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Home My WebLink AboutCC 2004-03-11 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 - MARCH 11, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 11th day of March, 2004 at 5:45 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 Ogden Bo Bass Karen Bostic Paulette Hartman Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Thomas Powell Steve Brown Andy Jones Dave Green Bill Thornton Call to Order Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilman 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 Director of Building Services Library Director Fire Chief Zoning Administrator Assistant Park & Recreation Director Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss Items from ReQular March 11, 2004 City Council MeetinQ No items were discussed. City Council Minutes March 11, 2004 Page 2 Mr. Cunningham advised Council that a correction was made to Ordinance No. 2771, Agenda Item No. 14. There was a typo on Page 5 of 6, Section 7-8 (b) - the word "property" was changed to "proper". 2. IR 2004-026 Presentation by Mr. Dan Quinto for the Purpose of a Development Update on the Hometown Addition Mr. Dan Quinto, Arcadia Development, presented a PowerPoint presentation updating the Council on the activities in the Home Town development. The presentation addressed current issues in the development, changes being made to the development's thoroughfare plan resulting from the new proposed elementary school, and the impact the proposed school will have on the development. Mr. Quinto also discussed with the Council home sales and future residential development, plans for commercial development and multi-family projects. Council questioned the impact the school would have on the TIF and the value of the lots and if there were plans to change any of the planned commercial to residential homes or the residential to multi- family. Mr. Quinto assured the Council that he was committed to making the maximum use out of the residential lots and not converting any of the commercial land to residential. 3. IR 2004-025 Discuss Possible Dates for TIF #2 and Hometown Library Work Session The Council agreed that they were available to meet on either April 19 or 20. The City Manager was asked to confirm which two days were best for Staff, to set the date accordingly and send out notification of the date to the Council. 4. Executive Session Mayor Trevino announced at 6:08 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) Consultation with Attorney to Consider Possible Litigation as Authorized by §551.071 - Charter Communications b) Deliberation Regarding Economic Development as Authorized by §551.087 - South Grapevine Highway Corridor Area c) Deliberation Regarding Real Property as Authorized by §551.072 - Mid Cities Area Adjournment Mayor Trevino announced at 6:47 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes March 11, 2004 Page 3 REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order March 11,2004 at 7:00 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 T em Councilman Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Richard Torres Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCA TION Councilwoman Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Johnson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS PROCLAMATION - RED CROSS MONTH City Council Minutes March 11, 2004 Page 4 Councilman Lewis presented Tammy Rice with a proclamation proclaiming March 2004 as American Red Cross Month. 5. CITIZENS PRESENTATION The following spoke during citizens presentation. Charles Cole, 6125 Riviera, voiced his concern with the cost for the repainting of the water tower. Herb Parsons, 7701 Turner Drive, spoke on behalf the following people: Gini Parson, 7701 Turner, Patricia Christopher, 6708 Tabor Street, VA Christopher, 6708 Tabor Street, Suzette Christopher, 4800 Holiday Lane, Nancy Bielik, 8009 Standley, Jo Cox, 7801 Redwood Court, Norma Lewis, 7721 Briarcliff Court and Roy Scull, 7721 Briarcliff Court and Patricia Scully 7721 Briarcliff Court. Mr. Parsons discussed his concerns with the manner in which City Council conducts citizens presentation, possible charter revisions and open meetings act. Mayor Trevino asked City Manager Larry Cunningham to have the city attorney respond to Mr. Parsons presentation. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE FEBRUARY 23, 2004 COUNCIL MEETING B. PS 2004-01 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICH LAND HILLS TO APPROVE THE FINAL PLAT OF LOT 11 R, BLOCK 3 J. L. AUTREY ADDITION (LOCATED AT 4001 RUFE SNOW - 1.987 ACRES) C. PS 2004-08 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICHLAND HILLS TO APPROVE THE FINAL PLAT OF LOTS 1 & 2, BLOCK 1 BROWN PARK ADDITION (LOCATED IN THE 8200 BLOCK OF SHADYWOOD LANE - 7.010 ACRES) City Council Minutes March 11, 2004 Page 5 D. PU 2004-015 AWARD BID FOR TRAFFIC MATERIALS SUPPLY CONTRACT TO ROCAL, INC. AND ROADRUNNER TRAFFIC SUPPLY - RESOLUTION NO. 2004- 017 E. PU 2004-016 AUTHORIZE CONTRACT EXTENSION WITH VMC LANDSCAPE SERVICES FOR THE RIGHTS-OF-WAY CONTRACT MOWING - RESOLUTION NO. 2004-018 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 8. PS 2004-03 PUBLIC HEARING TO CONSIDER A REQUEST FROM FOUNTAIN RIDGE, LTD. TO APPROVE THE FINAL PLAT OF LOTS 1 RAND 2R, BLOCK 3 FOUNTAIN RIDGE (LOCATED IN THE 5900 BLOCK OF DAVIS BOULEVARD .354 ACRES) APPROVED Mayor Trevino opened the public hearing. Mr. Jackie Fluitt, 3950 Fossil Creek Boulevard, advised council he represented applicant. Mr. Fluitt was available to answer council questions. Zoning Administrator Dave Green advised the purpose of the re-plat is to adjust the alignment of Creek View Drive intersection with Davis Boulevard. The Planning and Zoning Commission met and recommended approval of the final plat. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN METTS MOVED TO APPROVE PS 2004-03. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. City Council Minutes March 11, 2004 Page 6 9. PZ 2000-36R1 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TODAY REALTY ADVISORS, INC. FOR A REVISION TO THE APPROVED "PD" PLANNED DEVELOPMENT DISTRICT TO INCLUDE A "TRADE OR BUSINESS SCHOOL" AS A PERMITTED USE (LOCATED AT 6311-6361 GRAPEVINE HWY - 42.090 ACRES) - ORDINANCE 2775 APPROVED Mayor Trevino opened the public hearing. Mr. David Scroggins, 10907 Lubbock Drive, Dallas, was available to answer council questions. Mr. Green advised applicant wishes to use the old Montgomery Ward building to relocate the A TI Training Center that is currently located in Hurst. The Planning and Zoning Commission and staff both recommend approval of request. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2775. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 7-0. 10. PZ 2004-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SERVICE KING PAINT AND BODY L.P FOR A SPECIAL USE PERMIT (SUP) FOR AN AUTO ALARM, STEREO ELECTRONICS INSTALLATION AND/OR REPAIR (LOCATED AT 6920 N.E. LOOP 820 - .37 ACRES) - ORDINANCE 2777 APPROVED Mayor Trevino opened the public hearing. Mr. Pat Remington, 1000 Ballpark Way, representing Service King was available to answer council questions. Mr. Green advised applicant wishes to lease a portion of the existing vacant building to ProTech Electronics for the sale, installation, and/or repair of auto stereo, video, security and electronic equipment. Mr. Green reminded council they denied a previous request (PZ 2003-26) from applicant for C-2 Commercial, but that they indicated to City Council Minutes March 11, 2004 Page 7 applicant a request for Special Use Permit would be desirable. Planning and Zoning Commission recommends approval of request with the following stipulations: 1. Applicant should extend the proposed rear vegetative screen and irrigation for the entire length of the property where adjacent to residential uses. 2. The proposed 2 live oaks at the northwest corner of the site should be a minimum of 3" in caliper. 3. The landscape plan should note that all landscaping should be irrigated and that any vegetation that dies or is damaged will be replaced. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM TOLBERT MOVED TO APPROVE PZ 2004-05 AND ORDINANCE No. 2777. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. 11. PZ 2004-02 PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE SUBDIVISION REGULATION REQUIREMENTS CONCERNING THE LOCATION OF ABOVE-GROUND UTILITY SERVICE APPURTENANCES IN RESIDENTIAL SUBDIVISIONS - ORDINANCE 2774 APPROVED Mayor Trevino opened the public hearing. Councilman Whitson left the meeting at 7:43 p.m. Mr. Green advised the Planning and Zoning Commission along with staff were asked to reassess the issue of utility services in new residential subdivisions with respect to above ground appurtenances. The Planning and Zoning Commission deliberations included: legal basis for controlling utility locations, transformer location and screening, Oncor accessibility, definition of reasonable access, developer costs, acceptable alternatives to rear lot locations and requirements for approval of non-rear lot locations. The Planning and Zoning Commission reaffirmed the requirement for utilities to be located in rear lot locations. The Commission does recommend that front yard locations be permitted in certain situations with commission approval and after meeting certain requirements. The following are highlights of the proposed ordinance: City Council Minutes March 11, 2004 Page 8 · All electrical, telecommunications and cable facilities shall be place underground in an easement at the rear of the lot · Electrical transformers must be accessible by a 7' wide dedicated Oncor utility easement that extends to the transformer from the street · Transformers shall not exceed 36" in height and be placed on a concrete pad not exceeding 18 square feet in area · Access to the transformers shall be through a 5' removable fence panel or gate · Property owners and city code officers will work together to make sure that the transformer and surrounding area is free from obstructions The Planning and Zoning Commission provided exceptions to rear lot locations which would be based on: · Environmental or technical reasons that prevent rear lot locations · Approval for locations other than rear lot must be presented and approve by the Planning and Zoning Commission at the preliminary plat stage of design The Planning and Zoning Commission also provided requirements for alternative front lot locations if they are approved by the commission. The requirements are: · Transformers shall be located a maximum of 5' from the front building line and located in a 10' wide utility easement that parallels the side property lines of two adjacent lots · Transformers shall be hinged for rear access. Access must be free from obstructions · Screening of the transformers on the front and side of the pad by a live vegetative screen is optional but recommended. Maintenance of any optional screening shall be the responsibility of adjacent property owners · If the transformer is located on a slope where retaining walls are required, the transformer shall be located on the lower level with the retaining wall "jogged" to provide adequate rear access for maintenance · Exceptions to these requirements must be resolved at the preliminary plat stage Mr. Green advised council, per their request, this ordinance does not affect previously approved plats. City Council Minutes March 11, 2004 Page 9 Mayor Trevino asked if there was anyone wishing to speak in favor of request to come forward. Ms. Marilyn Ackmann, Area Manager of Oncor, expressed her gratitude to the Planning and Zoning Commission for allowing Oncor to comment and provide input for the ordinance. Ms. Ackmann introduced Oncor representatives Martin Moore and Marie Webb. Mayor Trevino asked if there was anyone wishing to speak in opposition to come forward. There being no one else wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN METTS MOVED TO APPROVE ORDINANCE No. 2774. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 12. PZ 2003-28 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA HOLDINGS, INC. TO APPROVE A REVISED THOROUGHFARE PLAN FOR THE HOME TOWN NRH ADDITION LOCATED WEST OF GRAPEVINE HIGHWAY AND SOUTH OF MID-CITIES BOULEVARD - ORDINANCE NO. 2776 APPROVED Mayor Trevino opened the public hearing. Mr. Green advised applicant has been working with Birdville Independent School District for a new elementary school site. The site will be at a future intersection of two major streets (Parker and Bridge). The proposed site has necessitated a revision to the existing thoroughfare plan and preliminary plat. A traffic impact analysis was submitted to assess the proposed revisions, which has been reviewed by the Public Works Department. The Public Works Department recommends approval of the requested changes to the thoroughfare plan for the HomeTown NRH addition. The Planning and Zoning Commission met and recommend approval with the stipulation that no change be approved in the status of streets colored in orange (south and east of Parker) on applicants graphic. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2776 AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. City Council Minutes March 11, 2004 Page 10 13. PS 2004-02 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICHLAND HILLS TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 FIRE DEPARTMENT ADDITION (LOCATED AT 7245 HIGHTOWER- 2.7561 ACRES) APPROVED Mr. Green advised the city desires to plat site for the purpose of constructing Fire Station NO.4. The Planning and Zoning Commission heard request and recommend approval of PS 2004-02 with the suggestion that the plat be renamed Lot 1, Block 1 Stan Gertz Addition to honor former Fire Chief Stan Gertz. Mr. Green advised staff's recommendation is to approve PS 2004-02 the final plat of Lot 1, Block 1 Fire Department Addition as recommended by the Planning and Zoning Commission with the renaming of the plat to be considered by the council appointed naming committee. COUNCILMAN METTS MOVED TO APPROVE PS 2004-02 AS RECOMMENDED BY STAFF. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 14. GN 2004-016 APPROVE ORDINANCE FOR DOMESTIC PREPAREDNESS- ORDINANCE NO. 2771 APPROVED Fire Chief Andy Jones advised council the city's previous ordinance that related to Emergency Management was outdated and did not meet state minimum recommendations. The ordinance before them tonight meets state guidelines set forth by the Texas Department of Public Safety Division of Emergency Management and staff is recommending approval of ordinance. MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2771. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. City Council Minutes March 11, 2004 Page 11 15. GN 2004-017 APPROVE 2004 PREVENTATIVE STREET MAINTENANCE PROGRAM APPROVED Public Works Director Mike Curtis advised council a CIP Committee meeting was conducted February 27,2004, at which the Public Works department presented the 2004 Preventive Street Maintenance Program. The program consists of asphalt overlay (17 streets), slurry seal (32 streets), and crack seals (40 streets). The recommended list of streets includes two streets that were added to the program during the CIP Committee meeting. The two streets added were: Nancy Lane (Maplewood Avenue to Loop 820) new subgrade and asphalt pavement $119,000 Odell Street (Davis Boulevard to Smithfield Road) slurry seal $3,000 Mr. Curtis advised council the total estimated cost of the program being recommended is $829,855 and the City Council approved $710,855 in the 2003/2004 Capital Projects Budget. The increase in cost is the result of adding Nancy Lance. Therefore it will be necessary to revise the Capital Projects Budget. Mr. Curtis informed council there were sufficient funds available in the permanent street maintenance fund to cover the additional cost. Mayor Trevino recognized Councilman Welch who chairs the CIP committee. Councilman Welch recognized Mayor Pro Tem Tolbert who is vice-chair and Councilwoman Johnson who is a member. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2004-017. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 16. PU 2004-011 RECOMMENDATION OF THE PARKS AND RECREATION ADVISORY BOARD REGARDING CHANGE ORDER #1 TO THE CONSTRUCTION CONTRACT WITH DEAN CONSTRUCTION FOR LIBERTY PARK AND TOMMY AND SUE BROWN PARK IN THE AMOUNT OF $151,132 AND AMEND THE FY 03/04 CIP BUDGET (COUNCIL CONTINUED ITEM AT THEIR 2/9/04 MEETING) APPROVED City Council Minutes March 11, 2004 Page 12 Mr. Bill Thornton, Assistant Park and Recreation Director, summarized item for council. Mr. Thornton advised council this item was continued at their February 9 meeting to allow staff time to acquire information regarding grant funds and acquisition of land at Little Bear Creek. The council also asked the Park and Recreation Board to review the alternates that were included with the competitive sealed proposals and forward their recommendation to the council. The Park and Recreation Board reviewed alternates and suggest the following alternatives and recommend that council approve change order no. 1 in the amount of $151 ,132 to the construction contract with Dean Construction and appropriately amend the CIP budget. Liberty Park · Alternate 1 pre-fabricated bridge $37,000 · Alternate 2 flag poles $24,600 · Alternate 3 stone veneer on culvert wall $10,500 · Alternate 4 stone masonry arbor column bases $11,300 · Alternate 5 additional small playground equipment piece $20,200 Tommy & Sue Brown Park · Alternate 1 pre-fabricated bridge $36,000 · Alternate 2 additional concrete sidewalks $16,000 · Alternate 3 additional planting around public art $3,000 · Alternate 4 additional small playground equipment piece $22,000 COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2004-011. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 5-1; Councilwoman Johnson, Councilmen Lewis, Turnage, Metts and Welch voting for and Mayor Pro Tem Tolbert voting against. 17. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA Executive Item 4a - Consultation with Attorney to Consider Possible Litigation - Charter Communications City Council Minutes March 11, 2004 Page 13 Assistant to City Manager Paulette Hartman advised Council was being requested to approve a resolution authorizing participation in the Coalition of Cities to initiate a formal hearing process regarding the assessment of liquidated damages against Charter Communications. MAYOR PRO TEM TOLBERT MOVED TO APPROVE RESOLUTION No. 2004-019, AUTHORIZING THE CITY'S PARTICIPATING IN THE COALITION OF CITIES TO INITIATE A FORMAL HEARING PROCESS AGAINST CHARTER COMMUNICATIONS. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 6-0. Councilwoman Johnson left meeting at 8:20 p.m. 18. INFORMATION AND REPORTS Councilman Turnage made the following announcements. Join us for the Senior Springfest and Health Expo at the Dan Echols Senior Center. There will be educational seminars, a fashion show and entertainment. Local organizations and health agencies will be present with free health screenings and information. The Expo will be on Saturday, March 20, from 9:00 a.m.-3:00 p.m. The Dan Echols Senior Center is located at 6801 Glenview. Register now for Spring Day Camp at the Recreation Center. The camp will be from April 5-9. Youth will have a great place to have fun while on vacation from school. Call the Recreation Center for more details. The Lotta Night Music Concert Series will begin its fourth year in April. This annual event is a fun way for the family to enjoy good music, spend time outdoors, and do it all for free! The first concert will be The Duffin Family, which will play bluegrass and gospel. The concert begins at 7pm at Green Valley Park. Call the Recreation Center for more information. March 13 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner - Every Council Meeting an employee is recognized for their efforts and hard work. City Council Minutes March 11, 2004 Page 14 Sgt. Neal Maranto, Police Department - An email was received from a NRH resident expressing appreciation to Maranto for his assistance when the resident experienced a flat tire returning home late one evening. His presence was a blessing and his professionalism and conduct was of the highest caliber. 19. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:22 p.m. ATTEST: gdóUêt¿¿~ Patricia Hutson - City Secretary