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HomeMy WebLinkAboutCC 2013-08-12 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — AUGUST 12, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12 day of August 2013 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Tito Rodriguez Mayor Pro Tem, Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin James Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director JoAnn Stout Director of Neighborhood Services Craig Hulse Economic Development Director Chris Amarante Director of Facilities & Construction Mark Mills Budget Director Kirk Marcum Assistant Fire Chief Greg VanNieuwenhuize Engineer Don Wertzberger Project Manager Andy Kancel Assistant Police Chief Chun Mezger Humane Services Supervisor Robert Lung Economic Development Specialist Dave Pendley Building Official Absent: Oscar Trevino Mayor Scott Turnage Council, Place 6 Call to Order Mayor Pro Tem Rodriguez called the work session to order at 5:30 p.m. City Council Minutes August 12, 2013 Page 2 A.0 Discuss Items from Regular City Council Meeting There were no questions from Council on the regular agenda items. A.1 Animal Shelter Update and Fundraising Overview Ms. JoAnn Stout, Director of Neighborhood Services, introduced David Duman, Quorum Architects. The Council authorized a contract with Quorum Architects in October 2012 for the design and implementation of the new animal shelter. Mr. Duman reviewed the site plan and floor plan for the Shelter and presented a fly through video of the exterior and interior designs. Ms. Stout gave a brief overview of the project's funding. Funding for the project includes $1.3 million from the 2003 bond election with the remainder of the funding from donations. Ms. Stout discussed the different phases of the fundraising campaign, marketing materials, and the opportunities that will be available to the public to support the project. The campaign mascot and video was shown. A.2 Smoking Ordinance Revisions Mr. John Pitstick, Director of Planning and Development, discussed with Council proposed revisions to the Smoking Ordinance. The proposed ordinance is in response to public requests, to protect citizens from the effects of secondhand smoke, to update the current ordinance adopted in 1987, and to keep in line with other DFW cities. Mr. Pitstick reviewed the provisions of the current ordinance and advised of other DFW cities with more restrictive smoking ordinances. The smoking ordinances for the cities of Hurst, Arlington and Fort Worth were highlighted. Mr. Pitstick compared the City's current regulations to the proposed regulations and discussed the impact on the public and local businesses. Council was advised the goal was to be consistent with area cities in a way that would not close any business down. After questions and brief discussion, the consensus of the Council was to move forward with the proposed revisions to the Smoking Ordinance. 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 551.072 Texas Government Code to consider acquisition of a 0.212 -acre tract of land (approximately 9,219 square feet) located at the southwest corner of Boulevard 26 and Road to the Mall i City Council Minutes August 12, 2013 Page 3 Mayor Pro Tern Rodriguez announced at 6:14 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 551.072 to consider acquisition of a 0.212 acre tract of land (approximately 9,219 square feet) located at the southwest corner of Boulevard 26 and Road to the Mall. C.0 Adjournment Mayor Pro Tern Rodriguez announced at 6:26 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tern Rodriguez called the meeting to order August 12, 2013 at 7:00 p.m. ROLL CALL Present: Tito Rodriguez Mayor Pro Tem, Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 { Staff: Mark Hindman City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples Attorney Absent: Oscar Trevino Mayor Scott Turnage Council, Place 6 i i E t City Council Minutes August 12, 2013 Page 4 A.1 INVOCATION Councilwoman Wright Oujesky gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Wright Oujesky led the pledge of allegiance. A.3 SPECIAL PRESENTATION 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 JULY 22, 2013 CITY COUNCIL MEETING B.2 CONSIDER AN ORDINANCE AMENDING SECTION 10 -153 OF THE CODE OF ORDINANCES, THE DEFINITION SECTION OF THE ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES - ORDINANCE NO. 3261 COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. f City Council Minutes August 12, 2013 Page 5 MOTION TO APPROVE CARRIED 5 -0. C.0 PUBLIC HEARINGS C.1 SUP 2013 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CHESAPEAKE ENERGY FOR A REVISED SPECIAL USE PERMIT TO ADD ADDITIONAL LANDSCAPING AT THE TCCD SOUTH GAS WELL PAD SITE LOCATED AT 828 W. HARWOOD RD. - ORDINANCE NO. 3259 APPROVED Mayor Pro Tern Rodriguez opened the public hearing and called on the applicant to present the item. Ms. Leah King, Chesapeake Energy, presented a request for a revised Special Use Permit for the TCCD South pad site for additional landscaping along Boulevard 26. Chesapeake is requesting to install the additional landscaping and paint the production tanks as a compromise to help screen the production tanks from public view. Ms. King reviewed the revised landscaping and irrigation plans with Council. Mr. John Pitstick, Director of Planning & Development summarized the item. The original SUP approved in 2009 included line of site drawings indicating all proposed holding tanks would not be visible from surrounding streets. The masonry wall was constructed first and then the interior pad site was graded in a manner leaving the holding tanks exposed over the masonry wall. In an effort to mitigate and partially hide the holding tanks, Chesapeake is proposing to install a series of meandering grassed berms with trees along Boulevard 26. The Planning & Zoning Commission recommended approval of the SUP with the addition of grass berms, additional trees along Boulevard 26 and to maintain a tan color on the holding tanks. Staff is recommending approval of the Ordinance and SUP with the addition of a series of grassed berms and 28 new trees along Boulevard 26 to provide a natural screen from the traveling public and maintain a tan color on the holding tanks to blend with the existing masonry wall to camouflage the exposed tanks. Mayor Pro Tern Rodriguez called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tern Rodriguez closed the public hearing and called for the motion. i City Council Minutes August 12, 2013 Page 6 COUNCILMAN LOMBARD MOVED TO APPROVE ORDINANCE NO. 3259, SUP 2013 -04 WITH THE ADDITION OF A SERIES OF GRASSED BERMS AND 28 NEW TREES ALONG BOULEVARD 26 TO PROVIDE A NATURAL SCREEN FROM THE TRAVELING PUBLIC AND MAINTAIN A TAN COLOR ON THE HOLDING TANKS TO BLEND WITH THE EXISTING MASONRY WALL TO CAMOUFLAGE THE EXPOSED TANKS. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -09 CONSIDERATION OF A REQUEST FROM WINKELMANN & ASSOCIATES, INC. FOR A FINAL PLAT OF NORTH TARRANT MARKETPLACE, 11 LOTS ON 26.94 ACRES AT THE SOUTHWEST CORNER OF NORTH TARRANT PARKWAY AND PRECINCT LINE ROAD APPROVED Mr. Michael Clark, Winkelmann & Associates, representing Newquest Properties, Chesapeake Land Development Company and Jeddiah J. Bell, Jr. presented a request for a final plat for 11 commercial lots at the southwest corner of North Tarrant Parkway and Precinct Line Road. To accommodate the development two current easements are proposed to be abandoned. Mr. Winkelmann advised the easements will be abandoned after the facilities within the easements are relocated. Mr. Winkelmann requested the abandonments accompany the plat to address the issue of any encumbrances that might impact the project and to demonstrate the City's willingness to vacate the easements. Mr. Clayton Comstock, Senior Planner, summarized Staff's Report and advised the Planning and Zoning Commission recommended approval on July 18. COUNCILMAN WHITSON MOVED TO APPROVE FP 2013 -09, TO INCLUDE THE ABANDONMENT OF THE SANITARY SEWER EASEMENTS CONTINGENT UPON THE LOCATION AND CONSTRUCTION OF THE REPLACEMENT FACILITIES AS REFLECTED IN THE ORDINANCE (ORDINANCE NO. 3263). MOTION TO APPROVE CARRIED 5 -0. E.0 PUBLIC WORKS No items for this category. City Council Minutes August 12, 2013 Page 7 F.0 GENERAL ITEMS F.1 SETTING THE DATE FOR THE PUBLIC HEARING FOR THE FY 2013/2014 CITY BUDGET, FY 2012/2013 REVISED CITY BUDGET, PROPOSED PROJECTS AND OPERATIONS OF THE PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION, AND THE CRIME CONTROL AND PREVENTION DISTRICT APPROVED Mr. Mark Mills, Director of Budget, presented the item. Council is being asked to set the public hearing dates for the proposed FY 2013/2014 City Budget, FY 2012/2013 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation and the Crime Control and Prevention District. The public hearings are planned for Monday, August 26 as follows: 6:15 p.m. Park and Recreation Facilities Development Corporation 6:30 p.m. Crime Control and Prevention District 7:00 p.m. City Budgets as part of the regular City Council meeting. COUNCILMAN LOMBARD MOVED TO SET THE DATE FOR THE PUBLIC HEARINGS FOR AUGUST 26, 2013 WITH THE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION OCCURRING AT 6:15 P.M., THE CRIME CONTROL AND PREVENTION DISTRICT OCCURRING AT 6:30 P.M. AND THE ANNUAL CITY BUDGET OCCURRING AS AN ITEM ON THE AGENDA FOR THE 7:00 P.M. CITY COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.2 CONDUCT A VOTE ON PLACING THE TAX RATE ADOPTION ON THE AGENDA OF THE SEPTEMBER 9, 2013 CITY COUNCIL MEETING APPROVED Mr. Mark Mills, Director of Budget, presented the item. State law requires Council to vote to place the adoption of the tax rate on an agenda as an action item. The date for this vote is planned for September 9, 2013. COUNCILWOMAN WRIGHT OUJESKY MOVED TO PLACE THE ADOPTION OF THE TAX RATE AS AN ACTION ITEM ON THE MONDAY, SEPTEMBER 9, 2013 CITY COUNCIL AGENDA. COUNCILMAN LOMBARD SECONDED THE MOTION. t i d City Council Minutes August 12, 2013 Page 8 MOTION TO APPROVE CARRIED 5 -0. F.3 AMENDING SECTION 106 -13 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO CONFORM CITY SIGN REGULATIONS TO STATE LAW - ORDINANCE NO. 3260 APPROVED Mr. George Staples, Attorney, presented the item. The item is a housekeeping item to consider an ordinance to conform the City's sign regulations to new State law. During the last legislative session, the legislature amended the Election Code to provide that the owners of public buildings used for voting cannot during early or regular voting times restrict electioneering outside the area where electioneering is prohibited by state law. This conflicts with a City ordinance which prohibits , with a few exceptions, political signs on public property. The proposed ordinance addresses the legislative mandate. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO. 3260. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.4 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FY 2014 GRANT - RESOLUTION NO. 2013 -014 APPROVED Andy Kancel, Assistant Police Chief, presented the item. Council is being asked to consider a resolution authorizing submission of a grant agreement for the STEP 2014 Program. The City has received notification that grant funds have been allocated under the STEP 2014 Program to reimburse for overtime hours incurred while conducting enforcement for speed compliance, increased DWI enforcement and intersection control. To receive the grant funds, the City is required to enter into a grant agreement with TxDOT. Resolution No. 2013 -014 authorizes application for the grant and designates the City Manager as the grantee's authorized official. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE RESOLUTION NO. 2013 -014. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. r City Council Minutes August 12, 2013 Page 9 F.5 CONSIDER ORDINANCE AMENDING SECTION 98 -142 OF THE NORTH RICHLAND HILLS CODE OF ORDNANCES ADOPTING AN ADDITIONAL AMENDMENT TO THE 2006 RESIDENTIAL CODE - ORDINANCE NO. 3262 APPROVED Mr. Dave Pendley, Building Official, presented the item. The item is a housekeeping item to consider an ordinance that modifies the 2006 International Residential Code by providing a means for city staff to gain entrance to a rental property that is occupied. Ordinance No. 3162 adopted in 2011 requires an owner of a "residential rental unit" to obtain a certificate of occupancy prior to the unit being occupied by a new tenant. This requires the Building Official to inspect the unit for compliance with the City's Code of Ordinances. The International Residential Code has a provision providing for remedies provided by law if entry into an unoccupied building is refused, but is silent as to any remedy if the premises are occupied. The proposed ordinance provides for an administrative search warrant, which is also current practice. COUNCILMAN LOMBARD MOVED TO APPROVE ORDINANCE NO. 3262. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.6 CONSIDER APPOINTMENTS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE APPROVED Mr. Craig Hulse, Economic Development Director, presented the item. Council is being asked to appoint three members whose terms expire in August to the Economic Development Advisory Committee. Staff is recommending the reappointment of Cindy Brewington, Edward Jones Investments, Randy Moresi, North Hills Hospital, and Mark Wood, Howe Wood & Company, terms to expire August 2015. COUNCILMAN WELCH MOVED TO APPROVE THE REAPPOINTMENT OF MS. CINDY BREWINGTON, MR. RANDY MORESI AND MR. MARK WOOD TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE, TERMS TO EXPIRE AUGUST 2015. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. i F City Council Minutes August 12, 2013 Page 10 F.7 APPOINTMENTS TO RED LIGHT CAMERA ADVISORY COMMITTEE APPROVED Patricia Hutson, City Secretary, presented the item. Council is being asked to approve the annual appointments to the Red Light Camera Advisory Committee. In accordance with State law and City ordinance, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The Mayor and Council are recommending the reappointment of the following current members, terms of office to expire June 30, 2014. Mayor Trevino Jim Bowen Mayor Pro Tern Rodriguez Bob McCary Councilwoman Wright Oujesky Scott Wood Councilman Lombard Charlie Ott Councilman Barth Steve Koons Councilman Whitson Jerry Tyner Councilman Turnage Pam Hansen Councilman Welch Karen Williams COUNCILMAN LOMBARD MOVED TO APPROVE THE APPOINTMENTS AS PRESENTED. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 CONSIDER ACQUISITION OF A 0.212 ACRE TRACT OF LAND (APPROXIMATELY 9,219 SQUARE FEET) LOCATED AT THE SOUTHWEST CORNER OF BOULEVARD 26 AND ROAD TO THE MALL RESOLUTION NO. 2013 -019 APPROVED Mr. George Staples, Attorney, presented the item. Council authorization is needed to proceed with filing eminent domain action to seek to acquire a parcel located at the southwest corner of Boulevard 26 and proposed City Point Drive. The parcel is .2 acres and is planned for public sidewalk, landscaping and the entranceway to match the other i f 1 City Council Minutes August 12, 2013 Page 11 side where the City has already acquired the property. The City has been unable to acquire the parcel and seeks Council authorization through passage of a resolution authorizing eminent domain. COUNCILMAN LOMBARD MOVED THAT CITY COUNCIL AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE 0.212 ACRE OF LAND LOCATED IN THE W.W. WALLACE SURVEY, ABSTRACT NO. 1606, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO JMB INCOME PROPERTIES LTD. BY THE DEED RECORDED IN VOLUME 8051, PAGE 316 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS FOR PUBLIC STREET, PUBLIC SIDEWALK AND PUBLIC PARKWAY USE AND ADOPT RESOLUTION NO. 2013 -019. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS i Councilman Whitson made the following announcements. Registration is underway for adult softball leagues. The fall softball season begins s September 9th. To sign up or get more information, visit the Athletic Division website or call 817- 427 -6619. The City reminds residents that Stage 1 water conservation is in effect. Outdoor watering is limited to no more than twice per week based on address. Watering is also prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. For more information, please visit our website or call the Water Conservation Hotline at 817- 427 -6450. i Kudos Korner — Joyce Fister of the Neighborhood Services Department. A resident emailed thanks and appreciation for Joyce, who took time out of her weekend to assist him. The resident said he was unable to come by the Neighborhood Services Office during normal business hours to pick up a voucher for disposing of hazardous waste. Joyce made arrangements to come in on a Saturday morning to help him. "The citizens of North Richland Hills are fortunate to have an employee such as Joyce serving their needs," he said. H.2 ADJOURNMENT I i f i P City Council Minutes August 12, 2013 Page 12 F Mayor Trevino adjourned the meeting at 7:32 p.m. z L t t Tito Rodriguez — May r Pro Tern Q` iij itr� t t ATTEST: 4: 6 1 E Patricia Hutson, ,ecre .� rG1Ulh711 ?ISUku `'`� �� � 1 4 t f S E F f P 5 F