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Home My WebLink AboutCC 2012-01-09 MinutesMINUTES 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 — JANUARY 9, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9 th day of January 2012 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 6 Council, Place 7 Council, Place 4 Staff Members Call to Order City Manager Assistant City Manager Assistant City Manager Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin Weegar Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Craig Hulse Economic Development Director Thomas Powell Fleet Services Director Gregory VanNieuwenhuize Assistant Public Works Director Jimmy Cates Public Works Operations Manager Jamie Brockway Purchasing Manager Sean Hughes Emergency Management Coordinator Clayton Comstock Planner Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meeting City Council Minutes January 9, 2012 Page 2 Agenda Item C.3 SUP 2011 -09 — Mayor Trevino questioned if Council could restrict the SUP to Express Oil Change. Mr. Staples advised the zoning was for the land use and that Council could place conditions on the SUP but could not limit the conditions to one owner. A.1 Trail Signage and Identification Project Mayor Trevino advised that because of possible time constraints this item will be delayed until after Executive Session. In the event there is a shortage of time following the Executive Session, the item will be moved to the next Council work session agenda. 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 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 governing 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 B.2 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.3 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange lease or value of real property in the central sector of the City Mayor Trevino announced at 6:03 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.071 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 governing 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 2) Section 551.071 to consult with Attorney regarding pending litigation on 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 3) Section 551.072 to deliberate the purchase, exchange, lease or value of real property in the central sector of the City. City Council Minutes January 9, 2012 Page 3 C.0 Adjournment Mayor Trevino reconvened the open meeting at 7:03 p.m. and announced Work Session Item A.1 would be discussed at the next regular work session meeting. Council adjourned to the regular Council meeting at 7:03 p.m. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 9, 2012 at 7:08 p.m. ROLL CALL Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION City Council Minutes January 9, 2012 Page 4 Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Keep NRH Beautiful Holiday Lighting Contest Winners presented by Councilman Whitson Keep NRH Beautiful Commission Chair Kathy Luppy and Councilman Whitson presented a certificate and gift certificate to the 2011 Holiday Lighting Contest winners. The winners were: AREA 1 Shara & Shannon Craft 3824 Diamond Loch West AREA 2 Kerrie Bourland 7300 Deville Drive AREA 3 Richard & Cynthia Ward 4920 Skylark Circle AREA 4 Cory Kuhn 7208 Jamaica Way AREA 5 Don & Betty Hill 6129 Winter Park Drive AREA 6 Javier Esquivel 7516 Chapman AREA 7 John & Joni Sears 8305 Thornbrook Court AREA 8 Thornton Cornell 7532 Bursey Road South AREA 9 Bud Enright 8117 Longtrail Drive A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes January 9, 2012 Page 5 B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF DECEMBER 12, 2011 CITY COUNCIL MEETING B.2 PU 2012 -001 AUTHORIZE THE PURCHASE OF TURF EQUIPMENT FOR IRON HORSE GOLF COURSE AND THE PARKS DEPARTMENT IN THE AMOUNT OF $127,596.87 B.3 PU 2012 -002 AWARD BID NO. 12 -010 FOR SEWER AND WATER PIPE MATERIAL TO MULTIPLE VENDORS B.4 GN 2012 -001 APPROVE ORDINANCE REVISING CHAPTER 78, ARTICLE IV. SANITARY SEWER SYSTEM OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES - ORDINANCE NO. 3177 B.5 GN 2012 -002 CONSIDER ACCEPTANCE OF A 2011 HOMELAND SECURITY GRANT #2011 -SR- 52356 -01 IN THE AMOUNT OF $1,689.27 FOR COMMUNITY EMERGENCY RESPONSE TEAM (CERT) TRAINING AND EQUIPMENT B.6 GN 2012 -005 CONSIDER APPROVAL OF AN AMENDMENT TO THE LITTLE BEAR CREEK SURFACE USE AGREEMENT WITH CHESAPEAKE EXPLORATION, LLC, PROVIDING FOR A.79 ACRE DRILL SITE AND AREA OF SURFACE OPERATIONS EXPANSION FROM 2.91 ACRES TO 3.70 ACRES B.7 GN 2012 -003 AMEND ARTICLE IV OF CHAPTER 58 - CODE OF ORDINANCES AUTHORIZING THE ACCEPTANCE OF FEES, FINES AND OTHER CHARGES BY CREDIT CARD AND SETTING PROCESSING FEES - ORDINANCE NO. 3181 B.8 PU 2012 -003 AWARD BID # 12 -013 FOR IRON HORSE GOLF COURSE SECTION C PUMP STATION IMPROVEMENTS TO C. GREEN SCAPING, LP IN THE AMOUNT OF $84,700.00 COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes January 9, 2012 Page 6 PUBLIC HEARINGS C.1 ZC 2011 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MICHAEL MORROW FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R -1- S SPECIAL SINGLE FAMILY ON 7.69 ACRES IN THE RICHARDSON SURVEY AT 8801 KIRK LANE - ORDINANCE NO. 3179 PUBLIC HEARING CONTINUED TO FEBRUARY 13 2012 Mayor Trevino opened the Public Hearing and announced Mr. Thad Brundrett, on behalf of Michael Morrow, had submitted a letter requesting a continuance to February 13, 2012. Mayor Trevino asked if there was anyone present who would like to speak in favor or opposition to the request at this time. There being no one wishing to speak, Mayor Trevino called for a motion on the applicant's continuance request. COUNCILMAN SAPP MOVED TO CONTINUE ZC 2011 -06 TO THE FEBRUARY 13, 2012 CITY COUNCIL MEETING. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO CONTINUE CARRIED 7 -0. Mayor Trevino announced the Public Hearing would be continued at the February 13, 2012 council meeting. Councilman Welch left the Council Meeting at 8:03 p.m. C.2 ZC 2011 -12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KEITH BERTELSEN FOR A ZONING CHANGE FROM R -1 SINGLE FAMILY AND C -1 COMMERCIAL TO CS COMMUNITY SERVICES ON LOTS 15 & 16, BLOCK 1, THOMPSON PARK ESTATES LOCATED ON 1.25 ACRES AT 6417 & 6425 PRECINCT LINE ROAD - ORDINANCE NO. 3178 APPROVED Mayor Trevino opened the public hearing and announced that Councilman Welch would be abstaining on Items C.2 and C.3. Councilman Welch is the Engineer of Record for this project. City Council Minutes January 9, 2012 Page 7 An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest is professional engineer for the said project. Mayor Trevino asked Council if they would combine the public hearings and discussion for items C.2 and C.3 and vote on each separately. Council concurred with combining the two items. Mayor Trevino opened the public hearing on items C.2 and C.3 and called on the applicant to come forward. James Harrison, 6313 Ferncreek Lane, Fort Worth, TX came forward. Mr. Harrison explained that he would like to be part of the Express Oil Change business after meeting with the corporate offices in Alabama. Mr. Harrison introduced Mr. John Davis with Express Oil. John Davis, 1880 S. Park Dr., Birmingham, Alabama. Mr. Davis presented a PowerPoint presentation with pictures of the future facility and spoke of the history of the Express Oil Change business. Mr. Davis explained that company was expanding to Texas and after reviewing properties in the metroplex the property in NRH was a perfect fit. Mr. Davis responded to questions from the Council. John Pitstick, Planning and Development Director, summarized both items. Item C.2 is a request from Keith Bertelsen (Owner) and Express Oil Change (Applicant) for a Zoning Change from "R -1" Residential and "C -1" Commercial to "CS" Community Services on Lots 15 & 16, Block 1, Thompson Park Estates, being 1.256 total acres of land located on the west side of Precinct Line Rd between Mid - Cities Blvd and Martin Dr. Item C.3 is a request from Express Oil Change for approval of a Special Use Permit for an "Automobile Lubrication Center" with limited automobile and light truck repair on a vacant 0.75 acre parcel of land located on the west side of Precinct Line Road between Mid - Cities Boulevard and Martin Drive. The Planning and Zoning Commission recommended approval of the zoning change (ZC 2011 -12) by a 5 -0 vote but recommended denial of the special use permit request (SUP 2011 -09) by a 4 -1 vote. Mayor Trevino called for anyone wishing to speak for or against the requests to come forward. Keith Bertelsen, 2600 Rosebud Lane, Richland Hills, TX owner came forward in favor of the requests. There being no one wishing to speak Mayor Trevino closed the Public Hearing and called for a motion for ZC 2011 -012. COUNCILMAN WHITSON MOVED TO APPROVE ZC 2011 -12 ORDINANCE NO. 3178. MAYOR PRO TEM BARTH SECONDED THE MOTION. City Council Minutes January 9, 2012 Page 8 MOTION TO APPROVE CARRIED 5 -1 -1; COUNCILMAN SAPP AGAINST AND COUNCILMAN WELCH ABSTAINING. Councilman Welch returned to the dais at 8:14 pm C.3 SUP 2011 -09 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL REQUEST FROM HHH LUBE LLC FOR A SPECIAL USE PERMIT FOR AN AUTOMOBILE LUBRICATION CENTER WITH LIMITED REPAIR SERVICES AT 6417 PRECINCT LINE ROAD - ORDINANCE NO. 3180 DENIED This item was related to the previous item C.2 and the public hearing was opened and discussed in item C.2. Mayor Trevino called for the motion for SUP 2011 -09. COUNCILMAN LOMBARD MOVED TO DENY SUP 2011 -09; ORDINANCE NO. 3180. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO DENY CARRIED 5 -1 -1; COUNCILMAN BARTH VOTING AGAINST; COUNCILMAN WELCH ABSTAINING. D.0 PLANNING & DEVELOPMENT No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS City Council Minutes January 9, 2012 Page 9 F.1 GN 2012 -004 CONSIDER APPROVAL OF A LICENSE AGREEMENT AND A PUBLIC RIGHT -OF -WAY USE AGREEMENT (NATURAL GAS PIPELINE CROSSING) WITH TEXAS MIDSTREAM GAS SERVICES, L.L.C. FOR A 12 INCH GAS PIPELINE IN THE LITTLE BEAR CREEK CORRIDOR APPROVED John Pitstick, Director of Planning and Development, summarized the item. Council is being asked to approve two (2) agreements (a License Agreement and a Public Right - of -way Use Agreement) with Texas Midstream Gas Services (TMGS) which would allow the installation and operation of a 12 inch gas pipeline in the Little Bear Creek Corridor. This pipeline would connect the Little Bear gas well site (off of North Tarrant Parkway) with the Morrow - Stevens gas well site (off of Kirk Lane).The license agreement with Texas Midstream is for a 20 year timeframe. License fees include $2.40 per square foot of permanent licensed area which includes a 20 foot easement for a length of a little more than 7,000 linear feet including properties within the Little Bear Creek park site, Little Bear Corridor land and Northfield Park. The license fees also include $1.05 per square foot for about 5.2 acres of temporary work space with a majority of the area in the open area southeast of the intersection of North Tarrant Parkway and Smithfield Road. The Right -of -Way Use Fees (per the City Code) to cross Smithfield Road and Cherokee Trail are $47.00 per linear foot. These agreements are non - exclusive license agreements allowing the city continued use of the property. Any approvals necessary from the U.S. Corps of Engineers, TxDOT and /or FEMA is the responsibility of TMGS. A $50,000 bond is required to guarantee all restoration of properties. A $5,000,000 general liability insurance policy is required and an indemnity statement is included in the agreement. Construction must begin within 120 days and the entire pipeline must be installed no later than 180 total days from the execution of the License Agreement. Staff is recommending approval of both the License Agreement and the Public Right -of- Way Use Agreement (Natural Gas Pipeline Crossing) with Texas Midstream Gas Services, L.L.C. for a 12 inch gas pipeline in the Little Bear Creek Corridor. COUNCILMAN WHITSON MOVED TO APPROVE GN 2012 -004. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA City Council Minutes January 9, 2012 Page 10 No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. Join us at the NRH Public Library each Saturday for free family films. The movies are shown on the big screen in the Community Room starting at 2 p.m. Popcorn is provided. Families are invited to bring snacks, drinks and floor cushions. For more details, please call 817 - 427 -6814. Iron Horse Golf Course is currently booking its pavilion and clubhouse for 2012 weddings, graduation parties, retirement parties, receptions and more. To make a reservation for your next special event, call 817 - 485 -6666. Kudos Korner - Delvin Hatley from the Municipal Court. A citizen wrote to express appreciation for Deputy City Marshall Delvin Hatley's assistance when she got a flat tire on Rufe Snow Drive. "He went out of his way to help me. He was kind, courteous and a blessing," she said. Not only did Delvin change the flat tire, he also made numerous calls to her family to notify them of her whereabouts. Delvin exemplifies public service and she was very grateful for the help that he provided. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:29 G H L - W � Patricia Hutson, City Secretary