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HomeMy WebLinkAboutCC 2015-08-10 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 10, 2015 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of August 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 David Whitson Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 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 George Staples City Attorney Stan Tinney Fire Chief Craig Hulse Director of Economic Development Kent Austin Director of Finance Mark Mills Director of Budget Kyle Spooner Director of Information Services Debbie Durko Court Administrator Monica Solko Assistant City Secretary Mike Young Assistant Police Chief Kyle McAfee Assistant Fire Chief Mary Peters Public Information Officer Dave Pendley Chief Building Official Amy Stephens System Administrator— Data Network Kristin James Assistant to the City Manager Caroline Waggoner City Engineer Clayton Husband Principal Planner Marrk Collier Management Assistant Allyson Bell City Manager Intern August 10, 2015 City Council Meeting Minutes Page 1 of 10 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 commented on about item C2 - ZC 2015-11. He inquired about why the project was being piecemealed. City Manager Mark Hindman informed Council that when the application came in, it was reviewed and found to be consistent with the comprehensive plan and not reviewed as multiple working projects. Assistant City Manager Paulette Hartman informed Council that the Planning and Zoning Commission recommended denial of project as presented. 2. Discuss and receive update on new city hall construction. Director of Public Safety Jimmy Perdue updated Council on the new city hall construction. He advised there are two change orders — No. 7 and No. 8 — that he is required to bring forward and update Council. Change Order No. 7, in the amount of $601,725.00 pertains to the transfer of monies from the Boulevard project fund to the City Hall account. Change Order No. 8 in the amount of $372,028.39 pertains to minor design and layout changes that were found during construction. The city will be receiving a portion of reimbursement for a design change for the HVAC equipment that did not fit within the plenum space of the building and had to be redesigned. EXECUTIVE SESSION Mayor Trevino announced at 6:14 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) southeast corner of Rufe Snow & Loop 820, (2) 7901 Boulevard 26 and (3) city property (mineral leases) and Section 551.071: Consultation with city attorney to seek advice about pending or threatened litigation or a settlement offer (1) Watson v. City of Allen Cause No. 153-278080-15 and (2) seek advice concerning contemplated litigation. Executive Session began at 6:14 p.m. and concluded at 6:56 p.m. Mayor Trevino announced at 6:56 p.m. that Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A. CALL TO ORDER August 10, 2015 City Council Meeting Minutes Page 2 of 10 Mayor Trevino called the meeting to order August 10, 2015 at 7:05 p.m. ROLL CALL Present: Oscar Trevino Mayor David Whitson Mayor Pro Tem Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 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 George Staples City Attorney Monica Solko Assistant City Secretary A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE Council member Rodriguez led the pledge of allegiance to the United States and Texas flags. Mayor Pro Tem Whitson recognized boy scout Jeremiah Lehr from Troop 719 who was in attendance working on his citizenship in the community badge. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION 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 August 10, 2015 City Council Meeting Minutes Page 3 of 10 B.1 APPROVE MINUTES OF THE JULY 27, 2015 REGULAR CITY COUNCIL MEETING. B.2 AUTHORIZE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENT WITH CITIES OF NORTH RICHLAND HILLS, HALTOM, RICHLAND HILLS AND WATAUGA FOR THE TEEN COURT PROGRAM. COUNCIL MEMBER TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C. PUBLIC HEARINGS C.1 ZC 2015-13, ORDINANCE NO. 3363, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CENTER POINT CHURCH FOR A ZONING CHANGE FROM TOD TRANSIT ORIENTED DEVELOPMENT TO C-1 COMMERCIAL FOR AN APPROXIMATELY 0.65 ACRE PORTION OF LOT 1, BLOCK 1, CENTER POINT ADDITION LOCATED AT 7804 MID CITIES BOULEVARD. APPROVED Mayor Trevino announced that the item was a public hearing and at the July 13, 2015 City Council meeting the item was opened and asked to be continued to August 10, 2015 City Council meeting. Mayor Trevino called on Principal Planner Clayton Husband to present the item. Principal Planner Clayton Husband presented item for Council. The purpose of the request is to rezone property from "TOD" Transit Oriented Development District to "C-1" Commercial on a small 0.65-acre portion of their 8.489-acre property at 7804 Mid-Cities Boulevard. Center Point Church does not have any immediate development plans. The zoning change request is associated with a capital improvements project for Smithfield Road and the right-of-way required from the Church for the project. The expansion of Smithfield will have an impact on the parking lot of the church due to the required setback of landscape. There is a companion item on the Landscape Review Board agenda to be presented tonight requesting a reduced width in landscape requirement. The Planning and Zoning Commission recommended approved of the rezone by a 6-0 vote. Mayor Trevino called on the applicant to present the item. Mr. Jay Bruner, Pastor of Center Point Church, 7804 Davis Boulevard, North Richland Hills presented the request and was available to answer questions from Council. August 10, 2015 City Council Meeting Minutes Page 4 of 10 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 and called for the motion. COUNCIL MEMBER LOMBARD MOVED TO APPROVE ZC 2015-13, ORDINANCE NO. 3363. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.2 ZC 2015-11, ORDINANCE 3369, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SAFEWAY CONSULTING & CONTRACTING, LLC FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 SINGLE FAMILY RESIDENTIAL ON 6.481 ACRES LOCATED AT 8463 AND 8517 SHADY GROVE ROAD. DENIED Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to present the item. Principal Planner Clayton Husband presented the item. The purpose of the request is a zoning change from AG agricultural to R-2 single-family residential for a proposed 13-lot residential development on this 6.481-acre site located on the north side of Shady Grove Road, west of Steeple Ridge Drive. Although recommended for denial by the Planning & Zoning Commission, the applicant has appealed the recommendation to City Council and has provided additional information that was not available at the time of consideration by the Planning & Zoning Commission. The property under consideration consists of three unplatted tracts of land covering 6.481 acres. The site has a reverse ell shape, with a narrow portion of the property extending north and parallel to the Steeple Ridge subdivision. Tree cover primarily exists along the common property line Steeple Ridge and in the northern portion of the tract. There are two houses on the property with access to Shady Grove Road. The proposed zoning is R-2 Single-Family Residential. The R-2 zoning district is intended to provide areas for low-density development of single-family residences that are constructed at an approximate density of 4.0 units per acre. The proposed R-2 zoning is consistent with the Comprehensive Plan recommendation for low density residential. However, the proposed zoning boundary is adjacent to additional underdeveloped acreage to the north and west. If developed in the interim, the R-2 boundary currently proposed would not guarantee a comprehensively planned development for the entire block with the best plan for access and lot layout. On August 3, the same applicant submitted a zoning change application for approximately 4.5 acres adjacent to the west of this proposal at 8451 Shady Grove Road. The applicant has indicated that they just recently have placed the property under contract. With the owner's acknowledgement August 10, 2015 City Council Meeting Minutes Page 5 of 10 and permission, the applicant is proposing a change from AG Agricultural to R-2 Single Family. While this new zoning request cannot be considered with this current application, the applicant will maintain that this additional acreage has addressed the staff and Planning & Zoning Commission concern for a "piecemeal" phased development. This new area would provide additional access to Shady Grove to the west. Mayor Trevino inquired why the fragmented approach was coming forward if the applicant is going to come in and develop the rest of the property. Mr. Husband stated that the applicant does not currently own the rest of the property. Mayor Trevino called on the applicant to come forward. Applicant representative Osama Nashed, ANA Consultants, 5000 Thompson Terrace, Colleyville, Texas presented the request. Mr. Nashed stated that the request was for rezoning to R-2, as staff had indicated that R-2 zoning was consistent with the Comprehensive Plan for the area. At the time of the Planning and Zoning Commission meeting, we were unaware of the concerns for another exit street for the lone cul-de-sac development. The developer then meet with the owner of the adjacent property to the west and was able acquire approximately 4.5 acres which is currently under contract. An application for zoning change for the additional acreage has been submitted to the Planning and Development Department for consideration. By acquiring this additional property it would also give the development another exit street to Shady Grove Road and a portion would be dedicated for drainage issues. We are requesting Council approve the rezoning request. He was available to answer any questions Council may have. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. Mr. Mark Assaad, 3529 Boxwood Drive, Grapevine, Texas came forward. Mr. Assadd was speaking on behalf of the developer. The project was brought forward as a single project because it was under a contract deadline. After hearing the concerns from the Planning and Zoning Commission, the developer pursued additional acreage to address their concerns. The additional acreage is under agreement but is contingent on the approval of this project. Mr. Lamar Slay, 8463 Shady Grove, North Richland Hills, Texas came forward. Mr. Slay stated he was in favor of the development. He stated that there were concerns from residents about losing trees and he felt it would not be an issue and thought that the development would be a nice one. Ms. Rebecca Rusdal, 8537 Steeple Ridge Drive, North Richland Hills, is concerned with the narrow turn onto busy traffic during school hours and a large tall tree in the back line of her house. If the tree was removed it could possible fall on her house or up root her pool if removed. August 10, 2015 City Council Meeting Minutes Page 6 of 10 Mr. Doug Crowell, 8541 Steeple Ridge Drive, North Richland Hills, stated that he knew there would be a subdivision behind his home in the future. He is concerned with piecemeal approach of the project and the contract for additional property not being finalized. There are no guarantees that the property would develop as residential. Mr. Crowell prefers that the developer have a master plan for the entire area before presenting to Council to ensure that the development is a nice development for the area. Mr. Scott Lowe, Vision Commercial, 1940 6th Avenue, Fort Worth, explained that this project had been in the works for about a year. The current request was for a zoning change which is consistent with the Comprehensive Plan. The additional 4.5 acres of property are under contract but is contingent on the approval of rezoning this property. There being no one else wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER LOMBARD MOVED TO DENY ZC 2015-11, ORDINANCE NO. 3369. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO DENY CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 APPROVE THE PURCHASE OF AUDIO VISUAL EQUIPMENT AND CONTROLS FROM SYNETRA, INC. IN THE AMOUNT OF $756,431.01 FOR NEW CITY HALL APPROVED Public Safety Director Jimmy Perdue presented item for Council. The purpose of the request is to approve the second part of the audio visual equipment and connectivity for new city hall facility. This item incudes the cables, adaptors, connectors, mounts and other installation hardware in addition to some component pieces like, screens, projectors and racks. The backbone of this system was approved by City Council on June 8 to be provided by Synetra. The purchase is for $756,431.01 with funding available through the City Hall project FC1205. August 10, 2015 City Council Meeting Minutes Page 7 of 10 Council had no questions for staff. COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE THE PURCHASE. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 SETTING THE DATE FOR THE PUBLIC HEARING FOR THE FY 2015/2016 CITY BUDGET, FY 2014/2015 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 2015/2016 city budget, FY 2014/2015 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 24 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. Council did not have any questions for staff. COUNCIL MEMBER LOMBARD MOVED TO SET THE PUBLIC HEARINGS AS AUGUST 24, 2015 AT 6:15 P.M. FOR THE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION, 6:30 P.M. FOR THE CRIME CONTROL AND PREVENTION DISTRICT, AND 7:00 P.M. FOR THE ANNUAL CITY BUDGET. COUNCIL MEMBER WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 VOTE ON PLACING THE TAX RATE ADOPTION ON THE AGENDA OF THE SEPTEMBER 14, 2015 CITY COUNCIL MEETING. APPROVED Director of Budget and Research Mark Mills summarized and presented item to Council. Mr. Mills informed Council that state law requires the governing body to vote to place the adoption of the tax rate on a future City Council agenda as an action item. The proposed tax rate is 610 per $100 of taxable valuation. This is the same as the currently adopted tax rate of 610. The date for this vote is planned for September 14, 2015. August 10, 2015 City Council Meeting Minutes Page 8 of 10 COUNCIL MEMBER WRIGHT OUJESKY MOVED TO PLACE THE ADOPTION OF THE TAX RATE AS AN ACTION ITEM ON THE MONDAY, SEPTEMBER 14, 2015 CITY COUNCIL AGENDA. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA Assistant City Manager Karen Bostic presented the item. Chesapeake Energy Corporation has approached the city seeking three year leases on approximately 0.96 acres of city property located at 8924 Thornmeadow Court, 8929 Thornmeadow Court and 8133 Hallmark Drive. The lease terms are $5,250 per acre and 25% royalties. COUNCIL MEMBER WRIGHT OUJESKY MADE A MOTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE FOR APPROXIMATELY 0.96 ACRES OF CITY PROPERTY LOCATED AT 8924 THORNMEADOW COURT, 8929 THORNMEADOW COURT AND 8133 HALLMARK DRIVE. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Director of Economic Development Craig Hulse informed Council that MHM Realty Advisory is under contract to sell the property located at 7901 Boulevard 26. During the feasibility phase, amendments to the contract have been identified that requires Council approval. The amendment removes certain zoning conditions and extends the closing date. Staff is recommending that Council authorize the city manager to amend the contract for the sale of 7901 Boulevard 26, Block 1, Lot 1R Venture- Addition-NRH. Council had no questions for staff. MAYOR PRO TEM WHITSON MOVED TO AUTHORIZE THE CITY MANAGER TO AMEND THE CONTRACT FOR THE SALE OF 7901 BOULEVARD 26, BLOCK 1, LOT 1R, VENTURE-ADDITION- NRH. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Lombard made the following announcements. August 10, 2015 City Council Meeting Minutes Page 9 of 10 Meet author Paula McLain at the North Richland Hills Public Library this Wednesday, August 12th, at 1 p.m. She will be signing her newest book, Circling the Sun. This free event is sponsored by the Friends of the North Richland Hills Library. For more information, visit the Library's website or call 817-427-6800. The North Richland Hills Animal Adoption & Rescue Center is participating in Clear the Shelter Day this Saturday, August 15th. All pet adoptions will be free on this day only. Visit the center between 10 a.m. and 5 p.m. Saturday to find your newest family member. The NRH Centre conducts swim lessons year round for all ages. Beginner, intermediate and advanced classes are available. For class times, fees and registration information, please contact the NRH Centre at 817-427-6000 or visit their website. Kudos Korner - David Smith in the Fire Department. A citizen emailed to say that she truly valued the CPR training class provided by David Smith. She noted that he was an excellent instructor and made everyone in the class feel comfortable. "I appreciate that our great City has such a fine program. Please, keep it up," she said. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:48 79 / Oscar Trevino, Mayor ``'"` ATTEST: ��nC�HLq"' • •G�-GJ Wr rr'k' Alicia Richardson, City Secretab► " :� O , stto .A: % mIuut, August 10, 2015 City Council Meeting Minutes Page 10 of 10