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HomeMy WebLinkAboutCC 2011-07-11 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 — JULY 11, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11 day of July 2011 at 5:45 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 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 Craig Hulse Director of Economic Development Joann Stout Director of Neighborhood Services Gregory VanNieuwenhuizeAssistant Public Works Director Dave Pendley Building Official Andy Kancel Assistant Police Chief Kristin Weegar Sr. Mgmt. Asst. — Dev. Services Stephanie East Environmental Health Supervisor CaII to Order Mayor Trevino called the work session to order at 5:54 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. City Council Minutes July 11,2011 Page 2 A.2 Updates to Food Establishment Ordinance Stephanie East, Environmental Health Supervisor, presented a PowerPoint presentation highlighting proposed changes to the Food Service Establishment Ordinance. The proposed changes include updates and clarifications of the existing code and sets specific guidelines for new construction and remodeled facilities, outlines the administration of re- inspection fees and includes changes to encourage businesses to internally regulate their operations. Council questioned how the establishments would be notified of the new ordinance. Ms. East advised the majority of the changes are current policy but that the establishments would be notified in writing. Council concurred with the changes and the proposed ordinance will be placed on a future council agenda for Council action. A.3 Updates to the Child Care Ordinance Stephanie East, Environmental Health Supervisor, presented a PowerPoint presentation highlighting proposed changes to the Child Care Ordinance. The proposed ordinance will replace the existing code and reflects state law changes and health and safety requirements that will assist in protecting the overall safety and welfare of children. Some of the changes include clarification on the issuance and renewal of child care permits, specific procedures for releasing children from the center, construction guidelines, and standards for facilities that provide evening and night care. Council concurred with the updated Child Care Ordinance and the proposed ordinance will be placed on a future council agenda for action. A.4 Discuss Possible Amendments to Section 118 -727 of the North Richland Hills Code of Ordinances "Customary Home Occupations" Mr. John Pitstick, Director of Development, highlighted proposed amendments to the Zoning Ordinance regarding regulations for customary home occupations. This item is also on the regular Council agenda for action. The proposed amendments refine the regulations to require primary residence for conducting home occupations and clarifies what will be allowed and not allowed for home occupations. Changes include: • New paragraph added regarding physical appearance and visible evidence that includes restrictions on visual or audible interference, restricts additional solid waste, restricts outdoor assembly and restricts storage of business supplies. • New paragraph on traffic and parking that restricts on- street and off - street parking to the drive way and curb immediately adjacent to the premises and the total number of vehicles allowed. • Clarifications added to home uses allowing telecommuting and professional consultants rendering services in a home office but have personal contacts off - site. City Council Minutes July 11,2011 Page 3 • Added hours of operation for private tutoring. • Added land uses not allowed including restrictions on contractor's offices, electronics repair, lending agencies, health and social and psychological counseling. The Planning and Zoning Commission reviewed the proposed changes and had questions on parking and outdoor assembly for home occupations. As a result of their discussion staff added to the regulations, "No outdoor assembly of employees, clients or equipment at home residences ". Council was advised action on the item could be postponed if Council had questions /concerns. Council concurred with the proposed changes and took formal action on the item during the regular 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 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 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). B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code, to consult with city's attorney to seek advice about pending or contemplated litigation or a settlement offer or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. Mayor Trevino announced at 6:28 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 for the following: a) Consultation with Attorney to seek advice about pending litigation 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) b) Consultation with City's Attorney to seek advice about pending or contemplated litigation or a settlement offer or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. C.0 Adjournment City Council Minutes July 11,2011 Page 4 Mayor Trevino announced at 6:47 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 July 11, 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 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 Lombard gave the invocation. City Council Minutes July 11,2011 Page 5 A.2 PLEDGE OF ALLEGIANCE Councilman Lombard 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 B.1 APPROVAL OF MINUTES OF JUNE 13, 2011 CITY COUNCIL MEETING B.2 APPROVAL OF MINUTES OF JUNE 27, 2011 CITY COUNCIL MEETING COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes July 11,2011 Page 6 PUBLIC HEARINGS C.1 ZC 2009 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GENE SCHAY FOR A ZONING CHANGE FROM "R -1 -S" SPECIAL SINGLE FAMILY TO "R -2" SINGLE FAMILY ON A PORTION OF LOT 3R, BLOCK 14, GLENANN ADDITION — ORDINANCE NO. 3109 (LOCATED AT 8620 MARTIN DRIVE - 0.532 ACRES.) APPROVED Mayor Trevino opened the public hearing. Mr. Gene Schay, applicant, came forward to request a zoning change from R -1 -S to R- 2 on a 0.532 acre parcel. Mr. John Pitstick, Director of Planning, summarized the item. The applicant is requesting the zoning change due to a larger lot being sub - divided. The intent is to construct a new single - family residence on the new lot being created on the property. The remaining portion of the lot is sufficient in size to remain in the R -1 -S zoning district. A replat is being presented concurrently with the zoning request. The Planning and Zoning Commission initially recommended approval on August 19, 2010. The applicant requested continuance at the September 13 meeting and withdrew his request at the October 11 meeting to resolve some unexpected issues. The applicant is now ready to move forward with the zoning. The Planning and Zoning Commission recommended approval on June 16, 2011. Mayor Trevino called for comments from those opposed or in support of the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2009 -08, ORDINANCE No. 3109. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 RP 2009 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GENE SCHAY FOR A RE -PLAT OF LOT 3R, BLOCK 14, GLENANN ADDITION INTO LOTS 3R1 AND 3R2, BLOCK 14, GLENANN ADDITION (LOCATED AT 8620 MARTIN DRIVE - 1.960 ACRES.) APPROVED City Council Minutes July 11,2011 Page 7 Mayor Trevino opened the public hearing. Mr. Gene Schay, applicant, came forward to request approval of the replat associated with the previous zoning case. Mr. John Pitstick, Director of Planning, summarized the item. The replat divides the current 1.95 acre parcel into two lots, one 0.532 acre lot and a 1.41 acre lot. The replat creates the ability to construct a new single - family home on the proposed 3R2. Sidewalks are required as part of this subdivision and the developer will be required to assume 100% of the amount required for sidewalk improvements. The Planning and Zoning Commission recommended approval on June 16. Mayor Trevino called for comments from those opposed or in support of the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN RODRIGUEZ MOVED TO APPROVE RP 2009 -05. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Mayor Pro Tem Barth recognized Brandon Gleitz, Boy Scout Troop 205, who is working on his citizenship in community merit badge. C.3 TR 2011 -02 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO SECTION 118 -727 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES "CUSTOMARY HOME OCCUPATIONS" — ORDINANCE NO. 3146 APPROVED Mayor Trevino opened the public hearing. Mr. John Pltstick, Director of Development, presented the request. After a review of the regulations for customary home occupations Staff is recommending the regulations be refined to require primary residence for conducting home occupations to clarify what is allowed and not allowed for home occupations. Recommended revisions include: • Adding a new paragraph regarding physical appearance and visible evidence that includes restrictions on visual or audible interference, restricts additional solid waste, restricts outdoor assembly and restricts storage of business supplies. City Council Minutes July 11,2011 Page 8 • Adding a new paragraph on traffic and parking that restricts on- street and off - street parking to the driveway and curb immediately adjacent to the premises as well as the total number of vehicles allowed for home based businesses. • Clarifications added to the home uses; allowing telecommuting and professional consultants rendering services in a home office, but have personal contacts off - site. • Hours of operations for private tutoring. • Added land use not allowed including restrictions on contractor's offices, electronics repair, lending agencies, health and social and psychological counseling. The Planning and Zoning Commission reviewed the proposed changes and questioned parking and outdoor assembly for home occupations. The Commission discussed the new craze in personal training including neighborhood boot camps where several individuals perform calisthenics in neighborhoods, open spaces and parks. In response, staff added a sentence in the proposed regulations to restrict any paid personal training instructor for a boot camp to be limited to appropriate commercial zoned areas or be limited to formal city recreational programs for public parks and open space uses. The proposed ordinance was recommended for approval by the Planning and Zoning Commission on June 16. Mayor Trevino called for comments from those opposed or in support of the request. Ms. Cindy Carriger, 8448 Ruthette Drive, questioned if contractors without employees who work out of their homes is a non - allowed use and why there is a prohibition against outside storage of supplies and business items at residences. Mr. Pitstick advised a contractor would be permitted to work out of his home as long as there were not any employees who assembled at the residence. Mr. Pitstick also explained the reason outside storage would not be permitted. There being no one else wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED TO APPROVE TR 2011 -02, ORDINANCE No. 3146. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes July 11,2011 Page 9 D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. PUBLIC WORKS E.1 PW 2011 -011 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $60,000 TO TEAGUE, NALL AND PERKINS FOR THE GPS MONUMENT UPDATE PHASE II PROJECT. APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being asked to award a professional services agreement for the GPS Monument Update Phase II Project (Project No. PW1101) in the Capital Projects Budget. Staff is recommending approval of an agreement with Teague, Nall and Perkins in the amount of $60,000. Some of the items within the agreement's scope of work include readjustment of 1990 leveling data, readjustment of 2008 control stations, mapping grade positions of existing city benchmarks, existing GPS and Azimuth monumentation reconnaissance and establishment of new control stations. COUNCILMAN WELCH MOVED TO APPROVE PW 2011 -011, APPROVING THE PROFESSIONAL SERVCIES AGREEMENT WITH TEAGUE, NALL AND PERKINS IN THE AMOUNT OF $60,000 FOR THE GPS MONUMENT UPDATE, PHASE 11 PROJECT (PW1101 ). COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2011 -012 APPROVE THE 2011 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED Councilman Welch, Chair of the CIP Committee, presented the Committee's recommendation to approve the program. Mr. Jimmy Cates, Public Works Operations Manager, presented the 2011 Street Maintenance Program. The program submitted to and approved by the CIP Committee City Council Minutes July 11,2011 Page 10 consists of an asphalt overlay on 17 streets, a slurry seal on 18 streets and crack sealing 18 streets. COUNCILMAN WHITSON MOVED TO APPROVE THE 2011 PREVENTIVE STREET MAINTENANCE PROGRAM. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GENERAL ITEMS F.1 GN 2011 -049 APPOINTMENTS TO BOARDS & COMMISSIONS APPROVED Ms. Patricia Hutson, City Secretary, presented the following Council nominations for appointment to the Boards and Commissions. Keep North Richland Hills Beautiful Commission Place 1 Dianne Spradling Place 3 Justin Welborn Place 5 Donah Tyner Board of Adjustment Place 1 Jim Kemp Place 3 Robert Housewright Place 5 Thomas Duer Library Board Place 1 Don Tipps Place 3 Mary Shilcutt Place 5 Avis Crisp Park and Recreation Board Place 1 Tracye Tipps Place 3 Brad Greene Place 5 Marty Kusmierski Alternate Paul Pena City Council Minutes July 11,2011 Page 11 Planning & Zoning Commission and Capital Improvement Advisory Committee Place 1 Mark Haynes Place 3 Don Bowen Place 5 Dianna Madar Substandard Building Board Place 1 Gary Cope Place 3 Deryl Brown Place 5 John Larriviere Teen Court Advisory Board Place 1 Dylan Barth Place 3 Ronald Moore Councilman Whitson will be submitting his Place 5 nomination to the Teen Court Advisory Board at a future council meeting. Councilman Welch will be presenting his nominations for Place 7 appointments at an upcoming Council meeting. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -049, APPROVING THE COUNCIL MEMBER NOMINATIONS AS PRESENTED TO THE BOARDS & COMMISSIONS. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2011 -050 APPOINTMENTS TO THE ANIMAL ADOPTION AND RESCUE CENTER COMMITTEE- PLACES 1, 2 AND 3 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Council is being asked to consider three appointments to the Animal Adoption and Rescue Center Advisory Committee. Terms of office have expired for the individuals serving in Places 1 and 3 and the Place 2 position is vacant. The ordinance establishing the Committee requires the individual serving in Place 1 to be a licensed veterinarian, Place 2 a city official and Place 4 an individual whose duties include the daily operation of the City's Adoption and Rescue Center. Currently serving in Place 1 is Jed Ford, a licensed veterinarian and Place 3 is Joann Stout, Director of Neighborhood Services. Former Council member John Lewis vacated the Place 2 position. Council was advised that Jed Ford had agreed to serve another term in the Place 1 position. City Council Minutes July 11,2011 Page 12 Mayor Trevino called for nominations to Places 2 and 3. COUNCILMAN LOMBARD NOMINATED COUNCILMAN RODRIGUEZ TO THE PLACE 2 POSITION. COUNCILMAN WHITSON NOMINATED JOANN STOUT TO THE PLACE 3 POSITION. COUNCILMAN WHITSON MOVED TO CLOSE NOMINATIONS AND TO APPROVE THE APPOINTMENT OF JED FORD TO PLACE 1, COUNCILMAN RODRIGUEZ TO PLACE 2 AND MS. JOANN STOUT TO PLACE 3. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2011 -051 APPOINTMENT OF BOARD DELEGATE TO REINVESTMENT ZONE NO. 1 AND REINVESTMENT ZONE NO. 2 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Council is being asked to appoint a council member to fill the vacancies left by former Council member John Lewis on the Board of Directors of Reinvestment Zone No. 1 and Reinvestment Zone No. 2. Reinvestment Zone No. 1 consists of five council members and Reinvestment Zone No. 2 consists of six council members. At the recommendation of the City's Financial Advisor, the Council has historically appointed the same council members to both boards with the exception of the one extra member on Reinvestment Zone No. 2. Currently serving on Reinvestment Zone No. 1 are Mayor Trevino, Councilman Whitson, Councilman Turnage and Councilman Welch. Currently serving on Reinvestment Zone No. 2 are Mayor Trevino, Councilman Sapp, Councilman Whitson, Councilman Turnage and Councilman Welch. COUNCILMAN WHITSON MOVED TO NOMINATED COUNCILMAN SAPP TO REINVESTMENT ZONE No. 1 AND COUNCILMAN RODRIGUEZ TO REINVESTMENT ZONE No. 2. THERE BEING NO FURTHER NOMINATIONS, NOMINATIONS WERE CLOSED. COUNCILMAN TURNAGE SECONDED THE NOMINATIONS. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2011 -052 APPOINTMENTS TO RED LIGHT CAMERA ADVISORY COMMITTEE APPROVED City Council Minutes July 11,2011 Page 13 Ms. Patricia Hutson, City Secretary, presented the following Council members annual appointments to the Red Light Advisory Committee. Mayor Trevino Mike Witt Mayor Pro Tem Barth Steve Koons Councilman Rodriguez Bob McCary Councilman Sapp Scott Wood Councilman Lombard Scott Eager Councilman Whitson Gerald Tyner Councilman Turnage Pam Hansen Councilman Welch will present his appointment to the Committee at an upcoming Council meeting. COUNCILMAN SAPP MOVED TO APPROVE THE APPOINTMENTS TO THE RED LIGHT ADVISORY COMMITTEE SUBMITTED BY MAYOR AND COUNCIL, TERM EXPIRING JUNE 30, 2012. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2011 -053 APPOINTMENTS TO CONSTRUCTION CODE OF APPEALS APPROVED Mr. Dave Pendley, Building Official, presented Staff's recommendations for appointment to Places 1, 3 5 and 7 on the Construction Code of Appeals Board. Appointments to the board are recommended by City Staff and appointed by Council and must meet the requirement of technical expertise in the construction fields. Recommended for Council approval is the reappointment of Joe Crane (Master Electrician) to Place 1, Robert Nicholas (Structural Engineer) to Place 3, John Klein (Architect) to Place 5 and W.D. McCarthy (Master Mechanical Contractor) to Place 7. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011-053 APPROVING THE REAPPOINTMENT OF JOE CRANE TO PLACE 1, ROBERT NICHOLS TO PLACE 3, JOHN KLEIN TO PLACE 5 AND W.D. MCCARTHY TO PLACE 7, WITH ALL TERMS EXPIRING IN JUNE OF 2013. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes July 11,2011 Page 14 F.6 GN 2011 -054 BJA JUSTICE ASSISTANCE GRANT PROGRAM LOCAL AWARD - RESOLUTION NO. 2011 -026 APPROVED Assistant Chief Andy Kancel presented the item. The Police Department is seeking authorization to pursue grant funds available under the 2011 Bureau of Justice Assistance Grant (JAG) program. Funds under the program have been allocated to assist in funding law enforcement programs in the City of North Richland Hills for local solicitation. To receive the funds North Richland Hills and other cities in the County and Tarrant County are required to file a joint application after negotiating the sharing of funds with Tarrant County. The funds from this grant will be used to enhance officer safety through an advanced force simulation- training program known as FX Simunitions. The approval of Resolution No. 2011 -026 will authorize application for the grant and appoint the Public Safety Director as the agent to act for the City relative to the grant. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2011 -026. COUNCILMAN SAPP 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 needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Barth made the following announcements. The North Richland Hills Office of Emergency Management and the NRH Amateur Radio Club invite area residents to earn their entry-level radio license. Training will be held from 6:30 p.m. to 10:00 p.m. on Wednesdays starting July 13th and continuing City Council Minutes July 11,2011 Page 15 through August 3rd. The cost is $38. For additional information, please call 817 -427- 6969. Dive -in Movies continue on Friday nights at NRH2O. Join us on July 15 for "Jaws" and July 22 for "How to Train Your Dragon." Dive -in Movies are free with paid admission to the park. For more details, please call 817 - 427 -6500. Learn CPR and save a life! The North Richland Hills Fire Department conducts CPR training classes once each month. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, July 23rd. The cost is $25. The class is American Heart Association approved and participants will receive a Certification Card. To sign up or get more information, please call 817 - 427 -6900. Kudos Korner - Dave Pendley and Gary Taylor, Planning & Development Department. A resident e- mailed thanks to Dave and Gary for the information and assistance they provided. She had contacted the city planning offices with some questions and concerns about the building codes for a construction project. Dave and Gary took time to meet with her and all issues were resolved expeditiously. She said appreciates all that they do for the community. Councilman Whitson gave kudos to City Staff for their volunteer work assisting with traffic control during Dr. Tommy Teague's services. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:46 p. �\ \ \qp \\ \l\41114pg11111y / •• • Oscar wino — Mayor A f tEST r r Patric . 44twavri, City Secretary