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HomeMy WebLinkAboutCC 2011-03-07 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 — MARCH 7, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 7 th day of March 2011 at 6:00 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 Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Dana Alden Assistant to City Manager Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Gregory VanNieuwenhuize Assistant Public Works Director Dave Pendley Building Official Sean Hughes Emergency Management Coordinator Andrew Jones Fire Chief Andy Kancel Assistant Police Chief Chris Swartz NRH Park Manager JoAnn Stout Neighborhood Services Director Stephanie East Environmental Health Supervisor Call to Order Mayor Trevino called the work session to order at 6:00 p.m. City Council Minutes March 7, 2011 Page 2 Mayor Trevino recognized Ms. Sally Proffitt from Tarrant County College Northeast and students from her Business Leadership course. A.1 Discuss Items from Regular City Council Meeting Agenda Item C.1, SUP 2010 -07 — Mayor Trevino questioned if the continuance was based only on the applicant needing to make changes to the site plan. Mr. Pitstick advised the applicant was requesting a continuance to enable him to bring back a revised site plan that would detail the signage and landscaping amendments approved by the Planning & Zoning Commission at their meeting Agenda Item C.2, SUP 2011 -02 — Mayor Trevino commented that the applicant was running a business from the home and questioned if the applicant had been advised of available commercial areas. Mr. Pitstick advised that Staff first learned that the home was not the applicant's primary residence during the Planning and Zoning meeting. Staff has since pointed out to the applicant that the structure will have to be used as a permanent residence before any customary home occupation would be allowed. Agenda Item CA, GN 2011 -010 — Mayor Trevino advised that the item would be heard by the Sign Review Board after the adjournment of the City Council meeting. A.2 Recreation Center Naming Recommendation Update Councilman Turnage advised that following the February 14 Council work session in which the naming of the recreation center was discussed by Council, the Naming Board met to further discuss the naming of the recreation center. The Naming Board arrived at two names for Council's consideration. The Naming Board is unanimously recommending NRH Centre, as the preferred name. The second name presented to Council for consideration is NRH Community Centre. After a brief discussion by Council, the consensus was to name the facility NRH Centre. The item will be formally considered at the March 28 City Council meeting. A.3 Presentation of New Grant Funded CERT Web -site Mr. Sean Hughes, Emergency Management Coordinator, presented to Council the North Richland Hills Community Emergency Response Team's (CERT) new website. Council was given a demonstration of the different features of the website. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the followinq as authorized by Chapter 551, Texas Government Code City Council Minutes March 7, 2011 Page 3 B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) City of North Richland Hills v. Laura Friend, et al (No. 02 -09- 00166 -CV) 2) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09): 3) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09) Mayor Trevino announced at 6:17: p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to 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). Mayor Trevino reconvened the meeting in open session at 6:20 p.m. and announced that the Council would convene into Executive Session at 6:20 p.m. as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 for consultation with Attorney regarding pending litigation 1) City of North Richland Hills v. Laura Friend, et al (No. 02 -09- 00166 -CV) 2) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 3) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09) C.0 Adiournment Mayor Trevino announced at 6:39 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 March 7, 2011 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tern, 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 March 7, 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 Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. Mayor Trevino recognized Ms. Sally Proffitt from Tarrant County College Northeast and students from her Business Leadership course. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30, 2009 Mr. Larry Koonce, Finance Director, introduced Mr. Fred Werner, Director of Finance, City of Grapevine and representing the Government Finance Officers Association of Texas. Mr. Fred Werner presented the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Financial Report to the City. The City has received the Certificate of Achievement Award for the last 27 years. Fifteen percent of the cities City Council Minutes March 7, 2011 Page 5 in the State of Texas and five percent of the cities in the United States received the award. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) ANNUAL BUNNY AND BEAR DRIVE PRESENTED BY HALEY WHATLEY Ms. Haley Whatley presented the Council with a memento from her 11 Annual Bunny & Bear Drive benefiting Cook Children's Medical Center in Fort Worth. A few years ago, Ms. Whatley was selected by the National Association of School Principals to be the Community Service Ambassador for the State of Texas and traveled to Washington, D.C. She was proud to be from the City of North Richland Hills and shared with our senators all the good work the community has done and will continue to do. A.5 CITIZENS PRESENTATION Mr. Charles Cole, 6125 Riviera Drive, wanted to compliment Patrolman McGuire for his politeness and thoughtfulness he displayed when he came to his home after his house alarm went off. He also wanted to again bring to the attention of Council the importance of recycling in the city for future generations and to again bring to the attention of Council the second hole tee box at Iron Horse Golf Course. Mayor Trevino asked Mark Hindman, City Manager to update the Council at a future Work Session on the status of the second tee box. Mr. Hindman stated that there was a current paper drive benefiting the Animal Shelter and paper recycle bins could be found at our local Walmart. 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 FEBRUARY 28, 2011 CITY COUNCIL MEETING City Council Minutes March 7, 2011 Page 6 B.2 PU 2011 -009 REVISE THE FY201012011 CAPITAL PROJECTS BUDGET IN THE AMOUNT OF $41,958 AND AWARD THE BID FOR REPLACEMENT OF THE GREEN EXTREME SWITCHGEAR TO HURST ELECTRIC IN THE AMOUNT OF $41,958 COUNCILMAN LOMBARD MOVED To APPROVE THE CONSENT AGENDA. MAYOR PRO TEM SAPP SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS C.1 SUP 2010 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARFA GROUP LLC FOR A SPECIAL USE PERMIT (SUP) FOR AN AUTO RENTAL BUSINESS AT 7109 BOULEVARD 26. (REQUESTED CONTINUANCE BY APPLICANT) CONTINUANCE Mayor Trevino opened the Public Hearing and stated that the applicant was requesting a continuance on the item. MAYOR PRO TEM SAPP MOVED TO CONTINUE SUP 2010 -07. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 ZC 2011 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JANET HALLMAN FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R1 SINGLE FAMILY ON LOT 2, BLOCK 1, FRENCH ADDITION LOCATED AT 8808 AMUNDSON DRIVE - ORDINANCE NO. 3131 DENIED Mayor Trevino opened the public hearing and called on the applicant to come forward. Doug Hallman, 8801 Amundson Drive, came forward. Mr. Hallman stated that they were requesting that the zoning be changed from AG to R -1 Single Family to use as a home. He was available to answer any questions. City Council Minutes March 7, 2011 Page 7 Councilman Whitson questioned that the P &Z report to Council stated that the home would be used as a counseling business. Mr. Hallman stated that they were applying for a home occupation permit which counseling was listed as one of the home occupations. John Pitstick, Planning and Development Director, summarized the item. The property owner, Janet Hallman, is requesting a zoning change on a 0.782 acre parcel from AG (Agricultural) to R -1 (Single family). The applicant desires to operate a counseling business in the home. Although this is an approved home occupation according to the Code of Ordinances, home occupations are not permitted in the AG district. This change in zoning would accomplish both the goal of bringing the business activity on the property into conformance as well as properly zoning a single family home. At this point staff is supportive of the rezoning from Agricultural to R1, but has some concerns regarding the proposed use as a customary home occupation. From a principal standpoint staff is opposed to rezoning the property to a residential use (R1) if the primary intended use is essentially of a commercial nature. The Planning & Zoning Commission recommended approval by a 5 -0 vote. Councilman Turnage asked Mr. Pitstick if this location would be the Hallman's primary residence? Mr. Pitstick stated that the Hallman's have indicated that it would be. The home will have to be the primary residence before a customary home occupation would be allowed. Mayor Trevino asked Mr. Pitstick how the City would know if the location would be used as a primary residence or as a commercial counseling business? Mr. Pitstick stated that it would be difficult to monitor but would have to rely on neighbors to call in a complaint. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. Johnathan Killebrew, 4012 Penny Royal, Keller, Texas, a third party inspector, came forward. Mr. Killebrew stated that in his opinion this was a home which consisted of a bedroom, kitchen, bathroom and an office like many other homes. In his opinion allowing the Hallman's to rezone to an R -1 zoning would benefit the City because an R- 1 zoning has more restriction than an AG zoning. After remodeling the home, the Hallman's were advised by the City to rezone the property from AG to R -1 because AG did not allow a home occupation. Mayor Trevino called for anyone wishing to speak against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. City Council Minutes March 7, 2011 Page 8 COUNCILMAN WELCH MOVED TO APPROVE ZC 2011 -02. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE FAILED 3-4, COUNCILMAN WELCH, COUNCILMAN BARTH, AND COUNCILMAN LEWIS VOTING FOR THE APPROVAL AND MAYOR PRO TEM SAPP, COUNCILMAN TURNAGE, COUNCILMAN LOMBARD, AND COUNCILMAN WHITSON VOTING AGAINST THE APPROVAL. Mayor Trevino announced that motion failed and called for another motion. MAYOR PRO TEM SAPP MOVED TO DENY ZC 2011 -02; ORDINANCE NO. 3131. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO DENY CARRIED 4 -3, MAYOR PRO TEM SAPP, COUNCILMAN LOMBARD, COUNCILMAN WHITSON AND COUNCILMAN TURNAGE VOTING FOR DENIAL AND COUNCILMAN LEWIS, COUNCILMAN BARTH, AND COUNCILMAN WELCH VOTING AGAINST DENIAL. Councilman Welch left the Council Meeting at 7:26 p.m. C.3 ZC 2011 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BRIAN JAMES FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R1 SINGLE FAMILY ON TRACT 2T, ABSTRACT 1055 LOCATED AT6832 CLIFT STREET - ORDINANCE NO. 3130 APPROVED Mayor Trevino opened the public hearing and announced that Councilman Welch would be abstaining from item C.3. Councilman Welch was the Engineer on record for the project. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Engineer consultant for the applicant. Mayor Trevino called on the applicant Brain James to come forward. Brian James, 8920 Rumfield Road, came forward. Mr. James stated that he was requesting a zoning change from AG zoning to R -1 zoning in order to build a home on one of the lots. After the zoning change, the property will be split into three lots. Mr. James will be building his home on one lot and selling the other two lots. City Council Minutes March 7, 2011 Page 9 John Pitstick, Planning and Development Director, summarized the item. The applicant, Brian James, is requesting a zoning change on a 2.237 acre parcel from AG (Agricultural) to R -1 (Single Family). Mr. James is proposing to divide the tract into three lots for the construction of single - family homes. He plans to build his personal home on one of the lots and sell the remaining two. The Planning & Zoning Commission recommended approval by a 5 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN TURNAGE MOVED TO APPROVE ZC 2011 -01; ORDINANCE NO. 3130. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1, COUNCILMAN WELCH ABSTAINING. C.4 GN 2011 -020 PUBLIC HEARING TO CONSIDER SIGN VARIANCE REQUEST SRB 2011 -02 REGARDING SECTION 106(12) OF THE CODE OF ORDINANCES BY GOLDEN CORRAL RESTAURANT LOCATED AT 7660 BOULEVARD 26 REMOVED Mayor Trevino announced that item CA was being removed from the City Council Agenda to be discussed and voted on during the Sign Review Board Meeting immediately following the City Council Meeting. Mark Hindman, City Manager left the Council Meeting at 7:34 p.m. Councilman Welch and City Manager, Mark Hindman returned to the Council dais at 7:35 p.m. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS City Council Minutes March 7, 2011 Page 10 No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -018 PRESENTATION OF FISCAL YEAR 2010 AUDITED FINANCIAL REPORT APPROVED Mr. Larry Koonce, Finance Director, presented the 2010 Fiscal Year Audited Financial Report advising of year -end results and fund balance data for the various funds. Mr. Terry Kyles from the independent audit firm of Deloitte and Touche presented the audit opinion and report. The auditor's opinion was an unqualified opinion or a "clean" opinion meaning that they found the Financial Statements of the City to fairly represent the City's financial position. COUNCILMAN WHITSON MOVED TO APPROVE GN 2011 -018 ACCEPTING THE 2010 FISCAL YEAR AUDITED FINANCIAL REPORT AS PRESENTED. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 PU 2011 -010 AUTHORIZING THE PURCHASE OF PROXIM TRAFFIC SIGNAL RADIO COMMUNICATION EQUIPMENT FROM ANIXTER, INC. IN THE AMOUNT OF $40,478.27 AND SOLE SOURCE RADIO COMMUNICATION EQUIPMENT INSTALLATION THROUGH JTS IN THE AMOUNT OF $52,974.38 APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. This item is a request for authorization to purchase and install traffic signal radio communication equipment at signalized intersections along Rufe Snow Drive from Meadow Lakes Drive to Starnes Road, Mid - Cities Boulevard from Holiday Lane to Home Depot/Birdville Fine Arts Complex, and Holiday Lane from Lola Drive to Dick Lewis Drive. This project includes a turn key implementation by Anixter, Inc. and JTS in the amount of $93,452.65. This signal radio communication equipment is being purchased as part of the Capital Improvement Project ST1004, the Traffic Signal Light Adaptive System. Funding for the project was approved by Council in the Capital Improvements Budget for Fiscal Year 2010/2011. Council also approved a grant through the American Recovery and Reinvestment Act (ARRA) for stimulus funds on February 8, 2010 that City Council Minutes March 7, 2011 Page 11 will help cover some of the equipment cost. The real time operation will optimize the signal timing plans which will reduce stops, travel time, delay and fuel consumption for motorists traveling along the arteries. COUNCILMAN WELCH MOVED TO APPROVE PU 2011 -010 AUTHORIZING THE PURCHASE OF PROXIM TRAFFIC SIGNAL RADIO COMMUNICATION EQUIPMENT FROM ANIXTER, INC IN THE AMOUNT OF $40,478.27 AND SOLE SOURCE RADIO COMMUNICATION EQUIPMENT INSTALLATION THROUGH .ITS IN THE AMOUNT OF $52,974.38 FOR A GRAND TOTAL OF $93,452.65. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2011 -020 SUPPORT PROPOSED RESOLUTIONS OF THE 35W COALITION APPROVED Karen Bostic, Assistant City Manager, presented the item. The City of North Richland Hills, as a member of the 35W Coalition, has been asked to support two resolutions that have been proposed by the Coalition. The 35W Coalition has supported improving mobility along north IH35W, northeast IH820 and SH121/183 Airport Freeway through the use of innovative funding concepts, public private partnerships and other funding alternatives. The first resolution supports the use of public - private partnerships to specifically enable the completion of all segments of the North Tarrant Express. The second resolution the Coalition is seeking city support for the delivery of IH35E and SH183 by the Texas Department of Transportation through public - private partnerships, specifically IH35E managed lanes from US380 to IH635 and SH183 managed lanes from SH161 to IH35E/Trinity Parkway. MAYOR PRO TEM SAPP MOVED To APPROVE GN 2011 -020 IN SUPPORT OF THE PROPOSED RESOLUTIONS OF THE 35W COALITION. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. City Council Minutes March 7, 2011 Page 12 H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. More than 140 local businesses are now participating in the Shop NRH program and offering exclusive discounts and coupons to residents. To take advantage of these special offers, log on to the website shopnrh.com. The NRH Recreation Center is offering several art classes for adults this spring. Upcoming classes include jewelry making, screen printing and painting. To register or get more information, contact the Recreation Center at 817 - 427 -6600. A Job Seekers Help Group meets from 6:30 p.m. to 7:30 p.m. each Thursday at the NRH Public Library. Participants will receive resume, cover letter and interview advice from experts and other job seekers. Call the Library at 817 - 427 -6814 for more details. Kudos Korner - Wesley Millsap, Public Works Department — A resident wrote the City to express thanks for the prompt and courteous response he received to a water service call on New Year's Day. "Wesley was pleasant, efficient and made a great impression on everyone," the resident stated. The resident said he tried to tip Wesley for troubling him on a holiday and he politely declined citing policy. "This gentleman is a true professional, an honorable city employee," the letter said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:48 p.rrL. Oscar Trevino — Mayor .� nnrru .... Lq / ,� c T: Pt ° y ✓ ' �trtcia s ity Secretary