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Home My WebLink AboutCC 2014-04-14 MinutesOF 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 14, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14th day of March 2014 at 5:30 p.m. in the City Council Workroom prior to the 7 :00 p.m. regular Council meeting. Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Staff Members Call to Order Mark Hindman Jimmy Perdue Mike Curtis Monica Solko George Staples Mary Peters Kristin James John Pitstick Larry Koonce Stan Tinney Kirk Marcum Kyle McAfee Laury Fiorello Greg VanNieuwenhuize Jason Moore Bill Thornton Jerry Lewandowski Patrick Hillis Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Director of Public Safety Managing Director Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Fire Chief Assistant Fire Chief Assistant Fire Chief Assistant Finance Director Engineer Management Assistant — Public Works Assistant Parks Director Purchasing Manager Human Resources Director Dave Pendley Building Official Mike Hamlin Assistant Police Chief Chris Amarante Director of Facilities & Construction Clayton Comstock Senior Planner Mayor Trevino called the work session to order at 5:30 p.m. City Council Minutes April 14, 2014 Page 2 A.0 Discuss Items from Regular City Council Meeting There were no questions from Council. A.1 Discuss Proposed Restrictions on Electronic Vaping Devices for Minors Jimmy Perdue, Public Safety Director, discussed a proposed restriction on electronic vaping devices for minors. The Police Department is seeking Council direction on an ordinance prohibiting the possession and purchase of electronic vaping devices by minors and the sale and distribution of electronic vaping devices to minors. These devices, also known as electronic cigarettes or e- cigarettes, have been found for sale in North Richland Hills. It has determined that it is in the best interest and welfare of the citizens of North Richland Hills to prohibit the possession and purchase of electronic vaping devices by minors and the sale and distribution of electronic vaping devices to minors. After a brief discussion, Council concurred with the proposed ordinance. The ordinance will be brought back to Council for formal action. 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 to seek advice about pending or threatened litigation or a settlement offer B.2 Executive Session: Pursuant to Section 551.074 Deliberation of Personnel Matters - Deliberate the Appointment, Employment, Evaluation Duties of Public Officers and Employees to wit: City Secretary Mayor Trevino announced at 5:43 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 to seek advice about pending or threatened litigation or a settlement offer and 2) Section 551.074 to deliberation of personnel matters — deliberate the appointment, employment, evaluation duties and public officers and employees to wit: City Secretary. C.0 Adjournment Mayor Trevino announced at 6:23 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes April 14, 2014 Page 3 REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order April 14, 2014 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Jimmy Perdue Mike Curtis Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Director of Public Safety Managing Director Assistant City Secretary Attorney A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. City Council Minutes April 14, 2014 Page 4 A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION Mayor Pro Tern Rodriguez called on Bryan Zimmerman to come forward and announced that Mr. Zimmerman would be speaking on behalf of a group. Mayor Pro Tern Rodriguez announced the individual names of the group. Kevin Marjo, 5009 Senator Dive, Fort Worth Michael Beard, 7030 Baker Boulevard, Richland Hills Chuck Dominy, 6208 West Coat, Colleyville Allie McCormick, 4615 Norrell Drive, Haltom City Ray Edwards, 304 Black Drive, Colleyville Ron Whitehead, 7809 Hightower Drive, North Richland Hills Roxanna Berg, 304 Black Drive, Colleyville Jeremy Knight, 501 Vine Street, Euless Mary Dominy, 6208 West Coat, Colleyville Taylor Shead, 7748 Bridlewood Court, North Richland Hills Mr. Bryan Zimmerman, 785 W. Hidden Creek Parkway #1109, Burleson, came forward. Mr. Zimmerman stated that he was speaking on behalf of a group of concerned citizens regarding the special event permit limitations. Mr. Zimmerman is a car show promoter and would like the City Council to consider allowing a business to have more than one special event permit per year. Mr. Zimmerman explained the benefits for having multiple events would promote the City of NRH, bring money to local restaurants and shopping centers. None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPPnVFn B.1 APPROVAL OF MINUTES OF MARCH 24, 2014 CITY COUNCIL MEETING City Council Minutes April 14, 2014 Page 5 B.2 AWARD BID RFB 14 -019 FOR THE PURCHASE OF EQUIPMENT TO B &L CREMATORY SYSTEMS, INC. AND APPROVE CHANGE ORDER #1 B.3 AUTHORIZE PAYMENT TO THE CITY OF FORT WORTH IN THE AMOUNT OF $73,152 FOR THE ANNUAL RADIO SYSTEM SERVICES INFRASTRUCTURE B.4 TEXAS GOVERNOR'S OFFICE CRIMINAL JUSTICE PROGRAMS COMPETITIVE GRANT - RESOLUTION NO. 2014 -010 COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA PV 2014 -01 CONSIDERATION OF A PLAT VACATION FOR LOTS 1 -4, BLOCK A, LOTS 1 -3, BLOCK B, & LOTS 1A -3, BLOCK C, BRIAR POINTE VILLAS AS FILED BY FINAL PLAT IN CABINET A, SLIDE 12448, PLAT RECORDS, TARRANT COUNTY, TEXAS; BEING 1.59 ACRES LOCATED IN THE 8200 AND 8300 BLOCK OF MAIN STREET. (THIS IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.2) APPROVED Mayor Trevino announced that this item PV 2014 -01 was not a Public Hearing but was related to the next item RP 2014 -01 and would be presented together. Mayor Trevino opened the public hearing on RP 2014 -01 and called on Clayton Comstock, Senior Planner, to present the item. Mr. Comstock summarized the items. Section 212.013 of the Texas Local Government Code allows for a plat that has been approved by the municipality and filed with the county to be "vacated" prior to any lot in the plat being sold. In the case of Briar Pointe Villas, an 8 -lot single family RI -PD, the subsequent recession left the development stagnant and unsold. Because the lot lines, easement lines, rights -of -way and overall property boundary is noticeably different than the 2007/08 plat, it warranted a Plat Vacation to "redo" the plat to the more recent configuration. Because right -of -way was dedicated by the plat being vacated, it will only be filed with the county in conjunction with the filing of the new plat under Case RP 2014 -01 (item C.2). That plat, under the same "Briar Pointe Villas" name, is for 17 townhome /duplex lots on 1.99 acres. The City Council Minutes April 14, 2014 Page 6 new plat incorporates a 0.44 -acre tract that was not included in the previous plat. The Planning & Zoning Commission recommended approval by a 6 -0 vote. Mayor Trevino called on the applicant to come forward and present the items. Keith Hamilton, 8241 Mid - Cities Boulevard, NRH, came forward. Mr. Hamilton explained that he was the owner of the property and was excited to have a builder ready to begin building on the property. The first item is to clean up the plat by removing easements and lot lines and the second items is the new replat for the project. He was available to answer any questions the Council might have. 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 on RP 2014 -01 (item C.2) and called for the motion on PV 2014 -01 (item C.1). COUNCILMAN WELCH MOVED TO APPROVE PV 2014 -01. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 RP 2014 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KEITH HAMILTON FOR A REPLAT FOR BRIAR POINTE VILLAS ON 1.998 ACRES LOCATED AT 8328 AMUNDSON DRIVE APPROVED This item was related to the previous item C.1 and the public hearing was opened and discussed in item C.1. Mayor Trevino entertained a motion for RP 2014 -01. COUNCILMAN LOMBARD MOVED TO APPROVE RP 2014 -01. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.3 ZC 2014 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DYOUNGCO CONSTRUCTION SERVICES AND DESIGN, LLC FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R -1 SINGLE FAMILY RESIDENTIAL (0.74 City Council Minutes April 14, 2014 Page 7 ACRE) AND R -1 -S SPECIAL SINGLE FAMILY RESIDENTIAL (1.85 ACRES) ON 2.5934 ACRES LOCATED AT 7100 BURSEY RD - ORDINANCE NO. 3304 APPROVED Mayor Trevino opened the public hearing on ZC 2014 -07 and announced that John Pitstick, Planning and Development Director would be presenting items C.3 (ZC 2014- 07) and D.1 (FP 2014 -06) together since they were related. Mr. Pitstick summarized the items. Dyoungco Construction Services and Design, LLC is requesting approval of a zoning change from "AG" Agricultural to "R -1" Single Family and "R -1 -S" Special Single Family on 2.59 acres at 7100 Bursey Road. The applicant has indicated intent to develop three new residences: two on the "R -1" zoning area (0.74 acre) and one on the "R -1 -S" zoning area (1.85 acres). Item D.1 is the final plat for the three single - family residential lots. Two lots are proposed at 16,200 square feet each and the third lot is proposed at 80,567 square feet, or 1.85 acres. The Planning & Zoning Commission recommended approval by a 6 -0 vote. Mayor Trevino called on the applicant to come forward and present the items. Dwayne Young, 6801 Sabine Court, Hurst, came forward. Mr. Young explained that his request is to change the zoning of 7100 Bursey Road from AG Agricultural into two different types of zoning. Two lots would be zoned R -1 and one lot would be zoned R- 1-S to allow the option of a future SUP request for a large accessory building. His intent is to convert this address into three parts. Two would be smaller R -1 home lots, using the revenue from sale of these homes to build his residence and accessory building on that same land. 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 ZC 2014 -07 and called for the motion. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE ORDINANCE NO. 3304; ZC 2014 -07. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PUBLIC WORKS Items to follow do not require a public hearing. D.1 City Council Minutes April 14, 2014 Page 8 FP 2014 -06 CONSIDERATION OF A REQUEST FROM DYOUNGCO CONSTRUCTION SERVICES AND DESIGN, LLC FOR A FINAL PLAT OF LOTS 3 -5, BLOCK 1, PEARSON SUBDIVISION ON 2.59 ACRES DESCRIBED AS TRACT 1A4 OF THE THOMAS SPRONCE SURVEY, ABSTRACT NO. 1399; BEING LOCATED AT 7100 BURSEY ROAD APPROVED Item D.1 was presented and discussed in conjunction with the zoning request, agenda item C.3. Mayor Trevino entertained a motion for FP 2014 -06. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE FP 2014 -06. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC WORKS E.1 AWARD RFB 14 -018 TO INTERMOUNTAIN SLURRY SEAL, INC. FOR THE CITY'S SLURRY SEALING APPLICATION APPROVED Boe Blankenship, Public Works Superintendent, presented the item. The City Council is being asked to award RFB 14 -018 to Intermountain Slurry Seal, Inc. to perform the city's slurry sealing application. Slurry sealing is a preventive street maintenance application that is part of the city's annual "Preventive Street Maintenance Program" (SM1401). Approximately 15 - 25 streets are done on annual basis with the program. Staff has been using the application on streets for about 10 years and found it be cost effective in comparison to the other types of preventive maintenance treatments. Notice of the city's intent to bid was advertised as required by state statue and posted on the city's website, and on March 19, 2014 a bid opening was conducted. Staff is recommending award RFB No. 14 -018 to Intermountain Slurry Seal, Inc. in the amount of $101,000. COUNCILMAN TURNAGE MOVED TO APPROVE RFB 14 -018 TO INTERMOUNTAIN SLURRY SEAL, INC IN THE AMOUNT OF $101,000. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes April 14, 2014 Page 9 E.2 APPROVE A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS AT THE INTERSECTION OF DAVIS BOULEVARD (FM 1938) AND MID - CITIES BOULEVARD - RESOLUTION NO. 2014 -009 APPROVED Mike Curtis, Managing Director, summarized the item. The Council is being asked to approve a Local Transportation Project Advance Funding Agreement (LPAFA) with TxDOT for the funding of the Davis Boulevard /Mid- Cities Boulevard Intersection Improvements Project (ST0401). The initial TxDOT design criteria used for the project was based on 2010 traffic projections; however, TxDOT's criteria now requires that the estimated traffic volumes be based on 2035 traffic projections. Because the 2035 projections forecast more vehicles at this intersection than the 2010 traffic data, the storage length of the left turn bays has increased. This increased length has increased both the length of the project and the width of the project. The increase in width needed to accommodate longer turn bays over a longer distance has meant that additional Right -of -Way is now necessary from nine (9) property owners whereas initially Right -of- Way was only anticipated to be necessary from five (5) property owners. Ultimately, changing the project's design criteria has directly resulted in an approximate $1.1 million increase in the project's costs since the execution of the original LPAFA. The project scope changes have occurred over several years, so staff has been adjusting the budget accordingly during the city's annual budget review process. However, as the project cost continued to escalate staff reached out to the North Central Texas Council of Governments (NCTCOG) to request additional federal funding for the project. Staff submitted a modification request for the February 2014 Transportation Improvement Plan (TIP) cycle to include additional federal funding for the project. Because of the required "80/20 split" for these types of projects, the $1.1 million increase is required to be split with 80 %, or $880,000 funded by federal grants and 20 %, or $220,000 funded by the City. Since the proposed LPAFA with the additional grant funds replaces the existing LPAFA, TxDOT requires the City to adopt a new resolution authorizing the approval of the proposed LPAFA. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2014 -09. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 City Council Minutes April 14, 2014 Page 10 APPOINTMENT TO THE BOARD OF ADJUSTMENT - PLACE 7 APPROVED Councilman Welch presented the nomination /recommendation of Doris Elston to the Board of Adjustment, Place 7. The Place 7 position's term of office will expire June 30, 2015. COUNCILMAN WELCH MOVED TO APPOINT DORIS ELSTON TO THE BOARD OF ADJUSTMENT, PLACE 7. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS GA ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS HA ANNOUNCEMENTS Councilman Lombard made the following announcements. The 2014 Sounds of Spring Concert Series will be held on Friday evenings from April 25th through May 16th. Concerts begin at 7 p.m. at the NRH Centre Plaza. Admission is free. Seating is on the lawn, so don't forget to bring a blanket or lawn chair. A variety of gourmet food trucks will be on site for each concert and there will be free games and activities for children. For more information, please call 817 - 427 -6600 or go online to SoundsNRH.com. The North Richland Hills Police Department is partnering with the Drug Enforcement Administration in the national "Take Back" prescription drug collection event on Saturday, April 26th. The public may drop off unused prescription drugs between 10 a.m. and 2 p.m. at the Fire Administration building located on Dick Fisher Drive. The prescriptions will be turned over to the DEA for proper disposal. City Council Minutes April 14, 2014 Page 11 The Animal Adoption & Rescue Center and the Texas Coalition for Animal Protection will host a Low Cost Pet Vaccination Clinic from 10 a.m. to noon on Saturday, April 26th at Linda Spurlock Park. The clinic will offer rabies vaccinations for only $5. All pets must be on a leash or in a carrier. For more information, please call 817 - 427 -6570. Kudos Korner - Sgt. Matt Jackson of the Police Department. Sgt. Jackson was recently commended for going above and beyond to help a student whose bicycle had been stolen. The student road the bicycle to school daily, but his mother had lost her job and could not afford to purchase him a new bicycle. When learning of this, Sgt. Jackson arranged for the Citizens Police Academy Alumni Association to purchase the student a new bicycle. Sgt. Jackson's compassion and commitment to helping others is a positive reflection on the Police Department and the city as a whole and we thank him for a job well done. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:34 p.m. A' Iko, Assistant City Secretary