN 2003-148 APPOINTMENT OF CAPP REPRESENTATIVE - RESOLUTION NO. 2003-087 I. PU 2003-050 AWARD BID FOR 2004 YEAR MODEL DUMP TRUCKS TO FRIENDLY CHEVROLET J. REMOVED K. PU 2003-052 AWARD BID FOR 2004-YEAR MODEL VEHICLES TO CLASSIC CHEVROLET IN THE AMOUNT OF $97,640 L. PW 2003-018 RECOMMEND AWARD OF BID FOR THE 28TH/29TH YEAR CDBG PROJECT /ROBERTA DRIVE PAVING IMPROVEMENTS TO STABILE & WINN, INC. IN THE AMOUNT OF $361,590.73 COUNCILMAN METTS MOVED, SECONDED BY COUNCILMAN WHITSON TO APPROVE THE REMAINING ITEMS ON THE CONSENT AGENDA. Motion to approve carried 7-0. City Council Minutes December 15, 2003 Page 7 6J. PU 2003-051 APPROVE CONTRACT WITH DATAPROSE FOR UTILITY BILL DISTRIBUTION SERVICES - RESOLUTION NO. 2003-086 APPROVED Mayor Pro Tem Tolbert asked staff for more information relating to the contract. Finance Director Larry Koonce advised council staff is proposing a contract service for the stuffing and mailing of utility bills. In previous years staff has folded, stuffed and mailed the utility bills. Staff believes it to be more efficient for this service to be contracted. Staff will e-mail the bills to DataProse who will fold, stuff and mail the utility bills. Mayor Pro Tem Tolbert asked how many employees are involved each month with the mailing of utility bills. Mr. Koonce advised council there are two employees from the Utility Billing department and assistance from Information Services. Mayor Pro Tem Tolbert asked if there would be any internal savings or would the city still have the same personnel overhead. Managing Director Karen Bostic advised council the position for the person who handled the stuffing, folding and mailing of utility bills was eliminated during the budget process. MAYOR PRO TEM TOLBERT MOVED, SECONDED BY COUNCILWOMAN JOHNSON TO APPROVE ITEMJ. Motion to approve carried 7-0. Councilman Metts left the meeting at 7:59 p.m. 8. GN 2003-141 AMEND THE SOLID WASTE CONTRACT - ORDINANCE NO. 2760 APPROVED Mayor Pro Tem Tolbert gave council a summary on the chemical toilet ad hoc committee. Ms. Bostic summarized item advising council the chemical toilet ad hoc committee has reviewed the contract and is forwarding their recommendation that Trinity Waste no longer be the sole provider of chemical toilets and proposes the following changes to the solid waste contract to compensate Trinity for lost chemical toilet revenues. City Council Minutes December 15, 2003 Page 8 o Trinity Waste no longer be required to publish a four page newsletter twice a year; and o Trinity not be required to remove plastic and contaminants and grind only those trees that have been placed at the curb that do not contain plastic and contaminants. One additional housekeeping item is to remove section 6aa from Trinity Waste contract. Ordinance 2760 removes this section. COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2760, GN 2003-141. MAYOR PRO TEM TOLBERT SECONDED THE MOTION. Motion to approve carried 6-0. 9. GN 2003-142 AMEND SANITATION REQUIREMENT ORDINANCE NO. 2761 APPROVED Ms. Bostic advised council this item amends the section of Ordinance No. 2688 that requires chemical toilets at construction sites to be provided by Trinity Waste. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2003-142, ORDINANCE No. 2761. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 10. GN 2003-143 ADOPT ORDINANCE AMENDING THE LIBRARY CODE REFERENCES - ORDINANCE NO. 2759 APPROVED Mr. Vick advised this item comes before council tonight as part of the sunset report regarding the city's boards and commissions. The changes deal primarily with the concept of the Library Board functioning in an administrative capacity. There is no need for this requirement because the Library Director is the administrator of the Library. The City Attorney has drafted an ordinance reflecting this change. City Council Minutes December 15, 2003 Page 9 COUNCILMAN TURNAGE MOVED TO APPROVE GN 2003-143, ORDINANCE No. 2759. MAYOR PRO TEM TOLBERT SECONDED THE MOTION. Motion to approve carried 6-0. 11. GN 2003-145 ADOPT ORDINANCE PROVIDING EXCEPTIONS FOR REAR LOT ELECTRIC SERVICE - ORDINANCE NO. 2763 APPROVED Mr. Vick advised the ordinance for council consideration is designed to amend the requirements of the underground ordinance passed by the council October 13, 2003. The ordinance specifically allows residential subdivisions approved on or before November 10, 2003 to have underground electricity in the front yard, screening required for above ground appurtenances, the screening wall is defined by the ordinance and has certain limitations. The ordinance will also allow for the possibility of the walls to be built by a homeowners association or can be built at the time the home is being built. The homeowners association will be responsible for the maintenance of the screening wall(s). Councilman Welch asked if the easements need to indicate particular areas where the homeowner association easement is on top of the utility easement for the screening wall. Mr. Staples advised the city should not have to designate areas and the homeowner association is responsible for easement. The city has similar requirements today in drainage easements where the homeowner association is responsible for maintenance of the easements. The facilities that are placed in the easement should be addressed in the homeowner agreement. Councilman Welch is concerned with the liability and responsibility of the installation for the transformers and screening walls. Mr. Staples advised the homeowner association would be responsible for maintaining the wall and the owner of the lot would be responsible for the construction of the screening wall. Mr. Vick advised the transformer will be placed as soon as the pad sites have been properly graded. Mr. Staples pointed out that the construction of a screening wall shall be constructed prior to final inspection of the house. City Council Minutes December 15, 2003 Page 10 Mayor Trevino advised council he received a request to speak in favor of this item. Mayor Trevino asked council if they would like to waive council procedure and allow Mark Howe to address the council. Mr. Mark Howe, 3100 Terrace Brook Court, Colleyville, advised he was in favor of the ordinance. He is appreciative that the council considered revising the rear lot electrical ordinance. Mr. Howe would like to know if the box openings are going to be in the front or the back. Mr. Howe believes the screening wall would be less intrusive if it were a living screen. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2763, GN 2003-145. MAYOR PRO TEM TOLBERT SECONDED THE MOTION. Mayor Pro Tem Tolbert stated for the record that he is not a fan of having utilities in the front for various reasons, but seconded the motion, on behalf of the affected developers because they are not able to pass along the additional cost to the builder. Councilman Lewis said that he could not support the ordinance for fear of what the subdivision would look like in the future and the possibility of more than one appurtenance in the front yard. Councilman Turnage said that he can not support the ordinance. He feels that a 4-foot brick wall is more obtrusive than the utility box. Councilman Turnage could support it if it were even with the front building line of the home. He thinks a brick screen makes more sense closer to the house than the street. Mayor Trevino asked council if they would entertain a living hedge. Councilman Turnage believed a living hedge would be less obtrusive and would act as a better camouflaging agent than a brick wall. Mayor Trevino said council could make the homeowner association responsible for the living hedge. Councilman Welch stated that he was not in favor of the ordinance. Councilman Welch said that the council has not discussed the telephone boxes, cable, etc. and a natural buffer of vegetation 10 or 15 feet back would be easier to maintain. Mayor Pro Tem Tolbert said the ordinance did not address cable boxes and telephone lines. Mr. Vick said the ordinance that was adopted October 13, 2003 is for all utilities. The exception that is proposed tonight deals only with electrical and the intent was to leave other utilities as it is stated in Ordinance No. 2737. City Council Minutes December 15, 2003 Page 11 Mr. Staples advised council this ordinance does not only apply to electrical appurtenances. If council should desire the City Attorney will remove "and other appurtenances" from Ordinance No. 2763. Councilman TurnaÇle proposed an amendment to drop the reQuirement for masonry screeninÇl walls to be substituted with IivinÇl everÇlreen screen. Mr. Staples advised council they will need to remove the height limitation of the screening wall from the ordinance, because staff will have difficulty limiting the height of the screen. However, should council want they may put a limitation on the height of the screening wall. Mr. Staples asked Councilman Turnage if he wants to change masonry screening wall to living screen. Councilman Turnage asked the City Attorney if he needed to address the height of the living screen. Mr. Staples asked council to discuss the height of the living screen. The problem with a screen this close to the street would staff be comfortable with allowing a living screen to be any height or should it be limited. Mr. Staples asked council if they want to stay with the four and a half (4 %) feet in height. Councilman Turnage said that he wants to stay with the four and a half (4 %) foot height requirement for the living screen. Mr. Staples asked council for some liberty in wording of the ordinance to incorporate council's changes. Mr. Staples verified with Councilman Turnage that he only wants to allow electrical appurtenances (transformers). Mr. Staples asked staff if there were any other above ground electrical appurtenances. Mr. Vick stated that the verbiage "and other appurtenances" was intended for other permanent electrical appurtenances. Councilman TurnaÇle said that he proposes that other permanent electrical appurtenances be included in the ordinance. Councilwoman Johnson accepted the amendment. Mayor Pro Tern Tolbert did not second the amendment. Mayor Pro Tem Tolbert advised Oncor has not approved this ordinance and that staff had an ordinance worked out with Oncor. Mayor Pro Tem Tolbert believes this City Council Minutes December 15, 2003 Page 12 ordinance needs to go to the Planning and Zoning Commission if council continues to change the ordinance. Mayor Trevino announced motion died due to lack of a second. Mayor Trevino announced that he had a motion and an amendment and asked for a second. Mr. Staples asked council if they want to make the amendment an amendment to the motion that is on the floor and seek a second. Mayor Trevino said that there is a motion and second, but Mayor Pro Tem Tolbert withdrew his second for the original motion. Mr. Staples said that Mayor Pro Tem Tolbert's consent is not required to amend the motion. There is an amendment on the floor, not a friendly amendment, but an amendment. If there is a second to Councilman Turnage's amendment council can proceed. If it does not get a second then council has to move forward with the original motion on the floor. Mayor Trevino asked for a second to the amendment. Councilwoman Johnson seconded the amendment. Mayor Trevino advised the reason this item was brought before council was to help the developers with the new Oncor requirement. The ordinance will be referred back to the Planning and Zoning Commission for their review to discuss the many issues related to Oncor's requirement. The Planning and Zoning Commission will then forward their recommendation to council at a later time. Mayor Trevino wants the Planning and Zoning Commission to decide what is best for the citizens of North Richland Hills. Mayor Trevino asked for the vote on the amendment. The motion carried 4-2 with Councilman Lewis and Mayor Pro Tem Tolbert voting against and Councilmen Turnage, Whitson, Welch and Councilwoman Johnson voting in favor of motion. Mr. Staples said that the council needed to vote on the main motion as amended. The motion carried 5-1 with Councilman Lewis voting against and Councilmen Turnage, Whitson, Tolbert, Welch and Councilwoman Johnson voting in favor of motion. City Council Minutes December 15, 2003 Page 13 12. GN 2003-146 APPOINTMENT (WILLIAM A. STEWART) TO PLACE 5 ON KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION APPROVED City Manager Larry J. Cunningham advised council of the vacancy of Place 5 on Keep North Richland Hills Beautiful Commission. Councilman Whitson is recommending that William A. Stewart be appointed to Place 5 term expiring June 30, 2005. COUNCILMAN WHITSON MOVED TO APPOINT WILLIAM A. STEWART TO PLACE 5 TERM EXPIRING JUNE 30, 2005. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 13. GN 2003-147 APPOINTMENT TO PLACE 4 ON THE ANIMAL CONTROL SHELTER ADVISORY COMMITTEE APPROVED Mr. Cunningham advised council Warren Cox, a representative from an Animal Welfare Organization, has served for a number years on the Animal Control Shelter Advisory Committee. Mr. Cox is retiring from his position with Society for the Prevention of Cruelty to Animals (SPCA) and has tendered his resignation with the Animal Control Shelter Advisory Committee. Several members of the council have inquired about the availability of Pam Burney, former Environmental Services Director, who is now the Senior Director of National Shelter Outreach Program. Ms. Burney is available to serve on the committee should council want to appoint Ms. Burney to Place 4. COUNCILWOMAN JOHNSON MOVED TO APPOINT PAM BURNEY TO PLACE 4, TERM EXPIRING JUNE 30, 2004. MAYOR PRO TEM TOLBERT SECONDED THE MOTION. Motion to approve carried 6-0. 14. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA CITY None. 15. INFORMATION AND REPORTS Councilwoman Johnson made the following announcements. City Council Minutes December 15, 2003 Page 14 There will be no trash service on Thursday, December 25th in observance of the Christmas Holiday. Trash will be picked up on Friday, December 26th as the collection make-up day. City offices will be closed on Thursday, December 25th in observance of the Christmas Holiday. The regularly scheduled City Council meeting for December 22 has been cancelled. We will meet again on Monday, January 1 ih at 7:00 p.m. December 20 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner Dwayne Dornquast, Fidel Pizano, Felisiano Yanes and Randy Bright, Street Division/Public Works Department - A letter was received from a NRH resident complimenting them on the professional manner and timely response to the request for street repair in front of the resident's home. Public Information Director Jenny Mabry presented a public service announcement. 16. ADJOURNMENT Mayor Trevino announced at 8:46 p.m. the council would recess to Executive Session and that the council would reconvene and adjourn the regular council meeting in Pre- Council upon adjournment of Executive Session. Mayor Trevino adjourned the regular meeting ~",,\ ·ð\/wI"lL.Þ.^I....·-' m~... t1I.,-"::;::,~f(J~'~,,, ~ . ST: .... ~ ff~./· '\. '\ \ ;. itJ¡¿¿} :;i~~ '\ tricia u~' ~ City Secretary ~ ... .... ~ '~ ......... '!o.' ~.o! ~'( """ "".., 1/111"""1'\\'