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Home My WebLink AboutCC 2011-08-08 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 — AUGUST 08, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 8 day of August 2011 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 David Whitson Council, Place 5 Scott Turnage Council, Place 6 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 Joann Stout Neighborhood Services Director Mark Mills Budget Director Craig Hulse Economic Development Director Gregory VanNieuwenhuize Assistant Public Works Director Mike Hamlin Assistant Police Chief Stephanie East Environmental Health Supervisor Kristin Weegar Sr. Mgmt. Asst. — Dev. Services Absent Tim Welch Council, Place 7 Call to Order Mayor Trevino called the work session to order at 5:30 p.m. City Council Minutes August 8, 2011 Page 2 A.1 Discuss Items from Regular City Council Meeting Agenda Item C.2 — ZC 2011 -09 — Councilman Whitson questioned why this QuikTrip location was requesting a sign height variance and the other QuikTrip locations in the city did not need a variance. Mr. Pitstick explained the square footage of the sign is no larger but instead of the two allowed seven -foot monument signs, QuikTrip is requesting one eight -foot monument sign. A.2 Community Improvement Program Task Force Report Councilman Whitson, Chair of the Community Improvement Program Task Force, reported on the committee's work over the summer. The Task Force, comprised of a diverse and representative group of community members who are leaders in their neighborhoods, businesses or churches, met throughout the summer for the purpose of making a recommendation to the City Council on the City's future needs. The Task Force was broken down into two sub - committees, Facilities Sub - Committee and Streets Sub - committee. Councilman Whitson recognized the two sub - committee chairs, Councilman Lombard Chair of the Facilities Sub - Committee and Councilman Rodriguez, Chair of the Streets Subcommittee. Councilmen Lombard and Rodriguez introduced their sub - committee members that were present and expressed appreciation for their work. Councilman Whitson presented the overall preliminary recommendations of the two sub - committees. The Streets sub - committee reviewed the conditions of the city's roadways taking into account the community impact the streets might have on traffic flow, adjacency, or traffic volume. The sub - committee was able to define their goals and priorities and to bring forward a list of residential and collector street projects they believe the community will support. A number of street projects were prepared that will address needs in a prioritized manner according to available funding. The Facilities sub - committee was given a historical review of current city facilities, which included their age, size, issues and potential impact caused by the Loop 820 expansion. The sub - committee considered several options for future growth and expansion of city facilities. Because of several unresolved issues, the Task Force is not ready to make specific recommendations to the Council. The Task Force is recommending that they spend more time to clarify unresolved issues and bring back a recommendation to the Council later in the year. In response to questions from the Council, Councilman Whitson advised the Task Force was willing to continue their efforts and would most likely meet on a monthly basis for the remainder of the year. 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 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City City Council Minutes August 8, 2011 Page 3 of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property — southeast quadrant of City Mayor Trevino announced at 5:55 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: • Section 551.071 for consultation with attorney regarding pending litigation for 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) and • Section 551.072 to deliberate the purchase exchange, lease or value of real property in the southeast quadrant of the City. C.0 Adjournment Mayor Trevino announced at 6:09 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 August 8, 2011 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Staff: Mark Hindman City Manager City Council Minutes August 8, 2011 Page 4 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 Absent: Tim Welch Council, Place 7 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) No items for this category. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED City Council Minutes August 8, 2011 Page 5 B.1 APPROVAL OF MINUTES OF JULY 25, 2011 CITY COUNCIL MEETING COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. PUBLIC HEARINGS C.1 ZC 2011 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ANTHONY SWARTZ FOR A REVISED RESIDENTIAL PLANNED DEVELOPMENT (R -PD) LOCATED AT 6150 BROWNING DRIVE, 11.73 ACRES) - ORDINANCE NO. 3150 APPROVED Mayor Trevino opened the public hearing. Mr. Anthony Swartz, applicant, came forward and presented a request for a revised residential planned development to build 188 new apartment units as part of phase II of the Bluffs at Iron Horse apartment complex. Mr. Swartz also introduced Michael Smith, Humphreys and Partners Architects, project architect. Mr. Swartz presented pictures of the existing project, advised of additional amenities that had been added to phase I, presented the site plan for phase II and advised of improvements planned for phase II. Mr. John Pitstick, Director of Development, summarized the item. In 1998 a planned development was approved for the property for two phases of apartments including 302 units in phase I and 198 units in phase II. Phase I was completed in 2001. The required date to obtain building permits for phase II expired on July 30, 2001. Mr. Pitstick discussed the background on the inclusion of the property in the Iron Horse Transit Oriented Development (TOD) zoning requirements. Council was advised the owners are now requesting to be removed from the proposed Iron Horse TOD zoning requirements and the reasons for their request. The requested site plan includes improved architectural features, pedestrian connectivity to the Cottonbelt regional trail along the railroad and building sound mitigation on all buildings facing the railroad. The applicant is requesting the following variances as part of the Planned Development • Requesting 75% masonry for 2 -story buildings and 85% masonry for 3 -story buildings. Applicant is requesting compatibility with phase I which only has 50% masonry, new architectural features including latest energy code, wood or simulated garage doors, decorative doors and windows. • Recreational space Tess than 10% for phase II to be shared with phase I — fitness center, dog park, barbeque grills, swimming pool, sand volleyball, heated City Council Minutes August 8, 2011 Page 6 spas, lap pool, basketball court, billiards room, media room, coffee bar, snack shop. New recreational amenities for phase II include internal pedestrian sidewalk access to regional Cottonbelt trail and directional signage to all amenities. The Planning and Zoning Commission recommended approval on July 2. Staff recommends approval of this conventional garden apartment complex because it serves as a natural expansion and improvement to the existing phase I and was previously planned and approved for multi - family living. There were questions from Council on adding a requirement for fiber cementitious materials in non - masonry areas for sustainability and the lighting planned along the trail. Mayor Trevino called for comments from those in support of or opposed to the request. Mr. Dale Jenkins, 8001 Limerick Lane, expressed his opposition to apartments in the City. There being no one else wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN SAPP MOVED TO APPROVE ZC 2011 -08, ORDINANCE No. 3150 AND AMEND THE SITE PLAN TO INCLUDE THE USE OF FIBER CEMENTITIOUS MATERIALS IN TRIM AREAS WITH THE EXCEPTION OF STAINED CEDAR WHERE IT MIGHT BE APPLIED AS AN ARCHITECTURAL ELEMENT AND TO INCLUDE THE LIGHTING ALONG THE TRAIL AS PREVIOUSLY SPECIFIED BY THE PLANNING & ZONING COMMISSION. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.2 ZC 2011 -09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM QUIKTRIP CORPORATION FOR A ZONING CHANGE FROM C -2 COMMERCIAL TO A REDEVELOPMENT PLANNED DEVELOPMENT (RD -PD) ON TWO LOTS (LOCATED AT 7537 & 7541 BOULEVARD 26, 1.71 ACRES) - ORDINANCE NO. 3151 APPROVED Mayor Trevino opened the public hearing. Mr. Jake Barron, 1120 North Industrial Blvd, Euless, representing QuikTrip presented a request for a zoning change from C -2 commercial to a RD -PD redevelopment planned development on a parcel located at the northwest corner of Boulevard 26 and Road to the Mall. The convenience store and gas station will be QuikTrip's third location in City Council Minutes August 8, 2011 Page 7 North Richland Hills and as opposed to the other location requires a couple of variances. Proposed for this location is the Generation III store with a new concept of three way entry with a 16 ft. offset, new architectural features and changing of monument sign. Mr. Barron presented the proposed architectural features and landscaping. Mr. Barron advised of the requested variances and explained the reasons for the variance requests. The two variances requested are an 8 -foot tall monument sign in lieu of a typical 7 -foot tall monument sign and a flat canopy in lieu of the required pitched roof canopy. Mr. Barron advised that at the Planning & Zoning meeting there was discussion on removing all above ground power poles and burying all utilities. QuikTrip would like to keep the one service pole in its current location that is the feeder. Mr. John Pitstick, Director of Planning, presented a summary of the item and presented the recommendation of the Planning & Zoning Commission. QuikTrip will share a driveway with Harbor Freight to the west and there will be a deceleration lane off Boulevard 26. QuikTrip proposes to dedicate 5 feet of right of way for the future improvements of Boulevard 26. Landscaping is provided throughout the site with between 15 to 20 feet of landscaped buffers along Boulevard 26 and Road to the Mall exceeding current requirements. Mr. Pitstick reiterated the variances previously discussed by Mr. Barron and advised the sign variance request includes a reduction in overall signs from two allowed monument signs to only one and the removal of all above ground power poles offsets the flat canopy structure. The new convenience store will include two front entrances and an outdoor seating area. Mr. Barron clarified that there would not be an outdoor seating area at this location. The Planning and Zoning Commission recommended approval of the planned development as presented. A letter of opposition was presented and spokesman from Horizon Food Mart and Shell station north of this site attended the Planning & Zoning meeting protesting against this case because of concerns over competition from QuikTrip. Mr. Pitstick advised Staff is recommending that all power poles be removed and if significant issues arise, the site plan can be revised. Mayor Trevino called for comments from those in support of or opposed to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2011 -09, ORDINANCE No. 3151 WITH THE STIPULATION THAT ALL POWER POLES BE ELIMINATED. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. City Council Minutes August 8, 2011 Page 8 D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. There were no items for this category. PUBLIC WORKS E.1 PW 2011 -029 AWARD A PROFESSIONAL SERVICES AGREEMENT TO COBB, FENDLEY & ASSOCIATES, INC. IN THE AMOUNT OF $323,192.50 FOR THE TIF 1 EXPANSION — INTERSECTION IMPROVEMENTS /UTILITY BURIAL PROJECT (ED0601) APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being requested to award a professional services contract for the CIP Project identified as "TIF 1 Expansion — Intersection Improvements /Utility Burial ". The professional services portion of the project will consist of preliminary design, survey and subsurface utility engineering of the "west" side of Boulevard 26 from approximately 100 feet "south" of the intersection of Boulevard 26 and Rufe Snow Drive to approximately 450 feet "north" of the intersection of Boulevard 26 and Glenview Drive, a distance of 5,300 lineal feet. Also included within the 5,300 lineal foot corridor will be final design services, easement and /or right -of -way document preparation and construction administration for 2,500 lineal feet. In accordance with the City's policy for procuring professional services, Staff is recommending the award of a professional services agreement to Cobb, Fendley & Associates for the design of the project. Staff has negotiated a professional service fee to consist of a base design fee, a fee for special services and a fee for additional n e ineerin services. Staff also negotiated g g got ated a fee in the event that funding becomes available to bury in excess of the 2,500 lineal feet of utilities that the current agreement contemplates. The total amount of the professional services agreement for the project is $323,192.50. COUNCILMAN RODRIGUEZ MOVED TO APPROVE PW 2011 -029 TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT TO COBB, FENDLEY & ASSOCIATES, INC. IN THE AMOUNT OF $323,192.50 FOR THE TIF 1 EXPANSION — INTERSECTION IMPROVEMENTS /UTILITY BURIAL PROJECT (EDO601). COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. City Council Minutes August 8, 2011 Page 9 E.2 PW 2011 -030 APPROVE A UTILITY ASSEMBLY (183 -U -0506) FOR THE CITY'S UTILITY RELOCATIONS AS PART OF THE NORTH TARRANT EXPRESS PROJECT APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being asked to approve the necessary documents authorizing Bluebonnet Contractors to relocate the City's utility infrastructure immediately east of the SH 121/SH 183 interchange allowing the North Tarrant Express Project to continue to proceed. Bluebonnet Contractors is the construction arm of North Tarrant Express Mobility Partners, developer of the North Tarrant Express project. The documents consist of TxDOT's Utility Adjustment Checklist, Master Utility Adjustment Agreement, Cost Estimate for Utility Assembly (183 -U- 0506), Water & Wastewater Facility Abandonment and Utility Joint Acknowledgement Reimbursable Utility Adjustment. These documents comprise the majority of the "Utility Assembly (183 -U- 0506)" instrument. It is estimated that the costs to relocate the City's utilities immediately east of the SH121 /SH 183 interchange are $650,073.88 and the City's portion of this amount is $35,036.94. There is funding in the Capital Projects Budget to cover the City's share of the utility relocation costs. COUNCILMAN TURNAGE MOVED TO APPROVE PW 2011 -030, APPROVING THE UTILITY ASSEMBLY (183 -U -0506) FOR THE CITY'S UTILITY RELOCATIONS AS PART OF THE NORTH TARRANT EXPRESS PROJECT. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. GENERAL ITEMS F.1 GN 2011 -058 SETTING DATE FOR PUBLIC HEARINGS FOR 2011 -2012 CITY BUDGET, PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION AND CRIME CONTROL AND PREVENTION DISTRICT BUDGETS APPROVED Councilman Turnage left the Council dais. Mr. Mark Mills, Director of Budget, presented the item. Council is being asked to set dates for the budget public hearings. The times being proposed are different from those listed on the staff report to Council. Staff is recommending Council set the date for the public hearings on August 22, 2011 for the Park and Recreation Facilities Development Corporation at 6:30 p.m., the Crime Control and Prevention District at 7:00 p.m., and the annual city budget public hearing will be held during the regular 7:00 p.m. Council meeting that will immediately following the Crime Control meeting. The City Council Minutes August 8, 2011 Page 10 proposed budget is available on the City's website, at the City Secretary's office and the North Richland Hills Public Library. COUNCILMAN SAPP MOVED TO APPROVE GN 2011 -058, SETTING THE DATE FOR THE PUBLIC HEARINGS ON THE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION AT 6 :30 P.M., THE CRIME CONTROL AND PREVENTION DISTRICT AT 7:00 P.M. AND THE ANNUAL CITY BUDGET DURING THE REGULAR 7 :00 P.M. CITY COUNCIL MEETING ON AUGUST 22, 2011. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0; COUNCILMAN TURNAGE NOT PRESENT. F.2 GN 2011 -059 SETTING THE DATE FOR THE TAX RATE PUBLIC HEARING AND VOTE ON PLACING THE TAX RATE ADOPTION ON THE AGENDA OF THE SEPTEMBER 12, 2011 CITY COUNCIL MEETING APPROVED Councilman Turnage returned to the Council dais. Mr. Mark Mills, Director of Budget, presented the item. In follow up to the 2011 -2012 Budget Work Session, Council is being asked to begin the process to establish a tax rate for the next fiscal year. Staff proposed during the work session a tax rate of 57¢ per $100 of taxable valuation, which is the same tax rate as the current year. If approved, this will be the 19 consecutive year the tax rate has been 57¢. The proposed tax rate of 57¢ is below the effective tax rate of 58.1718¢ and the rollback rate of 60.5946¢. State law requires two public hearings to be conducted if the tax rate exceeds the lower of the rollback tax rate or the effective tax rate. The City is not required to conduct the two public hearings, but will however hold during the regular August 22 City Council meeting a single tax rate public hearing. State law also requires the Council vote to place the adoption of the tax rate on a future Council agenda for action. The date for the vote is planned for September 12, 2011. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -059, TO SET AUGUST 22, 2011 AS THE DATE FOR A PUBLIC HEARING ON THE PROPOSED TAX RATE OF 57¢ PER $100 OF TAXABLE VALUATION AND TO PLACE THE ADOPTION OF THE TAX RATE ON THE SEPTEMBER 12, 2011 CITY COUNCIL AGENDA . MAYOR PRO TEM BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 City Council Minutes August 8, 2011 Page 11 GN 2011 -060 AMENDMENT TO NRH CODE OF ORDINANCES, CHAPTER 18, ARTICLE IV, FOOD ESTABLISHMENT ORDINANCE- ORDINANCE NO. 3145 APPROVED Ms. Stephanie East, Environmental Health Supervisor, presented the item. During the July 11 work session, Council was presented with updates to the Food Establishment Ordinance. Most of the changes reflect current policy and include updates and clarifications to set specific guidelines for new construction and remodeled facilities, outline the administration of re- inspection fees and changes intended on encouraging businesses to internally regulate their operations. MAYOR PRO TEM BARTH MOVED TO APPROVE GN 2011 -060, ORDINANCE No. 3145. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.4 GN 2011 -061 AMENDMENT TO NRH CODE OF ORDINANCES, CHAPTER 18, ARTICLE II, CHILD CARE ORDINANCE — ORDINANCE NO. 3153 APPROVED Ms. Stephanie East, Environmental Health Supervisor, presented the item. During the July 11 work session Council was presented with proposed updates to the Child Care Ordinance. The ordinance has not been updated in many years and the update reflects state law changes as well as the introduction of health and safety requirements that will assist in protecting the overall safety and welfare of children in their care. Changes to this code Include specific procedures for releasing children from the center, permit suspension, revocation and appeal process, construction guidelines, and standards for facilities that provide evening and night care. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2011 -061, ORDINANCE No. 3153. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -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 August 8, 2011 Page 12 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The Parks & Recreation Department invites amateur and professional photographers to enter its 2011 photography contest. Entries will be accepted August 26th through September 2nd and the winners will be announced on September 8th. More information is available on the city's website or by calling 817 - 427 -6620. The NRH Fire Department is accepting applications for the next Citizens Fire Academy. The academy will be held from 7 p.m. to 10 p.m. on Thursdays, starting September 8th and continuing through November 3rd. To sign up or get more information, visit the city's website or call 817 - 427 -6900. To help in the fight against Heart Disease, the City of North Richland Hills invites everyone to participate in the 2011 Tarrant County Heart Walk benefiting the American Heart Association. The Heart Walk will be held on Saturday, September 10th at the Fort Worth Stockyards. To register or get more information, visit www.tarrantcountyheartwalk.orq. Kudos Korner - Kyle Spooner & Staff, Information Services Department. A city employee emailed her thanks and appreciation to the Information Services Department for working so hard to keep the city computer network up and running. She is impressed with how quickly they resolve problems and their willingness to check into even the most difficult requests. She stated, "I appreciate their help and without their support, I would not be able to do my job efficiently." H.2 ADJOURNMENT May9 ji iR adjourned the meeting at 8:15 • .................. j o I' ; O car ' ' in. — Mayor f .. Patricia Hutson, City Secretary