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Home My WebLink AboutCC 2007-02-12 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 - FEBRUARY 12, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 1 ih day of February, 2007 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Patricia Hutson Monica Solko George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Vickie Lottice JoAnn Stout Chris Swartz Bill Thornton Eric Wilhite Debbie York 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 City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Director of Parks & Recreation Director of Neighborhood Services NRH20 Manager Assistant Director Parks & Recreation Chief Planner Environmental Resource Coordinator Mayor Trevino called the work session to order at 6:00 p.m. Mayor Trevino recognized Ms. Sally Proffitt from Tarrant County College Northeast and students from her Business Leadership Course. City Council Minutes February 12, 2007 Page 2 A.1 Discuss Items from Reqular City Council Meetinq No items discussed. A.2 IR 2007-018 Discussion of Shade Structures and Cabanas at NRH20 (Consent Aqenda Item B-6) Mr. Chris Swartz, NRH20 Manager, presented a PowerPoint presentation describing the proposed shade structures and cabanas and the location of the structures. In response to a question from Council, Mr. Swartz discussed the life expectancy of the surface material. A.3 IR 2007-011 Neiqhborhood Initiative Proqram Presentation Ms. Debbie York, Environmental Resource Coordinator, presented a PowerPoint presentation highlighting the Neighborhood Initiative Program. The program, created in fiscal year 2003/04, provides assistance with basic property maintenance for the elderly, low income, mentally or physically disabled and single parents. Ms. York reviewed the principles the program is based on and the funding for the program. The program receives $5,000 annually from the general fund, a one time $90,000 allotment over the next two years to be used for minor interior repairs, and donations from businesses. Volunteers provide labor for the program. Since the program began, volunteers have completed 159 projects. There were no questions from the Council. AA IR 2007-012 Public Works Desiqn Manual- Proposed Chanqes Mr. Mike Curtis, Public Works Director, presented a PowerPoint presentation detailing the new criteria changes to the Public Works Design manual and the justification for the changes. Council was provided at the January 8, 2007 work session an overview of the proposed changes and a draft copy of the design manual. The following criteria changes were reviewed in detail and justification for each was discussed with Council: · Concrete thickness for Residential Streets changed from 5" to 6" thick · Require curbs to be cut horizontally 1" above gutter line on existing streets · Increase the amount of lime required in the subgrade · Minimum street grades changed from .5% to .65% · Minimum lot grades changes from 1 % to 1.5% Maximum lot grades from 33% to 25 · Corrugated metal pipe no longer allowed for culvert pipe · Include different options for Curb Ramp Details · Lengthened Detector Valve Vault to allow for required fittings City Council Minutes February 12, 2007 Page 3 · Blow-Off Hydrant detail was revised · Corp of Engineers no longer allows existing channels to be fully concrete lined · Removed concrete lined channel requirements from manual . Expanded Earthen channel requirements · Include State Storm Water Pollution Prevention Plan Requirements Councilman Sapp inquired if the new criteria would be applied to Thornbridge East. Mr. Curtis advised that the changes would go into effect as soon as Council approves the Design Manual. However, the date of preliminary plat approvals will determine which subdivisions the new criteria can be applied to. B.1 EXECUTIVE SESSION - Deliberate the Lease of Municipal Real Property for Mineral Development Pursuant to Section 551.072 of the Texas Government Code. Mayor Trevino announced at 6:39 pm that the Council would adjourn into Executive Session as authorized by Chapter 551, Section 551.072 Texas Government Code to deliberate the lease of municipal real property for mineral development. C.O Adjournment Mayor Trevino announced at 7:00 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 February 12, 2007 at 7:08 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Mayor Mayor Pro Tem, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 City Council Minutes February 12, 2007 Page 4 Scott Turnage Tim Welch 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 A.1 INVOCATION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) None. A.4 CITIZENS PRESENTATION Mayor Trevino recognized students from Business Leadership Course at Tarrant County College NE Campus and their instructor, Ms. Sally Proffitt. Mrs. Laverne O'Steen, 8429 Emerald Circle, appeared before the Council and presented an article dated February 2, 2007 from the Dallas Morning News and a picture of a crumbling wall that she had previously presented during Council meetings in 2006. Mrs. O'Steen also presented a picture before cosmetic repairs were done and a picture after cosmetic repairs were done and commented that the repairs do not fix the failing retaining walls. Mayor Trevino asked Assistant City Manager Bass if the cosmetic repairs took care of the safety concerns raised by Mrs. O'Steen in the past regarding the bricks falling in and someone getting hurt in the holes. City Council Minutes February 12, 2007 Page 5 Mr. Bass advised that these are private issues that the City Attorney has numerously and previously pointed out that the City has no authority to act. Mr. Bass advised that it was the City's visual opinion that it was not a safety concern, but a cosmetic issue. It is the Homeowners Association's ownership and responsibility and they have been directed to make the repairs. The pictures presented tonight by Mrs. O'Steen show that the repairs have been made by the Homeowners Association. Miss Haley Whatley spoke on behalf of ten individuals present in the audience. Ms. Whatley introduced Bunny Ambassadors from area schools and presented the Council with a memento from the ¡th annual bunny drive. This year the drive also includes bears and as in previous years benefits Cook-Fort Worth Children's Medical Center. Miss. Haley thanked the Mayor and Council for their continued support of her bunny drive and advised collection boxes have been set up throughout the City. Donations for new, stuffed bunnies or bears are being collected through March 7. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY 22,2007 CITY COUNCIL MEETING B.2 AP 2006-04 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS TO APPROVE AN AMENDED PLAT OF LOT 2-R, BLOCK 37, HOLIDAY NORTH, SECTION 11 (LOCATED IN THE 5900 BLOCK OF HOLIDAY LANE - 2.4 ACRES). B.3 FP 2006-15 CONSIDERATION OF A REQUEST FROM PRECINCT LINE 1 PARTNERSHIP TO APPROVE A FINAL PLAT OF LOT 7, BLOCK 1, DAVIS - NORTH TARRANT PKWY ADD. (LOCATED IN THE 9200 BLOCK OF N. TARRANT PKWY. -1.446 ACRES). B.4 FP 2006-16 CONSIDERATION OF A REQUEST FROM LA VERNE BUTTERFIELD, L.P. TO APPROVE A FINAL PLAT OF LOT 1, BLOCK M, City Council Minutes February 12, 2007 Page 6 CALLOWAY FARM ADDITION (LOCATED IN THE 4300 BLOCK OF CAGLE ST. [PRIVATE] - 5.3 ACRES). B.5 RP 2006-13 CONSIDERATION OF A REQUEST FROM RICK MADDUX & RICK FIGUEROA TO APPROVE A REPLAT OF LOT 2, BLOCK 1, NOB HILL CENTRE TO LOTS 2R1 & 2R2, BLOCK 1, NOB HILL CENTRE (LOCATED IN THE 6600 BLOCK OF PRECINCT LINE RD. - 0.7353 ACRES). B.6 GN 2007-013 AWARD OF BID TO USA SHADE & FABRIC STRUCTURES INC. IN THE AMOUNT OF $64,441.00 FOR THE INSTALLATION OF SHADE STRUCTURES AT NRH20 FAMILY WATER PARK - RESOLUTION NO. 2007- 009 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 ZC 2006-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CLIFFORD LAND COMPANY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "RI-PD" RESIDENTIAL INFILL - PLANNED DEVELOPMENT TO BE KNOWN AS BRIAR POINTE VILLAS (LOCATED IN THE 8200 BLOCK OF MAIN ST. -1.66 ACRES). ORDINANCE NO. 2919 APPROVED Mayor Trevino opened the Public Hearing. Mr. Cliff Harris, 7952 Davis Boulevard, representing applicant, presented the request. Applicant is requesting a zoning change from AG Agricultural to RI-PD Residential Infill - Planned Development on a 1.66 acre site located at 8209 Main Street. Request includes a site plan and a narrative outlining the development. The applicant reviewed the development and housing amenities with the Council and responded to questions. Mr. Eric Wilhite, Chief Planner, summarized the request and presented the recommendations of the Planning and Zoning Commission and Staff. City Council Minutes February 12, 2007 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. COUNCILMAN SAPP MOVED TO APPROVE ZC 2006-09, ORDINANCE No. 2919. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.2 ZC 2006-21 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DEAN BAILEY OF RHP REAL ESTATE TO APPROVE A ZONING CHANGE FROM "0-1" OFFICE & "C-2" COMMERCIAL TO "HC" HEAVY COMMERCIAL (LOCATED IN THE 8500 BLOCK OF DAVIS BLVD. -1.77 ACRES). ORDINANCE NO. 2920 PUBLIC HEARING CONTINUED TO MARCH 19. 2007 Mayor Trevino opened the Public Hearing. Mr. Ottis Lee, Civil Works Engineering, 1992 Bowing Ranch Road, Azle, representing RHP Real Estate advised the request is a 1.77 acre tract along Davis Boulevard and is a portion of five acres in total that is owned by RHP Real Estate. The five acres is currently zoned C-2 and 0-1. The request for consideration is the center section consisting of 1.77 acres of which a little less than half is zoned C-2 and the remaining portion is zoned 0-1. Originally the request was submitted as a potential for Planned Development with several uses being struck. After reviewing with City Staff and determining that the uses being struck were SUPs in the HC zoning district, staff recommended the request be submitted as an HC with the understanding that any of the SUP uses would require a public hearing later on. The Planning and Zoning Commission voted to approve the request 4-2 on January 18. At the Planning & Zoning meeting several citizens expressed concerns with some of the potential uses in the HC zoning. Consequently, an option was discussed with staff to maintain the HC zoning with a Planned Development and uses being struck. This would eliminate the allowance for an SUP in the future for some of the uses. The applicant negotiated with the adjacent property owners and the result was a list of 56 total uses to be struck with 13 being permitted uses and 43 SUP uses. After Staff's discussion with the City's Attorney, they have been advised that the PD with HC zoning and uses struck wïll necessitate the site plan approval process. Applicant has three options 1) to continue on with the request for straight HZ zoning as recommended by the Planning and Zoning Commission; 2) to request Council to change to a PD with uses removed and request a waiver to the site plan; or 3) to ask Council to table the request until the applicant can City Council Minutes February 12, 2007 Page 8 negotiate with the adjacent property owners. Mr. Lee advised they would like to move forward with the uses being removed, but if that cannot be allowed they would request that their request be tabled to allow them to continue to negotiate with the adjacent property owners. Councilman Welch moved to continue the public hearing to the March 19 Council meeting. Councilman Barth seconded the motion. MOTION TO CONTINUE CARRIED 7 -0. PUBLIC HEARINGS C.3 SUP 2006-04 PUBLIC HEARING AND AND CONSIDERATION OF AN APPEAL OF DENIAL OF THE SUP BY THE PLANNING AND ZONING COMMISSION OF A REQUEST FROM MAYS & COMPANY REAL ESTATE DEVELOPMENT TO APPROVE A SPECIAL USE PERMIT FOR A FIRESTONE TIRE STORE (LOCATED IN THE 9000 BLOCK OF N. TARRANT PKWY. - 1.249 ACRES). ORDINANCE NO. 2922 DENIED Mayor Trevino advised that he was combining SUP 2006-04 (Agenda Item C.3) and PZ 2000-38 R6 (Agenda Item CA). Mayor Trevino opened the public hearings for SUP 2006-04 and PZ 2000-38 R6. SUP 2006-04 is to consider the appeal of denial by the Planning and Zoning Commission on January 18, 2007 for a special use permit for a Firestone Tire Store to be located on approximately 1.24 acres in the 9000 block of North Tarrant Parkway. PZ 2000-38 R6 is to consider the appeal of denial by the Planning & Zoning Commission for an amendment to Planned Development - 36 (PD-36). Mr. Bill Dahlstrom, representing the applicant, presented the two requests. Mr. Dahlstrom reviewed the elevations and the site design features and was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, summarized the two requests and advised of the recommendations of the Planning & Zoning Commission and staff. The Planning & Zoning Commission recommended denial of SUP 2006-04 by a vote of 5-1 and denial of PZ 2006-38 R6 by a vote of 5-1. Staff is recommending the Council uphold the recommendations of the Planning & Zoning Commission. Mayor Trevino called for anyone wishing to speak in favor of the requests. City Council Minutes February 12, 2007 Page 9 Mr. James Mason, Mays & Company, 5949 Sherry Lane, Dallas, spoke in favor of the requests and addressed the market study conducted on the property. Mr. Steve Meier, Mays & Company, 5949 Sherry Lane, Dallas spoke in favor of the request. Councilman Whitson left the meeting at 8:05 p.m. Mayor Trevino called for anyone wishing to speak in opposition. There being no one else wishing to speak, Mayor Trevino closed the Public Hearing. There being no further discussion, Mayor Trevino called for a motion on SUP 2006-04. MAYOR PRO TEM LEWIS MOVED TO UPHOLD THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION AND DENY APPROVAL OF SUP 2006-04. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO DENY CARRIED 6-0. Councilman Whitson returned to the meeting at 8:06 p.m. COUNCILWOMAN COMPTON MOVED TO UPHOLD THE RECOMMENDATION OF THE PLANNING & ZONING COMMISSION AND DENY PZ 3000-38 R6. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO DENY CARRIED 7 -0. PUBLIC HEARINGS C.4 PZ 2000-38 R6 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL OF DENIAL BY THE PLANNING AND ZONING COMMISSION OF A REQUEST FROM MAYS & COMPANY REAL ESTATE DEVELOPMENT TO APPROVE AN AMENDMENT TO PLANNED DEVELOPMENT - 36 (PD-36) (LOCATED IN THE 9000 BLOCK OF N. TARRANT PKWY. - 1.249 ACRES). ORDINANCE NO. 2921 DENIED The Public Hearing was held and considered in conjunction with SUP 2006-04 (Agenda Item C.3) D.O PLANNING & DEVELOPMENT City Council Minutes February 12, 2007 Page 10 There were no items for this category. E.O PUBLIC WORKS There were no items for this category. F.O GENERAL ITEMS F.1 GN 2007-010 CALLING MAY 12, 2007 CITY COUNCIL ELECTION AND AUTHORIZING A JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY - RESOLUTION NO. 2007-006 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. The Resolution orders the City's General Election for May 12, 2007 for the election of Council Places 1, 3, 5 and 7, establishes voting locations, provides for the appointment of election officials, provides for early voting and election day procedures and authorizes the City Secretary to execute a contract with Tarrant County for election services. Tarrant County has requested those governing bodies holding a May election to enter into a joint election agreement and contract with the County for election services. The election will be held jointly with other Tarrant County cities and schools with Tarrant County administering the election. COUNCILMAN WELCH MOVED TO APPROVE GN 2007-010, RESOLUTION No. 2007-06. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2007-011 AWARD BID FOR NO-DRILLING MINERAL LEASE AT THE MUNICIPAL COMPLEX - RESOLUTION NO.2007-007 APPROVED Mr. Richard Torres, Assistant City Manager presented the item. The proposed resolution awards a bid for mineral lease with no drilling to Chesapeake Energy Corporation at the North Richland Hills Municipal Complex located at Mid Cities City Council Minutes February 12, 2007 Page 11 Boulevard and Iron Horse Boulevard and authorizes the City Manger to execute the lease. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION No. 2007-07, GN 2007-011. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2007-014 CONSIDER APPROVAL OF SUPPORTING RESTORING FUNDING FOR THE TEXAS RECREATION AND PARK ACCOUNT AND THE STATE PARK SYSTEM - RESOLUTION NO. 2007-010 APPROVED Ms. Vickie Loftice, Parks and Recreation Director, presented the item. The proposed resolution requests members of the 80th Legislature support restoring the funding for the Texas Recreation and Parks (TRPA) Account to at least the level the grant program was prior to the 78th Legislative Session. The TRPA Account is a grant program for parkland acquisition and development of recreational facilities administered by the Texas Parks and Wildlife Department. During the last two legislative sessions, the annual funding has decreased. In addition, appropriations for the maintenance and operation of the State Parks and historical sites in Texas have been reduced resulting in park closures, reduced hours and days of operation and staff layoffs. The proposed resolution also requests the legislature to support funding for the State Park System. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2007-014, RESOLUTION No. 2007-010. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. F.5 INFORMATION AND REPORTS Councilman Barth made the following announcements. City Council Minutes February 12, 2007 Page 12 The City of North Richland Hills invites local businesses to compete and have fun in the new Companies in Action program presented by HealthMarkets. The first Companies in Action event will be a dodge ball tournament on February 17 at the NRH Recreation Center. For registration information, please contact the Parks & Recreation Department at 817-427-6600. The North Richland Hills Public Library is having a "Why I Love My Library" contest. Entry forms are available at the Library and on the library's web site. The entry deadline is February 28. Winners will receive Barnes and Noble Gift Certificates. The AARP Tax Assistance Program will be helping seniors 55 years and older to complete their tax forms during February. Seniors needing tax assistance can call the Dan Echols Senior Center at 817-281-9267 to schedule an appointment. Kudos Korner - Chris Neal and David Hague, Public Works Department. A resident called to say she was very pleased with the manner in which these employees fixed a wastewater problem in her neighborhood. She said they were amazing in explaining the problem, where it was located and resolving the issue. She wanted everyone to know they were very courteous and professional. F.6 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:21 p. . ATTEST: '~iCíâ Hùf . Ï':r:Çity Secretary Æ' Q;;/n .....,;. 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