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HomeMy WebLinkAboutCC 2008-11-24 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 -NOVEMBER 24, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28tH day of November, 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 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 Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Patricia Hutson 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 Andy Jones Fire Chief Craig Hulse Economic Development Director Dave Pendley Building Official Eric Wilhite Chief Planner Greg VanNieuwenhuize Assistant Public Works Director Sean Hughes Emergency Management Coordinator Absent: Jared Miller Assistant City Manager Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions. City Council Minutes November 24, 2008 Page 2 A.2 IR 2008-122 Review and Update of Draft Environmental Impact Statement for Southwest to Northeast Rail Corridor Plan Mr. Mike Curtis, Managing Director, presented an overview of the draft environmental impact statement for the Southwest to Northeast Rail Corridor project. The environmental impact document has four primary purposes - 1) required for federal funding; 2) discloses the impact of the project; 3) improves decision-making; and 4) serves as a means for public comment. Public comments are due to the "T" on December 15. With the consensus of Council, the City will be submitting its comments and recommendations to the "T". Council was advised the environmental impact document identified three alternatives for providing transportation services in the southwest to northeast corridor - a no-build alternative, express bus service and regional rail along the Cotton Belt rail line. The preferred option is the regional rail, which will carry traffic from southwest Fort Worth through Downtown Fort Worth to the northern part of DFW Airport. The environmental document addressed several environmental issues. The only significant environmental impact for North Richland Hills is the train noise with horns being the primary source. Mr. Curtis discussed the noise impact to North Richland Hills and advised that the "T" is proposing to mitigate all severe impacts. Based on the environmental document, North Richland Hills has 269 properties with noise impacts with 164 being considered as severe and 105 as moderate. The "T" is proposing to mitigate all severe noise impacts and is indicating they will perform mitigation on all moderate impacts where the existing noise exposure exceeds 65 dBA. The "T" is proposing in the environmental document two primary mitigation tools -quiet zones and noise walls where practical. The quiet zones consist of making improvements at the railroad crossings to prevent cars from bypassing the gates to minimize the length and distance the horn is required to be sounded. The City is proposing the following comments: 1) Appreciation to the "T" for including the City in the Study and identifying the Smithfield and Iron Horse stations; 2) Appreciation to the "T" for allowing input from NRH staff and City Council at numerous public meetings and providing specific planning efforts including rail station site development and market demand studies for the Iron Horse and Smithfield Stations; 3) Support for commuter rail along the Cotton Belt line to provide alternative transportation to relieve congested roadways and provide improved access to citizens and employees; 4) Support for the establishment of quiet zones and recommend that all properties impacted in North Richland Hills be included in the mitigation plan; and 5) encourage the placement of the Iron Horse platform to be located near the intersection of Iron Horse Boulevard and Boulder Drive to take advantage of a platform site that better allows for future transit oriented development. Councilman Barth questioned if the 65 dBA threshold was cumulative of all the potential sources or just the primary source. Staff advised the environmental document did not address his question, but staff will obtain the information and report back. Mayor Pro Tem Turnage questioned if it was known where the sound mitigation walls might be needed. Mr. Curtis advised that the "T" had not identified specific locations in the document, but had made a more general statement of what they are proposing. City Council Minutes November 24, 2008 Page 3 Mayor Trevino asked Council to support him in sending a letter to Jungus Jordan and Linda Koop, co-chairs of the Rail North Texas Group working to find a funding source for the project, thanking them for their time and commitment to the project. Mayor Trevino also asked Council to support a second letter to TxDOT and to the "T" requesting them to consider double tracking the rail that goes over the 820 bridge as part of the 820 expansion. Council concurred with Staffs recommended response to the SW2NE Rail Plan for the Environmental Document and with the two additional letters requested by the Mayor. A.3 IR 2008-123 Review of Citizens Survey Information and Comparative Data Ms. Mary Peters, Public Information Officer, advised the University of North Texas Survey Research Center has provided the City with a report comparing the City's most recent survey data with survey data from the DFW Metroplex, Tarrant County and Metroplex Suburbs. The findings of the report were reviewed with Council. The report found that North Richland Hills residents had higher favorable ratings for the following areas -Quality of Life, Police, Fire, Library, Parks, Recreation, Street Maintenance (non-residential), Recycling, and Animal Control. In response to questions from Council, Ms. Peters advised that the City's next survey would be conducted in the Fall of 2009 and that when comparing the City's most recent survey data with previous survey data, the numbers in the last survey were higher. A.4 IR 2008-124 Replacement Schedule of Fire Equipment Chief Andy Jones reviewed with Council the Fire Department's apparatus replacement schedule. Council was advised that because many factors influence the service life of fire apparatus equipment there is no national standard. Most fire departments in the area retire their front line service in 10 to 15 years. North Richland Hills retires its engines from front line service in 14 years and keeps them in reserve service for six more years. Plans are to retire the aerial ladder truck from front line service in 20 years and keep in reserve for five more years. Front line service for ambulances is six years with four years in reserve status. Chief Jones reviewed each of the replacement schedules used for future apparatus and small wheeled vehicle acquisition and replacement. B.0 EXECUTIVE SESSION B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney on Litigation -City of Mesquite v PGK Contracting Inc. B.2 Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition - Rufe Snow Drive City Council Minutes November 24, 2008 Page 4 B.3 Executive Session: Pursuant to Section 551.087 Texas Government Code to Discuss Potential Economic Development Incentives to Business Prospects in the Southeast and Midwest part of the City Mayor Trevino announced at 6:17 p.m. that the Council would adjourn into Executive Session pursuant to the provisions of Sections 551.071, 551.072 and 551.087 to consult with attorney on litigation regarding City of Mesquite v. PGK Contracting Inc, to discuss land acquisition in the area of Rufe Snow Drive and to discuss potential economic development incentives to business prospects in the southeast and midwest part of the City. C.0 Adjournment Mayor Trevino announced at 6:51 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order November 24, 2008 at 7:00 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 Karen Bostic Jimmy Perdue Mike Curtis Patricia Hutson George Staples Absent: Jared Miller 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 Managing Director City Secretary Attorney Assistant City Manager City Council Minutes November 24, 2008 Page 5 A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Boy Scout Troop 310 led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) Special Presentation(s) and Recognitions) -Recognition of Police Department's Webber Seavey Award Jimmy Perdue, Assistant City Manager, recognized the Police Department for being selected as a finalist for the 2008 Webber Seavey Award. The Police Department's "Building Connections -Building Community" (BC2) Family Resource program was selected as one of the Top 25 Programs for the 2008 Webber Seavey Award. The BC2 program was recognized at the International Association of Chiefs of Police annual conference in November. The program is a collaborative project between the City, the school district and Tarrant County Youth Collaboration. Mr. Perdue and Councilwoman Compton presented the award to Sergeant Matt Clem, and Geny Court, Family Resource Coordinator. Mr. Perdue also recognized Tarrant County Youth Collaboration partner, Tacia Torres, who was not present. A.4 CITIZENS PRESENTATION None. Mayor Pro Tem Turnage recognized students from Dr. Hendrich's Texas Local Government Class at Tarrant County College. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes November 24, 2008 Page 6 B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED 6.1 APPROVAL OF MINUTES OF NOVEMBER 10, 2008 CITY COUNCIL MEETING 6.2 PU 2008-031 AWARD BID 08-015 FOR DIGITAL IN-CAR VIDEO EQUIPMENT TO L-3 COMMUNICATIONS IN THE AMOUNT OF $350,126.00 6.3 PU 2008-033 APPROVE THE PURCHASE OF DATA STORAGE, BACKUP SOLUTION, WIRELESS HARDWARE AND INSTALLATION FOR THE POLICE DEPARTMENT MOBILE VIDEO SYSTEM (MVS) IN THE AMOUNT OF $93,265.57 B.4 GN 2008-115 AUTHORIZE THE CITY MANAGER TO SIGN STREET USE AGREEMENT FOR MEDIAN SIGNAGE IN THE DIAMOND LOCH SUBDIVISION COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 GN 2008-114 PUBLIC HEARING BY THE CITY OF NORTH RICHLAND HILLS FOR PROPOSED AMENDMENTS TO THE PROJECT AND FINANCING PLANS FOR REINVESTMENT ZONE NUMBER 1 ~PPRnVFl1 Mayor Trevino opened the Public Hearing. Mr. Larry Koonce, Director of Finance, reviewed the history and background of the Tax Increment Finance (TIF) Number 1 district. Mr. John Pitstick, Director of Planning, presented the project plan and discussed the expansion plans for the district. The City has been working on plans to expand the boundaries from the existing 95 acres to 392 acres along the Boulevard 26 corridor. The proposed expansion includes $3.5 million for intersection improvements and the burial of utility lines along Boulevard 26. Concept drawings of the proposed City Council Minutes November 24, 2008 Page 7 improvements and the benefits of the proposed expansion were presented and discussed. Mr. Koonce presented the financing plan. The plan assumes 100% participation from all County entities and is a ten-year plan for the financing of the $3.5 million in public projects in the project plan. The City plans to issue certificates of obligation in the amount of $3.5 million that will be financed over the ten-year period. The TIF Board approved a resolution on November 6 recommending the expansion and approving the project and finance plans. Council was advised that Agenda Item C-2, Ordinance No. 3029 approves the expansion, finance and project plans and amends the 2008-09 Capital Projects Budget. Agenda Item C-3, Ordinance No. 3030, approves the actual TIF expansion including the metes and bounds. Mayor Trevino called for any one wishing to comment on the proposed amendments to the project and financing plans for Reinvestment Zone Number 1. There being no one wishing to speak Mayor Trevino closed the public hearing. C.2 GN 2008-116 CONSIDER ALL MATTERS INCIDENT AND RELATED TO APPROVING AND AUTHORIZING CERTAIN AMENDMENTS TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER 1, CITY OF NORTH RICHLAND HILLS, INCLUDING THE ADOPTION OF ORDINANCE NO. 3029 AND AMENDING THE CITY OF NORTH RICHLAND HILLS FISCAL YEAR 2008-2009 CAPITAL PROJECTS BUDGET PERTAINING THERETO. (THIS ITEM IS NOT A PUBLIC HEARING BUT IS RELATED TO ITEM C.1) APPROVED The item was presented in conjunction with agenda item C-1. Mr. Koonce advised Agenda Item C-2 is to consider approval of the ordinance for the expansion finance plan and project plan and amends the Capital Projects Budget. MAYOR PRO TEM TURNAGE MOVED TO APPROVE ORDINANCE N''O. 3029. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.3 GN 2008-117 CONSIDER ALL MATTERS INCIDENT AND RELATED TO APPROVING AND AUTHORIZING THE EXPANSION OF REINVESTMENT ZONE NUMBER 1, CITY OF NORTH RICHLAND HILLS, INCLUDING THE ADOPTION OF ORDINANCE NO. 3030 PERTAINING THERETO (THIS IS NOT A PUBLIC HEARING City Council Minutes November 24, 2008 Page 8 BUT IS RELATED TO ITEM C.1) APPROVED The item was presented in conjunction with agenda item C-1. Mr. Koonce advised agenda item C-3 is to consider approval of ordinance approving the expansion and the metes and bounds of the expansion area. COUNCILMAN WHITSON MOVED TO ORDINANCE NO. 3030. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT No items for this category. PUBLIC WORKS E.1 PW 2008-029 AWARD A PROFESSIONAL SERVICES AGREEMENT TO BAIRD, HAMPTON & BROWN IN THE AMOUNT OF $41,500.00 FOR THE WINTER PARK DRIVE AND AMUNDSON ROAD WATERLINE PROJECT ~PPR()VFI~ Mr. Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. Item is to consider the award of a professional services agreement for the design of approximately 3,000 linear feet of water main along Winter Park and Newman Drive between Bridge Street and Emerald Hills Way and approximately 500 linear feet of water main along Amundson Road between Cardinal Lane and Mid-Cities Boulevard. Staff followed the City's policy for the procurement of professional services and is recommending the professional services agreement be awarded to Baird Hampton & Brown. COUNCILMAN LEWIS MOVED TO APPROVE PW 2008-029. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. GENERALITEMS F.1 City Council Minutes November 24, 2008 Page 9 GN 2008-113 CONSIDER APPROVAL OF ORDINANCE AUTHORIZING THE APPOINTMENT OF CERTAIN PERSONS TO ENFORCE DISABLED PARKING REGULATIONS -ORDINANCE NO. 3033 APPROVED Mr. Jimmy Perdue, Assistant City Manager, presented the item. Item is to consider approval of an ordinance to allow Citizens on Patrol the ability to write Disabled Parking citations to violators. The Citizens on Patrol program was presented to Council in a previous work session. One of the activities authorized by State law is the issuance of citations for disabled parking violations. A city ordinance must be adopted to authorize the trained volunteers to enforce disabled parking regulations. Mr. Perdue advised that participants of the Citizens on Patrol program must be graduates of the North Richland Hills Citizen Police Academy and then be selected to complete the additional training. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO. 3033. COUNCILWOMAN COMPTON 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 Item 6.1 -City of Mesquite v. PGK Contracting Inc -Consider Joining in an Amicus Brief with other Cities in Support of the Position of Mesquite Attorney George Staples advised a request had been received from the City of Mesquite to join in an amicus brief in support of their position that cities cannot be sued for breach of an implied duty under recent amendments to the Local Government Code which establish jurisdiction for suits against cities for breach of certain contracts for goods and services. Attorney Staples recommended that Council authorize participation in the brief and pay $500 toward the cost of the brief. MAYOR PRO TEM TURNAGE MOVED THAT THE CITY OF NORTH RICHLAND HILLS JOIN WITH OTHER CITIES IN AN AMICUS BRIEF IN SUPPORT OF THE POSITION OF THE CITY OF MESQUITE 1N ITS APPEAL OF CITY OF MESQUITE V PGK CONTRACTING INC AND THAT THE CITY OF NORTH RICHLAND HILLS PAY $500 TOWARD THE COST OF SUCH BRIEF. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. INFORMATION AND REPORTS City Council Minutes November 24, 2008 Page 10 H.1 ANNOUNCEMENTS Councilman Lewis made the following announcements. City Hall and other non-emergency offices will be closed on Thursday and Friday, November 27 and 28 for the Thanksgiving holiday. Duncan Disposal will not provide garbage and recycling collections on Thanksgiving Day. Thursday's collections will be made on Friday and Friday's collections will shift to Saturday. The City of North Richland Hills is collecting donations of nonperishable food and new, unwrapped toys to help needy families during the holiday season. Donations are being accepted at City Hall and other City facilities through December 5th. Join us for the 9th annual Night of Holiday Magic from 4 p.m. to 8 p.m. on Saturday, December 6th. This year's event is moving to a new location at NRH2O Family Water Park. Activities will include photos with Santa, a snow tubing hill, the Christmas Tree lighting and firework show, children's activities, holiday music and more. Admission is free. Please bring a new, unwrapped toy for the Santa Cops toy drive and canned foods for the Community Enrichment Center. For more details, call 817-427-6600 or visit nrhtx.com. Kudos Korner -Officer Gwen Kasterke, Police Department - A letter was received commending Officer Kasterke's presence at a middle school campus. It stated that Officer Kasterke has assisted with many tasks over the past two years. She is patient with young people, has a superior dedication to duty and has the ability to solve problems. Officer Kasterke is proactive in preventing problems and steadfast in making sure every investigation is fully completed. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:38 p. N ANp ~~~ ~ ~~ o= ~' r `~ Z~ ;;~ ~rTTEST ,..~,~'~' Oscar no -Mayor ricia Hutson, City Secretary