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HomeMy WebLinkAboutCC 2008-09-22 MinutesMINUTES 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 22, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 22"d day of September, 2008 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor (present at 5:47 p. m.) Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager (present at 5:33 p.m.) Jared Miller Assistant City Manager (present at 5:44 p.m.) Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager (present at 5:44 p.m.) Mike Curtis Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Kirk Marcum Assistant Fire Chief/Fire Marshal Dave Pendley Building Inspector Vickie Loftice Park and Recreation Director Sharon Davis Assistant Parks and Recreation Director Eric Wilhite Chief Planner Angel Bellard Utility Service Manager Chad Hulse Economic Development Director Call to Order Mayor Pro Tem Turnage called the work session to order at 5:31 p.m. and announced that the Mayor would be late. A.1 Discuss Items from Regular City Council Meeting City Council Minutes September 22, 2008 Page 2 of 13 None. A.2 IR 2008-102 Update on Gas Drilling Activities and Proposed Gas Drilling Ordinance Amendments (15 Minutes) Larry J. Cunningham, City Manager present at 5:33 p.m. John Pitstick, Planning and Development Director presented a PowerPoint presentation updating the Council on gas drilling activities and proposed gas drilling ordinance amendments. Jared Miller, Assistant City Manager and Jimmy Perdue, Assistant City Manager present at 5:44 p.m. Drilling Activity Update: • City of North Richland Hills currently has three permitted well sites including Graham, Morrow-Stevens and Birdville. • Two sites that will be going through approval processes in the near future including Tarrant County College and Little Bear Creek Park. • There is a good likelihood that North Richland Hills could permit five or more additional well sites with multiple wells on each site. Mayor Trevino present at 5:47 p.m. Ordinance -Timing Requirements: The purpose of the proposed revisions is to tighten up requirements for the permit timing and notification of surrounding property owners. Currently once a permit has been issued by the City for drilling, new homes and commercial buildings can be built between 150 feet and 600 feet of a gas well without updated notification. Since it could be many months from the time a permit has been issued and drilling begins, it is possible for someone to build a new home within 600 feet of a future gas well and not know that a gas well has already been permitted and approved prior to the new home being built. Recommended Ordinance Amendments: • Clarifying that gas companies will only be allowed one extension from the original 90 day permit time period. The one time extension would provide a maximum of 180 days before drilling must begin. All drilling beginning after 180 days of the original drilling permit will require Gas Board of Appeals approval with full notification of all property owners within 600 feet. City Council Minutes September 22, 2008 Page 3 of 13 Requiring a "Gas Well Vicinity Notice" to be filed at Tarrant County by the gas company at the time of the drilling permit to notify any current and future owners of property within 600 feet of a proposed gas well. The "gas well vicinity notice" be attached to all future building permits and a note on all future subdivision plats for any properties within 600 feet of a gas well. After discussion and questions from the Council, the consensus was to move forward with changes to the ordinance and to bring the ordinance back to Council for final consideration. Mayor Trevino assumed chair of the meeting. Mayor Trevino asked that Dr. Stephen Waddell, Deloris Webb, Joe Tolbert, and Richard Davis, Birdville Independent School District Superindendent and Board Members, to join Council at the Council table for the next item. A.3 IR 2008-106 TIF 1 Expansion Update (10 Minutes) Larry Koonce, Finance Director presented a PowerPoint presentation. Mr. Koonce provided an update on the progress and history of TIF 1. The management and staff are working to accomplish the legal expansion of TIF 1 prior to December 31, 2008. Mr. Koonce reviewed the benefits of expansion and activity the past year. The City has been soliciting cooperation with BISD and County officials to expand the TIF to include new boundaries along Boulevard 26. Mr. Koonce reviewed the original expansion proposal and advised that when the original expansion proposal was reviewed with the Tarrant County officials, the County encouraged the City to increase the expansion size and time. At the mid-year budget work session the expansion was discussed and the consensus of the Council was to increase the original plan expansion property area from 211 to 392 acres, increasing the potential growth of property values from $12 million to over $30 million in ten years. The increased property values increase the capacity of public improvements from $2 million to $3.5 million. The plan Council concurred with at the mid-year budget work session would expand TIF boundaries to include all commercial properties in the Boulevard 26 corridor from the southern City limits to Loop 820, with the exception of North Hills Hospital and Calloway Creek property. The City's Bond Attorneys have advised that the timeframe of the TIF cannot be expanded beyond its original ten year length. Dr. Quentin Burnett, BISD Associate Superintendent, present at 5:59 p.m. and joined Council and other BISD officials at the table. Projects which Council reached consensus at Mid-year Budget Work Session were: 1. Burying above ground utilities approximately 1.25 miles on one side of Boulevard 26. City Council Minutes September 22, 2008 Page 4 of 13 2. Glenview/Boulevard 26 and Rufe Snow/Boulevard 26 Intersection improvements. City staff is working together with Bond Counsel, Financial Advisors, the taxing entities and TIF 1 Board to get this done. Staff's plan includes the following: 1. Meet with representatives of the taxing entities to present the updated plan in September. 2. Present the Expansion and seek approval at the TIF Board meeting in October. This will be done in conjunction with the annual TIF Board meetings to be scheduled in October. 3. City Council Public Hearing and approval of Ordinance in November. 4. Schedule the agreements on board/commissioner meetings to be approved by the Taxing entities. BISD's willingness to continue with the TIF and support the new projects with their existing tax revenues is mandatory for the expansion to succeed. Without BISD's participation cash flows will not be sufficient to fund the new projects. 5. Include the TIF 1 Projects in the 2009 Bond Sale. 6. Hire a professional to help coordinate the burying of utilities with Oncor. Mayor Trevino advised that Mr. David Medanich, First Southwest, financial advisors for the City, was present. Mr. Medanich explained BISD's participation in the expansion and how the School District is affected. There was discussion on the value of continuing to invest in the area south of 820 and the importance of BISD participating in the expansion efforts. School Board President Webb explained the cost to the school district to remain in the TIF and advised that the School Board would discuss the expansion at their next board meeting and weigh the costs and benefits to the District. The BISD Officials left the meeting at 6:25 p.m. A.4 IR 2008-105 Discussion of Proposed Light Pole Banner Pilot Program (15 Minutes Mike Curtis, Managing Director presented the item. Representatives from the Brahmas' Hockey team have approached the City requesting permission to display "Team" banners from selected city street light poles. The street light poles are currently used for "Holiday/Seasonal" and NRHZO banners. The current sign ordinance and sign policies in place do not allow anyone except the city to hang banners from street light poles located within public rights-of-way. City restricts such banners to only 3 or 4 different types. The different types fall under the categories of "Holiday/Seasonal", NRH2O and Air Quality. The Brahmas' season begins in mid-October and they are requesting permission to display the team banners at the beginning of their season. Because of the time involved City Council Minutes September 22, 2008 Page 5 of 13 to work out installation, scheduling, types of banners to be allowed and many other issues, staff is recommending a Banner Pilot Program. Banner Pilot Program would include: • The Brahmas team banners will only be displayed for 60 to 70 days during their season. • The new banners will not interfere with the current holiday banner schedule. • The new banners would generally be located along selected locations of Mid- Cities Boulevard, Rufe Snow Drive and possibly along North Tarrant Parkway. • Currently about 20 to 30 banners are being proposed for the pilot program. • Proof of liability insurance will be provided by NYTEX Sports Center (NYTEX). • All installation and printing cost will be paid by NYTEX. After discussion and questions from the Council, the consensus was in favor of the banner pilot program and for staff to also consider BISD school spirit banners for game nights. A.5 IR 2008-103 Update on Water Wise Program (10 Minutes) Angel Bellard, Utility Service Manager updated Council on the Water Wise Program. The "Water Wise" program is a public education program that was designed to teach fifth grade BISD students and their families hands on product installation of water efficiency devices and build the students' knowledge of environmental issues. The "Water Wise" program was entered under the umbrella of Tarrant Regional Water District (TRWD), and as a result, received discounted pricing. TRWD paid for 50% of the total program cost. The recipients of the FY 07-08 program included a total of 456 students and ten (10) teachers from the following schools: Academy at Carrie F. Thomas Alliene Mullendore Elementary School Foster Village Elementary School Holiday Heights Elementary School Smithfield Elementary School Snow Heights Elementary School Survey results from the summary report revealed that 100% of the teachers indicated they would conduct the program again given the opportunity, and 100% would recommend the program to other colleagues. Parents' responses were also positive. The City will be sponsoring the program again in FY 08-09 in partnership with TRWD. There were no questions from Council. City Council Minutes September 22, 2008 Page 6 of 13 A.6 IR 2008-104 Update on the 2008 Night of Holiday Magic (10 Minutes) Vickie Loftice, Director of Parks and Recreation Department thanked Council for their continued support for the Night of Holiday Magic event. Ms. Loftice introduced Sharon Davis, Parks and Recreation Assistant Director to present the item. Ms. Davis briefed Council on new changes for 2008 Night of Holiday Magic. The North Richland Hills Night of Holiday Magic event will be relocated to NRH2O Family Water Park. While the event enjoyed tremendous success at the Mid Cities Municipal Complex, the construction of the BISD Technology Center will eliminate event parking. The NRHZO Family Water Park's parking lot will be transformed into a wonderland of lights and activities including the 40 feet Christmas tree, a light tunnel, children's village, food vendors and community stage entertainment. The holiday scenes, Holiday Market and visits with Santa will be located inside the grounds of NRH2O providing for extended days throughout the week. The additional week of extended holiday magic will give the community many opportunities to enjoy the holiday scenes, photos with Santa, caroling and other holiday festivities. Parking will be available at Tarrant County College for the main event on Saturday, December 6tn RECESS TO REGULAR SESSION Mayor Trevino recessed the work session at 6:56 p.m. and announced that Council would convene into Regular Session and would return after Regular Session to discuss Executive Session items. 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 B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation: 1) Davis vs. NRH; 2) EEOC vs. NRH• 3) Friend vs NRH• 4) Rodgers vs. NRH; 5) Clark vs. NRH B.2 Executive Session: Deliberation Re arding Economic Development Negotiations as Authorized by Section 551.087 -Central and South areas of the City Council convened in Executive Session following the regular council meeting. REGULAR COUNCIL MEETING City Council Minutes September 22, 2008 Page 7 of 13 A.0 CALL TO ORDER Mayor Trevino called the meeting to order September 22, 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 Staff: Larry J. Cunningham Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Patricia Hutson Monica Solko George Staples 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 City Manager Assistant City Manager Assistant City Manager Assistant City Manager Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Mayor Pro Tem Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) City Council Minutes September 22, 2008 Page 8 of 13 No items for this category. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF THE AUGUST 1-2, 2008 BUDGET WORK SESSION B.2 APPROVAL OF MINUTES OF SEPTEMBER 2, 2008 SPECIAL CITY COUNCIL MEETING B.3 APPROVAL OF MINUTES OF THE SEPTEMBER 8, 2008 CITY COUNCIL MEETING COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 TR 2008-02 PUBLIC HEARING AND CONSIDERATION OF AN AMENDMENT TO THE NORTH RICHLAND HILLS ZONING ORDINANCE. PROPOSED AMENDMENTS TO SECTION 118-631 "TABLE OF PERMITTED USES" INCLUDE A "PET LODGING" CATEGORY AND REMOVAL OF THE "S" DESIGNATION FOR "ASSISTED LIVING CENTER" IN RESIDENTIAL DISTRICTS. PROPOSED AMENDMENTS TO SECTION 118-1 "DEFINITIONS" INCLUDE A DEFINITION FOR City Council Minutes September 22, 2008 Page 9 of 13 "PET LODGING" AS WELL AS AN UPDATED DEFINITION FOR "KENNEL" - ORDINANCE NO. 3020 APPROVED Mayor Trevino opened the public hearing and called on Eric Wilhite to come forward. Eric Wilhite, Chief Planner summarized the item. Changes are being recommended to the permitted land use tables to add "pet lodging" as a new category in commercial zoning districts with a special use permit, and to remove "assisted living centers" from being permitted in single-family residential districts with a special use permit. The recommended addition of the "pet lodging" category will effectively allow pet boarding type establishments to exist under a special use permit in NS- neighborhood services, CS- community services, HC- heavy commercial and OC- outdoor commercial zoning districts. "Assisted living centers" will not be allowed in traditional single-family districts including R-1-S, R-1, R-2 and R-3, but would continue to be permitted in multi-family and non-residential zoning districts with a special use permit. The Planning and Zoning Commission recommended approval by 5-0 vote. Mayor Trevino called for comments from those wishing to speak for or against the request. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWOMAN COMPTON MOVED TO APPROVE TR 2008-02; ORDINANCE No. 3020. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE GARRIED 7-0. PLANNING & DEVELOPMENT D.0 No items for this category. PUBLIC WORKS E.1 PW 2008-025 APPROVE A RESOLUTION SUPPORTING A MUNICIPAL SETTING DESIGNATION (MSD) APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR PROPERTY LOCATED AT HARWOOD DRIVE AND CENTRAL DRIVE LOCATED IN THE CITY OF BEDFORD -RESOLUTION NO. 2008-052 APPROVED City Council Minutes September 22, 2008 Page 10 of 13 Mike Curtis, Managing Director presented the item. In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that relates to potable groundwater and the requirements for removing contaminants from groundwater. The law authorized the Texas Commission on Environmental Quality (TCEQ) to receive, process and certify MSD applications for properties with contaminated groundwater. Northern Trust Bank of Texas N.A. ("Northern Trust-Texas"), applicant, is trying to obtain TCEQ approval for a MSD for property located in the City of Bedford. The property is located at the corner of Harwood Drive and Central Drive, Bedford, Texas. The application will need to include resolutions from cities located within a 5-mile radius of the MSD property indicating support. Staff has reviewed the technical aspects of the application and are in support of the resolution. Mr. Lee Beason, project geologist, Halff & Associates, Dallas, was available to answer questions from the Council. In response to questions, Mr. Beason explained how the property became contaminated and how long the business that caused the contamination was in operation. COUNCILMAN WELCH MOVEQ TO APPROVE PW 2008-025', RESOLUTION NO. 2008-052. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED T-0. GENERAL ITEMS F.1 GN 2008-094 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO. 1 (TIF #1) AND APPOINTMENT OF CHAIR APPROVED Patricia Hutson, City Secretary presented the item. The Bylaws of Reinvestment Zone Number One state that the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one 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 members whose terms will expire are Mayor Trevino, Mayor Pro Tem Turnage, Councilman Lewis, Councilman Welch, and Councilman Whitson. The Bylaws also state that the Council shall appoint a Chair annually. After the appointment of the five directors, Council is requested to appoint the Chair. City Council Minutes September 22, 2008 Page 11 of 13 COUNCILWOMAN COMPTON MOVED TO REAPPOINT MAYOR TREVINO, MAYOR PRO TEM TURNAGE, COUNCILMAN LEWIS, COUNCILMAN WELCH, AND COUNCILMAN WHITSON TO THE TIF NO. 1 BOARD AND REAPPOINT MAYOR TREVINO AS THE CHAIR. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.2 GN 2008-095 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO. 2 (TIF #2) AND APPOINTMENT OF CHAIR APPROVED Patricia Hutson, City Secretary presented the item. The Bylaws of Reinvestment Zone Number Two state that the Board is to consist of nine directors; six are to be appointed by the City Council; one is appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one 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 Council Members whose terms will expire are Mayor Trevino, Mayor Pro Tem Turnage, Councilman Lewis, Councilwoman Compton, Councilman Whitson, and Councilman Welch. The Bylaws also state that the Council shall appoint a Chair annually. After the appointment of the six directors, Council is requested to appoint the Chair. COUNCILMAN LEWIS MOVED TO REAPPOINT MAYOR TREVINO, MAYOR PRO TEM TURNAGE, COUNCILMAN LEWIS, COUNCILWOMAN COMPTON, COUNCILMAN WELCH, AND COUNCILMAN WHITSON TO THE TIF NO. 2 BOARD AND REAPPOINT MAYOR TREVINO AS THE CHAIR. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.0 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that Council had not discussed Executive Session during the work session and would move to item H.1. Council would be convening in Executive Session following the regular council meeting. No action required. City Council Minutes September 22, 2008 Page 12 of 13 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. Get to know your North Richland Hills Fire and Police Departments. Attend the 2008 Public Safety Expo from 10 a.m. to 4 p.m. on Saturday, October 11th at NRHzO Family Water Park. There will be safety demonstrations, entertainment and information booths for all ages to enjoy. For more details, please call 817-427-6900. Bring your lawn chairs and blankets to the Autumn Night Music Concert Series at Kay Granger Park. Enjoy the sounds of 4 Way Street, a Crosby, Stills, Nash and Young tribute band on October 4. On October 19, join us for The Factory, a band that specializes in a wide variety of musical styles including R&B, Pop, Disco, Rock & Roll and more. Concerts begin at 7 p.m. Admission is FREE. Please consider walking to the park, as parking is very limited. For more information, call 817-427-6620. Residents will have the opportunity to drop off brush, non-hazardous household products, furniture and other bulky items for disposal at the Fall Community Clean-Up from 9:00 am to noon on Saturday, October 11 at the Tarrant County College-Northeast Campus in parking lot E by the Tennis Courts. New at the event this year is free paper shredding with a limit of three boxes per vehicle. Electronic equipment will also be accepted for recycling. For more information, call 817-427-6650. Kudos Korner -Randy Vastine and Robert Gomez, Public Works Department. A resident e-mailed to thank Randy and Robert for delivering sandbags to his home. The employees arrived with the sandbags approximately one hour after his call. They unloaded the sandbags in a matter of minutes and made sure they were placed in the correct location to prevent possible flooding. The resident said both employees exemplify a work ethic often missing in today's society and they have earned his admiration, respect, praise and thanks. H.2 ADJOURNMENT TO EXECUTIVE SESSION Mayor Trevino announced at 7:30 p.m. that Council would convene into Executive Session in the Council Work Room and the meeting would be adjourned in the Council Work Room following Executive Session. City Council Minutes September 22, 2008 Page 13 of 13 EXECUTIVE SESSION 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 B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation: 1) Davis vs. NRH; 2) EEOC vs. NRH; 3) Friend vs. NRH; 4) Rodgers vs. NRH; 5) Clark vs. NRH B.2 Executive Session: Deliberation Regarding Economic Development Negotiations as Authorized by Section 551.087 -Central and South areas of the Citv Mayor Trevino convened an open meeting in the Council Work Room and announced at 7:35 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: Section 551.071 for consultation with Attorney on the following litigation 1) Davis vs. NRH; 2) EEOC vs. NRH; 3) Friend vs. NRH; 4) Rodgers vs. NRH; 5) Clark vs. NRH; and Section 551.087 to deliberate Economic Development negotiations -central and south areas of the city. ADJOURNMENT Mayor Trevino adjourned the Executive Session at regular session at 8:28 p.m. There being no action Mayor Trevino adjourned the regular session -` "~^" ~~oe`,~~'H-~A N~ ~l~i ~~fr .ti r ~ r' n ~ ~-TTES~'• Iy ~-~ •h ~~, 8:28 p.m. and reconvened the required from Executive Session, atricT~"1~~'~son, City Secretary