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Home My WebLink AboutCC 2011-04-11 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 — APRIL 11, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11 day of April 2011 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: 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 er g 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 Monica Solko Assistant 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 Craig Hulse Economic Development Director Chris Amarante Facilities & Construction Director Gregory VanNieuwenhuize Assistant Public Works Director Chris Swartz NRH2O Park Manager Bill Thornton Assistant Parks & Recreation Director Dave Pendley Building Official Absent: Oscar Trevino Mayor CaII to Order Mayor Pro Tem Sapp called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting City Council Minutes April 11, 2011 Page 2 There were no questions from the Council. A.2 NRH Centre Construction Update Item postponed to the April 25, 2011 work session meeting. A.3 NRH2O New Attraction and Operational Update Item postponed to the April 25, 2011 work session 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: Consultation with attorney to seek advice about pending or threatened litigation or a settlement offer B.2 Executive Session Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of property in the southern sector of the City Mayor Pro Tem Sapp announced at 6:02 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 for consultation with Attorney to seek advice about pending or threatened litigation or a settlement offer and Section 551.072 to deliberate the purchase, exchange, lease or value of property in the southern sector of the City. C.0 Adjournment Mayor Pro Tem Sapp announced at 6:50 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tem Sapp called the meeting to order April 11, 2011 at 7:00 p.m. City Council Minutes April 11, 2011 Page 3 ROLL CALL Present: 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: 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 Monica Solko Assistant City Secretary George Staples Attorney Absent: Oscar Trevino Mayor A.1 INVOCATION Councilman Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION FOR CHILD ABUSE PREVENTION MONTH City Council Minutes April 11, 2011 Page 4 Councilman Barth and Police Captain Bounds presented a proclamation to Nancy Hagan, Executive Director of Alliance for Children, recognizing Child Abuse Protection Month. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - NATIONAL CRIME VICTIMS' RIGHTS WEEK PROCLAMATION Councilman Welch presented a proclamation to Police Captain Rick Scott and Crime Victims Liaison Christy Garcia in recognition of National Crime Victims' Rights Week. A.5 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - COMMON GROUND COMMUNITY GARDEN SPECIAL RECOGNITION Mr. Geoff Sherman, Landscape Horticulturalist with the Parks and Recreation Department and Councilman Turnage recognized the Common Ground Founding Committee and the project's contributing partners and sponsors. Partners and sponsors recognized included Birdville Independent School District, Davis Memorial United Methodist Church, Alpine Materials, Home Depot Corporation, Keep NRH Beautiful Committee. A.6 CITIZENS PRESENTATION None. A.7 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MARCH 28, 2011 CITY COUNCIL MEETING City Council Minutes April 11, 2011 Page 5 B.2 GN 2011 -026 AMENDING RESOLUTION NO. 2011 -003 TO ESTABLISH EARLY VOTING LOCATIONS FOR MAY 14, 2011 ELECTION - RESOLUTION NO. 2011 -020 B.3 GN 2011 -027 REVISE THE FY 2010/11 GAS DEVELOPMENT FUND OPERATING BUDGET FOR LAND ACQUISITION IN THE TOWN CENTER DISTRICT B.4 AP 2011 -01 CONSIDERATION OF A REQUEST FROM JOHNSON DIVERSIFIED ENTERPRISES, INC. FOR AN AMENDED PLAT OF 96 LOTS IN THE WEST HIGHTOWER PLACE ADDITION (LOCATED IN THE 6800 BLOCK OF HIGHTOWER DRIVE - 22.342 ACRES.) COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS C.1 ZC 2011 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOHN KEMP FOR A ZONING CHANGE FROM AG, AGRICULTURAL, TO R -2, SINGLE FAMILY, OF LOTS 18 & 19, THOMAS PECK SUBDIVISION (LOCATED AT 8432 FRANKLIN COURT - 0.46 ACRES.) - ORDINANCE NO. 3135 APPROVED Mayor Pro Tem Sapp opened the public hearing. Mr. John Kemp, 4905 Nevada Trail, property owner, requested approval of a zoning change from AG Agricultural to R -2 Single Family. Mr. Kemp has also submitted a replat for consideration that will be heard as a separate item later in the meeting. The replat will combine Lots 18 and 19 of the Thomas Peck Subdivision into a single lot for the construction of a single family home on the property. Mr. John Pitstick, Director of Planning and Development, presented the Staff report. The Planning and Zoning Commission recommended approval of the zoning change on March 17, 2011. Mayor Pro Tem Sapp called for comments in favor of or in opposition to the request. There being no one wishing to speak Mayor Pro Tem Sapp closed the public hearing. City Council Minutes April 11, 2011 Page 6 COUNCILMAN WELCH MOVED TO APPROVE ZC 2011 -05, ORDINANCE No. 3135. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Councilman Welch left the Council Meeting at 7:35 p.m. C.2 ZC 2010 -11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DON PHIFER FOR A ZONING CHANGE FROM R -2, SINGLE FAMILY, TO PD, PLANNED DEVELOPMENT, ON TRACTS 13A1 & 13B1, ABSTRACT 1209 (LOCATED AT 8700 CLAY HIBBINS ROAD - 8.001 ACRES.) - ORDINANCE NO. 3136 APPROVED Mayor Pro Tem Sapp announced that Councilman Welch would be abstaining from Item C.2. Councilman Welch is the Engineer of Record for the project. An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Consulting Engineer of Record for the Development of this Project. Mayor Pro Tem Sapp opened the public hearing and called on the applicant to come forward. Mr. Don Phifer, representing T. Pearl Real Estate and Mr. Pritesh Patel, presented a request to rezone eight acres on Clay Hibbins Road from R -2 Single Family to PD Planned Development. Mr. Patel plans to construct a large single lot estate on the property. Amenities planned for the property include a guest house, green house, large pond, and volleyball court. In the future the applicant wishes to construct the guest quarters and green house and at this time is only requesting approval to build. Architectural approval of the guest quarters and green house will be requested later. Mr. Patel is requesting to build a Mediterranean style stucco house which does not meet the City's current masonry standards, guest quarters and needs a building height variance. John Pitstick, Director of Planning and Development, summarized the item. The applicant is requesting a zoning change from R -2 to RI -PD to allow for proposed improvements of a large Mediterranean style stucco home with a pool house, greenhouse and guest quarters. Residential Infill (RI) PD Districts are limited to residential development or redevelopment of less than ten acres and are not allowed without an approved site plan. Developments shall not vary from R -2 residential district City Council Minutes April 11, 2011 Page 7 standards unless amenities and design elements are provided in lieu of such standards and are reflected on the required site plan. The 8 acre site will be surrounded by a masonry and wrought iron screening fence with concrete and stamped concrete entryway and circle. There is an existing rock water fall that will be removed and the reduction of an existing pond adjacent to the Steeple Ridge subdivision. Because of the size of the main house and the number of multiple bedrooms (16 proposed bedrooms), staff has also requested that a maximum number of unrelated guests that would be allowed to temporarily occupy the residence be specified as part of this planned development. The applicant has stated that no more than four unrelated guests would be allowed to temporarily occupy the residential compound in compliance with the definition for family. This should clarify that the primary use is for single family occupancy with limited guest quarters. The applicant will have to comply with all improvements listed on the site plan and would not be able to make changes without a revised site plan which would require additional notifications and public hearings. Two area residents expressed concerns at the Planning & Zoning public hearing opposing the large residential compound and expressing concerns with the general upkeep of the area (high grass and weeds), the need to improve the existing deep drainage structure adjacent to Steeple Ridge and the condition of the pond. The Planning & Zoning Commission recommended approval by a 5 -0 vote. Mayor Pro Tem Sapp called for anyone wishing to speak in favor of the request to come forward. Mary Jo Ward, 8625 Saddle Ridge came forward. Ms. Ward requested clarification on landscaping being proposed on the property. Mr. Don Phifer clarified the concerns raised. Mayor Pro Tem Sapp called for anyone wishing to speak against the request to come forward. Mayor Pro Tem Sapp closed the public hearing and called for the motion. COUNCILMAN TURNAGE MOVED TO APPROVE ZC 2010 -11, ORDINANCE No. 3136. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1, COUNCILMAN WELCH ABSTAINING. Councilman Welch returned to the Council dais at 7:52 p.m. D.0 PLANNING & DEVELOPMENT D.1 City Council Minutes April 11, 2011 Page 8 RP 2010 -07 CONSIDERATION OF A REQUEST FROM JOHN KEMP FOR A REPLAT OF LOTS 18 & 19, INTO LOT 18 -R, THOMAS PECK SUBDIVISION (LOCATED AT 8432 FRANKLIN COURT - 0.46 ACRES.) APPROVED Mr. Pitstick, Director of Planning and Development presented the item. The applicant proposes to replat Lots 18 and 19 in the Thomas Pack Addition into a single lot. Applicant plans to construct a single family home on the replated lot. The applicant is requesting Council waive the requirement for the water main extension and be allowed to pursue tapping into the City of Keller's existing 2" water main. Staff's recommendation is to require the applicant to tie to the NRH water system. As an alternative to the applicant hiring a bonded contractor to install the new water main, the Public Works Department has provided an option that will allow the applicant to pay for materials and the Public Works Department will install the water main. Mr. John Kemp, applicant, requested permission to use the Keller's existing water main until such time as North Richland Hills can take over and provide utilities to the citizens of Franklin Court. In response to questions from the Council regarding water service to the property, Public Works Director Curtis advised Staff feels the best approach is to begin moving toward putting in a minimum size water line and require the applicant to extend the water line to his property. Mr. Curtis advised that the 2" water line from the City of Keller was not sustainable and it was a matter of time before it would need to be replaced. The applicant is being asked to extend the water line based on existing regulations and rough proportionality. Staff's recommendation is consistent with how other development has been handled within the City. Mr. Curtis also advised that there currently would be adequate fire protection from Shady Grove Road but that the next development will not have adequate fire protection. COUNCILMAN TURNAGE MOVED TO APPROVE RP 2010 -07, ORDINANCE No. 3136 WITH THE STIPULATION THAT THE APPLICANT TIE TO THE CITY OF NORTH RICHLAND HILL'S WATER MAIN WITH THE APPLICANT PROVIDING THE MATERIALS. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Councilman Whitson left the Council Meeting at 8 :03 p.m. D.2 FP 2010 -03 CONSIDERATION OF A REQUEST FROM NORTHGATE CHURCH FOR A FINAL PLAT OF LOT 8, BLOCK 1, NORTH EDGLEY ADDITION (LOCATED AT City Council Minutes April 11, 2011 Page 9 4247 ROAD TO THE MALL - 2.993 ACRES.) APPROVED Mayor Pro Tem Sapp called on the applicant to come forward. Darrell Johnson, Director of Northgate Church, 1901 Industrial Boulevard, Colleyville, came forward. Mr. Johnson stated that the church was moving to the City of North Richland Hills and the final plat was part of the process for developing the lot. John Pitstick, Planning and Development Director, summarized the item. The property owner, Northgate Church represented by Darrell Johnson, is requesting approval of a final plat for a 2.993 acre tract. The applicant intends to construct a church on the lot. The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that no additional public street paving, sanitary sewer or drainage facilities are needed to provide service to these lots. However, the subdivision will be required to have sidewalks installed along its frontage during the building process. Also, depending on the layout of the building's rooms, their sizes, and their uses, additional public water facilities may need to be designed and constructed by the developer. The Planning & Zoning Commission recommended approval of FP 2010 -03 by a 5 -0 vote. COUNCILMAN LOMBARD MOVED TO APPROVE FP 2010 -03. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0, COUNCILMAN WHITSON ABSENT. Councilman Whitson returned to the Council dais at 8:06 p.m. E.0 PUBLIC WORKS E.1 PW 2011 -008 AWARD A PROFESSIONAL SERVICE AGREEMENT TO TEAGUE NALL AND PERKINS, INC. IN THE AMOUNT OF $61,300 FOR (RFQ 11 -014) MEADOW CREEK ROAD AND MEADOW ROAD DRAINAGE IMPROVEMENT PROJECTS (DR1102 AND DR1103) APPROVED Jimmy Cates, Public Works Operations Manager summarized the item. The item is to consider award of a professional services contract for Meadow Creek Road and Meadow Road drainage improvements. These two projects will consist of drainage improvements such as expanding and re- grading barrow ditches and the replacement City Council Minutes April 11, 2011 Page 10 of existing culvert pipe along both roadways. Some minor pavement improvements will also be necessary to match the re- graded barrow ditch elevations. The City requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 26 firms. The City's selections committee reviewed and evaluated the statement of qualifications and is recommending award of the professional service agreement to Teague Nall and Perkins, Inc. in the amount $61,300. COUNCILMAN WELCH MOVED TO APPROVE PW 2011 -008, AWARDING A PROFESSIONAL SERVICE AGREEMENT TO TEAGUE NALL AND PERKINS, INC. IN THE AMOUNT OF $61,300 FOR MEADOW CREEK ROAD AND MEADOW ROAD DRAINAGE IMPROVEMENT PROJECTS. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2011 -009 AMENDING SECTION 54 -166 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROHIBITING PARKING ON PORTIONS OF BOOTH CALLOWAY ROAD - ORDINANCE NO. 3137 APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. The Public Works Department received a letter from the North Hills Hospital Administration requesting additional no parking areas along Booth Calloway Road. The parking of cars along the west side of Booth Calloway Road is causing sight visibility problems for motorists leaving the hospital parking lot. The parked cars prevent people from seeing oncoming traffic as they pull out onto Booth Calloway Road. The limited site visibility has resulted in complaints to hospital and city staff. In order to eliminate the sight visibility problem and to prevent future parking problems, additional no parking areas are being recommended for both the east and west sides of Booth Calloway Road. Recommended no parking on Booth Calloway Road: • On the west side of Booth Calloway Road from the center line of Rodger Line Drive south for 800 feet to the center line of Rogan Drive and 145 feet north of Rodger Line Drive. • The 4300, 4400, 4500 and 4600 blocks on the east side of Booth Calloway Road from the intersection of Rogan Drive north to the south access road of Interstate Highway 820. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 3137. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes April 11, 2011 Page 11 F.0 GENERAL ITEMS F.1 PU 2011 -012 AWARD OF CONTRACT TO FORD AUDIO -VIDEO SYSTEMS, INC. IN THE AMOUNT OF $241,496 FOR THE PURCHASE AND INSTALLATION OF THE AUDIO VISUAL SYSTEM FOR NRH CENTRE APPROVED Bill Thornton, Park and Recreation Assistant Director, presented the item. Item is to consider the award of a contract for the purchase and installation of the audio visual system for NRH Centre. The Texas Procurement and Support Services (TPASS) has established, as an alternative purchasing method, the use of Texas Multiple Award Schedule (TXMAS) contracts that have been developed from contracts awarded by the federal government or any other governmental entity of any state. TXMAS has contracts in place for the design and purchase of audio visual systems and for the installation of audio visual systems and equipment. Staff and Brinkley Sargent Architects have evaluated the proposal and recommend awarding a contract to Ford Audio -Video Systems, Inc. in the amount of $241,496. COUNCILMAN LOMBARD MOVED TO APPROVE PU 2011 -012, AWARD OF CONTRACT TO FORD AUDIO - VISUAL SYSTEMS, INC IN THE AMOUNT OF $241,496, FOR THE PURCHASE AND INSTALLATION OF THE AUDIO VISUAL SYSTEM IN THE NRH CENTRE. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 PU 2011 -013 AWARD BID # 11 -020 FOR AQUATIC CHEMICALS TO D.C.C. INC. IN AN AMOUNT NOT TO EXCEED $70,000 APPROVED Chris Swartz, NRH2O Park Manager, summarized the item. The item is to consider the award of an annual contract for aquatic chemicals for NRH Notice of the city's intent to bid was advertised in the local newspaper as required by State Statute; and posted on the city's website. Notice of the city's intent to bid was sent to seven (7) vendors requesting them to participate in this bid process. The Purchasing Department only received one bid on March 10. Per policy, the bid was not opened and the due date was extended to March 17 at 10:00 A.M. Staff did not receive any further response and proceeded to open the bid submitted by D.C.C. Inc. Staff compared the new bid against 2009 and 2010 bids and recommend award to D.C.C., Inc. City Council Minutes April 11, 2011 Page 12 COUNCILMAN LEWIS MOVED TO APPROVE PU 2011 -013. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 PU 2011 -014 AWARD CONTRACT FOR RFO #11 -022 BLEACHER SHADE STRUCTURES TO USA SHADE AND FABRIC STRUCTURES, INC. IN THE AMOUNT OF $90,511 APPROVED Bill Thornton, Park and Recreation Assistant Director, summarized the item. This item is to award a contract for the fabrication and installation of shade structures over the bleachers at the baseball fields at Cross Timbers Park. This project supports the recommendation of providing shade structures throughout the park system as identified in the Parks, Recreation and Open Space Master Plan. The Local Government Purchasing Cooperative (BuyBoard) has contracts in place for shade structures and the installation for the shade structures being purchased. Staff met with vendors, some who supply material and installation of shade structures, and some who provide either only material or only installation through direct purchase on the BuyBoard. After comparing design options and the price of each proposal, staff recommends USA Shade and Fabric Structures, Inc. for the purchase of materials and installation of the shade structures at Cross Timbers Park. COUNCILMAN LOMBARD MOVED TO APPROVE PU 2011 -014, AWARDING A CONTRACT FOR RFO #11 -022 BLEACHER SHADE STRUCTURES TO USA SHADE AND FABRIC STRUCTURES, INC. IN THE AMOUNT OF $90,511. COUNCILMAN WELCH 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 No action needed. H.0 INFORMATION AND REPORTS City Council Minutes April 11, 2011 Page 13 H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The Sounds of Spring Concert Series will be held each Friday from April 15th through May 6th at NRH2O Family Water Park. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring your lawn chairs. For more information, call 817 - 427 -6600 or visit www.soundsnrh.com. On Saturday, April 16th, residents can get rid of unwanted bulky items during the annual Spring Community Cleanup. Items can be dropped off from 9 a.m. to noon in Parking Lot E at the Tarrant County College Northeast Campus located at 828 Harwood Road. Proof of residency must be presented. For more details, please call 817 -427- 6663. The NRH Youth Advisory Committee is hosting a Dog Show on May 1st at Tipps Canine Hollow Dog Park. Several contests will be held including Best Small Dog, Best Large Dog, Best Costume, Best Trick, Most Unusual and more. Registration forms are available at the Animal Adoption & Rescue Center, City Hall and the Library. Registration forms can also be downloaded from the city's website at nrhtx.com. The entry fee is $5 per category or $10 for 3 categories. All proceeds will go to the Animal Adoption & Rescue Center. Kudos Korner - Troy Mars, Ryan King, Darren Lance, Casey Kirkpatrick and Richie Whitt, Fire Department. A card was received from a resident thanking this crew for their outstanding response to her 911 call. The resident needed assistance because her mother had fallen and broken her wrist and hip. "Everyone showed exceptional care and compassion and we are so grateful for your help," the resident stated. H.2 ADJOURNMENT Mayor Pro Tem Sapp adjourned the meeting a' 8:.4 p.m. JA i Oscar Trevino — Mayor \\\`` o C t.11:::4/1/ i TEAT: iyia Huth; Aity Secretary