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HomeMy WebLinkAboutCC 2006-08-14 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 - AUGUST 14,2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14th day of August, 2006 at 6:30 p.m. in the Pre-Council Room prior to the 7:00 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 Monica Solko George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Drew Corn Andy Jones Steve Brown Eric Wilhite Greg VanNeiuwenhuize Melinda Holland Call to Order Mayor Mayor Pro T em Councilman Councilwoman Councilman Councilman Councilman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Budget Director Fire Chief Library Director Chief Planner Public Works Assistant Director Webmaster Mayor Trevino called the work session to order at 6:30 p.m. A.O Discuss Items from Reqular City Council Meetinq Councilman Ken Sapp asked about item E.1 (approve professional services agreement with Freese and Nichols, Inc. for the unidirectional flushing program). He asked once the system is in place how would it be managed? Mike Curtis, Director of Public Works stated that the consultant would be designing the process. The Public Works Operations Service Center will be trained how to run the program. This program is not City Council Minutes August14,2006 Page 2 a computer program it consists of flushing particular pipe sections in a sequential manner starting from the source of the system out to the outer boundary limits of the system. This will result in a higher level of water quality and less wasted water. Councilman Sapp asked if the system would help with the taste of the water. Mr. Curtis stated that this program was not intended for taste and odor it was a maintenance issue. B.1 Executive Session Mayor Trevino announced at 6:33 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code to discuss the following: a) Lease of Municipal Real Property for Mineral Development Authorized by Section 551.072 to discuss the leasing of Mineral Rights at Green Valley Park and Cross Timbers Park; b) Pending Litigation Authorized by Section 551.071, to consult with attorney regarding Laura Friend vs. City of North Richland Hills. C.O Adjournment Mayor Trevino announced at 6:43 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 August 14, 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 City Manager Assistant City Manager Assistant City Manager City Council Minutes August 14, 2006 Page 3 Monica Solko George Staples Assistant City Secretary Attorney A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson 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 and a section of loose wrought iron fencing on the retaining wall in the Emerald Lakes area and commented this was her 13th citizen presentation on the subject matter. Ms. O'Steen commented on concerns associated with the Emerald Lakes and handed out a letter to Council from Noakes Engineering Company, Inc. dated March 25, 2003. Darinda Howeth, 7501 Acts Court came forward to speak on Cross Timbers Park. She spoke on behalf of: Joe Howeth, David Caselman, Joann Todd, Gina Helm, Ed Helm, John Deeds, Alesha Lobo, Leta Alfaro. She was representing the neighbors who backup to Cross Timbers Park and Adventure World Playground. The last several years she and her neighbors have seen an increase in copperhead snakes in their neighborhood. They are concerned for the safety of the children who play at the playground and citizens who walk through the trails of the park. After visiting neighbors, found that there had been 43 copperhead killings on residential property. Two had been captured and turned over to Animal Control. Two others had been captured and released back into the park. At this time, they did not have a proper solution but had two suggestions: 1) to hire a professional venomous snake removal company which is very expensive; 2) to gather a group of herpetologist and activists to capture the copperheads and relocate them. She understands the importance of the ecosystem and what the snakes do there. They were not asking that they remove all of the snakes City Council Minutes August14,2006 Page 4 just the venomous snakes. They do take precautions by lining their yards with the organic snake stopper powder but it has not stopped them. They are asking for assistance and ideas to remove all of the population of copperhead snakes. Citizens in opposition of the removal of the snakes each came forward to speak. · David Chan, 7500 Acts Court (also handed out a petition to Council) · Jennifer Ward, 7505 Acts Court · Jan Bibb, 7504 Acts Court · Marlin Miller, 5109 Susan Lee Lane · Glen Nerwin, 7724 Aubrey Lane · Scott Davis, 7820 Aubrey Lane · Chris Cowne, 7821 Aubrey Lane Some of the citizens have walked on and off the trail and have yet to see a snake. Some have seen grass snakes. They felt that people who stacked fire wood, leaves or other types of material are sending an invitation for snakes to hide in. They stated that people who leave pet food, bird food and open garbage cans out would attract rodents and with that snakes would follow the food source. They felt because of the snakes the rodent problem in their homes have decreased and by removing the snakes, the rodents would return. Several stated that snakes were afraid of people. If you made noise around a snake they would run in the opposite direction. They felt with the recent drought that not only snakes, but all other wildlife in the park have been coming in their yards in search for water. They all expressed concern with the balance of the ecosystem in the park. By removing the snakes they could possibly rid other wildlife that live in the park. They stated that the park was a jewel in the middle of the Metroplex for all nature lovers. It is also a learning tool for children on wildlife. They felt that education on snakes is the best solution for the problem. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B1. APPROVAL OF MINUTES OF JULY 24, 2006 CITY COUNCIL MEETING B2. APPROVAL OF MINUTES OF AUGUST 4-5, 2006 BUDGET WORK SESSION City Council Minutes August14,2006 Page 5 B3. FP 2006-05 CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT, FLP TO APPROVE A FINAL PLAT OF THORN BRIDGE EAST PHASE III ADDITION (LOCATED IN THE 8000 BLOCK OF PRECINCT LINE RD.) B4. FP 2006-10 CONSIDERATION OF A REQUEST FROM REAVES BUILDING CORP. AND COMIS DEVELOPMENT CORPORATION TO APPROVE A FINAL PLAT OF LOTS 1-2, BLOCK 1, REAVES ADDITION (LOCATED IN THE 8800 BLOCK OF RUMFIELD RD. - 1.304 ACRES). COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 ZC 2006-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM PERRY & VALERIE ROBERTS TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED AT 8901 MARTIN DR. -1.996 ACRES). ORDINANCE NO. 2897 APPROVED Mayor Trevino opened the public hearing and asked for the applicant to come forward. James Schwend, with AP Survey Company, representing the applicant came forward and was ready to answer any questions the Council had. Eric Wilhite, Chief Planner, summarized the item. The applicants, Perry and Valerie Roberts, represented by AP Survey Company, are requesting approval of a zoning change from the existing "AG" (agricultural district) to "R-1-S" (special single family residential district) for the purpose of developing a single family residence. The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended 6-0 to approve ZC 2006-08. 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. City Council Minutes August14,2006 Page 6 COUNCILMAN WELCH MOVED TO APPROVE ZC 2006-08 AND ORDINANCE No. 2897. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.2 RP 2006-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SCOTT KUNKEL TO APPROVE A REPLAT OF LOT 6, COLLEGE ACRES INTO TWO LOTS 6A AND 6B, BLOCK 1, COLLEGE ACRES ADDITION (LOCATED IN THE 8000 BLOCK OF GREEN VALLEY DR.) APPROVED Mayor Trevino opened the public hearing and asked for the applicant to come forward. Scott Kunkel, the applicant came forward. He presented the item and was available to answer questions from the Council. Eric Wilhite, Chief Planner gave a summary of the item. Again, the applicant, Scott Kunkel, is requesting a replat of Lot 6 of College Acres Addition which is currently a single 2.09 acre lot. The purpose of the replat is to develop two R-3 single family lots of 1 acre each. The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended approval of RP 2006-08 by a vote of 6-0. Mayor Trevino called for anyone wishing to speak for the request to come forward. Mayor Pro Tem Lewis stated there was a Public Meeting Appearance Card on this issue. Dennis and Rebecca Paul, 8044 Green Valley Drive, did not wish to speak but wanted the record to show their support of this issue. Mayor Trevino called for anyone wishing to speak against the item 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 2006-08. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes August14,2006 Page 7 C.3 GN 2006-068 PUBLIC HEARING AND ACTION ON THE USE OF GREEN VALLEY PARK AND CROSS TIMBERS PARK FOR MINERAL DEVELOPMENT APPROVED Mayor Trevino opened the public hearing. Richard Torres, Assistant City Manager gave a PowerPoint presentation of the item. The staff approach to allowing gas development on public property is to conduct public hearings on just a few parcels at a time rather than all parcels at the same time. The selection of the parks to start with and the subsequent phasing has been largely determined by the interest we have received from local gas development companies. As such, the third of a series of park land mineral leasing considerations is now being given to Green Valley Park and Cross Timbers Park and are the only two parks for mineral lease consideration at this meeting. Both park properties are located in the northern portions of the City. Mineral leasing only is being considered for Green Valley and Cross Timbers Parks. Gas drilling will not be allowed. 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. MAYOR PRO TEM LEWIS MOVED TO APPROVE GN 2006-068 AND THAT THE CITY COUNCIL HAS FOUND AS REQUIRED BY SECTION 26.01, TEXAS PARKS AND WILDLIFE CODE, THAT THE PROPOSED MINERAL DEVELOPMENT ENVISIONED BY THE PROPOSED LEASE OF THE PARKS PROPERTY KNOWN AS GREEN VALLEY PARK AND CROSS TIMBERS PARK FOR MINERAL DEVELOPMENT THAT (1) THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OF SUCH LAND FOR MINERAL DEVELOPMENT; (2) THE PROGRAM OR PROJECT FOR MINERAL DEVELOPMENT OF PARKS INCLUDES ALL REASONABLE PLANNING TO MINIMIZE HARM TO THE LAND, AS A PARK, RESULTING FROM ITS USE FOR MINERAL DEVELOPMENT. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.4 PU 2006-053 AWARD BID FOR MINERAL LEASE OF GREEN VALLEY PARK AND CROSS TIMBERS PARK - RESOLUTION NO. 2006-067 (THIS ITEM IS NOT A PUBLIC HEARING BUT IS RELATED TO ITEM C.3). APPROVED City Council Minutes August14,2006 Page 8 Richard Torres, Assistant City Manager gave a summary of the item. In the fall of 2005, the City of North Richland Hills hired a Mineral Assets Manager with J.P. Morgan Chase Bank N.A. to market and solicit bids for mineral leases on various City properties. In June 2006, the City advertised, for three consecutive weeks, a mineral lease bid for Green Valley Park (30.622 acres) and Cross Timbers Park (106.1154 acres). The terms included a minimum signing bonus of $3,000 per mineral acre and a 25% royalty on all natural gas produced. The signing bonus is to be paid up front upon execution of the mineral lease documents. Both lease terms are for three years and include other provisions to protect the City's interests. Within this three year period, if no royalty payments have been received by the City, the lease will cease and then the City will have the opportunity to re-lease the property. The leases are for minerals only and no surface drilling will be allowed on these City properties. The City only received one bidder which was The Harding Company. The Harding Company is the drilling company that recently drilled the first well in North Richland Hills. The Harding Company has submitted a bid of $3,000 an acre for both parks. They have also offered a 26% royalty on the minerals that may be developed off the two sites. MAYOR PRO TEM LEWIS MOVED TO APPROVE RESOLUTION No. 2006-067. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT D.1 PW 2006-026 APPROVE ABANDONING AND CLOSING A PORTION OF SMITHFIELD ROAD BETWEEN BURSEY ROAD AND OAK KNOLL DRIVE - ORDINANCE NO. 2894 APPROVED Mike Curtis, Director of Public Works presented the item. The City participated in a street improvement project to reconstruct a section of Smithfield Road. A portion of this project included improving Smithfield Road, between Bursey Road and Oak Knoll Drive, from a two-lane asphalt street to a four-lane concrete street with curb and gutter. This project also involved the realignment of the street centerline to the alignment identified in the Master Thoroughfare Plan. The old asphalt pavement section from the previous alignment of Smithfield Road was left in place to serve the residents of the Fair Oaks subdivision. A new residential development which is bound between the old asphalt City Council Minutes August 14, 2006 Page 9 pavement section of Smithfield Road, the new concrete section of Smithfield Road and Bursey Road. This new development proposes to extend the existing streets that serve the Fair Oaks subdivision (Silverleaf Drive and Shadow Wood Drive) to the newly aligned concrete section of Smithfield Road. After Silverleaf Drive and Shadow Wood Drive are extended, the old asphalt section of Smithfield Road would no longer be needed as public right-of-way. In order to proceed with this new residential development, the street rights-of-way from the old asphalt pavement section of Smithfield Road, between Bursey Road and Oak Knoll Drive needs to be officially closed and abandoned. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2894. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.2 FP 2006-02 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO APPROVE A FINAL PLAT OF LOTS 1-7, BLOCK 12, LOTS 1-12, BLOCK 13 AND LOTS 1-4, BLOCK 14, FOREST GLENN WEST PHASE IV (LOCATED IN THE 8000 BLOCK OF SMITHFIELD RD. - 7.487 ACRES). APPROVED Mark Long, 1615 Precinct Line Road, Engineer representing the developer came forward. He presented the item and was available to answer questions from the Council. Eric Wilhite, Chief Planner, summarized the item. The applicant, J & J NRH 100 FLP, is requesting approval of the final plat of Forest Glenn West Phase IV Addition. A total of 23 residential lots are proposed for the 7.487 acre site. The site is zoned "R-2" Residential. Minimum lot sizes are 9,000 square feet with a minimum house size of 2,000 square feet. The applicant is requesting some slight variances due to tight lot configurations that occur because of the curve in Smithfield Road (Lot 6, Block 13, Lot 5, Block 13 and Lot 3, Block 14). The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended approval of FP 2006-02 by a vote of 6-0. COUNCILWOMAN COMPTON MOVED TO APPROVE FP 2006-02. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes August14,2006 Page 10 D.3 AP 2006-02 CONSIDERATION OF A REQUEST FROM ALAMO CUSTOM BUILDERS, INC. TO APPROVE AN AMENDED PLAT OF LOTS 8-9, BLOCK 2, NORTHRIDGE MEADOWS PHASE II ADDITION (LOCATED IN THE 7000 BLOCK OF RIDGE LINE DR. - 0.496 ACRES).). APPROVED David Pokluda, 6341 Skylark Circle, with Alamo Custom Builders came forward. He presented the item and was available to answer questions from the Council. Eric Wilhite, Chief Planner summarized the item. The applicant Alamo Custom Builders, represented by David Pokluda is requesting an amended plat to the final plat that was approved July 12, 2004. The applicant believes that the 30 feet platted front setback creates a lot which is difficult to build on. It is typical for lots located on cul-de- sacs to have a greater front building setback line than lots which are located along straight streets due to the curve creating a narrow lot at the lot line. Since the measurement of lot width is taken at the front building line and not the property line, the front setback is typically greater. In this particular situation in order to reach the proper lot width, the front setback ended up at 30 feet. The applicant is requesting a variance from the 30 feet front building line to 20 feet. Staff believes a residential structure could be built on the lot as platted, but at the same time understands that some additional difficulty is created by the 7.5 feet UE along the rear of the two lots, that may not typically occur in similarly configured lots. The Planning & Zoning Commission met on Thursday, July 20,2006 and recommended approval of AP 2006-02 by a vote of 6-0. COUNCILMAN SAPP MOVED TO APPROVE AP 2006-02. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D.4 AP 2006-03 CONSIDERATION OF A REQUEST FROM MARK WOOD TO APPROVE AN AMENDED PLAT OF GRAHAM RANCH - PHASE TWO (LOCATED EAST OF RUFE SNOW AND NORTH OF CHAPMAN ROAD). APPROVED Mark Howell, 6617 Precinct Line Road, Suite 200 came forward and stated he was available to answer questions from the Council. Eric Wilhite, Chief Planner, summarized the item. The final plat for this 22 acre residential development was approved by the City and subsequently filed with Tarrant City Council Minutes August14,2006 Page 11 County. It was later discovered that the plat exhibits that were filed by the Developer contained omissions and were thereby inconsistent with the final plat which received approval by the City Council. As such, the plat filed by the Developer was deemed by the City Attorney to be invalid. The lot layout of the development and number of lots is unchanged from what has been already approved. This amended plat will correct the omissions. The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended approval of AP 2006-03 by a vote of 6-0. COUNCILMAN WELCH MOVED TO APPROVE AP 2006-03. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.5 SP 2006-08 CONSIDERATION OF A REQUEST FROM DAVID FARHAT, ROCKFORD CONSTRUCTION, TO APPROVE A SITE PLAN FOR A FAMILY VIDEO STORE, CRESTWOOD ESTATES, LOT 10, BLOCK 6 (LOCATED IN THE 7500 BLOCK OF DAVIS BLVD. - .9875 ACRES).. APPROVED David Farhat, 3116 W. 5th Street, Fort Worth, came forward and stated he was available to answer questions from the Council. Eric Wilhite, Chief Planner, summarized the item. The applicant, David Farhat of Rockford Construction on behalf of Family Video is requesting site plan approval for development of a 7,200 square foot retail/commercial development. The site is currently vacant, it is 7,200 square foot, single story building oriented towards Davis Boulevard. The majority of the square footage will be utilized by Family Video, with a small portion for lease to another tenant. The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended 6-0 to approve SP 2006-08 with the following suggested amendments: 1) remove the 6 parallel parking spaces on the south edge of the parking area so that the landscape buffer will include that area, thus saving the mature trees, 2) a masonry trash enclosure be included on the site plan, 3) obtain cross access approval from the owner of the property, and 4) indicate sidewalk along Davis Boulevard as 5' wide. COUNCILMAN WELCH MOVED TO APPROVE SP 2006-08 WITH THE RECOMMENDATIONS PROVIDED BY P&Z AND WITH THE ADDITION OF MOVING THE DUMPSTER ADJACENT TO THE BUILDING AS SHOWN BY APPLICANT (FROM THE INTERSECTION OF DAVIS BLVD. TO THE SOUTHWEST CORNER OF THE BUILDING) WITH MASONRY CONTENT SCREENING. COUNCILMAN TURNAGE SECONDED THE MOTION. City Council Minutes August14,2006 Page 12 MOTION TO APPROVE CARRIED 7-0. D.6 SP 2006-06 CONSIDERATION OF A REQUEST FROM DUFFY HAMILTON THOMAS, LLP TO APPROVE A SITE PLAN FOR AN ii-LOT OFFICE PARK, PAVILION PARK ADDITION, LOTS 1-11, BLOCK 1 (LOCATED IN THE 8300 BLOCK OF MID CITIES BLVD. - 5.4 ACRES). APPROVED Keith Hamilton, 601 Harwood Road came forward and stated he was available to answer questions from the Council. Eric Wilhite, Chief Planner, summarized the item. The applicant, Clifford Land Company LLP is proposing to subdivide a 5.38 acre tract into an 11 lot garden office subdivision for the development of an 11 lot professional office park. The individual office buildings will meet all the architectural design standards required by the zoning ordinance and are proposed to be brick and cast stone. There will be an access drive off of Mid Cities Boulevard. Each lot will have its own parking requirement, but the drives will be shared. The landscaping plan meets all requirements. The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended 6-0 to approve SP 2006-06 with the approval of ordinance change and the dumpster location changes. COUNCILMAN WHITSON MOVED TO APPROVE SP 2006-06 WITH REVIEW FROM STAFF WHEN THE DECISION IS MADE ON WHETHER OR NOT DUMPTERS WILL BE USED BEFORE FINAL APPROVAL BE MADE AND BUILDING PERMITS ISSUED. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D.7 FP 2006-06 CONSIDERATION OF A REQUEST FROM CLIFFORD LAND COMPANY LLP TO APPROVE A FINAL PLAT OF LOTS 1-11, BLOCK 1, PAVILION PARK ADDITION (LOCATED IN THE 8300 BLOCK OF MID CITIES BLVD.). APPROVED Keith Hamilton, 601 Harwood Road came forward and stated he was available to answer questions from the Council. City Council Minutes August 14,2006 Page 13 Eric Wilhite, Chief Planner, summarized the item. This is the final plat to the previous item. Again the applicant, Clifford Land Company LLP is proposing to subdivide a 5.38 acre tract into 11 lots for the development of a garden office park. The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended approval of FP 2006-06 by a vote of 6-0. COUNCILMAN TURNAGE MOVED TO APPROVE FP 2006-06. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D.8 GN 2006-069 ORDINANCE ABANDONING AND CLOSING A PORTION OF CARDINAL LANE AND AUTHORIZING AN AGREEMENT FOR STREET RIGHT OF WAY AND SIDEWALK EASEMENT AND THE CONVEYANCE OF A PART OF SUCH ABANDONED RIGHT OF WAY TO AN ADJACENT OWNER - ORDINANCE NO. 2896 APPROVED John Pitstick, Director of Planning and Development, summarized the item. As a result of the widening and improvements to Simmons Road and the Final Plat for Lot 1, Block 1, NRH Library Addition a portion of Cardinal Road is needed to be abandoned. The north portion of the old road is being deeded to Green Scaping to be used as a drive way in exchange for needed right of way for the widening of Simmons Road and a sidewalk easement from the Green Scaping property. This Ordinance closes this portion of Cardinal and authorizes the City Manager to enter into an agreement to exchange property that will allow for the completion of Simmons Road and formal platting of the Library lot. We would also like to make one change to Ordinance 2896 in Section 1. It states that the portion of Cardinal Lane described on Exhibit A is hereto abandoned and closed. We would like to add an effective date of December 1, 2006. COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-069 AND ORDINANCE No. 2896 WITH THE ADDITION TO SECTION 1 FOR AN EFFECTIVE DATE OF DECEMBER 1,2006. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes August 14, 2006 Page 14 D.9 FP 2006-09 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, NRH LIBRARY ADDITION, (LOCATED IN THE 9000 BLOCK OF GRAND AVENUE - 5.4039 ACRES). APPROVED John Pitstick, Director of Planning and Development, summarized the item. This is the final plat for the main library for the City of North Richland Hills. This plat also includes the abandonment of the old Cardinal Lane and dedication of the extension of Simmons Drive to intersect with Grand Avenue. A small extension of Grand Avenue is also being dedicated to the northeast which will provide access to HealthMarkets property. The City of North Richland Hills will be making substantial onsite and offsite public improvements for the development of the new Library including improvements to Simmons and Grand Avenue. The Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended approval of FP 2006-09 by a vote of 6-0. COUNCILMAN BARTH MOVED TO APPROVE FP 2006-09. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC WORKS E.1 PW 2006-028 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR THE UNIDIRECTIONAL FLUSHING PROGRAM APPROVED Mike Curtis, Director of Public Works, summarized the item. This project is identified in the 2005-2006 Capital Projects Budget as the Unidirectional Flushing Program. A Unidirectional Flushing (UDF) Program is a program aimed to create a proactive system with a structured methodology for flushing City water mains, which would result in a higher level of water quality and less wasted water. The program consists of flushing particular pipe sections in a sequential manner starting from the source of the system out to the outer boundary limits of the system. The flushing will be done by isolating a pipe section by closing the appropriate valves and pushing the water in one direction through the system at a high velocity and out an open fire hydrant. Because of the newness and uniqueness of UDF programs in this area, there are not a lot of engineering firms experienced in developing this type of program. City staff contacted City Council Minutes August14,2006 Page 15 almost 50 engineering firms and found two that expressed an interest. After reviewing the qualifications from both firms it was determined that Freese and Nichols, Inc. was one of the industry leaders in this field. COUNCILMAN WHITSON MOVED TO APPROVE PW 2006-028. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 GN 2006-070 APPOINT MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Richard Abernethy, Assistant to the City Manager, summarized the item. The Youth Advisory Committee (Y AC) By-Laws specify that 10 members are to be appointed for a two-year term and 6 members are be appointed for a one-year term for a total of 16 members. Currently there are two candidates the Youth Advisory Committee is recommending to be appointed to the committee. There is also one committee member whose term has expired. The Youth Advisory Committee recommends appointing the following new members: · Dyar Bentz, Richland High School, 1 year-term · Josh Pherigo, Richland High School, 1 year-term The Youth Advisory Committee is also recommending the following re-appointment: · Sarah Shive, Birdville High School, 1 year-term. These appointments are in accordance with the Youth Advisory Committee By-Laws. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2006-070. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes August 14, 2006 Page 16 F.2 GN 2006-071 SETTING DATE FOR PUBLIC HEARINGS FOR 2006-2007 CITY BUDGET, PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION AND CRIME CONTROL AND PREVENTION DISTRICT BUDGETS APPROVED Drew Corn, Budget Director, presented the item. It is necessary for City Council to set public hearings on the proposed 2006-2007 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District budgets. A published notice will be required for each public hearing as per the City Charter and State law. Each hearing is set for August 28, 2006 beginning at 6:15 p.m. for the Park and Recreation Facilities Development Corporation, 6:30 p.m. for the Crime Control and Prevention District, and 7:00 p.m. for the City Budget. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2006-071. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2006-072 SETTING DATES FOR PUBLIC HEARINGS ON PROPOSED TAX RATE AND RECORD VOTE ON PLACING THE TAX RATE ADOPTION ON THE AGENDA OF THE SEPTEMBER 11, 2006 COUNCIL MEETING. APPROVED Drew Corn, Budget Director presented the item. In follow up to the 2006-2007 Budget Work Session, it is necessary to begin the notice and public hearing procedures to establish a tax rate for the next fiscal year in accordance with the City Charter and State law. At the Work Session, Council consensus was to set the tax rate at 57¢, which is the same tax rate as the current year. If approved, this will be the 14th consecutive year the tax rate has been 57¢. Per Senate Bill 567 of the 79th Texas Legislative Session, if a municipality imposes a tax rate that exceeds the effective tax rate, the municipality is required to have a record vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. The effective tax rate is 56.7969¢ which is lower than the proposed tax rate of 57¢. As a reminder, the effective tax rate is the rate that would be applied to the July 2006 property tax values that would provide the same amount of revenue as the current tax year. City Council Minutes August 14,2006 Page 17 State law further requires that a municipality hold two public hearings if the proposed tax rate exceeds the effective tax rate. The first tax rate public hearing is proposed to be held at a Special Council Meeting on August 24, 2006 with the second public hearing proposed for August 28, 2006, a regularly scheduled Council Meeting. State law requires that a tax rate be adopted no sooner than 3 days after the second public hearing and no later than 14 days after the second public hearing. It is proposed that the tax rate be adopted at the September 11, 2006 Council meeting. COUNCILMAN WELCH MOVED TO APPROVE GN 2006-072. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 INFORMATION AND REPORTS - COUNCILMAN BARTH Councilman Barth made the following announcements. The City of North Richland Hills is proud to display its first ever Artists at Work employee art exhibit from August 15tlí through August 23rd in the Recreation Center Assembly Room. For more details, please call 817-427-6614. As area schools resume, all motorists share the responsibility of making sure students arrive safely. The City of North Richland Hills reminds drivers to slow down in neighborhoods where children are walking and waiting for the school bus. Drivers should also obey school zone speed limits, follow the directions of school crossing guards, and stop for school buses. Students in grades 4 to 12 and those in college introduction level classes can visit the North Richland Hills Library in person or via the internet to get immediate, free help from qualified tutors in math, science, social studies and English. Just log on to www.library.nrhtx.com and click on the Live Homework Help link. Live Homework Help is available 7 days a week from 3 p.m. to 10 p.m. Kudos Korner - Mary Beth Roberts, Neighborhood Services Department Humane Division, a NRH resident sent an e-mail thanking Mary Beth for the great job she did in finding the owners of a lost dog. The resident said Mary Beth was very dedicated and took time to listen to their concerns. The resident also expressed thanks by making a donation to the Animal Adoption & Rescue Center. City Council Minutes August 14,2006 Page 18 F.5 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:56 p.m. ATTEST: Ç?dóUva~ --- Patricia Hutson - City Secretary &''Q\\\\\\\\\\\\UIIIUIUIl ~~)"'$ \ J l A 1/1/1110 ..,,,, (' n A/ "f¿, lP':,~)~.!.......:.....!.~~.;Ý , -....:z-.. "~ '/1/-.../ ~ \, ',' cd ' , \f"" : (-,: r .(j') ) :¿~\ h f..., :, \';\ /....,." ,) ....,. ....."-4. T ~f/ ....--....... S ....../;) '* ir"'