HomeMy WebLinkAboutCC 2011-02-14 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 — FEBRUARY 14, 2011
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
14 day of February 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
Dana Alden Assistant to City Manager
Mary Peters Public Information Officer
John Pitstick Director of Planning & Development
Larry Koonce Finance Director
Mark Mills Budget Director
Andy Jones Fire Chief
Craig Hulse Economic Development Director
Gregory VanNieuwenhuize Assistant Public Works Director
Mike Hamlin Assistant Police Chief
Jamie Brockway Purchasing Manager
Angel Bellard Utility Service Manager
CaII to Order
Mayor Trevino called the work session to order at 5:00 p.m.
A.1 Discuss Items from Regular City Council Meeting
There were no questions from the Council.
City Council Minutes
February 14, 2011
Page 2
A.2 Recreation Center Naming Recommendation
Councilman Turnage, Naming Board Chair, advised the Naming Board met and
considered five names selected by BrandEra for the recreation center. The five names
were also presented to the Park and Recreation Board. The name being
recommended to Council by the Naming Board was also selected by the Park and
Recreation Board as the preferred name for City Council consideration.
Ms. Vickie Loftice, Managing Director, advised BrandEra, a branding and
communications firm, was selected by the City to assist with the naming, logo, branding
strategic positioning and marketing /communications plan for the new Recreation
Center. Ms. Loftice introduced Beth Owens from Brand Era.
Ms. Owens presented a PowerPoint presentation reviewing the process for the
development of the name and presented the recommended name along with logo
development possibilities for the name. The name recommended to Council for
consideration was "NRH Union Centre ". Four possible logos were also presented.
After discussion and input from the Council, the majority of the Council members were
supportive of the name.
A.3 Water and Wastewater Rate Study
Mr. Larry Koonce, Finance Director, introduced the item. Council was advised the last
rate study was completed in 2005. A three -year phase in of rates was implemented
with the last rate increase going into effect in 2008. The City contracted with Mr. Reed
to determine revenue requirements from water and wastewater customers to meet the
cost of services for fiscal years 2011, 2012 and 2013. Mr. Koonce introduced Mr. Keith
Reed of Reed Municipal Services.
Mr. Keith Reed, Reed Municipal Services, 1101 Crowley Road, Arlington, presented a
PowerPoint presentation highlighting the results of his analysis of cost of services. Mr.
Reed presented to Council recommended rates for each water and wastewater
customer class, the effect the proposed changes will have on customers and a rate
comparison survey of surrounding cities. Council was advised the current water rate
structure did not promote conservation. Proposed is a rate structure that will promote
conservation by adding an irrigation step rate.
Council questioned the feasibility of adding a third step to reduce further the overall
usage of water. Council also discussed water bills showed usage in cubic feet and
questioned whether the City's software would allow the conversion of water usage from
cubic feet to gallons. Staff will check to see if the water usage can be shown on
City Council Minutes
February 14, 2011
Page 3
customer bills in gallons. The consensus of the Council was for Staff to continue
moving forward and bring the issue back as a discussion item during budget planning.
The rate changes will be incorporated into the FY 2011 -12 budget and after budget
deliberations, Council will consider an ordinance with the three -year rates to go into
effect in the fall of 2011.
A.4 North Richland Hills Police Department 2010 Annual Report
Mr. Jimmy Perdue, Director of Public Safety, presented a PowerPoint presentation
highlighting the Police Department's Annual Report for 2010. There was a slight
increase in crime compared to 2009 but comparative data over the past five years
indicates the numbers are in line with the overall trend. During 2010 there was
continued improvement in both efficiency and effectiveness in serving the community.
Chief Perdue highlighted the 2010 accomplishments and upcoming projects.
A.5 Police Department Racial Profiling Annual Report
Chief Perdue, Director of Public Safety, presented to Council the 2010 Racial Profiling
Report. Alex del Carmen, PH.D., of Del Carmen Consulting was hired to analyze the
data. The 2010 report shows the Department to be consistent in the racial /ethnic
composition of motorists it comes in contact with each year. Two racial profiling
complaints were receiving during 2010 and all were determined to be unfounded.
A.6 Quarterly Financial Status Report
Mr. Mark Mills, Budget Director, presented a PowerPoint presentation highlighting the
City's Quarterly Financial Status for the period ending December 31, 2010. Information
was presented on the major operating funds and their revenue and expenditures to
date in relation to expectations.
A.7 Quarterly Capital Improvement Project Status Report
Mr. Mark Mills, Budget Director, presented a PowerPoint presentation updating Council
on the status of the following capital improvement projects:
• Honey Lane Phase I and II
• Rufe Snow Drive Improvements (Mid Cities to Hightower)
• Shady Grove Road Street Improvements (Davis to Clay - Hibbins)
• Signalization at Davis Boulevard and Creek View Drive
• Boulevard 26 Multi -Use Trail
There were no questions from Council.
City Council Minutes
February 14, 2011
Page 4
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
Deliberate the Lease of City Property (Mineral Leases)
B.2 Executive Session: 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 -09)
Mayor Trevino announced at 6:41 p.m. that the Council would convene into Executive
Session as authorized by Chapter 551, Texas Government Code, pursuant to Section
551.072 to deliberate the lease of city property (mineral leases) and 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 February 14, 2011 at 7:06 p.m.
ROLL CALL
Present: Oscar Trevino Mayor
Ken Sapp Mayor Pro Tem, Council, Place 2
John Lewis Council, Place 1
City Council Minutes
February 14, 2011
Page 5
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:
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
Councilman Whitson gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Whitson led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S) -
KEEP NRH BEAUTIFUL GREEN CAMPUS AWARDS /ENVIRONMENTAL
EDUCATION GRANTS
Ms. Doris Tipps, Keep NRH Beautiful Commission member and Councilman Barth
presented the 2011 Green Campus Awards to representatives from the following
schools: Holiday Heights Elementary, North Ridge Elementary, Richland High School,
Smithfield Middle School, The Academy at Carrie F. Thomas Elementary and Walker
Creek Elementary. The Green Campus Award winners received $150.00 to be used
toward beautification of their school campus.
Ms. Doris Tipps and Councilman Barth presented the following 2011 Environmental
Education Grants:
• Holiday Heights Elementary — Outdoor Learning Center $1,000
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February 14, 2011
Page 6
• North Richland Middle School — Hummingbird Garden Planting $ 220
• Richland High School — Baseball Facility Landscaping $ 400
• The Academy at Carrie F. Thomas — Irrigation $380
A.4
CITIZENS PRESENTATION
None.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF JANUARY 24, 2011 CITY COUNCIL MEETING
B.2 PU 2011-005
A
UTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH
THE CITY OF CHINA GROVE
B.3 PU 2011 -006 RENEW ANNUAL CONTRACT WITH VMC LANDSCAPING
SERVICE FOR THE PARKS MOWING SERVICES
B.4 GN 2011 -011 AUTHORIZE CITY OF HURST PRECINCT LINE ROAD PUBLIC
SAFETY SERVICES MUNICIPAL BOUNDARIES AGREEMENT -
RESOLUTION NO. 2011 -007
B.5 GN 2011 -012 AUTHORIZE TEXAS GOVERNOR'S OFFICE CRIMINAL
JUSTICE PROGRAMS COMPETITIVE GRANT - RESOLUTION NO. 2011 -008
MAYOR PRO TEM SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LOMBARD
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C.0
PUBLIC HEARINGS
City Council Minutes
February 14, 2011
Page 7
C.1
ZC 2010 -09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
DARRELL JOHNSON AND ROBERT CRUEY FOR A ZONING CHANGE FROM C-2
COMMERCIAL TO U INSTITUTIONAL ON TRACT 9V, ABSTRACT 1606 LOCATED
AT 4247 ROAD TO THE MALL. (2.993 ACRES) - ORDINANCE NO. 3126
APPROVED
Mayor Trevino opened the public hearing.
Mr. Darrell Johnson, representing Northgate Church, applicant, requested approval of a
zoning change on a 2.993 acre parcel from C -2 (Commercial) to U (School, Church,
Institutional) for the purpose of constructing a church.
Mr. John Pitstick, Director of Planning, summarized the request and presented the
recommendation of the Planning & Zoning Commission. Churches are permitted in any
zoning district. A zoning change more accurately reflects the use of the property and
will permit a twenty -five foot setback from residential zones as opposed to the thirty -foot
setback required with all other zones. The zoning change will also allow for flexibility in
future signage options. The Planning and Zoning Commission recommended approval
of the request by a vote of 7 -0.
Mayor Trevino called for comments from those in favor of or opposition to the request.
There being no one wishing to speak Mayor Trevino closed the public hearing.
COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2010 -09, ORDINANCE No. 3126.
COUNCILMAN BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C.2
ZC 2010 -10 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BEN
JOHNSON TO REVISE AN EXISTING RESIDENTIAL PLANNED DEVELOPMENT
(PD 61) FOR WEST HIGHTOWER PLACE ADDITION LOCATED IN THE 6800
BLOCK OF HIGHTOWER DRIVE - ORDINANCE NO. 3127
APPROVED
Mayor Trevino opened the public hearing.
Mr. Ben Johnson, 1712 Oak Knoll Drive, Colleyville, applicant presented his request to
revise an existing residential planned development. Mr. Johnson advised he was not
asking to revise the standards or ask for concessions that would impact the quality of
City Council Minutes
February 14, 2011
Page 8
the development but was before Council to present his argument for the viability of the
subdivision as the market now exists. Since the time the project began in 2006 and
was approved in 2007 conditions have changed in the economy and housing industry.
Mr. Johnson explained that the lots served by the alley with the rear entry garages were
marketable, but the other lots (59 lots) with front access, rear entry detached garage
are not viable in today's market. Elimination of the rear detached garages will require a
plat revision from a 1 and 9 foot side setbacks to a 5 and 5 foot side setback. Staff
supported the request with the requirement that only 25 of the lots be converted to front
entry garages at this time and that all front entry lots be required to have staggered
front main building setbacks of 15 and 20 feet with no more than two identical setbacks
on adjacent lots. The Planning and Zoning Commission recommended approval for a
maximum of 30 lots to be converted to front entry garages. Mr. Johnson explained that
if not all of the lots are converted at one time, he will need to come back numerous
times to flip flop the lots as the lots are marketed. Mr. Johnson also explained that
limiting it to no more than two with the same setbacks would not enhance the viability
and would restrict the size of backyards. Mr. Johnson felt the curve a linear of the
streets will prevent the appearance of uniformity.
Mr. Johnson responded to questions from Council advising that the architectural
standards that are part of the ordinance will ensure the quality of the development and
the standards presented will be met. Mr. Johnson advised he had an architectural
review committee and explained his role in the committee.
Mr. John Pitstick, Director of Planning, summarized the case and presented the
recommendation of the Planning and Zoning Commission. The applicant proposes to
make several changes to the house plans. The primary change is moving from a rear
and side detached garage to a front entry attached garage on a majority of the lots. The
proposed new development has only 39% of the lots with rear entry. Eliminating the
rear detached garage product requires a plat revision from a 1 and 9 foot side setbacks
to a 5 and 5 foot setback. It also includes the elimination of small open space areas
which would be incorporated into adjoining lots. The major open space common areas
will be maintained including 17% of the subdivision. The application includes a
stipulation for all front entry garages to be setback a minimum of 5 feet behind the main
building and all front entry garages have two single garage doors with doors made of
wood or simulated wood with raised decorated accent panels. Staff initially
recommended approval of the request with the stipulation that only 25 lots of the 59 lots
be allowed to be converted to front entry garages at this time and that all front entry lots
be required to have staggered main building setbacks of 15 and 20 feet with no more
than two identical setbacks on adjacent lots. Once the initial 25 front entry lots have
been constructed, staff would support additional revisions to the planned development
to allow the city to review further building changes based on market conditions and
quality building and architectural controls at that time. The Planning and Zoning
Commission recommended approval for a maximum of 30 lots to be converted to front
entry garages with the stipulation that all allowed front entry lots be required to have
staggered front main building setbacks of 15 and 20 feet with no more than two
City Council Minutes
February 14, 2011
Page 9
identical setbacks on adjacent lots. Staff supports the recommendation of the Planning
and Zoning Commission.
There were no questions from Council.
Mayor Trevino called for comments from those in favor of or opposition to the request.
There being no one wishing to speak, Mayor Trevino closed the public hearing.
MAYOR PRO TEM SAPP MOVED TO APPROVE ORDINANCE No. 3127 WITH THE FOLLOWING
MODIFICATIONS — 1) TO HAVE CONSISTENT SETBACKS ON LOTS BUT THAT TO MAINTAIN THE
APPEARANCE AND AESTHETIC NATURE OF THE NEIGHBORHOOD THAT DRIVEWAYS AND THE
ARCHITECTURE PLANS ARE TO BE ALIGNED IN SUCH A WAY TO CREATE VARIETY AND THE
ELIMINATION OF A ROW HOUSE LOOK; 2) REQUIRE CORNER LOTS TO HAVE SIDE ENTRY GARAGES
AND 3) TO ACCOMMODATE THE CHANGES IN THE MARKET AND THE VIABILITY OF THE PROJECT
ALL OF THE LOTS BE APPROVED. COUNCILMAN WELCH SECONDED THE MOTION.
Councilman Whitson requested clarification on the motion. Councilman Whitson
questioned if the motion included those lots serviced by alleys.
Mayor Pro Tem Sapp clarified that it was only those lots with front access (59 lots).
MOTION TO APPROVE CARRIED 7 -0.
C.3
TR 2011 -01 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO
SECTIONS 118 -631 "TABLE OF PERMITTED USES" AND 118 -001 "DEFINITIONS"
OF THE NORTH RICHLAND HILLS ZONING ORDINANCE. PROPOSED
AMENDMENTS INCLUDE THE ADDITION OF THE FOLLOWING TWO PREVIOUSLY
UNLISTED USES TO THE TABLE: DRIVE - THROUGH RETAIL BUILDINGS (LESS
THAN 1,400 SQUARE FEET) AND ALTERNATIVE FINANCIAL ESTABLISHMENTS
(CHECK CASHING, PAYDAY ADVANCE OR LOAN BUSINESS, MONEY TRANSFER
BUSINESS OR CAR TITLE LOAN BUSINESS) AS WELL AS THE DEFINITIONS OF
THESE USES - ORDINANCE NO. 3128
APPROVED
Mayor Trevino opened the public hearing.
Mr. John Pitstick, Director of Planning & Development presented the item. Request is
to amend the permitted land use table by adding a listing for 1) a special use permit for
smaller drive through buildings less than 1,400 square feet in the CS (Community
Services)) HC (Heavy Commercial) 11 (Light Industrial) and 12 (Medium Industrial)
City Council Minutes
February 14, 2011
Page 10
zoning districts; and 2) a special use permit for alternative financial establishments in
the 12 (Medium Industrial) zoning district. Definitions for alternative financial
establishments are included in the proposed ordinance.
Mayor Trevino called for comments from those in favor of or opposition to the request.
There being no one wishing to speak Mayor Trevino closed the public hearing.
COUNCILMAN TURNAGE MOVED TO APPROVE TR 2011 -01, ORDINANCE No. 3128.
COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
D.0
PLANNING & DEVELOPMENT
Items to follow do not require a public hearing
No items for this category.
E.0
PUBLIC WORKS
No items for this category.
F.0
GENERAL ITEMS
No items for this category.
G.0
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
B.1
DELIBERATE THE LEASE OF CITY PROPERTY
(MINERAL LEASES)
City Council Minutes
February 14, 2011
Page 11
Mr. Jared Miller, Assistant City Manager, presented the item. The City received an offer
from Chesapeake Energy to lease approximately 3.77 acres of minerals under five
small tracts in three separate locations for a bonus of $5,250 per acre with a three -year
lease term and 25% royalties. The City will receive a bonus of $19,792.50. Two of the
tracts, totaling 0.33 acres, are located on Green Valley Drive near Davis Boulevard.
Two of the tracts, totaling 2.88 acres are located south of Amundson Drive near
Simmons Road. The final tract, 0.56 acres, is located at the southwest corner of
Chapman Road and Central Avenue.
COUNCILMAN LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN OIL AND
GAS LEASE FOR APPROXIMATELY 3.77 ACRES OF PROPERTY. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION CARRIED 7 -0.
H.0
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Councilman Welch made the following announcements.
Registration is underway for Camp NRH, which will be held at the NRH Recreation
Center March 14th through 18th during Spring Break. A Tennis Camp and an Art Camp
are also being offered during Spring Break. All 3 camps are open to children ages 6 to
12. For more details, please call the Recreation Center at 817 - 427 -6600.
The NRH Fire Department conducts CPR classes each month for the community. The
next class is scheduled from 6 p.m. to 10 p.m. on Thursday, February 17th. The cost is
$25. The CPR classes are American Heart Association approved and each participant
will receive a book and course completion card. To register or get more details, please
call 817- 427 - 6901.
Kudos Korner — Staff, NRH Public Library. A note was received in the library book drop
thanking the City and all of the staff at the NRH Public Library for providing such
splendid library resources, especially in the children's department. "My 5 year old and I
love this library and the large collection of books and DVDs. Thank you so much ", the
note said.
On February 4, 2011, the City received an email thanking a member of the City of North
Richland Hills team for helping get his vehicle unstuck from the icefall in the recent
City Council Minutes
February 14, 2011
Page 12
winter storm. The resident noted that the man was wearing a tuxedo and he told him
he was on his way to represent the City of North Richland Hills at a Super Bowl event in
Fort Worth. The resident wrote, "You drove away before I could thank you for your kind
civic duty helping me get my truck unstuck. Hope you enjoyed the Super Bowl get -
together. Thanks so much for your help." It turns out to be that the person providing
assistance was none other than our own Mayor, Oscar Trevino. Thanks for setting
such a great example and extending the definition of civic duty.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:13 p .
Imo'
Oscar Trevino — Mayor
ATTEST:
O te/1/(Cla.' - 26iletliat--
Patricia Hutson, City Secretary