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Home My WebLink AboutCC 2013-09-09 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 — SEPTEMBER 9, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of September 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Mayor Pro Tem, 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 Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin James Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Stan Tinney Fire Chief Mark Mills Budget Director Chris Amarante Director of Facilities & Construction Craig Hulse Economic Development Director Greg VanNieuwenhuize Engineer Jimmy Cates Operations Manager— Public Works Jason Moore Management Assistant— Public Works Boe Blankenship Supervisor - Streets Clayton Comstock Senior Planner Angel Bellard Utility Service Manager Billy Owens Emergency Management Coordinator Absent: Rita Wright Oujesky Council, Place 2 City Council Minutes September 9, 2013 Page 2 Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meeting Agenda Item C.2 - SUP 2013-05 — Councilman Turnage questioned the timing of the project, if approved. He specifically questioned when the construction would be in progress and when the landscaping would be installed. He questioned if there were any provisions to delay the installation of the landscaping should the project complete during the hot summer months. Staff advised that they anticipated the project would be completed in late 2014 and advised that there were exceptions to allow landscaping to be installed during more amicable weather conditions. A.1 City of North Richland Hills Public Education Program-Water Wise Ms. Angel Bellard, Utility Service Manager, updated Council on the results of the 2012- 2013 Water-Wise Program. The public education program was approved in 2007 and is a school based resource conservation program designed to increase student and family knowledge and awareness of conservation. The program is administered to fifth grade BISD students and is funded jointly by the City and the Tarrant Regional Water District. Recipients of the 2012-2013 Program included a total of 478 students and 10 teachers from 7 schools. The total cost of the program in 2013 was $16,570 and the City's share was $8,297. There were no questions from the Council. A.2 Smoking Ordinance Revisions Mr. John Pitstick, Director of Planning, reviewed with Council the draft smoking regulations previously discussed with Council at the August 12 work session. Mr. Pitstick reviewed the proposed additions where smoking would be prohibited and exceptions for allowed smoking areas. Staff requested feedback from Council on their concurrence with the proposed exceptions to the updated smoking ordinance. Council provided the following comments: • Hotels — no more than 20% of rooms — need to be able to establish which rooms are designated fixed smoking rooms • Primary smoking establishments (cigar, hookah lounge) — 85% smoking revenues; 18 and above) — verify that the 85% ratio of smoking to alcohol sales is realistic for cigar bars. • Prohibited within 25 feet of all primary entrances into indoor enclosed areas — questions on whether the owner is responsible for enforcement. Staff advised City Council Minutes September 9, 2013 Page 3 the owner is responsible for posting a sign, and then the Police Department and Code Enforcement can enforce. • Restaurants with outdoor patios — outdoor patios (after 9:00 p.m. or whenever restaurant is open?) — Council concurrence was smoking may be allowed on patios at all times and owners have the ability to restrict. 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 Executive Session not needed. C.0 Adjournment Mayor Trevino announced at 6:30 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 September 9, 2013 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Tito Rodriguez Mayor Pro Tern, Council, Place 1 Rita Wright Oujesky Council, Place 2 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 City Council Minutes September 9, 2013 Page 4 Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples Attorney A.1 INVOCATION Mayor Pro Tem Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE State Representative Klick and Anthony Cooper, Boy Scout Troop 220 led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) SPECIAL PRESENTATION TO CITY BY REPRESENTATIVE STEPHANIE KLICK State Representative Stephanie Klick presented to the City a resolution passed by the House of Representatives and a resolution from Governor Perry commemorating the City's groundbreaking of the new Municipal Complex. Representative Klick also presented a historic pecan tree to be planted at the new facility along with a certificate of authenticity. The tree was in celebration of the 175th anniversary of Texas Independence and is a seedling harvested from the birthplace of Texas Washington on the Brazos. The seedling, from the La Bahia pecan tree still standing beside the ferry crossing, is living witness to the convention of 1836 where elected delegates approved and unanimously adopted the Texas Declaration of Independence. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA City Council Minutes September 9, 2013 Page 5 There were no items removed from the Consent Agenda. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 26, 2013 CITY COUNCIL MEETING B.2 APPROVAL OF CONTRACT WITH DEPARTMENT OF STATE HEALTH SERVICES FOR ON-LINE COMPUTER SERVICES FOR REMOTE VITAL STATISTIC ACCESS COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.0 PUBLIC HEARINGS C.1 ZC 2013-13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HOWE INVESTMENT COMPANY, LLC ON BEHALF OF JAMES & JOAN THOMASSON, WESLEY D. BANNISTER & ELLEN F. O'DANIEL, DARLA BOSWELL AND PAULA CAPSHAW FOR A ZONING CHANGE FROM AG AGRICULTURAL, R-1 SINGLE FAMILY RESIDENTIAL, AND R-1-S SPECIAL SINGLE FAMILY RESIDENTIAL TO R-2 SINGLE FAMILY RESIDENTIAL ON 8.943 ACRES LOCATED AT 7223, 7301, 7305 AND 7309 EDEN ROAD - ORDINANCE NO. 3268 APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. Mr. Mark Wood, Howe Investment Company, 6617 Precinct Line Road, came forward and requested approval of the zoning change to R-2 single family residential. Mr. Wood advised plans were to develop a residential subdivision consisting of 28 residential lots and one open space lot for drainage detention. Mr. Wood presented a concept plan of the lay out of the property and examples of the proposed detention pond and type of homes to be constructed in the development. Mr. Wood advised the drainage issues would be addressed during the platting process and the drainage would conform to all city regulations and requirements. City Council Minutes September 9, 2013 Page 6 Mr. John Pitstick, Director of Planning, presented staff's report and the recommendation of the Planning and Zoning Commission. Mayor Trevino called for anyone wishing to speak in favor of or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2013-13, ORDINANCE No. 3268. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.2 SUP 2013-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CALIBER SHOOTING CENTER, LLC FOR A SPECIAL USE PERMIT FOR AN INDOOR SHOOTING RANGE LOCATED AT 7901 BOULEVARD 26 (FORMERLY HOME DEPOT EXPO DESIGN CENTER) - ORDINANCE NO. 3269 APPROVED Mayor Trevino opened the public hearing. Mr. Aaron Kreag, 7821 Cloverleaf Drive, NRH, representing Caliber Shooting Center and Mr. Joe Hillard, architect with BOKA Powell, Dallas, came forward to present the request for a special use permit for an indoor shooting range. Mr. Kreag advised he is proposing to open in the former Home Depot EXPO building located at 7901 Boulevard 26, the largest and most comprehensive indoor firearms training and retail facility in the United States. Mr. Kreag presented renderings of the proposed facility, advised of the project's timeline, the facility's features and services that would be offered, environmental and safety systems that would be used, and addressed items discussed at the Planning and Zoning meeting. Mr. Hillard addressed the building and site improvements. Mr. Clayton Comstock, Senior Planner, presented Staff's report and the Planning and Zoning Commission's recommendation. Mr. Comstock reviewed the site plan, landscape plan, building elevations and exterior lighting requirements. The Planning and Zoning Commission recommended approval subject to smoking or alcohol not being permitted at the facility, a sunset clause where the Special Use Permit would be eliminated after six months of discontinuance, the removal of the 6 foot fence along the north property line, the existing pole sign on Boulevard 26 may remain and staff to verify the proper repair of the leaning masonry fence on Birchwood. Mr. Comstock advised staff had checked the masonry fence and it does not meet the replacement threshold. Mr. Comstock also advised that the recommendation to allow Caliber } City Council Minutes September 9, 2013 Page 7 Shooting Center to keep the existing pole sign on Boulevard 26 would require a separate hearing by the Sign Review Board. Staff is recommending approval with a sunset clause where the Special Use Permit would be revoked if a Certificate of Occupancy for the use described by the Special Use Permit were not issued by January 1, 2015. Mayor Trevino called for comments in favor of the request and in opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing and entertained a motion. COUNCILMAN LOMBARD MOVED TO APPROVE SUP 2013-05, ORDINANCE No. 3269, SUBJECT TO SMOKING OR ALCOHOL NOT BEING PERMITTED, AND A SUNSET CLAUSE WHERE THE SPECIAL USE PERMIT WOULD BE REVOKED IF A CERTIFICATE OF OCCUPANCY FOR THE USE DESCRIBED BY THE SPECIAL USE PERMIT IS NOT ISSUED BY JANUARY 1, 2015. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.3 ZC 2013-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RIDINGER ASSOCIATES, INC. ON BEHALF OF RUSSELL E. JOHNSON AND NISHER OPERATIONS LP FOR A ZONING CHANGE FROM AG AGRICULTURAL AND O-1-NR-PD NONRESIDENTIAL PLANNED DEVELOPMENT TO NR-PD NONRESIDENTIAL PLANNED DEVELOPMENT ON 1.604 ACRES LOCATED AT 8301 AND 8309 DAVIS BOULEVARD - ORDINANCE NO. 3267 APPROVED Mayor Trevino opened the public hearing. Mr. J.D. Lawrence with Ridinger Associates, 550 South Edmonds Lane, Suite 101, Lewisville, representing the applicant, came forward to present the request. The applicant is requesting a zoning change to expand the boundaries of the Neighborhood Pet Health Center at 8301 Davis Boulevard. The expansion incorporates the adjacent property to the north which is currently zoned AG Agricultural. The applicant is also requesting in conjunction with the rezoning approval of a replat (Item D.1) to combine both lots into one continuous lot for shared common access to the north. Mr. Clayton Comstock, Senior Planner, presented the rezoning request along with the applicant's request for a replat (Item D.1) of the property. With Council concurrence, Mayor Trevino opened Agenda Item D.1. City Council Minutes September 9, 2013 Page 8 Mr. Comstock presented Staff's report for agenda items C.3 and D.1 and advised of the Planning and Zoning Commission's recommendations. Mayor Trevino called for comments in favor of and opposed to the zoning request. There being no one wishing to speak, Mayor Trevino closed the public hearing and entertained a motion for Item C.3. COUNCILMAN WELCH MOVED TO APPROVE ZC 2013-11, ORDINANCE No. 3267. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2013-06 CONSIDERATION OF A REQUEST FROM RIDINGER ASSOCIATES, INC. ON BEHALF OF RUSSELL E. JOHNSON AND NISHER OPERATIONS LP FOR A REPLAT FOR LOT 1R, BLOCK A, MUNSELL SUBDIVISION ON 1.604 ACRES LOCATED AT 8301 AND 8309 DAVIS BOULEVARD APPROVED Item was presented and discussed in conjunction with the zoning request, Agenda Item. C.3. MAYOR PRO TEM RODRIGUEZ MOVED TO APPROVE RP 2013-06. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.0 PUBLIC WORKS E.1 APPROVE THE 2013 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED City Council Minutes September 9, 2013 Page 9 Mr. Boe Blankenship, Street Superintendent, presented the 2013 Preventive Street Maintenance Program. The method used for selecting streets is similar to the method used the past several years and as in previous years, most of the improvements will be in specific targeted areas of the city. The two "targeted" areas this year are: 1) the neighborhoods north of Mid-Cities Boulevard, south of Amundson Road and east of Davis Boulevard; and 2) south of Boulevard 26 and north of Bedford Euless Road. The CIP Committee met on August 24 and approved the 2013 program. The 2013 program includes the overlay of 8 streets, slurry seal of 17 streets and crack sealing of 24 streets. Councilman Welch, Chair of the CIP committee, expressed his support of the program. COUNCILMAN WELCH MOVED TO APPROVE THE 2013 PREVENTIVE STREET MAINTENANCE PROGRAM. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.0 GENERAL ITEMS F.1 ADOPTING THE 2013-2014 PROPOSED BUDGET AND AMENDING THE 2012-2013 REVISED BUDGET - ORDINANCE NO. 3270 APPROVED Mr. Mark Mills, Director of Budget, presented the item. Council is being asked to consider approval of Ordinance No. 3270 adopting the Fiscal Year 2013-2014 Annual Budget and Plan for Municipal Expenditures, the Fiscal Year 2012-2013 Revised Budget and Plan of Municipal Expenditures, the Fiscal Year 2013-2014 Capital Projects Budget and the Fiscal Year 2012-2013 Capital Project Amendments. The proposed budget was filed with the City Secretary's Office on July 26 and made available at the NRH Public Library and the city's website. All publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures and state law, COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 3270, ADOPTING THE FISCAL YEAR 2013-2014 OPERATING BUDGET FOR ALL FUNDS, ADOPTING REVISIONS AND AMENDING THE FISCAL YEAR 2012-2013 OPERATING BUDGET FOR ALL FUNDS, ADOPTING THE 2013- 2014 CAPITAL PROJECTS BUDGET, AND AMENDING THE FISCAL YEAR 2012-2013 CAPITAL PROJECTS BUDGET. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes September 9, 2013 Page 10 F.2 RATIFY INCREASE IN PROPERTY TAX REVENUES REFLECTED IN FISCAL YEAR 2013-2014 ADOPTED BUDGET APPROVED Mr. Mark Mills, Director of Budget, presented the item. When adopting a budget that generates more revenue from property taxes than in the previous year, State law requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. The budget includes a proposed tax rate of 61¢ per $100 of valuation. An increase in appraised values and new construction will result in increased property tax revenues for the City. In accordance with State law, a cover page to the budget document will state, "This budget will raise more total property taxes than last year's budget by $660,829 or 2.9%, and of the amount $354,464 is tax revenue to be raised from new property added to the tax roll this year." While the total amount of revenue generated from property taxes is $660,829 higher than the previous year, the tax rate does not exceed either the effective rate (61.0112¢) or the rollback rate (62.0977¢). In addition a greater portion of the tax rate in FY 2013-2014 will be directed to debt service, resulting in a decrease to the maintenance and operations component of the tax rate. COUNCILMAN RODRIGUEZ MOVED TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES REFLECTED IN THE FISCAL YEAR 2013-2014 BUDGET. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 ADOPTING THE TAX RATE FOR TAX YEAR 2013 - ORDINANCE NO. 3271 APPROVED Mr. Mark Mills, Director of Budget, presented the item. Council is requested to consider the adoption of an ordinance setting the maintenance and operations tax rate for Tax Year 2013 at 34.90360 and the debt service tax rate at 26.09640, for a total tax rate of 610 per $100 valuation. State law requires specific language be included in the ordinance setting the tax rate if it will impose an amount of taxes for maintenance and operations that exceeds the taxes imposed for that purpose in the preceding year. The 610 tax rate at a 100% collection rate, if adopted, will impose more total property taxes ($660,829) than in the previous year and more property taxes for the purpose of maintenance and operations ($439,625). COUNCILMAN LOMBARD MOVED THAT ORDINANCE 3271 BE APPROVED, SETTING THE PORTION OF THE TAX RATE FOR MAINTENANCE AND OPERATIONS AT 34.9036¢ PER$100 OF VALUATION; AND SETTING THE PORTION OF THE TAX RATE FOR DEBT SERVICE AT 26.09640 PER $100 OF City Council Minutes September 9, 2013 Page 11 VALUATION, FOR A COMBINED TOTAL TAX RATE OF 61¢ PER$100 OF VALUATION. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 APPROVAL AND RATIFICATION OF THE 2013 CERTIFIED ROLL - RESOLUTION NO. 2013-020 APPROVED Mr. Mark Mills, Director of Budget, presented the item. State law requires the Council to ratify the Certified Tax Roll as a separate action item during the budget and tax rate approval process. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION 2013-020, ACCEPTING AND RATIFYING THE TAX YEAR 2013, FISCAL YEAR 2013-2014, CERTIFIED TAX ROLL. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.5 AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION - RESOLUTION NO. 2013-021 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. Council is being asked to consider a resolution authorizing the City Secretary to publish the intent to issue Certificates of Obligation not to exceed $8,890,000. Council has authorized the following projects to be financed with certificates of obligation $1,220,000 for Utility System Projects $1,200,000 for the Animal Adoption and Rescue Center $3,400,000 for Construction of City Pointe Drive $860,000 for the replacement of an ambulance and a Fire Rescue Pumper $100,000 for the replacement of a dump truck $2,000,000 for intersection improvements and utility burial on Boulevard 26. The proposed sale will occur on October 28 and total $8,890,000. Debt service payments for the utility projects will be made from utility fund revenues and debt service payments for Boulevard 26 improvements will be made from TIF No. 1 taxes. City Council Minutes September 9, 2013 Page 12 COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2013-021 AUTHORIZING THE CITY SECRETARY TO PUBLISH THE INTENT TO ISSUE CERTIFICATES OF OBLIGATION NOT TO EXCEED$8,890,000. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No items. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The 5th annual Wags & Waves event will be held at NRH2O Family Water Park from 10 a.m. to 4 p.m. on Saturday, September 21st. Bring your four-legged friend and paddle alongside your pup in the NRH2Ocean and Endless River. Admission is $20 per person. This event benefits several animal welfare organizations in the Dallas Fort Worth region. Please visit www.wagsandwaves.org for more details. Keep NRH Beautiful is seeking volunteers for the annual Trash Bash litter cleanup event on Saturday, September 21st. Everyone is invited to participate. Volunteers must pre-register to receive free trash bags, gloves and safety vests. Please contact Debbie York at 817-427-6651 to sign up and get more details. The North Richland Hills Public Library and Carter Blood Care will host a blood drive from 11:30 a.m. to 5:30 p.m. on Monday, September 23rd. No appointment is necessary. For more information, please call the Library at 817-427-6814. Kudos Korner— Liz Brockman, Peggy Lewis, Rebecca Jacques and Kathy Turner of the NRH Public Library. Several library patrons complimented the children's librarians regarding the Mayor's Summer Reading Club. They stated that it was an excellent program, very informative, motivational and the best summer reading program in the area. The time and effort the librarians put toward creating a positive reading City Council Minutes September 9, 2013 Page 13 experience was much appreciated. Many thank you's were expressed to the city for offering this annual summer program. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:30 p.m. 0 (...fft , . Oscar Trev no — t a/•+'� ATTEST: R1, %o:, tg4e/4:44/......,„.„4 . kg: Patric a`Hutson, Citecretary u-: r 7`% h #1,lflpl„„„itl,il\CS,,��'s