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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 City Council Minutes 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