HomeMy WebLinkAboutCC 2020-05-11 Minutes MINUTES OF THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL 4301 CITY POINT DRIVE
MAY 11, 2020
A. CALL TO ORDER
Mayor Trevino stated in accordance with the Texas Governor's March 13, 2020 Disaster
Declaration and subsequent suspension of certain Texas Open Meetings Act Provisions,
this May 11, 2020 meeting of the North Richland Hills City Council is hereby called to
order at 6:25 p.m.
Mayor Trevino stated that tonight's meeting will be conducted using Webex video
conference in order to observe physical distancing to mitigate the spread of COVID-19.
Mayor Trevino conducted a roll call of City Council members to confirm the presence of
a quorum.
Present via video conference:
Oscar Trevino, Mayor
Rita Wright Oujesky, Mayor Pro Tern
Tito Rodriguez, Associate Mayor Pro Tern
Suzy Compton, Place 3
Mason Orr, Place 4
Mike Benton, Place 5
Scott Turnage, Deputy Mayor Pro Tem (present at 6:28 p.m.)
Absent:
Tim Welch, Place 7
Staff present via video conference:
Mark Hindman, City Manager
Alicia Richardson, City Secretary
Maleshia B. McGinnis, City Attorney
Karen Manila, Assistant City Manager
Clayton Comstock, Director of Planning
A.1 INVOCATION
Council member Benton gave the invocation.
A.2 PLEDGE
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Council member Benton led the Pledge of Allegiance to the United States and Texas
flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
There were no items for this category.
A.4 CITIZENS PRESENTATION
There were no requests to speak from the public.
A.5 PUBLIC COMMENTS
There were no requests to speak from the public.
A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
No items were removed from the consent agenda.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY COUNCIL
MEMBER COMPTON TO APPROVE THE CONSENT AGENDA.
MOTION TO APPROVE CARRIED 6-0.
B.1 APPROVE MINUTES OF THE REGULAR APRIL 27, 2020 CITY COUNCIL
MEETING.
B.2 RP 2020-04 CONSIDERATION OF A REQUEST FROM TEXAS SURVEYING
INC. FOR A REPLAT OF LOTS 6R1 AND BR, BLOCK 2, JACK M. ESTES JR.
SUBDIVISION, BEING 2.132 ACRES LOCATED AT 3700 RUFE SNOW DRIVE
AND 6721 BOULEVARD 26.
B.3 FP 2020-02 CONSIDERATION OF A REQUEST FROM RAMON HERNANDEZ
FOR A FINAL PLAT OF LOT 2, BLOCK 20, BRIARWOOD ESTATES, BEING
0.994 ACRES LOCATED AT 6935 SMITHFIELD ROAD.
B.4 CONSIDER A PROFESSIONAL SERVICES AGREEMENT WITH HALFF
ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $105,759 FOR THE
BFC-7 FLOOD STUDY PROJECT (DR2004).
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B.5 ACKNOWLEDGE ASSUMPTION AND ASSIGNMENT OF TARRANT COUNTY
CONTRACT BID NO. 2018-057 AND AUTHORIZE TRANSFER OF CITY OF
NORTH RICHLAND HILLS PURCHASE AGREEMENT FROM MARTIN EAGLE
OIL COMPANY TO U.S. VENTURE, INC.
C. PUBLIC HEARINGS
C.1 SUP 2020-02, ORDINANCE NO. 3646, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM SUNFINITY RENEWABLE ENERGY
LLC FOR A SPECIAL USE PERMIT FOR A GROUND MOUNTED SOLAR
ARRAY AT 7325 CHAPMAN DRIVE, BEING 1.911 ACRES DESCRIBED AS
LOT 13, BLOCK 1, MORGAN MEADOWS.
APPROVED
Mayor Trevino opened the public hearing and called on Director of Planning Clayton
Comstock to introduce the item.
Mr. Comstock informed City Council the applicant is requesting a special use permit for
1.911 acres located at 7325 Chapman Drive. The area is designated on the
Comprehensive Land Use Plan as residential estate and the current zoning is R-1-S
special single family. Mr. Comstock provided site photos of the property.
Applicant Jeff Melton with Sunfinity Renewable Energy LLC located at 17300 Dallas
Parkway, Suite 2020, Dallas presented request. Mr. Melton informed City Council the
proposed ground mounted solar array will be located on the northern portion of the
property. At the Planning and Zoning Commission there was concern about the fence
located on the west side of the property being less than eight feet in height. Mr. Melton
informed City Council the homeowner is in agreement to fix the height of the fence.
Mr. Comstock presented staffs report. The ground mounted solar array is approximately
964 square feet and will be located in the rear of the property. The solar array is seven
feet two inches tall at its highest point. Ground mounted solar arrays are required to be
screened from adjacent properties. The Development Review Committee (DRC)
recommends the fence facing Chapman Drive be replaced or the height increased. As
an alternative, the homeowner may provide screening shrubs on the west side of the
house. The screening shrubs shall be seven to ten gallon evergreen species planted
eight feet apart that will grow at least seven feet in height within three years. Mr.
Comstock informed City Council the ordinance is written to provide homeowner the
option to replace fence or plant additional evergreen shrubs. The special use permit is
required because the property has a detached garage (permanent accessory structure)
and the combined total square footage of the detached garage and ground mounted solar
array exceed the maximum floor area allowed for permanent accessory structures. The
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Planning and Zoning Commission, at their May 7, 2020 meeting, recommended approval
with a vote of 6-0.
Mayor Trevino asked Assistant City Secretary Traci Henderson to call on those who
completed a public meeting appearance form to speak during the public hearing. There
being no forms submitted, Mayor Trevino closed the public hearing.
A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY
COUNCIL MEMBER BENTON TO APPROVE ORDINANCE NO. 3646, WITH THE
STIPULATION THE RESIDENT REPLACE THE FENCE FACING CHAPMAN DRIVE WITH
AN EIGHT FOOT FENCE.
MOTION TO APPROVE CARRIED 6-0.
C.2 ZC 2020-04, ORDINANCE NO. 3647, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM MICHAEL AND JENNIFER EASLEY
FOR A ZONING CHANGE FROM AG (AGRICULTURAL) TO R-2
(SINGLE-FAMILY RESIDENTIAL) AT 7521 KIRK ROAD, BEING 0.33 ACRES
DESCRIBED AS TRACT 14C, STEPHEN RICHARDSON SURVEY, ABSTRACT
1266.
APPROVED
Mayor Trevino opened the public hearing for Ordinance No. 3647 and called on Director
of Planning Clayton Comstock to introduce Item C.2, ZC 2020-04 and companion item
D.1, FP 2020-03.
Mr. Comstock informed City Council the applicant is requesting a zoning change for 0.33
acres located at 7521 Kirk Road. The area is designated on the Comprehensive Land
Use Plan as low density residential and the current zoning is AG agricultural. The
proposed zoning is R-2 single family residential. The property is currently unplatted with
an existing house. The proposed final plat associated with the zoning change creates
one single family lot. Mr. Comstock provided site photos of the property.
Applicant Michael Easley, 7521 Kirk Road presented item. Mr. Easley informed City
Council he plans to add approximately 350 square feet to the existing house. The interior
renovation will include the addition of a bedroom and work in the kitchen.
Mr. Comstock presented staffs report. He informed City Council the property is a legal
nonconforming lot that is zoned agricultural and is not platted. The subdivision and
zoning ordinances require a legal nonconforming use to be zoned and platted prior to
being expanded. The Planning and Zoning Commission, at their May 7, 2020 meeting,
recommended approval with a vote of 6-0 for the zoning change and final plat.
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Mayor Trevino asked Assistant City Secretary Traci Henderson to call on those who
completed a public meeting appearance form to speak during the public hearing. There
being no forms submitted, Mayor Trevino closed the public hearing.
A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM TURNAGE, SECONDED BY
COUNCIL MEMBER COMPTON TO APPROVED ORDINANCE NO.3647.
MOTION TO APPROVE CARRIED 6-0.
D. PLANNING AND DEVELOPMENT
D.1 FP 2020-03 CONSIDERATION OF A REQUEST FROM JENNIFER AND
MICHAEL EASLEY FOR A FINAL PLAT OF LOT 20, BLOCK 2,
MEADOWVIEW ESTATES, BEING 0.314 ACRES LOCATED AT 7521 KIRK
ROAD.
APPROVED
City Council discussed this item in conjunction with item C.2.
A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY ASSOCIATE
MAYOR PRO TEM RODRIGUEZ TO APPROVE FP 2020-03.
MOTION TO APPROVE CARRIED 6-0.
D.2 RP 2020-07 CONSIDERATION OF A REQUEST FROM BURGESS & NIPLE
FOR A REPLAT OF LOTS 11R AND 13R, EDGLEY ADDITION, BEING 1.727
ACRES LOCATED AT 7502 AND 7504 BOULEVARD 26.
APPROVED
Mr. Comstock informed City Council the applicant is requesting a replat for 1.727 acres
located at 7502 and 7504 Boulevard 26. The area is designated on the Comprehensive
Land Use Plan as retail commercial and the current zoning is C-2 commercial. Mr.
Comstock provided site photos of the property.
Applicant representative Vanessa McElroy with Burgess & Niple located at 12750 Merit
Drive, Suite 425, Dallas presented request. Ms. McElroy informed City Council her
client, Cool Air Automotive, agrees with the recommended conditions with the exception
of item 4 that provides a common access easement across both lots. Ms. McElroy
mentioned that her client is concerned with the security for his business and customers.
Mr. Comstock presented staffs report. Currently, there are four separate lots on two
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properties. Mr. Comstock informed City Council the applicant is seeking a variance to
the design criteria of the subdivision regulations related to common access easements.
The Planning and Zoning Commission, at their May 7, 2020 meeting, recommended
approval with the conditions outlined in the Development Review Committee comments
and the requested variance to the common access easement requirement. The Planning
and Zoning Commission approved the item with a vote of 7-0. Staff recommends
approval, subject to the Development Review Committee comments. If City Council
wishes to approve requested variance; the motion will need to include the waiver in their
motion.
City Council and staff discussed the common access easement.
A MOTION WAS MADE BY MAYOR PRO TEM WRIGHT OUJESKY, SECONDED BY
ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO APPROVE RP 2020-07 WITH THE
CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS,
WITH THE EXCEPTION OF ITEM 4.
MOTION TO APPROVE CARRIED 6-0.
E. PUBLIC WORKS
There were no items for this category.
F. GENERAL ITEMS
F.1 CONSIDER RESOLUTION NO. 2020-022, TO DENY ONCOR ELECTRIC
DELIVERY COMPANY LLC'S APPLICATION TO AMEND ITS DISTRIBUTION
COST RECOVERY FACTOR WITHIN THE CITY OF NORTH RICHLAND
HILLS.
APPROVED
Assistant City Manager Karen Manila informed City Council the item before them this
evening is to approve a resolution denying Oncor's Electric Delivery Company LLC's rate
request filed with the City of North Richland Hills. In the filing, Oncor is seeking a
$75,889,531 increase in distribution revenues. North Richland Hills and approximately
160 municipalities are members of a Steering Committee served by Oncor. The Steering
Committee has engaged the services of a consultant to review Oncor's filing. The
proposed resolution authorizes the City to participate with the Steering Committee of
Cities served by Oncor as a party in the filing; hiring Lloyd Gosselink and consultants to
review filing and take necessary action; finds Oncor's request to raise rates
unreasonable and denied; keeps current rates in place until case is settled and allows
recovery of reasonable rate case expenses. Staff recommends City Council approve
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Resolution No. 2020-022.
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY
ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO APPROVE RESOLUTION NO.
2020-022.
MOTION TO APPROVE CARRIED 6-0.
F.2 SELECT MEMBERS OF COUNCIL TO SERVE AS MAYOR PRO TEM,
DEPUTY MAYOR PRO TEM AND ASSOCIATE MAYOR PRO TEM FOR A
TERM OF ONE YEAR.
APPROVED
City Secretary Alicia Richardson informed City Council the item before them this evening
is to select three members of council to serve as Mayor Pro Tern, Deputy Mayor Pro
Tern and Associate Mayor Pro Tern for a term of one year. The City Charter provides
for the powers and duties of the City Council and selection of the Mayor Pro Tern. The
selection shall be made at the first regular meeting following the general city election.
The Mayor Pro Tern shall, in the absence or disability of the Mayor, perform all the
Mayor's duties. As a result of the COVID-19 pandemic, the City Council realized the
need for two additional leadership positions on the City Council. On March 26, 2020 the
City Council approved Ordinance No. 3642, amending the City Code of Ordinances,
Rules of Procedure, to provide for the selection of a Deputy Mayor Pro Tem and
Associate Mayor Pro Tern.
A MOTION WAS MADE BY COUNCIL MEMBER BENTON, SECONDED BY COUNCIL
MEMBER COMPTON TO NOMINATE SCOTT TURNAGE TO SERVE AS MAYOR PRO
TEM, TITO RODRIGUEZ TO SERVE AS DEPUTY MAYOR PRO TEM AND MASON ORR
TO SERVE AS ASSOCIATE MAYOR PRO TEM FOR A TERM OF ONE YEAR.
MOTION TO APPROVE CARRIED 6-0.
EXECUTIVE SESSION
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE REGULAR
AGENDA
Mayor Trevino announced that City Council did not convene into Executive Session.
H. INFORMATION AND REPORTS - COUNCIL MEMBER COMPTON
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H.1 ANNOUNCEMENTS
Council member Compton made the following announcements.
North Richland Hills City Hall, Municipal Court and the animal shelter reopened to the
public today with normal business hours. All visitors are asked to wear a face covering
for health and safely while inside our city buildings. To help keep our staff safe,
employees will continue temperature checks at the start of each shift, enhanced
sanitation protocols, social distancing and wearing of face coverings. Online, phone and
email services remain available and residents are encouraged to continue to utilize them
as much as possible. To limit in-person contact and gathering of groups, City Council
Meetings, Planning & Zoning Commission Meetings and Municipal Court hearings will
continue to be conducted via teleconference until further notice.
Kudos Korner - Chris Amarante and the Facilities Staff - A city department director
emailed his appreciation to the facilities department for their around-the-clock deep
cleaning in recent weeks. He wrote, "Ifs comforting to see them around City Hall hard at
work. Many departments deserve recognition for their innovation, flexibility and
adaptability at this time, but I want to make sure Facilities is also recognized."
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:20 p.m.
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