HomeMy WebLinkAboutCC 2022-06-13 Minutes MINUTES OF THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL 4301 CITY POINT DRIVE
JUNE 13, 2022
REGULAR MEETING
A. CALL TO ORDER
Mayor Pro Tern Rodriguez called the meeting to order June 13, 2022 at 7:01 p.m.
Present: Tito Rodriguez Mayor Pro Tern, Place 1
Rita Wright Oujesky Place 2
Suzy Compton Place 3
Mason Orr Place 4
Scott Turnage Associate Mayor Pro Tern, Place 6
Kelvin Deupree Deputy Mayor Pro Tern, Place 7
Absent: Oscar Trevino Mayor
Patrick Faram Place 5
Staff Members: Karen Manila Assistant City Manager
Alicia Richardson City Secretary/Chief Governance Officer
Maleshia B. McGinnis City Attorney
Absent: Mark Hindman City Manager
A.1 INVOCATION
Deputy Mayor Pro Tern Deupree gave the invocation.
A.2 PLEDGE
Deputy Mayor Pro Tern Deupree 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
Mr. John Schleeter, 6553 Northern Dancer Drive, shared that he is the president of the
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Iron Horse Commons Homeowner Association. He previously visited City Council to bring
to their attention issues with the developer for their community regarding the common
areas. The developer has committed to reimburse the homeowner association for some
of the repairs. Mr. Schleeter expressed his concern for future homeowner associations
and asked City Council if they can assist future homeowner associations to ensure
developers turn over common areas that are not in need of repair.
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 ASSOCIATE MAYOR PRO TEM TURNAGE, SECONDED BY
COUNCIL MEMBER ORR TO APPROVE THE CONSENT AGENDA.
MOTION TO APPROVE CARRIED 6-0.
B.1 APPROVE MINUTES OF THE MAY 18, 2022 REGULAR CITY COUNCIL
MEETING.
B.2 PLAT22-0019 CONSIDERATION OF A REQUEST FROM ROBERT NORDYKE
FOR A FINAL PLAT OF LOT 1, BLOCK 1, NORDYKE ESTATES, BEING 1.25
ACRES LOCATED AT 6613 HARMONSON ROAD.
B.3 PLAT22-0020 CONSIDERATION OF A REQUEST FROM GEONAV LLC FOR A
REPLAT OF LOTS 3R1 AND 3R2, BLOCK 1, D.J. ANDERSON ADDITION,
BEING 1.686 ACRES LOCATED AT 8517 DAVIS BOULEVARD.
B.4 CONSIDER RESOLUTION NO. 2022-024, AUTHORIZING SUBMISSION OF
THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED FOR THE FY2022 COMMUNITY ORIENTED POLICING SERVICES
HIRING PROGRAM.
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B.5 CONSIDER RESOLUTION NO. 2022-025, AUTHORIZING SUBMISSION OF
THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED FOR THE FY2022 COPS IMPLEMENTING CRISIS INTERVENTION
TEAMS - COMMUNITY POLICING DEVELOPMENT GRANT FOR A MENTAL
HEALTH COORDINATOR POSITION.
C. PUBLIC HEARINGS
C.1 ZC22-0022, ORDINANCE NO. 3739, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM CAPITAL REAL ESTATE INC. TO
REVISE THE PD (PLANNED DEVELOPMENT) FOR 8521 DAVIS
BOULEVARD, BEING 2.09 ACRES DESCRIBED AS LOT 4, BLOCK 1, D.J.
ANDERSON ADDITION.
APPROVED
Mayor Pro Tern Rodriguez 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 to revise the existing
planned development for 2.09 acres located at 8521 Davis Boulevard to add child-care
center as a permitted use. The area is designated on the Comprehensive Land Use Plan
as commercial and the current zoning is planned development. Mr. Comstock provided
site photos of the property.
Applicant representative Allison Morgan, 60 South Sixth Street, Minneapolis, Minnesota,
presented the request. Capital Real Estate Inc. is a commercial real estate company that
construct new buildings or purchase existing buildings and lease to long-term tenants.
They have a relationship with Children's Courtyard and this new location would be in
addition to their locations at 7515 Smithfield Road and 600 Mid-Cities Boulevard in Hurst.
Children's Courtyard anticipates enrollment of 200 students or as permitted by local
licensing. The hours of operation will be 6:30 a.m. - 6:30 p.m. and the age range of
students is six weeks to 12 years old. Ms. Morgan said no improvements are proposed
for the existing building. They will fill in the pool, which will be come a grass space area.
The perimeter concrete of the pool and pool shed structure would remain, as well as
three sides of the pool ornamental fencing. The anticipated opening will be in the fourth
quarter of 2022.
In response to Council member Wright Oujesky's question regarding the pool, Ms.
Morgan stated that she engaged a contractor to work with the building department. The
contractor will perforate the bottom of the pool to drain the water and fill the pool with
earth/dirt and landscape.
Mr. Comstock presented staffs report. The existing site has a 14,000 square foot
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building and the previous planned development was approved in 2013 with a base zoning
of office and primary use for a private school with less than 100 students. The proposed
revision is to add a child-care as a permitted use and to remove the swimming pool and
some of the adjacent fencing. The pool will be perforated to drain and the pool will be
filled with earth and topped off with sod. There will be a concrete sidewalk around the
grass area. The fence that faces the building will be removed and the rest will remain.
The Planning and Zoning Commission, at their May 19, 2022 meeting, recommended
approval with a vote of 5-0.
Council member Orr asked staff to address the ability for adjacent businesses to sell
alcohol next to a child-care facility. Mr. Comstock commented that the question was
asked at the Planning and Zoning Commission meeting. In particular, the alcohol sales
from Starwood Cafe or potential restaurant in front of the child-care facility. The Texas
Alcoholic Beverage Code has a specific exemption for private school with less than 100
students that allows a business to sell alcohol if they have a food and beverage
certificate. Mr. Comstock commented that the Texas Alcoholic Beverage Code has an
exemption for child-care facilities and as long as the business has a food and beverage
permit they can sell alcohol. A bar, brewpub, private club and beer/wine store would not
be able to sell alcohol.
City Attorney Maleshia McGinnis informed City Council her office is reviewing the
exemptions for alcohol sales adjacent to a child-care facility and have not reached a
determination.
Council member Wright Oujesky inquired about landscaping and lighting for the property.
Mr. Comstock informed City Council the landscape plan was approved in 2013. City
staff, prior to issuing a certificate of occupancy, will inspect the property to ensure the
landscaping is in compliance with the 2013 approved landscape plan. The city has not
received any complaints for this property regarding noise or lighting.
Mayor Pro Tem Rodriguez 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 Pro Tem Rodriguez 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 Pro Tern Rodriguez closed the public hearing.
A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM DEUPREE, SECONDED BY
COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE ORDINANCE NO. 3739.
MOTION TO APPROVE CARRIED 6-0.
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C.2 ZC22-0025, ORDINANCE NO. 3740 PUBLIC HEARING AND CONSIDERATION
OF A REQUEST FROM FRANCISCO AND MELINDA ZAGAL FOR A ZONING
CHANGE FROM AG (AGRICULTURAL) TO R-2 (SINGLE-FAMILY
RESIDENTIAL) AT 8408 FRANKLIN COURT, BEING 0.23 ACRES DESCRIBED
AS LOT 13, THOMAS PECK SUBDIVISION.
APPROVED
Mayor Pro Tern Rodriguez 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 zoning change for 0.23
acres located at 8408 Franklin Court. The area is designated on the Comprehensive
Land Use Plan as low density residential and the current zoning is agricultural. Mr.
Comstock provided site photos of the property.
Applicants Francisco and Melinda Zagal, 8408 Franklin Court, presented the item. Mr.
Zagal said they are requesting a zoning change to build a new single-family home.
Mr. Comstock presented staffs report. To date, eight lots have been rezoned R-2 and 11
lots are zoned agricultural on Franklin Court. The Planning and Zoning Commission, at
their May 19, 2022 meeting, recommended approval with a vote of 5-0.
Council member Orr asked Mr. Comstock if it is customary for the property owner to be
responsible for installing water and sanitary sewer taps and associated impact fees. Mr.
Comstock informed City Council it is customary for the property owner to be responsible
for any water taps, sanitary sewer taps, and impact fees.
Mayor Pro Tem. Rodriguez 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 Pro Tern Rodriguez 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 Pro Tern Rodriguez closed the public hearing.
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY
ASSOCIATE MAYOR PRO TEM TURNAGE TO APPROVE ORDINANCE NO. 3740.
MOTION TO APPROVE CARRIED 6-0.
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C.3 ZC22-0026, ORDINANCE NO. 3741, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM SCOTT WOOD FOR A ZONING
CHANGE FROM R-3 (SINGLE-FAMILY RESIDENTIAL) TO R-1-S (SPECIAL
SINGLE-FAMILY) AT 8104 GREEN VALLEY DRIVE, BEING 1.99 ACRES
DESCRIBED AS LOT 2, COLLEGE ACRES ADDITION.
APPROVED
Mayor Pro Tern Rodriguez opened the public hearing and called on Director of Planning
Clayton Comstock to introduce the item and companion item D.1.
Mr. Comstock informed City Council the applicant is requesting a zoning change for 1.99
acres located at 8104 Green Valley Drive. The area is designated on the Comprehensive
Land Use Plan as low density residential and the current zoning is R-3 single-family
residential. Mr. Comstock provided site photos of the property. Companion item,
Plat22-0018 requests approval of a replat of Lots 2R and 3R, Block 1, College Acres
Addition for 4.004 acres located at 8100 and 8104 Green Valley Drive.
Applicant Scott Wood, 8100 Green Valley Drive, shared that he owns both properties and
seeks to make a one-acre lot and a three-acre lot. He plans to sell the one-acre lot to his
brother.
Mr. Comstock presented staffs report. The request is to rezone the property located at
8104 Green Valley Drive from R-3 to R-1-S. The plat associated with this property
incorporates the southern portion of Lot 2 (8104 Green Valley Drive) into Lot 3 (8100
Green Valley Drive). The remaining portion of Lot 3 would be platted as a separate
one-acre lot. The Planning and Zoning Commission, at their May 19, 2022 meeting,
recommended approval of the zoning change with a vote of 5-0. The Planning and
Zoning Commission also approved Plat22-0018, with the conditions outlined in the
Development Review Committee comments. The applicant revised the plat to address all
conditions.
Mayor Pro Tern Rodriguez 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 Pro Tern Rodriguez 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 Pro Tern Rodriguez closed the public hearing.
A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY DEPUTY
MAYOR PRO TEM DEUPREE TO APPROVE ORDINANCE NO. 3741.
MOTION TO APPROVE CARRIED 6-0.
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D. PLANNING AND DEVELOPMENT
D.1 PLAT22-0018 CONSIDERATION OF A REQUEST FROM SCOTT WOOD FOR
A REPLAT OF LOTS 2R AND 3R, BLOCK 1, COLLEGE ACRES ADDITION,
BEING 4.004 ACRES LOCATED AT 8100 AND 8104 GREEN VALLEY DRIVE.
APPROVED
This item was presented in conjunction with item C.3.
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY
ASSOCIATE MAYOR PRO TEM TURNAGE TO APPROVE PLAT22-0018, SUBJECT TO
APPROVAL OF THE ZONING CHANGE APPLICATION OUTLINED IN CASE ZC22-0026.
MOTION TO APPROVE CARRIED 6-0.
E. PUBLIC WORKS
There were no items for this category.
F. GENERAL ITEMS
F.1 CONSIDER RESOLUTION NO. 2022-023, AUTHORIZING A SUSPENSION OF
THE JUNE 17, 2022 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY'S
REQUEST TO INCREASE RATES.
APPROVED
Assistant City Manager Karen Manila presented the item. Oncor Electric Delivery
Company filed an application with cities to increase system-wide transmission and
distribution rates by $251 million or approximately 4.5% over present revenues. Oncor
asked the city to approve an 11.2% increase in residential rates and a 1.06% increase in
street lighting rates. If approved, residents would see an increase of $6.02/month.
Resolution No. 2022-023, suspends the June 17, 2022 effective date and allows the
Steering Committee of Cities served by Oncor to evaluate the filing and determine further
recourse. Ms. Manila stated that this is the first comprehensive rate increase since 2017.
A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY
COUNCIL MEMBER ORR TO APPROVE RESOLUTION NO. 2022-023.
MOTION TO APPROVE CARRIED 6-0.
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F.2 CONSIDER RESOLUTION NO. 2022-026, APPOINTING MEMBERS TO THE
PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT
ADVISORY COMMITTEE.
APPROVED
City Secretary/Chief Governance Officer Alicia Richardson presented the item. The city
is in receipt of Gregory Hoffa's resignation from Place 6 on the Planning and Zoning
Commission and Capital Improvement Advisory Committee. Associate Mayor Pro Tern
Turnage recommends the current ex-officio Anthony Bridges be appointed to Place 6 on
the Commission, term expiring June 30, 2022. This creates a vacancy in the ex-officio
position and Mayor Trevino recommends the appointment of Jared Ross to fulfull the
vacancy, term expiring June 30, 2022.
A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM TURNAGE, SECONDED BY
COUNCIL MEMBER COMPTON TO APPROVE RESOLUTION NO. 2022-026.
MOTION TO APPROVE CARRIED 6-0.
F.3 ACCEPT PUBLIC OFFICIAL'S RESIGNATION FROM CITY COUNCIL PLACE
5.
APPROVED
City Secretary/Chief Governance Officer Alicia Richardson presented the item. The city
is in receipt of Patrick Faram's resignation from City Council Place 5. Pursuant to Texas
Election Code, Title 12, Chapter 201, the City Council is the authority to act on a public
official's resignation. The resignation creates a vacancy on City Council that will be filled
by a special election on November 8, 2022. An item will be placed on a future meeting to
order a special election to fulfill the vacancy for the office expiring May 6, 2023, or until a
successor has been duly elected and qualified for the office.
A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM DEUPREE, SECONDED BY
COUNCIL MEMBER WRIGHT OUJESKY TO ACCEPT PUBLIC OFFICIAL PATRICK
FARAM'S RESIGNATION FROM CITY COUNCIL PLACE 5.
MOTION TO APPROVE CARRIED 6-0.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE REGULAR
AGENDA.
Mayor Pro Tern Rodriguez announced that City Council did not convene into Executive
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Session.
H. INFORMATION AND REPORTS
H.1 ANNOUNCEMENTS
Associate Mayor Pro Tern Turnage made the following announcements.
Join us in welcoming New York Times bestselling author Candice Millard to the NRH
Library this Tuesday. Ms. Millard will speak about her latest book, River of the Gods,
starting at 7:00 p.m. Admission is free. Her speaking engagement will be followed by a
book signing. Please contact the library for more information.
Want to learn the best techniques for saving water? Keep NRH Beautiful and the Tarrant
Regional Water District invite you to attend a free online class on Thursday, June 23,
starting at 6:00 p.m. The 45-minute class will teach you how to set up your landscape to
need less water. Visit the city's website to sign up and get more information.
Kudos Korner - Jason Fitzwater and David Connor in the Facilities Department - On a
recent Friday evening, Jason and David were dispatched after hours to a water
emergency at a city facility. Water was leaking into multiple rooms and initial thoughts
were a water pipe had broken. Upon investigating, it was determined rainwater was being
sucked into the HVAC units and pushed into the facility. After determining the source of
the infiltration, Jason and David stayed to help clean up the water. Thanks to their quick
response, damage to the facility was minimized. Their actions reflect the city's core
values of responsibility, service and teamwork and are a testament to the caliber of staff
in the Facilities Department.
I. ADJOURNMENT
Mayor Pro Tern Rodriguez adjourned the meeting at 7:48 p.m.
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