HomeMy WebLinkAboutCC 2022-05-09 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 4301 CITY POINT DRIVE
MAY 9, 2022
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the 9th
day of May at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular City
Council meeting.
Present: Oscar Trevino Mayor
Tito Rodriguez Place 1
Rita Wright Oujesky Associate Mayor Pro Tem, Place 2
Suzy Compton Deputy Mayor Pro Tern, Place 3
Mason Orr Mayor Pro Tern, Place 4
Patrick Faram Place 5
Scott Turnage Place 6
Kelvin Deupree Place 7
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Manila Assistant City Manager
Jimmy Perdue Director of Public Safety
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
CALL TO ORDER
Mayor Trevino called the meeting to order at 6:01 p.m.
1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. •
City Council had no questions for staff.
2. PRESENTATION BY URBAN LAND INSTITUTE DALLAS-FORT WORTH
CENTER FOR LEADERSHIP.
Director of Planning Clayton Comstock informed City Council the Dallas-Fort Worth
Chapter of the Urban Land Institute (ULI) has a Center for Leadership (CFL) program.
The CFL is a nine-month program, and a major component of the leadership class is to
participate in a
"Mini-Technical Assistant Panel" (mTAP). Members of the Center for Leadership
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program collaborate with fellow participants to address a project submitted for the
program that pertains to a tangible land use or, a _real estate problem. The Planning
Department submitted the 53-acre Richland Centre property to be considered for the
program. The city's submittal was selected and the panel of five development industry
professionals worked on the project for six months. As part of the program, the group is
to present their research and findings to the municipal government. The Center for
Leadership Class of 2022 assigned to, the North Richland Hills project include:
Christopher Flockerzy, Sheila Kleinpeter, Christopher Morris, Judd Mullinix, and Joe
Reimer. The team presented their recommendation for the area to include commercial,
mixed-use, multi-family residential, office and open space.
EXECUTIVE SESSION
1. SECTION 551.071: CONSULTATION WITH THE CITY ATTORNEY TO SEEK
ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION - IN RE NORTH
RICHLAND HILLS ALAMO, LLC, CASE NO. 22-40384-ELM11, FILED IN THE
US BANKRUPTCY COURT, NORTHERN DISTRICT OF TEXAS.
2. SECTION 551.087: DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS - 8358 DAVIS BOULEVARD
Mayor Trevino announced at 6:44 p.m. that the City Council would adjourn into Executive
Session as authorized by Chapter 551, Texas Government Code, Section 551.071:
Consultation with the City Attorney to seek advice about pending or contemplated
litigation - In re North Richland Hills Alamo, LLC, Case No. 22-40384-elm11, filed in the
US Bankruptcy Court, Northern District of Texas and Section 551.087: Deliberation
regarding Economic Development negotiations- - 8358 Davis Boulevard. Executive
Session began at 6:49 p.m. and concluded at 6:58 p.m.
Mayor Trevino announced at 6:58 p.m. that City Council would convene to the regular
City Council meeting.
REGULAR MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order May 9, 2022 at 7:04 p.m.
Present: Oscar Trevino Mayor
Tito Rodriguez Place 1
Rita Wright Oujesky Associate Mayor Pro Tern, Place 2
Suzy Compton Deputy Mayor Pro Tern, Place 3
Mason Orr Mayor Pro Tern, Place 4
Patrick Faram Place 5
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Scott Turnage Place 6
Kelvin Deupree . Place 7 ,
Staff Members: Mark Hindman City Manager
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
A.1 INVOCATION
Council member Faram gave the invocation.
A.2 PLEDGE
Council member Faram led the Pledge of Allegiance to the United States and Texas flags.
A.3 SPECIAL PRESENTATION(S)AND RECOGNITION(S)
There were no requests to speak from the public.
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 RODRIGUEZ, SECONDED BY
ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY TO APPROVE THE CONSENT
AGENDA.
MOTION TO APPROVE CARRIED 7-0.
B.1 APPROVE MINUTES OF THE APRIL 25, 2022 CITY COUNCIL MEETING.
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B.2 PLAT22-0014 CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS
FOR A FINAL PLAT OF LOTS 11 AND 12R, BLOCK A, HEWITT ESTATES,
BEING 0.685 ACRES LOCATED AT 7524 FRANKIE B STREET.
B.3 PLAT22-0015 CONSIDERATION OF A REQUEST FROM SPOONER &
ASSOCIATES FOR A REPLAT OF LOTS 2R2R AND 2R3, BLOCK 1,
WATERMERE ON THE PRESERVE, BEING 1.799 ACRES LOCATED AT 8609
DAVIS BOULEVARD.
B.4 CONSIDER RESOLUTION NO. 2022-022, AUTHORIZING SUBMISSION OF
THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED FOR THE BUREAU OF JUSTICE ASSISTANCE FY2022
BULLETPROOF VEST PARTNERSHIP.
B.5 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TOWN OF WESTOVER HILLS FOR THE
PURCHASE OF SLURRY SEAL AND OTHER GOODS AND SERVICES FROM
VENDORS SELECTED THROUGH THE COMPETITIVE BIDDING PROCESS.
B.6 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT, AND
OTHER NECESSARY AND RELATED DOCUMENTS, FOR EMERGENCY
MEDICAL SERVICE BILLING AND COLLECTIONS WITH WITTMAN
ENTERPRISES, LLC THROUGH AN INTERLOCAL AGREEMENT WITH THE
CITY OF EULESS, IN AN AMOUNT NOT TO EXCEED $320,000 FOR THE
INITIAL THREE-YEAR TERM.
C. PUBLIC HEARINGS
C.1 ZC22-0023, ORDINANCE NO. 3736, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM ROBERT FAMIGLETTI JR FOR A
ZONING CHANGE FROM AG (AGRICULTURAL) TO R-1 (SINGLE-FAMILY
RESIDENTIAL) AT 7405 HIGHTOWER DRIVE, BEING 2.238 ACRES
DESCRIBED AS TRACTS 4B, 4B1, AND 4B1 B, JOHN CONDRA SURVEY,
ABSTRACT 311.
APPROVED
Mayor Trevino opened the public hearing for Ordinance No. 3736 and called on Director
of Planning Clayton Comstock to introduce the item and its companion item D.1,
PLAT22-0017. The applicant is requesting a zoning change from agricultural to R-1
single-family residential for 2.238 acres located at 7405 Hightower Drive. The
companion item PLAT22-0017, is a final plat that creates four single-family residential
lots for the property that is currently unplatted and zoned agricultural. The area is
designated on the Comprehensive Land Use Plan as residential estate and the current
zoning is agricultural. Mr. Comstock provided site photos of the property.
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Applicant Robert Famigletti, Jr., 409 Rockgate Court, Arlington, Texas informed City
Council he is presenting the item on behalf of his parents who lived at 7405 Hightower for
40+ years until they lost their house to a lighting strike. The request is to rezone the
property from agricultural to R-1 and divide the property into four 1/2-acre lots. His
parents plan to build their new home on Lot 3.
Mr. Comstock presented staffs report. The Planning and Zoning Commission, at their
April 21, 2022 meeting, recommended approval with a vote of 5-0.
In response to Associate Mayor Pro Tern Wright Oujesky's question, Mr. Comstock
commented that a note will be added to the plat that requires off-street circulation to
eliminate vehicular traffic backing onto Hightower.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. There being no forms submitted,
Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to
come forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM COMPTON, SECONDED BY
COUNCIL MEMBER TURNAGE TO APPROVE ORDINANCE NO. 3736.
MOTION TO APPROVE CARRIED 7-0.
C.2 ZC22-0024, ORDINANCE NO. 3737, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM LISA HAM FOR A ZONING
CHANGE FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE-FAMILY)
AT 7600 SHADY GROVE ROAD, BEING 3.86 ACRES DESCRIBED AS LOT
1A1, BLOCK 1, MCKEE ADDITION.
APPROVED
Mayor Trevino opened the public hearing for Ordinance No. 3737 and called on Director
of Planning Clayton Comstock to introduce the item and its companion item D.2,
PLAT22-0016. The applicant is requesting a zoning change from agricultural to R-1-S
special single-family residential for 3.773 acres located at 7600 7612 Shady Grove Road.
The companion item PLAT22-0016, is a replat of Lots 2R, 3, and 4, Block 1, McKee
Addition for 4.882 acres located at 7600 and 7612 Shady Grove Road. The area is
designated on the Comprehensive Land Use Plan as low density residential and the
current zoning is R-1-S special single-family and residential. Mr. Comstock provided site
photos of the property.
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Applicant Lisa Hamm, 7612 Shady Grove Road, informed City Council she is
representing on behalf of her sisters and McKee Family Holdings LLC. She shared that
the property has been in their family for 50 years. Her sister owns the property located
at 7600 Shady Grove Road and she owns the property at 7612 Shady Grove Road.
Upon her father's passing, she and her sisters received the remainder of the property.
The family desires to split up the property evenly and clean up the property lines. Ms.
Hamm shared that her husband built an auxiliary building on her property without a
building permit. The replat of the property lines will provide the appropriate setback for
the building. The replat requires the property to have the same zoning classification.
Mr. Comstock presented staffs report. The rezoning request is threefold: (1)
accommodate the existing residential home site and accessory uses; (2) correct an error
on the zoning map; and (3) provide consistent zoning between 7600 Shady Grove Road
and 7612 Shady Grove Road so that 7612 Shady Grove Road can be increased in
land area to accommodate an accessory building. Mr. Comstock shared that the
accessory building located at 7612 Shady Grove Road was constructed without a permit
and staff contacted and informed the property owner the building required a building
permit. Staff determined the size and location did not comply with city ordinances and
regulations. Ms. Hamm applied for a special use permit for the accessory building
constructed without permits. The City Council, at its November 8, 2021 meeting,
considered and denied the applicant's special use permit for their non-permitted
accessory building. Staff gave Ms. Hamm a deadline of December 30, 2021 to propose
a solution. Mr. Comstock informed City Council that staff met with Ms. Hamm and
discussed the following options: (1) demolish the building; (2) reduce the size of the
building to address the three features that did not comply with zoning standards; and (3)
replat the property such that the setback and area requirements met the zoning
standards. In order to replat additional area from the south into the property, that
property would need to be rezoned to R-1-S (special single-family). The replat adjusts
the lot depth of Lot 2R to increase the depth by 55 feet and increase the lot area by
6,828 square feet. The additional lot depth provides the property owner at 7612 Shady
Grove with additional lot depth for an existing and non-permitted accessory building. Mr.
Comstock shared that the 4:12 roof pitch requirement for the accessory building is still
not addressed, nor any building code issues that may exist. Mr. Comstock advised that
these would be addressed through the building permit process. The Chief Building
Official inspected the accessory building in October 2021 and determined the building is
safe to remain until the final resolution of the zoning. Mr. Comstock stated that fees and
fines will be collected at the time the permit is issued. The Planning and Zoning
Commission, at their April 21, 2022 meeting, recommended approval of the zoning
change with a vote of 5-0. At this same meeting, the Planning and Zoning Commission
recommended approval of PLAT22-0016 with the conditions outlined in the Development
Review Committee comments. Mr. Comstock mentioned that the plat comments
addresses formal access easement off Davis Lane. He asked that City Council's motion
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include the plat comments.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. Mr. David Spoon, 8533 Grand
View Drive, spoke in opposition. Mr. Spoon's main concern is the lack of following the
city's regulations and ordinances.
There being no one else wishing to speak, Mayor Trevino closed the public hearing.
Mayor Trevino thanked Mr. Spoon for attending the meeting and addressing the City
Council during the public hearing.
In response to Council member Turnage's comment, Mr. Comstock informed City
Council the roof pitch on the lean-to addition is required to be a 4:12 roof pitch. If it
does not meet city regulation, it will be required to be removed.
Associate Mayor Pro Tern Wright Oujesky agreed with Mr. Spoon's comments. She
expressed her displeasure with property owners circumventing the city's ordinances. •
A MOTION WAS MADE BY COUNCIL MEMBER FARAM, SECONDED BY COUNCIL
MEMBER DEUPREE TO APPROVE ZC22-0024, ORDINANCE NO. 3737, PUBLIC
HEARING AND CONSIDERATION OF A REQUEST FROM LISA HAM FOR A ZONING
CHANGE FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE-FAMILY) AT 7600
SHADY GROVE ROAD, BEING 3.86 ACRES DESCRIBED AS LOT 1A1, BLOCK 1, MCKEE
ADDITION.
MOTION TO APPROVE CARRIED 7-0.
D. PLANNING AND DEVELOPMENT
D.1 PLAT22-0017 CONSIDERATION OF A REQUEST FROM ROBERT
FAMIGLETTI JR FOR A FINAL PLAT OF ALONSO CHARLES ADDITION,
BEING 2.238 ACRES LOCATED AT 7405 HIGHTOWER DRIVE.
APPROVED
This item was presented in conjunction with item C.1.
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A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM COMPTON, SECONDED BY
COUNCIL MEMBER RODRIGUEZ TO APPROVE PLAT22-0017 WITH THE
CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS.
MOTION TO APPROVE CARRIED 7-0.
D.2 PLAT22-0016 CONSIDERATION OF A REQUEST FROM LISA HAM FOR A
REPLAT OF LOTS 2R, 3, AND 4, BLOCK 1, MCKEE ADDITION, BEING 4.882
ACRES LOCATED AT 7600 AND 7612 SHADY GROVE ROAD.
APPROVED
This item was presented in conjunction with item C.2.
A MOTION WAS MADE BY MAYOR PRO TEM ORR, SECONDED BY COUNCIL
MEMBER FARAM TO APPROVE PLAT22-0016 WITH THE CONDITIONS OUTLINED IN
THE DEVELOPMENT REVIEW COMMITTEE COMMENTS.
MOTION TO APPROVE CARRIED 7-0.
E. PUBLIC WORKS
E.1 APPROVE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING
SERVICES WITH RJN GROUP, INC., IN AN AMOUNT NOT TO EXCEED
$424,450.00 FOR THE DESIGN OF THE BIG FOSSIL INTERCEPTOR
REHABILITATION PROJECT (UT2206) AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT.
APPROVED
Director of Public Works Caroline Waggoner presented item. Staff requests City
Council approve a professional services agreement with RJN Group, Inc. for engineering
design services for the rehabilitation of the Big Fossil Interceptor Project. The project
involves approximately 7,500 linear feet of existing sanitary sewer main in the
southwestern portion of the city in Fossil Creek Park. Ms. Waggoner informed City
Council the project has sufficient funding for the contract with RJN Group, Inc., but it will
require transferring of funds from the construction phase to the design phase to cover
the full cost of the design contract.
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A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM WRIGHT OUJESKY,
SECONDED BY COUNCIL MEMBER DEUPREE TO APPROVE A PROFESSIONAL
SERVICES AGREEMENT FOR ENGINEERING SERVICES WITH RJN GROUP, INC., IN AN
AMOUNT NOT TO EXCEED $424,450.00 FOR THE DESIGN OF THE BIG FOSSIL
INTERCEPTOR REHABILITATION PROJECT (UT2206) AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT.
MOTION TO APPROVE CARRIED 7-0.
F. GENERAL ITEMS
F.1 AUTHORIZE THE CITY MANAGER TO INCREASE THE NON-EXCLUSIVE
CONTRACTS WITH DFW DOUBLE D CONTRACTING LLC, AND MART INC.,
TO PERFORM CITY-WIDE GENERAL CONTRACTOR SERVICES FOR
VARIOUS CITY DEPARTMENTS IN ACCORDANCE WITH RFP 20-022 IN THE
COLLECTIVE AMOUNT NOT TO EXCEED $539,700 ANNUALLY.
APPROVED
Director of Facilities & Construction Chris Amarante presented item. Staff is seeking
City Council's approval to increase the amount of the non-exclusive contracts with DFW
Double D Contracting LLC, and Mart Inc., from $231,200 to an amount not to exceed
$539,700 annually. Both companies provide general contracting services for various city
departments for small renovation and repair projects. Staff is utilizing a 2020 request for
proposals (RFP 20-022) for these general contractor services and $231,200 was
approved in the 2020/2021 budget. Staff added projects in the fiscal year 2021/2022
budget. These projects are identified as the same type and scope as awarded in the
original agreement, which did not require staff to rebid the contracts and only revise the
original amount. The cost for the additional projects is $308,511 and $301,000 will be
funded by the America Rescue Plan Act of 2021 (ARPA).
A MOTION WAS MADE BY COUNCIL MEMBER DEUPREE, SECONDED BY COUNCIL
MEMBER FARAM TO AUTHORIZE THE CITY MANAGER TO INCREASE THE
NON-EXCLUSIVE CONTRACTS WITH DFW DOUBLE D CONTRACTING LLC., AND
MART INC., TO PERFORM CITY-WIDE GENERAL CONTRACTOR SERVICES FOR
VARIOUS DEPARTMENTS IN ACCORDANCE WITH RFP 20-022 IN THE COLLECTIVE
AMOUNT NOT TO EXCEED$539,700 ANNUALLY.
MOTION TO APPROVE CARRIED 7-0.
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G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION
AGENDA
APPROVED
Mayor Trevino announced there was action necessary as the result of discussion in
Executive Session pursuant to Section 551.087: Deliberation regarding Economic
Development negotiations - 8358 Davis Boulevard. •
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR
PRO TEM ORR TO AUTHORIZE THE CITY MANAGER TO EXECUTE A TERM SHEET
AND NEGOTIATE A THEATRE COVENANT AGREEMENT AND ECONOMIC
DEVELOPMENT 380 AGREEMENT WITH REMEMBER THE ALAMO, LLC, FOR THE
NRH ALAMO DRAFTHOUSE LOCATED AT 8358 DAVIS BOULEVARD.
MOTION TO APPROVE CARRIED 7-0. •
H. INFORMATION AND REPORTS - DEPUTY MAYOR PRO TEM COMPTON
H.1 ANNOUNCEMENTS
Deputy Mayor Pro Tern Compton made the following announcements.
The Primary Runoff Election will be held on May 24, with early voting taking place next
week. Early voting locations include St. Paul Presbyterian Church on Rufe Snow Drive
and the Northeast Tarrant Courthouse on Grapevine Highway. Sample ballots and more
information can be found on Tarrant County's website.
Join us for Library in the park each Tuesday morning from May 17 - June 14. The first
stop will be at Linda Spurlock Park at 10:00 a.m. on May 17. Participants will enjoy
stories and activities, checking out books, and learning about the Mayor's Summer
Reading Club! Please visit the library's website for more information.
Don't forget, our next Council Meeting has been rescheduled to Wednesday, May 18 and
will include the oaths of office for our re-elected Council Members.
Kudos Korner - Diane Whitsel and Bri Shipman in Animal Services - A resident emailed
a note of appreciation for Diane and Bri's assistance with a skunk. He appreciated the
quick response to his call and said they did an outstanding job. "I just wanted you to
know that you have some fine people working in the Animal Services Division," he wrote.
I. ADJOURNMENT
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Mayor Trevino adjourned the meeting at 7:54 p.m.
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