HomeMy WebLinkAboutCC 2006-07-10 Minutes
MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - JULY 10, 2006
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
10th day of July, 2006 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 p.m.
regular Council meeting.
Present: Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
David Whitson
Scott Turnage
Tim Barth
Tim Welch
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
Monica Solko
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Eric Wilhite
Greg VanNeiuwenhuize
Jimmy Perdue
Dave Pendley
Call to Order
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilman
Councilman
Councilman
Councilman
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Director of Planning & Development
Finance Director
Public Works Director
Chief Planner
Assistant Public Works Director
Chief of Police
Building Official
Mayor Trevino called the work session to order at 6:08 p.m.
A.O Discuss Items from Reaular City Council Meetina
Agenda Item F.1 - GN 2006-060 - In response to a question from Mayor Trevino, Staff
verified that approval of the item would repeal tax on lease vehicles used for personal
use only and the figures presented to the Council during the June 15 Budget Work
Session was for personal use lease vehicles.
City Council Minutes
July 10, 2006
Page 2
Item B-3 - PU 2006-048 - City Manager Cunningham advised that staff would like to
further evaluate the item. Staff is requesting that the item be removed from the Consent
Agenda and held until the next Council meeting.
8.1 IR 2006-081 Review Trans Texas Corridor 35 Alianment
Mr. Greg VanNeiuwenhuize, Assistant Public Works Director, presented a PowerPoint
presentation explaining the concept of the Trans Texas Corridor 35 and its purpose.
The Council discussed TxDOT's proposed corridor and the Regional Transportation
Council's (RTC) endorsed route. TxDOT's preferred corridor in the DFW area is to the
east of Dallas. RTC's preferred corridor takes advantage of the SH360 corridor for
automobile traffic and uses other existing and planned facilities for truck and rail traffic.
The Council was advised that representatives from North Central Texas Council of
Government would be present during the regular Council meeting to further discuss the
two different alignments. Council will consider a resolution during the regular council
meeting supporting the Trans Texas Corridor-35 Project with a realignment of the
corridor to a location central to the DFW Metroplex. TxDOT is receiving public
comments at public hearings being conducted throughout the region. The City's
support for the position taken by the RTC for the realignment of the corridor will be
conveyed to TxDOT.
8.2 IR 2006-079 Stormwater Permit, Phase II - Update
Mr. Mike Curtis, Public Works Director, presented a PowerPoint presentation updating
the Council on Phase II of the EPA Storm Water Permit Program. Mr. Curtis briefly
highlighted the control measures and advised that the majority of the management
practices have been implemented.
B.3 IR 2006-080 Discuss Air Qualitv Impacts Related to Power Generation
Mayor Pro Tem Lewis reported to Council on a meeting he attended in Arlington on
behalf of Mayor Trevino. In attendance at the meeting were other Mayors and city
officials. The purpose was to discuss air quality issues. The discussion started with
world warming and ways in which cities can reduce pollution and air quality problems
and centered on taking a position on the proposed eleven new coal-fired power plants
planned by utility companies. Dallas Mayor Laura Miller would like area mayors to
create a collation to oppose the permitting of the eleven power plants. Each city would
contribute $10,000 to the coalition. The cities who are opposing the plants are not
opposed to the building of the plants, but want more environmentally friendly types of
power generating facilities. It was suggested at the meeting that it needed to be a more
regional effort and perhaps the matter should be pursued through the Council of
Governments (COG). Mr. Cunningham advised that he had discussed the matter with
City Council Minutes
July 10, 2006
Page 3
the Executive Director of COG and that COG would be willing to assist the area cities.
After discussion, Council concurred that they felt it was a COG issue and agreed to wait
and see what COG did.
C.1 Executive Session
Mayor Trevino announced at 6:50 p.m. that the Council would adjourn into Executive
Session as authorized by Chapter 551.071, Texas Government Code to consult with
attorney to seek advice about pending litigation regarding Steven Rodgers.
D.O Adiournment
Mayor Trevino announced at 6:53 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.O.
CALL TO ORDER
Mayor Trevino called the meeting to order July 10, 2006 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilman
Councilman
Councilman
Councilman
Staff:
Larry J. Cunningham
Ogden Bo Bass
Richard Torres
Patricia Hutson
Monica Solko
George Staples
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
City Council Minutes
July 10, 2006
Page 4
A.1
INVOCATION
Councilwoman Compton gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilwoman Compton led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
None.
A.4
CITIZENS PRESENTATION
Ms. Laverne O'Steen, 8429 Emerald Circle, presented a picture of a failing retaining
wall in the Emerald Lakes area and commented this was her 11 th citizen presentation
on the subject matter. Ms. O'Steen commented on concerns associated with the
Emerald Lakes.
A.5
GN 2006-061 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT
Mr. Richard Abernethy, Assistant to the City Manager, introduced Youth Advisory
Committee members in attendance - Sarah Shive, Chair, Kenzie Brewer, Secretary,
Collin Brewer, Treasurer and Keely Roberts, committee member. The officers
highlighted the Committee's year-end report and discussed their proposed activities for
the Fall.
COUNCILWOMAN COMPTON MOVED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S END OF
YEAR REPORT. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
City Council Minutes
July 10, 2006
Page 5
A.6
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Mayor Pro Tem Lewis removed Item B-3 from the Consent Agenda. Councilman Welch
removed item B-4 from the Consent Agenda.
Mayor Trevino advised that Staff would be further evaluating Item B-3 and that there
would be no action taken.
B.O
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF JUNE 26,2006 CITY COUNCIL MEETING
B.2 PAY 2006-004 APPROVE FINAL PAYMENT TO SHARROCK ELECTRIC, INC.
IN THE AMOUNT OF $3,968.03 FOR THE RUFE SNOW DRIVE AT BURSEY
ROAD TRAFFIC SIGNAL INSTALLATION PROJECT
B.3 REMOVED
B.4 REMOVED
MAYOR PRO TEM LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
B.3
PU 2006-048 AWARD BID TO E-Z-GO TEXTRON FOR THE LEASE
OF GOLF CARS FOR IRON HORSE GOLF COURSE -
RESOLUTION NO. 2006-056
NO ACTION TAKEN
Removed for further evaluation by Staff.
B.4
PW 2006-018 AUTHORIZE CONTRACT WITH REYNOLDS ASPHALT &
CONSTRUCTION CO. FOR THE 2006 MISCELLANEOUS STREET SUBGRADE
STABILIZATION PROJECT - RESOLUTION NO. 2006-054
APPROVED
City Council Minutes
July 10, 2006
Page 6
Councilman Welch requested verification of the budgeted amount and questioned if
Staff was comfortable with the low bid.
Mr. Mike Curtis, Public Works Director, advised $95,000 was budgeted for the project.
Staff has worked with Reynolds on other city projects and although the bid is less than
the other bids, Staff is comfortable with awarding the bid to the low bidder. Reynolds
has completed other city projects satisfactorily, within budget and within days bid.
COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-054. COUNCILMAN
WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PUBLIC HEARINGS
C.1
RP 2006-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
FRED & PAM KLICH TO APPROVE A RESIDENTIAL REPLAT OF LOT 18, BLOCK
2, W. E. ODELL ADDITION TO LOTS 18R1 AND 18R2, BLOCK 2, W. E. ODELL
ADDITION (LOCATED IN THE 8000 BLOCK OF ODELL)
APPROVED
Mayor Trevino opened the public hearing.
Nature of request is to consider a residential replat of Lot 18, Block 2, W.E. Odell
Addition. The purpose of the replat is to split the lots in half. The property is currently
zoned R-3 Single Family Residential. Applicant is requesting a waiver for reduction in
lot width to 60 feet and the minimum square footage lot area. Because other lots within
the subdivision are configured similarly, Staff supports the variance request. The
Planning and Zoning Commission recommended approval with the requested variance
of lot widths from 70' to 60' and reduction of minimum lot area being granted.
Ms. Pam Klich, owner and applicant presented the request and requested approval of
the variance.
Mr. Eric Wilhite, Chief Planner, presented the summary of issues, and
recommendations of the Staff and Planning and Zoning Commission.
Mayor Trevino called 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.
City Council Minutes
July 10, 2006
Page 7
COUNCILMAN WELCH MOVED TO APPROVE RP 2006-05 WITH REQUESTED VARIANCE FROM 70
FEET TO 60 FEET. COUNCILMAN TURNAGE SECONDED THE MOTION.
MR. WILHITE ASKED IF THE MOTION ALSO INCLUDED THE MINIMUM SQUARE FOOTAGE LOT
AREA.
COUNCILMAN WELCH AND COUNCILMAN TURNAGE ACCEPTED THE INCLUSION OF THE
REDUCTION OF THE MINIMUM SQUARE FOOTAGE LOT AREA.
MOTION TO APPROVE CARRIED 7-0.
C.2
RP 2006-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TOM
KILPATRICK ON BEHALF OF JIMMY RUST TO APPROVE A RESIDENTIAL
REPLAT OF LOT 5, BLOCK 7, BRIARWOOD ESTATES TO LOTS 5R1-5R5, BLOCK
7, BRIARWOOD ESTATES, AND PUBLIC IMPROVEMENT LIEN, (LOCATED IN THE
7600 BLOCK OF HEWITT ST.)
APPROVED
Mayor Trevino opened the public hearing.
Nature of request is to consider a replat of Lot 5, Block 7, Briarwood Estates creating
five R-2 single-family lots. The Development Review Committee reviewed the plat and
has determined that it complies with the Zoning and Subdivision Ordinances. The
Planning and Zoning Commission recommended approval of RP 2006-06 with the
conditions that front building setback lines on lots 5R1 thru 5R4, and the front building
line on 5R5 along Hewitt Street, be increased from 20' to 25'. Staff recommends
approval.
Mr. Tom Kilpatrick, 3313 East Ridge, Haltom City, representing the applicant, presented
the item and was available to answer questions from the Council.
Mr. Eric Wilhite, Chief Planner, presented the item and recommendations of Staff and
the Planning and Zoning Commission.
Mayor Trevino called 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.
City Council Minutes
July 10,2006
Page 8
COUNCILMAN SAPP MOVED TO APPROVE RP 2006-06 INCLUDING RECOMMENDATION OF THE
PLANNING & ZONING COMMISSION REGARDING SETBACK ADJUSTMENTS. COUNCILMAN
WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PLANNING & DEVELOPMENT
D.1
SP 2006-05 CONSIDERATION OF A REQUEST FROM NORTH FOUR
DEVELOPMENT PARTNERS FOR APPROVAL OF A SITE PLAN FOR LA
FONTAINE RI-PD (LOCATED IN THE 7700 BLOCK OF DAVIS BLVD. - 4.21 ACRES)
APPROVED
Applicant received RI-PD zoning in February for a 4.27-acre tract located at 7716 Davis
Boulevard to be known as La Fontaine Addition. During the zoning hearing, the
applicant committed to coordinate with the Parks Department concerning the proposed
fencing along the northern boundary adjacent to the dog park. The applicant also
committed to the maintenance of the fencing being incorporated into the HOA
documents to insure the continuity of the fence as repairs are made. Applicant
submitted with the zoning a conceptual plan and narrative outlining the basic
development. Applicant has submitted final site plan and plat for approval. The
Planning & Zoning Commission recommends approval with the condition that the 6 feet
screening fence indicated along Lot 22 include an evergreen vegetative screen being a
minimum of 12 feet height when planted and be 8 feet on centers. Staff recommends
approval of the request.
Mr. Don Phifer, applicant, 8360 Thornhill Drive, presented request and was available for
questions from Council.
Councilman Sapp asked the applicant if he would be willing to stipulate something more
durable in terms of quality for the fence bordering the dog park.
Mr. Phifer advised the fence would be on steel posts and he can use either cedar or
treated wood. Mr. Phifer advised it was his understanding that treated pine is more
durable than cedar. The maintenance of the fence will be included in the HOA
documents.
Mr. Eric Wilhite, Chief Planner, summarized the item and presented recommendations
of the Staff and Planning and Zoning Commission.
COUNCILMAN WELCH MOVED TO APPROVE SC 2006-05 WITH RECOMMENDATIONS OF THE
PLANNING & ZONING COMMISSION AND THAT THE DEVELOPER WORK WITH PLANNING
City Council Minutes
July 10, 2006
Page 9
MOTION TO APPROVE CARRIED 7-0.
D.2
FP 2006-04 CONSIDERATION OF A REQUEST FROM NORTH FOUR
DEVELOPMENT PARTNERS TO APPROVE THE FINAL PLAT OF A 4.21 ACRES
INTO LOTS 1-23, BLOCK 1, LA FONTAINE ADDITION (LOCATED IN THE 7700
BLOCK OF DAVIS BLVD.)
APPROVED
Applicant is requesting approval of the final plat of La Fontaine Addition. Final Site Plan
for the RI-PD is also being considered with final plat. The Development Review
Committee has reviewed the plat and has determined that it is consistent with the
preliminary plat approved by the Planning and Zoning Commission. The Planning and
Zoning Commission recommends approval of the final plat.
Mr. Don Phifer, 8360 Thornhill Drive, applicant, presented the item and was available
for questions.
Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendation of
the Planning and Zoning Commission.
COUNCILMAN TURNAGE MOVED TO APPROVE FP 2006-04. COUNCILMAN WHITSON SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PUBLIC WORKS
E.1
PW 2006-020 APPROVE A RESOLUTION STATING SUPPORT FOR THE TRANS
TEXAS CORRIDOR-35 PROJECT WITH A REALIGNMENT OF THE CORRIDOR TO
A LOCATION CENTRAL TO THE DALLAS/FORT WORTH METROPLEX -
RESOLUTION NO. 2006-055
APPROVED
Mr. Greg VanNeiuwenhuize, Assistant Public Works Director, presented item. Item is to
consider a resolution in support of the Trans Texas Corridor-35 Project (TTC-35) with a
realignment of the Corridor to a location central to the Dallas/Fort Worth Metroplex.
TxDOT has developed a general alignment for the corridor east of Dallas and is
conducting public hearings throughout the area on the TTC-35. Various DFW
transportation entities have taken a stance against TxDOT's general alignment. The
City Council Minutes
July 10,2006
Page 10
TxDOT has developed a general alignment for the corridor east of Dallas and is
conducting public hearings throughout the area on the TTC-35. Various DFW
transportation entities have taken a stance against TxDOT's general alignment. The
Regional Transportation Council is supporting an alignment that will connect the corridor
into 360. The proposed resolution supports the TTC-35 project with a realignment of
the corridor to a central location within the DFW Metroplex as proposed by the Regional
Transportation Council.
Mr. VanNeiuwenhuize introduced Mr. Mike Sims, North Central Texas Council of
Governments.
Mr. Sims discussed the proposal developed by the State and the proposal endorsed by
the Regional Transportation Council.
Mr. VanNeiuwenhuize advised that concerns and endorsements may be presented at
any of the TxDOT public meetings being held throughout the region.
COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-055. COUNCILMAN
WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
E.1
PW 2006-019 CONSIDER ADOPTION OF WATER CONSERVATION
REQUIREMENTS AND RESIDENTIAL SENSORS - ORDINANCE NO. 2893
APPROVED
Mr. Mike Curtis, Public Works Director, presented item. Item is to consider adoption of
a water conservation plan similar to the City of Fort Worth. Fort Worth's plan consists of
four major water conservation methods:
1) Prohibit outdoor watering from 10 a.m. to 6 p.m., June 1 to September 30, except
with a hand held or soaker hose. Effective annually.
2) All new residential irrigation systems will be installed with rain and freeze
sensors.
3) Annual inspection of rain and freeze sensor on commercial irrigation systems.
4) Retrofitting existing nonresidential irrigation systems with rain and freeze sensor.
The proposed ordinance implements items 1 and 2. North Richland Hills has required
since October 1999 that all nonresidential projects with landscape improvements to
have rain and freeze sensors installed on irrigation systems.
City Council Minutes
July 10, 2006
Page 11
COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2893. COUNCILMAN BARTH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
GENERAL ITEMS
F.1
GN 2006-060 CONSIDER REPEALING SECTION 74-36 OF THE NORTH RICH LAND
HILLS CODE OF ORDINANCES AND ALLOWING VEHICLES LEASED FOR
PERSONAL USE TO BE EXEMPT FROM AD VALOREM TAXES-
ORDINANCE NO. 2892
APPROVED
Ms. Karen Bostic, Managing Director, presented item. Item is to consider an ordinance
to repeal the assessment of ad valorem taxes on vehicles leased for personal use.
Council discussed the item at their June 15 Budget Work Session and the consensus
was to repeal the tax. The repeal of the tax will become effective with the 2007 tax
year.
MAYOR PRO TEM LEWIS MOVED TO APPROVE GN 2006-060, APPROVING ORDINANCE No.
2892. COUNCILMAN SAPP SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F2.
GN 2006-059 APPOINTMENTS TO CONSTRUCTION CODE OF APPEALS BOARD
APPROVED
Mr. Dave Pendley, Chief Building Official, presented the item. The terms of office for
the board members serving in Places 2, 4 and 6 of the Construction Code of Appeals
Board expired June 30, 2006. The North Richland Hills Code of Ordinances provides
that appointments to the Board are recommended by staff and approved by Council. In
addition, members serving on the board must meet the requirement of technical
expertise in construction fields. Staff is recommending the appointment of Mark Ford to
Place 2, Lynn Motheral to Place 4 and Lloyd Robinson to Place 6 with terms expiring
June 30, 2008.
City Council Minutes
July 10,2006
Page 12
COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-059. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F3.
GN 2006-062 APPOINTMENTS TO CIVIL SERVICE COMMISSION - PLACE 1, 2, 4
AND EX OFFICIOS
APPROVED
Ms. Patricia Hutson, City Secretary, presented item. Terms of office for Civil Service
Commission members serving in Places 1, 2, 4 and Ex Officio positions expired on June
30. The Charter provides that appointments are to be made by the Mayor with
confirmation by the Council. Mayor Trevino is recommending the appointment of Sally
Bustamante to Place 1, September Daniels to Place 2, Dick Bartek to Place 4 and Brent
Barrow and Patti Trainer to the two Ex Officio positions.
COUNCILMAN SAPP MOVED TO APPROVE GN 2006-062. COUNCILWOMAN COMPTON
SECONDED THE MOTION
MOTION TO APPROVE CARRIED 7-0.
F4.
INFORMATION AND REPORTS - COUNCILMAN SAPP
APPROVED
Councilman Sapp made the following announcements.
Dan Echols Senior Center will host a Veterans & Surviving Spouses Program at 11 a.m.
on Wednesday, July 12th. Participants will learn about benefits and services available
through the Veterans Administration. For more information, please visit www.nrh20.com
or call 817-281-9267.
Dive-in Movies continue on Friday nights at NRH20. Join us on July 14 for "Harry Potter
and the Goblet of Fire" and July 21 for "Racing Stripes." Dive-In movies are free with
paid admission to the park. For more details, please call 817-427-6500.
The next training session for the North Richland Hills Community Emergency Response
Team is scheduled to begin on August 1 st. For additional information about this
program, please visit www.nrhtx.com and click on the Fire Department link, or call the
Fire Department at 817-427-6900.
City Council Minutes
July 10, 2006
Page 13
Kudos Korner - Officer Chris Rodriguez, Police Department - An e-mail was received
from a NRH resident who was pulled over by Officer Rodriguez for a traffic stop. The
resident said it was the first time in 27 years she had been stopped by police and she
appreciated the officer's professionalism and service. She also stated that she is
grateful for the security and protection she feels when seeing the officers in her
neighborhood.
F5.
INFORMATION AND REPORTS -IR 2006-078 POLICE DEPARTMENT 2005
ANNUAL REPORT
Police Chief Perdue presented a PowerPoint presentation of the Police Department's
200S annual report.
F.6.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:2 p. .
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