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HomeMy WebLinkAboutCC 2006-09-11 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 - SEPTEMBER 11, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11 th day of September, 2006 at 6: 1 0 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 Tim Barth Scott Turnage 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 Drew Corn Vickie Lottice Thad Chambers JoAnn Stout Chris Swartz Absent: David Whitson Tim Welch Call to Order Mayor Mayor Pro Tern, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 6 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 Budget Director Parks and Recreation Director Economic Development Director Neighborhood Services Director NRH20 Park Manager Council, Place 5 Council, Place 7 Mayor Trevino called the work session to order at 6:10 p.m. A.O Discuss Items from Reqular City Council Meetinq There were no items discussed. City Council Minutes September 11, 2006 Page 2 A.2 IR 2006-098 Municipal Settinq Desiqnation Mike Curtis, Director of Public Works, presented a PowerPoint presentation. In 2003, HB 3152 created Municipal Setting Designations (MSDs). This is a process in which persons addressing environmental impacts to groundwater may be subject to less stringent groundwater investigation and mitigation requirements under the Texas Risk Reduction Program (TRR). A person, typically a developer or property owner, must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as a MSD. This process consists of the following. · File an application with the TCEQ establishing compliance with the eligibility criteria for a MSD. · Notify affected municipalities, retail public utilities, and private owners of registered water wells. · Demonstrate that the property for which the designation is sought is subject to a municipal ordinance or deed restrictions prohibiting potable uses of affected groundwater. · Obtain a resolution in support of the application from municipalities and public utilities located within a 5 mile radius. · Satisfy TCEQ (after 60-day public comment period) that the application is administratively complete and there are no grounds for denial of the application based on current and future regional water resource needs or obligations. If granted, the applicant will not be required to clean up designated groundwater on their site to drinking water standards. However, other cleanup standards such as inhalation and contact must still be met. The application will not be approved by the TCEQ if the municipality where the site is located does not give formal approval. That approval must be by means of a City Council Resolution supporting the application and an ordinance prohibiting potable use of groundwater in the MSD. Potable use is defined here as water used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking purposes. A.3 IR 2006-099 Discussion of Proposed Revisions to Zoninq Table of Permitted Uses John Pitstick, Director of Planning and Development, presented a PowerPoint presentation and summarized the item. There are five major revisions to the Zoning Table of Permitted Uses: . Elimination of conditional special use permit (CS) City Council Minutes September 11, 2006 Page 3 · Specifying outdoor commercial uses to allow and encourage outdoor entertainment uses · Specifying a minimum of 5 acres for automobile and truck dealership · Clarifying allowed uses with alcohol sales · Adding new and unlisted land uses A.4 Adiournment Mayor Trevino announced at 6:48 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 September 11,2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 6 Council, Place 7 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 Absent: David Whitson Council, Place 5 City Council Minutes September 11, 2006 Page 4 A.1 INVOCATION Mayor Trevino announced that a special ceremony would take place in order to observe the anniversary of the 9/11 tragedy. Fire Chief Andy Jones came forward said a few words while the color guard stood front and center. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. Police Officer Larry Irving gave the invocation. Mayor Trevino introduced former Councilwoman Joann Johnson who sang God Bless America. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION NATIONAL RECOVERY MONTH - PRESENTED BY COUNCIMAN KEN SAPP Councilman Sapp read the proclamation, proclaiming September 2006 as National Alcohol and Drug Addiction Recovery Month. A.4 CITIZENS PRESENTATION Mayor Pro Tern Lewis stated there were three citizens wishing to speak this evening. He called for Laverne O'Steen to speak first. Ms. O'Steen, 8429 Emerald Circle, presented a picture of a crumbling brick column. At her last presentation, Mr. Staples had referred to a letter from FEMA and stated she had a letter from FEMA dated a few days after the one referred by Mr. Staples. She presented a copy of the letter from FEMA to the council. She stated that she also had a bid that was received back in 2002 by a company willing to correct the problem by hauling out the retaining walls and reconstructing retaining walls that would hold up. That bid was for approximately 1.6 million dollars. Ms. O'Steen handed a copy of the bid to council. Mayor Trevino asked Bo Bass, Assistant City Manager who the fence was owned by. Mr. Bass replied that all indications show that the fence is owned by the Home Owners Association. The Mayor stated that the neighborhood owns the fence and that we were looking at 1.6 million dollars of city tax payer money to fix a private fence. Mr. Bass replied that would appear to be the request of Ms. O'Steen. City Council Minutes September 11, 2006 Page 5 George Staples, City Attorney, stated that the City was very aware of Ms. O'Steen's concerns, however - as has been stated on numerous occasions - this is an issue on private property that is owned and maintained by the Emerald Hills Home Owners Association. There is no legal basis for the City to assume any private obligations for the maintenance of the wall and lake. City staff has repeatedly responded to questions. In addition, City staff has provided Ms. O'Steen access to City records on the issue and offered copies of these materials. Ms. O'Steen has been notified in a letter from FEMA that the City has met all of the requirements associated with the flood plain permit and process. No public life-safety issue has been observed. If there is a safety issue, it is the responsibility of the private property owner to correct it. Once again, the problems Ms. O'Steen keeps referring to are on private property. The City simply cannot go in and make improvements on private property. It is the responsibility of every private property owner to take care of their own private property repair and maintenance items and not the responsibility of the taxpayers of our community. Mayor Pro Tern Lewis called for the next speaker Ms. JoAnn Johnson. JoAnn Johnson, 4704 Blaney, wanted to thank the council for inviting her to sing at the special ceremony. Ms. Johnson wanted to also thank the City Council, City staff, Naming Board and Park and Recreation Board for the wonderful honor of naming the hike and bike trail the "JoAnn Johnson Trail" (formerly known as South Electric Trail) in the last City Council Meeting. Mayor Pro Tern Lewis called on the last speaker to speak Mr. Chase Anderson. Chase Anderson, 5912 Cripple Creek Trail, second grade student at Walker Creek Elementary, read a letter he had written to Mayor Trevino. His class project was to make a difference in their city. Mr. Anderson chose to write a letter to the Mayor to pass a law to stop smoking in public places in North Richland Hills. A.S REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED 8.1 APPROVAL OF MINUTES OF AUGUST 24, 2006 SPECIAL CITY COUNCIL MEETING 8.2 APPROVAL OF MINUTES OF AUGUST 28,2006 CITY COUNCIL MEETING City Council Minutes September 11, 2006 Page 6 B.3 PW 2006-031 APPROVE CITY DEVELOPER AGREEMENT FOR REIMBURSEMENT OF INFRASTRUCTURE IMPROVEMENTS BEYOND THE DEVELOPER'S PROPORTIONATE SHARE FOR THE FOUNTAIN RIDGE SUBDIVISION - RESOLUTION NO. 2006-076 B.4 GN 2006-082 APPROVAL OF 2006 CERTIFIED TAX ROLL - RESOLUTION 2006-074 B.5 GN 2006-084 TERMINATION OF INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS AND WATAUGA FOR ANIMAL IMPOUND - RESOLUTION NO. 2006-073 MAYOR PRO TEM LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. PUBLIC HEARINGS C.1 RP 2006-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GRAHAM RANCH PARTNERS, L.T.D. TO APPROVE A REPLAT OF LOTS 1-11, BLOCK 9R AND LOTS 1-13, BLOCK 12, GRAHAM RANCH - PHASE TWO (LOCATED EAST OF RUFE SNOW AND NORTH OF CHAPMAN RD. -- 22.368 ACRES). APPROVED Mayor Trevino opened the public hearing and asked for the applicant to come forward. Mark Howe, 6617 Precinct Line Road, came forward and stated he was available to answer any questions the Council had. Eric Wilhite, Chief Planner, summarized the item. He stated that there was a correction on the acreage on the subject line from 22.368 to 5.89 acres. A replat is required any time it is proposed to subdivide a previously approved subdivision. Because this is a replat of property which has residential zoning, Local Government Code requires a public hearing be held. The applicant, Graham Ranch Partners L.TD. is requesting a replat of Graham Ranch - Phase Two, Lots 1-12, Block 9R and Lots 1-13, Block 12. This replat will change what was one large lot to create 24 additional single family lots and streets tying into the surrounding lots and street configuration of the previous plat. The Planning & Zoning Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve. City Council Minutes September 11 , 2006 Page 7 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 and called for the motion. COUNCILMAN TURNAGE MOVED TO APPROVE RP 2006-07. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.2 ZC 2006-10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7600 BLOCK OF FRANKIE B RD. -- .997 ACRES). ORDINANCE NO. 2899 APPROVED Mayor Trevino opened the public hearing and asked for the applicant to come forward. Mark Comis, 7420 Comis Drive, came forward. He was coming before council with a recommendation from P&Z Commission to change from his original request of R-3 zoning to R-2 zoning. He was available to answer any questions the Council had. Eric Wilhite, Chief Planner, summarized the item. The applicant, Mr. Mark Comis representing Royal Building Cooperation submitted a zoning change request to rezone two tracts totaling approximately 0.997 acres from "AG" Agricultural to "R-3" Residential for the purpose of developing a multi-lot subdivision. The "R-3" zoning district requires a minimum 7,700 square foot lot and a minimum 1 ,800 square foot dwelling unit size. During the Planning and Zoning Commission public hearing the applicant was requested by the Commission to consider a change to the zoning request to "R-2". The "R-2" district requires 9,000 square foot lots, and a minimum 2,000 square foot dwelling unit size. The applicant agreed to amend the original request of "R-3" to now be a request to "R-2". In general review of the property it would appear the dimensions of the tract would permit the same number of "R-2" lots as could be developed as "R-3" with narrow lot requirements. The Planning & Zoning Commission met on Thursday, August 17,2006 and recommended 7-0 to approve. Staff had received a petition of opposition to the "R-3" zoning request. None of the residents however appeared before the Planning & Zoning Commission. Staff has consulted with the City's legal counsel, and it was determined that the original petition is City Council Minutes September 11, 2006 Page 8 no longer valid due to it specifically being against the "R-3" zoning request. The zoning change request being heard by City Council is for "R-2" and as late as this afternoon another petition of opposition was received by staff. Staff confirmed that it was about 30% of those signatures were within the 200 ft. notification. However, the petition of opposition did not specifically state that they were in opposition of R-2 zoning change, only that they were opposed to anything allowing the property to be split into more than two lots. Mayor Trevino asked what other zoning could the property be changed to besides R-2 zoning. Mr. Wilhite stated that Comprehensive Land Use Plan indicates a low density residential which is R-2, R-3 or even R-1. It could possibly be divided into three lots based on the minimum width of an R-3 lot. He did not think it would meet the minimum square footage and it could not stay as one lot as R-1-S because that requires a minimum of 1 acre and the property is below 1 acre. The only thing that could be done is R-1 and still possibly be split into three lots. Councilwoman Compton stated that the item before them was a zoning change and not the decision of lots sizes. Mayor Trevino called for anyone wishing to speak an opposition to this change to please come forward. Mayor Pro Tern Lewis stated he had received a Public Meeting Appearance Card on a citizen wishing to speak on this item. He called for Randall Robinson to come forward. Randy Robinson, 7548 Hightower, came forward. He stated his property was behind Mr. Com is' proposed property on Buck Street. Mr. Robinson stated he was the representative for the people on the petition. They were against the property being subdivided into more than two lots. He stated that houses to the east, west and each corner are on half acre lots. They are wanting to keep the same consistency for the neighborhood, one house per half acre lot. Mayor Trevino called for anyone else wanting to speak in opposition to come forward. John Henyan, 7700 Frankie B, came forward. He stated he was the one who brought up the original petition stating they were opposed to R-3 zoning on the property. He stated that Mr. Comis came in at the last minute and changed his request to R-2 making the petition null and void, after days of putting it together. This second petition did not have all the names as the original, due to people being on vacation or not home at the time. He felt that the people that originally signed the first petition would also feel the same about the R-2 zoning change. He did not want someone coming in and building big houses on little lots and taking away the country feel their neighborhood has now. City Council Minutes September 11 , 2006 Page 9 Mayor Trevino asked Mr. Wilhite if Mr. Comis changed the request from R-3 to R-2. Mr. Wilhite stated the P&Z Commission and staff suggested that Mr. Comis change his request to R-2 and Mr. Comis agreed. Mayor Trevino called for anyone else wishing to against the request to come forward or in favor to come foward Mark Comis, 9917 Comis Drive, came forward. He wanted to make a comment that if he develops the property he will be extending the sewer line which will start to the north side of the neighborhood and go back to the west. He had spoken with two home owners on the north end of the street and they were in favor of him running the sewer line. He stated that without running the sewer line no one could develop the two half acre lots because they do not allow septic tank. He stated by running the sewer line over to the property it would be more beneficial to him if there were four lots. Mayor Trevino called for anyone else wanting to speak for or against the request please come forward. Diane Henyan, 7700 Frankie B, came forward. She stated that on the first petition all the neighbors to the north side of the street signed against the R-3 zoning. She said that Mr. Comis had stated that the people were in favor of him adding the sewer line but they were against the R-3 zoning change. Mayor Trevino called again for anyone wishing to speak for or against the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. MAYOR PRO TEM LEWIS MOVED TO APPROVE ORDINANCE No. 2899. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.3 ZC 2006-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7400 BLOCK OF EDEN RD. --1.4 ACRES). ORDINANCE NO. 2900 CONTINUE TO SEPTEMBER 25. 2006 Mayor Trevino opened the public hearing and read a letter submitted by the applicant requesting the City Council to continue items C.3 (ZC 2006-11) and C.4 (FP 2006-11) until the next City Council Meeting, set for September 25, 2006. The applicant's City Council Minutes September 11, 2006 Page 10 purpose was to appeal the City Engineers determination of "rough proportionality" relative to sanitary sewer improvements. Mayor Trevino called for anyone else wanting to speak for or against the request please come forward. Dana McCarty, 8108 Thornwood Drive, the applicant came forward. She stated that she was asking for a continuance on the item due to unforeseen costs of adding a sewer line because of rough proportionality. She stated that the City was working with her on this matter. COUNCILMAN SAPP MOVED TO CONTINUE ZC 2006-11 TO THE SEPTEMBER 25, 2006 CITY COUNCIL MEETING. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO CONTINUE THE PUBLIC HEARING ON ZC 2006-11 CARRIED 6-0. C.4 FP 2006-11 CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, MCCARTY ADDITION (LOCATED IN THE 7400 BLOCK OF EDEN RD. --1.4 ACRES).(THISITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.3) CONTINUE TO SEPTEMBER 25. 2006 Mayor Trevino stated this item was not a public hearing but was associated to the previous item. The Mayor again read the letter that the applicant was requesting that the City Council continue item CA (FP 2006-11) and waive the 30 day deadline of approval for this plat until the next City Council Meeting, September 25,2006. MAYOR PRO TEM LEWIS MOVED TO CONTINUE FP 2006-11 TO THE SEPTEMBER 25, 2006 CITY COUNCIL MEETING AND GRANTING THE APPLICANT'S REQUEST TO WAIVE THE 30 DAY DEADLINE FOR PLAT APPROVAL. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO CONTINUE FP 2006-11 CARRIED 6-0. C.5 ZC 2006-12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST TO APPROVE A ZONING CHANGE FROM nAG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY (LOCATED IN THE 6700 BLOCK OF MEADOW RD. -- 3.0) - ORDINANCE NO. 2901 APPROVED City Council Minutes September 11 2006 Page 11 Mayor Trevino opened the public hearing and asked for the applicant to come forward. Dencil Long, 6704 Meadow Road, the applicant came forward. He stated he was available to answer any questions the Council had. Eric Wilhite, Chief Planner gave a summary of the item. He stated that the applicant, Mr. Dencil Long, originally submitted a request for approval of a zoning change from "AG" (Agricultural) to "R-1" (Single Family Residential) for the purpose of remodeling and adding onto an existing single family residence. Due to the large size of the property the Planning and Zoning Commission felt that the lot would be of more than adequate size for the permitted agricultural type activities such as having livestock, and therefore suggested and asked Mr. Long that he consider amending his request to be R-1-S (special single family). Mr. Long agreed to do so. The zoning request being made to City Council is to rezone the subject property to "R-1-S". During the application and Development Review Committee process, the applicant did not indicate the desire to have the agricultural type uses that are permitted in the "R-1- S" residential zoning district, therefore the application was processed as requested. Based on the size of the property, and the Comprehensive Land Use Plan, "R-1-S" or "R-1" is acceptable in this area. The Planning & Zoning Commission recommended approval of ZC 2006-12 by a vote of 7-0. 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 and called for the motion. COUNCILWOMAN COMPTON MOVED TO APPROVE ORDINANCE No. 2901. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. RECESS Mayor Trevino stated that on the next item C.6 (ZC 2006-16 public hearing and consideration of a request from Smithfield Summit LP to approve a zoning change from "1-2" medium industrial to "Cs" commercial services (located in the 6400 block of Smithfield Rd. -- 1.033 acres) - Ordinance No. 2903) he would abstain from any discussion because his spouse owned property within 200 ft. of this property. Mayor Trevino called for a five minute recess and stepped down from the dais at 8:00 p.m. City Council Minutes September 11, 2006 Page 12 BACK TO ORDER Mayor Pro Tern Lewis called the meeting back to order at 8:07 p.m. with all Council members and staff present as previously recorded. C.6 ZC 2006-16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT LP TO APPROVE A ZONING CHANGE FROM "1-2" MEDIUM INDUSTRIAL TO "CS" COMMERCIAL SERVICES (LOCATED IN THE 6400 BLOCK OF SMITHFIELD RD. -- 1.033 ACRES). ORDINANCE NO. 2903 APPROVED Mayor Trevino advised prior to the recess that his spouse owned property within 200 ft. of this property and would abstain from any discussion. An affidavit of disqualification has been completed by Mayor Trevino and filed with the City Secretary stating the nature of the interest was his spouse owned property in close proximity to the development. Mayor Pro Tern Lewis opened the public hearing and asked for the applicant to come forward. John Grant, with Grant Engineering, located at 3244 Hemphill Street, came forward. He stated he was available to answer any questions the Council had. Eric Wilhite, Chief Planner gave a summary of the item. The applicant, Smithfield Summit LP represented by Daryl Barrett, is requesting the rezoning of two lots (indicated on the exhibit with hatched lines) totaling approx. 4.99 acres from "1-2" (medium industrial) to "CS" commercial services. The zoning change request abuts the vacant tract south of Bates Container, of which a site plan was approved in October 2005, for a 37,000 square foot structure, for the expansion of their current operation. This zoning change is for the purpose of developing a retail/commercial strip center. The proposed structure will be a 31,350 square foot structure facing Mid-Cities Blvd. The applicant currently has a Site Plan and Replat under staff review. The Planning & Zoning Commission met on Thursday, August 17, 2006 and recommended approval of ZC 2006-10 by a vote of 7-0. Mayor Pro Tern Lewis called for anyone wishing to speak for or against the request to come forward. Russell Murphy, 7813 Arthur Drive and owns property at 7808 Arthur Drive, came forward. He was not for or against the item his concern was on traffic flow in and out of City Council Minutes September 11 , 2006 Page 13 Smithfield Road when the development starts. He asked that when site plans are being reviewed to please consider the traffic flow. Mayor Pro Tern Lewis called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tern Lewis closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2903. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0; MAYOR TREVINO ABSTAINING ON DISCUSSION OF ITEM. Mayor Trevino returned to the dais at 8:13 p.m. C.7 ZC-2006-13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7000 BLOCK OF DOUGLAS LN. --1.234 ACRES). ORDINANCE NO. 2902 APPROVED Mayor Trevino opened the public hearing and asked for the applicant to come forward. Randy Seal, 6529 Meadow Lakes Drive, came forward. He stated he was available to answer any questions the Council had. Eric Wilhite, Chief Planner gave a summary of the item. The applicant, B.R. Seale, is requesting a zoning change from the existing "AG" (agricultural district) to "R-2" (single family residential) for the purpose of developing a single family subdivision. A concept plan was presented to DRC that would indicate the possibility of establishing a four lot subdivision. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. Mayor Pro Tern Lewis read a letter of opposition that was submitted to the Planning Department. Letter was sent by Gary Collins at 7409 Douglas Lane. Reasons for opposition were: · The homes and properties along Douglas Lane beginning with mine, as I am right next to this property, are all large lots and homes of at least 2500 sf. or larger. . Cramming four smaller homes into this less than 2 acre property will take away from the current country flair that pervades the entire length of Douglas Lane. City Council Minutes September 11, 2006 Page 14 · Trying to squeeze a four house subdivision into this property will harm the look and feel of our neighborhood. . It would be my opinion that no more than two home sites on this property would be in keeping with the present neighborhood and charm, and preferably of the home style that Marvin Smith has built along our Lane. 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 and called for the motion. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE 2902. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. PLANNING & DEVELOPMENT D.O NO ITEMS FOR THIS CATEGORY. NONE. PUBLIC WORKS E.1 PW 2006-024 APPROVE A RESOLUTION SUPPORTING A MUNICIPAL SETTING DESIGNATION (MSD) APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR 1101-1107 PAMELA DRIVE, 1103-1109, 1110, 1114 AND 1118 SOUTH AIRPORT CIRCLE AND 1205 TEXAS STAR PARKWAY LOCATED IN THE CITY OF EULESS, TEXAS - RESOLUTION NO. 2006-062 Mike Curtis, Director of Public Works, summarized the item. In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that relates to potable groundwater and the requirements for removing contaminants from groundwater. The law authorized the Texas Commission on Environmental Quality (TCEQ) to receive, process and certify MSD applications for properties within contaminated groundwater. The goal of this law is to reduce corrective action requirements and associated costs for City Council Minutes September 11, 2006 Page 15 clean up of contaminated groundwater that are not used as a potable water supply and are not likely to be used in the future. GPI Interim, Inc., Sealy Shiloh, LP and Texas Star Industrial Group, L TD are co- applicants in trying to obtain TCEQ approval for a MSD for property located in the City of Euless. The City of Euless passed an ordinance on April 11, 2006 prohibiting the use of groundwater for potable purposes at the designated properties. The application will need to include resolutions from cities located within a 5-mile radius of the MSD property indicating support. The City has the choice to either support or not support the MSD application. Staff has reviewed the technical aspects of the application. Staff would recommend support of the resolution for the following reasons. · The contaminated groundwater is shallow and appears to be separated from another underlying body of deeper groundwater by a confining layer of rock. Therefore it does not threaten the deeper aquifers. . The City of North Richland Hills has one well located within the 5-mile radius. It is a very low producing well and was located just on the 5-mile radius limit. Not that this would be the sole reason for recommending approval or denial, but as shown on the attached map the City of North Richland Hills just falls within the 5-mile radius. If the designated property was located several hundred feet further east, the City of North Richland Hills would not be part of this decision. Mr. Curtis stated that he did not see any concerns for the City of North Richland Hills with the approval of this resolution. Mayor Pro Tern Lewis asked if the City of Euless had approved this? Mr. Curtis replied yes, as part of the requirements the City of Euless was required to pass an ordinance approving the MSD property as well as prohibiting any potable ground water wells within a one-half mile radius of the property. Mayor Pro Tern Lewis asked Mr. Curtis what was the use of the property? Mr. Curtis introduced Leonard Schilling and Cindy Bishop, representatives of the property owners. Leonard Schilling, with Garner, Winn, and Sewell Law Firm in Dallas, represents the three property owners that are applying for a Municipal Setting Designation. The property itself is used for a number of commercial purposes. There was a semi- conductor manufacturing facility there at one time and right now there is a laminating facility, just various commercial uses. Mayor Trevino asked Mr. Curtis to talk about our water source in North Richland Hills. Mr. Curtis stated that North Richland Hills has five potable water wells. From the water wells we get approximately one million gallons per day of water. The City of North Richland Hills uses about twenty to twenty-two million gallons per day. We get less than 5% of water. This particular well was installed in 1958 and we get 0.1 mgd from it. City Council Minutes September 11, 2006 Page 16 COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-062. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. GENERAL ITEMS F.1 GN 2006-081 CONSIDER REVISING CHAPTER 98, SECTION 98-374, OF THE CODE OF ORDINANCES BY AMENDING SECTION 606.5 OF THE 2000 INTERNATIONAL PLUMBING CODE AND REPEALING THE PROHIBITION OF NON-METALLIC (PLASTIC) WATER DISTRIBUTION PIPING - ORDINANCE NO. 2906 Dave Pendley, Building Official, presented the item. For many years the North Richland Hills plumbing code has prohibited the use of non-metallic (plastic) water distribution pipe in residential and commercial construction. This "prohibition" was brought about for several reasons which included the massive failures of polybutylene pipe (gray plastic) in the 1980's. However, despite many of the early failures of non-metallic piping, the industry has greatly improved and various products are now available which have properties that meet or exceed copper piping and are also easier and less costly to install. These products are regularly tested and evaluated by the American Society for Testing and Materials (ASTM) as well as the International Code Council (ICC), and are products that are currently being approved by many of our surrounding communities. As a result, due to continued development and improvement of non-metallic water piping materials, as well as the overwhelming need to provide relief for our area contractors, staff brings forth this amendment to our plumbing code. The amendment strikes the current language in our city code and replaces it with text that will provide for the use of approved and tested non-metallic (plastic) water distribution piping types. The Construction Code Advisory Board met on August 8, 2006 and unanimously recommended approval of this amendment. COUNCILMAN SAPP MOVED TO APPROVE ORDINANCE No. 2906. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes September 11, 2006 Page 17 F.2 GN 2006-079 ADOPTING THE 2005/2006 REVISED BUDGET AND 2006/2007 PROPOSED BUDGET - ORDINANCE NO. 2904 APPROVED Drew Corn, Budget Director, summarized the item. The proposed budget for 2006/2007 was filed with the City Secretary's office on July 31, 2006. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The 2006/2007 General Fund budget is based on the 57¢ tax rate which is the existing rate for the current fiscal year. Revisions to the 2005/2006 revenues and expenditures have been made to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are: Fund General Fund Debt Service Fund Parks & Recreation Fund Crime Control District Promotional Fund Donations Fund Special Investigation Fund Drainage Utility Fund Gas Development Fund Utility Fund Aquatic Park Fund Golf Course Fund 2005/2006 Revised $34,620,226 16,531,108 4,317,856 4,647,562 234,626 121,240 379,697 711,368 o 22,155,199 3,677,527 2,112,585 The Budgeted Capital Projects Expenditures are: Fund Street & Sidewalk Projects Drainage Projects Utility Projects Parks & Recreation Projects Aquatic Park Projects Municipal Facility Projects Major Capital Equipment Program Economic Development Projects CIP Personnel-Operating Overhead Costs 2006/2007 Proposed $34,569,836 8,765,524 4,309,648 4,623,240 216,262 166,617 396,281 707,186 447,250 22,672,516 3,930,396 2,424,460 2006/2007 Proposed $10,481,508 345,000 2,975,000 1,964,889 912,000 7,001,602 2,018,100 3,410,000 1,144,593 $30,252,692 City Council Minutes September 11, 2006 Page 18 The City of North Richland Hills Crime Control and Prevention District Board of Directors and the City Council have reviewed the 2005/2006 Revised Budget and the 2006/2007 Proposed Budget and have recommended approval. Park and Recreation Facilities Development Corporation Board of Directors reviewed 2006/2007 proposed budget and have also recommended approval. As required by law, all legal notices were published. Approval of Ordinance No. 2904 would adopted 2005/2006 revised budget and 2006/2007 proposed budget. COUNCILWOMAN COMPTON MOVED TO APPROVE ORDINANCE No. 2904. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.3 GN 2006-080 ADOPTING THE TAX RATE FOR TAX YEAR 2006 - ORDINANCE NO. 2905 APPROVED Drew Corn, Budget Director, summarized the item. The notice of effective tax rate was published in the Star Telegram newspaper on August 8, 2006; the notice of public hearing on the tax increase, on August 17, 2006; and the notice of vote on tax rate, on August 29, 2006 all in accordance with State law. In addition, the notice of public hearing on the tax increase and the notice of vote on the tax rate were posted on the City's website and carried on Citicable in accordance with State law. The proposed 2006/2007 tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. If approved, this will be the fourteenth year with a 57¢ tax rate. The proposed rate of 57¢ is an increase of 0.358% over the effective tax rate. The proposed rate of 57¢ is broken down into two parts as follows: 34.6951 ¢ 22.3049¢ for the purposes of maintenance and operations for the payment of principal and interest on debt of the City Adoption of Ordinance No. 2905 would set the tax rate for fiscal year 2006/2007 at 57¢ per $100 valuation. MAYOR PRO TEM LEWIS MOVED TO APPROVE ORDINANCE No. 2905. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes September 11, 2006 Page 19 F.4 GN 2006-083 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS AND SOUTH LAKE FOR ANIMAL IMPOUNDMENT - RESOLUTION NO. 2006-075 APPROVED JoAnn Stout, Director of Neighborhood Services, presented the item. The Neighborhood Services Department was contacted by the City of Southlake back in July of 2006, inquiring whether the City of North Richland Hills would be willing to house their animals on a temporary basis until they could figure out a more long term plan. A local veterinarian previously housed the City of South lake's animals but their contract with him expired the end of July and the veterinarian informed them of his intent not to renew the contract. This proposed interlocal agreement must be approved by both the City of Southlake and the City of NRH. Southlake's City Council will take action on this interlocal agreement at their September 5, 2006 City Council meeting. The interlocal agreement if approved by both City Councils will be in full effect for 2 years, unless amended. This agreement may be terminated by either party after receiving 30 days written notice. The new rate, as reflected in the agreement will be $105 per animal. All boarding fees, adoption fees, impound fees etc., will go directly to the City of North Richland Hills. The City of Southlake will be responsible for medical treatment of all injured animals brought to our shelter. South lake's animal officer will continue to be responsible for monitoring their city and bringing any loose or stray animals to our shelter for handling. All other associated fees are based on current fees approved by ordinance. The City of South lake houses approximately 10-15 animals per month and therefore we feel that approving this interlocal agreement with the City of South lake will have little impact on our ability to maintain current service levels and our ability to care and accommodate the animals within our City. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-075. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.5 GN 2006-085 APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY City Council Minutes September 11 , 2006 Page 20 COMMITTEE APPROVED Thad Chambers, Economic Development Director presented the item. Recommendation for the reappointment of the following current members of the Advisory Committee for a two year term that will expire August 1, 2008: · Linda Timmons - Bates Containers, representing manufacturing. · Randy Moresi - North Hills Hospital, representing medical. · Dan Quinto - Developer, representing development and brokers. It is further recommended that a new person be appointed whose term would be expiring August 1, 2008 to represent non retail small - middle sized employer companies: . Gene O'Bannon With the vacancy created by Phil Myhra, it is recommended that Tony Garcia, President of Health Markets, Inc. and representing large employer groups, to fill the unexpired term of Mr. Myhra, and this term would expire August 1,2007. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2006-085. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.6 INFORMATION AND REPORTS Councilman Welch made the following announcements. The Regional Transportation Council will hold a public meeting at 6:30 p.m. on Tuesday, September 12th, in the City Council Chambers at North Richland Hills City Hall. The public is invited to learn what is happening with transportation in the region and help set priorities for the future. Iron Horse Golf Course, which has been closed for greens reconstruction, will reopen to the public on the afternoon of Thursday, September 21. To reserve your tee time, please call Iron Horse at 817-485-6666 ext. 5. City Council Minutes September 11, 2006 Page 21 Keep NRH Beautiful is recruiting volunteers for Trash Bash on Saturday, September 23. Neighborhood associations, schools, civic groups, scout troops, student associations, sororities, fraternities, and employee groups are encouraged to participate. For more information, please call 817-427-6651. Kudos Korner - Lori Brown, Parks & Recreation Department. An e-mail was received from a resident thanking Lori for the fantastic Sounds of Spring Concert Series. She said the event was especially perfect for her mentally delayed child who loves being outdoors and adores music. The resident expressed thanks to all who make these events possible. F.7 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:52 .m ATTEST: yiltttc/¿¿ ~ Patricia Hutson - City Secretary