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HomeMy WebLinkAboutCC 2005-10-24 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 24, 2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 24th day of October, 2005 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch John Lewis Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Steve Brown Vickie Lottice Richard Abernethy Absent: Jo Cox 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 Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Library Director Parks & Recreation Director Assistant to City Manager Councilwoman Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss items from Reqular October 24. 2005 City Council Meetinq None. Mayor Trevino advised that he would be leaving the Pre-Council meeting after the presentation of the Library Design process. 2. IR 2005-149 Update on Library Desiqn Process City Council Minutes October 24, 2005 Page 2 Mr. Steve Brown, Library Director, introduced Mr. Craig Reynolds and Gary DeVries, representing Brown Reynolds Watford, and architects for the design of the new library to be located on the Hometown site at the intersection of Walker Street and Grand Avenue. Mr. Reynolds and Mr. DeVries updated the Council on the design of the library highlighting the preliminary site plan, floor plans and preliminary elevations and responded to questions from the Council. Mayor Trevino left the meeting at 6:21 p.m. and Mayor Pro Tem Welch presided over the meeting. 3. IR 2005-148 Discuss Cable Franchise and Senate Bill 5 Update Mr. Richard Abernethy, Assistant to City Manager, briefed the Council on Senate Bill 5 and its impact on the city's cable franchise. Mr. Abernethy reviewed the history of cable franchise. The passage of Senate Bill 5 eliminates local cable franchises upon their expiration and replaces them with a state-wide franchise system allowing multiple companies to provide cable and video services. Local governments will still receive a 5% franchise fee for use of their rights-of-ways and public education and government channels will still be provided. Cities will also retain their police powers over their rights- of-ways. Cable franchises will be issued and maintained through the Public Utilities Commission (PUC). Mr. Abernethy advised the new law posed the following challenges: 1) In-kind services will still be provided but with an incremental maintenance fee; 2) Complaints will be handled by the PUC and not the city; 3) Current cable providers can opt out of their current franchise agreements by January 2006 if their market penetration is less than 40%. The city's cable provider has a market penetration of 28%. Mr. Abernethy advised the formal cable renewal process the City had been participating in with the consortium of cities in Tarrant County became invalid with Senate Bill 5. Council was advised that there had been a law suit filed against Senate Bill 5 seeking to have it thrown out on the grounds that it was unconstitutional. However, the law stands while the suit is pending. There is also similar legislation pending at the Federal level. Council was advised that Staff is working to prepare for the state-wide franchise process when the City's current agreement expires in 2007. 4. Adjournment Mayor Pro Tem Welch announced at 6:38 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER City Council Minutes October 24, 2005 Page 3 Mayor Pro Tem Welch called the meeting to order October 24,2005 at 7:00 p.m. ROLL CALL Present: Tim Welch John Lewis Suzy Compton JoAnn Johnson Nancy Bielik David Whitson Mayor Pro T em Councilman Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney Absent: Oscar Trevino Jo Cox Mayor Councilwoman 2. INVOCATION Councilman Whitson gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS 1) YARD OF THE MONTH Ms. Kathy Luppy, Keep North Richland Hills Beautiful Commission Chair and Councilwoman Bielik recognized the following Yard of the Month recipients: City Council Minutes October 24, 2005 Page 4 Charles & Diana Darden, 6616 Briley; Odell & Sandra Richardson, 6716 Shauna Drive; Charles Yates, 6504 Woodcreek; Anna Peters, 7700 Terry; Karen Russell, 8512 Newman Drive; Lisa Roan, 7429 Stewart Lane; Jane Lakins, 8217 Thorncrest Court and Joe & Susan Weaver, 8640 Shadybrooke Drive 2) PROCLAMATION- BISD RED RIBBON WEEK PRESENTED TO FRANCINE LALANDE Councilwoman Compton presented a proclamation proclaiming Red Ribbon Week to Francine LaLande and students from the High on Life Program. 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE OCTOBER 10, 2005 CITY COUNCIL MEETING B. GN 2005-106 APPROVE INTERLOCAL AGREEMENT FOR THE NORTH TEXAS VIRTUAL REFERENCE LIBRARY CONSORTIUM - RESOLUTION NO. 2005-079 C. PU 2005-044 AWARD OF BID TO AUI CONTRACTORS IN THE AMOUNT OF $73,700 FOR THE CONSTRUCTION OF LINDA SPURLOCK PARK PLAYGROUND EXPANSION - RESOLUTION NO. 2005-080 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes October 24, 2005 Page 5 8. GN 2005-107 APPOINTMENT TO KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION - PLACE 4 APPROVED City Secretary Patricia Hutson advised Councilwoman Johnson was recommending the appointment of Mrs. Doris Tipps to Place 4 on the Keep North Richland Hills Beautiful Commission, term expiring June 30, 2006. COUNCILWOMAN JOHNSON MOVED TO APPROVE THE APPOINTMENT OF MRS. DORIS TIPPS TO PLACE 4, KEEP NORTH RICH LAND HILLS BEAUTIFUL COMMISSION. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 9. GN 2005-108 APPROVE STREET NAME CHANGE OF GRAPEVINE HIGHWAY TO BOULEVARD 26 - ORDINANCE NO. 2853 APPROVED Mr. John Pitstick, Director of Planning & Development, presented proposed ordinance changing the name of Grapevine Highway to Boulevard 26 throughout the limits of North Richland Hills. The new name is a result of the South Grapevine Highway Study and is supported by the Oversight Committee which had council representation from North Richland Hills and Richland Hills. The City of Richland Hills will consider an ordinance changing the name within their city on October 25. Approximately 300 letters have been sent to property owners within North Richland Hills notifying them of the proposed name change. Effective date of the street name change is January 1, 2006. There will be a one-year transition period to allow for the changing of stationary and other steps necessary to implement the address change. The Post Office will deliver mail to all properties at both the Grapevine Highway and Boulevard 26 address until January 1, 2007. In response to questions from Council, Mr. Pitstick advised that in response to the mailing of the 300 letters to the property owners, he had received no calls. Mr. Pitstick advised of the number of signs that would need to be changed and the cost of the new signs. COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2853. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes October 24, 2005 Page 6 10. GN 2005-109 APPROVE STREET NAME CHANGE OF INDUSTRIAL PARK BOULEVARD AND TECNOL BOULEVARD TO IRON HORSE BOULEVARD - ORDINANCE NO. 2854 APPROVED Mr. John Pitstick, Director of Planning & Development, presented proposed ordinance changing the name of Industrial Park Boulevard and Tecnol Boulevard to Iron Horse Boulevard. The name change is a result of the Loop 820 Corridor Study and was supported by Council with the adoption of the Study. Staff sent out 25 letters to notify the property owners along or adjacent to Industrial Park Boulevard and Tecnol Boulevard of the proposed name change. Staff did receive a couple of complaints from property owners. Effective date of the street name change is January 1 2006 and the Post Office will deliver mail to all properties at the Industrial Park Boulevard, Tecnol Boulevard and Iron Horse Boulevard address until January 1,2007. Mayor Pro Tem Welch handed out to Council a letter received from Mr. Douglas G. Mayer, DAKM Inc., 6646 Industrial Park Boulevard, opposing the renaming of Industrial Park Boulevard. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2854. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 11. GN 2005-110 DENIAL OF 2004 INTERIM RATE ADJUSTMENT PROPOSED BY ATMOS ENERGY CORPORATION- ORDINANCE NO. 2855 APPROVED Ms. Karen Bostic, Managing Director, presented proposed ordinance denying the Atmos GRIP filing and authorizing the City to participate with other cities in a Steering Committee to hire and direct legal counsel and consultants to negotiate with Atmos, to make recommendations to the City regarding the proposed GRIP Rate Increase, and to direct any administrative proceeding or litigation associated with the proposed rate increase. COUNCILWOMAN BIELlK MOVED TO APPROVE ORDINANCE No. 2855. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes October 24, 2005 Page 7 12. GN 2005-111 APPROVE CANCELLATION OF SECOND COUNCIL MEETING IN NOVEMBER AND DECEMBER APPROVED City Secretary Patricia Hutson advised the Council discussed the canceling of the November 28 and December 26 council meetings at their October 10 Pre-Council meeting. The consensus of the Council was to cancel the two meetings and if there should be unexpected business arise that cannot be handled at the remaining meetings, a special meeting would be called. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2005-111, CANCELING THE NOVEMBER 28, 2005 AND DECEMBER 26, 2005 CITY COUNCIL MEETINGS. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 13. PU 2005-045 AWARD OF BID TO DAL-EC CONSTRUCTION, LTD. IN THE AMOUNT OF $284,700.00 FOR THE RUFE SNOW DRIVE (I.H. 820 TO MID-CITIES BOULEVARD) STREET LIGHTING PROJECT APPROVED Nature of request is to award bid to Dal-EC Construction for the installation of street lights in accordance with City standards along Rufe Snow Drive between IH 820 and Mid Cities Boulevard. The project was approved as one of the 2003 CIP Bond Program projects titled "Rufe Snow Streetscaping". Because the City received only one bid for the project at the bid opening, Staff returned the un-opened bid to Dal-Ec Construction and sought additional avenues beyond what is required by state law to attract more bidders. Staff increased the bid advertisement time period, the Purchasing Department posted the project on the City's website and the Public Works Department sent letters to thirteen contractors specializing in street light installation work. At the second bid opening, Dal-EC again submitted the only bid for the project. The consulting engineers for the project have determined the lack of additional bids was a result of the following 1) electrical contractors are not usually the prime contractor of a project; 2) electrical contractors do not have barricades, signs, cones and flaggers for traffic control; 3) traffic control requirements are stringent for an electrical contractor; 4) the State's mandated storm water control requirements are unfamiliar to an electrical contractor; and 5) working on Rufe Snow Drive is dangerous for an electrical contractor. Mr. Mike Curtis, Public Works Director, was available to answer questions from Council. City Council Minutes October 24, 2005 Page 8 COUNCILMAN WHITSON MOVED TO APPROVE PU 2005-45, AWARDING THE BID TO DAL-Ec CONSTRUCTION, LTD., IN THE AMOUNT OF $284,700.00. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 14. INFORMATION AND REPORTS Councilman Lewis made the following announcements. The North Richland Hills Public Library is rated #1 in the state for cities with a population of 50,000 to 100,000, according to the 2005 Hennen's American Public Library Ratings. When all population groups are considered, the Library is the second highest rated library in the DFW area this year, falling just behind Grapevine. The annual ratings are based on several factors such as circulation, staffing, materials, reference service, library visits and funding levels. Join us on Saturday, October 29, for a "ghoulishly" good time at this year's Hoot n' Howl. This free event is scheduled from 5 to 8 p.m. at Green Valley Park, 7701 Smithfield Rd. Activities will include live entertainment, bounce houses, game booths, a "spooktacular" haunted hay ride and a costume contest. For more information, please call 817-427-6600. The North Richland Hills Animal Adoption and Rescue Center holds Pet Adoptions every Saturday from 11 a.m. to 4 p.m. at PetCo, 8004 Denton Hwy., in Watauga. For more information, please call 817-427-6570. Kudos Korner - Officer Kenneth Carr, Police Department - An e-mail was received from a North Richland Hills resident expressing appreciation to Officer Carr for finding his dog, which had been hit by a vehicle, and taking her to the vet. Without Officer Carr's compassion the dog would have died. The resident said this type of caring sets NRH apart from other cities. City Council Minutes October 24, 2005 Page 9 15. ADJOURNMENT Mayor Pro Tem Welch adjourned the meeting a I\\\\I\I~ / IIII ",\\1 ~/III ,\' .,~ '" j,. ~ ......... ~" ~~~.... .... ~ A.~';"-. ..... fP\ -&;·r ~.....% =: ~ ~ \. u. ./,~ Pát¡J.ciÉt·Hf~sôn - ,,~ity Secretary 11I11 11' ,I"" "1'/1/1111111 \1'