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HomeMy WebLinkAboutCC 2011-01-10 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 — JANUARY 10, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10 day of January, 2011 at 5:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Vickie Loftice Parks & Recreation Director Craig Hulse Economic Development Director Jamie Brockway Purchasing Manager Mike Hamlin Assistant Police Chief Gregory VanNieuwenhuize Assistant Public Works Director Kristin Weegar Public Works Senior Mgmt. Assistant Call to Order Mayor Trevino called the work session to order at 5:00 p.m. A.0 Discuss Items from Regular City Council Meetinq There were no questions from Council. City Council Minutes January 10, 2011 Page 2 A.2 Discuss Rescheduling March 14, 2011 City Council Meetinq Patricia Hutson, City Secretary, advised Council there were several Council members who will be unable to attend the March 14 City Council meeting. Council was asked to consider rescheduling the meeting. The consensus of the Council was to reschedule the meeting to March 7. A.3 Amend Code of Ordinances by adding Restricted Residency Ordinance Assistant Chief Hamlin advised Council of a proposed ordinance that would regulate where certain sex offenders can reside within North Richland Hills. The focus of the ordinance is to create a protective area around those areas where children gather and play. The ordinance will prohibit a person that has been convicted or adjudicated whose victim was younger than 17 years of age from residing within 1,000 feet of a protected area and prohibits one from allowing a convicted or adjudicated sex offender whose victim was younger than 17 years of age to reside at a location that is within 1,000 feet of a protected area. Protected areas include premises where children commonly gather such as playgrounds, schools, video arcade facilities, youth centers, public swimming pools, and day care facilities. The ordinance provides for five defenses — 1) if offender resided at the location prior to adoption of the ordinance; 2) if the offender was a minor at the location prior to adoption of the ordinance; 3) if the offender was a minor at the time of the offense or conviction; 4) if the protected area is opened after the offender established a legal residency; or 5) if the information on the Department of Public Safety database is incorrect. Council was advised that no one as a result of the ordinance will be required to move or relocate. Chief Hamlin advised Council of the number of registered sex offenders residing in the City and presented a map of the City showing the protected areas and the location of the offenders. After questions from the Council, the Council concurred with the ordinance being brought forward for their consideration at the next Council meeting. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551 Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to consider the sale of land to State for right of way - 1) Parcel 152 located at 820 and Cummings Drive; 2) Parcel 96 located at 6729 Northeast Loop 820; 3) Parcel 135 located at 7301 Northeast Loop 820; 4) Parcel 150 located at 4816 Cummings Drive East. City Council Minutes January 10, 2011 Page 3 B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners_, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213 - Mayor Trevino announced at 5:20 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: • Section 551.072, Texas Government Code to consider the sale of land to State for right of way - 1) Parcel 152 located at 820 and Cummings Drive; 2) Parcel 96 located at 6729 Northeast Loop 820; 3) Parcel 135 located at 7301 Northeast Loop 820; 4) Parcel 150 located at 4816 Cummings Drive East. • Section 551.071 for consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530- 09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09). C.0 Adjournment Mayor Trevino announced at 7:00 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 10, 2011 at 7:05 p.m. ROLL CALL Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 City Council Minutes January 10, 2011 Page 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples Attorney A.1 INVOCATION Mayor Pro Tern Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 2010 UNITED WAY CAMPAIGN Mr. Ron Newman, United Way Committee Chair, recognized the employee committee members. The City raised a total of $37,542 during the City's 2010 United Way Campaign. Councilman Barth and Mr. Newman presented a check from the City's campaign to Ms. Faye Beaulieu, PhD, Regional Director of United Way Northeast. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) KEEP NRH BEAUTIFUL HOLIDAY LIGHTING AWARDS Ms. Kathy Luppy, Keep NRH Beautiful Commission Chair and Councilman Turnage presented the 2010 Holiday Lighting awards to Gary & Sandy Moore, 4033 Diamond Loch; Paul & Patty Lussier, 7021 Briley; Charlie & Denise Niziolek, 6300 Skylark Circle; Robert & Dessie Simmons, 7437 North Richland Boulevard; Dave & Debra Byczek, 8608 Olmstead; Debbie Gann, 7116 Smithfield Road; Roger & Connie Stillwell, 8309 City Council Minutes January 10, 2011 Page 5 Thornbrook; Greg & Kathy Hull, 7621 Woodhaven; Albert & Beverly Partman, 8000 Canyon Oak. A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF DECEMBER 13, 2010 CITY COUNCIL MEETING B.2 PU 2011 -001 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH THE CITY OF TEMPLE B.3 GN 2011 -002 AN INTERLOCAL AGREEMENT ESTABLISHING THE NORTH CENTRAL TEXAS MAJOR CASE INVESTIGATIVE TEAM — RESOLUTION NO. 2011 -001 B.4 GN 2011 -003 AUTHORIZE SPECIAL EVENTS AGREEMENT WITH CITY OF ARLINGTON COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes January 10, 2011 Page 6 PUBLIC HEARINGS C.1 SDP 2010 -01 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL REQUEST FROM MICHELLE THOMAS (THE M GROUP) FOR A SPECIAL DEVELOPMENT PLAN FOR TEMPORARY OFFICE USES IN A RESIDENTIAL STRUCTURE ON LOT 1, BLOCK 3, MEACHAM ADDITION (TOD CORE SUBZONE) WITH FUTURE ACCESS FROM LOT 3, BLOCK 1, MEACHAM ADDITION (TOD RESIDENTIAL SUBZONE) IN THE TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT - ORDINANCE NO. 3124 (LOCATED AT 6333 SMITHFIELD ROAD AND 7828 ARTHUR DRIVE) APPROVED Mayor Trevino opened the Public Hearing. Mayor Trevino advised that his wife and partner own property nearby and while he is not required to recuse himself he will limit his discussion. Ms. Michelle Thomas, applicant, 151 Sandy Creek Trail, Weatherford, presented her request for a Special Development Plan under the Transit Oriented Development (TOD) district to allow for an interim office use in an existing single family structure. Ms. Thomas advised the current building is not up to the TOD or Buildings Standards and Codes, but she wants to use the existing building for 18 months as a professional office. Ms. Thomas presented a footprint of the proposed development and concept of the buildings she plans to construct on the property after 18 months. Ms. Thomas addressed the issues and concerns from the Planning & Zoning meeting over drainage, access and traffic on Arthur Drive. Ms. Thomas advised construction would begin at the end of the 18 months if not sooner. Mr. John Pitstick, Director of Planning, summarized the case and presented the recommendation of the Planning and Zoning Commission. Applicant is requesting a Special Development Plan to allow for an interim office use for 18 months in an existing structure. The Special Development Plan specifies that by June 1 the existing residential houses on Lots 1 and 3, Block 1, Meacham Addition will be demolished or removed and construction plans will be submitted for a series of new mixed -use buildings with access off Arthur Drive. The plan is to phase in the development including a 4,950 square foot 2 -story mixed use building with retail or office on the first floor and residential living on the second floor located at the corner of Smithfield and Mid Cities and a 3,300 square foot similar mixed use building adjacent to the phase 1 building. This case is an appeal to City Council based on a denial from the Planning and Zoning Commission. The request is only for the interim use of an existing building as a business office for 18 months or until June 1, 2012. The property will have to be replatted and drainage and street issues will be addressed at the time of replatting. City Council Minutes January 10, 2011 Page 7 The Planning and Zoning Commission voted 3 -1 to recommend denial of the request. There were concerns over the current market demand and ability to construct the future proposed mixed -use buildings with the primary concern being fairness to other existing commercial buildings in allowing a temporary conversion of an existing single - family house to be used as a business office for an interim time frame. Mayor Trevino called for those wishing to speak in favor of the request to come forward. There being no one wishing to speak Mayor Trevino called for anyone wishing to speak in opposition to come forward. The following spoke in opposition to the request: • Mr. Glenn Willis, 7820 Arthur Drive — Mr. Willis expressed concerns with drainage, traffic, screening wall to separate the commercial property from the residential and the applicant's financial status to complete the development in 18 months. Mr. Curtis addressed the traffic and drainage concerns. Mr. Curtis advised that as part of the process the applicant will replat the property. At that point, the City's development criteria would become effective and the applicant will provide engineering, drainage plans, etc. for approval. Mr. Pitstick explained the screening wall regulations. Mayor Trevino confirmed with Staff that the concerns on drainage, screening walls, and traffic issues were not part of this request and would be addressed in the appropriate venue. Mayor Trevino asked Mr. Hindman for the city's position on the concerns expressed on the applicant's financial status. Mr. Hindman advised financial performance was not within the City's purview. • Mr. Kevin Murphy, 7813 Arthur Drive — Mr. Murphy expressed concerns with drainage, traffic and safety and the applicant's financial ability. There being no one else wishing to speak, Mayor Trevino closed the public hearing. Councilman Welch raised point of order and requested Council allow rebuttal from Ms. Thomas. Council concurred with Councilman Welch's request. Ms. Thomas addressed the concerns expressed on her financial ability to perform. COUNCILMAN LOMBARD MOVED TO APPROVE SDP 2010 -01, ORDINANCE NO. 3124. COUNCILMAN LEWIS SECONDED THE MOTION.. City Council Minutes January 10, 2011 Page 8 MOTION TO APPROVE CARRIED 6 -1. MAYOR PRO TEM SAPP, COUNCILMEN LEWIS, LOMBARD, BARTH, TURNAGE AND WELCH VOTING FOR; COUNCILMAN WHITSON VOTING AGAINST. PLANNING & DEVELOPMENT D.1 RP 2010 -01 CONSIDERATION OF A REQUEST FROM RAMON GOHEEN FOR A REPLAT CREATING LOT 1B1, BLOCK 1, J. M. ESTES ADDITION (LOCATED AT 4028 RUFE SNOW DRIVE - 0.75 ACRES.) APPROVED Mr. Ramon Goheen, 4028 Rufe Snow, applicant, presented his request to replat the property to the north of his existing business to add a parking lot. Mr. John Pitstick, Director of Planning, summarized the request and presented the recommendation of the Planning and Zoning Commission. Applicant is proposing to replat two lots into a single lot creating a 0.75 -acre lot allowing him to expand his business. The Planning and Zoning Commission recommended approval of the request. MAYOR PRO TEM SAPP MOVED TO APPROVE RP 2010 -01, CREATING LOT 1B1, BLOCK 1, J.M. ESTES ADDITION. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC WORKS No items for this category. GENERAL ITEMS F.1 GN 2011 -001 AWARD OF CONTRACT TO THE CORBET GROUP, INC. IN THE AMOUNT OF $771,600 FOR THE INSTALLATION OF THE NEW WATER PARK ATTRACTION AT NRH2O APPROVED Mr. Joe Pack, Senior Park Planner, presented the item. The item is to award a construction contract to The Corbet Group, Inc. for the installation of a new water park attraction at NRH2O. Competitive Sealed Proposals were received for the installation of the attraction, construction of the receiving pool, tower, associated infrastructure, and City Council Minutes January 10, 2011 Page 9 expansion of the medical building. Six alternates were included to determine the values of specific project elements and to assist in developing a construction contract within the available funding. The alternates were: 1) The addition of five area lights leading up to the new attraction. 2) The installation of a separate electrical panel and conduit for lighting and audio, which would provide for a "special effects" package for the slide. 3) Providing CMU walls and a roof over the mechanical building expansion in lieu of providing a "pump pit" with a chain link fence. 4) Providing an eight foot wide sidewalk from the entrance of the Green Extreme to the new attraction in lieu of a five foot wide sidewalk. 5) Providing additional irrigation around the new slide. 6) Providing for a substantial completion date of June 1, 2011 in lieu of May 2, 2011. Staff is recommending awarding the contract to The Corbett Group, Inc. for the base bid, plus alternates 1 -5, for a total contract amount of $771,600. Alternate 6 did not provide adequate savings to justify moving the substantial completion date and disrupting the summer season with construction activities. The remaining balance in the budget ($41,210) will be used to provide construction materials testing, a shade canopy for structure and project contingencies. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2011 -001, AWARDING THE CONSTRUCTION CONTRACT TO THE CORBET GROUP, INC. IN THE AMOUNT OF $771,600 FOR THE INSTALLATION OF THE NEW WATER PARK ATTRACTION AT NRH2O. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action required. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. City Council Minutes January 10, 2011 Page 10 Mulch from recycled Christmas trees is available for residents to pick up, while supplies last, at Green Valley Park and at the city parking lot at the southeast corner of Rufe Snow Drive and Loop 820. Please bring your own container and shovel to load the mulch. For more information, contact Neighborhood Services at 817 - 427 -6650. Iron Horse Golf Course is currently booking its pavilion and clubhouse for 2011 weddings, graduation parties, retirement parties, receptions and more. To make a reservation for your next special event, call 817 - 485 -6666. Join us at the NRH Public Library each Saturday for free family films. Movies are shown in the Community Room starting at 2 p.m. Free popcorn is provided. Families are invited to bring snacks, drinks and floor cushions. For more details, please call 817 -427- 6814. Kudos Korner — Ricky Bryant, Lucio Valdez, Elija Dorminy and Kevin Jackson, Public Works Department. An e-mail was received from a resident expressing his thanks and appreciation to the employees who responded to a water main break on Christmas Day. "My neighbors and I would like to extend a warm thank you to these fine men for having a positive attitude and a determined work ethic especially on Christmas," the resident said. "It's men like this who make this city such a great place to live." H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:12 p.m. Oscar Tr no — M r ``�"CnH nLuurlrurghip /i o T: cia ity Secretary