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HomeMy WebLinkAboutCC 2007-07-23 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 - JULY 23, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 23rd day of July, 2007 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Tim Welch Staff Members: Larry J. Cunningham Jim Starr Ogden Bo Bass Karen Bostic Patricia Hutson George Staples Mary Edwards Elizabeth Reining John Pitstick Larry Koonce Mike Curtis Vickie Lottice Jimmy Perdue Drew Corn Thomas Powell Jamie Brockway Greg VanNeiuwenhuize Kirk Marcum Absent: Scott Turnage Call to Order Mayor Mayor Pro Tem, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Interim Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Public Works Director Parks & Recreation Director Police Chief Budget Director Support Services Director Purchasing Manager Assistant Public Works Director Assistant Fire Chief Council, Place 6 Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Reqular City Council Meetinq Agenda Item F.2 - GN 2007-061 - At the request of Mayor Trevino, Mr. Pitstick discussed the effective date for the proposed Gas Well Drilling and Prevention City Council Minutes July 23, 2007 Page 2 ordinance. Mr. Pitstick advised that the Harding Company had been working for several months on a site within the City and their application is ready for submittal. They do not have a problem with the ordinance, but have requested an effective date of one week later. Staff has been working with the Harding Company and they are agreeable to an August 1 effective date. A.2 I R 2007-089 Review Calloway Creek Study Ms. Vickie Loftice, Director of Parks and Recreation, explained that the purpose of the Lakes at Calloway Creek Study was to evaluate the feasibility and costs associated with creating a lake(s) or other attractive feature within Calloway Creek between North Hills Hospital and the new Medical Office Building. Ms. Loftice clarified that the improvements to the creek are separate from the future trail currently under design. The trail project will not include any improvements to the channel. Funding for the trail is provided through Parks ~ Cent Sales Tax and an Intermodal Surface Transportation Enhancement (ISTEA) grant. Funding for improvements to Calloway Creek has not yet been allocated. The LopezGarcia Group was selected to perform the Lakes at Calloway Creek Study. Mr. Richard Albin with LopezGarcia presented a PowerPoint presentation giving an overview of the study and report. Council was shown a location map of the study area, current floodplain limits and the effect of the proposed improvements on the floodplain, existing channel conditions and concept plans of proposed channel and lake improvements. Council was advised that if the project should be approved it will take approximately 2 ~ years to complete. In response to questions from Council, Mr. Albin discussed the depth of the lakes and silt build up in the channel. After discussion by Council, the consensus was to move forward with allocating funding for the proposed improvements to Calloway Creek and to coordinate the trail system project with the improvements. A.3 IR 2007-090 Upcominq Police Department Community Meetinqs Chief Perdue advised the Police Department will be hosting a series of public meetings within each geographical district to encourage communication between the citizens and police officers. The meetings will provide information on services the Police Department provides to the community. Efforts will be made to keep the meetings focused on police matters. Any questions related to other non-police municipal services will be forwarded to appropriate departments to follow up. The meetings are not intended to be political forums, but an opportunity for the Police Department to communicate with citizens. Plans are to schedule the first three district meetings in the September to November time frame this year with the remaining meetings scheduled in early 2008. City Council Minutes July 23, 2007 Page 3 B.O EXECUTIVE SESSION - Pursuant to Section 551.071. Texas Government Code to Consult with Attorney about Pendinq Litiqation Mayor Trevino announced at 6:29 p.m. that the Council would adjourn to Executive Session as authorized by Section 551.071 of the Texas Government Code to consult with the City Attorney about the following pending litigation: a) Davis v. NRH, et al. - Civil Action No. 4:00-CV-438-Y; b) Friend v. City of North Richland Hills, et al. - No. 342- 218419-06; c) Rodgers v. City of North Richland Hills - No. 06-437021; d) MK Media, LLC and Markham Kopang v. Officer Lowery (City of Garland) and Todd Espy (City of North Richland Hills) No. 07-04200-K. C.O Adjournment Mayor Trevino announced at 6:37 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 July 23, 2007 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Tim Welch Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 7 Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson George Staples City Manager Assistant City Manager City Secretary Attorney Absent: Scott Turnage Council, Place 6 City Council Minutes July 23, 2007 Page 4 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION{S) AND RECOGNITION{S) YARD OF THE MONTH AWARDS JULY 2007 Councilman Lewis and Diane Spradling, Keep NRH Beautiful Commission member, recognized the following Yard of the Month recipients for the month of July: Gene and Cheryl Lambright, 6621 Briley Drive; Elizabeth Huski, 4708 Deville Drive; Charles & Cathy Mayberry, 6353 Skylark Circle; Henry & Lupe Sandoval, 5805 Steeplewood Drive; Sam and Malta Akins, 8600 Beetle Nut Lane; Russell & Rebecca Wolff, 6717 Hadley Drive; Frank Kossler, 8800 Thornway Drive; Richard Morton, 7801 Miracle Lane; Ricky & Cindy Addington, 7840 Waterford Lane. The recipient of the Business Landscape award was North Hills Funeral Home, 8525 Mid Cities Boulevard. A.4 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, advised that in regards to Lot 1, Block 4 Emerald Lakes, she had requested at previous citizens presentations that her questions be answered in writing and that she was still waiting. Mr. Bass, Assistant City Manager, advised of the responses the City had provided. Mr. John Hagen, 6404 Westgate Drive, advised that for the last 17 years he had been requesting that the section of Cardinal between Davis and Amundson be brought up to standard and inquired how he could get the road placed into the city budget for improvement. Mayor Trevino asked Greg VanNeiuwenhuize, Assistant Public Works Director, to meet with Mr. Hagen following Citizens Presentation and requested that Public Works Director Mike Curtis explain the capital budget process and the amount of funds spent annually for road improvements. City Council Minutes July 23, 2007 Page 5 Mr. Curtis explained how streets are identified for improvement in the Capital Improvements Budget and the source of funding for the reconstruction of streets. Mr. Curtis advised that the voters did not approve this section of Cardinal in the 2003 Bond Program and he explained why the street was not on the plan for reconstruction. Mr. Curtis advised that $800,000 is funded annually in the Street Maintenance program for the maintenance of streets and that Cardinal is one of the streets looked at and maintained under the Street Maintenance Program. A.5 REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JULY 9,2007 CITY COUNCIL MEETING B.2 GN 2007-059 APPROVE AGREEMENT WITH TARRANT COUNTY TAX ASSESSOR/COLLECTOR FOR THE COLLECTION OF CITY PROPERTY TAXES - RESOLUTION NO. 2007-048 B.3 PU 2007-033 AWARD BID NO. 07-1393 FOR THE 2007 STREET SUB-GRADE STABILIZATION PROJECT TO MCCLENDON CONSTRUCTION COMPANY IN THE AMOUNT OF $64,367.50 B.4 PU 2007-036 AWARD BID NO. 07-1394 VARIOUS CITY FACILITY INTERIOR & EXTERIOR RENOVATIONS TO FAST-TRAK CONSTRUCTION IN THE AMOUNT OF $134,483.52 COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.O PUBLIC HEARINGS There were no items for this category City Council Minutes July 23, 2007 Page 6 D.O PLANNING & DEVELOPMENT There were no items for this category. PUBLIC WORKS E.1 GN 2007-062 RECOMMEND AWARD OF BID FOR THE 31 ST YEAR CDBG PROJECT (RITA BETH STREET PAVING IMPROVEMENTS FROM GLENVIEW DRIVE SOUTH TO DEAD END) TO MCCLENDON CONSTRUCTION IN THE AMOUNT OF $248,908.00 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Council approved Rita Beth Street, from Glenview Drive south to dead end, in February 2005 for inclusion in the 31st year Community Development Block Grant (CDBG) project. Tarrant County administers the program awarding the engineering agreements and construction contracts. Because the City is a direct entitlement city for CDBG funds, Tarrant County gives the City an opportunity to recommend to the Commissioner's Court the award of the contract. Tarrant County received nine bids in January 2007 and on April 9, 2007 the Public Works Department recommended to Council the award of a Project contract to the low bidder Estrada Concrete. The recommendation was based on Estrada's low bid and interviews conducted by NRH staff and Tarrant County's engineering consultant. Prior to staff recommending the award to Estrada Concrete on April 9, staff discussed with the contractor that the City did not allow streets to be poured by hand but required the use of a paving machine. The contractor indicated that they would construct the project with a paving machine for their original bid amount. After award of the project to Estrada and during the pre-construction meeting, Estrada Concrete indicated they would need an additional $32,000 to use a paving machine for the project. The revised bid amount moved Estrada Concrete from the low bidder to fourth lowest bidder. Estrada Concrete has submitted a letter to Tarrant County requesting to be released from the contract. Tarrant County has released Estrada Concrete and Council is now being requested to recommend the award of the bid to the second lowest bidder, McClendon Construction in the amount of $248,908. There were no questions from the Council. COUNCILMAN WELCH MOVED TO APPROVE GN 2007-062, RECOMMENDING THE AWARD OF BID FOR THE 31sT YEAR CDBG PROJECT (RITA BETH STREET FROM GLENVIEW DRIVE SOUTH TO DEAD END) TO MCCLENDON CONSTRUCTION IN THE AMOUNT OF $248,908.00. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes July 23,2007 Page 7 MOTION TO APPROVE CARRIED 6-0. E.2 PU 2007-035 AWARD BID NO. 07-1388 FOR FLOW METER EQUIPMENT TO MACAULAY CONTROLS COMPANY IN THE AMOUNT OF $28,423 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. The flow monitoring equipment will allow city staff to monitor and study the impact of rain events on the City's sanitary sewer system. Council was given a brief explanation of how the equipment functions and the benefits of the equipment. Four vendors submitted bids for the equipment with the low bidder not meeting the bid specifications. The low bidder's equipment utilized Doppler technology instead of the requested Radar technology. The three remaining bids met all of city specifications and included optional equipment. The Public Works Department is recommending that the optional equipment not be purchased at this time because it exceeds the department's approved budget. Public Works is recommending the award of the bid to Macaulay Controls in the amount of $28,423.00. In response to questions from the Council, Mr. Curtis explained what was included in the optional equipment and the difference between Doppler technology and Radar technology. COUNCILMAN LEWIS MOVED TO APPROVE PU 2007-035 AWARDING BID No. 07-1388 FOR FLOW METER EQUIPMENT TO MACAULAY CONTROLS COMPANY IN THE AMOUNT OF $28,423. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. GENERAL ITEMS F.1 GN 2007-060 RENAMING SIMMONS ROAD BETWEEN MID-CITIES BOULEVARD AND GRAND AVENUE - ORDINANCE NO. 2947 APPROVED Ms. Keely Roberts, representing the Youth Advisory Committee, presented the item. The 2007 Senior Class of Birdville High School requested the City to rename the portion of Simmons Drive between Mid-Cities Boulevard and Grand Avenue to Hawk Avenue, reflecting the street's proximity to Birdville High School. The Youth Advisory Committee City Council Minutes July 23, 2007 Page 8 worked with the Senior Class on their request and recommended the change to Council. The Council referred the request to the Naming Board at June 25 Council meeting. Mayor Pro Tem Compton, Chair of the Naming Board, advised the Naming Board met on July 9 to consider the proposal and unanimously agreed to recommend the name change to Council. Ms. Elizabeth Reining, Assistant to City Manager, advised street signs reflecting the new name on the portion of Simmons between Mid-Cities Boulevard and Grand Avenue will be installed in about a month with the exception of the backlight sign on Mid-Cities. The Mid-Cities sign will take four to six months to replace. MAYOR PRO TEM COMPTON MOVED TO APPROVE GN 2007-060, APPROVING ORDINANCE No. 2947 RENAMING SIMMONS ROAD TO HAWK AVENUE BETWEEN MID-CITIES BOULEVARD AND GRAND AVENUE. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.2 GN 2007-061 CONSIDER AMENDMENT TO CHAPTER 104 GAS WELL DRILLING AND PRODUCTION - ORDINANCE NO. 2945 APPROVED Mr. John Pitstick, Director of Planning and Development, presented the item. The initial Gas Well Drilling and Production Ordinance was approved November 14, 2005. Since that time there have been significant changes in technology in gas drilling in the Barnett shale and as a result, Staff is recommending changes to the ordinance. Meetings were held to receive input from Council, Gas Board of Appeals and gas well operators and pipeline companies. Primary changes to the ordinance include: 1) requiring close loop systems exclusively; 2) increasing fees; 3) new screening standards; 4) limiting hours of operation; 5) new pipeline regulations; 6) exempting distance setbacks in city parks; 7) increasing setbacks from drill sites for new construction; 8) requiring concrete access roads; 9) drilling in floodway with FEMA approval; 10) allowing compressors and compressor sites with approval from the Gas Board of Appeals; 11) allowing gas operators and pipeline companies to provide proper security and documentation for self insurance. Staff is recommending approval of the ordinance with an effective date of August 1, 2007, which will allow a current gas drilling operator in the process of obtaining his permit from being negatively impacted. COUNCILMAN SAPP MOVED TO APPROVE GN 2007-061, APPROVING ORDINANCE No. 2945 REVISIONS TO CHAPTER 104 GAS DRILLING AND PRODUCTION, WITH AN EFFECTIVE DATE OF AUGUST 1, 2007. COUNCILMAN BARTH SECONDED THE MOTION. City Council Minutes July 23, 2007 Page 9 MOTION TO APPROVE CARRIED 6-0. F.3 PU 2007-034 AWARD BID NO. 07-1395 FIRE STATION 2 & 3 APPARATUS BAY PAINTING PROJECT TO KUROSKY & COMPANY PAINTING CONTRACTORS IN THE AMOUNT OF $64,861 AND AWARD BID ALTERNATES 1 & 2 FOR RE-PAINTING THE APPARATUS BAY FLOORS AT FIRE STATIONS 1 & 4 TO RBI CORPORATION IN THE AMOUNT OF $39,411.13 APPROVED Mr. Thomas Powell, Support Services Director, presented the item. The scope of the project consists of a base bid and alternates. The base bid is for the painting of the apparatus bays at Fire Stations 2 & 3 as approved in the 2006/07 Capital Improvements Budget. The project will include painting of the ceilings, walls, interior of all overhead doors, and the apparatus bay floors. Four bids were received from vendors with Kurosky and Company Painting Contractors submitting the lowest acceptable bid for the base project in the amount of $64,861. The bid also included alternates for the repainting of the apparatus bay floors at Fire Stations 1 & 4. Shortly after the completion of the new stations, it was brought to the attention of the contractor that the paint on the apparatus bay floors was blistering and peeling. Before the issue could be resolved the contractor filed bankruptcy. The City Attorney has been working with the Bonding Company to resolve the issue. The Bonding Company has requested bids for repainting of both bay floors. The City subsequently requested bids for the repainting during the bid process for the painting of the bays at Fire Stations 2 and 3. The alternate bids received were good bids and Staff is recommending the award of the bid alternates for the repainting to resolve the issue with the bay floors peeling and allowing the original construction project to be closed. The City Attorney will continue to negotiate for the reimbursement of the cost with the Bonding Company. RBI Corporation is the low bidder for Alternates 1 and 2 in the amount of $39,411.13. Staff's recommendation is to award the bid for Fire Stations 2 & 3 Apparatus Bay Painting Project to Kurosky & Company Painting Contractors in the amount of $64,861.00 and award bid alternates for re-painting the apparatus bay floors at Stations 1 and 4 to RBI Corporation. COUNCILMAN LEWIS MOVED TO APPROVE PU 2007-034, AWARDING BID No. 07-1395 FIRE STATIONS 2 AND 3 ApPARATUS BAY PAINTING PROJECT TO KUROSKY & COMPANY PAINTING CONTRACTORS IN THE AMOUNT OF $64,861.00 AND AWARD BID ALTERNATES 1 & 2 FOR REPAINTING THE APPARATUS BAY FLOORS AT FIRE STATIONS 1 & 4 TO RBI CORPORATION IN THE AMOUNT OF $39,411.13. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes July 23, 2007 Page 10 MOTION TO APPROVE CARRIED 6-0. F.4 GN 2007-063 AMEND ARTICLE X OF CHAPTER 54 OF THE CODE OF ORDINANCES - AUTOMATED TRAFFIC SIGNAL CONTROL TO CONFORM TO THE REQUIREMENTS OF CHAPTER 707 OF THE TEXAS LEGISLATURE 80TH SESSION, SB1119 - ORDINANCE NO. 2946 APPROVED Police Chief Jimmy Perdue presented the item. Council approved in November 2006 an Automated Traffic Enforcement Program. With the passage of SB 1119, the City's ordinance must be modified to remain in compliance with the requirements of State law. Highlights of SB 1119 included: · Requiring Council to appoint the person responsible for hearing appeals to red light camera violations. The next agenda item addresses this requirement. · Requires fifty percent of net revenues from civil penalties collected be sent to the comptroller for deposit in the regional trauma account established under Section 782.002 of the Health and Safety Code. · Requires traffic engineering study and data collection before the installation and the submission of a report of accident following implementation. · Prohibits sending unpaid violator information to a credit bureau. · Allows for the Texas Department of Transportation to refuse to register vehicle for nonpayment of fine. · Requires the municipality set the yellow signal at a minimal change interval in accordance with the Texas Manual of Uniform Traffic Control Devices. · Requires the creation of a citizen advisory committee to advise the local authority on the installation and operation of a photographic traffic signal enforcement program. In response to questions, Chief Perdue further explained the enforcement provisions and the location of the cameras and signage. COUNCILMAN BARTH MOVED TO APPROVE GN 207-063, ORDINANCE No. 2946. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.5 City Council Minutes July 23, 2007 Page 11 GN 2007-064 APPROVE APPOINTMENT OF AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM HEARING OFFICER, MS. CHERYL DEAN APPROVED Police Chief Jimmy Perdue presented the item. The passage of SB 1119 requires the Council to approve the appointment of a hearing officer to hear appeals to red light camera violations. The position was advertised by the City and after a thorough interview process, Ms. Cheryl Dean is recommended for appointment as the hearing officer. Chief Perdue advised Council of a typographical correction that had been made to the Independent Contractor Agreement. COUNCILMAN WELCH MOVED TO APPROVE GN 2007-064, APPROVING THE APPOINTMENT OF Ms. CHERYL DEAN AS THE HEARING OFFICER FOR PHOTO ENFORCED RED LIGHT VIOLATIONS. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.6 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. F.7 INFORMATION AND REPORTS Councilman Welch made the following announcements. Dive-in Movies continue for two more Friday nights at NRH20. Join us on July 27th for "Barnyard" and August 3rd for "Jaws." Dive-in Movies are free with paid admission to the park. For more details, please call 817-427-6500. The North Richland Hills Fire Department is offering a CPR class from 6 to 10 p.m. on Thursday, July 26th. The class will be held in the Fire Administration Training Room at 7202 Dick Fisher Dr. The cost is $25. To register or get more information, please call 817 -427 -6900. The City of North Richland Hills conducts a test of the 10 outdoor emergency warning sirens on the 1 st Wednesday of each month. The next test is scheduled for 1 p.m. on August 1 st. The test will not be performed if threatening weather is near or there is low cloud cover. For more information, please call 817-427-6900. City Council Minutes July 23, 2007 Page 12 Kudos Korner - Staff, Utility Billing/Finance Department. A card was received from a long-time resident thanking the entire staff for the exceptional service that she has received for over 50 years. Any questions or problems that she asked were always answered or handled quickly and with professionalism. She stated that other public agencies would do well to take note from these City employees. F.7 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:02 p.m ;.¡.X",\\\\\\\UIIì!ll1l1f· ø"",ø \ C H l illl!!}!!,I'!. #" ,). '?-.····..·....·:·~11 "~ ~....""':..... ···..6 ~ "'" .,. ......1: § Cè-./ n .....~.~ § O! \..... ~ := ..",,' :, j' 0; c...' r :- '" : :r ~ : :,~ ;:'.U-: ,v,~ ~q.~.çST: h .l....~.i¡ ~~.. "j?,g ç¿~ Patricia Hutson, City Secretary