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Home My WebLink AboutCC 2006-05-08 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 8, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in a Work Session on the 8th day of May, 2006 at 6:20 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch John Lewis Jo Cox JoAnn Johnson David Whitson Nancy Bielik Staff Members: Larry J. Cunningham Ogden Bo Bass Richard Torres Karen Bostic Patricia Hutson George Staples Mary Edwards Larry Koonce Mike Curtis Thomas Powell Vickie Loftice Andy Jones John Pitstick Chris Swartz Richard Abernethy Absent: Suzy Compton Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Finance Director Public Works Director Director of Support Services Parks & Recreation Director Fire Chief Director of Planning & Development Aquatic Park Manager Assistant to City Manager Councilwoman Mayor Trevino called the Work Session to order at 6:20 p.m. A.O Discuss Items from Reqular City Council Meetinq Agenda Item B-2, PW 2006-013 - Councilman Lewis questioned if item number 7 under Stage 1 was still valid: Request City of Watauga adhere to the same restrictions as NRH retail customers. The Public Works Director advised that Watauga is required to follow the same ordinances as North Richland Hills. North Richland Hills acts as the City Council Minutes May 8, 2006 Page 2 wholesale supplier to Watauga and whenever North Richland Hills implements any of the stages, Watauga is also required to follow the same restrictions. Agenda Item B-3, PW 2006-14 - Mr. Cunningham reported to Council that Councilwoman Cox had called and questioned the wording on the release. Mr. Staples subsequently made some clarifications to the release and Council has been provided with a revised release. Approval of the Consent Agenda will include the revised release. B.1 IR 2006-055 - Presentation of Proposed Chanqes to International Fire Code Chief Jones presented an overview of changes to the Fire Code. The current Code is the 2000 edition of the International Fire Code with the 2002 updated International Fire Code Amendments and the North Central Texas Council of Governments (NCTCOG) amendments. The proposed Code to be considered is the 2003 International Fire Code with the NCTCOG amendments. Most of the differences between the two codes are organization and formatting changes. Chief Jones highlighted some of the additional requirements in the Code and answered questions from the Council. Chief Jones advised the 2006 Code will be available for Staff review in the next 30 days. Staff will be reviewing it within 90 days to determine the possibility of bringing the 2006 Code forward for consideration rather than the 2003 Code. Council will be advised of Staff's recommendation after their review. B.2 The Council may enter into closed Executive Session to discuss the followinq: Personnel Matters Pursuant to Section 551.074 of the Texas Government Code Appointment of Assistant City Secretary Mayor Trevino announced at 6:33 p.m. that the Council would adjourn to Executive Session as authorized by Section 551.074 of the Texas Government Code to discuss the appointment of Assistant City Secretary. C.O Adjournment Mayor Trevino announced at 6:37 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes May 8, 2006 Page 3 REGULAR COUNCIL MEETING A.O CALL TO ORDER Mayor Trevino called the meeting to order May 8, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Welch John Lewis Jo Cox JoAnn Johnson Nancy Bielik David Whitson Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney Absent: Suzy Compton Councilwoman A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) City Council Minutes May 8, 2006 Page 4 Mr. Dan Quinto and Ms. Kennis Ketchum briefed the Council on the Venue at Home Town. The proposed site plan was reviewed and the Schedule Summary discussed. Building One and leasing office are scheduled to open March 2007, first three buildings will open in June 2007 and the last three buildings are scheduled for August 2007. The ground breaking is scheduled for May 26 at 11 :00 a.m. in Home Town at Highway 26. A.4 CITIZENS PRESENTATION Ms. Anita McNeese, 7717 Terry Drive, expressed concern with the number of businesses leaving the City and the empty buildings. Ms. McNeese also expressed concern with the number of city monuments signs in the City and the location of the monuments. Mayor Trevino asked the City Manager's office to send a letter to Ms. McNeese explaining the business closings and a map of North Richland Hills showing the entrances to the City and explain why the monument signs are at those locations. Ms. Norma Lewis, 7708 Turner Street, advised she recently attended a volunteer luncheon at the Senior Center and collected some of the door prizes for the luncheon. Ms. Lewis recognized some of the businesses who contributed to the door prizes and encouraged shoppers to remember the contributors. Ms. Laverne O'Steen, 8429 Emerald Circle, referred to her six Citizens Presentation appearances since the January 9, 2006 meeting and commented on the need to act on the Emerald Lakes problems. Mayor Trevino asked Attorney Staples if the City had responded to all of Ms. O'Steen's requests and letters. Mr. Staples advised the City has responded to all inquiries and Ms. O'Steen has been advised repeatedly that this is not a city issue. Mr. William Green, 8304 Euclid Avenue, commented that he moved to North Richland Hills because of the development of the City and expressed appreciation for the quality of life available to the citizens.. Ms. Cindy Martin, 6062 Lakeway Mews, spoke on behalf of ten individuals in the audience. Ms. Martin presented to Councilwoman Johnson a tribute of her 15 years of service to the City. City Council Minutes May 8, 2006 Page 5 A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF THE APRIL 24, 2006 CITY COUNCIL MEETING B.2 PW 2006-013 CONSIDER UPDATE OF WATER CONSERVATION AND EMERGENCY WATER DEMAND/DROUGHT CONTINGENCY PLAN - ORDINANCE NO. 2882. B.3 PW 2006-014 PARTIAL RELEASE OF LIEN ON GRAHAM PROPERTY - RESOLUTION NO. 2006-024 B.4 PU 2006-030 APPROVE PURCHASE OF 2006 POLICE TAHOE FROM LYNN SMITH CHEVROLET IN THE AMOUNT OF $33,156 THROUGH THE STATE OF TEXAS INTERLOCAL PURCHASING AGREEMENT B.5 PU 2006-032 AUTHORIZATION TO EXTEND THE CONTRACT WITH FROST BANK FOR LOCKBOX SERVICES - RESOLUTION NO. 2006-028 B.6 PU 2006-033 AUTHORIZATION TO PARTICIPATE IN THE CITY OF HURST CONTRACT FOR THE ANNUAL SLURRY SEAL APPLICATION PROGRAM B.7 PU 2006-034 AWARD 2006 FOOD SUPPLY CONTRACT FOR NRH20 - RESOLUTION NO. 2006-029 B.8 PU 2006-035 AWARD BID FOR TRAFFIC MATERIALS SUPPLY CONTRACT- RESOLUTION NO 2006-03 B.9 PU 2006-036 AWARD BID FOR UTILITY MATERIALS SUPPLY CONTRACT TO ATLAS UTILITY SUPPLY - RESOLUTION NO. 2006-031 COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes May 8, 2006 Page 6 PUBLIC HEARINGS C.1 GN 2006-030 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE READOPTING YOUTH PROGRAM STANDARDS OF CARE - ORDINANCE NO. 2878 APPROVED Mayor Trevino opened the Public Hearing. Ms. Vickie Loftice, Park and Recreation Director presented the item. Item is to readopt the North Richland Hills Youth Program Standards of Care. A public hearing is required for adoption of the ordinance. The North Richland Hills Parks and Recreation Department offers day camp programs and State law requires municipal day camp programs for elementary age children to meet day care licensing requirements or file for an exemption of the Child Care Standards and Regulations of the Texas Human Resources Code. To receive exempt status, a copy of program standards, notice of the public hearing for the program and a copy of the ordinance adopting the standards must be submitted. The Standards of Care included in the City's Parks and Recreation day camp policies have been in place for several years and are used in the staff training process each year prior to camp starting. The application for exemption determination and formal adoption of the Youth Program Standards of Care and ordinance is an annual requirement. No changes have been made to the Standards of Care adopted last year by Council. Mayor Trevino called for anyone wishing to speak for or against the Standards of Care. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWOMAN JOHNSON MOVED TO PASS ORDINANCE No. 2878. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.2 RP 2006-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ABS SURVEYING ON BEHALF OF THE PROPERTY OWNERS TO APPROVE A RESIDENTIAL REPLAT OF LOTS 13, 14, 15, 16 AND 17, BLOCK 2, W.E. ODELL ADDITION TO LOTS 13R1, 13R2, 14R1, 14R2, 15R1, 15R2, 16R1, 16R2, 17R1, AND 17R2, BLOCK 2, W.E. ODELL ADDITION (LOCATED IN THE 8000 BLOCK OF ODELL) APPROVED City Council Minutes May 8, 2006 Page 7 Nature of request is to replat lots splitting each lot in half to provide frontage to both Mickey and Odell Streets. The site is currently zoned R-3 Single Family Residential. Escrow is being collected on Odell for future sidewalk improvements, and dedication of ten feet of right of way and escrow is being collected for future street and sidewalk improvements on Mickey Street. The City's current regulations require R-3 lots platted after August 12, 2002 to be a minimum of 70 feet wide. Applicant is requesting a waiver on all lots for a reduction in lot width to 60 feet. Applicant is requesting a waiver on the minimum square footage on lots facing Mickey Street including Lots 13R2-17R2. This section of Odell was originally platted for 60-foot wide lots and to require a minimum of 70-foot wide lots would be inconsistent for the area. Staff supports the variance and the Planning & Zoning Commission approved the replat on April 20, 2006 with approval for a waiver for 60-foot wide lots. Mayor Trevino opened the Public Hearing. Mr. Ken Brawley, 2929 Race Street, ABS Surveying, presented the request and was available to answer questions from Council. Mr. John Pitstick, Director of Planning and Development, presented the item, summarized the issues and presented the recommendation of the Planning & Zoning Commission and Staff. 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. MAYOR PRO TEM WELCH MOVED TO APPROVE RP 2006-03 WITH APPROVAL OF WAIVER FOR 60 FOOT LOTS. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.3 SUP 2006-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CHRIS RECKER TO APPROVE A SPECIAL USE PERMIT FOR ADVANTAGE AUTOMOTIVE PAINT AND BODY IN A C-2 COMMERCIAL DISTRICT (LOCATED AT 6432 DAVIS BOULEVARD) - ORDINANCE NO. 2879 APPROVED Applicant is requesting a special use permit to build an 11,690 square foot paint and body facility. The lot is approximately 2.97 acres and currently has a metal building on City Council Minutes May 8, 2006 Page 8 the rear of the lot. The proposed building is a single story brick and stone building oriented towards Davis Boulevard. Roof is a flat design with a parapet wall over the entryway. Applicant is requesting to utilize the existing metal building at the rear of the lot and reface the west elevation with building materials used for the main building. The applicant is providing for future outside storage of vehicles on the back of the lot in a screened fence area. The area was originally shown with an 8-foot masonry screening wall. The Planning and Zoning Commission recommended that the vehicle screening area be visually screened with applicant's choice of materials. Staff recommends that the enclosure be constructed of masonry materials compatible with the site buildings for long term maintenance reasons and eventual visibility from Davis Boulevard. The Planning & Zoning Commission recommended at their April 20, 2006 meeting to approve SUP 2006-01 with the following stipulation: A screening wall for vehicle storage, 8 ft. tall, no vehicles visible from Davis Boulevard and this area shall not exceed 55 feet by 120 feet maximum. Staff recommends approval of SUP 2006-01 with a stipulation for upgrading the outside vehicle storage area to an 8 foot tall (no vehicles visible from Davis Boulevard and area not to exceed 55 ft. by 120 ft) masonry enclosure with materials consistent with the building and site. Mayor Trevino opened the Public Hearing. Mr. Chris Recker, 7909 Whispering Woods Lane, applicant, presented his request, discussed the nature of his business and answered questions from Council. Mr. John Pitstick, Director of Planning and Development, summarized the request and presented the recommendations of the Planning & Zoning Commission and staff. 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. COUNCILWOMAN JOHNSON MOVED TO APPROVE SUP 2006-01, ORDINANCE No. 2879, WITH A STIPULATION FOR UPGRADING THE OUTSIDE VEHICLE STORAGE AREA TO AN 8 FT. TALL, NO VEHICLES VISIBLE FROM DAVIS BOULEVARD AND AREA NOT TO EXCEED 55 FT. BY 120 FT., MASONRY ENCLOSURE WITH MATERIALS CONSISTENT WITH THE BUILDING AND SITE. COUNCILMAN WHITSON SECONDED THE MOTION. COUNCILMAN LEWIS ASKED FOR MOTION TO BE AMENDED TO INCLUDE A 6 FOOT FENCE RATHER THAN AN 8 FOOT FENCE. COUNCILWOMAN JOHNSON AND COUNCILMAN WHITSON ACCEPTED THE AMENDMENT TO THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes May 8, 2006 Page 9 C.4 ZC 2006-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION AND COM IS DEVELOPMENT CORPORATION FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" RESIDENTIAL (LOCATED IN THE 6800 BLOCK OF SIMMONS ROAD - 2.1759 ACRES) ORDINANCE NO. 2880 CONTINUED TO JUNE 12. 2006 Mayor Trevino opened the Public Hearing. Mr. Ken Brawley, 2929 Race Street, ABS Surveying, presented a letter from the applicants requesting Council continue the zoning request to the June 12, 2006 council meeting. MAYOR PRO TEM WELCH MOVED TO CONTINUE ZC 2006-04 TO THE JUNE 12, 2006 CITY COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO CONTINUE THE PUBLIC HEARING ON ZC 2006-04 CARRIED 6-0. D.O PLANNING AND DEVELOPMENT There were no items for this category. E.O PUBLIC WORKS E.1 PW 2006-012 CONSIDER CHANGING THE NAME OF UICI DRIVE TO BUD JENSEN DRIVE - ORDINANCE NO. 2881 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. The City received a request from HealthMarkets (formerly UICI) to change the name of UICI Drive to Bud Jensen Drive. The name change is requested in honor of Mr. Jensen. Mr. Jensen was instrumental in the development of the UICI property. The street serves as primary access for employees of HealthMarkets. City Council Minutes May 8, 2006 Page 10 COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2881. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.O GENERAL ITEMS F.1 GN 2006-031 SUSPENSION OF 2005 INTERIM RATE ADJUSTMENT PROPOSED BY ATMOS ENERGY CORPORATION - RESOLUTION NO. 2006-032 APPROVED Ms. Karen Bostic, Managing Director, presented the item. Atmos Energy has notified the City of its intent to increase its distribution rates to all customers effective May 30, 2006. This type of increase is referred to as a GRIP filing. A GRIP filing allows interim utility rate adjustments to recover additional invested capital without filing a full rate case. This is the third GRIP filing in the last 1 % years by Atmos. The City can accept Atmos proposed rate increase, deny or suspend it. Staff is recommending suspension and approval of Resolution 2006-032 which in addition to suspending implementation of the proposed GRIP rate increase, will authorize participation with the Gas Steering Committee in a review and inquiry into the proposed GRIP rate increase, authorize intervention in any Railroad Commission or court proceedings related to the proposed GRIP rate increases, require Atmos Energy to reimburse the City reasonable costs associated with the City's review of the GRIP rate increase filings or participation in any subsequent proceeding. COUNCILWOMAN BIELlK MOVED TO APPROVE RESOLUTION No. 2006-032. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F2. GN 2006-032 CONSIDER THE CITY'S PARTICIPATION IN THE GAS STANDING STEERING COMMITTEE FOR CITIES SERVED BY ATMOS ENERGY - RESOLUTION NO. 2006-033 APPROVED City Council Minutes May 8, 2006 Page 11 Ms. Karen Bostic, Managing Director, presented the item. The City of North Richland Hills has been asked to participate in the Standing Steering Committee with other cities that are served by Atmos Energy. The City has been participating in a Steering Committee on other issues dealing with gas rates. The City is asking to participate in a more formal committee, which will enable cities to respond more quickly to the frequent gas rate filings. The committee will have the authority to act for members with each member retaining the ability to opt out of any proposed rate case action. Each member of the committee will have one vote and each city on the executive committee will have one vote. A membership fee of 5 cents per capita will be assessed. Staff recommends approval of Resolution No. 2006-033, which will allow the City to participate in the Steering Committee, approves paying the membership fee estimated to be $3,083 for North Richland Hills and appoints Karen Bostic as the City's representative on the committee. COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-032, RESOLUTION No. 2006-033. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F3. GN 2006-033 APPOINTMENT OF ASSISTANT CITY SECRETARY- RESOLUTION NO. 2006-034 APPROVED Mayor Trevino requested Council approve the appointment of Ms. Monica Solko for the position of Assistant City Secretary. Ms. Patricia Hutson, City Secretary, presented recommendation to appoint Ms. Solko to the position of Assistant City Secretary. COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2006-034, APPROVING THE APPOINTMENT OF MONICA SOLKO TO THE ASSISTANT CITY SECRETARY POSITION. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F4. INFORMATION AND REPORTS: REPORT ON TARRANT COUNTY BOND PROGRAM - TARRANT COUNTY REPRESENTATIVES City Council Minutes May 8, 2006 Page 12 Mr. Randy Skinner, with Tarrant County Transportation Services, and Tarrant County Commissioner Whitley presented information on the 2006 Tarrant County Bond Program. F5. INFORMATION AND REPORTS Mayor Pro Tem Welch made the following announcements. A Youth Advisory Committee Open House is scheduled for 5:30 p.m. on Wednesday May 10 at City Hall. For more information, please call 817-427-6015. A Household Hazardous Waste Mobile Collection Event will be held on Saturday, May 13, at the Tarrant County Community College Northeast Campus, 828 Harwood Rd. Residents can dispose of household chemical wastes properly, safely and efficiently between 9 a.m. and 11 a.m. For more details please call 817-427-6651. The City of North Richland Hills continues its free Sounds of Spring concert series at Green Valley Park, 7701 Smithfield Road. The next scheduled performance is Radiant and Meridianwest, starting at 6:30 p.m. on May 19. Admission is free. Please bring your own lawn chairs and blankets. For more information, call 817-427-6620. Kudos Korner - Officer J.K. Harding, Police Department - An e-mail was received from a resident thanking Officer Harding for his response to a traffic accident involving her 16- year-old granddaughter. She said the officer was very compassionate and understanding and the family was very impressed and appreciative as to how he handled the incident. She is proud North Richland Hills police officers act in such a professional and courteous manner. F.6 ADJOURNMENT MaYQ.r. Trevir:lO adjourned the meeting at 8:4 "·O\C~·' '\'....\ f'i ~II/ ~'~' ~~............. ~I'~ ~ ····n .... ~ ~....::s:: . . ~ ..... ~.. -" s. ~Ÿ.. : '. ::; =0:' r .~. ~ - . . - =>-: :-i= \~\.TEST:h iFf ~ .... .... G:> ......:-: ~~ ..,.~., I'¿ I JIr. - ,\~" , .~ Patricia Hutson - City Secretary