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HomeMy WebLinkAboutCC 2006-04-10 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 -APRIL 10, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of April, 2006 at 6: 10 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Jimmy Perdue Vickie Lottice Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Councilwoman 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 Police Chief Parks & Recreation Director Mayor Trevino called the work session to order at 6:10 p.m. A.O Discuss Items from Reqular City Council Meetinq No items were discussed. B.1 IR 2006-041 Discussion on 35W Coalition Committee Mr. Bass introduced Mr. Russell Laughlin, with Hillwood Development Properties and Chair of the 35W Coalition Transportation Committee and Mr. Marc Hildenbrand, with Hillwood Development Properties and 35W Coalition Secretary. City Council Minutes April 1 0, 2006 Page 2 Mr. Laughlin presented a PowerPoint presentation explaining the purpose and strategy of the 35W Coalition. The Coalition includes business leaders, landowners, elected officials and community leaders along the 35W and 820 corridors in North Fort Worth, Tarrant County and southern Denton County. The Coalition's purpose is to find solutions to transportation and traffic problems and encourage quality development along the 1-35W North Corridor. Efforts are focused on significantly improving traffic flows along 1-35W, as well as along Loop 820 in North Tarrant County and promoting quality development through adoption of development guidelines to improve standards for environmental protection and aesthetics along 1-35W and Loop 820 in the North Corridor. Mr. Laughlin discussed with Council the development and construction process for federally funded projects, the 1-35W I Loop 820 Corridor development and construction timeline and why it takes so long to complete the projects. B.2 IR 2006-044 Police Department Initiatives under Consideration Chief Perdue reported that the Police Department was finalizing some new initiatives to be considered by Council at future meetings. One initiative is a proposed Graffiti Ordinance. Currently the City does not have a specific ordinance addressing graffiti or the instruments used to make graffiti. The Penal Code is the only mechanism the City has to address graffiti and it is designed for after the fact. An ordinance is being proposed that will make it a crime to do graffiti. The ordinance will allow the Police Department to take enforcement action on the graffiti as well as the possession of the instruments used to create the graffiti. Responsibility will also be placed on the property owner to remove the graffiti in a timely manner. Because some property owners may not have the economic ability to remove the graffiti, the ordinance contains a provision that will allow the property owner to grant permission to the City to come onto their property and remove the graffiti at the expense of the City. The City has obtained a grant from Wal Mart to purchase the removal equipment. The consensus of the Council was for Chief Perdue to proceed with drafting the ordinance for Council consideration. Chief Perdue advised a second ordinance proposed is one that will allow a police officer to immediately tow any vehicle that is left disabled or abandoned on the shoulder of a highway instead of the required 48-hour wait. The immediate removal of abandoned or disabled vehicles will eliminate distractions and safety hazards to passing motorists. Officers will be encouraged to use discretion in towing vehicles using indications such as flashers, warm engine, or note on dashboard to determine amount of time vehicle has been abandoned. In response to questions from the Council, Chief Perdue advised that normal towing fees and storage fees would be charged to the vehicle owners. A public awareness campaign will be conducted to encourage motorists to use notes when they must abandon their vehicles on the side of the highway. There was some concern expressed by the Council with the term immediate removal of the vehicles. After a brief discussion by the Council, the consensus was to proceed with the ordinance and bring it to Council for consideration. City Council Minutes April 10, 2006 Page 3 B.3 IR 2006-043 Update on No-Insurance Towinq Policy Chief Perdue gave a status report to Council on the No-Insurance Towing Policy that was enacted by the Police Department in January. Chief Perdue advised that 800 citations had been issued for failed to provide proof of insurance and 440 citations had been dismissed for showing proof of insurance. During the first quarter of 2006, sixty- eight vehicles were towed for no insurance. C.O Adjournment Mayor Trevino announced at 6:53 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 April 10, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Welch John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik David Whitson Mayor Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney City Council Minutes April 10, 2006 Page 4 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) PROCLAMATION- CHILD ABUSE PREVENTION MONTH Councilwoman Johnson presented proclamation proclaiming April as Child Abuse Prevention Month to Ms. Bolu Odeluski, representing S.A.V.E., Student and Volunteer Efforts, a child prevention organization. A.4 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle, showed pictures of areas in the city she felt were beautification problems and suggested that the City work more on cleaning up the City. Mr. Charles Cole, 6125 Riviera Drive, advised he was speaking on behalf of senior citizens and spoke about a bulletin he had received that discussed a senior transportation program that was started about ten years ago in Maine. The Maine program provides transportation for seniors to the store, doctor, etc. Mr. Cole felt it was an important concept that should be considered by the City. Mr. Gene O'Bannon, 6301 Skylark Circle, advised of recent problems with spare tires being stolen from his employees' cars parked at his business located in the North Richland Business Center on Boulevard 26. Mr. O'Bannon thanked the City for its quick and positive response to his request for unscheduled police patrols at his business. Mr. O'Bannon advised he received responses from the City Manager, Mayor, Assistant Police Chief and Safety Officer. Mr. O'Bannon advised that as a resident and business owner he was proud of the City. Mr. O'Bannon also commented on recent correspondence he received at his home from a current member of the Council who felt that office space expansions did not bring sales tax revenues into the City. Mr. O'Bannon commented that he and his 50+ employees eat lunch most every day at one of the restaurants within the City. Mr. O'Bannon felt that was bringing sales tax revenue into the City. City Council Minutes April 10, 2006 Page 5 Mr. Jay Garner, 6408 Devonshire, spoke on the improvements he had seen over the years to Rufe Snow and Glenview Drive. Mr. Garner felt the improvements had added to the appearance of the area. Mr. Garner was appreciative of Council's efforts to develop and improve the entire City. Dr. Tim Barth, 8400 Bridge Street, felt there was some confusion of the citizens regarding the TXU Settlement Agreement approved by Council at the last meeting. Dr. Barth commented that the citizens did not have the opportunity to hear the presentation made during the work session by the Attorney for the Coalition, Mr. Geoffrey Gay, but only heard the questions asked of Staff during the Council meeting. Dr. Barth commented that Mr. Gay explained during the work session that 108 cities had already agreed to the settlement, Mr. Gay felt the settlement was a good deal for all the cities and Mr. Gay encouraged the Council to find ways the settlement could directly or indirectly benefit the citizens. 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 MARCH 27, 2006 CITY COUNCIL MEETING B.2 RP 2006-01 CONSIDERATION OF A REQUEST FROM ADAMS ENGINEERING ON BEHALF OF RICHLAND RETAIL, LP TO APPROVE THE REPLA T OF LOT 2, BLOCK 5, BRENTWOOD ESTATES ADDITION TO LOTS 2R, 2R-1, 2R-2 & 2R-3, BLOCK 5 BRENTWOOD ESTATES ADDITION (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT PARKWAY -10.04 ACRES). B.3 PAY 2006-003 APPROVE FINAL PAYMENT TO MCCLENDON CONSTRUCTION CO., INC. IN THE AMOUNT OF $31,224.44 FOR THE RUFE SNOW DRIVE (GLENVIEW DRIVE TO KAREN DRIVE) PROJECT B.4 GN 2006-024 APPROVE EASEMENT FOR UNDERGROUND ELECTRIC SERVICE AND TRANSFORMER TO TXU AT NRH20 - RESOLUTION NO. 2006-023 COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes April 1 0, 2006 Page 6 PUBLIC HEARINGS C.1 PZ 2000-38R5 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LAWRENCE A. CATES AND ASSOCIATES, LLP ON BEHALF OF WACHOVIA BANK TO REVISE THE APPROVED WAL-MART PLANNED DEVELOPMENT SITE PLAN IN THE 8400 BLOCK OF PRECINCT LINE ROAD (2.8828 ACRES) - ORDINANCE NO. 2875 APPROVED Nature of request is to consider a revision to the approved Wal-Mart Development Plan. The Plan requires that any subsequent development of the site is to be approved as separate amendments to the Plan. The applicant proposes to develop on the northwest corner of Precinct Line Road and North Tarrant Parkway a 4,030 square foot bank building. The proposed use is consistent with the Comprehensive Plan and with the approved Wal-Mart Planned Development. The proposed building design, architecture, use of materials and color is not necessarily of similar design with the adjacent Wal- Mart building or retail strip center. However, staff feels that the proposed building is complementary and consistent with quality design. The site plan includes building design consisting of aluminum, glass and brick single-story arch roof design with a parapet wall. A trash dumpster has not been included on the site because the bank shreds all papers and contracts for special trash service. The immediate corner property at Precinct Line and North Tarrant Parkway will be left vacant. The Planning and Zoning Commission recommended approval with the stipulation that the vacant area be irrigated and maintained and that a notation be added to the site plan that any dead trees must be removed. Changes are reflected on the final site plan. Mayor Trevino opened the Public Hearing. Mr. Bryan Burger, 19800 Quorum Drive, Suite 200, Dallas, applicant, presented request and was available to answer questions from the Council. In response to a question from Council on why the corner was not being developed, Mr. Burger advised their property consisting of 2 % acres is deed restricted and as such they can only build one building on the property. Mr. John Pitstick, Director of Planning and Development, summarized the item and presented Staff and Planning & Zoning recommendations. 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. City Council Minutes April 10, 2006 Page 7 COUNCILWOMAN JOHNSON MOVED TO APPROVE PZ 2000-38R5 AND ORDINANCE No. 2875 WITH PLANNING AND ZONING RECOMMENDATIONS. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.2 LRB 2006-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HALBACH DIETZ ARCHITECTS FOR APPROVAL OF A LANDSCAPE VARIANCE (LOCATED AT 6248 DAVIS BOULEVARD) APPROVED Mayor Trevino opened the Public Hearing. Mr. Carl Dietz, Halbach, Dietz Architects, presented request for landscape variance. Applicant is also requesting a site plan approval for the property later in the agenda. The City's building regulations require a fifteen foot landscaped buffer along the Davis Boulevard street frontage. The applicant is requesting a variance to permit encroachment of a portion of three parking spaces and a portion of an access lane to be placed in the required 15-foot landscaped buffer. The irregular shape of the lot makes it difficult to maintain the required landscaped street buffer. Extensive landscaping has been provided to compensate, Mr. John Pitstick, Director of Planning and Development, presented a summary of the case and advised staff was supportive of the request and was recommending approval. 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. COUNCILWOMAN COMPTON MOVED TO APPROVE LRB 2006-01. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.3 SP 2005-12 CONSIDERATION OF A REQUEST FROM HALBACH DIETZ ARCHITECTS ON BEHALF OF DAVIS PROFESSIONAL PARTNERS, LLC TO APPROVE A SITE PLAN FOR HOME TOWN MEDICAL OFFICE BUILDINGS (LOCATED IN THE 6200 BLOCK OF DAVIS BOULEVARD - 1.503 ACRES). THIS ITEM DOES NOT REQUIRE A PUBLIC HEARING APPROVED City Council Minutes April 1 0, 2006 Page 8 Nature of request is to consider site plan approval for two single story 5,014 square feet medical office buildings located in the Town Center Zoning District. The buildings are stone with wood column treatments. Access is from Davis Boulevard with a secondary access to Crescent Street and future access to the east is provided. Originally, staff preferred a major access in the center of the tract; however, TXDOT will only allow access where it is currently provided. Council approved earlier in the meeting a landscape variance for the property because of issues with the irregular shape of the tract. The Planning and Zoning Commission recommended approval of the site plan on March 16, 2006 with the stipulations that the site plan be amended to state that the buildings would be stone rather than wood; a notation added to the site plan that there will be appropriate shielding for the lighting, and the southernmost monument sign be eliminated and the Davis Boulevard monument sign be moved to the south side of the driveway. The corrected site plan does eliminate one monument sign, but keeps the monument sign on Davis to the north side of the entryway to be more in front of the proposed office buildings. Mr. Carl Dietz, Halbach Dietz Architects, applicant, presented the site plan and answered questions from the Council. Mayor Pro Tem Welch questioned the access to Caladium and Crescent Streets and expressed concern with people trying to exit to the south at the Davis Boulevard access. Mr. Dietz explained that the access to Caladium Street and Crescent Street was provided because the developers of HomeTown felt it important to have south access from the medical buildings. Motorists exiting onto Davis Boulevard will not be able to go south, but must go north to Mid Cities Boulevard. The south access will allow access to Bridge Street and a south exit. Mr. John Pitstick summarized the item, Planning & Zoning recommendations and staff recommendations. Mr. Pitstick advised one of the monument signs had been eliminated as recommended by the Planning & Zoning Commission. The monument sign on the north side of the entryway was not moved to the south side of the driveway because it is closer to the buildings on the north side of the driveway. Staff does not have a problem with the sign remaining on the north side of the driveway. Mr. Mike Curtis, Public Works Director, addressed a concern from the Council on people trying to turn left at the Davis Boulevard access. Mr. Curtis advised that based on the traffic impact analysis it did not appear to be a critical issue and that motorists exiting the site had the option of going to the signal at Bridge Street. Mr. Curtis advised that if it became a problem, Public Works could consider installing vertical panels to prevent a left exit. MAYOR PRO TEM WELCH MOVED TO APPROVE SP 2005-12 WITH THE RECOMMENDATIONS OF THE PLANNING & ZONING COMMISSION. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes April 10, 2006 Page 9 C.4 LRB 2006-002 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RICK AND ROMAN FIGUEROA AND JAMES MADDUX FOR APPROVAL OF A LANDSCAPE VARIANCE (LOCATED AT 6609 PRECINCT LINE ROAD). APPROVED Mayor Trevino opened the public hearing. Mr. Rick Figueroa, applicant, presented request for a landscape variance. The applicants are proposing to build a salon and office building on Lot 2, Block 1 Nob Hill Centre Addition. The property has been platted for several years and is behind an existing office center on Precinct Line Road. The applicant is requesting a 5 foot landscaped buffer adjacent to the residentially zoned property. Previous planning and design of the proposed buildings did not require a landscape buffer. A recent zoning case adjacent to the site created the requirement for a 15-foot landscape buffer. Mr. John Pitstick, Director of Planning and Development, presented the summary of the case and Staff's recommendation to approve the variance. Mayor Trevino called for anyone wishing to speak in favor or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE LRB 2006-002. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.5 GN 2006-025 PUBLIC HEARING AND ACTION ON THE USE OF RICHFIELD PARK AND NORTHFIELD PARK FOR MINERAL DEVELOPMENT APPROVED Mayor Trevino opened the Public Hearing. Mr. Richard Torres, Assistant City Manager, and Mr. Bo Bass, Assistant City Manager, presented the item and gave a PowerPoint presentation. Mr. Torres explained the purpose of the public hearing. State law requires that prior to allowing mineral development on parkland a finding must be determined by the governing body regarding the feasibility of such intended use and whether reasonable planning has been done to minimize potential harm to the land. The law requires that the finding shall be done after the public notice and hearing has been concluded. Mr. Bass gave an overview of the regulatory measures adopted by the Council and those required by City Council Minutes April 10, 2006 Page 10 the State regarding drilling and production of natural gas. Gas drilling will not be allowed at Richfield Park and Northfield Park and mineral leasing only is being considered. An aerial photo of the location of the two parks was presented. Mayor Trevino asked for public comments on the proposed mineral development of Richfield Park and Northfield Park. Ms. Angela Osen, 6465 Sudbury Way, commended the Council for not drilling at Richfield Park and requested Council to proceed with caution because of unknown environmental outcomes that might result from mineral development. There being no one else wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWOMAN BIELlK MOVED THAT THE COUNCIL DETERMINE THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE INTENDED MINERAL DEVELOPMENT FROM THE PARKS AND THE PROPOSED MINERAL DEVELOPMENT PROGRAM HAS BEEN PLANNED PROPERLY TO INSURE THAT ALL POTENTIAL HARM TO THE LAND HAS BEEN MINIMIZED AND THEREFORE THE DEVELOPMENT OF MINERALS WILL BE ALLOWED ON THESE TWO PARK PROPERTIES. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PLANNING & DEVELOPMENT D.1 RP 2005-09 CONSIDERATION OF A REQUEST FROM WIER & ASSOCIATES ON BEHALF OF FRISCO HEALTH INVESTMENTS LP TO APPROVE THE REPLA T OF LOTS 5, 6, 7, 8 & 9, BLOCK 7, RICHFIELD ADDITION AND APPROVAL OF A WATER COURSE MAINTENANCE AGREEMENT (LOCATED IN THE 6800 BLOCK OF RUFE SNOW - 10.032 ACRES). APPROVED Nature of item is to consider a replat of Richfield Addition. Applicant is proposing a 125 bed skilled nursing facility. The purpose of the replat is to reduce the number of lots from five to two lots to build the facility. The site is zoned "C-1" Commercial and the proposed use is consistent with the Comprehensive Plan. Applicant proposes to construct a detention facility on the existing Lot 3, Block 7 to comply with the City's drainage requirements. A detention facility is necessary as the existing underground drainage system in Chapman Drive is not capable of handling the drainage from Lots 5R and 6R when the lots are fully developed. The developer has executed a water course maintenance agreement. The Planning and Zoning Commission recommended approval of RP 2005-09 on March 16, 2006. City Council Minutes April 10, 2006 Page 11 Mr. Ulyess Lane, representing Wier & Associates, 6849 Elm Street, Frisco, presented the request and was available to answer questions from the Council. Mr. John Pitstick, Director of Planning and Development, presented a summary of the request, Planning & Zoning Commission recommendations and Staff recommendations. Councilwoman Johnson questioned if a study had been done to determine the impact of nursing homes on the city's emergency ambulances and if there were specific requirements for the size of the rooms. Councilwoman Johnson questioned if the rooms were of adequate size that they could be converted to apartments. Mr. Pitstick advised he did not know if a study had ever been done and that the room sizes meet state requirements; they are smaller than the City's minimum requirement for apartments. COUNCILWOMAN BIELlK MOVED TO APPROVE RP 2005-009. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1; MAYOR PRO TEM WELCH, COUNCILWOMEN Cox, COMPTON, BIELIK AND COUNCILMEN LEWIS AND WHITSON VOTING FOR AND COUNCILWOMAN JOHNSON VOTING AGAINST. D.2 SP 2005-11 CONSIDERATION OF A REQUEST FROM WIER & ASSOCIATES ON BEHALF OF FRISCO HEALTH INVESTMENTS LP TO APPROVE A SITE PLAN FOR NORTH RICH LAND HILLS NURSING CENTER (LOCATED IN THE 6800 BLOCK OF RUFE SNOW - 4.147 ACRES). APPROVED Applicant is requesting site plan approval for a 125 bed skilled nursing facility located in the 6800 block of Rufe Snow. Site is zoned "C-1" Commercial and a nursing facility is an acceptable use. The proposed development is consistent with the Comprehensive Plan for retail use. The development includes a 38,984 square foot skilled nursing facility. The building is a single story residential structure with five wings. A 15-foot landscape setback along Rufe Snow is provided in addition to a 15-foot landscape buffer along the rear of the site adjacent to existing single-family homes. A single monument sign is proposed at the entryway along the Rufe Snow Drive frontage. The Planning and Zoning Commission recommended approval of the site plan on March 16, 2006 subject to the landscape plan showing cross access to the adjacent lot. The correction is reflected in the revised site plan. After the Planning & Zoning meeting, Staff recognized some issues with architectural dimensional standards on the Rufe Snow frontage. Staff has worked with the architect in an effort to meet the required standards. Staff has recommended adding to the front elevation landscaped seating City Council Minutes April 10, 2006 Page 12 areas, accent lighting and decorative stone pilasters projecting from the wall plane that will be added to the final site plan. These proposed improvements along with existing features will meet the city's architectural requirements. The architect has provided a letter describing the proposed improvements to the front elevation. Staff recommends approval with the changes to the architectural features. Mr. Ulyess Lane, representing Wier & Associates, 6849 Elm Street, Frisco, presented the request and was available to answer questions from the Council. Mr. John Pitstick, Director of Planning and Development, presented a summary of the case, Planning and Zoning Commission recommendations and Staff recommendations. COUNCILWOMAN JOHNSON MOVED TO DENY SP 2005-11. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO DENY FAILED 4-3; COUNCILMAN LEWIS AND COUNCILWOMEN Cox, COMPTON AND BIELlK VOTING AGAINST AND COUNCILWOMAN JOHNSON, MAYOR PRO TEM WELCH AND COUNCILMAN WHITSON VOTING FOR. COUNCILWOMAN BIELIK MOVED TO APPROVE SP 2005-11. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE FAILED 4-3; COUNCILWOMEN COMPTON AND JOHNSON, MAYOR PRO TEM WELCH AND COUNCILMAN WHITSON VOTING AGAINST AND COUNCILMAN LEWIS AND COUNCILWOMEN Cox AND BIELlK VOTING FOR. MAYOR PRO TEM WELCH MOVED TO DENY SP 2005-11. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Council discussed their concerns with the site plan and the proposed use of the property. Staff advised Council that item was not a zone case but a site plan. The existing zoning allows the proposed use, and the question before council is whether the design and layout adequately meet the city's minimum standards. MAYOR PRO TEM WELCH WITHDREW HIS MOTION AND COUNCILWOMAN JOHNSON WITHDREW HER SECOND. COUNCILWOMAN BIELlK MOVED TO APPROVE SP 2005-11. COUNCILMAN LEWIS SECONDED THE MOTION. Councilwoman Johnson requested that Staff do a study on the effects of nursing homes on the emergency system and the need for additional ambulances. City Council Minutes April 10, 2006 Page 13 Councilwoman Compton asked for a review of the zoning classifications and Comprehensive Land Use plan especially along Rufe Snow. MAYOR TREVINO CLARIFIED THAT THE MOTION WAS TO APPROVE WITH THE ARTICULATION STIPULATIONS. COUNCILWOMAN BIELIK AND COUNCILMAN LEWIS CONCURRED. MOTION TO APPROVE CARRIED 6-1; MAYOR PRO TEM WELCH, COUNCILWOMEN Cox, COMPTON AND BIELIK AND COUNCILMEN LEWIS AND WHITSON VOTING FOR AND COUNCILWOMAN JOHNSON VOTING AGAINST. PUBLIC WORKS There were no items for this category. GENERAL ITEMS F.1 INFORMATION AND REPORTS: REPORT FROM CITY ATTORNEY IN RESPONSE TO MARCH 27, 2006 CITIZEN'S PRESENTATION Mr. George Staples, City Attorney, summarized the report contained in the agenda packet. Mr. Staples advised that the Charter provisions brought up during the Citizen's Presentation portion of the last Council meeting is no more than a statement of the general power of the city over drainage, and its purpose is to prevent flooding. The authority over drainage and ponds exists even in the absence of a specific charter provision. The City of North Richland Hills does not allow any pond or lake to be constructed unless plats are approved by the City Council and flood studies prepared and sealed by a licensed professional engineer are approved by the City and by the Federal Emergency Management Agency (FEMA) if located in a flood plain. The flood studies must demonstrate compliance with requirements that the drainage will work and that protection against 100 year frequency flooding is provided. No pond or lake receiving drainage can lawfully be constructed unless these requirements are met. While there is no separate document styled a permit, this process meets the requirements of both the letter and the intent of the Charter provision. The fact that there is a city approved plat and a city approved flood study with additional approval by FEMA of the Emerald Lakes Addition Drainage Way is evidence that the City did comply with Charter Article XVII, Section 18. All of these documents have been offered to the citizen who requested the information regarding the permitting of Emerald Lakes as shown with the material included in the agenda packet between the citizen and the City Secretary. City Council Minutes April 10, 2006 Page 14 F.2 INFORMATION AND REPORTS: REPORT FROM CITY ATTORNEY REGARDING LEGAL CLARIFICATION OF TXU SETTLEMENT AGREEMENT Mr. George Staples, City Attorney, advised that at the last Council meeting legal questions were raised with respect to what can and cannot go into electric rates. Council has been provided with a written response from Geoffrey Gay, the attorney representing the Steering Committee of Cities Served by TXU. Mr. Gay made a presentation during the March 27 work session but he was not present at the regular meeting when additional questions were asked. Mr. Gay offered to stay for the Council meeting but Council indicated it would not be necessary. Mr. Staples summarized Mr. Gay's response. Mr. Staples advised that Mr. Gay's response states that nothing in the settlement agreement that was approved at the last council meeting gives TXU the right to increase any rates. Cities have some legal authority over the wires company, but have no authority over the electric generation company or the retail electric providers or the rates that they charge. The Public Utility Commission is the primary governing agency responsible for regulating electric companies and electric rates. Rates are set based on 12 months of historic data called a test year. The settlement agreement prescribes that the test year for future rate setting will be calendar year 2007. While TXU will make cash payments to cities in 2007, a guiding principle of regulatory accounting is that non-recurring costs are excluded or disallowed. The $8 million annual payment to the 109 cities that are parties to the settlement is a reimbursement for overcharges related to street lighting and water pumping electricity rates. The $18 million that TXU has agreed to pay the 109 cities is for public use in lieu of uncertain residential rate reductions stemming from litigation. TXU will not be able to capture this expense in a future rate review case. The Franchise Fee factor increase may be considered in a future rate review request but it cannot be passed through to TXU customers unless and until approved by the Public Utility Commission. The fact that one area of cost may go up such as franchise fees does not entitle the company to an increase in rates. The TXU settlement agreement that was approved by the City Council does not authorize any rate increase. Mr. Staples advised that the settlement agreement was approved by attorneys in 108 other cities including most of the cities in the metroplex. Mr. Staples further advised that the attorneys agree that this is a good agreement and that it is beneficial to the cities and will not have negative impact on its customers. F.3 INFORMATION AND REPORTS: ANNOUNCEMENTS Councilman Whitson made the following announcements. City Council Minutes April 10, 2006 Page 15 The City of North Richland Hills will help the University of Dallas open its new Tarrant County Campus on April 18. A ribbon cutting and open house is scheduled at 4 p.m. at the campus, which is located at 8251 Bedford Euless Road, Suite 231, on the second floor of the Haverty's Building. The public is invited to attend. For more information, please call 817-427-6090. The City of North Richland Hills continues its free concert series at Green Valley Park, 7701 Smithfield Road. Join us at 6:30 p.m. on April 21 for music by Drop Trio and Fingerprints. Admission is free. Please bring your lawn chairs and blankets. For more information, call 817-427-6600. The Texas Department of Transportation has scheduled a public meeting from 7 to 9 p.m. on April 27 to provide information regarding the widening of Loop 820. The meeting will be held at the Richland Hills Church of Christ, 6300 NE Loop 820. For more information, please call 817-370-6594. Kudos Korner - Gary Bechtold and Rob Elder, Parks Department - An e-mail was received from the NRH Soccer Association President thanking Gary and Rob for working with them on the soccer fields. The e-mail said the employees were very responsive and helpful on items that were requested. F.4 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:50 p.