Loading...
HomeMy WebLinkAboutCC 2012-05-14 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 — MAY 14, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14 day of May 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 Rita Wright Oujesky Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 4 Council, Place 1 Council - Elect, Place 2 Council, Place 3 Council, Place 5 Council, Place 6 Council, Place 7 Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin Weegar John Pitstick Larry Koonce Kirk Marcum Greg Lindsey Jimmy Cates Boe Blankenship Dave Pendley Greg VanNieuwenhuize Stacy Udoni Call to Order City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Interim Fire Chief Fire Investigator /Inspector Public Works Operations Manager Public Works Street Supervisor Building Official Assistant Public Works Director Public Works Management Assistant Mayor Trevino called the work session to order at 6:00 p.m. and invited Rita Wright Oujesky, Council Elect, Place 2 to join Council in the meeting. City Council Minutes May 14, 2012 Page 2 A.0 Discuss Items from Regular City Council Meeting There were no questions from the Council. Mayor Trevino expressed congratulations to the newly elected Council and to Council, staff and the bond committee for the successful bond election. Mayor Trevino asked for Council consensus to allow Council -elect Oujesky to join Council in Executive Session. Council concurred. 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 551.074 Texas Government Code, to deliberate the appointment of a public officer or employee: Municipal Court Judge and Alternates Mayor Trevino announced at 6:04 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 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 2) Section 551.074 to deliberate the appointment of a public officer or employee: Municipal Court Judge and Alternates. C.0 Adjournment Mayor Trevino announced at 6:48 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 May 14, 2012 at 7:01 p.m. City Council Minutes May 14, 2012 Page 3 ROLL CALL Present: Oscar Trevino Tim Barth Tito Rodriguez Vacant Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, 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 Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. Mayor Trevino congratulated Mayor Pro Tern Barth, Councilman Turnage and Councilwoman elect Rita Wright Oujesky for their election wins over the weekend. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION FOR "NATIONAL PUBLIC WORKS WEEK" PRESENTED BY COUNCILMAN WELCH City Council Minutes May 14, 2012 Page 4 Councilman Welch presented the National Public Works Week Proclamation to Mike Curtis, Managing Director and invited all Public Works staff present in the audience to please come forward and join him at the podium so that they all could be recognized. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION RECOGNIZING "BUILDING SAFETY MONTH" PRESENTED BY COUNCILMAN WHITSON Councilman Whitson presented to Dave Pendley, Building Official a proclamation proclaiming the month of May as Building Safety Month. A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPRC)VFn B.1 APPROVAL OF MINUTES OF APRIL 23, 2012 CITY COUNCIL MEETING B.2 PW 2012 -010 AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES BY ADDING THE NEW ARTICLES VII AND VIII, ESTABLISHING REGULATIONS FOR STORM WATER WASTE MANAGEMENT AND POST CONSTRUCTION STORM WATER MANAGEMENT - ORDINANCE NO. 3184 B.3 PW 2012 -011 AMENDING THE CITY'S CODE OF ORDINANCES FOR SECTION 54- 102(B) FOR SPEED ZONES ON PRECINCT LINE ROAD - ORDINANCE NO. 3195 B.4 PW 2012 -012 RECOMMEND AWARD OF BID FOR THE 37TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT: SCRUGGS DRIVE City Council Minutes May 14, 2012 Page 5 SANITARY SEWER REHABILITATION TO PM CONSTRUCTION & REHAB, LLC IN THE AMOUNT OF $151,122.00 - RESOLUTION NO. 2012 -012 B.5 PU 2012 -016 AWARD BID NO. 12 -021 ANNUAL CONTRACT FOR IRRIGATION SYSTEM COMPONENTS & SUPPLIES TO METRO SUPPLY CO. B.6 GN 2012 -033 APPROVAL OF CONTINUED PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM - RESOLUTION NO. 2012 -013 B.7 GN 2012 -034 APPROVE DENIAL OF RATE INCREASE REQUESTED BY ATMOS ENERGY CORPORATION, MID -TEX DIVISION - RESOLUTION NO. 2012 -014 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS C.1 RP 2012 -04 PUBLIC HEARING AND CONSIDERATION OF A REPLAT FOR BRYNWYCK ADDITION, BEING A REVISION OF LOTS 1 -29, BLOCK A, AND LOTS 1 -4, BLOCK B, BRYNWYCK ADDITION, CONTAINING 7.662 ACRES IN THE 8800 BLOCK OF MARTIN DRIVE. APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. The applicant was not present. Mayor Trevino announced that the item would be presented at the end of the meeting to allow the applicant time to arrive and present the request. Item presented after G.1 below. C.2 SUP 2012 -02 PUBLIC HEARING AND CONSIDERATION OF A SPECIAL USE PERMIT FOR AN EMERGENCY CLINIC ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, DAVIS -NORTH TARRANT PKWY ADDITION; LOCATED ON 1.709 ACRES AT 8950 NORTH TARRANT PARKWAY - ORDINANCE NO. 3201 appRC)VFII City Council Minutes May 14, 2012 Page 6 Mayor Trevino opened the public hearing and called on the applicant to come forward. Michael Clark, Winkelmann & Associates, Inc., 6750 Hillcrest Plaza, Suite 325, Dallas, TX, representing the applicant came forward. The applicant, E -Care Emergency Management is requesting approval of a Special Use Permit for an emergency clinic at a former Eckerd Drug store site. Mr. Winkelmann advised upgrades will be made to the fagade, landscaping will be replaced, some landscaping will be added, and the existing pole sign will be removed and replaced with two monument signs that meet current code. Council was advised personnel from E -Care were present to answer questions. Council questioned how the facility was different from the emergency care clinic down the street and asked E -Care personnel to address the facility's use of ambulances. Dr. Josh Prickett advised the other facility was an urgent care facility. Urgent Care facilities are family medicine doctor oriented with not all having x -ray capability. The urgent care facilities care for more simple urgent care patients and would not have CAT scan or ultra sound capabilities. E -Care will have the capabilities to care for emergent patients. Dr. Prickett advised they would be meeting with the City's new Fire Chief and Dr. Yomata, Emergency Director regarding the transporting of patients to and from their facility. Mr. Clayton Comstock, Senior Planner, summarized the case and presented the elevations and revisions to the site plan. The Planning and Zoning Commission recommended approval of the SUP subject to staff's recommendations of a 15' landscape buffer along Davis Boulevard. Staff is recommending approval of the special use permit request. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. Dr. Frank Genco, 1104 John McCain Road, Colleyville, Urgent Care Clinic, spoke in opposition to the request. There being no one else wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WHITSON MOVED TO APPROVE SUP 2012 -02, ORDINANCE NO. 3201. MAYOR PRO TEM BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. City Council Minutes May 14, 2012 Page 7 C.3 ZC 2012 -01 PUBLIC HEARING AND CONSIDERATION OF A ZONING CHANGE FROM R -2 SINGLE FAMILY RESIDENTIAL TO R -1 -S SPECIAL SINGLE FAMILY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACT 18B, S. RICHARDSON SURVEY, ABSTRACT NO. 1266 AND LOCATED AT 8800 KIRK LANE - ORDINANCE NO. 3196 APPROVED Mayor Trevino announced that Items C -3 and C -4 were related and would be discussed together. Item C -3 is a public hearing on a zoning change and Item CA is a final plat related to the zoning change. Council was advised that separate motions will be considered for each item. Mayor Trevino opened the public hearing on Item C -3 and asked the applicant to come forward to present his cases. Rick Figueroa, applicant, came forward. Mr. Figueroa advised he was requesting approval of a zoning change from R -2 Single Family to R -1 -S Special Single Family and approval of a replat for his residential property located at 8800 Kirk Lane. Mr. Figueroa advised the zoning change will be a better fit for the property with the accessory buildings currently on the property. The final plat will allow him to remodel his home. Mr. Clayton Comstock, Senior Planner, summarized agenda items C.3 and CA. The zoning request is for a 2.047 acre residential property and will allow the owners to utilize some of the benefits that come with R -1 -S zoning, including more flexible accessory structure regulations. There is an existing residential structure on the property and unauthorized construction of a pool house /cabana. The final plat creates Lot 5, Block 1 Taylors Place Addition. This was previously preliminary platted but was never final platted. It also includes dedication of right of -way for Kirk Lane in credit for the proportional costs of roadway improvements under a development agreement. The Planning and Zoning Commission recommended approval of the zoning subject to the applicant acquiring the appropriate permits, inspections and approvals for any existing unauthorized structures on the property. The Planning and Zoning Commission recommended approval of the final plat. The appropriate permits and inspections have been made and approved by staff for the existing structures and staff is recommending approval of the zoning change. Staff is also recommending approval of the final plat and the Developer Agreement for Municipal Infrastructure Costs for Lot 5, Block 1 of Taylor's Place Addition. Mayor Trevino called for anyone wishing to speak for or against the zoning request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing and called for the motion. City Council Minutes May 14, 2012 Page 8 COUNCILMAN WELCH MOVED TO APPROVE ZC 2012 -01, ORDINANCE NO. 3196. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. CA FP 2012 -02 CONSIDERATION OF A FINAL PLAT AND DEVELOPMENT AGREEMENT TO CREATE LOT 5, BLOCK 1, TAYLOR'S PLACE ADDITION ON PROPERTY CURRENTLY DESCRIBED AS TRACT 18B, STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 1266; LOCATED ON 2.047 ACRES AT 8800 KIRK LANE (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.3) APPROVED Item was presented and discussed in conjunction with Item C.3 above. COUNCILMAN RODRIGUEZ MOVED TO APPROVE FP 2012 -02, APPROVING FINAL PLAT FOR LOT 5, BLOCK 1, TAYLOR'S PLACE ADDITION AND THE DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.5 ZC 2012 -03 PUBLIC HEARING AND CONSIDERATION OF A ZONING CHANGE FROM C -1 COMMERCIAL TO R -1 SINGLE FAMILY RESIDENTIAL ON PROPERTY DESCRIBED AS LOTS 5 AND 6, BLOCK 2, MOLLIE B. COLLINS ADDITION; LOCATED AT 7828 ODELL STREET AND 6841 SMITHFIELD ROAD - ORDINANCE NO. 3197 APPROVED Mayor Trevino announced that Items C -5 and C -6 were related and would be discussed together. Item C -5 is a public hearing on a zoning change and Item C.6 is a replat related to the zoning change. Council was advised that separate motions will be considered for each item. Mayor Trevino opened the public hearing on Item C -5 and asked the applicant to come forward to present the requests. Ms. Phyllis Reaves, realtor representing both the applicant, loan Grosu, and the property owner presented the zoning and replat requests. The zoning request is for approval of a zoning change from C -1 Commercial to R -1 Single Family on two undeveloped lots located at the southwest corner of Smithfield Road and Odell Street. The replat will create a single lot from the two existing lots. City Council Minutes May 14, 2012 Page 9 Mr. Clayton Comstock, Senior Planner, summarized the two items. The current zoning is inconsistent with the prevailing development and zoning pattern of Odell Street. The zoning change to residential is in keeping with the character of Odell Street and is consistent with the Comprehensive Plan. The replat will create a single lot, Lot 5R, from existing Lots 5 and 6. Mr. loan plans to build a home on the lot. The Planning and Zoning Commission recommended approval of the zoning change and replat. Mayor Trevino called for anyone wishing to speak for or against the zoning request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2012 -03, ORDINANCE NO. 3197. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.6 RP 2012 -01 CONSIDERATION OF A REPLAT TO CREATE LOT 5R, BLOCK 2, MOLLIE B. COLLINS ADDITION ON PROPERTY CURRENTLY DESCRIBED AS LOTS 5 AND 6, BLOCK 2, MOLLIE B. COLLINS ADDITION; LOCATED ON 0.391 ACRES AT 7828 ODELL STREET AND 6841 SMITHFIELD ROAD (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.5) APPROVED Item was presented and discussed in conjunction with Item C.5 above. COUNCILMAN LOMBARD MOVED TO APPROVE RP 2012 -01. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.7 ZC 2012 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A ZONING CHANGE FROM C -1 COMMERCIAL, 0-1 OFFICE AND R -2 SINGLE FAMILY RESIDENTIAL TO U INSTITUTIONAL ON APPROXIMATELY 12.929 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. - ORDINANCE NO. 3198 COUNCIL ACTION POSTPONED TO JUNE 25, 2012 City Council Minutes May 14, 2012 Page 10 Mayor Trevino advised that the next three items C.7 (ZC 2012 -04), C.8 (ZC 2012 -05) and C.9 (RP 2012 -03) were related and he would open the public hearings for all three items but Council will vote on third item separately. Mayor Trevino opened the public hearings on ZC 2012 -04, ZC 2012 -05 and RP 2012 -03 and called on the applicant to come forward. Dustin Austin, 700 West Harwood Drive, Hurst representing the applicant came forward. Mr. Austin advised that at the Planning and Zoning meeting they agreed to work with the citizens of Timber to make Timber Drive a dead end street and not tie in with Thornbridge West. Mr. Austin advised they have had several meetings with the citizens and staff and have been unable to meet the needs of both parties. Mr. Austin advised they are requesting approval of the original plans. Council questioned why an agreement could not be reached for a cul de sac on Timber. Council also recalled that several years ago the Council had discussed their desire for the entrance to this property to be tied to the light by the fire station. Mr. Austin advised they had considered several options for Timber from a hammerhead approach to a cul de sac and they had been unable to meet the needs of staff. Mr. Austin also advised that from an economic standpoint today they did not feel the lots would support the expense of tying the entrance to a signal light. Mr. Austin advised they purchased a piece of property at the front of Timber Drive giving them optional access to the development off Timber and Davis Boulevard. Mayor Trevino stated that the Council would like more information on how it is cost prohibitive. Clayton Comstock, Senior Planner, explained the three items. Zoning Case 2012 -04 is a request to change approximately 13 acres currently zoned C -1, 0-1 and R -2 to U Institutional. Zoning Case 2012 -05 is a request to change from R -3 and 0-1 to R -2 zoning. The replat is for 36 residential lots and three open space lots on 25 acres. In response to questions from Council, Mr. John Pitstick, Director of Planning, advised the development consists of 36 lots and typically, not more than 30 lots are allowed without a secondary access. The applicant has worked with TxDOT and received approval for a temporary access or emergency access. It is Staff's understanding that the cost to align the road with Shadywood would be more than half million dollars and the relative cost it would add to the lots would be out of the market range. Mayor Trevino called for anyone wishing to speak for or against the requests to come forward. Michael Bokros, representing his parents at 8632 Timber Drive, questioned if the hammerhead at the end of Timber Drive discussed at the meetings with the residents was no longer being proposed. Staff advised they had not seen a proposal for a City Council Minutes May 14, 2012 Page 11 hammerhead. Mr. Bokros stated a hammerhead would impact 8632 in the way of modifications to the easement and wanted Council to be aware his parents also had not seen any proposals and have not agreed to a hammerhead. Mr. Bokros also stated that the street was not built to accommodate any additional traffic. Roger Martin, 8629 Timber Drive, expressed concerns with traffic on Timber and safely entering and exiting Davis Boulevard. Mr. Martin advised they had met with the developer but nothing had materialized from their discussions. Kelly Elliott, 8628 Timber Drive, expressed concerns with the residents on Timber Drive thinking agreements had been reached and the Planning & Zoning Commission recommending a cul de sac be put on Timber Drive yet the development plan keeps being brought back as the original plan without a cul de sac on Timber Drive. Judy Showalter, 8624 Timber Drive, expressed concerns with traffic and with opening Timber Drive to the development. Ms. Showalter advised it was her understanding from Saturday's meeting the developer was placing a hammerhead on Lot 14. There being no one else wishing to speak Mayor Trevino closed the public hearings and called for a motion on ZC 2012 -04, Ordinance No. 3198 and ZC 2012 -05, Ordinance No. 3199. COUNCILMAN TURNAGE MOVED TO DENY ZC 2012 -04 AND ZC 2012 -05. COUNCILMAN WELCH REQUESTED AN AMENDMENT TO THE MOTION TO GIVE THE APPLICANT 30 DAYS FOR CONTINUANCE TO WORK WITH THE NEIGHBORS TO REACH AN AGREEMENT AND IF AN AGREEMENT CANNOT BE REACHED IN 30 DAYS THE ZONING REQUESTS BE DENIED. COUNCILMAN TURNAGE WITHDREW HIS MOTION AND MOVED TO POSTPONE ACTION ON ZC 2012 -04 AND ZC 2012 -05 TO THE SECOND COUNCIL MEETING IN JUNE (JUNE 25). COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO POSTPONE CARRIED 6 -0. C.8 ZC 2012 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A ZONING CHANGE FROM 0-1 OFFICE AND R -3 RESIDENTIAL TO R -2 RESIDENTIAL ON APPROXIMATELY 1.857 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. - ORDINANCE NO. 3199 COUNCIL ACTION POSTPONED TO JUNE 25, 2012 This item was related to the previous item C.7 and the public hearing was opened and discussed in item C.7. City Council Minutes May 14, 2012 Page 12 MOTION WAS MADE WITH AGENDA ITEM C.7, ZC 2012 -04. C.9 RP 2012 -03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A REPLAT TO CREATE THORNBRIDGE WEST ADDITION, BEING A REVISION OF A PORTION OF HOLDER SMITHFIELD ESTATES AND A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 1266, CONTAINING 24.964 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. COUNCIL ACTION POSTPONED TO JUNE 25, 2012 This item was related to the previous two items C.7 and C.8 and the public hearing was opened and discussed in item C.7. The applicant was advised Council will need to deny the replat unless the applicant will agree to extend it to the second meeting in June with the continuation of the zoning requests. Mr. Dustin Austin requested the Council postpone RP 2012 -03 until the second council meeting in June. COUNCILMAN TURNAGE MOVED TO POSTPONE RP 2012 -03 UNTIL THE SECOND COUNCIL MEETING IN JUNE (JUNE 25). COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO POSTPONE CARRIED 6 -0. C.10 SDP 2012 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FOR APPEAL FROM MICHELLE THOMAS FOR A REVISED SPECIAL DEVELOPMENT PLAN FOR LOTS 1 AND 3, BLOCK 1, MEACHAM ADDITION, LOCATED WITHIN THE SMITHFIELD TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT AT 6333 SMITHFIELD ROAD AND 7828 ARTHUR DRIVE - ORDINANCE NO. 3202 DENIED Mayor Trevino opened the public hearing and asked the applicant to come forward and present the case. Ms. Michelle Thomas, applicant, advised she previously received approval from Council for a special development plan for the property. The plan was to be under construction at this time but that in October while she was closing on the property a deed restriction was found which prevented her from closing. The deed restriction provides that if the property is used for commercial purposes it will revert to the sellers or heirs of the City Council Minutes May 14, 2012 Page 13 property. Ms. Thomas explained the legal process and time involved to clear the deed restriction. Mr. Ed Markey, 6525 Meadow Lakes Drive, Real Estate Attorney, explained the deed restrictions on the Meacham Addition deeds and the legal procedure for Ms. Thomas to obtain a clear title to her property. Mr. Markee advised that from his experience it is at least a 9 -month process. Mr. John Pitstick, Director of Planning, summarized the case and presented the recommendation of the Planning & Zoning Commission. The applicant received approval in January 2011 for a special development plan (SDP) for interim office uses including the conversion of a single family house for 18 months. The SDP stipulated that by June 1, 2012 the existing residential houses on Lot 1 and Lot 3, Block 1 Meacham Addition would be demolished or removed and construction plans submitted for mixed use buildings. The applicant is requesting an extension until June 2013 to begin construction of mixed use building and to continue to use the existing single family house at 6333 Smithfield Road as a professional office with a CPA and insurance business for the additional 12 months. The Planning and Zoning Commission recommended denial of the special development plan extension and the applicant is appealing to the Council. Staff is recommending denial of a proposed extension of this special development plan and encourages the ongoing development of the tract under the current TOD regulations. Since no outward progress has been made regarding demolition of buildings or submittals of building plans for new buildings, Staff sees no legitimate reason to extend this special development plan for additional time. Mayor Trevino called for comments in support of the request. There being no one wishing to speak, Mayor Trevino called for comments in opposition to the request. Mr. Glenn Willis, 7820 Arthur Drive, advised he was not against the development of the property but was opposed to the access for the property being on Arthur Drive. Mayor Trevino advised the issue before Council was whether to grant the extension and not access to the property. Mr. Willis' concerns with access to the property would need to be addressed at another time. Mr. Willis advised he was opposed to the extension. Mr. Kevin Murphy, 7813 Arthur Drive (also owns 7805 Arthur Drive) advised he was opposed to the extension and wanted access to the property to be on Mid Cities Boulevard. City Council Minutes May 14, 2012 Page 14 There being no one else wishing to speak Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO DENY SDP 2012 -01, ORDINANCE NO. 3202. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO DENY CARRIED 6 -0. C.11 SUP 2012 -01 PUBLIC HEARING AND CONSIDERATION OF A SPECIAL USE PERMIT FOR A GAS DRILLING /PRODUCTION PAD SITE ON PROPERTY DESCRIBED AS LOT 5RA, BLOCK 3, INDUSTRIAL PARK ADDITION; LOCATED ON 2.027 ACRES AT 6401 BROWNING DRIVE - ORDINANCE NO. 3200 ApppnvFn Mayor Trevino opened the public hearing and called for the applicant to present the request. Jenna Waters, Public Affairs Manager for Chesapeake Energy, 100 Energy Way, Fort Worth, came forward. Ms. Waters advised they were seeking a special use permit for the Rick pad site. The site is located on private property and has the capacity for 10 wells on the pad site. The site will have five wells in each unit — the Colt Unit and the NRH Unit. The Iron Horse Addition neighborhood is located within the Rick pad site zone with 19 homes being within the 600 -foot radius. Of the 19 homes, 18 letters of consent have been received and one home has been recently been purchased but has not taken ownership yet. Chesapeake will be requesting permits for Colt 2H and NRH 1 H and anticipates to begin drilling both wells consecutively in 2012. An 8' high masonry wall and concrete road to the pad site gate will be installed during the initial construction of the pad site. Landscaping will be planted in the fall of 2012. The Planning and Zoning Commission recommended the SUP be restricted to 5 years from date of approval and Chesapeake is requesting removal of the stipulation. Mr. John Pitstick, Director of Planning, summarized the item and presented the recommendations. Staff is recommending approval of the SUP with the following stipulations: • The single family property owners within 600 feet of all proposed wells have input and any appropriate concerns are to be addressed as part of this SUP approval. • Maximum number of gas wells is 10. • SUP is restricted to 5 years from the date of approval. • A minimum of 150 foot setback be established for 7 out of the 10 proposed gas wells to adjacent property lines and public streets (Planning and Zoning's City Council Minutes May 14, 2012 Page 15 recommendation was for all 10 of the proposed wells to meet this setback requirement). Mayor Trevino called for comments in support of the request. Mr. Ed Sprola, 5608 Sawgrass Court spoke in support stating that Chesapeake had made commitments since the April 19 meeting to address the residents' concerns. Mr. Bill McDowell did not wish to speak but wished to go on record as being in support of the request. Mayor Trevino called for comments in opposition to the request. Ms. Judy Simpson, 6312 St. Andrews Drive, expressed concerns with traffic if Chesapeake is allowed to have five years to drill. Mr. Jonathan Blackman, 6313 Torrey Pines Drive, expressed concerns with the traffic and the environmental impact from the gas drilling. There being no one else wishing to speak Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE SUP 2012 -01, ORDINANCE NO. 3200. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 AP 2012 -01 CONSIDERATION OF AN AMENDED PLAT FOR LOT 3CR, BLOCK 1, NORTHEAST CROSSING ADDITION. BEING A REVISION OF LOT 3C, BLOCK 1, NORTHEAST CROSSING ADDITION LOCATED AT 9121 BOULEVARD 26 npppnvpn Mr. Robert Chu, representing the applicant CRR Property Holdings, presented a request to amend the replat for the Northeast Crossing Addition. Mr. Clayton Comstock, Senior Planner, summarized the item. The amended plat will vacate a portion of an access easement which appears on Lot 3C of the current plat and adds a utility easement to the lot. Office Depot has been approved to construct on City Council Minutes May 14, 2012 Page 16 the lot, but the site plan approval has them building over an existing access easement for Kroger's access door on their southwest side of the building. The size of the access easement is being reduced to allow for the construction of the Office Depot and some additional utility easements are being added. The Planning and Zoning Commission and Staff recommend approval of the amended plat. COUNCILMAN RODRIGUEZ MOVED TO APPROVE AP 2012 -01. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. 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 EXECUTIVE SESSION ITEM B.2 DELIBERATE THE APPOINTMENT OF A PUBLIC OFFICER OR EMPLOYEE: MUNICIPAL COURT JUDGE AND ALTERNATES APPROVED Council discussed in Executive Session the appointment of the Municipal Court Judge for a two -year term and the appointment of alternate judges when the judge is temporarily absent. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE NO. 3203 APPOINTING STEWART BASS AS MUNICIPAL COURT JUDGE AND GLYNNIS MCGINTY AND LORRAINE IRBY AS MUNICIPAL JUDGE ALTERNATES. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes May 14, 2012 Page 17 MOTION TO APPROVE CARRIED 6 -0. C.1 RP 2012 -04 PUBLIC HEARING AND CONSIDERATION OF A REPLAT FOR BRYNWYCK ADDITION, BEING A REVISION OF LOTS 1 -29, BLOCK A, AND LOTS 1 -4, BLOCK B, BRYNWYCK ADDITION, CONTAINING 7.662 ACRES IN THE 8800 BLOCK OF MARTIN DRIVE. APPROVED Mayor Trevino announced that the item had been previously opened for the public hearing and called the applicant to come forward. Mr. Clint Richardson, representing Meritage Homes, appeared before the Council and advised the replat was the same plat previously approved by Council but with the addition of some utility easements. Mr. Clayton Comstock, Senior Planner, summarized the item. The purpose of the replat is to dedicate utility easements omitted from the replat approved by Council in September 2011. Because the plat has not been filed with the County, the request is essentially a reapproval of the plat. The replat addresses some utility easements that are needed to provide power, gas and communications to some of the lots. The replat does not change the number, size or layout of the lots and is consistent with previous approvals for the development of 36 residential lots and 2 open space lots. The Planning and Zoning Commission recommended approval of the replat. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE RP 2012 -04. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS City Council Minutes May 14, 2012 Page 18 Mayor Pro Tern Barth made the following announcements. Early voting for the Texas primary elections began today and continues through May 25th in the gymnasium of the former NRH Recreation Center located at 6720 NE Loop 820. The primary elections are conducted by the Tarrant County Elections Office. For a complete list of early voting times and locations, or to view a sample ballot, visit www.tarrantcounty.com /evote or call 817 - 831 -8683. The North Richland Hills Fire Department conducts CPR classes each month for the community. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, May 19th. The cost is $25. To sign up or get more information, please call 817 - 427 -6901. Kudos Korner - Josh Oler & Dwayne Dornquast, Public Works. A resident emailed to commend Josh and Dwayne for their rapid response and their professional manner in completing a street repair in front of his house. The resident stated, "It's not often you get next -day service from anyone these days. They went well beyond a simple patch and did a very competent job of removing and putting into place a reinforced, well executed new section." He added that they were also friendly and polite. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:25 p.m. „ATTES11h Oscar Trevino — Mayor Patricia Hutson, City Secretary