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HomeMy WebLinkAboutCC 2004-02-23 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 - FEBRUARY 23, 2004 PRE-COUNCIL SESSION The City Council of the City of North Rich/and Hills, Texas met in Pre-Council session on the 23rd day of February, 2004 at 5:30 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 Richard Torres Karen Bostic Paulette Hartman Patricia Hutson George Staples Larry Koonce Mike Curtis Clay Caruthers Tom Shockley Thomas Powell Patrick Hillis John Pitstick Dave Green Jim Browne Andy Jones Lance Barton Chris Swartz Call to Order Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Interim Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Finance Director Public Works Director Budget Manager Police Chief Director of Building Services Human Resources Director Director of Development Zoning Administrator Parks & Recreation Director Fire Chief Assistant Public Works Director Aquatic Park Manager Mayor Trevino called the Pre-Council meeting to order at 5:30 p.m. All Council members present except Councilman Turnage who was present at 5:45 p.m. 1. Discuss items from ReQular February 23, 2003 City Council MeetinQ No items were discussed. City Council Minutes February 23, 2004 Page 2 2. IR 2004-020 Discuss 2004 Bond Sale Mr. Koonce, Finance Director, gave an update on the proposed bond sale. Mr. Koonce advised all the projects listed for the sale are outlined in the Informal Report included in the agenda packet. The sale includes one project from the 1994 bond election and several projects from the 2003 bond election - all of which are on the long range capital plan. Two projects will be funded with certificates of obligation - Booth Calloway Ground Storage Repainting and the Golf Course Pavilion. Council will be asked at the March 22 meeting to pass a resolution authorizing the City's intent to sell certificates of obligation. There were no questions from the Council. 3. IR 2004-021 Police Department Racial ProfilinQ Annual Report Police Chief Tom Shockley highlighted the racial profiling annual report. Chief Shockley advised that the report substantiates that there is not any racial profiling occurring in North Richland Hills. Chief Shockley advised three complaints were received over the year involving racial profiling and the officers were exonerated in all three instances. The video cameras in the patrol cars help to exonerate officers and show the citizens what occurred; in most cases it is the result of a misunderstanding. An evaluation of the data concludes that most traffic related contacts were made with Caucasian drivers followed by Hispanic and African American Drivers. The comparison of the data also concluded that the percentage of Caucasians that came into contact with police was greater than what the census shows as Caucasians having access to vehicles. Also, the percentages of African Americans, Hispanics and Native Americans that came in contact with the police were lower than each group's representation in the census. There was a brief discussion on possible legislation that would mandate a required form to be filled out for every traffic stop and the negative impact this requirement would have on law enforcement. Council agreed that the City would continue to oppose such legislation. 4. IR 2003-017 Discuss UpcominQ Special Session of the Texas LeQislature Ms. Paulette Hartman, Assistant to City Manager, advised it is anticipated that the legislature will meet in special session this spring to discuss school finance reform. The school finance legislation could have a potential negative impact on cities ability to generate revenue. Ms. Hartman outlined some of the plans being considered - · Any tax rate hike, new tax or change in policy resulting in an increase in revenue would require voter approval. · Property tax revenues cannot increase from year to year above the effective tax rate without voter approval. · Any multi-year obligations (bonds and contractual obligations) would require voter approval. City Council Minutes February 23, 2004 Page 3 . Any net revenue derived by a city from broadening the sales tax would be deposited to a "Texas Education Fund" and the comptroller would calculate the amount of city sales tax that should be retained by the state for the public school fund. . Measures to prevent cities and counties from increasing property taxes if local school tax rates are lowered. The plans proposed could hinder the city's ability to generate revenue and provide essential services to the citizens. The Council agreed that the legislation should be closely monitored and Staff was asked to set up a meeting with Representatives Griggs, Truitt and Senator Nelson, the cities they represent and the Quad cities to convey the position of the cities. Councilman Turnage present at 5:45 p.m. Council briefly discussed the impact the legislation would have on city services and how it could change the way cities do business and plan for the future. 5. Executive Session Mayor Trevino announced at 5:50 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) Deliberation Regarding Economic Development as Authorized by §551.087 - South Grapevine Highway Corridor Area b) Deliberation Regarding Real Property as Authorized by §551.072 - North Davis Area c) Consultation with Attorney to Consider Possible Litigation as Authorized by §551.071 - Charter Communications 6. Adjournment Mayor Trevino announced at 6:56 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order February 23, 2004 at 7:04 p.m. City Council Minutes February 23, 2004 Page 4 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 Patricia Hutson Alicia Richardson George Staples City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Associate Pastor David Ritsema of Oak Knoll Baptist Church gave the invocation. 3. PLEDGE OF ALLEGIANCE Associate Pastor David Ritsema led the pledge. 4. SPECIAL PRESENTATIONS FOURTH ANNUAL BUNNY DRIVE - Miss Haley Whatley announced the 4th annual bunny drive for Cook's Fort Worth Children's Medical Center. PROCLAMATION - ENGINEERS WEEK - Councilman Welch presented Public Works Director Mike Curtis with a proclamation proclaiming February 22-28 as National Engineers Week. City Council Minutes February 23, 2004 Page 5 5. CITIZENS PRESENTATION Mr. Charles Cole, 6125 Riviera Drive, spoke in favor of council supporting a senior tax freeze. Ms. Deborah Szymkowiak, 7501 Schiller Drive, asked for assistance with the commercial activity in her subdivision. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE FEBRUARY 05,2004 COUNCIL WORK SESSION B. MINUTES OF THE FEBRUARY 09,2004 COUNCIL MEETING C. GN 2004-012 APPROVE THE WAIVING OF STREET ESCROW FEES ALONG NORTH TARRANT PARKWAY FOR FOREST GLENN NORTH, LOTS 1-21, BLOCK 11N RETURN FOR DEDICATION OF PARK LAND D. GN 2004-013 APPROVE EASEMENT AND RIGHT-OF-WAY (ALONG 270 FOOT SECTION OF WESTERNMOST PROPERTY LINE OF CROSS TIMBERS PARK) FOR GAS SUPPLY TO TXU GAS COMPANY - RESOLUTION NO. 2004-014 E. GN 2004-014 APPROVE ORDINANCE ADOPTING REVISIONS TO THE CIVIL SERVICE RULES - ORDINANCE NO. 2773 F. GN 2004-015 APPROVE THE WAIVING OF STREET ESCROW FEES ALONG NORTH TARRANT PARKWAY FOR BRANDONWOOD ESTATES, PHASE III LOTS 1-10, BLOCK 111N RETURN FOR DEDICATION OF PARK LAND G. PU 2004-012 AWARD OF CONTRACT TO BLANK SLATE IN THE AMOUNT OF $35,000 FOR CREATIVE ADVERTISING FOR NRH20 FAMILY WATER PARK- RESOLUTION NO. 2004-015 City Council Minutes February 23, 2004 Page 6 H. PU 2004-014 AWARD BID FOR SEWER CLEANING TRUCK TO FORT WORTH FREIGHTLlNER IN THE AMOUNT OF $198,000 COUNCILMAN METTS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 8. PZ 2003-27 CONSIDER A REQUEST FROM JON EVANS FOR A ZONING CHANGE FROM "C-2" COMMERCIAL DISTRICT TO "PD" PLANNED DEVELOPMENT DISTRICT FOR "C-2" COMMERCIAL USES LOCATED AT 5101 DAVIS BOULEVARD - ORDINANCE NO. 2769 (CONTINUED FROM FEBRUARY 9, 2004 CITY COUNCIL MEETING) APPROVED Mayor Trevino advised audience the council held the public hearing at their February 9, 2004 council meeting and that council would not be hearing any public comments. Mr. Evans, applicant, advised council he made changes as suggested by council at the previous council meeting. The trash dumpster pad site was moved to the northwestern corner of the site and the air conditioning units will be mounted on the ground. Zoning Administrator Dave Green advised council applicant is proposing to demolish the existing structure and in its place build, in two phases, a new structure. Phase I will consist of a new building containing three lease spaces, with Phase II being a new building for the vacuum store. The Planning and Zoning Commission recommends approval with the following stipulations: (1) a note shall be placed on the site plan indicating that all signage will comply with the current sign ordinance at the time of permitting; and (2) within 90 days of a temporary Certificate of Occupancy for Phase I, the removal of the existing building and installation of all proposed landscaping and driveways will be completed. The applicant has requested the following variances: · Permission for all the proposed landscaping along the Maplewood Avenue frontage to be located within the street ROW rather than on the applicant's property; · Permission to not provide landscaping on the interior of the parking lot (one tree island required); · Permission to locate the ingress/egress points as shown on the site plan (do not meet minimum distance from corner and spacing requirements); · Permission to provide 19 parking spaces versus the 21 required; · Permission to locate Phase II building within 13 ~' of the Maplewood Avenue frontage (15' minimum setback required) City Council Minutes February 23, 2004 Page 7 Mr. Green met with Mr. Evans and they made significant changes to the signage. Staff asked Mr. Evans to produce a specific diagram of the vacuum sign. The dimensions show that each sign (Maplewood frontage and Davis Boulevard frontage) will not project no greater than six (6) inches from the wall face of the buildings. Mr. Green advised council any change to the sign requires Planning and Zoning Commission and Council approval. The lease space signage will be determined by the square footage inside the store. If there is drop ceiling to be included in the building plan than the size of the signs will decrease. Councilman Whitson asked staff to elaborate on the exterior lighting plan. Mr. Green advised exterior lighting is addressed when residential property is adjacent to property. Councilman Whitson voiced his concern for safety issues since the building did not have exterior lights. Councilman Whitson would like applicant to consider placing exterior lights on the building so it will show at night. Councilman Welch inquired to the color of shingles being used on the two story composition roof. Mr. Evans advised council the color would be brown. Councilman Welch asked if the shingle color could be part of the PD. Mr. Green advised council the shingle color would be included in the PD. MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE WITH THE STIPULATIONS SET FORTH IN THE PLANNING AND ZONING COMMISSION AND THAT THERE BE LIGHTS ADDED TO THE BACK OF THE FACILITY AND THAT THE LIGHTING PLAN BE APPROVED BY STAFF AND ALSO THERE BE A REQUIREMENT THAT THE SHINGLES BE SHOWN AS BROWN. COUNCILMAN TURNAGE SECONDED THE MOTION. Mr. Evans advised council that the exterior lights may encroach on the rear property. Mr. Evan said he has plans to put lights in the parking lot to face the building. Mayor Pro Tem Tolbert advised motion was for the lights to be there for security as approved by staff. If staff approves there is no requirement for lights in the back of the property it will comply with the motion. Motion to approve carried 7-0. City Council Minutes February 23, 2004 Page 8 9. PZ 2003-021 PUBLIC HEARING TO CONSIDER AN APPEAL FROM WALT W. LEONARD FOR A ZONING CHANGE FROM "AG" AGRICULTURAL DISTRICT TO "0-1" OFFICE DISTRICT AND "CS" COMMUNITY SERVICE DISTRICT LOCATED AT 8525 DAVIS BOULEVARD (3.32 ACRES) - ORDINANCE NO. 2772 (DENIED BY THE PLANNING & ZONING COMMISSION ON DECEMBER 18, 2003) DENIED Mayor Trevino opened the public hearing. Mr. Charles Lasater, representing applicant, was available to answer questions from council. Mr. Green advised council the property is located immediately to the west of the traffic signal located adjacent to the Target development on Davis Boulevard. The applicant proposes to rezone the majority of the property to Office Commercial, with the remainder of the property being zoned Community Service District. The Community Service District will allow basic retail type uses (ex: restaurant, movie rentals or tanning salon). The area requesting to be rezoned is within 200 feet of residential use and there is a requirement that any development have an approved site plan. The applicant does not have a specific user in mind for the property so staff does not have the ability to look at a site plan. The comprehensive plan denotes area for office use. Staff has received numerous letters from Steeple Ridge Addition and a petition of opposition from residents who live in the subdivision. The Planning and Zoning Commission recommend denial of request. Mayor Trevino asked for those wishing to speak in favor of request to come forward. There being no one wishing to speak, Mayor Trevino called for those wishing to speak in opposition to come forward. Mayor Pro Tem Tolbert advised there were four people who opposed request but did not want to speak: James and Laura Spencer, 9001 Trails Edge Drive; Virgil Lynn, 8616 Shadybrooke Drive; Tiffanie Bentz, 8624 Shadybrooke Drive. Mayor Trevino advised he received a letter from Stuart G. Rollins expressing his opposition to the appeal of the denial by Planning and Zoning concerning the rezoning of 8525 Davis Boulevard. The Rollins family would also like to represent the Byrd family (who is on vacation) and reside at 8637 Shadybrooke who are also against the rezoning. Mayor Pro Tem Tolbert advised there were citizens wishing to speak in opposition of request. The following people spoke in opposition: Jerry Jarzombek, 8558 Shadybrooke Court; Reno Minacepelli, 8562 Shadybrooke Court; Theresa Hampton, 8601 Saddle Ridge Trail; Virginia West, 8628 Shadybrooke Drive; Darrick Boyd, 8612 Twisted Oaks Way and Terry Korbel, 8621 Shadybrooke Drive. City Council Minutes February 23, 2004 Page 9 Mayor Trevino recognized Leonard Newman, 8601 Davis Boulevard, who spoke in favor of request. There being no one else wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM TOLBERT MOVED TO UPHOLD PLANNING AND ZONING COMMISSION RECOMMENDATION OF DENIAL FOR PZ 2003-21 BY NOT APPROVING ORDINANCE No. 2772. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to deny carried 6-1 with Councilwoman Johnson and Councilmen Lewis, Turnage, Whitson, Welch and Mayor Pro Tem Tolbert voting for denial and Councilman Metts voting against. 10. GN 2004-011 CONSIDERATION OF AN ORDINANCE ADOPTING A REGULATING PLAN FOR PARADES AND STREET USES- ORDINANCE NO. 2768 (CONTINUED FROM FEBRUARY 9,2004 COUNCIL MEETING) APPROVED Assistant to the City Manager Paulette Hartman summarized changes to the ordinance as discussed by council at their February 9 meeting. Section 15-201. Definitions · Recreational street use would mean the use of public street or alley for purposes including, but not limited to block parties, festivals and other similar recreational events, both charitable and non-charitable, which do not comply with normal and usual traffic controls. · Neighborhood parade has been changed to small parade · Small parade means a parade that will include no more than 25 vehicles and/or is limited to pedestrians marching or proceeding along a public street including, but not limited to: marathons, walk-a-thons bike-a-thons, march-a-thons, neighborhood association parades, and other similar processions. Section 15-207. Application · Language requiring that applications not be submitted more than sixty (60) business days prior to the event has been eliminated. Applicants are simply required to submit the application at least thirty (30) days before the date of the event. Section 15-208 of the Ordinance requires a large parade to be routed through one of the following areas: (1) Mid-Cities Boulevard from Rufe Snow Drive to Precinct Line Road, (2) Grapevine Highway from Glenview to Richland Plaza Drive. City Council Minutes February 23, 2004 Page 10 Ms. Hartman pointed out an error on page 4, number 11, it should read "a permit for a small parade for recreational street use". COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2004-011, ORDINANCE No. 2768. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. 11. PU 2004-013 AWARD PROPOSAL FOR FIRE STATIONS 1 & 4 TO HARRISON QUALITY CONSTRUCTION IN THE AMOUNT OF $4,185,070 - RESOLUTION NO. 2004-016 CONTINUED Mayor Trevino advised council discussed item in Executive Session and that he would entertain a motion. COUNCILWOMAN JOHNSON MOVED TO CONTINUE PU 2004-013, RESOLUTION No. 2004-016 TO A FUTURE MEETING. COUNCILMAN TURNAGE SECONDED MOTION. Motion to continue carried 7-0. 12. PW 2004-005 AWARD OF BID TO MCCLENDON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,693,910.05 FOR THE RUFE SNOW DRIVE STREET IMPROVEMENTS (GLENVIEW DRIVE TO KAREN DRIVE) AND REVISE 2003/04 CAPITAL PROJECTS BUDGET APPROVED Public Works Director Mike Curtis advised council the project is one of the last 1994 bond projects. When the budget for this project was originally set it was based on reconstructing the pavement to the existing width that exists today. Staff, during the bidding of this project, included alternate bids that would include some of the city image items or features. The alternate bid consists of 3 items: brick paver crosswalks, ornamental street lights and to restrict construction adjacent to North Richland Middle School to the summer months only (June 1 - September 1) to minimize disruption to school traffic. Staff is recommending that all bids items be considered and that it be awarded to McClendon Construction Company. COUNCILMAN WELCH MOVED TO APPROVE PW 2004-005 WITH ALTERNATE BIDS. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes February 23, 2004 Page 11 Motion to approve carried 7-0. 13. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA None. 14. INFORMATION AND REPORTS Councilman Lewis made the following announcements. The regularly scheduled City Council meeting for March 8th has been moved to the following Thursday, March 11th. It will begin at its regular time of 7:00 p.m. February is "Library Lover's Month" and the NRH Library is sponsoring a contest. Come by the Library and fill out a form with a few sentences on what you love about your Library. Place the form in the appropriate box and three different people will be winners- --one for the adult entries, one for the children's entries, and one chosen by Library staff as their favorite. Stop by the Library today! February 28 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. Bob Hagin, Park Department - An email was received from a NRH resident expressing appreciation to Hagin for his outstanding efforts in keeping the umpires, ball teams, fields and "everything in between" running smoothly. Without him, there would be no games. City Council Minutes February 23, 2004 Page 12 15. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:44 p. .