Loading...
HomeMy WebLinkAboutCC 2008-10-13 MinutesMINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, WORK SESSION HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -OCTOBER 13, 2008 The City Council of the City of North Richland Hills, Texas met in work session on the 13th day of October, 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Mayor Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Staff Members Call to Order Larry J. Cunningham Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Patricia Hutson George Staples Mary Peters Elizabeth Reining John Pitstick Larry Koonce Greg VanNieuwenhuize Vickie Loftice Bill Thornton Andy Kancel JoAnn Stout Eric Wilhite Sean Hughes Chun Mezger City Manager Assistant City Manager Assistant City Manager Assistant City Manager Managing Director City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Assistant Public Works Director Parks & Recreation Director Assistant Parks & Recreation Director Assistant Police Chief Director of Neighborhood Services Chief Planner Emergency Management Coordinator Animal Center Supervisor Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting City Council Minutes October 13, 2008 Page 2 Agenda Item F-2, GN 2008-096 -Mayor Trevino questioned what would happen should the City not have an arborist. Mr. Cunningham advised that in the event an arborist was not on staff, the City would contract for a qualified arborist. A.2 IR 2008-112 Public Art Design for the Grand Ave Park Plaza Ms. Vickie Loftice, Director of Parks and Recreation, updated Council on the public art piece to be located within the Grand Avenue Park Plaza. Council was presented with a model of the public art design. The piece entitled "Weather" is a triangular glass tower that will be approximately 20 feet tall and will be illuminated from within. The piece will be fabricated in Germany and will be engineered and stamped by a registered engineer in the State of Texas. A structural aluminum frame will hold the glass together. Council was advised the blue represented raindrops, the purple represented lightening and the red-brown color represented the earth. A telephone conference call was made to Ms. Barbara Grygutis, the artist, so that she could explain to Council how she arrived at the design and to further explain the art piece and answer questions from the Council. In response to Council questions, Ms. Grygutis explained how the piece would be assembled and advised of the approximate bottom and top dimensions. Council advised they would like to have a plaque that will explain to the public the art piece and the design. In response to Council questions, Staff advised they anticipated placing the lighting of the piece on a timer and explained how the bulbs would be changed. All of the Council members approved of the design and were in favor of proceeding with the artwork. A.3 IR 2008-111 Discuss Cities Aggregation Power Project Lona Term Power Contract Ms. Karen Bostic, Assistant City Manager, recapped the history and objective of the Cities Aggregation Power Project ("CAPP"). Council was advised that CAPP has entered into a Purchase Power Agreement (PPA) with Luminant Generation Company LLC, Big Brown Power Company, LLC and Oak Grove Management Company, LLC for approximately 150 MW of base load power from seven different units over a 24-year period. Ms. Bostic explained the rationale for along-term power contract and the advantages and risks to participating in the PPA. CAPP has entered into the contract on behalf of all CAPP members and South Texas Aggregation Project members that are willing to be allocated a portion of approximately 150 MW of Power. The portion of the 150 MW allocated to each city will be based on the members' percentage of energy needs compared to the overall energy needs of participating cities. The PPA will cover about 60 percent of the cities power needs and the remaining 40 percent of power needs will be covered by a "wrap" contract. CAPP will issue bonds to pre-pay the capacity portion (three-fifths) of the total contract price of the PPA. The participating cities will enter a Member Contract with CAPP that pledges taxing authority to fulfill the debt service obligation. The monthly amount paid for electricity will include a debt City Council Minutes October 13, 2008 Page 3 service payment as well as an energy consumption component. When compared to estimated market prices, it is estimated that North Richland Hills would save $191,824 in 2009 from participating in the PPA. The deadline for approval has been extended to December 17, 2008. CAPP members opting not to participate in the PPA will be provided power through the "wrap" agreement. Council was asked to give direction on the following questions: • Is Council comfortable dedicating approximately $4 million in debt service to this project? • Is Council willing to go forward with this project with no guarantees of savings beyond 2009? • Is it acceptable to Council that the plants generating the power use lignite when the trend is toward more renewable energy sources? • Does Council want to be on the cutting edge of a project like this? • Does Council think the benefits of participating in this project outweigh the risk? • Does Council want to participate in this project? The Council discussed their thoughts on each one of the questions posed by Staff. After considerable discussion, Council expressed an interest in the PPA, but agreed they were not ready to make a decision. The Council agreed for the item to be placed on an upcoming work session for further discussion with action planned for the December Council meeting. A.4 IR 2008-110 Presentation on New City ID Cards Mr. Sean Hughes, Emergency Management Coordinator, presented to the Council samples of updated City ID cards. The City is standardizing employee identification/ access cards to more clearly define staff and volunteers and implementing a policy on the wearing and display of the cards. The cards will be issued to all city employees and other individuals such as council members, volunteers, vendors and visitors. The cards are to be prominently displayed and visible at all times while in the workplace or on city business. RECESS TO REGULAR SESSION Mayor Trevino recessed the work session at 6:54 p.m. and announced that Council would convene into Regular Session and would return after Regular Session to discuss the Executive Session item. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code City Council Minutes October 13, 2008 Page 4 B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney to Consider Settlement Offer from Superior Gunite Council convened in Executive Session following the regular council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order October 13, 2008 at 7:04 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Council Place 6 Staff: Larry J. Cunningham Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager Assistant City Manager Managing Director City Secretary Attorney A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE City Council Minutes October 13, 2008 Page 5 Councilman Sapp led the pledge of allegiance. Mayor Pro Tem Turnage recognized Boy Scout Troop 321 from Smithfield United Methodist Church, who are working on their Citizenship and Community Merit Badge. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) PROCLAMATION 2008 RED RIBBON WEEK Councilwoman Compton presented to High on Life Students from Richland High School a proclamation for 2008 Red Ribbon Week. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) THE KEEP NRH BEAUTIFUL LITTER NOT ADOPT-A-SPOT PROGRAM AND VOLUNTEERS Councilman Lewis and Ms. Kathy Luppy, Keep NRH Beautiful Commission Chair, recognized the following Adopt-a-Spot volunteers and representatives: Adopt-A-Spot Volunteers Representative Birdville High School National Honor Society Terri Wilson, Sponsor Birdville High Student Council Lisa King, Sponsor Jennifer Cox-Seals Foster Village Elementary Girl Scout Troop 1249 Green Valley Elementary North Hills Funeral Home North Ridge Elementary Mrs. Luppy's 5th Grade Class Jessica Sandoval/Shera Valamides Dorothy Calvery Jed Carleton, Principal Andrew Totz, Owner Kathy Luppy North Ridge Middle School National Jr Honor Society Janet DeHoogh City Council Minutes October 13, 2008 Page 6 Richfield Homeowners Association Smithfield Middle School Students with a Purpose Cindy Ballas Bill Monty Gary & Sonja Starnes The Academy at Carrie F. Thomas ACFT Dual-language Classes Beth Hyland Walker Creek Elementary Wal-Mart North Tarrant Parkway Robert & Santiaga Willoughby Jenny Bumgardner Vincent Lara A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 22, 2008 CITY COUNCIL MEETING B.2 RP 2008-03 CONSIDERATION OF A REQUEST FROM THE GLORY CHINESE BAPTIST CHURCH TO APPROVE A REPEAT OF LOTS 1 AND 2, BLOCK C, COLLEGE HILLS ADDITION (LOCATED IN THE 6100 BLOCK OF HOLIDAY LANE - 8.8379 ACRES) B.3 RP 2008-10 CONSIDERATION OF A REQUEST FROM C.W. ROGERS REAL ESTATE INVESTMENTS TO APPROVE A REPEAT OF LOT 1-R, BLOCK 1, TOWN & COUNTRY ESTATES ADDITION (LOCATED AT 8409 BEDFORD- EULESS ROAD - 0.78 ACRES) City Council Minutes October 13, 2008 Page 7 B.4 PU 2008-029 AUTHORIZE PAYMENT TO MOTOROLA FOR RADIO MAINTENANCE AGREEMENT COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PUBLIC HEARINGS C.1 ZC 2008-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM VICTOR NOBLE AND BARRY WALLING TO APPROVE A ZONING CHANGE FROM R-3 TO R2 (0.894 AC); AG TO R-2 (0.784 AC); AND C-1 TO R-2 (1.943 AC) (LOCATED IN THE 8200 BLOCK OF SAYERS LANE) - ORDINANCE NO. 3023 APPROVED Mayor Trevino opened the Public Hearing. Request is to consider a zoning change on three parcels. Applicant is requesting to rezone Parcel 1 from R-3 to R-2 Single Family, Parcel 2 from AG to R-2 and Parcel 3 from AG to R-2. Plans are to subdivide Parcels 1 and 2 into two lots each and Parcel 3 will be platted as one large lot. The next agenda item plats the three parcels as lots. Mr. Barry Walling, applicant, advised of his and Mr. Noble's plans for the three parcels and was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, summarized the request and advised the Planning and Zoning Commission recommended approval. Mayor Trevino questioned if the citizens who expressed concerns at the Planning and Zoning Commission appeared to have been satisfied. Mayor Trevino called for anyone wishing to speak in favor of or in opposition to the request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN SAPP MOVED TO APPROVE ZC 2008-06, ORDINANCE NO. 3023. COUNCILMAN EARTH SECONDED THE MOTION. City Council Minutes October 13, 2008 Page 8 MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT D.1 FP 2008-04 CONSIDERATION OF A REQUEST FROM VICTOR NOBLE AND BARRY WALLING TO APPROVE A FINAL PLAT OF LOTS 9-13, BLOCK 3, WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS LANE- 3.621 ACRES) APPROVED Applicants are requesting to final plat 3.61 acres into five residential lots. Lots 9 and 10 will frontage on Sayers Lane and Lots 11 and 12 will have access to Forrest Lane. Lot 13 does not have direct street frontage but will have access to Forrest Lane through a dedicated access easement from the Forrest Lane right of-way across Lot 12. Mr. Barry Walling, applicant, came forward and was available to answer questions from the Council. Mr. Eric Wilhite summarized the case and presented the Planning & Zoning Commission's recommendation for approval. In response to a question from Council, Mr. Wilhite verified that the water line would be connected from Forrest Lane to Sayers Lane. COUNCILMAN LEWIS MOVED TO APPROVE FP 2008-04. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PLANNING & DEVELOPMENT D.2 FP 2007-08 CONSIDERATION OF A REQUEST FROM CARY CLARKE HOMES TO APPROVE A FINAL PLAT OF 33 LOTS IN THE HIGHLAND PARK ADDITION (LOCATED IN THE 9200 BLOCK OF AMUNDSON DRIVE - 6.717 ACRES) APPROVED Mayor Trevino announced that Councilman Welch was the engineer on record for the project and would be abstaining from discussion and vote. City Council Minutes October 13, 2008 Page 9 An affidavit of disqualification has been completed by Councilman Welch and filed with the City Secretary stating the nature of the interest was Engineer of Record on this project. Request is to consider approval of a final plat on a Residential Infill Planned Development and office project consisting of 33 lots in a 6.717 acre subdivision. Four lots represent the office zoning, 21 lots are single family residential, seven lots are for open space and street enhancement areas and one lot is shown as a private street right-of-way. The plat is consistent with RI-PD site plan. The primary entrance to the development will be off Amundson Drive and a secondary emergency access into the subdivision will be from the office park. The secondary access point is across the proposed office lots over to Precinct Line Road and will be for emergency access only and for mutual access for the office lots. Mr. Cary Clarke, applicant, presented request and was available to answer questions from Council. Mr. Eric Wilhite, Chief Planner, summarized the request and presented the Planning & Zoning Commission's recommendation for approval. COUNCILMAN WHITSON MOVED TO APPROVE FP 2007-08. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED G-0; COUNCILMAN WELCH ABSTAINING. GENERALITEMS F.1 GN 2008-099 APPOINTMENTS TO KEEP NRH BEAUTIFUL COMMISSION - PLACE 1 & ALTERNATE APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Councilman Lewis is recommending the appointment of Ms. Dianna Spradling, currently serving as alternate, to Place 1 on the Keep NRH Beautiful Commission, term to expire June 30, 2009. Mayor Trevino is recommending the appointment of Mr. Justin Welborn to the Alternate position, term to expire June 30, 2010. COUNCILMAN LEWIS MOVED TO APPROVE THE APPOINTMENT OF DIANNA SPRADLING TO PLACE 1 AND THE APPOINTMENT OF JUSTIN WELBORN AS ALTERNATE ON THE KEEP NRH BEAUTIFUL COMMISSION. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. City Council Minutes October 13, 2008 Page 10 F.2 GN 2008-096 ADDING A NEW SUBSECTION 34-33(27) DECLARING DEAD TREES TO BE A PUBLIC NUISANCE -ORDINANCE NO. 3021 APPROVED Ms. JoAnn Stout, Director of Neighborhood Services presented the item. The proposed ordinance will declare dead trees as a public nuisance if in the opinion of the City Arborist a dead tree poses an immediate risk to persons or property. The ordinance also provides for the ability to enforce cutting limbs which endanger persons or property The owner of the tree will be responsible for removing or cutting the limbs back so as not to damage his/her home or the adjacent neighbor's property. Council was advised that if the position of the City Arborist were vacant, the City would contract with a registered licensed arborist. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2008-096, ORDINANCE No. 3021. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.3 GN 2008-097 AMENDING CHAPTER 14 ARTICLE XII TO RESTRICT THE TETHERING OF DOGS -ORDINANCE NO. 3022 APPROVED Ms. Chun Mezger, Animal Services Supervisor, presented the item. The proposed ordinance will prohibit the tethering of a dog except for particular situations stated in the ordinance. Exceptions include tethering during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or if required to protect the safety or welfare of a person or the dog if the dog's owner or handler remains with the dog throughout the period of restraint. The proposed ordinance was presented to the Animal Shelter Advisory Board and they unanimously recommended the change. COUNCILMAN LEWIS MOVED TO APPROVE GN 2008-97, ORDINANGE NO. 3022. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.4 GN 2008-098 2007/2008 BRYNE JUSTICE ASSISTANCE GRANT PROGRAM AWARD INTERLOCAL AGREEMENT -RESOLUTION NO. 2008-053 APPROVED City Council Minutes October 13, 2008 Page 11 Assistant Police Chief Andy Kancel presented the item. The approval of Resolution No. 2008-053 will authorize the continued participation in the Bryne Justice Assistance Grant Program (JAG). The program provides for the funding of law enforcement programs. The City of North Richland Hills will receive $15,170 and there is no cash match requirement under the terms of the program. The City of Fort Worth is the recipient of the grant and North Richland Hills is asub-recipient. The NRH Police Department uses the grant to assist in paying the salary of the Narcotics Investigator currently assigned to the Tarrant County Narcotics Unit. MAYOR PRO TEM COMPTON MOVED TO APPROVE GN 2008-098, RESOLUTION NO. 2008-©53. COUNCILMAN WHITSON SECONDED THE MOTION, MOTION TO APPROVE CARRIED 7-O. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino advised that Executive Session was not held during the work session due to time constraints and that Council will convene in Executive Session following the regular Council meeting. If any action is needed following Executive Session, action will be taken in the Council Workroom in open meeting and then the Council meeting would be adjourned. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. The League of Women Voters will host a candidate forum at 7 p.m. on October 16th in the Community Room at the North Richland Hills Public Library. Candidates for U.S. House of Representatives, Texas House of Representatives and County Commissioner have been invited to attend. For more information, please call 817-472-5982. North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will play their first home game of the 2008-2009 season on October 18th at City Council Minutes October 13, 2008 Page 12 the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit www.brahmas.com or call 817- 336-4423. The City of North Richland Hills is conducting a food drive through October 21st to help restock the Community Enrichment Center's Food Pantry. Donations of canned goods and other non-perishable foods can be made at NRH City Hall, Fire Stations, Senior Centers, Recreation Center and Library. A list of the most needed items is available on the City's web site at www.nrhtx.com. Bring your little ghosts and goblins out for an evening of fun at the 5th Annual Hoot n' Howl. This event will be held from 5 p.m. to 8 p.m. on Saturday, October 25th at Green Valley Park, 7701 Smithfield Road. Hoot n' Howl activities include free carnival games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more information, please call 817-427-6600. Kudos Korner -Chad VanSteenberg, Planning & Development Department. A resident recently e-mailed to thank Chad for helping him find answers to questions about a subdivision. He said Chad was very knowledgeable, informative and helpful and he appreciated the time he took to research this issue. The resident also said the clerks in the Planning Office were professional and pleasant to work with and all should be recognized for a job well done. H.2 ADJOURNMENT TO EXECUTIVE SESSION Mayor Trevino announced at 7:58 p.m. that Council would convene into Executive Session in the Council Workroom. Any action needed as a result of Executive Session will be taken following the Executive Session in the Council Work Room and the Council meeting will be adjourned in the Council Work Room. EXECUTIVE SESSION B.0 EXECUTIVE SESSION -The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551 Texas Government Code 6.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney to Consider Settlement Offer from Superior Gunite Mayor Trevino convened an open meeting in the Council Work room and announced at 8:09 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: City Council Minutes October 13, 2008 Page 13 • Section 551.072 for consultation with Attorney to consider settlement offer from Superior Gunite. ADJOURNMENT Mayor Trevino adjourned the Executive Session at 8:24 p.m. and reconvened the regular session. Mayor Trevino announced ther was no action required from Executive Session and the meeting was adjourned~8:24 p.m~ H C I ``f _ \~ of n jt9r. AT~T: ~ ~ ~o h y ~~ ~ ~~Ny ~ Patricia ity Secretary Oscar Trevino -Mayor