HomeMy WebLinkAboutCC 2015-03-02 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
MARCH 2, 2015
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
2nd day of March 2015 at 5:30 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
Torn 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
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
Kristin James Assistant to the City Manager
Kirk Marcum Assistant Fire Chief
Kyle McAfee Assistant Fire Chief
Mike Young Assistant Police Chief
Jerry Lewandowski Purchasing Manager
Dave Pendley Chief Building Official
Clayton Comstock Senior Planner
March 2, 2015
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Call to Order
Mayor Trevino called the meeting to order at 5:31 p.m.
1. Discuss items from regular City Council meeting.
There were no questions from Council.
2. Discuss Fire Department Annual Report.
Fire Chief Stan Tinney presented the 2014 Annual Report to Council. Chief Tinney
reviewed calls for service, mutual aid trends, response analysis, and accomplishments
of the Fire Department.
Council had no questions for staff.
3. Discuss 2015 Federal Legislative Positions.
Assistant City Manager Karen Bostic informed Council the City's priority legislative
issues are: (1) transportation; (2) online sales tax; and (3) municipal bonds. Ms. Bostic
advised Council the city follows guiding principles—predictable/sufficient level of
revenue, unfunded mandates and quality of life—when identifying priorities. She
advised that staff and members of Council will visit with legislative staff while in
Washington to discuss the city's legislative program.
4. Discuss 2014 Racial Profiling Report.
Director of Public Safety Jimmy Perdue presented the 2014 Racial Profiling Report. He
advised that the North Richland Hills Police Department has complied with the Texas
Racial Profiling Law. Mr. Perdue reviewed the 13-year traffic-related contact, search
and arrest data. The analysis of the data suggests that the North Richland Hills Police
Department has been consistent in racial/ethnic composition of motorists it comes into
contact with during a given year.
EXECUTIVE SESSION
1. Mayor Trevino announced at 5:53 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) City of North Richland Hills v. Woodbriar
Management Ltd, and Texas Midstream Gas Services, LLC., Cause No.2015-000761-
2; (2) City of North Richland Hills v. Centrepoint Baptist Church, Compass Bank and
Texas Midstream Gas Services, LLC., Cause No. 2015-000764-1; (3) City of North
Richland Hills v. C30 Health Savings Accounts Corporation and Legend Bank, Cause
No. 2015-000763-3; and (4) City of North Richland Hills v. 7-Eleven Corporation,
Cause No. 2013-0034992-3; Section 551.072 deliberate the purchase, exchange, lease
or value of real property—(1) south sector of the City and (2) Iron Horse Boulevard; and
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Section 551.087 deliberation regarding economic development negotiations in the south
sector of the City. Executive Session began at 5:53 p.m. and concluded at 6:55 p.m.
Mayor Trevino announced at 6:55 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 March 2, 2015 at 7:04 p.m.
ROLL CALL
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: Mark Hindman City Manager
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
Monica Solko Assistant City Secretary
A.1 INVOCATION
Council member Turnage gave the invocation.
A.2 PLEDGE
Council member Turnage led the pledge of allegiance to the United States and Texas
flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
A.4 CITIZENS PRESENTATION
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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 FEBRUARY 9, 2015 CITY COUNCIL MEETING.
B.2 AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
ALCHEMY AT AMS FOR DESIGN AND PURCHASE OF MEDIA
ADVERTISING, IN EXCESS OF $50,000 FOR NRH2O FAMILY WATER PARK.
B.3 AUTHORIZE PURCHASE FROM REYNOLDS ASPHALT & CONSTRUCTION
AND/OR APAC TEXAS FOR ASPHALT ROAD SURFACING PRODUCTS FOR
STREET MAINTENANCE IN AN AMOUNT NOT TO EXCEED $525,000.00.
B.4 AUTHORIZE PURCHASE FROM PAISANO REDI-MIX, INC. FOR VARIOUS
TYPES OF CONCRETE FOR STREET MAINTENANCE IN AN AMOUNT NOT
TO EXCEED $275,000.
B.5 AWARD AN ANNUAL CONTRACT TO VMC LANDSCAPING SERVICES FOR
LANDSCAPE SERVICES FOR VARIOUS PARK AND CITY FACILITIES IN
THE AMOUNT OF $89,584.
B.6 AUTHORIZE CITY MANAGER TO EXECUTE A REIMBURSEMENT
AGREEMENT WITH SUNOCO PIPELINE FOR THE RUFE SNOW PROJECT.
B.7 APPROVE RESOLUTION NO. 2015-005, AUTHORIZING APPLICATION FOR
GRANT FUNDS FROM THE OFFICE OF THE GOVERNOR TO CREATE A
NORTH TEXAS ANTI-GANG (TAG) CENTER.
B.8 AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE CITY OF COLLEYVILLE.
B.9 AUTHORIZE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE CITY OF COLLEGE STATION.
B.10 AUTHORIZE PURCHASE FROM ATLAS UTILITY SUPPLY COMPANY FOR
BADGER WATER METER UNITS IN AN AMOUNT NOT TO EXCEED
$400,000.
B.11 AUTHORIZE THE PURCHASE FROM SYNETRA INC FOR APC (AMERICAN
POWER CONVERSION CORPORATION) BRAND UNINTERRUPTABLE
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POWER, COMPUTER RACKS, AND MODULAR AIR CONTOL EQUIPMENT
FOR THE NEW CITY HALL FACILITY IN THE AMOUNT OF $531,729.29.
B.12 AUTHORIZE PURCHASE FROM EKA, INC FOR A HYDRO-EXCAVATION
VACUUM TRAILER IN AN AMOUNT NOT TO EXCEED $67,550.57.
COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C. PUBLIC HEARINGS
C.1 ZC 2014-19, ORDINANCE NO. 3352, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM CAMBIUM CAPITAL, LLC FOR A
ZONING CHANGE FROM AG AGRICULTURAL TO TC TOWN CENTER
(NEIGHBORHOOD CENTER SUBZONE) ON 1.83 ACRES LOCATED AT 8008
& 8012 NEWMAN DRIVE.
APPROVED
Mayor Trevino opened the public hearing and called on Planning Manager Clayton
Comstock to present the item.
Planning Manager Clayton Comstock presented item for Council. The purpose of the
request is to consider a zoning change to allow for the extension of Hometown and the
development of 20 new townhomes. If approved, the ordinance will incorporate a new
regulating plan map that depicts this area as "Neighborhood Center". Mr. Comstock
advised Council the approval process for Town Center development includes: (1)
comprehensive plan revision; (2) zoning change; (3) concept plan — staff/Development
Review Committee; (4) preliminary plat; (5) final plat; and (6) building permit approvals
supplemented with Town Center's town architect. The preliminary and final plat will
come before Council at a future meeting. The Planning and Zoning Commission at their
February 19, 2015 meeting recommended approval with a vote of 7-0.
Council had no questions for staff.
Applicant representative James T. Dreiling with Silveroak Land Development Company
presented request and was available to answer questions from Council. Mr. Dreiling
advised that the townhomes would average 1,800 — 2,300 square feet with a price
range of $200,000 to $250,000. The development will be compatible with the
surrounding neighborhood and existing town homes. He further commented that the
neighborhood would participate in the Hometown Home Owner Association (HOA) and
will meet or exceed all home owner association and additional covenant and condition
requirements.
In response to Mayor Trevino's question, Managing Director Mike Curtis advised
Council there would not be any southbound left turns at Newman Drive after Texas
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Department of Transportation (TxDOT) makes improvements at Davis Boulevard and
Mid Cities Boulevard.
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 WELCH MOVED TO APPROVE ZC 2014-19, ORDINANCE No. 3352. COUNCIL
MEMBER RODRIGUEZ SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.2 ZC 2015-04, ORDINANCE NO. 3353, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM BODYGUARD SPORTS, LLC FOR
A ZONING CHANGE FROM C-2 COMMERCIAL TO NR-PD
NONRESIDENTIAL PLANNED DEVELOPMENT ON 9.04 ACRES LOCATED
AT 7901 BOULEVARD 26 (FORMER HOME DEPOT EXPO) TO INCLUDE
ZONING APPROVAL FOR AN INDOOR SHOOTING RANGE, OTHER INDOOR
AMUSEMENT AND RECREATIONAL USES, AND SMALL VEHICLE SALES.
APPROVED
Mayor Trevino opened the public hearing and called on Planning Manager Clayton
Comstock to present the item.
Planning Manager Clayton Comstock presented item for Council. The purpose of the
request is to consider a zoning change from Bodyguard Sports, LLC for the primary
purpose of allowing an indoor shooting range at 7901 Boulevard 26 (former Home
Depot Expo) and other uses by right that are associated with indoor recreation and
entertainment as well as small recreational vehicle sales. The Council, at their
September 9, 2013 meeting approved a Special Use Permit (SUP) for the entire
building for the purpose of an indoor shooting range. The SUP had a sunset provision
that expired on January 1, 2015 and thus is no longer a permitted use for the property.
The City has been approached by a new operator, Bodyguard Sports, to utilize 47,700
square feet of the building for an indoor shooting range. The remaining square footage
of the building and uses fall under the C-1 Commercial zoning district and the following
indoor recreation and entertainment uses:
(1) Indoor amusement arcade
(2) Bowling lanes
(3) Indoor miniature golf course
(4) Indoor race track
(5) Roller or ice skating rink
(6) Indoor skydiving
(7) Indoor rock/wall climbing
(8) Other indoor commercial recreation
(9) Personal security training
(10)Indoor golf range
(11)Archery
March 2, 2015
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(12)Indoor music venue
(13)Hardware and building materials
(14)Micro brewery
(15)Comedy club
(16)Billiards as accessory use
(17)New marine equipment sales
(18)New motorcycle sales
(19)New small vehicle sales (ATVs, scooters, golf carts, etc.)
(20)Outdoor sales and display associated to marine equipment, motorcycles, and
other small vehicles limited to the westernmost row of parking stalls along Davis
Boulevard
Bodyguard Sports is proposing the following uses for the 47,700 square feet:
(1) Open/public firing range lanes
(2) Tactical firing range lane
(3) Indoor skeet range
(4) Gunsmith
(5) Archery lanes
(6) Classroom /event space
(7) Retail sales of firearms and firearm accessories
(8) Simunition non-live fire (airsoft/paintball) training
(9) Laser-video firing systems
The applicant has indicated they will honor the following site improvements from the
2013 application:
• Existing fire lane to be repainted
• Existing concrete light pole bases to be repainted
• Existing internal traffic control devices (i.e. stop signs, speed bumps, etc.) to be
replaced or refurbished
• Existing chain link fence on each side of the loading dock to be replaced or
refurbished
• Franchise utilities to be contacted regarding the removal of a dead-end utility
pole extension at the northwest corner of the property
• Existing irrigation system to be inspected and repaired as required to provide
fully operational system
• Handicap-accessible sidewalk ram to be installed on the north side of the Davis
Boulevard driveway at the northwest corner of the property
• The six-foot wood fence between the property and the vacant commercial
property to the north to be removed
Mayor Pro Tem Wright Oujesky asked Mr. Comstock if the city could limit the
microbrewery use. She advised that she preferred not to have the sale of alcohol on
the property. Mr. Comstock informed Council they have the option to limit the use. He
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further clarified if a restaurant were to be located on the remaining property that they are
allowed to have up to 75% of their revenue from alcohol sales.
Applicant William Brandenburg, 7917 Kristina Lane, North Richland Hills, presented
request and responded to questions from Council.
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 WELCH MOVED TO APPROVE ORDINANCE No. 3353. COUNCIL MEMBER
WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.3 ORDINANCE NO. 3351, PUBLIC HEARING AND CONSIDERATION OF
ORDINANCE ADOPTING YOUTH PROGRAMS STANDARDS OF CARE.
APPROVED
Mayor Trevino opened the public hearing and called on Youth Programs Coordinator
Ron Newman to present the item.
Youth Programs Coordinator Ron Newman presented item and was available to answer
questions from Council. The proposed ordinance adopts the North Richland Hills Youth
Programs Standards of Care. The Texas Department of Family and Protective Services
require a municipality to annually adopt an ordinance to exempt the city from day care
licensing.
Council had no questions for staff.
Council member Whitson left the dais at 7:50 p.m.
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 ORDINANCE No. 3351. MAYOR PRO TEM
WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0. COUNCIL MEMBER WHITSON NOT PRESENT TO VOTE.
C.4 CONSIDER RESOLUTION NO. 2015-006, APPROVING THE 41ST YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - PUBLIC
HEARING.
APPROVED
Mayor Trevino opened the public hearing and called on Assistant to the City Manager
Kristin James to present the item.
Council member Whitson returned to the dais at 7:55 p.m.
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Assistant to the City Manager Kristin James presented item and was available to
answer questions from Council. Each year the city must prepare and submit a
Community Development Block Grant Program (CDBG) outlining the use of funds. The
city was awarded a project allocation of $228,821.60 for the 41st Year CDBG Program.
Staff is proposing the funds be used for street and utility improvements on Lynda Court.
The condition rating for Lynda Court is 42, which is on the low end of the "Poor"
category pursuant to the city's annual street inventory. In addition to the pavement, the
existing six-inch sanitary sewer and water line will be replaced with six-inch PVC pipe.
Council had no questions for staff.
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 RODRIGUEZ MOVED TO APPROVE RESOLUTION No. 2015-006. MAYOR PRO
TEM WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
D. PLANNING AND DEVELOPMENT
There were no items for this category.
E. PUBLIC WORKS
E.1 CONSIDER RESOLUTION NO. 2015-007, MAKING THE DETERMINATION
THAT NO UPDATE OF LAND USE ASSUMPTIONS, CAPITAL
IMPROVEMENTS PLAN OR IMPACT FEES IS NEEDED AT THIS TIME.
APPROVED
Managing Director Mike Curtis presented item. The purpose of the resolution is to
comply with the requirements of Chapter 395 of the Texas Local Government Code.
Chapter 395 requires the Capital Improvement Advisory Committee review the progress
of the Impact Fee Program every six months. During the most recent committee
meeting, staff presented the semi-annual report and discussed the justifications to
continue with the same Land Use Assumptions, Capital Improvement Plan and Impact
Fees. The committee recommended continuing with the same plan. If Council elects to
continue with the current Impact Fee Program, the city must adhere to the process
outlined in Chapter 395. The first step is to approve a resolution determining that no
update of Land Use Assumptions, Capital Improvements Plan or Impact Fees is needed
at this time. The public notification process includes a legal notice of the governing
body's determination once a week for three consecutive weeks in the newspaper. The
notice also provides the name and address of the city official to submit a written request
to update the Land Use Assumptions, Capital Improvements Plan or Impact Fees.
March 2, 2015
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1
COUNCIL MEMBER LOMBARD MOVED TO APPROVE RESOLUTION No. 2015-007. COUNCIL
MEMBER TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F. GENERAL ITEMS
F.1 RECEIVE FISCAL YEAR 2014 AUDITED FINANCIAL REPORT.
RECEIVED REPORT
Assistant Finance Director Laury Fiorello introduced Kevin Kemp with the independent
audit firm of BKD, LLP. Mr. Kemp presented the results of the Comprehensive Annual
Financial Report and audit opinion. Mr. Kemp informed Council the city received an
unqualified opinion, also known as a "clean" opinion. The audit found that the financial
statements fairly represent the city's financial position.
Council had no questions for staff or Mr. Kemp.
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
Mayor Trevino recognized and thanked Executive Secretary Debbie Nix for her service
to the City of North Richland Hills.
Mayor Pro Tem Wright Oujesky made the following announcements.
The City of North Richland Hills conducts a test of the outdoor warning sirens on the
first Wednesday of each month. The next test is scheduled for 1:00 p.m. on March 4.
The test will not be performed if there is low cloud cover or bad weather.
Volunteers from AARP are continuing to assist residents with their tax returns each
Monday and Thursday through April 13, 2015 at the NRH Public Library. This free
service is available to taxpayers of all ages. To make an appointment or get more
information, please call the Library at 817-427-6814.
Kudos Korner — Police Officer Kyle Mayfield and Public Works employees Tanner
Jump, Francisco Garcia, Randy Vastine, Felisiano Yanes and John Bitner — A resident
emailed thanks to Officer Mayfield and the public works personnel who responded when
a tree fell on his car and completely shut down traffic on Briley Drive. Within a few
hours, the huge tree was removed and the entire area was clean. Extra care had been
March 2, 2015
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given to ensure no further damage happened to his car. "My heart felt thank you to the
fine NRH City workers that carried out their jobs with such care and excellence," the
resident said.
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:13 p.m.
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Alicia Richardson, City Secretary
March 2, 2015
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