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HomeMy WebLinkAboutCC 2006-09-25 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 - SEPTEMBER 25, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of September, 2006 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Monica Solko George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis JoAnn Stout Thad Chambers Andy Jones Eric Wilhite Vickie Loftice Steve Brown Thomas Powell Richard Abernethy Bryant Harvey Call to Order Mayor Mayor Pro T em, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Director of Neighborhood Services Director of Economic Development Fire Chief Chief Planner Director of Parks and Recreation Director of NRH Library Director of Support Services Assistant to the City Manager Telecommunications Analyst Mayor Trevino called the work session to order at 6:00 p.m. A.O Discuss Items from Reqular City Council Meeting None. City Council Minutes September 25, 2006 Page 2 A.2 IR 2006-100 Substandard Buildinq Abatement Update JoAnn Stout, Director of Neighborhood Services, gave a PowerPoint presentation. She updated Council on some of the cases that the code officers have worked either by gaining voluntary compliance by the homeowner or by gaining enforced compliance through the Substandard Building Board process. It is anticipated that the numbers will increase significantly as the code officers identify more substandard structures through the Neighborhood LOOKS Program and begin addressing these situations. Substandard structures will be addressed through the Neighborhood Initiative Program, or if they qualify, through the Community Development Block Grant (CDBG) process. Properties taken to the Substandard Building Board is our last resort in gaining compliance of an unsafe, unhealthy environment. Our objective is to encourage property owners to bring their properties up to a good, safe condition and to keep them in such condition to protect our residential neighborhoods so that they can continue to be viable and desirable for our residents. A.3 IR 2006-102 Briefinq by BRW Architects on Upcominq Award of Contract and Options for the Construction of the New Library Richard Torres, Assistant City Manager, introduced Gary Dupree with BRW (Brown Reynolds Watford Architects). Mr. Dupree presented a PowerPoint presentation and updated the City Council on the status of the upcoming construction of the new Library. After the presentation, Mr. Torres requested that Council provide direction as to which options they wished to pursue so that staff could negotiate with the contractor and be prepared to bring the contract to the October 9th meeting for consideration. All were for going forward with the plans for the additional shell space, the emergency generator and additional architectural/engineering fees. Council will make a decision on the use of the remaining funds after BRW puts together additional costs for other enhancements. A.4 IR 2006-104 Discuss Schedulinq of November 27 and December 25.2006 City Council Meetinqs Patricia Hutson, City Secretary, presented the item. The second Council meeting in November falls close to the Thanksgiving holidays and the second meeting in December is on Christmas Day. In the past when Council meetings have fallen on or close to a holiday, Council has opted to cancel the meetings and directed staff to notify Council if any significant issues arise warranting a special meeting. A survey has been conducted with all departments to determine if there are any significant issues scheduled to be brought before Council on the second meeting dates in November and December. The directors responded that they knew of no known issues scheduled for City Council Minutes September 25, 2006 Page 3 the meetings or of any upcoming items that would be impacted by a change in the council meeting schedule. Should Council desire, the two meetings can be cancelled and if there is unexpected business that cannot be handled at the remaining meetings, a special meeting can be scheduled. Staff is requesting Council direction on the scheduling of the November 27th and December 25th City Council meetings. Council opted to cancel meetings at this point and if needed would handle it accordingly. B.1 Executive Session: Mayor Trevino announced at 6:33 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code to discuss the following: a) Pending Litigation Authorized by Section 551.071, to consult with attorney regarding Davis v. NRH, et al.; Jacobson v. City of North Richland Hills, et al.; Friend v. City of North Richland Hills, et al.; Rodgers v. City of North Richland Hills; and Del Rio v. City of North Richland Hills; b) Deliberations Authorized by Section 551.087, to discuss Economic Development Negotiations regarding South Grapevine Highway Area. C.O Adjournment Mayor Trevino announced at 6:58 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.O CALL TO ORDER Mayor Trevino called the meeting to order September 25,2006 at 7:05 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Mayor Mayor Pro Tem, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 City Council Minutes September 25, 2006 Page 4 Tim Welch Council, Place 7 Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) None. A.4 CITIZENS PRESENTATION Mayor Pro Tem Lewis stated there were two requests to speak this evening. He called for Marvin Kinchen to speak first. Marvin Kinchen, 8421 Gifford Lane, came forward. He read a letter he had written - I am a 79 year old disabled veteran of Word War II and the Korean War. In 1980, I bought property on Gifford Lane and have lived there for 26 years. For the past several years, I have been unable to work and have been on constant life support and dialysis since October of last year. My total monthly income is $835.00 and that consists of $631.00 from social security and $204.00 from the VA. Food, medication, utilities, and insurance leave me struggling to make ends meet. I have no idea how I can afford the amount to obtain a hookup to the new waterline that the city has put in and so I am asking for some consideration such as the easement I signed that a sum amount to be allowed on the thousands of dollars for the hookup. City Council Minutes September 25, 2006 Page 5 Mayor Trevino asked Larry Cunningham, City Manager to have someone look into the problem and see what the city could do to help Mr. Kinchen. Mayor Pro Tem Lewis called on Laverne O'Steen to come forward. Laverne O'Steen, 8429 Emerald Circle, presented a picture of a crumbling retaining wall in her subdivision. She expressed that her numerous presentations she has requested nothing and has complained about nothing. She is presenting facts, documents and pictures. She stated that after her presentation the City Attorney, George Staples, kept referring to Emerald Hills Lake in his comments to her and refers to an organization, she does not know. Mayor Trevino asked Ms. O'Steen at your last presentation you asked the council to help you repair the wall and handed out a bid for one plus million dollars. Ms. O'Steen commented she was not asking for anything. Mayor Trevino apologized for the misunderstanding and called on Mr. Staples. George Staples, City Attorney, stated that Ms. O'Steen has presented nothing new in this latest attempt to get the city to expend tax dollars to reconstruct the lake and wall which she and the other members of Emerald Lakes Homeowners Association own. The lake and wall are on private property owned by Ms. O'Steen's Homeowner's Association. The city has no legal responsibility for them. They were constructed by a private developer with proper permits from FEMA, as Ms. O'Steen has been repeatedly informed. The responsibility for their maintenance is solely that of those private property owners. When Ms. O'Steen purchased her house, she, like the other owners in the subdivision became responsible for the maintenance and repair of these common properties. If private property owners fail to maintain their property, they may suffer consequences. It is not the function of government in this country to assume the obligations of private property owners. Ms. O'Steen has the right to appear, as she has, at every city council meeting to attempt to persuade the council to expend millions of dollars of tax money for this private purpose. As I have advised you repeatedly, however, it is not lawful to use public funds to meet the obligations of a private property owner. This advice will be the same without regard to the number of times Ms. O'Steen appears. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes September 25, 2006 Page 6 B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 11, 2006 CITY COUNCIL MEETING B.2 PU 2006-054 AUTHORIZE CONTRACT EXTENSION WITH ATLAS UTILITY SUPPLY COMPANY THROUGH APRIL 20, 2007 FOR WATER METERS AND TELEMETRIC DEVICES - RESOLUTION NO. 2006-077 B.3 GN 2006-086 RENEWAL OF GENERAL PARKS MOWING CONTRACT WITH VMC LANDSCAPE SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD, IN THE AMOUNT OF $174,505 - RESOLUTION NO. 2006-079 B.4 GN 2006-087 AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MOTOROLA TO MANAGE THE TRANSITION OF THE MOBILE DATA RADIO SYSTEM AS MANDATED BY FEDERAL COMMUNICATIONS COMMISSION - RESOLUTION NO. 2006-080 COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 ZC 2006-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 7400 BLOCK OF EDEN RD. --1.4 ACRES). ORDINANCE NO. 2900. *THIS PUBLIC HEARING AND CONSIDERATION WAS CONTINUED AT THE SEPTEMBER 11,2006 CITY COUNCIL MEETING UNTIL SEPTEMBER 25,2006.* CONTINUE TO OCTOBER 9. 2006 Mayor Trevino advised the public hearing was still open from the September 11th City Council Meeting and read a letter submitted by the applicant requesting the City Council to continue items C.1 (ZC 2006-11) and D.1 (FP 2006-11) until the next City Council Meeting, set for October 9, 2006. The applicant's purpose was to appeal the City Engineers determination of "rough proportionality" relative to sanitary sewer improvements. City Council Minutes September 25, 2006 Page 7 COUNCILMAN SAPP MOVED TO CONTINUE ZC 2006-11 TO THE OCTOBER 9, 2006 CITY COUNCIL MEETING. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO CONTINUE THE PUBLIC HEARING ON ZC 2006-11 CARRIED 7-0. PLANNING & DEVELOPMENT D.1 FP 2006-11 CONSIDERATION OF A REQUEST FROM MR. & MRS. MCCARTY TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, MCCARTY ADDITION (LOCATED IN THE 7400 BLOCK OF EDEN RD. -- 1.4 ACRES). *THIS FINAL PLAT WAS CONTINUED AT THE SEPTEMBER 11, 2006 CITY COUNCIL MEETING UNTIL SEPTEMBER 25,2006.* CONTINUE TO OCTOBER 9. 2006 Mayor Trevino stated this was the same applicant and letter from the previous case. The Mayor again read the letter that the applicant was requesting that the City Council continue item D.1 (FP 2006-11) and waive the 30 day deadline of approval for this plat until the next City Council Meeting, October 9, 2006. COUNCILMAN TURNAGE MOVED TO CONTINUE FP 2006-11 TO THE OCTOBER 9, 2006 CITY COUNCIL MEETING AND GRANTING THE APPLICANT'S REQUEST TO WAIVE THE 30 DAY DEADLINE FOR PLAT APPROVAL. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO CONTINUE FP 2006-11 CARRIED 7-0. PUBLIC WORKS E.1 NO ITEMS FOR THIS CATEGORY. None. GENERAL ITEMS City Council Minutes September 25, 2006 Page 8 F.1 PU 2006-055 APPROVE A CONTRACT WITH MODERN CONTRACTORS, INC. FOR THE CONSTRUCTION OF A LIVE FIRE TRAINING FACILITY IN THE AMOUNT OF $705,500 - RESOLUTION NO. 2006-078 AND REVISE THE 2005/2006 CAPITAL PROJECTS BUDGET Larry Koonce, Director of Finance, presented the item. On April 24, 2006 City Council awarded a contract to Larrison Construction Texas to construct the Live Fire Training Facility. At the August 4th and 5th Budget Workshop, Council was informed that Larrison might not be able to obtain a performance bond for the project. In fact since this time staff has learned that Larrison was not been able to secure a bond. Due to this, the City Attorney has informed Larrison that the City declines to contract with them. As a result, the project evaluation committee comprised of Richard Torres, Assistant City Manager; Larry Koonce, Director of Finance; Andy Jones, Fire Chief; Kirk Marcum, Assistant Fire Chief; Thomas Powell, Director of Support Services; and Ken Raney, Project Manager met to consider options. The committee evaluated different options and decided to negotiate with the second best proposer, Modern Contractors, Inc., before deciding whether to request proposals again. The goals of the committee were to preserve the integrity of the project and stay within budget if possible. Before making a final decision the committee wanted to meet with Modern one more time to see if the project cost could be reduced. Modern was able to reduce the cost by an additional $10,000. The final negotiated price is $705,500. This includes an owners contingency of $15,000. The additional funds of $24,381 necessary to award this contract are available in pay-as-you-go reserves. The revised budget for this project will be $744,381, an increase of $24,381 from the original budget. In addition, the project construction start date has been delayed from May 2006 to November 2006 due to the change in contractors COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION 2006-078. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2006-088 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO.1 (TIF #1) AND APPOINTMENT OF CHAIR APPROVED Patricia Huston, City Secretary, presented the item. The Bylaws of Reinvestment Zone Number One state that the Board is to consist of nine directors: City Council Minutes September 25, 2006 Page 9 5 appointed by the City Council 1 appointed by the governing body of Birdville Independent School District 1 appointed by the governing body of Tarrant County College District 1 appointed by the Tarrant County Hospital District 1 appointed by the governing body of Tarrant County. The directors are to serve two-year terms of office. The five Council Members serving on Reinvestment Zone No. 1 terms of office expire in October. The City Council is being requested to make five appointments to the Board. The members whose terms will expire are Mayor Trevino, Mayor Pro Tem Lewis, Councilman Welch, Councilman Turnage and Councilman Whitson. Initially when the Reinvestment Zone was created, David Medanich (City's Financial Advisor with First Southwest Company) recommended that the City's Board Members include elected officials to the City. Council also elected to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the exception of the one extra Council member on Reinvestment Zone NO.2. The next agenda item is to consider the appointments to Reinvestment Zone NO.2. The Bylaws also state that the Council shall appoint a Chair annually. The other officers consisting of a Vice-Chair and Secretary are to be elected by the Board of Directors at their next meeting. After the appointment of the five directors, Council is requested to appoint the Chair. COUNCILWOMAN COMPTON MOVED TO REAPPOINT MAYOR TREVINO, MAYOR PRO TEM LEWIS, COUNCILMAN WELCH, COUNCILMAN TURNAGE AND COUNCILMAN WHITSON WITH MAYOR TREVINO SERVING AS THE CHAIR. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1; COUNCILMAN BARTH VOTING AGAINST. F.3 GN 2006-089 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO.2 (TIF #2) AND APPOINTMENT OF CHAIR APPROVED Patricia Huston, City Secretary, presented the item. The Bylaws of Reinvestment Zone Number Two state that the Board is to consist of nine directors: 6 appointed by the City Council 1 appointed by the governing body of Tarrant County College District 1 appointed by the Tarrant County Hospital District 1 appointed by the governing body of Tarrant County. The directors are to serve two-year terms of office. The terms of office for the six Council Members serving on Reinvestment Zone No. 2 expire in October. The City City Council Minutes September 25, 2006 Page 10 Council is being requested to make six appointments to the Board. The Council Members whose terms will expire are Mayor Trevino, Mayor Pro Tem Lewis, Councilwoman Compton, Councilman Whitson, Councilman Turnage and Councilman Welch. Initially when the Reinvestment Zone was created, David Medanich (City's Financial Advisory with First Southwest Company) recommended that the City's Board Members include elected officials of the City. Council also elected to appoint the same Council Members to Reinvestment Zones No. 1 and NO.2 with the exception of the one extra Council Member on Reinvestment Zone NO.2. Council will also be considering appointments to Reinvestment Zone NO.1 in the previous agenda item. The Bylaws also state that the Council shall appoint a Chair annually. The other officers consisting of a Vice-Chair and Secretary are to be elected by the Board of Directors at their next meeting. After the appointment of the six directors, Council is requested to appoint the Chair. COUNCILMAN SAPP MOVED TO APPROVE THE REAPPOINTMENT OF THE EXSISTING BOARDMEMBERS AND CHAIR. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2006-090 APPOINT MEMBERS OF THE YOUTH ADVISORY COMMITTEE APPROVED Richard Abernethy, Assistant to the City Manager, presented the item. The Youth Advisory Committee (Y AC) By-Laws specify that 10 members are to be appointed for a two-year term and 6 members are be appointed for a one-year term for a total of 16 members. The Youth Advisory Committee recommends appointing the following new member: . Taylor Burroughs, Birdville High School, 1 year-term These appointments are in accordance with the Youth Advisory Committee By-Laws. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2006-090. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes September 25, 2006 Page 11 F.5 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA None. F.6 INFORMATION AND REPORTS Councilman Sapp made the following announcements. The City of North Richland Hills will join History Maker Homes at 10:00 a.m. on Thursday, September 28th, for a ribbon cutting at their new company headquarters located at 9001 Airport Freeway. For more information, please call the Economic Development Department at 817-427-6090. The North Richland Hills Fire Department will host an open house from 10:00 a.m. to 2:00 p.m. on Saturday, October 7th, at the Fire Administration Building, 7202 Dick Fisher Drive North. Visitors will see live demonstrations and learn about the many important services provided by the Fire Department. For more information, please call 817 -427 -6905. Join us for live music under the stars at the Autumn Night Music Concert Series. The series begins Saturday, October 7th, with the western swing group Coyboys & Indians. On Saturday, October 14th, the Beatles tribute band Me & My Money will perform. Both concerts are free and will begin at 7 p.m. at Kay Granger Park at Mullendore Elementary School. For more details, please call 817-427-6600. Kudos Korner - Penny Peterson and the Inspection Staff, Planning and Development Department. A call was received from a local business owner who was extremely complimentary of Penny and the inspection staff. He indicated that everyone he had contact with was cooperative, helpful and understood the need to get permits processed in a timely fashion. 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