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HomeMy WebLinkAboutCC 2005-01-24 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 24,2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 24th day of January, 2005 at 6:10p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Mary Edwards Dave Green Drew Corn Dave Pendley John Lynn Thomas Powell Kyle Spooner Carrie Poston Chris Swartz Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Public Information Officer Director of Planning Budget Director Building Official Interim Police Chief Support Services Director Information Services Director Assistant Information Services Director Aquatic Park Manager Mayor Trevino called the Pre-Council meeting to order at 6:10p.m. 1. Discuss items from Reqular Januarv 24, 2005 City Council Meetinq Councilman Lewis advised he had a question on agenda item number 9 - GN 2005-010. City Council Minutes January 24, 2005 Page 2 Mayor Trevino advised Councilman Lewis the next pre-council item deals with agenda item number 9 and would allow council to ask questions. 2. IR 2005-014 Discuss Revision to Section 14-1 of the Code of Ordinances Relatinq to the Definition of Massaqe Establishments - Ordinance No. 2818 <Aqenda Item No. 08> Building Official Dave Pendley advised council the 76th Texas Legislature, effective September 1, 1999, approved new regulations for license therapeutic massage establishments and therapeutic massage therapists. The North Richland Hills City Code did not currently recognize the status of a state licensed "Massage Therapy Establishment" or a state licensed "Massage Therapist". This omission imposes requirements which are more restrictive than those currently imposed on the remainder of the health care activities, including massage therapy schools. Ordinance No. 2818 incorporates state statue, as passed by the 76th Texas Legislature, and will exempt licensed massage therapy establishments, massage therapy schools, and massage therapists from the more restrictive provisions applied to non-licensed establishments. 3. IR 2005-015 Discuss Political and Weekend Advertisinq Siqn Revisions to the North Richland Hills Siqn Requlations - Ordinance No. 2819 <Aqenda Item No. 09> Mr. Pendley outlined staff's suggested changes as proposed in Ordinance No. 2819 Section 13.C(6)f modified to further clarify that signs containing a primarily political message which are larger than 36 square feet and taller than 8 feet, are not to be considered a political sign and are subject to all other sign requirements (including permits). This amendment will also prevent the location of these larger sign types in residential zoning districts when prohibited by other sections of the sign regulations. Section 13.C(6)a amended to grant city personnel the authority to remove, without prior notice, political signs located within the public right-of-way if the Director of Public Works or his/her designee determines that a sign(s) constitutes a safety or traffic hazard. Section 13.C(6)i revised to provide clarification that no portion of a political sign can be located closer than three feet from the back of curb; nor may they be placed in the right- of-way adjacent to publicly owned land (excluding roads) which can cause the misperception that such signs are sponsored by the entity owning such adjacent property. 13.C(9Ha) amended to prohibit the placement of weekend advertising signs in the right- of-way adjacent to publicly owned land (excluding roads). City Council Minutes January 24, 2005 Page 3 Council asked questions on the following: notification to candidate when signs are removed for safety issues, definition of property owner when they are adjacent to political signs; clarification of what and how city staff will remove a sign that poses a safety issue and what department would enforce political signs that pose safety hazards. Staff advised signs removed for safety concerns will be overseen by the Public Works Department. If a sign has to be removed, the candidate or committee will be notified by City staff. If able, City staff will move political sign to bring it into compliance and out of the sight triangle. Mayor Trevino advised council when motion is made it should include any modifications they want in the ordinance. 4. IR 2005-013 Discuss Impact Fees and the Updatinq Process <Aqenda NO.1 0> Public Works Director Mike Curtis summarized Impact Fees and the updating process. The State Legislature passed Senate Bill 243 which describes the procedure all municipalities shall follow to implement an impact fee. An impact fee is defined as a charge or assessment imposed by a subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements necessitated by and attributable to such development. Mr. Curtis advised council the City has been collecting water and wastewater impact fees on new service connections since June 1990 in accordance with State Law. The City is required by State Law to review the Capital Improvement Plan (CIP) and impact fees every five years and update if necessary, with the maximum time frame between updates being 10 years. Mr. Curtis advised the City's last update was performed in 1997. Mr. Curtis explained the three key components of an impact fee update. Land Use Assumptions - consist of the growth trends, development patterns and population projections. The basis for many of these assumptions is the City's Comprehensive Land Use Plan. This plan represents the type of development the City is expecting to occur in the City. Impact Fee CIP - represents the capital improvements required to provide water and sewer service to the areas of the City that are projected to develop during the next 10 years. Maximum Allowable Impact Fee - Chapter 395 of the Texas Local Government Code states that the maximum impact fee may not exceed the amount determined by dividing the total cost of capital improvements needed by the total number of service units attributed to new development during the impact fee eligibility period, less a credit to account for water and wastewater revenues and property taxes used to finance the capital improvements. The law allows this credit to be equal to one half (~) the maximum calculated impact fee. City Council Minutes January 24, 2005 Page 4 Adjournment Mayor Trevino announced at 6:49 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 24,2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Secretary Attorney 2. INVOCATION Students from Smithfield Middle School led the invocation. 3. PLEDGE OF ALLEGIANCE Students from Smithfield Middle School led the invocation. 4. SPECIAL PRESENTATIONS City Council Minutes January 24, 2005 Page 5 CERTIFICATE OF RECOGNITION - SEAN LYNCH, DAVID CLINES, 80 GREEN Mayor Trevino, Councilman Lewis and Neighborhood Services Joann Stout presented certificates to Sean Lynch, David Clines and Bo Green in recognition of their bravery assistance given to a North Richland Hills citizen. 5. CITIZENS PRESENTATION Ms. Patricia Christopher, 6708 Tabor Street, advised she had not received a response from the City Manager regarding her citizens presentation comments at the January 10, 2005 City Council meeting. Ms. Christopher voiced her concerns with the manner in which the city is handling Lucille Stevens. Mayor Trevino referred question to City Manager Larry Cunningham. Mr. Cunningham advised that a letter had been sent to Ms. Christopher and that she should be receiving the letter this week. Mayor Trevino asked staff to read response mailed to Ms. Christopher at the next council meeting during announcements and information. Mr. Ken Sapp, 8312 Thornway Court, asked the city for clarification regarding comments posted on a website column which claims Mayor Trevino directed no verbal contact between staff and council. Mayor Trevino asked staff to prepare a response for Mr. Sapp and that response be read at the next council meeting during announcements and information. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE JANUARY 10, 2005 COUNCIL MEETING City Council Minutes January 24, 2005 Page 6 B. GN 2005-008 AUTHORIZE APPLICATION FOR EDWARD BYRNE MEMORIAL FUND GRANT - RESOLUTION NO. 2005-005 C. GN 2005-009 CALLING MAY 7, 2005 CITY COUNCIL ELECTION - RESOLUTION NO. 2005-006 D. PU 2005-001 AWARD BID FOR 2005-YEAR MODEL VEHICLES TO LYNN SMITH CHEVROLET IN THE AMOUNT OF $293,291 ; FRIENDLY CHEVROLET IN THE AMOUNT OF $66,979 AND CAPITAL CHEVROLET IN THE AMOUNT OF $40,754 COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 8. GN 2005-010 APPROVE ORDINANCE REVISING SECTION 14-1 OF THE CODE OF ORDINANCES RELATING TO THE DEFINITION OF MASSAGE ESTABLISHMENTS - ORDINANCE NO. 2818 APPROVED The proposed ordinance will bring North Richland Hills City Code current with State Law regarding licensing of therapeutic massage establishments and therapeutic massage therapists. Building Official Dave Pendley summarized the request and was available to answer questions. MAYOR PRO TEM WHITSON MOVED TO APPROVE ORDINANCE No. 2818 AND GN 2005-010. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 9. GN 2005-011 APPROVE ORDINANCE REVISING SECTIONS 13.C(6) AND 13.C(9)(G) OF ORDINANCE 2374 AS AMENDED, THE SIGN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS RELATING TO POLITICAL SIGNS AND WEEKEND ADVERTISING SIGNS - ORDINANCE NO. 2819 APPROVED City Council Minutes January 24, 2005 Page 7 The proposed ordinance is an ongoing effort to uphold safety and to clarify the City's sign regulations as they relate to political signs and weekend advertising signs. Ordinance No. 2819 includes the following amendments: Section 13.C(6) f - modified to clarify signs containing primarily a political message and are larger than 36 square feet and taller than 8 feet will not be considered as political signs and will be subject to other sign requirements that may require a permit. This amendment will also prevent signs larger than 36 square feet and taller than 8 feet from being located in residential areas. Section 13.C(6)g - grants city personnel the authority to remove, without prior notice, political signs located within the public right-of-way if the Director of Public works or his/her designee determines sign(s) constitutes a safety or traffic hazard. Section 13.C(6)i - clarifies that no portion of a political sign can be located closer than three feet from the back of curb and they may not be placed in the right-of-way adjacent to publicly owned land (excluding roads) Section 13.C(9)(g) - prohibits the placement of weekend advertising signs in the right-of- way adjacent to publicly owned land (excluding roads). Councilwoman Bielik asked staff if there would be written guidelines regarding the removal of signs as referred in section 6(g). Councilwoman Bielik also requested that ordinance refer to the written guidelines. Mr. Cunningham advised council staff could attach guidelines to the ordinance. Mr. Cunningham advised council staff's intention was to include information in candidate application packets provided by the City Secretary. COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE 2819, SUBJECT TO A COUPLE OF CHANGES THAT WERE BROUGHT ABOUT BY COUNCIL INQUIRIES IN PRE-COUNCIL, PAGE 2 OF 4- ITEM B READS NO PERMITS SHALL BE REQUIRED FOR ANY POLITICAL SIGNS, BE AMENDED TO ADD THE WORDS AS DEFINED IN SECTION A ABOVE (LIMITATIONS OF CERTAIN SIZES AND PLACEMENT OF SIGNS WITHOUT THE NEED OF PERMITS); WOULD ALSO LIKE TO STRIKE ITEM F ON SAME PAGE, THOSE WORDS THAT ARE IN PARENTHESIS, WHICH READ AND THEREFORE ARE NOT POLITICAL SIGNS AS DEFINED THEREIN; AND THIRD UNDER ITEM G WOULD LIKE TO ADD TO THE LAST LINE THAT THE PUBLIC WORKS OR HIS DESIGNEE CONSTITUTE A SAFETY OR TRAFFIC HAZARD MAY BE REMOVED OR RELOCATED IF FEASIBLE WITHOUT PRIOR NOTICE AND MEET Ms. BEILlK'S REQUEST THAT WRITTEN GUIDELINES BE ATTACHED TO THE ORDINANCE FOR CITY EMPLOYEES. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes January 24, 2005 Page 8 10. GN 2005-012 RESCHEDULE PUBLIC HEARING DATE FOR LAND USE ASSUMPTIONS, IMPACT FEE CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES APPROVED MAYOR PRO TEM WHITSON MOVED TO SET THE DATE FOR THE PUBLIC HEARING TO BE CONDUCTED ON MARCH 14,2005 COUNCIL MEETING ON OR ABOUT 7:00 P.M. FOR THE LAND USE ASSUMPTIONS, IMPACT FEE CIP PLAN AND IMPACT FEE RATES. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 11. GN 2005-013 APPOINTMENT OF BOARD MEMBER TO REINVESTMENT ZONE NUMBER ONE (TIF NO.1) AND REINVESTMENT ZONE NUMBER TWO (TIF NO.2) APPROVED COUNCILWOMAN JOHNSON MOVED TO APPOINT COUNCILMAN WELCH TO REINVESTMENT ZONE NUMBER ONE (TIF No.1) AND COUNCILWOMAN COMPTON TO REINVESTMENT ZONE NUMBER Two (TIF No.2). COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1 WITH COUNCILMEN LEWIS, WELCH AND MAYOR PRO TEM WHITSON AND COUNCILWOMEN COX, COMPTON AND JOHNSON VOTING FOR AND COUNCILWOMAN BIELlK VOTING AGAINST. 12. GN 2005-014 APPOINTMENT TO NAMING BOARD APPROVED MAYOR PRO TEM WHITSON MOVED TO APPROVE MAYOR TREVINO'S NOMINATION OF COUNCILWOMAN COMPTON TO THE NAMING BOARD. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1 WITH COUNCILMEN LEWIS, WELCH AND MAYOR PRO TEM WHITSON AND COUNCILWOMEN COMPTON, JOHNSON AND BIELlK VOTING FOR AND COUNCILWOMAN COX VOTING AGAINST. City Council Minutes January 24, 2005 Page 9 13. PU 2005-0002 AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT WITH BLANK SLATE ADVERTISING FOR A CREATIVE ADVERTISING CONTRACT IN THE AMOUNT OF $35,000 FOR SERVICES AT NRH20 FAMILY WATER PARK - RESOLUTION NO. 2005-007 APPROVED Blank Slate was awarded a contract in February 2004 to provide creative marketing services for NRH20 Family Water Park during the 2004 season. Staff is requesting that Blank Slate be awarded the contract for NRH20 Family Water Park for the 2005 season. Blank Slate will establish brand guidelines to provide consistent image development for advertising and marketing. A fee has been negotiated between staff and Blank Slate which will include strategy development, branding, concepting, design, copywriting and production of all the waterpark's advertisements. Park and Recreation Director Vickie Loftice summarized request and was available to answer questions from council. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2005-007. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 14. PU 2005-003 APPROVE CONTRACT RENEWAL OF MICROSOFT ENTERPRISE AGREEMENT WITH SHI GOVERNMENT SOLUTIONS - RESOLUTION NO. 2005-008 APPROVED Software House International (SHI) Governmental Solutions was awarded a contract in September 2001, which enrolled the City in an enterprise agreement with Microsoft Corporation. The contract was a three-year term volume licensing agreement which included Microsoft licensing and software upgrades for desktop computers. The current agreement expired November 30,2004 with a 90-day enrollment renewal period. Staff is recommending that council approve Resolution No. 2005-008 authorizing the City Manager to sign the Microsoft Agreement with SHI Government Solutions on behalf of the City. Information Services Director Kyle Spooner summarized item and was available to answer questions. City Council Minutes January 24, 2005 Page 10 MAYOR PRO TEM WHITSON MOVED TO APPROVE RESOLUTION No. 2005-008 AND PU 2005- 003. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 15. PU 2005-004 AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH DAVIS & DAVIS, INC. IN THE AMOUNT OF $19,500 FOR ARCHITECTURAL DESIGN SERVICES FOR THE CATERING BUILDING AT NRH20 - RESOLUTION NO. 2005-009 APPROVED The NRH20 Family Aquatic Park CIP Budget includes funding for the design and construction of the food and catering building. The 600 square foot building will be located near the existing group pavilion located in the northern area of the park. The building will be designed specifically to meet the catering needs of group guests. Requests for professional architectural services were advertised and three proposals were received. The proposals were reviewed by a selection committee based on various criteria. The selection committee, after thorough evaluation, has selected Davis and Davis, Inc. to perform the necessary professional and technical services. Ms. Loftice summarized item and was available to answer questions. COUNCILMAN WELCH MOVED TO APPROVE PU 2005-004. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 16. INFORMATION AND REPORTS Councilwoman Johnson made the following announcements. The NRH Office of Emergency Management and the National Weather Service will host a free Severe Weather Seminar on Saturday, January 29, at the Richland High School auditorium. The seminar is scheduled from 8:30 a.m. to 1 :30 p.m. It will include formal presentations and displays on family preparedness, storm spotting, amateur radio, emergency response teams and more. For more information, please call 817-427-6900. The NRH Recreation Center will host its 14th Annual Daddy/Daughter Valentine's Dance on Saturday, February 5. For ticket information, please call 817-427-6600. City Council Minutes January 24, 2005 Page 11 The NRH Recreation Center is hosting a Winter Break Camp February 7 - 11 to coincide with Birdville lSD's Winter Break. Throughout the week, campers will explore different aspects of winter through games, art and field trips. For registration information, please call 817-427-6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. An e-mail was received regarding Officer Tom Cleveland from an NRH couple thanking Officer Cleveland for the way they were treated during an auto accident. It was their first accident in 60 years and Officer Cleveland made a bad situation a little better. 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:41 ATTEST: ç;?Mt/åd~ Patricia Hutson - City Secretary