HomeMy WebLinkAboutCC 2005-01-10 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 10, 2005
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 10th day of January, 2005 at 6:25 p.m. in the Pre-Council Room prior to the 7:00
p.m. regular Council meeting.
Present: Oscar Trevino
David Whitson
John Lewis
Jo Cox
Suzy Compton
Nancy Bielik
Timothy J. Welch
Absent: JoAnn Johnson
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
Alicia Richardson
George Staples
John Pitstick
Larry Koonce
Mary Edwards
Dave Green
Drew Corn
Call to Order
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilman
Councilwoman
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 Information Officer
Director of Planning
Budget Director
Mayor Trevino called the Pre-Council meeting to order at 6:25 p.m.
1. Discuss items from Reqular January 10. 2005 City Council Meetinq
Councilwoman Bielik questioned why some final plats are on the regular agenda and
others are on the consent agenda. Mr. Cunningham explained that final plats are
generally placed on the consent agenda, but that the plats before Council tonight relate
to zoning requests, which are also on the agenda. A decision was made to put all the
items together. Mr. Cunningham explained that should Council decide not to approve
the zoning, they might also not want to approve the related plat. Any plats relating to
City Council Minutes
January 10, 2005
Page 2
residential replats require public hearings and are therefore also placed on the regular
agenda.
Councilwoman Cox requested clarification on the square footage requirements for R-1
and R-2 zoning. Mr. Green advised R-2 zoning requires a minimum 9,000 square foot
lot and a 2,000 square foot minimum house. R-1 zoning requires a minimum 11,000
square foot lot and a 2,400 square foot house.
2. IR 2005-001 Review Process of Gas Rate Requlatorv Procedures
Mr. Staples gave Council a general overview on utility rate regulatory procedures and
the city's role in the process. Council was advised there are two items on the regular
agenda pertaining to A TMOS request for an interim rate adjustment. Staff will address
the items during the regular Council meeting.
3. IR 2005-009 Report on Limitations on Actions and Statements of Members of City
Boards & Commissions
In response to questions raised during the December Council meeting regarding Board
and Commission members ability to participate in public forums and political activities, a
general memorandum was prepared by City Attorney Staples to give guidance to the
Board and Commission members. Mr. Staples discussed with Council the contents of
the memorandum. Council was that advised that with their consensus the information
will be distributed to each of the Boards & Commissions by placing an item on each of
their agendas to discuss and answer any questions. The consensus of the Council was
for Staff to proceed with taking the information to each of the Board and Commissions.
Adjournment
Mayor Trevino announced at 6:44 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 January 10, 2005 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
David Whitson
Mayor
Mayor Pro T em
City Council Minutes
January 10, 2005
Page 3
John Lewis
Jo Cox
Suzy Compton
Nancy Bielik
Timothy J. Welch
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilman
Absent:
JoAnn Johnson
Councilwoman
Staff:
Larry J. Cunningham
Patricia Hutson
Alicia Richardson
George Staples
City Manager
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Councilwoman Jo Cox gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Councilwoman Jo Cox led the pledge of allegiance.
Mayor Pro Tem Whitson recognized Boy Scout David Michener, Troop 144
4.
SPECIAL PRESENTATIONS
None.
5.
CITIZENS PRESENTATION
Mrs. Patricia Christopher, 6708 Tabor, spoke on the article in Sunday's newspaper
regarding the operation of a recreational vehicle storage business in a residential area.
Mayor Trevino asked the City Manager to send a letter to Mrs. Christopher explaining
the facts of the case.
City Council Minutes
January 10, 2005
Page 4
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
7.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE DECEMBER 13, 2004 COUNCIL MEETING
B. FP 2004- CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO
APPROVE THE FINAL PLAT OF FOREST GLENN WEST PHASE II ADDITION
(LOCATED IN THE 8000 BLOCK OF SMITHFIELD ROAD - 38.616 ACRES)
MAYOR PRO TEM WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LEWIS
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
8.
ZC 2004-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM RICK FIGUEROA FOR A ZONING CHANGE FROM
"AG" AGRICULTURE TO "R2" RESIDENTIAL
(LOCATED IN THE 8800 BLOCK OF KIRK LANE - 2.996 ACRES) -
ORDINANCE NO. 2815
APPROVED
Mayor Trevino opened the Public Hearing.
The site currently contains a single family residence. The purpose of the request is to
rezone and subdivide the tract to develop four single family residences in addition to the
applicant's existing residence. The Comprehensive Plan depicts low residential uses for
the area and the proposed zoning is consistent with the plan. The Planning & Zoning
Commission at their December 16, 2004 meeting recommended approval of the
request. Staff recommends approval of the Ordinance.
Mr. Rick Figueroa, applicant, presented case and was available to answer questions
from Council.
Director of Planning Dave Green summarized case and was available to answer
questions from Council.
Mayor Trevino asked if there was anyone wishing to speak for or against the request.
City Council Minutes
January 10, 2005
Page 5
Mayor Trevino advised that a letter of opposition received by the Planning and Zoning
Commission was included in Council packets.
There being no one wishing to speak Mayor Trevino closed the Public Hearing.
COUNCILMAN WELCH MOVED TO APPROVE ZC 2004-09, ORDINANCE No 2815.
COUNCILWOMAN BIELlK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0
9.
ZC 2004-10 PUBLIC HEARING AND CONSIDERATION OF
A REQUEST FROM MEIKEL D. BOYDSTON FOR A ZONING CHANGE
FROM "AG" AGRICULTURE TO "R2" RESIDENTIAL
(LOCATED AT 8324 SMITHFIELD ROAD - .751 ACRES)-
ORDINANCE NO. 2816
APPROVED
Mayor Trevino opened the Public Hearing.
The purpose of the request is to rezone and plat tract to building a single family
residence. Property is currently unplatted and zoned agricultural. The Comprehensive
Plan depicts low density residential uses for the area and the proposed zoning and use
are consistent with the Comprehensive Plan. The Planning & Zoning Commission
recommended approval at their December 18, 2004 meeting. Staff recommends
approval of Ordinance No. 2816.
Mr. Mark Long, 6615 Precinct Line Road, engineer for applicant, presented case and
was available to answer questions.
Director of Planning Dave Green summarized case and was available to answer
questions.
Mayor Trevino asked for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak Mayor Trevino closed the Public Hearing.
COUNCILMAN LEWIS MOVED TO APPROVE ZC 2004-10, ORDINANCE No. 2816. MAYOR PRO
TEM WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
City Council Minutes
January 10, 2005
Page 6
10.
FP 2004-09 CONSIDERATION OF A REQUEST FROM MEIKEL D. BOYDSTON TO
APPROVE THE FINAL PLAT OF LOT 2, BLOCK 1 BRADFORD ADDITION
(LOCATED AT 8324 SMITHFIELD ROAD - .751 ACRES)
APPROVED
The purpose of the request is to plat the property to allow the applicant to construct a
single family house on the site. The Planning & Zoning Commission recommended
approval of the final plat at their December 16, 2004 meeting.
Mr. Mark Long, 6615 Precinct Line Road, engineer for the applicant, was present to
answer questions from the Council.
Director of Planning Dave Green summarized the case and was available to answer
questions.
MAYOR PRO TEM WHITSON MOVED TO APPROVE FP 2004-09. COUNCILWOMAN BIELlK
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
11.
ZC 2004-11 PUBLIC HEARING AND CONSIDERATION OF A
REQUEST FROM ERNEST HEDGCOTH REPRESENTING
ROSALlO MIRANDA FOR A ZONING CHANGE FROM "AG" AGRICULTURE
TO "R2" RESIDENTIAL (LOCATED AT 6800 HEWITT STREET -1.009 ACRE)-
ORDINANCE NO. 2817
MOVED TO END OF AGENDA
12.
FP 2004-08 CONSIDERATION OF A REQUEST FROM ROASALlO MIRANDA TO
APROVE THE FINAL PLAT OF LOT 1, BLOCK 1 MIRANDA ADDITION
(LOCATED AT 6800 HEWITT STREET -1.009 ACRES)
MOVED TO END OF AGENDA
13.
PW 2005-001 APPROVE MECHANIC'S LIEN CONTRACT FOR PUBLIC
IMPROVEMENTS FOR THE CONSTRUCTION OF A SIDEWALK AT LOT 1, BLOCK
1, MIRANDA ADDITION (6800 HEWITT STREET) - RESOLUTION NO. 2005-001
MOVED TO END OF AGENDA
Representative was not present to present Agenda Items 11, 12, and 13. Items were
moved to end of meeting.
City Council Minutes
January 10, 2005
Page 7
14.
RP 2004-10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
JIMMY SIMPSON TO APPROVE THE REPLA T OF LOT 8R, BLOCK C HEWITT
ESTATES LOCATED IN THE 7700 BLOCK OF FRANKIE B STREET - 0.358 ACRES)
APPROVED
Mayor Trevino opened the Public Hearing.
The purpose of the replat is to combine two existing vacant residential lots into one lot
for the purpose of constructing a single family home. The Public Works Department has
submitted a letter stating all requirements have been met and recommending plat be
forwarded to Council for consideration. The Planning and Zoning Commission
recommended approval of the replat at their December 16, 2004 meeting.
Mayor Trevino opened the Public Hearing.
Mr. Jimmy Simpson, applicant, was present to present case and answer questions.
Director of Planning Dave Green summarized case and answered questions.
Mayor Trevino called for anyone wishing to speak in favor or against the request to
come forward.
There being no one wishing to speak, Mayor Trevino closed the Public Hearing.
MAYOR PRO TEM WHITSON MOVED TO APPROVE RP 2004-10. COUNCILWOMAN COMPTON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
15.
GN 2005-001 AUTHORIZE THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES CONTRACT WITH JET POWERED GROUP FOR
THE PREPARATION OF BRANDING AND DESIGN EFFORTS FOR THE SOUTH
GRAPEVINE HIGHWAY CORRIDOR -
RESOLUTION NO. 2005-002
APPROVED
The nature of the request is to approve a contract with Jet Powered Group for the
preparation of branding and design efforts for the South Grapevine Highway Corridor.
The cities of North Richland Hills and Richland Hills adopted an interlocal agreement in
June 2004 to promote jointly the planning and implementation of revitalization efforts for
the South Grapevine Highway Corridor. One of the primary priorities was to hire a
professional consultant to develop marketing, branding and design concepts for the
City Council Minutes
January 10, 2005
Page 8
corridor. The joint Oversight Sub-Committee is recommending a contract with the Jet
Powered Group. Total contract cost is $75,000 which will be split by both cities. Funds
were approved in this year's budget. Richland Hills will also consider the contract at
their meeting on January 11.
MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2005-002, GN 2005-001.
COUNCILMAN LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-1 ; MAYOR PRO TEM WHITSON, COUNCILWOMEN COMPTON,
Cox, AND JOHNSON AND COUNCILMAN LEWIS VOTING FOR AND COUNCILWOMAN BIELlK
VOTING AGAINST.
16.
GN 2005-002 SUSPENSION OF INTERIM RATE ADJUSTMENT PROPOSED BY
ATMOS ENERGY CORPORATION-
RESOLUTION NO. 2005-003
APPROVED
The purpose of the resolution is to suspend implementation of the proposed filing by
Atmos Energy to increase its distribution rates, known as a GRIP, effective February 15,
2005. The resolution will also appoint a staff member as the City's representative to a
Cities' Steering Committee; authorize intervention in any Railroad Commission or court
proceedings related to the GRIP rate increases, and require Atmos Energy Corporation
to reimburse the city reasonable costs associated with the city's review of the GRIP rate
increase filings or participation in any subsequent proceeding.
Managing Director Karen Bostic was available to answer questions from council.
COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION No. 2005-003 AND GN 2005-002.
COUNCILMAN WELCH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
17.
GN 2005-003 AUTHORIZE PARTICIPATION OF INTERVENTION IN RAILROAD
COMMISSION GAS UTILITY DOCKET NO. 9530 - RESOLUTION NO. 2005-004
APPROVED
Atmos Energy Corporation, formerly known as TXU Gas, made a filing of a gas cost
prudence review with the Railroad Commission of Texas on September 24,2004. The
filing has been docketed as GUD No. 9530. Resolution No. 2005-004 authorizes
intervention filed on behalf of the City of Arlington, appoints a city representative to a
Cities' Steering Committee, and requires Atmos Energy Corporation to reimburse the
City Council Minutes
January 10, 2005
Page 9
city reasonable costs associated with the city's participation in Gas Utility Docket No.
9530 or any subsequent proceeding.
COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2005-004. MAYOR PRO TEM
WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
18.
GN 2005-004 CONSIDER APPOINTMENT TO QUAD CITIES DFW FOUNDATION
APPROVED
Mayor Trevino advised council he would like to nominate Councilman Lewis to the Quad
Cities DFW Foundation. Councilman Lewis would replace the vacancy left by former
Councilman Metts.
MAYOR PRO TEM WHITSON MOVED TO APPROVE THE NOMINATION OF COUNCILMAN LEWIS.
COUNCILWOMAN Cox SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
19.
GN 2005-005 CONSIDER APPOINTMENT TO SOUTH GRAPEVINE HIGHWAY
CORRIDOR OVERSIGHT COMMITTEE
APPROVED
Mayor Trevino advised council former Councilman Metts served on the South
Grapevine Highway Corridor Oversight Committee with Councilwoman Johnson and at
this time council needed to appoint a replacement to the committee.
COUNCILMAN LEWIS MOVED TO APPOINT MAYOR PRO TEM WHITSON. COUNCILWOMAN
COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
20.
GN 2005-006 APPOINTMENT TO PLANNING & ZONING COMMISSION & CAPITAL
IMPROVEMENT ADVISORY COMMITTEE - EX OFFICIO POSITION
ITEM PULLED FROM AGENDA
Mayor Trevino pulled item from agenda.
City Council Minutes
January 10, 2005
Page 10
21.
GN 2005-007 APPOINTMENTS TO WHOLESALE WATER CUSTOMER ADVISORY
COMMITTEE AND WHOLESALE WASTEWATER CUSTOMER ADVISORY
COMMITTEE
APPROVED
City Secretary Patricia Hutson advised council it was necessary to make a voting
member appointment and alternate appointment to the Wholesale Water Customer
Advisory Committee and Wholesale Wastewater Customer Advisory Committee. The
terms for both committees expire September 30, 2005.
MAYOR PRO TEM WHITSON MOVED TO MAINTAIN TIM WELCH AS VOTING MEMBER AND MIKE
CURTIS AS ALTERNATE VOTING MEMBER TO BOTH COMMITTEES. COUNCILMAN LEWIS
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
11.
ZC 2004-11 PUBLIC HEARING AND CONSIDERATION OF A
REQUEST FROM ERNEST HEDGCOTH REPRESENTING
ROSALlO MIRANDA FOR A ZONING CHANGE FROM "AG" AGRICULTURE
TO "R2" RESIDENTIAL
(LOCATED AT 6800 HEWITT STREET - 1.009 ACRE) -
ORDINANCE NO. 2817
APPROVED
Mayor Trevino opened the public hearing.
The nature of the request is to rezone unplatted property tract to build an addition onto
an existing singe family residence. Property is currently zoned "AG" Agricultural which
does not permit expansion of the existing residence.
Mr. Ernest Hedgcoth, representing applicant, was available to answer questions from
council.
Director of Planning Dave Green summarized case and was available to answer
questions from Council.
Mayor Trevino asked for anyone wishing to speak in favor or against request to come
forward.
Ms. Ginny Parson, 7701 Turner, spoke in favor of request.
City Council Minutes
January 10, 2005
Page 11
There being no one else wishing to speak Mayor Trevino closed the public hearing.
MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2817 AND ZC 2004-11.
COUNCILMAN LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
12.
FP 2004-08 CONSIDERATION OF A REQUEST FROM ROASALlO MIRANDA TO
APROVE THE FINAL PLAT OF LOT 1, BLOCK 1 MIRANDA ADDITION
(LOCATED AT 6800 HEWITT STREET -1.009 ACRES)
APPROVED
The purpose for the final plat is required for applicant's request for a building permit to
expand his existing home.
Mr. Ernest Hedgcoth, representing applicant, was available to answer questions from
council.
Director of Planning Dave Green summarized case and was available to answer
questions from Council.
COUNCILMAN LEWIS MOVED TO APPROVE FP 2004-08. COUNCILMAN WELCH SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 6-0.
13.
PW 2005-001 APPROVE MECHANIC'S LIEN CONTRACT FOR PUBLIC
IMPROVEMENTS FOR THE CONSTRUCTION OF A SIDEWALK AT LOT 1, BLOCK
1, MIRANDA ADDITION (6800 HEWITT STREET) - RESOLUTION NO. 2005-001
APPROVED
Resolution No. 2005-001, an approval of a mechanic's lien, is a result of Mr. Miranda's
request for a final plat. In accordance with the Subdivision Ordinance, one of the
requirements for platting property requires that sidewalks be constructed at the time the
property is developed. In Mr. Miranda's case there were no existing sidewalks adjacent
to his property. If there are no existing sidewalks to connect with, the developer has the
option of escrowing the funds to the city for the sidewalks. In lieu of escrowing funds,
Mr. Miranda has requested to enter into agreement (Mechanic's Lien) with the city to
pay for sidewalks at such time when sidewalks are established.
City Council Minutes
January 10, 2005
Page 12
Council discussed the feasibility of the Mechanic's Lien, possibility of sidewalks not
being constructed in affected property owner's neighborhood and the process other
cities take to address the installation of sidewalks.
MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2005-001 AND PW 2005-
001. COUNCILMAN LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-1; WITH COUNCILMEN LEWIS, WELCH AND MAYOR PRO TEM
WHITSON AND COUNCILWOMEN JOHNSON AND BIELlK VOTING FOR AND COUNCILWOMAN Cox
VOTING AGAINST.
22.
INFORMATION AND REPORTS
IR 2005-002 UPDATE OF LOOP 820 CORRIDOR STUDY
The purpose of the Informal Report is to update council on the Loop 820 corridor study.
The planning study is prepared in anticipation of and in advance of the proposed
widening/expansion of Loop 820. The proposed roadway project will have a major
impact on the landscape, land uses along the corridor and traffic patterns within the
area. The purpose of the study is to prepare for the changes in advance of the actual
construction. Assistant City Manager Mr. Torres advised council the City of North
Richland Hills would not be acquiring property along Loop 820 as a direct result of the
roadway widening. Mr. Torres further advised the project as currently designed involves
the acquisition by the State of several land parcels owned by the City. Although the city
may have some minimal input on issues that effect local streets, access and
development, the City of North Richland Hills will not be able to control details of the
project. Mr. Torres informed council the City will not be involved in exercising its right to
eminent domain as a direct result of the widening project.
Councilwoman Compton made the following announcements.
Registration for the Adult Spring Softball and Kickball Leagues begins on January 17.
For more information, please contact the Recreation Center at 817-427-6600.
The City will host the 5th Annual Growing Great Kids Parenting Seminar at the
Recreation Center on Saturday, January 22. The seminar is free. Pre-registration is
required. For more information, please call the Recreation Center 817-427-6600.
Iron Horse Golf Course is currently booking its pavilion and clubhouse for weddings,
receptions, graduation parties, retirement parties and more. Call today to reserve your
spot. NRH residents who book an event by January 31 will receive a discounted rental
rate. For more information please call 817-485-6666 ext. 24.
City Council Minutes
January 10, 2005
Page 13
Free high speed wireless internet access, known as Wi-Fi, is now available at the North
Richland Hills Public Library. The new service allows library patrons to connect to the
Internet using their own laptop computer or a personal digital assistant, such as a Palm
Pilot. For more information, call the Library at 817-427-6814.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Kathye McCall, Dan Echols Senior Center
A resident sent a letter praising Kathye McCall for being a tireless person who is very
kind and caring. She said Kathye is a blessing and a real asset to NRH and the citizens
who attend Dan Echols Senior Center.
23.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:28
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