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Home My WebLink AboutCC 2015-01-26 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 JANUARY 26, 2015 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of January 2015 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez 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: Paulette Hartman Assistant City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary George Staples City Attorney Mary Peters Public Information Officer Craig Hulse Director of Economic Development Kyle Spooner Director of Information Services Stan Tinney Fire Chief Jerry Lewandowski Purchasing Manager Larry Koonce Finance Director Mark Mills Budget Director Monica Solko Assistant City Secretary Kirk Marcum Assistant Fire Chief Kyle McAfee Assistant Fire Chief Mike Young Assistant Police Chief Rick Scott Assistant Police Chief Dave Pendley Chief Building Official Caroline Waggoner City Engineer Clayton Comstock Senior Planner Bill Thornton Assistant Parks and Recreation Director Kenneth Garvin Public Works Superintendent January 26, 2015 Page 1 of 10 David Russell Engineer Associate Jeff Garner Police Lieutenant Absent: Mark Hindman City Manager Call to Order Mayor Trevino called the meeting to order at 6:00 p.m. 1. Discuss items from regular City Council meeting. There were no questions from Council. Mayor Trevino introduced and welcomed the new Director of Neighborhood Services Stefanie Martinez. 2. Discuss 2014 Police Department Annual Report. Director of Public Safety Jimmy Perdue presented the 2014 Annual Report to Council. Mr. Perdue reviewed crime report figures, violations issued, service hours of the Volunteers in Police Services (VIPS), and reviewed the accomplishments of the Police Department. Mr. Perdue informed Council that he would bring forward, at a later meeting, a report on racial profiling. In response to Council member Welch's question, Mr. Perdue advised Council that he hopes the legislature does not ban red light cameras. The City has seen a decrease in traffic accidents since the installation of the cameras. Mayor Trevino asked Mr. Perdue to provide the Council with an update that includes the funds collected in 2014 from the red light cameras and analysis of the intersections that illustrates the increase/decrease of collisions at the red light camera intersections. 3. Discuss 2015 State Legislative Program. Assistant City Manager Karen Bostic provided Council with an overview of the 2015 Legislative Program. Ms. Bostic informed Council the 84th Legislative Session began on January 13, 2015. The deadline for filing bills is March 13, 2015 and the legislative session will end on June 1, 2015. To date, there have been 1,513 bills filled in the legislature. Ms. Bostic outlined the City's priority legislative issues: (1) preserve cities ability to govern their own affairs; (2) preserve local control of land use planning and zoning; (3) preserve an equal, fair and uniform property tax system; (4) preserve local revenue sources; (5) pursue sustainable funding sources for existing and alternative transportation systems; and (6) public safety. Ms. Bostic asked Council to contact staff January 26, 2015 Page 2 of 10 if there is a specific bill that they would like to be tracked or a issue they would like to include in the City's Legislative Program. Council had no questions for staff. 4. Discuss Quarterly Financial Status Report. Budget Director Mark Mills reviewed the quarterly financial status report for the period ending December 31, 2014. Mr. Mills reviewed the General Fund, Park Development Fund, Crime Control District Fund and Utility Fund providing the following year to date actuals: General Fund Amount Percentage of projected budget Revenue $16,925,439 38.64% Expenditures $10,963,982 25.04% Park Development Fund - Amount Percentage of projected Revenue budget Sales Tax $1,208,150 26.57% Tennis Center $56,624 14.64% NRH Centre $583,909 19.99% Other $5,727 3.45% Park Development Fund - Amount Percentage of projected Expenditures budget Administration $548,160 20.19% Tennis Center $118,879 18.91% NRH Centre $580,184 21.82% Other $138,231 6.85% Crime Control District Amount Percentage of projected Fund budget Revenue $1,265,802 26.01% Expenditures $1,168,977 24.02% Utility Fund — Revenue Amount Percentage of projected budget Water $5,295,261 26.29% Sewer $2,589,720 25.05% Other $244,148 28.44% January 26, 2015 Page 3 of 10 Utility Fund - Amount Percentage of projected Expenditures budget Water Services $3,345,485 22.72% Sewer Services $1,535,002 24.06% Operating $307,950 22.57% Finance $519,615 23.44% Other $1,364,780 20.50% Council had no questions for staff. EXECUTIVE SESSION Mayor Trevino announced at 6:29 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 consultation with city attorney to seek advice about pending or threatened litigation or a settlement offer: (1) Melissa Andrews v. City of North Richland Hills, Cause No. DC-15-000257; (2) City of North Richland Hills v. 7-Eleven Corporation, Cause No. 2013-0034992-3; (3) City of North Richland Hills v. Woodcrest Marketplace, et al, Cause No. 2013-000593-1; (4) City of North Richland Hills v. Windward Partners VII, et al, Cause No. 2013-003362-1 and 551.087 deliberation regarding economic development negotiations in the south sector of the city. Executive Session began at 6:30 p.m. and concluded at 6:44 p.m. Mayor Trevino announced at 6:44 p.m. that Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order January 26, 2015 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tem Tito Rodriguez 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: Paulette Hartman Assistant City Manager January 26, 2015 Page 4 of 10 Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary George Staples City Attorney Monica Solko Assistant City Secretary Absent: Mark Hindman City Manager A.1 INVOCATION Council member Lombard gave the invocation. A.2 PLEDGE Council member Lombard led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2014 UNITED WAY CAMPAIGN PRESENTATION Assistant City Manager Paulette Hartman introduced Recreation Superintendent and United Way Chair Sharon Davis. Ms. Davis thanked employees and members of the United Way Campaign for a successful drive. The City of North Richland Hills surpassed their goal of $40,000 by raising $53,818.55. Ms. Davis, together with Council member Welch, Assistant City Manager Paulette Hartman and the United Way committee presented a check to Regional Director of United Way Northeast Faye Beaulieu. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVE MINUTES OF THE JANUARY 12, 2015 CITY COUNCIL MEETING. January 26, 2015 Page 5 of 10 B.2 AUTHORIZE CITY MANAGER TO EXECUTE DART LICENSE AGREEMENT FOR USE OF DART RIGHT OF WAY FOR CITY UTILITIES. B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE TARRANT COUNTY INTERLOCAL AGREEMENTS FOR CAPITAL IMPROVEMENT PROJECTS ST0401, ST0202 AND ST1304. B.4 CONSIDER APPROVAL OF A RESOLUTION SUPPORTING INCREASED FUNDING FOR THE TEXAS RECREATION AND PARKS LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM - RESOLUTION NO. 2015-002. B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH AQUATIC DESIGN GROUP FOR THE NRH2O SLIDE TOWER REPLACEMENT PROJECT, IN THE AMOUNT OF $179,000. COUNCIL MEMBER TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C. PUBLIC HEARINGS C.1 RP 2015-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM WILLIAM A. SANDLIN FOR A REPLAT OF LOT 2R1, BLOCK 1, DAVIS-NORTH TARRANT PARKWAY ADDITION LOCATED AT 8350 DAVIS BOULEVARD. APPROVED Mayor Trevino opened the public hearing and called on Senior Planner Clayton Comstock to present the item. Senior Planner Clayton Comstock presented item for Council. The purpose of the request is to consider a replat for 14.34 acres located at the southeast corner of Davis Boulevard and North Tarrant Parkway. The replat will establish drainage, utility and access easements required for the installation of infrastructure and the property prepared for development. The city received a traffic impact analysis that indicates the traffic at the proposed development will require a deceleration lane on Davis Boulevard located at the proposed southern driveway. The proposed plat includes the right-of-way required for the deceleration lane. Mr. Comstock commented that staff recommends approval of RP 2015-01. In response to Council member Whitson's question, Mr. Comstock informed Council the applicant will remove trees from the property, but is required to follow the Tree Preservation Ordinance, which sets out a mitigation plan for removal of trees identified January 26, 2015 Page 6 of 10 in the ordinance. In addition, the applicant will be required to adhere to the city's landscape standards. Applicant William A. Sandlin, 550 Bailey Avenue, Fort Worth, TX 76107 presented request. Mr. Sandlin advised Council they are looking at a quality development that will include sit down restaurants. Council had no questions for the applicant. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER LOMBARD MOVED TO APPROVE RP 2014-01. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 D. PLANNING AND DEVELOPMENT D.1 AP 2015-01 CONSIDERATION OF A REQUEST FROM NRH-TARRANT PROPERTIES, LLC FOR AN AMENDED PLAT FOR HARMON FARMS ON 9.059 ACRES IN THE 7300 BLOCK OF EDEN ROAD. APPROVED Senior Planner Clayton Comstock presented item to Council. The purpose of the request is to consider an amended plat for Harmon Farms that identifies various drainage and utility easements. During the installation of the infrastructure, the City of North Richland Hills and Oncor Electric Delivery requested the additional easements. The developer preferred to have a filed plat that illustrated the various easement additions. The Planning and Zoning Commission at their January 15, 2015 meeting recommended approval with a vote of 4-0. Mr. Comstock commented that staff recommends approval of AP 2015-01. Applicant Mark Wood, 6617 Precinct Line Road, Suite 200, Hurst, TX presented request and was available to answer questions from Council. Council had no questions for staff or the applicant. COUNCIL MEMBER WELCH MOVED TO APPROVE AP 2015-01. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 January 26, 2015 Page 7 of 10 D.2 FP 2015-01 CONSIDERATION OF A REQUEST FROM PULTE HOMES OF TEXAS, L.P. FOR A FINAL PLAT OF THE RESERVE AT FOREST GLENN; BEING 74 LOTS ON 28.94 ACRES LOCATED AT THE NORTHEAST CORNER OF SMITHFIELD ROAD AND BURSEY ROAD, AND ITS ASSOCIATED WATERCOURSE MAINTENANCE AGREEMENT. APPROVED Senior Planner Clayton Comstock presented item to Council. The purpose of the request is to consider a final plat for the Reserve at Little Bear Creek. The development is located at the northeast corner of Smithfield Road and Bursey Road. The property is undeveloped and has an unimproved drainage channel that bisects the property. The unimproved drainage channel was created for the surrounding Forest Glenn subdivision. The developer is required to improve the drainage channel with a concrete pilot channel and retaining walls pursuant to the City Image Study. The Planning and Zoning Commission at their January 15, 2015 meeting recommended approval with a vote of 4-0. Mr. Comstock commented that staff recommends approval of FP 2015-01. Applicant representative Marc Paquette, 5751 Kroger Drive, Suite 185, Keller, TX presented request and was available to answer questions. In response to Council member Welch's question, Mr. Paquette advised Council they applied for permits with the Corps of Engineers. Mr. Paquette commented that no work would take place on the channel until they receive approval from the Corps of Engineers. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE FP 2015-01. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0 E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 DISCUSS ORDINANCE NO. 3343 AND REFERENDUM PETITION. APPROVED City Attorney George Staples advised Council the petition filed with the city secretary seeks to invoke a City Charter provision—referendum—to repeal an ordinance that amends the city's comprehensive zoning ordinance. Mr. Staples cited four Texas Appellate Court decisions have considered the legality of utilizing the referendum to January 26, 2015 Page 8 of 10 amend a zoning ordinance. The decisions unanimously hold it is not lawful and the only way to amend a zoning ordinance is the process provide by statute (Local Government Code, Title 7, Chapter 211). Mr. Staples further advised that the only action the City Council may legally take, but is not required, is to refer the matter to the Planning and Zoning Commission for their consideration. Council discussed the item and opinion provided by legal counsel. Council directed staff to (1) create a survey to gauge public opinion regarding the policy for solar panels; (2) refer ordinance to the Planning and Zoning Commission after staff receives input from the public; (3) any amendments to the ordinance will go through the public hearing process as outlined in state law; and (4) the SUP fee shall be waived during the review process of the ordinance. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA No action was necessary as a result of Executive Session. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Turnage made the following announcements. City Hall and other non-emergency city offices will be closed on Monday, January 19. The NRH Public Library and Senior Center will also be closed. Garbage and recycling will be collected as normally scheduled. NRH2O is hosting the annual Polar Plunge on Saturday, January 24 benefiting the Special Olympics. Registration will begin at 8:30 a.m. and the event will start at 10:00 a.m. For more information, visit specialolympicstexas.org or call 214-943-9981. Kudos Korner - NRH Police & Fire Departments — Several citizens posted thanks and appreciation online about the Police and Fire Departments' annual Heroes and Helpers program which provides Christmas gifts to children in need in our community. "Thank you for all you have done for my kids. I will never forget," one parent said. January 26, 2015 Page 9 of 10 I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:42 p.m. ►.,bra .; Mayor ATTEST: ��.�� . ..H wqk Alicia Richardson, City Secretary =_�:•. h s o.• •. yT January 26, 2015 Page 10 of 10