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HomeMy WebLinkAboutCC 2004-10-11 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 - OCTOBER 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 October, 2004 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson Jo Cox Frank Metts, Jr. JoAnn Johnson Nancy Bielik Timothy J. Welch Absent: John Lewis Staff Members: Larry J. Cunningham Richard Torres Ogden "Bo" Bass Karen Bostic Patricia Hutson Alicia Richardson Debra Drayovitch John Pitstick Larry Koonce Mike Curtis Mary Edwards Dave Green Steve Brown Jim Starr Dave Pendley Call to Order Mayor Mayor Pro T em Councilwoman Councilman Councilwoman Councilwoman Councilman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Public Information Officer Director of Planning Library Director Interim Parks Director Building Official Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. Mayor Trevino introduced staff and council to Debra Drayovitch of TOASE. Ms. Drayovitch was standing in for City Attorney George Staples. 1. Discuss items from ReQular October 11. 2004 City Council MeetinQ None. City Council Minutes October 11, 2004 Page 2 2. IR 2004-105 Discuss SUQQested Modification of Season Sales on Vacant Lots Building Official Dave Pendley advised council Section 625.B.3 of the zoning ordinance allows temporary outside display and sale of Christmas trees, pumpkins, and other seasonal holiday items for a period of 40 days prior to the specific holiday following the issuance of a temporary vendor permit by the Building and Inspections Department. Mr. Pendley advised the ordinance allows for unimproved parking. Staff receives three applications per year and are reviewed for overall site plan, ground layout and parking. Staff is seeking input and direction from council pertaining to potential revisions to the current regulations. The City Attorney has expressed concern with restrictions on enterprise and to avoid this issue, staff would recommend both not-for-profit and for- profit entities be required to follow the same set of rules. Staff offered the following restrictions for council consideration: · No seasonal sales as the primary use of land. Seasonal sales would be a secondary or accessory use of land where an existing business or not- for-profit organization already exists. This would avoid sales that are set up on vacant properties; or · Permit applicants would be required to provide documentation to prove that they are either the owners of the property where the sales are proposed, have a business relationship with the property owner, or have permission from the owner to utilize the site Mayor Trevino asked Mr. Pendley if staff planned to take recommendations to the Planning and Zoning Commission. Mr. Pendley advised staff was seeking council consensus and would take to the Planning and Zoning Commission if changes were required. Council consensus was to refer suggested changes to the Planning and Zoning Commission for consideration to amend the zoning ordinance. 3. IR 2004-103 Liberty Park Patriotic Monument and Dedication Assistant Parks Director Vickie Loftice updated council on Liberty Park's patriotic monument and dedication. Ms. Loftice advised the brick sculpture will cost $58,000 and the masonry work will cost approximately $5,000. Staffs funding approach for the project will be community based as staff believes it is important to have buy-in and support from all stake holders. The Internal Public Art Committee and other staff have committed to raising fifty percent (50%) of the cost or $31,500 through corporate sponsors and individual contributors. Ms. Loftice advised council staff already raised $17,500. Staff is recommending the remaining $31,500 be funded through the arts and special events donation account which is funded through voluntary water bill donations. City Council Minutes October 11, 2004 Page 3 Ms. Loftice advised staff is requesting that the $63,000 be appropriated out of the arts and special events fund balance reserve, with the understanding that the $31,500 be reimbursed through the fundraising campaign. Ms. Loftice advised the project would take approximately six months to complete after execution of the contract. Staff is anticipating the dedication of the memorial to be May 2005. Staff was looking at either Armed Forces Day on May 21st or May 28th. Councilwoman Bielik suggested staff consider Flag Day which is in June as an option for the dedication. Councilwoman Cox asked staff to check with the local VFW groups in the area for support and ideas. 4. IR 2004-014 Discussion of November 22 and December 27 Council MeetinQs Mayor Trevino advised the second council meeting in November and December fall close to the Thanksgiving and Christmas holidays. Mayor Trevino said he spoke with the city manager and was advised there is no business that has been advertised for the second meetings that could not be heard on the first meeting. Mayor Trevino believes council should consider canceling the second meetings unless some business comes up that needs council attention. Council consensus was to cancel second meetings in November and December. 5. IR 2004-102 Discuss Recommendations of South Grapevine HiQhway Corridor OversiQht Committee Director of Development John Pitstick introduced Mayor Nelda Stroder and City Manager Jim Quinn of Richland Hills. Mr. Pitstick advised the cities of Richland Hills and North Richland Hills are working to revitalize the South Grapevine Highway Corridor. The focus of the South Grapevine Highway Corridor Committee has been to develop a visual image plan, identify market opportunities and assist in a realistic implementation plan to rejuvenate the area south of Loop 820. The priorities identified by both councils are: I. Joint Planning, Implementation and Funding a. Incorporate an interlocal agreement for joint corridor efforts b. Initiate a series of real estate forums to educate developers about development opportunities in the corridors c. Research creative funding options for urban revitalization II. Marketing and Image Enhancement a. Formulate a branding campaign for the corridors b. Develop joint improvement plans for gateway areas and intersections City Council Minutes October 11, 2004 Page 4 c. Encourage consistent code enforcement III. Encourage Mixed Use Development a. Conduct a joint regulatory diagnosis to determine if current codes and standards will accommodate proposed development b. Review and formulate joint economic development incentives package for target marketing of corridors c. Develop pilot project development implementation plans for key activity centers in corridors d. Formulate an Urban Housing Initiative to address housing opportunities in corridors The oversight committee has conducted four meeting and is bringing forward specific recommendations. The committee also voted unanimously to recommend to the City Councils of Richland Hills and North Richland Hills to allocate $129,000, including $64,500 by each city for the initial funding efforts. The funds will be spent on the following areas: Formulation of a Business Association Branding and Design Campaign Implementation Plans for Key Village Development of an Urban Housing Initiative $ 4,000 $75,000 $15,000 $35,000 Adjournment Mayor Trevino announced at 6:34 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 October 11, 2004 at 7:00 p.m. ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson Mayor Mayor Pro Tem Councilman Councilwoman Councilman Councilwoman City Council Minutes October 11, 2004 Page 5 Nancy Bielik Timothy J. Welch Councilwoman Councilman Staff: Larry J. Cunningham Ogden "Bon Bass Patricia Hutson Alicia Richardson Debra Drayovitch City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCA TION Councilwoman Cox gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Cox led the pledge of allegiance. 4. SPECIAL PRESENTATIONS None. 5. CITIZENS PRESENTATION Ms. Suzette Christopher, 4800 Holiday Lane, asked staff to review the privacy disclaimer provided on the city's website regarding GovDocs. Ms. Christopher advised the disclaimer had nothing to do with privacy. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Welch removed item 7b and Councilwoman Bielik removed item 7d. City Council Minutes October 11, 2004 Page 6 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE SEPTEMBER 27, 2004 COUNCIL MEETING B. REMOVED C. RP 2004-08 CONSIDERATION OF A REQUEST FROM CGI REAL EST AlE , INC. REPRESENTING RICHLAND HILLS CHURCH OF CHRIST TO APPROVE THE FINAL PLAT OF LOTS 3R1, 4R, & 5R, BLOCK 7 MEADOW LAKES ADDITION BEING A RE-PLA T OF LOTS 3R, 4, & 5, BLOCK 7 (LOCATED IN THE 4900-5000 BLOCK OF MEADOW LAKES DRIVE - 12.625 ACRES) D. REMOVED COUNCILMAN WELCH MOVED TO APPROVE 7 A AND 7c. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 7B. (REMOVED FROM CONSENT AGENDA) FP 2004-03 CONSIDERATION OF A REQUEST FROM KENT AND MARILYN SUE COOLEY TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 COOLEY ADDITION (LOCATED AT 8720 AMUNDSON - 0.996 ACRES) APPROVED Councilman Welch abstained from voting and discussion and completed an abstention form that is filed with City Secretary. Abstention affidavit stated conflict is a professional conflict; Councilman Welch is the consultant engineer of record. COUNCILWOMAN JOHNSON MOVED TO APPROVE FP 2004-03 THE FINAL PLAT OF LOT 1, BLOCK 1, AMUNDSON ADDITION. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0 WITH COUNCILMAN WELCH ABSTAINING. City Council Minutes October 11, 2004 Page 7 7D. (REMOVED FROM CONSENT AGENDA) PU 2004-039 AWARD OF BID TO AMERICAN CIVIL CONSTRUCTORS IN THE AMOUNT OF $1,482,629.14 FOR THE CONSTRUCTION OF THE WALKER'S CREEK MULTI-USE TRAIL AND BICYCLE TRANSIT STATION PROJECT - RESOLUTION NO. 2004-067 APPROVED Councilwoman Bielik advised council budgeted for item this year $1,355,249 and yet this bid came over the dollar amount budgeted. Councilwoman Bielik asked staff where the additional monies would be located. Managing Director Karen Bostic advised dollar amounts were included in the 2003/2004 budget for this project. The dollar amount in the 2004/2005 budget is the additional amount being requested for project for this fiscal year. Ms. Bostic advised there are amounts from prior fiscal years. COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2004-039. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 8. SUP 2004-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KWIK INDUSTRIES INC. FOR A SPECIAL USE PERMIT (SUP) FOR AN AUTOMATIC CAR WASH FACILITY (LOCATED AT 7425 DAVIS BOULEVARD- 0.597 ACRES)- ORDINANCE NO. 2807 APPROVED Mayor Trevino opened the public hearing. Mr. Sid Hollingsworth, applicant, was available to answer questions from council. Mayor Pro Tem Whitson asked applicant if he would be opposed to including a living screen between his property and McDonald's. Mr. Hollingsworth had no objection. Purpose of the request is to include an automatic car wash facility with the existing oil and lube business on the site. The Planning and Zoning Commission considered request at their September 26 meeting and unanimously recommended approval. Director of Planning Dave Green was available to answer questions from council. City Council Minutes October 11, 2004 Page 8 Councilwoman Johnson asked if the zoning ordinance requires the installation of security cameras. Councilwoman Johnson asked City Manager to see that future car wash facilities be required to install security cameras. 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 Trevino closed the public hearing. MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2807 WITH ADDITION TO INCLUDE LIVING SCREEN ON NORTH SIDE OF THE PROPERTY USING SAME CRITERIA AS THE CURRENT LANDSCAPE ORDINANCE. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 9. SP 2004-02 CONSIDERATION OF A REQUEST BY M.J. WRIGHT & ASSOCIATES FOR SITE PLAN APPROVAL OF A PROPOSED OFFICE BUILDING ON LOT 3, BLOCK 1, COUNTRY PLACE ESTATES (LOCATED IN THE 7900 BLOCK OF DAVIS BOULEVARD - 0.5401 ACRES) APPROVED Mr. Harvey Wright, representing applicant, was available to answer questions from council. Director of Planning Dave Green was available to answer questions from council. The request is to approve a site plan of a single-story office for a chiropractic office. This site is located immediately adjacent to the Country Place Estates Addition. The site is currently vacant and the existing zoning is Neighborhood Services. The Planning and Zoning Commission recommended approval at their September 16 meeting. Staff is also in agreement to recommend approval of request. Councilman Welch noticed in the back where the parking spaces are located there is an encroachment of approximately 2 ~ spaces in the turn around that encroaches on Lot 4. Has the applicant worked out a mutual access easement or does he own the adjacent Lot 4. Mr. Green advised the applicant does not own the adjacent property. Mr. Green pointed out there would be a separate instrument filed before the issuance of a building permit. City Council Minutes October 11, 2004 Page 9 COUNCILMAN LEWIS MOVED TO APPROVE SP 2004-02. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 10. GN 2004-044 CONTINUATION OF PUBLIC HEARING REGARDING CHARTER COMMUNICATIONS CABLE FRANCHISE RENEWAL CONTINUED Mayor Trevino advised item has been on previous council meetings to obtain citizen input regarding Charter Communications franchise renewal. Mayor Trevino asked for comments regarding Charter Communications. There being no one wishing to speak Mayor Trevino asked for a motion to continue item to the December 13 council meeting. MAYOR PRO TEM WHITSON MOVED TO CONTINUE TO DECEMBER 13 FOR CITIZEN COMMENTS ON GN 2004-044. COUNCILMAN METTS SECONDED THE MOTION. MOTION TO CONTINUE CARRIED 7-0. 11. GN 2004-099 TRANSFER OF THE HOMETOWN CABLE SYSTEM FROM GA TEHOUSE NETWORKS TO CHARTER COMMUNICATIONS AND AMEND CHARTER COMMUNICATIONS CABLE FRANCHISE - ORDINANCE 2808 APPROVED Representatives from GateHouse, Charter and developers of Hometown NRH met with staff to discuss transfer of the cable franchise. GateHouse has requested the City's consent to transfer cable telelvision system to Marcus Cable Associates d/b/a Charter Communications. All parties have agreed to transfer and amendment of Charter's franchise agreement. The amendment will include two additional I-Net locations for the Library and Recreation Center to be built in Hometown NRH. A paragraph is being added to franchise requiring Charter to continue with the build out of fiber optic network in Hometown NRH. Managing Director Karen Bostic was available to answer questions from council. Councilwoman Cox asked if the agreement would transfer should Charter's franchise not be approved. Ms. Bostic advised the agreement would still transfer regardless of outcome of Charter's renewal franchise. City Council Minutes October 11, 2004 Page 10 MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2808 TRANSFERRING FROM GATEHOUSE TO CHARTER. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 12. GN 2004-100 EXECUTE A CONTRACTUAL AGREEMENT WITH DONNA DOBBERFUHL FOR THE DESIGN AND SCULPTING OF A PATRIOTIC MONUMENT AT LIBERTY PARK- RESOLUTION NO. 2004-068 APPROVED Plans for the design and sculpting of a patriotic monument have been reviewed with the council and the Park and Recreation Board. The funding will be community based with half of the cost coming from the water bill voluntary contribution and the remaining being raised by staff. Staff is seeking council's approval of $63,000 to be appropriated out of the arts and special events fund balance reserve with the understanding that the $31,500 be reimbursed through the fundraising campaign. Assistant Parks Director Vickie Loftice was available to answer questions from council. Councilwoman Bielik asked if staff would stop campaigning once they have reached their goal or would they continue to take donations so the voluntary water bill fund can be replenished. City Manager Larry Cunningham advised council the voluntary donation on the water bill is split between three departments (Animal Control, Arts Fund and Library). Council asked staff to include in the water bills an explanation as to how the money was spent for the arts fund. COUNCILMAN WELCH MOVED TO APPROVE GN 2004-100. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 13. GN 2004-101 CONSIDER RESOLUTION ADOPTING GUIDELINES AND CRITERIA FOR USE OF 4B FUNDS FOR ECONOMIC DEVELOPMENT PURPOSES - RESOLUTION NO. 2004-069 APPROVED City Council Minutes October 11, 2004 Page 11 This item was part of the 2004/2005 annual budget council designated $250,000 to be used for economic development purposes from the 4B Sales Tax Fund. The intent of the program is to create a specific fund to be used to stimulate private development and attract new commercial investments. Staff is recommending that council approve Resolution No. 2004-069, which provides as a policy guideline that outlines specific criteria prior to the expenditure of funds. Director of Development John Pitstick was available to answer questions from council. COUNCILMAN METTS MOVED TO APPROVE GN 2004-101. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 14. GN 2004-102 CONSIDER RECOMMENDATIONS FROM SOUTH GRAPEVINE HIGHWAY CORRIDOR STRATEGY OVERSIGHT COMMITTEE APPROVED Recommendations from the South Grapevine Corridor Strategy Oversight Committee are to proceed with a request for proposals and the hiring of consultants to develop a formal plan for a branding, design elements and marketing campaign for the South Grapevine Corridor. The committee also voted unanimously to recommend to Richland Hills and North Richland Hills City Council allocation of $129,000, including $64,500 by each city, for the initial funding efforts for the South Grapevine Corridor. Recommended funds will be spent on the following areas: Formulation of a Business Association Branding and Design Campaign Implementation Plans for Key Villages Development of an Urban Housing Initiative $ 4,000 $75,000 $15,000 $35,000 Director of Development John Pitstick was available to answer questions from council. COUNCILMAN METTS MOVED TO APPROVE GN 2004-102. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes October 11, 2004 Page 12 15. GN 2004-096 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO.2 (TIF #2) & APPOINTMENT OF CHAIR APPROVED Council agreed to consider Item 15 & 16 together. The Reinvestment Zone NO.2 board of directors consists of nine directors; six are appointed by the City Council; one is appointed by the Tarrant County Hospital District; and one is appointed by the governing body of Tarrant County. The terms appointed by the City Council are to expire in October. The members whose terms have expired are Mayor Trevino, Councilman Metts, Councilwoman Johnson, Mayor Pro Tem Whitson, Councilman Lewis and Councilman Welch. City Council is requested to make six appointments to the Board. The Bylaws also state the Council shall appoint a Chair annually. Upon appointment of the six directors, Council is requested to appoint the Chair. COUNCILWOMAN JOHNSON MOVED TO REAPPOINT MEMBERS AND CHAIR SERVING ON REINVESTMENT ZONE No.2. AND REINVESTMENT ZONE NO. 1. MAYOR PRO TEM WHITSON SECONDED THE MOTION. Councilwoman Cox nominated Councilwoman Bielik to Board of Director for Reinvestment Zone NO.2. Mayor Trevino advised Council would vote on the motion. MOTION TO APPROVE CARRIED 4-3; WITH COUNCILMEN LEWIS, METTS, MAYOR PRO TEM WHITSON AND COUNCILWOMAN JOHNSON VOTING IN FAVOR AND COUNCILWOMEN Cox, BIELlK AND COUNCILMAN WELCH VOTING AGAINST. 16. GN 2004-097 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO.1 (TIF #1) & APPOINTMENT OF CHAIR APPROVED The Bylaws of Reinvestment Zone NO.1 state the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County College District; and one appointed by the governing body of Tarrant County. The directors are to serve two-year terms of office. The terms of five Council members (Mayor Trevino, Councilman Metts, Councilwoman Johnson, Mayor Pro Tem Whitson City Council Minutes October 11, 2004 Page 13 and Councilman Welch) serving on Reinvestment Zone NO.1 expire in October. The Bylaws also state Council shall appoint a Chair annually. Council considered item with Item 15 above. See item Item 15 for motion. 17. GN 2004- 098 APPOINTMENTS TO NAMING BOARD APPROVED The Naming Board was established by Ordinance No. 2517 for the purpose of submitting recommendations to the City Council for the naming of city facilities, which include parks, buildings, streets and other publicly owned facilities. The Board consists of three council members; Mayor Trevino, Councilman Metts and Councilman Lewis. The ordinance states that appointments to the Naming Board will be made annually on or before November 1 to serve one-year terms. The Mayor makes recommendation of appointments subject to Council approval. Mayor Trevino recommended Councilman Metts, Councilman Lewis and himself be reappointed to the Naming Board. MAYOR PRO TEM WHITSON MOVED TO APPROVE GN 2004-098. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 18. INFORMATION AND REPORTS Councilwoman Johnson made the following announcements. RummaQe. Craft & Bake Sale A rummage, craft and bake sale will be held October 15, from 8am to 4pm at the Dan Echols Senior Center, 6801 Glenview. The revenue earned goes toward school scholarships and community donations awarded throughout the year. Vincent: The Life of Vincent Van GOQh The Parks & Recreation Cultural Arts Division will present "Vincent: The Life of Vincent Van Gogh" at 7 p.m. on Saturday, October 16, at the BISD Fine Arts/Athletic Complex Black Box Theatre. Written by Leonard Nimoy and performed by F. Reed Brown, this one-man show uses a masterful blend of images of the artists' life and work, coupled with a powerful script, to give the audience a look into the world behind the works of this artistic genius and his brother, Theo. Admission is $15 (includes dessert reception beginning at 6 p.m.). Call 817-427-6600 for more information. City Council Minutes October 11 , 2004 Page 14 Fall Community Clean Up A Community Clean Up will be held from 9 a.m. to noon on Saturday, October 23, at the Tarrant County College Northeast Campus, 828 Harwood Road, Parking Lot E. Residents can get rid of brush, non-hazardous household products, furniture, bulky items, appliances and more. Proof of residency (driver's license or water bill) must be presented. Residents can bring one load per address. Computers, copiers, fax machines, and other electronics may also be dropped off for recycling. Call Neighborhood Services at 817-427-6650 for more details. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Teddi Zonker, Program Coordinator, Recreation Center - An email was received commending Teddi on the great job she has done fulfilling the NRH mission statement. 19. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:53, liHlAAJ"":", ..",~ ~..;..;:;.':."'~",....~ ~... '-'...... ...... ~ .: .... n .... ..ft. % ~~fST: r r':'i ::."" \ . h }t!lg ~ltd¡j~ Patricfä,J;;I.u Q~'~'~ity Secretary