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HomeMy WebLinkAboutCC 2006-10-09 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 - OCTOBER 9, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of October, 2006 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Thomas Powell Steve Brown Thad Chambers Richard Abernethy Call to Order Mayor Mayor Pro Tem, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Director of Support Services Library Director Director of Economic Development Assistant to City Manager Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from ReQular City Council Meetinq There were no questions from the Council. Staff presented additional information on the following agenda items: Agenda Item C-1, ZC 2006-03 - Assistant City Manager Bass advised the developer originally requested to rezone 10.948 acres of commercial and office to R-2, but City Council Minutes October 9,2006 Page 2 ultimately decided to rezone his entire ownership of 23 plus acres. The information provided to Council refers to 23.371 acres, but staff in error notified for only 10.948 acres. The 10.948 acres is all that the developer needs rezoned to extend the fourth phase of Thornbridge. The developer is aware of the error and wants to continue moving forward with rezoning the 10.948 acres. A revised ordinance with the 10.948 acres has been provided to Council for consideration. In addition, a citizen has turned in a petition on the zoning. Council has been provided with a copy of the petition and a graphic showing the 10.948 acres. The petition is valid with 22% of the area within 200 feet of the proposed rezoning and it will require a super majority vote for Council to approve the zoning request. It was also pointed out that the agenda packet reference to the site having frontage on Martin Drive should be Timber Drive. Agenda Items C-3 (ZC 2006-11) and D-1 (FP 2006-11) Mr. Bass advised the McCartys have requested to withdraw the two cases. Mr. Bass advised of the procedure to follow to formally accept the withdrawal of the cases. Agenda Items D-2 (RP 2006-10) and D-3 (SP 2006-10) - Mr. Bass advised that there was a petition, but it did not have any direct bearing on the case because it is not a zoning issue. There was discussion last week between the developer and staff on modifying the drainage improvement shown on the site plan. The drainage improvement is shown to be deep and close to Mid-Cities and Davis. Staff has resolved to everyone's satisfaction an alternate drainage improvement that moves it away from Davis, makes it more shallow and less of an impact visually. To logically discuss the items, Council was requested to flip the order of the site plan and replat. Mayor Trevino advised he would be abstaining from Items D.2 and D.3 and recusing himself because his wife owns property in the vicinity of the cases. Mayor Pro Tem Lewis will preside over the meeting for the two items. A.2 IR 2006-106 Discussion of McKee Water System Mr. Mike Curtis presented a PowerPoint presentation updating the Council on the impending closure of the McKee Water System and its impact on North Richland Hills residents. Council will be asked to consider an item on the regular agenda to approve a resolution providing a payment plan option for the McKee customers living in North Richland Hills to connect to the City's water system. Council was advised that the residents who live on Shady Grove will be able to connect to an existing City water main and will only be required to pay impact and connection fees. A City water main had to be constructed for the residents living on Gifford Lane. In addition to the impact and connection fees, the Gifford Lane residents will have to pay a pro rata share of the new water line. The City's standard procedure to connect to city water is to have all fees paid up front prior to making the connection. Because some of the residents are unable to pay the fees up front, the City Attorney has prepared a Mechanics Lien and Deed of Trust to allow the cost to be spread over a 5-year period with an APR of 6%. Some of City Council Minutes October 9, 2006 Page 3 the residents along the west side of Gifford Lane dedicated a 15-foot wide water line easement and are asking consideration be given towards their cost. Mr. Curtis presented Council with three options for Council consideration during the regular meeting: 1) Require standard process and not agree to Mechanics Lien; 2) Approve usage of Mechanics Lien, but not approve credit for dedicated easement; and 3) Approve use of Mechanics Lien and a $500 credit to property owners who dedicated an easement. A.3 IR 2006-103 Holiday Lane/Chapman Road/Meadow Road Intersection Study - Update Mr. Mike Curtis, Public Works Director, presented a PowerPoint Presentation updating the Council on the Holiday Lane/Chapman Road/Meadow Road Intersection Study. An engineering study was conducted to determine the feasibility of extending and realigning Holiday Lane so that the offset intersection could be eliminated. The results of the study are · The cost to extend and realign Holiday Lane directly impacts three to four properties and will cost approximately $1,000,000. · The cost to construct the traffic signals and minor street modifications as approved in the Capital Projects budget is approximately $300,000. · The property owners are against the extension and realignment of Holiday Lane because of the negative impact it will have on their property. Staff's recommendation is to construct the project with the offset traffic signals as outlined in the Capital Projects Budget. Council concurred with the recommendation of Staff. A.4 IR 2006-107 Economic Development Activities - Update Mr. Thad Chambers, Director of Economic Development presented a PowerPoint presentation updating the Council on ongoing programs in the department, information on major development projects, and high profile business openings and closings. There were no questions from the Council. A. 5 IR 2006-108 Staff BriefinQ on the Proposal to Initiate a Construction ManaQer ProQram Mr. Richard Torres, Assistant City Manager, briefed the Council on a proposed new program to create a new position of Construction Manager. An item is on the regular agenda for Council to consider approval of the new program. Council was advised that City Council Minutes October 9,2006 Page 4 Staff felt there was a need to bring in a new level of expertise to assist with the management of the library construction project and other major upcoming capital projects. Currently there is not a staff member fully qualified or with ample time to dedicate to the library project. The position will also manage other projects about to begin such as the Fire Training Facility, modifications to the City Hall Pre-Council Chambers and other future projects. Staff feels it would be more cost effective and efficient to have an in-house staff member who can be moved from project to project depending on city needs rather than hiring a consultant on a per project basis. The costs of the program will be allocated proportionately among the various projects that are assigned to the position. A.6 IR 2006-109 BriefinQ on Recent ChanQes to the Library Desiqn Mr. Richard Torres, introduced Mr. Craig Reynolds, BRW Architects, Mr. David Marsh, Vice President, Steele & Freeman and Mark Mile, Project Manager. Mr. Reynolds presented a PowerPoint presentation updating the Council on the recent changes to the library design. The original proposal of $6,759,800 included the base bid and the five alternates. At the last Council work session it was proposed that to add additional shell space would cost an estimated additional $740,000. The additional cost to add 9,858 square feet of shell space is $827,746 for a total construction cost of $7,587,546. Mr. Reynolds highlighted the project schedule. Councilman Sapp questioned if the reinforcement of the foundation discussed at the last work session was still being considered. Mr. Reynolds advised that it has been determined that it will cost an additional $160,000 and it is not being recommended. B.1 Executive Session Mayor Trevino announced at 6:41 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551 Texas Government Code to consult with Attorney authorized by Section 551.071 about pending litigation on Jacobson v. City of North Richland Hills, et al. C.O Adjournment Mayor Trevino announced at 6:44 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes October 9,2006 Page 5 REGULAR COUNCIL MEETING A.O. CALL TO ORDER Mayor Trevino called the meeting to order October 6,2006 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, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S} AND RECOGNITION(S} None. City Council Minutes October 9,2006 Page 6 A.4 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle, showed Council a picture of a crumbling column in her subdivision and read an excerpt from Article XVIII, Section 18 of the City's Charter - "No pool, pond or lake, receiving water from recognizable stream, creek, branch or natural drainage, shall be constructed without first obtaining a permit issued by the City. Ms. O'Steen commented that the City called it private property, but it was an easement as well and that the easement does not give the city permission to damage other people's property. Ms. O'Steen commented that the property was never permitted and that she had not seen the proper permit yet. Ms. O'Steen commented that earlier in the year a former Homeowners Association Treasurer mentioned that studies would be done to find a solution to the problem and obtain accurate bids. Ms. O'Steen advised she had not seen the names of any firms or dates and that the study was still being discussed. Ms. O'Steen advised that she also previously presented a picture of a broken rail in a neighbor's yard. Ms. O'Steen commented that the rail has not been repaired and that the neighbor has not been contacted about finding a solution to the problem. Ms. O'Steen stated that the situation at Emerald Lakes needs to be repaired. Mayor Trevino questioned Staff what permit Ms. O'Steen was referring to that the City did not have. Public Works Director Mike Curtis advised that according to the City Attorney the City has met all of the requirements for the permit for the work that was done within the flood plain. The other permit referred to by Ms. O'Steen is the unsigned permit, which is the flood plain development permit. The flood plain development permit is not a permit that is required for the construction of the wall. It is a permit between the city and developer that is provided to FEMA indicating that work is going to be done in the floodway. It does not address private development and in this case, does not address the wall. Mr. Curtis advised that FEMA has informed the City that the City is in complete compliance with the National Flood Insurance Program. The City has signed the permit that Ms. O'Steen keeps referring to, but the permit is nothing more than a flood plain development permit and not a permit for the construction of the retaining walls. Mayor Trevino asked Mr. Bass if the retaining wall was the City's wall. Mr. Bass advised the wall was private property and that the City Attorney has ruled numerous times that it is private property. Mr. Bass advised that the retaining wall is within private ownership and that the Homeowners Association has been contacted about the fence panel. Mayor Trevino asked the City Attorney if, from the City's standpoint, the City could fix the wall. City Council Minutes October 9,2006 Page 7 Mr. Staples advised that as he has already previously advised, it is not lawful to use public funds to meet obligations of private property owners. It is the obligation of private property owners not the obligation of the City. The wall and the lake are not the City's. A.5 REMOVAL OF ITEM(S} FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B1. APPROVAL OF MINUTES OF SEPTEMBER 25,2006 CITY COUNCIL MEETING B2. GN 2006-093 APPROVE CANCELLATION OF NOVEMBER 27, 2006 AND DECEMBER 25,2006 CITY COUNCIL MEETINGS B3. FP 2006-12 CONSIDERATION OF A REQUEST FROM AP SURVEY COMPANY ON BEHALF OF PERRY & VALERIE ROBERTS TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1; ROBERTS ESTATES, (LOCATED IN THE 8900 BLOCK OF MARTIN DR. - 1.996 ACRES). B4. PAY 2006-005 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT - RESOLUTION NO. 2006-085 B5. PU 2006-056 AUTHORIZE CONTRACT EXTENSION WITH HARD KOUNTRY CONCRETE AS PRIMARY CONTRACTOR AND PATCO UTILITIES, INC. AS SECONDARY CONTRACTOR FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS - RESOLUTION NO. 2006-083 B6. PW 2006-033 APPROVE CITY-DEVELOPER AGREEMENT WITH "VENUE AT HOME TOWN, LTD." IN THE AMOUNT OF $22,759 FOR THE CONSTRUCTION OF SANITARY SEWER AS PLANNED IN THE GRAND AVENUE PROJECT - RESOLUTION NO. 2006-082 MAYOR PRO TEM LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes October 9,2006 Page 8 PUBLIC HEARINGS C.1 ZC 2006-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B H & L JOINT VENTURE TO APPROVE A ZONING CHANGE FROM "C-1" COMMERCIAL, "0-1" OFFICE AND "R-3" SINGLE FAMILY RESIDENTIAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8200 BLOCK OF DAVIS BLVD.- 23.371 ACRES). ORDINANCE NO. 2908 APPROVED Mayor Trevino opened the public hearing. Mayor Trevino advised that the agenda and the notification letters to the surrounding property owners state that the request consists of 23.371 acres. Mayor Trevino advised that the request is for less than 23 acres and that Staff would be explaining in more detail during their presentation. Mr. Mark Long, 1615 Precinct Line Road, engineer representing the developer, advised the request was to approve a zoning change from C-1, 0-1 and R-3 to R-2 Single Family Residential for the purpose of developing 34 lots. Mr. Long was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, presented a summary of the issues and Planning & Zoning recommendations. The request is to rezone 10.948 acres. Mr. Wilhite showed Council the area of land that was presented to the Planning & Zoning Commission at their meeting and included in the notification letters sent to the property owners. Mr. Wilhite showed Council the correct area of land (10.948 acres) as described in the legal notice and revised ordinance. The rezoning of 10.948 acres will still give the developer the ability to develop his property as planned. A preliminary plat has been submitted. The Planning and Zoning Commission recommended approval of the rezoning on September 21. Earlier in the day, Staff received a petition of opposition from property owners on Timber Drive. Approval of the request will require a super majority vote of the Council. Mayor Trevino advised that the item before the Council is a zoning issue. The petition lists three concerns of the residents, none of which pertain to zoning. Mayor Trevino advised that the concerns and issues raised by the residents would be addressed during the platting process. Staff advised that layout of the property on the Zoning Exhibit was conceptual and that the City has not received final construction plans. When Staff reviews the plans for the subdivision, special attention will be given to the drainage, access and traffic concerns of the residents. City Council Minutes October 9,2006 Page 9 Councilman Whitson stated that he had been advised by the residents of flooding problems caused by the amount of dirt that had already been brought in by the developer. Staff was asked to learn more about the flooding problem from the residents. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. There being no one wishing to speak, Mayor Trevino called for anyone wishing to speak in opposition to come forward. Mayor Pro Tem Lewis advised that the following citizens did not wish to speak but wanted to go on record as being in opposition to the rezoning. Les Bokros, 8632 Timber Drive James Nunnery, 8617 Timber Drive Peggy Martin, 8629 Timber Drive Roger Martin, 8629 Timber Drive Margie Bokros, 8632 Timber Drive J.M. Drake, 8220 Davis Boulevard LaVerne L. Hartman, 8609 Timber Drive Barbara Drake, 8220 Davis Boulevard Raymond Caughey, 8620 Timber Drive Marva Caughey, 8620 Timber Drive Eleanor Osburn, 8621 Timber Drive Peggy Elliott, 8628 Timber Drive The following individuals spoke in opposition to the request citing concerns with Timber Drive being opened to through traffic from the new development, drainage issues, and safety concerns with an entrance on Davis Boulevard from the new subdivision located in close proximity to the current entrance of Timber Drive to Davis Boulevard. Ms. Marci Elliott, 8628 Timber Drive Ms. Judy Showlater, 8624 Timber Drive Mr. Kelly G. Elliott, 8628 Timber Drive. There being no one else wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM LEWIS MOVED TO APPROVE ZC 2006-03. COUNCILMAN TURNAGE SECONDED THE MOTION. Council discussed the concerns of the residents and the possibility of addressing the issue of opening Timber to through traffic by installing an access gate at Timber for use by emergency vehicles. Council discussed that the proposed zoning was consistent with the Comprehensive Plan and that if the property were to develop as currently City Council Minutes October 9, 2006 Page 10 zoned, the issue of through traffic and access to Davis would remain. Council discussed their desire for the developer to address the concerns and issues of the citizens. There was extensive discussion on the ingress/egress issue on Davis Boulevard and the access problem caused by the location of the box culvert at Davis. Council discussed their options of approving, denying or tabling the item and the resulting impact. Mayor Trevino asked Mr. Long if he would be willing to consider a planned development for the entire 24 acres. Mr. Long advised that the remainder of the property was in the flood plain and would not be useable. AFTER FURTHER DISCUSSION ON INGRESS/EGRESS TO DAVIS, MOTION TO APPROVE CARRIED 7- O. C.2 RP 2006-12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROBERT AND PAT HUNT TO APPROVE A REPLAT OF LOTS 3D & 4A, BLOCK 3, WOODBERT ADDITION TO LOT 3R, BLOCK 3, WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS LN. - 0.6374 ACRES). APPROVED Mayor Trevino opened the Public Hearing. Mr. Robert Hunt, applicant, presented his request for a replat. Mr. Hunt advised he planned to build his home on the property. Mr. Eric Wilhite, Chief Planner, summarized the item and presented the recommendation of the Planning & Zoning Commission. The applicant is replatting two lots into one large lot. The plat meets all the City's rules and regulations and the Planning and Zoning Commission recommended approval on September 21. The plat was reviewed for rough proportionality and it was determined that all public improvements have been previously constructed except for sidewalks. The developer will be required to construct the sidewalks at the time of construction of the residence on the property. 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. COUNCILMAN WELCH MOVED TO APPROVE RP 2006-12. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes October 9,2006 Page 11 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. *THIS PUBLIC HEARING AND CONSIDERATION WAS CONTINUED AT THE SEPTEMBER 25, 2006 CITY COUNCIL MEETING UNTIL OCTOBER 9,2006.* WITHDRAWN BY APPLICANTS Mayor Trevino advised the McCartys requested at the September 25, 2006 Council meeting a continuance of the public hearing to the October 9 council meeting. Mrs. McCarty came forward to read into record a letter of withdrawal for ZC 2006-11 and FP 2006-11. The letter requested the City Council remove from the city's agenda, docket and consideration the following cases: ZC 2006-11 and FP 2006-11. Ms. McCarty advised they were officially withdrawing these cases at this time. COUNCILMAN SAPP MOVED TO ACCEPT THE MCCARTY'S LETTER OF WITHDRAWAL FOR ITEMS ZC 2006-11 (AGENDA ITEM C.3) AND FP 2006-11 (AGENDA ITEM D.1). COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT D.1 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). *THIS FINAL PLAT WAS CONTINUED AT THE SEPTEMBER 25,2006 CITY COUNCIL MEETING UNTIL OCTOBER 9, 2006. WITHDRAWN BY APPLICANTS Item was withdrawn by the McCartys and accepted by Council in conjunction with Agenda Item C.3. City Council Minutes October 9,2006 Page 12 D.2 RP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A REPLAT OF LOTS 15 & 16, BLOCK H AND LOT 22, BLOCK J AND PORTIONS OF THREE UNPLATTED TRACTS IN THE JOHN BARLOUGH SURVEY TO LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES) APPROVED Mayor Trevino advised he would abstain from Agenda Items D.2 and D.3 because his wife owns property in the vicinity of the requests. Mayor Trevino recused himself and asked Mayor Pro Tem Lewis to chair the meeting at 8:11 p.m. 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 Tem Lewis advised that in order to more logically discuss the two items he was changing the order of Agenda Items D.2 and D.3. Mayor Pro Tem Lewis advised this was not a public hearing but that several citizens on Arthur and adjacent areas have expressed concerns to Council and City staff. While it is not a public hearing, the Council and Staff acknowledge the concerns expressed by the citizens. Mayor Pro Tem Lewis advised that Staff would be presenting information on D.3 that will address the residents' concerns. D.3 SP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A SITE PLAN FOR A RETAIL CENTER, LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD.- 4.996 ACRES). APPROVED Mr. Dan Mcinnis, Mcinnis Land Consultants, 108 West 8th Street, Fort Worth, representing the applicant, presented the request. Mr. Mcinnis advised that since the Planning & Zoning meeting, they have worked with Staff on changes that soften the area around the drainage facility. Mr. Mcinnis presented a revision to the site plan that makes the drainage facility work more as a landscape bern amenity than a drainage facility. Mr. Eric Wilhite, Chief Planner, presented a summary of the case and the recommendation of the Planning & Zoning Commission. Applicant is requesting approval for the development of a 31,350 square foot retail commercial center on 4.9 acres. The first phase of the development includes a drainage facility in the eastern undeveloped portion of the site. The development will have access off Smithfield Road City Council Minutes October 9,2006 Page 13 and Mid-Cities Boulevard. At the time Phase II is developed a site plan will be required. The site plan meets all site development standards and was recommended for approval by the Planning and Zoning Commission on September 21,2006. Councilman Welch questioned the turning radius of the drive off Smithfield Road and questioned if a 35 foot radius would improve access and keep traffic moving north bound until Smithfield Road is widened at some point in the future. Staff advised that it appeared to be a 20 foot turning radius based on the scale and that a 35 foot radius would improve access. Mr. Mike Curtis, Public Works Director, addressed the drainage and some of the traffic concerns expressed by the citizens to Staff and Council. Mr. Curtis pointed out that Staff would request that Council approve the site plan in their packet contingent on the modifications shown by Mr. McGinnis being incorporated into the construction plan. The developer was required to submit a Traffic Impact Analysis. The purpose of the analysis was to look at the trips that would be generated from this site at the two drive approaches. It was found that the development would not add a significant amount of traffic. The development will be increasing traffic on Smithfield Road but the increase will not be significant compared to the existing traffic volumes. The City is working on long term solutions for the traffic problems on Smithfield at Arthur Drive. The long-term solution is improvements to Davis Boulevard and improvements to the intersection of Davis Boulevard at Mid Cities. These are CIP projects, but because Davis Boulevard is a state highway and grant money was received for the projects the City is required to following certain processes and procedures. For short term solutions, the Public Works Department will be installing a "No Outlet" or "Dead End" sign at the intersection of Arthur Drive and placing flags on the existing "Do Not Block Intersection" sign to draw driver attention to the sign. Additionally "Do Not Block Intersection" pavement markings will be placed in the intersection. Staff will be looking to see if there would be a benefit in restripping Smithfield Road. Smithfield Road is currently 40 feet wide and will in the future be widened to 48 feet. Smithfield Road is shown on the Master Thoroughfare Plan as a major collector 48 feet wide, 4 lanes and 68 feet of right of way. Additional right of way will be required on the west side of Smithfield Road when it is widened. There are not any CIP projects currently budgeted to make long-term improvements at Smithfield Road. Mr. Curtis responded to questions from Council. Councilman Welch asked Mr. Mcinnis if the applicant would be agreeable to a 35 foot wide turning radius off of Smithfield Road. Mr. Mcinnis advised that they could accommodate Council's request. COUNCILMAN WELCH MOVED TO APPROVE SP 2006-10 TO INCLUDE THE NEW SITE PLAN TO SHOW THE NEW DRAINAGE IMPROVEMENTS, TO INCLUDE WITH THE SITE PLAN THE 35 FOOT RADIUS OFF OF THE DRIVEWAY ONTO SMITHFIELD ROAD TO BE REVIEWED BY PUBLIC WORKS City Council Minutes October 9,2006 Page 14 TO MAKE SURE THERE ARE NO POTENTIAL PROBLEMS. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D.2 RP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A REPLAT OF LOTS 15 & 16, BLOCK H AND LOT 22, BLOCK J AND PORTIONS OF THREE UNPLATTED TRACTS IN THE JOHN BARLOUGH SURVEY TO LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES) APPROVED Mr. Dan Mcinnis, Mcinnis Land Consultants, 108 West 8th Street, Fort Worth, representing the applicant, presented the request and was available to answer questions from Council. Mr. Mcinnis advised the minor adjustment would be made to change the drainage and maintenance for the site plan approved in the previous item. Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendations of Staff and the Planning & Zoning Commission. The applicant is requesting a replat of 4.996 acres to develop a retail/commercial center. The drainage facility easement will be adjusted based on the approved site plan. The plat meets all the subdivision rules and regulations and is recommended for approval by Staff and the Planning & Zoning Commission. COUNCILMAN SAPP MOVED TO APPROVE RP 2006-10. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Mayor Trevino returned to the Council dais at 8:52 p.m. PUBLIC WORKS E.1 PW 2006-032 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MECHANIC'S LIEN AND DEED OF TRUST FOR THE MCKEE WATER SYSTEM CUSTOMERS LOCATED ON SHADY GROVE ROAD AND GIFFORD LANE (NORTH RICHLAND HILLS CUSTOMERS) - RESOLUTION NO. 2006-081 APPROVED City Council Minutes October 9,2006 Page 15 Mr. Mike Curtis, Public Works Director, recapped the shutting down of the McKee Water System. The City has been working to install public water mains to serve the residents connected to the private system. Residents connected to the private system along Shady Grove Road have a City water main that they can connect to for service. Thirteen residents live along Gifford Lane, a private road, and are on the private system. Public Works was unable to obtain easements from all residents on Gifford Lane, but was able to get easements along the west side of the road, enabling all residents on both sides of the road to have access to the water main. A new 8-inch main has been constructed along Gifford Lane and all of the McKee customers residing in North Richland Hills have access to a public water line. Because the Shady Grove Road residents already had access to a public water line, their cost to connect will be the City's standard connection and impact fees. Residents on Gifford Lane will have the connection and impact fees plus their share of the cost of the new 8-inch water line. Standard procedure in connecting to City water is that all fees are to be paid prior to the City making the connection. The City Attorney has prepared a Mechanic's Lien and Deed of Trust that will allow the cost to be spread out over a 5-year period at an annual percentage rate of 6%. Council's approval of the resolution will give the City Manager the authority to execute the Mechanic's Lien with each of the Shady Grove and Gifford Lane residents currently connected to the McKee system. Council was presented with three options for consideration. Option 1 will require the Standard Process and not agree to the Mechanic's Lien. Option 2 will approve the usage of the Mechanic's Lien, but not approve credit for dedicated easement. Option 3 will approve the usage of the Mechanic's Lien and approve a $500 credit to those property owners who dedicated an easement. Staff's recommendation is to approve Resolution No. 2006-081 authorizing the City Manager to execute a Mechanic's Lien and Deed of Trust and to select Option 3 providing those residents who dedicated an easement a $500 credit to be applied to their balance. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-081 AUTHORIZING THE CITY MANAGER TO EXECUTE A MECHANIC'S LIEN AND DEED OF TRUST AND TO SELECT OPTION 3 PROVIDING THOSE RESIDENTS WHO DEDICATED AN EASEMENT A $500 CREDIT TO BE APPLIED TO THEIR BALANCE. COUNCILMAN BARTH SECONDED THE MOTION. Mayor Trevino questioned if Staff had talked with the citizen who spoke at the last Council meeting during Citizen Presentation requesting consideration be given for the easement he had dedicated and if he was satisfied. Staff advised that the option approved by Council was the option the citizen had requested and that to the City's knowledge he was satisfied with the approach. MOTION TO APPROVE CARRIED 7-0. City Council Minutes October 9,2006 Page 16 E.2 PW 2006-034 APPROVE RESOLUTION ENDORSING CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT BY EXEMPTING AN AMOUNT TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 2% LOCAL SALES TAX CAP - RESOLUTION NO. 2006-087 APPROVED Mr. Mike Curtis, Public Works Director, summarized the item. The Mayor and many of the Council members have been working the past 36 months along with regional leaders to develop a plan for a seamless regional rail system. House Bill 2702 established a Regional Transit System Review Committee for a multi-county area of North Texas. The committee consisted of Senators and Representatives from the counties along with local elected officials and transportation provider representatives. The committee conducted several meetings over the past year looking for funding options for regional rail. All cities in the region are being asked to support a resolution supporting the "Joint Recommendations for Regional Rail in North Central Texas" as put forth by The T, DART, and the Denton County Transit Authority and urging the legislature to pass legislation exempting an amount equal to the locally authorized transit sales tax from the 2% local sales tax cap. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION No. 2006-087. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 PU 2006-057 AWARD OF CONTRACT TO STEELE & FREEMAN, INC. IN THE AMOUNT OF $7,587,546 FOR THE CONSTRUCTION OF THE NEW LIBRARY - RESOLUTION NO. 2006-084 APPROVED Mr. Thomas Powell, Director of Support Services, presented the item. Item is to consider approval of the contract for construction of the new library facility in Home Town. The 2004/05 Capital Projects Budget included funding for the project. Architects for the project is Brown Reynolds Watford Architects, Inc. (BRW). Proposals for construction of the facility were received from 11 firms. Steele & Freeman, Inc. presented the best proposal. The proposal of $6,759,800 came in under budget and included the general construction of the library plus five alternate items including roller shades for the windows, cast stone cornice and base, acoustical wall panels in the lobby, lightening protection, and a monument sign. At the September 25 Council work City Council Minutes October 9,2006 Page 17 session the Council directed Staff to move forward with evaluating and including an additional 9,400 square feet (approximate) of shelled area to the project. The additional space has been planned since the early planning stages of the library, but it was not believed that it would be possible at this time due to the budget size and increased costs of construction It has been determined that the additional shell space will be 9,858 square feet. The additional cost for the 9,858 square feet, two floor addition including windows with roller shades, fire alarm and fire sprinkler system, roof top air conditioner, and limited lighting with provisions for future electrical is $827,746. The total construction cost with Steele Freeman including the additional shell area is $7,587,546. The project is under the total construction budget of $8,750,000. COUNCILMAN BARTH MOVED TO APPROVE RESOLUTION No. 2006-084. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2006-092 AUTHORIZE THE CITY MANAGER TO OBTAIN ADDITIONAL SERVICES FROM BRW ARCHITECTS IN THE AMOUNT OF $72,000 - RESOLUTION NO. 2006-086. APPROVED Mr. Thomas Powell, Director of Support Services, presented the item. The additional 9,858 square feet of shell space being added to the library project approved in the previous agenda item requires additional architectural services by BRW Architects. BRW has submitted a proposal to amend the existing architectural contract in the amount of $72,000. COUNCILMAN WELCH MOVED TO APPROVE GN 2006-092, RESOLUTION No. 2006-086. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2006-094 APPROVE CONSTRUCTION MANAGEMENT PROGRAM - RESOLUTION NO. 2006-088 APPROVED Mr. Richard Torres, Assistant City Manager, presented the item. Resolution No. 2006- 088 will authorize the City Manager to implement a Construction Management Program to oversee all significant capital construction projects. The Construction Manager will City Council Minutes October 9,2006 Page 18 oversee the new library project as well as other upcoming major capital construction projects. MAYOR PRO TEM LEWIS MOVED TO APPROVE RESOLUTION No. 2006-088. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED No action needed. F.5 INFORMATION AND REPORTS Councilman Whitson made the following announcements. The Autumn Night Music concert series will continue on Saturday, October 14, with a performance by the Beatles tribute band Me and My Monkey. The free concert will begin at 7 p.m. at Kay Granger Park at Mullendore Elementary School. Guests are encouraged to bring blankets and lawn chairs. For more information, please call 817- 427-6600. Residents can dispose of unwanted bulky items during the annual Fall Community Cleanup on Saturday, October 14. Unwanted furniture, appliances, brush and other items can be dropped off between 9 a.m. and noon at the Tarrant County College Northeast Campus, 828 Harwood Rd., Parking Lot E (by the Tennis Courts). For more details, please call 817-427-6650. The Neighborhood Services Department is holding a LitterNot cleanup event from 8:30 a.m. to noon on Saturday, October 21. Volunteers will meet at the Neighborhood Services Building on Dick Fisher Drive and pick up litter in the rights-of-way. For more information please call 817-427-6651. Kudos Korner - Firefighter/Paramedics Mike Barker, Scott Gray and Rick Pea cor Fire Department. A letter was received from a resident thanking these employees for responding when her son fell and hit his head. The resident said the way these employees interacted with her son was marvelous. They immediately began speaking City Council Minutes October 9,2006 Page 19 with him about his favorite super heroes and engaged him in other child-friendly conversation which helped with the anxiety. Their kind smiles and true compassion was greatly appreciated. F.6 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:29 .m ATTEST: øâl;1j&~~ Patricia Hutson - City Secretary ~\\\\U\\\IIU"IIl,% ~Øb~ ":\ ~/t¡j n '~ OJ r i(J) . Z\ J.!..: \)00\ ·h...., 0\... /.+' -1'-/ l'...__/s'.4 ~~ ::J *