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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. . ATTEST: