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HomeMy WebLinkAboutCC 2007-06-11 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 11,2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11 th day of June, 2007 at 6: 15 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Tim Welch Staff Members: Larry J. Cunningham Jim Starr Karen Bostic Patricia Hutson George Staples Mary Edwards Elizabeth Reining John Pitstick Larry Koonce Mike Curtis Steve Brown Eric Wilhite Kirk Marcum Greg VanNeiuwenhuize Jamie Brockway Absent: Scott Turnage Ogden Bo Bass Call to Order Mayor Mayor Pro Tem, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Interim Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Public Works Director Library Director Chief Planner Assistant Fire Chief Assistant Public Works Director Purchasing Manager Council, Place 6 Assistant City Manager Mayor Trevino called the work session to order at 6:15 p.m. Mayor Trevino recognized Brandon LePla, recipient of the "Mayor for a Day" donated by the City and purchased at a fund raiser held by the Northeast Tarrant Chamber. City Council Minutes June 11, 2007 Page 2 A.1 Discuss Items from Reoular City Council Meetino There were no items discussed. A.2 I R 2007-064 Review of Proposed Chanoes to Gas Well Drillinq & Production Ordinance Mr. John Pitstick, Director of Planning, presented a PowerPoint presentation highlighting proposed changes to the Gas Drilling Ordinance. Greg VanNeiuwenhuize, Assistant Public Works Director, and Kirk Marcum, Assistant Fire Chief, assisted in the presentation. Council was advised that significant changes in terminology and technology have necessitated changes to the Gas Well Drilling & Production Ordinance. Council was given a brief explanation of the three phases of gas drilling and Staff discussed proposed changes and clarifications to the ordinance which included: · reformatting the ordinance into five articles · new definitions · emphasis on the gas inspector · changes in well setbacks · allowing gas drilling in floodway under Flood and Stormwater Management Code with Public Works approval · changes to fees · only allowing Closed Loop systems · open pits not allowed other than natural or fresh water ponds · concrete private roads required once production begins · permanent masonry wall and landscaping after 90 days of completion of drilling · clarifying hours of operation · appeals - added all compressor sites to be approved by Gas Board · new section added on gas pipeline installation The Council expressed the following concerns and questions: Questioned if explosive charges were restricted by the Railroad Commission to a certain time of day and if not, staff was asked to consider time restrictions on the perforating and fracturing operation. There was concern expressed with the reduction in tank battery setback from 300 feet to 150 feet with no mitigation requirements. Staff was asked to look also at what other cities were doing. Council was advised that the proposed changes would next be submitted to the gas drilling companies for their input and the Gas Board of Appeals. After their input it will be brought back to Council for further consideration. The Council was in general City Council Minutes June 11, 2007 Page 3 agreement with the information presented and will forward any additional questions or concerns to the City Manager's office. A.3 IR 2007-071 State Leoislative Update Mayor Trevino advised because of meeting time limitations, this item will be moved to the next work session agenda for discussion. A.4 Adjournment Mayor Trevino announced at 6:49 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 June 11, 2007 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Tim Welch Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 7 Staff: Larry J. Cunningham Patricia Hutson George Staples City Manager City Secretary Attorney Absent: Scott Turnage Ogden Bo Bass Council, Place 6 Assistant City Manager -- _.__."-~.,---~~--------~._._-_.._~--_._--_.,-~--_._- City Council Minutes June 11, 2007 Page 4 A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Sapp led the pledge of allegiance. Mayor Trevino recognized Brandon LePla, recipient of "Mayor for a Day" donated by the City and purchased at a fundraiser held by the Northeast Chamber. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) IR 2007-070 Teen Court Scholarship Presentation - presented by Councilman Whitson Councilman Whitson, Debbie Durko, Municipal Court Administrator, and Mr. Steven Cooper, Teen Court Advisory Board Chair, presented the 2006/2007 Teen Court Scholarships to Adrienne Horkley and Gerard McTigue. A.4 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, expressed concerns with Block 1, Lot 40 Emerald Lakes Addition. Mr. Mark Long, 9115 Rumfield Road, advised of a noise issue caused by White Chapel Estates and Gardens located at 7601 Precinct Line Road. Mayor Trevino asked Mr. Long to contact the City Secretary's office to schedule an appointment to discuss the problem. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes June 11, 2007 Page 5 B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MAY 29,2007 CITY COUNCIL MEETING B.2 FP 2007-06 CONSIDERATION OF A REQUEST FROM MARIA SALES TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 20, BRIARWOOD ESTATES ADDITION; 6941 SMITHFIELD ROAD B.3 PU 2007-028 AWARD BID NO. 07-1379 LIBRARY READER FURNITURE FOR THE NEW LIBRARY TO JASPER LIBRARY FURNITURE IN THE AMOUNT OF $58,156.00 B.4 PU 2007-029 AWARD BID NO. 07-1387 ANNUAL CONTRACT FOR UTILITY MATERIALS TO EAGLE UNDERGROUND UTILITY, ATLAS UTILITY SUPPLY AND TECHLlNE PIPE B.5 PU 2007-030 AWARD BID NO. 07-1390 ANNUAL CONTRACT FOR TRAFFIC MATERIALS TO VULCAN INC., CENTERLINE SUPPLY AND ROADRUNNER TRAFFIC SUPPLY B.6 GN 2007-050 APPROVE AGREEMENT FOR MINERAL LEASE OF 1.879 ACRES OF THE BRADFORD SURVEY - RESOLUTION NO. 2007-036 COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. PUBLIC HEARINGS C.1 ZC 2006-23 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY CLARKE HOMES TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "RI-PD" RESIDENTIAL INFILL - PLANNED DEVELOPMENT (LOCATED IN THE 9200 BLOCK OF AMUNDSON ROAD - 4.339 ACRES) _ ORDINANCE NO. 2937 Presenter for item had not arrived and item was moved to the end of the public hearing items. City Council Minutes June 11, 2007 Page 6 C.2 ZC 2007-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CLIFFORD LAND COMPANY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL AND "1-1" INDUSTRIAL TO "RI-PD" RESIDENTIAL IN FILL- PLANNED DEVELOPMENT (LOCATED IN THE 8800 BLOCK OF MID-CITIES BOULEVARD - 7.685 ACRES) - ORDINANCE NO. 2938 APPROVED Mayor Trevino opened the Public Hearing. Mr. Cliff Harris, 7952 Davis Boulevard, applicant, presented item and was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendations of Staff and the Planning and Zoning Commission. The RI-PD for the property was originally heard and approved at the April 9, 2007 Council meeting. Council's approval included the addition of three items to the ordinance: 1) 6 foot wood stockade fence on the perimeter of the development was increased to 8 feet in height; 2) all perimeter fencing (wood stockade and masonry) was to be constructed by the developer at the time of development improvements; and 3) wood stockade fence be extended along the east boundary line of the development along Lot 29, Block A (open space) and ending at a point even with an imaginary line projected east from the masonry wall indicated along Lot 1 (open space). After approval of ordinance, Council requested that the item be reconsidered for the purpose of removing the condition that added the requirement of the eight (8) foot height wood stockade fence around the perimeter of the development and that the other conditions remain. The Planning and Zoning Commission held a public hearing and recommended approval of RI-PD allowing the perimeter fencing to be six feet in height as opposed to eight feet and all other conditions on the site plan remained the same. Mayor Trevino called for those wishing to speak in support of the request. There being no one wishing to speak, Mayor Trevino called for those wishing to speak in opposition. Mr. Dennis Lang, 8800 Martin Drive, advised that he was not in opposition to the development but did not support the six-foot stockade fence. Mr. Lang was in favor of the eight-foot fence and its extension to Martin Drive. There being no one else wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN WHITSON MOVED TO APPROVE ZC 2007-01, ORDINANCE No. 2938 AS RECOMMENDED BY THE PLANNING & ZONING COMMISSION. COUNCILMAN WELCH SECONDED THE MOTION. --- - .__..~---_.._._~--- City Council Minutes June 11, 2007 Page 7 MOTION TO APPROVE CARRIED 6-0. C.3 SUP 2006-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM E.J. GUTIERREZ, P.E. REPRESENTING JEAlHYDROTECH ENGINEERING TO APPROVE A SPECIAL USE PERMIT FOR AN AUTOMATED CAR WASH (LOCATED AT 8409 BEDFORD-EULESS ROAD)- ORDINANCE NO. 2939 APPROVED Mayor Trevino opened the public hearing. Mr. E. J. Gutierrez, 3610 W. Pioneer Parkway, whose firm is representing Mr. Charles Rogers, presented the proposed improvements for the redevelopment of an existing vacant site, which formerly operated as a Goodyear Tire and Auto Service Center. Applicant proposes to use the site as an automated car wash facility. Council was advised that the City of Hurst and North Richland Hills have agreed to modifications that have been incorporated into the site plan to install a raised median in the south drive approach area leading from Bedford-Euless Road. In response to questions from Council regarding safety, Mr. Gutierrez advised that safety control measures had been incorporated into the facility that would shut the system down should there be a safety issue. Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendations of staff and the Planning and Zoning Commission. The applicant is requesting that sidewalks not be required along the public right of way as required by the Subdivision Regulations. The Planning and Zoning Commission recommended approval of the request with the conditions of traffic control measures be addressed with the City of North Richland Hills and City of Hurst and the sidewalks along access road, Blackfoot Trail, and Bedford-Euless Road not be required. Staff is recommending approval with the sidewalks being required on at least Bedford-Euless Road. Council questioned the reason for the sidewalks being placed adjacent to public street right of ways and the need to continue the sidewalks in the area of this request. Mayor Trevino called for those wishing to speak in favor of the request. Mr. Charles Rogers, 808 Cherry Street, Suite 3450, Fort Worth, spoke in favor of the request discussing the concept of the car wash and the facility being a flex car wash as opposed to an express car wash. Mayor Trevino called for those wishing to speak in opposition to the request. City Council Minutes June 11, 2007 Page 8 There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WELCH MOVED TO APPROVE SUP 2006-08, ORDINANCE No. 2939 WITH THE CONDITION THAT APPLICANT INCLUDE THE SIDEWALKS ALONG BEDFORD-EuLESS ROAD AND BLACKWOOD TRAIL, BUT NOT ALONG THE ACCESS ROAD OF AIRPORT FREEWAY 121/183. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.4 ZC 2007-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TERRY FREDEKING TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1" RESIDENTIAL (LOCATED IN THE 8300 BLOCK OF CARDINAL LANE) - ORDINANCE NO. 2940 APPROVED Mayor Trevino opened the public hearing. Mr. Mark Long, 1615 Precinct Line Road, representing the applicant, presented the item and was available to answer questions. Applicant is requesting to rezone the tract for the purpose of constructing a single-family residence. Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendations of Staff and the Planning and Zoning Commission. The proposed zoning is consistent with the Comprehensive Plan Mayor Trevino called for anyone wishing to speak in support or against the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN SAPP MOVED TO APPROVE ZC 2007-07, ORDINANCE No. 2940. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.5 ZC 2007-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARK COM IS AND B.J. REAVES OF ROYAL BUILDING CORPORATION TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1" RESIDENTIAL (LOCATED AT 8700 AMUNDSON DRIVE) - ORDINANCE NO. 2941 APPROVED City Council Minutes June 11, 2007 Page 9 Mayor Trevino opened the public hearing. Mr. Mark Comis, representing Royal Building Corporation, the applicant, presented request and was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendations of staff and the Planning and Zoning Commission. Item is to rezone a .99-acre tract from AG Agricultural to R-1 Single Family Residential for the purpose of constructing a single-family residence. Staff and the Planning and Zoning Commission recommend approval of the request. Mayor Trevino called for anyone wishing to speak in support or against the request. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM COMPTON MOVED TO APPROVE ZC 2007-08, ORDINANCE No. 2941. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.1 ZC 2006-23 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY CLARKE HOMES TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "RI-PD" RESIDENTIAL INFILL - PLANNED DEVELOPMENT (LOCATED IN THE 9200 BLOCK OF AMUNDSON ROAD - 4.339 ACRES) - ORDINANCE NO. 2937 APPROVED Mayor Trevino announced that Councilman Welch was the engineer on record for the project and would be abstaining from discussion and vote. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Professional Engineer of record. Mayor Trevino opened the public hearing. Mr. Cary Clarke, Cary Clarke Homes, 204 North Dooley Street, Grapevine, presented the item and was available to answer Council questions. Request was heard at a previous City Council meeting and approved with a stipulation. Mr. Clarke requested that request be approved as originally submitted. At the request of Council, Mr. Clarke advised his preference for the fence would be to cooperate with the property owners and renovate or upgrade the existing fence for the benefit of both projects. City Council Minutes June 11, 2007 Page 10 Mr. Eric Wilhite, Chief Planner, presented the case summary and recommendations of Staff and the Planning and Zoning Commission. The RI-PD for the property was originally heard and approved at the April 9, 2007 Council meeting. Council's approval included an additional condition added to the site plan that would require the applicant to replace the existing wood panels between masonry columns with masonry panels on the existing fence located on the adjacent perimeter properties. After approval of ordinance, Council requested that the item be reconsidered for the purpose of removing the condition that required the applicant to replace the existing wood panels between masonry columns with masonry panels. The Planning and Zoning Commission held a public hearing and recommended approval of RI-PD as originally presented. Mayor Trevino called for those wishing to speak in support or against the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE ZC 2006-23, ORDINANCE No. 2937. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0-1; COUNCILMAN WELCH ABSTAINING. D.O PLANNING & DEVELOPMENT There were no items for this category. PUBLIC WORKS E.1 PW 2007-013 CONSIDER APPEAL OF ROUGH PROPORTIONALITY DETERMINATION FOR THE LIBERTY STATION DEVELOPMENT DENIED Mr. Mike Curtis, Public Works Director, presented the issue. Item is to consider developer's appeal of staff's determination of rough proportionality for Liberty Station development. Staff Engineer's determination was the developer would be required to construct one-half of Liberty Way (540 feet of frontage) adjacent to the development. Mr. David Washington, GSWW Engineers, representing the appellant, presented the developer's appeal. The developer disputes the number of vehicle miles generated and feels there is available capacity in the adjacent roadways and that there could possibly be a reduction in the vehicle miles traveled in the city as a result of the development. The developer does not feel his development will generate the vehicle miles and if City Council Minutes June 11, 2007 Page 11 required to construct the road improvements, it will not be cost effective for the developer and the development will not proceed. Councilman Welch questioned what the developer would propose. Mr. Washington advised that that the developer wanted to pay nothing, but if that were not possible, if Council would offer a compromise he would submit the offer to the developer for him to assess. Mr. Curtis presented the position of Staff. The determination of Rough Proportionality is not just a capacity analysis but the development's impact to the system. The impact the development will be placing on the city's roadway system is based on the traffic that will be generated by the development. It cannot be proved that because of the development miles will be reduced. The Traffic Impact Analysis submitted by the developer was used to determine the impact or vehicle miles. Based on the data in the developer's Traffic Impact Analysis, it is staff's opinion that the appeal does not warrant dismissal of the requirement to construct one-half of Liberty Way adjacent to the new development. Staff is recommending Council deny the developer's appeal and uphold the Rough Proportionality determination which requires the developer to construct one- half of Liberty Way adjacent to the development to City standards. Council questioned if the developer did not construct one-half of the road, who would be responsible. Mr. Curtis advised that if Council approves the appeal, it will be the City's responsibility, at taxpayers' expense, to reconstruct the road in the future. There were questions from the Council regarding a mechanism to negotiate with the developer. Council was advised negotiations could be through a city developer agreement approved by Council during the approval phase of the final plat. Council was advised it is not a negotiating matter at this stage; the matter before Council is to approve or deny the appeal of the Rough Proportionality determination. Council further questioned the traffic demands that would be placed on the road and at what point the road would need to be constructed. COUNCILMAN WELCH MOVED TO TABLE PW 2007-013 FOR THIRTY DAYS FOR CONSIDERATION THAT THE CITY STAFF AND CITY COUNCIL WORK WITH APPLICANT TO COMPROMISE SOME KIND OF DEAL. MAYOR PRO TEM COMPTON SECONDED THE MOTION. AFTER DISCUSSION, COUNCILMAN WELCH WITHDREW HIS MOTION. COUNCILMAN WELCH MOVED TO DENY PW 2007-013. MAYOR PRO TEM COMPTON SECONDED THE MOTION. City Council Minutes June 11, 2007 Page 12 Mayor Trevino asked Councilman Welch if with the denial comes a discussion to staff that they work with them on the platting process. Councilman Welch advised that was correct. Mayor Trevino asked Council if that was the way they understood the motion. The Council Members confirmed it was their understanding of the motion. MOTION TO DENY CARRIED 6-0. GENERAL ITEMS F.1 PU 2007-027 AWARD BID NO. 07-1376 FOR LIBRARY STACK SHELVING, CANOPIES AND END PANELS FOR THE NEW PUBLIC LIBRARY TO LIBRARY DESIGN SERVICES IN THE AMOUNT OF $143,428.80. APPROVED Mr. Steve Brown, Library Director, presented the item. Item is to consider awarding the bid for the stack shelving, canopies and end panels for the new Public Library. The bidders were required to match the Library's existing Montel shelving. Staff is recommending the bid be awarded to Library Design Services. COUNCILMAN LEWIS MOVED TO APPROVE PU 2007-027, AWARDING BID No. 07-1376 FOR LIBRARY STACK SHELVING, CANOPIES AND END PANELS TO LIBRARY DESIGN SERVICES. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.2 INFORMATION AND REPORTS Councilman Lewis made the following announcements. The NRH Animal Adoption & Rescue Center will hold its annual walk-a-thon on Saturday, June 16th, at Tipps Canine Hollow at Northfield Park, 7804 Davis Blvd. The walk will begin at 8 a.m. Proceeds will benefit the AARC Shelter Fund. For registration information, please call 817-427-6570. The North Rich/and Hills Fire Department is offering classes each month in CPR and the use of Automated External Defibrillators. The next class is scheduled from 1 to 5 City Council Minutes June 11, 2007 Page 13 p.m. on Saturday, June 16th. The cost is $25 per person. For more information, please call 817-427-6900. The North Richland Hills Police Department is taking applications for the next session of the Citizens Police Academy. Participants will learn about patrol procedures, dispatch, crime scene search and other police operations. For more information contact Officer Bauman at 817-427-7021. Kudos Korner - Louanne Noel, Reference Librarian at the NRH Public Library - A note was received from a library patron thanking Louanne for helping her find the information she needed. The customer said Louanne went above and beyond what is expected. On a scale of 1 to 10, she gave Louanne a 12. F.3 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:43 p.m. ATTEST: a~~~ ~~Y.........""..:..(lt ~ City Secretary ~~'Ã ~.., ...(J .~ -, '.' n "~'~ g. 0::/ \~~ ~ ·,-0· 'r'" g 2f r \r ~ ~ ; !(I)S i% U-, h:' "3 ~;o""" ./ if ........ .o^-'.", ~~~f,j,,,-r, / ......... .....<:.J :1 ff .:, ( / ') .......... -<t Î .,.,"f "tili'! ... * S ~~s~':.~ i,fJ',!· '1\'\'\'\:. '~';:j'U1¡!!JinW~\W<\~'\"~