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Home My WebLink AboutCC 2004-01-12 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 - JANUARY 12, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 1 ih day of January, 2004 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage JoAnn Johnson David Whitson Timothy J. Welch Absent: Frank Metts, Jr. Staff Members: Larry J. Cunningham Richard Torres Karen Bostic Paulette Hartman Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Thomas Powell Clay Caruthers Dave Green Call to Order Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilman Councilman Councilman City Manager Interim 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 Support Services Director Budget Manager Zoning Administrator Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss items from ReQular January 12. 2004 City Council MeetinQ None. Mayor Trevino advised that Councilman Welch will be abstaining from discussion and vote on regular agenda Items No.8 and 9 because he is the engineer of record for the cases. City Council Minutes January 12, 2004 Page 2 2. IR 2004-002 Discuss ExpandinQ Objectives of Joint Ad Hoc RenaminQ Committee (South Grapevine Corridor) Councilman Turnage, Chair of the Joint Ad Hoc Renaming Committee, presented the committee's position. Councilman Turnage advised that the committee held its initial meeting on December 18. The consensus of the committee was to return to the respective City Councils and request that the objectives of the committee be expanded to also include a "branding concept" and general identification of the entire area. The committee felt it important to include in addition to Grapevine Highway, Rufe Snow Drive south of Loop 820 to S.H. 121 and Glenview Drive through both cities. The committee would like to expand the objectives to include 1) agreement on a general boundary for the proposed redevelopment; 2) consider development of a a "branding campaign" process to include a new name for the identified redevelopment area, identification of general design elements promoting a unique and specific image for the area and development of marketing materials to promote interest and investment. Councilman Turnage advised the committee was seeking a consensus of Council to expand the scope of their charge. Mr. Pitstick advised that the committee was comprised of Councilman Turnage, Councilwoman Johnson, Councilman Metts from North Richland Hills and Councilman Herb Reynolds and Councilman Steve Couch from Richland Hills City Council. The committee originally set the next meeting date for January 20, but the date has been changed to January 22 at 6:00 p.m. at the North Richland Hills Library. Richland Hills City Council will be considering the committee's request at their January 13 Council meeting. The consensus of the Council was to expand the objectives of the committee as requested and the committee will present status reports to the two City Councils. 3. IR 2004-001 Consider Joint MeetinQ with Richland Hills City Council to Discuss the Finalization of the South Grapevine HiQhway Corridor StrateQY Mr. Pitstick advised staff from Richland Hills and North Richland Hills and the planning consultants are recommending that the two city councils meet jointly one more time to review the results of the planning study, make any changes to the content or proposed implementation strategies and develop an informal consensus on the contents of the planning documents. Dates being considered for the joint meeting are February 3 or February 5. The Council was available either date. The Richland Hills City Council will be considering the two dates at their January 13 meeting and North Richland Hills staff will find out which of the two dates the Richland Hills City Council is available and set the joint meeting accordingly. 4. IR 2004-003 Discuss 2004 Federal LeQislative ProQram City Council Minutes January 12, 2004 Page 3 Ms. Hartman briefly outlined the 2004 Federal Legislative Program and requested Council input on the city's legislative priorities. Council was advised the program would be placed on the January 26 Council agenda for council approval. The program is based on the four guiding principles used by the city in the past to determine positions on city related issues. Guiding principles are local control, a predictable and sufficient level of revenue to provide for citizens, opposition to unfunded mandates and quality of life. Ms. Hartman briefly discussed the priorities: · Local priorities for Homeland Security · Public Safety and Collective Bargaining · Transportation issues including the reauthorization of the Transportation Equity Act, NETS funding, and Job Access Reverse Commute funding · Air Quality · Internet Sales Tax · Telecommunications issues related to the collection of franchise fees · CDBG Funding issues · Local Law Enforcement Block Grant Funding · Water Infrastructure Financing · Amusement Park Regulation Council briefly discussed the effort by the telecommunication industry associations to preempt local authority. The City will be discussing the city's position on this issue along with other priorities with its legislators. Mayor Pro Tern To/bert present at 6:12 p.m. Council did not have any additions or changes to the program and Staff will bring the program for formal adoption at the next Council meeting. 5. Executive Session Mayor Trevino announced at 6: 15 p.m. that Council would adjourn to Executive Session as authorized by the Texas Government Code §551.071 to discuss pending settlement with City Attorney on Humphries vs. Scott. 6. Adjournment Mayor Trevino announced at 6: 18 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER City Council Minutes January 12, 2004 Page 4 Mayor Trevino called the meeting to order January 12, 2004 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage JoAnn Johnson David Whitson Timothy J. Welch Mayor Mayor Pro T em Councilman Councilman Councilwoman Councilman Councilman Absent: Frank Metts, Jr. Councilman Staff: Larry J. Cunningham Richard Torres Karen Bostic Patricia Hutson Alicia Richardson George Staples City Manager Interim Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary Attorney 2. INVOCATION City Manager Cunningham gave the invocation. 3. PLEDGE OF ALLEGIANCE City Manager Cunningham led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. CITIZENS PRESENTATION City Council Minutes January 12, 2004 Page 5 Mr. Ronald Gabriel, 8316 Sandy Court, spoke as the group representative for ten individuals who are opposed to the location of the proposed Fire Station in the Forest Glenn Addition. Mr. Gabriel cited safety concerns with the close proximity of the park and depreciation in property values. Mr. Gabriel requested that the station be relocated to another nearby location. The following individuals spoke in opposition to Ordinance 2749 that restricts parking of recreational vehicles: James Milner, 7349 Plumwood; James Krug, 7504 Mike Court; Billy Ernst, 5428 Roberta Drive; Varnal Christopher, 6708 Tabor Street and Bryan "Gene" Bolt, 6725 Cylinda Sue Drive. Mayor Trevino advised council and the public the time limit of 20 minutes to hear citizens' presentation had expired. Mayor Trevino advised the public the council would continue with the business listed on the council agenda, but would return to citizens' presentation upon conclusion of city business. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE DECEMBER 15, 2003 COUNCIL MEETING B. GN 2004-003 REJECT BID FOR CONSTRUCTION OF PAVILION AT IRON HORSE GOLF COURSE C. PU 2004-001 AUTHORIZATION TO EXTEND ANNUAL SHIRT CONTRACT WITH ACTIVE IMPRESSIONS - RESOLUTION NO. 2004-001 D. PU 2004-002 AUTHORIZATION TO EXTEND ANNUAL CONTRACT FOR TOP SOIL, FLEX BASE AND SAND WITH HJG TRUCKING - RESOLUTION NO. 2004-002 E. PU 2004-003 AUTHORIZE INTER-LOCAL PURCHASING AGREEMENT WITH THE CITY OF BEDFORD AND AUTHORIZE PURCHASE OF FIREFIGHTER City Council Minutes January 12, 2004 Page 6 UNIFORMS - RESOLUTION NO. 2004-003 COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE SECONDED BY COUNCILMAN WHITSON. Motion to approve carried 6-0. 8. PZ 2003-18 PUBLIC HEARING TO CONSIDER A REQUEST FROM DON PHIFER FOR A ZONING CHANGE FROM "R3" RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICES (LOCATED IN THE 8000 BLOCK OF DAVIS BOULEV ARC - 2.18 ACRES) - ORDINANCE 2764 APPROVED Councilman Welch abstained from discussion and vote. Mayor Trevino opened the Public Hearing. Mr. Don Phifer, applicant, was available to answer council questions. Zoning Administrator Dave Green advised this request is one of two for council consideration. Mr. Green stated the Comprehensive Zoning Plan denotes this area as retail use, but applicant's request for neighborhood services is within the nature of the Comprehensive Zoning Plan. The Planning and Zoning Commission at their August 21, 2003 meeting recommended approval by a vote of 7-0. Mayor Trevino called for comments from the public. Mr. Johnny Gilliland, 2 Country Place Drive, advised council that he was concerned with the traffic and blind spot on Davis Boulevard. Mr. Gilliland asked council if they would petition Texas Department of Transportation (TxDOT) to change the speed limit on Davis Boulevard to 45 miles per hour. Mr. Gilliland also asked that Mr. Phifer erect a fence behind the property. Mayor Trevino asked staff to bring back for council action a resolution petitioning TxDOT to change speed limit on Davis Boulevard. Mayor Trevino asked for anyone else wishing to speak in favor or opposition of the item to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE PZ 2003-18 AND ORDINANCE No. 2764. COUNCILMAN TURNAGE SECONDED THE MOTION. City Council Minutes January 12, 2004 Page 7 Motion to approve carried 5-0 with Councilman Welch abstaining. 9. PS 2003-52 CONSIDERATION OF A REQUEST FROM PHIFER/HOGAN REALTY, L.L.C. TO APPROVE THE FINAL PLAT OF LOTS 1-5, BLOCK 2, LOTS 1-6, BLOCK 3 AND LOTS 1-5, BLOCK 4 COUNTRY PLACE ESTATES ADDITION (LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD - 5.866 ACRES) APPROVED Councilman Welch abstained from discussion and vote. Mr. Phifer, applicant, was available to answer questions from council. Councilman Whitson asked Mr. Phifer to describe the lot size. Mr. Phifer advised council the 19 lot subdivision will have larger lots with the smallest lot size being 9600 square feet, 84 foot minimum width and no swing drives. Mr. Phifer added that the developer would add curb and gutter and rebuild Country Place Drive, which is currently a private road. Mayor Pro Tem Tolbert asked Mr. Phifer about Planning and Zoning discussion with relation to the screening of the electrical transformers. Mr. Phifer advised council the Planning and Zoning Commission has worked with him regarding the placement of transformers. The Planning and Zoning Commission granted Mr. Phifer a variance based on environmental issues. The lot is heavily wooded and in an effort to preserve as many trees as possible the Planning and Zoning Commission is allowing placement of transformers in the front of the lot. Mr. Green summarized Planning and Zoning Commission recommendation to approve request by a vote of 7-0 subject to the following stipulations: 1. receipt of ROW dedication instrument for Country Place Drive from Oncor; 2. receipt of drainage easement instrument from Oncor; and 3. front yard electrical transformers to be screened on three (3) sides with live vegetation in the same manner as prescribed by the City Council for the Graham Ranch and Whispering Oaks Subdivision Mr. Green advised the applicant has the approval of Oncor for the required dedication instruments but to date has not received the documentation. Should the plat be approved staff will not sign or file the plat until the separate instruments are received and filed. Mr. Green advised council the living screen would be defined by landscape City Council Minutes January 12, 2004 Page 8 ordinance - large evergreen shrub, 36" tall on 3 foot centers, irrigated with water system and will not be higher than 10" above transformer. MAYOR PRO TEM TOLBERT MOVED TO APPROVE PS 2003-52 WITH THE LIVING SCREEN TO BE REGULATED BY THE LANDSCAPE ORDNANCE. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 5-0 with Councilman Welch abstaining. 10. PZ 2003-26 PUBLIC HEARING TO CONSIDER A REQUEST FROM SERVICE KING PAINT & BODY FOR A ZONING CHANGE FROM "C-1" COMMERCIAL DISTRICT TO "HC" HEAVY COMMERCIAL DISTRICT (LOCATED AT 6920 N.E. LOOP 820 - .37 ACRES) - ORDINANCE 2765 DENIED Mayor Trevino opened the public hearing. Mr. Pat Reminton, representing applicant, summarized item for council. Mayor Trevino asked for anyone wishing to speak in favor of request to come forward. Mayor Trevino advised he had two people in support of the item but did not wish to speak: Leland Hardage who resides at 3929 Willowbend Drive, The Colony and Scott Grant who resides at 7301 Ramblewood, Garland. There being no one else wishing to speak in favor Mayor Trevino asked for anyone wishing to speak in opposition to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. Council questioned the uses allowed in the Heavy Commercial District. The council discussed the applicant having the option of requesting a Special Use Permit under the current zoning for the new use of the property. MAYOR PRO TEM TOLBERT MOVED TO DENY PZ 2003-26, ORDINANCE No. 2765. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to deny carried 6-0. City Council Minutes January 12,2004 Page 9 11. GN 2004-001 APPROVE ORDINANCE NO. 2766 PROVIDING FOR DISCONTINUATION OF UTILITY SERVICES FOR NON PAYMENT AND PLACEMENT OF LIEN ON NON-HOMESTEAD PROPERTY APPROVED Finance Director Larry Koonce summarized item for council. Mr. Koonce advised council Ordinance 2766 would allow staff to place a lien on any non-homestead property that has an unpaid utility bill. The ordinance adds guidelines for disconnection of service for failure to pay a delinquent account. The ordinance also changes the delinquent date from fifteen to twenty days from the date a bill is mailed. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE 2766, GN 2004-001. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 12. GN 2004-002 APPROVAL OF NEW COMMITTEE MEMBER TO THE YOUTH ADVISORY COMMITTEE APPROVED Ms. Paulette Hartman, Assistant to City Manager, advised council there are six vacancies on the Youth Advisory Committee. Staff is recommending that Nick Ward, a student from Fort Worth Christian, be appointed to the Youth Advisory Committee for a two-year term. COUNCILMAN LEWIS MOVED TO APPOINT NICK WARD TO THE YOUTH ADVISORY COMMITTEE. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 13. PW 2004-001 APPROVE CITY-DEVELOPER AGREEMENT FOR PAVING IMPROVEMENTS TO SMITHFIELD ROAD AND BURSEY ROAD AND REVISE 2003/04 CAPITAL PROJECTS BUDGET - RESOLUTION NO. 2004-004 APPROVED Public Works Director Mike Curtis advised council the agreement before them tonight is to participate in several street improvements associated with the proposed Forest Glenn West development. The street sections listed in the agreement are: City Council Minutes January 12, 2004 Page 10 · Bursey Road extension east of Smithfield Road (no road currently exists) · Unimproved section of Bursey Road west of Smithfield road (currently a two lane asphalt section without curb and gutter) · Unimproved section of Smithfield Road south of Bursey Road (currently a two lane asphalt section without curb and gutter) · New Smithfield Road alignment north of Bursey Road (currently no road exists) Mr. Curtis advised Council at their October 27,2003 Pre-Council meeting they did not elect to move forward with the Smithfield Road alignment. However, the developer has offered to finance the City's share of the cost for the new section of Smithfield Road north of Bursey Road at an interest rate of one percent (1 %) compounded annually for three years. If Council elects to accept the developer's offer all street sections mentioned earlier can be improved as defined on the City's Master Thoroughfare Plan. Staff suggests Council approve Resolution No. 2004-004 and approve revisions to the 2003/04 Capital Projects Budget. COUNCILMAN TURNAGE MOVED TO APPROVE PW 2.004-001, RESOLUTION No. 2004-004. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 14. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE. COUNCIL AGENDA None. Mayor Trevino announced council would hear the remaining people who submitted a request to speak card. The following people spoke in opposition to the recreational vehicle ordinance. Herb Parsons, 7701 Turner Drive; Pat Burross, 7301 Frances Court; Chester Christopher, 7125 Douglas Lane; Jack Reynolds (did not speak), 8204 Timberlane Court; Herman Webb, 3540 Reeves; Matthew John Mulhern, 3436 Willow Crest Drive; Steve Cochran, 5113 Gibbons; Joe Katzler, 5512 Topper Court; Donny Scarborough, 5412 Webster, Haltom City; VA Christopher, 6708 Tabor Street; Mrs. Davis, 5901 Tourist; B.R. Jackson, 5317 Scott Drive; J.D. McEachern 4112 Daley Avenue; Aubrey Allred, 7320 Oakland Lane and Alan Carden, 7528 Red Oak. City Council Minutes January 12, 2004 Page 11 15. INFORMATION AND REPORTS Councilman Whitson made the following announcements. The Citizens Police Academy begins on Thursday, January 22nd. The class will be held for 12 weeks on Thursday nights. If you are interested in attending, call Officer Keith Bauman at 817-427-7000. The City will be hosting a parenting seminar at the Recreation Center on Saturday, January 24. Call 817-427-6600 to register or learn more information. January 17 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Paramedics Eric Cook, Matt Fisher, Charles Spradling, Rob Thomas and Eddy Wood, Emergency Medical Services, Fire Department - A note of sincere appreciation was received from a NRH resident for the courteous and professional manner given in response to the resident's mother-in-law who was in cardiac distress. She could not have received more efficient service. 16. ADJOURNMENT Mayor .TreVi".~,~djOUrned the meeting at 8:~ ".~. '., ~ "" '1,,- ~".ol~ ........... ~.....of. ~ i..,~:.... .... ~ ~ .... n ... ~ ~ . ". ~ ~~ \. ~ Oscar Trevino - Mayor A~."..~ST: r J~' ~~~ h 6:/ ~:{t¡~~ '- , .." Patricia nM~n~rt- City Secretary