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Home My WebLink AboutCC 2008-12-22 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 -DECEMBER 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 December, 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: 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 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director 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 Craig Hulse Economic Development Director Vickie Loftice Parks and Recreation Director Bill Thornton Parks and Recreation Assistant Director Jamie Brockway Purchasing Manager Sean Hughes Emergency Management Coordinator Mark Mills Budget Director Absent: Oscar Trevino Mayor Tim Welch Council, Place 7 Call to Order Mayor Pro Tem Turnage called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting None. City Council Minutes December 22, 2008 Page 2 A.2 IR 2008-132 Update of 2006 International Residential Code (for 1 & 2 Family Dwellings and the 2006 International Plumbing Code Dave Pendley, Building Official presented a PowerPoint presentation updating Council on 2006 International Residential Code and 2006 International Plumbing Code changes. Residential Code changes include: • Chemical field treatment of cuts and bores in treated wood resting on a foundation slab. • Termite treatment must be documented when using soil and baiting treatments. • Wood studs of exterior walls must be of 2 X 6's in 14 foot tall single story homes & 12 foot tall two story homes. • Building paper, "Tyvek", or other moisture barrier is required on wood framed homes. • Exterior walls less than 5'-0" from property line must be fire rated. • Windows at least 36" above stairs and landings no longer required to be tempered. • Windows over 6 ft. above exterior grade to have the lowest portion of the opening at least 24 inches above interior floor. • Roof trusses to be designed to carry attic storage loads if 42" of headroom is provided. • Attics may now be unventilated (with restrictions). • Water heater access doors to be insulated and self-closing. • Gas piping to be marked every 5 feet; with medium pressure piping labeled on ends. • Landing not required at stairs serving a garage if door doesn't swing over steps. • Retaining walls taller than 3' require engineering; wood retaining walls taller than 24 inches are prohibited. • Amendment requiring private streets to meet Public Works standards regarding design, construction, inspection, and fees. Plumbing Code changes include: • Table provided for sizing of grease traps. • Allows for the installation of grease extractors with approval by the health department and code official. • Requires installation of urinal partitions. • Allows water monitoring devices on HVAC units with no means of secondary condensate d isposal. • Requires tempered water for public hand washing facilities - 110 degrees. • Temperature limiting devices required on bath tubs, whirlpools & multiple (gang) showers. City Council Minutes December 22, 2008 Page 3 Coffee machines must be equipped with backflow devices. Adopts by reference new T.C.E.Q. requirements for irrigators contained in Chapter 344 of the Texas Administrative Code. T.C.E.Q. Requirements (HB 1656 requires cities with populations over 20,000 to): • Adopt landscape provisions by ordinance. • Verify the irrigator designing and installing the system is licensed. • Issue permits prior to installation. • Verify the design and installation meet TCEQ requirements. • Maintain a log of inspections for a period of 3 years. Irrigation System Requirements • Plans must be sealed by a licensed irrigator. • Spacing of heads not to exceed manufactures recommendations. • No sprinkling of areas less than 48 in. wide containing pavement on two or more sides (area between curb and sidewalk). • Sprinkler heads may not be directed over pavement and must be spaced at least 4 in. from a hardscape. • Rain & freeze sensor required. • PVC colored primer required at joints. • Isolation valve required. • Pipes to be at least 6 inches deep. • Backflow device is required. Double check valves still allowed (with restrictions). • Irrigator must conduct an instructional walk through with owner & provide maintenance check list and warranty information. • As-built drawing, backflow test certificate, and an installer's affidavit must be provided to inspector and the owner upon final inspection. • Irrigator must place a permanent sticker on the controller that has the business' contact information and warranty dates. • A homeowner is not required to be licensed or to have a plan prepared by a licensed irrigator. However, must follow TCEQ rules. How this affects staff: • In addition to a complete regulatory plan review, staff will now conduct two inspections on each installation. One to inspect piping installation before it is concealed; and a final inspection. • Current permit fee is $36. • Proposing fee increase to 100 for residential systems and 125 for multi-family and commercial systems. This is consistent with neighboring communities. Purpose of the Update • Remain current on latest technologies and construction methods • Stay current with surrounding DFW communities City Council Minutes December 22, 2008 Page 4 A.3 IR 2008-134 Briefing on Federal Economic Recovery Effort Karen Bostic, Assistant City Manager briefed Council on Federal economic recovery efforts. As the nation prepares for the presidential transition, the National League of Cities, U.S. Conference of Mayors and National Association of Counties are calling upon Congress to take immediate action on a new economic recovery package that will help stimulate the economy through job creation at the local government level. As part of this movement, the U.S. Conference of Mayors is compiling information of local government projects that could be started almost immediately. Area cities were asked to submit a survey. The projects the survey covers are categorized as follows: • Community Development Block Grants • Energy Block Grants for Infrastructure and Green Jobs • Transit Equipment and Infrastructure • City Streets/Metro Roads Infrastructure • Airport Technology and Infrastructure • Amtrak Infrastructure • Water and Wastewater Infrastructure • School Modernization • Public Housing Modernization • Public Safety Jobs and Technology So far the U.S. Conference of Mayors has issued two reports for projects with a third to be released within the next week. The next report should show North Richland Hills projects totaling over $70,000,000. These include street projects, water and sewer lines as well as other miscellaneous projects. There were no questions from Council. A.4 IR 2008-133 Update on Completion of City Council Goals and Action Items Elizabeth Reining, Assistant to the City Manager presented a PowerPoint presentation updating Council on the completion and progress of City Council Goals and Action Items. The Goals Work Session was held in November 2006 where goals and objectives were created. There were 106 action items to meet those goals and objectives. • Goal #1: Quality Community Development and Revitalization • Goal #2: Efficient and Effective Transportation System • Goal #3: Safety and Security • Goal #4: Financial Stability • Goal #5: Preserve Positive City Image • Goal #6: A Sense of Community • Goal #7: Targeted Economic Development City Council Minutes December 22, 2008 Page 5 • Goal #8: Local and Regional Leadership There are: • 54 items are Ongoing (projects staff continuously works on) • 28 items are Complete (projects completed to meet Council Goals) • 21 items are In Progress (projects with significant progress but not completed) • 3 items are Not Complete (projects with little or no progress) On going Action Items: • Projects staff continuously works on • 54 action items Include: - Funding sidewalk program - Active in RTC, TRTC - Quarterly live fire training - Improving online services - Marketing City to potential investors Complete Action Items: • Projects completed to meet Council Goals • 28 action items • Include: - Construction of new library - Public arts brochure - Upgrade to Tiburon system - Implement Neighborhood LOOKS program - Complete Parks Master Plan In Progress Action Items: • Projects with significant progress but not completed • 21 action items Include: - Landscape improvements along Davis Blvd. - Implement Hall of Fame program - Facility Master Plan - Training programs for grant opportunities - Update Building Codes Not completed Action Items: • Projects with little or no progress • 3 action items • Include: - Land bank specific property - Citizens' Academy City Council Minutes December 22, 2008 Page 6 - Construction of amphitheatre The next Goals Works Session is January 9-10, 2009. There were no questions from Council. 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 551.072,_Texas Government Code to deliberate land acquisition for parks -Northeast Sector Mayor Pro Tem Turnage announced at 6:10 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to deliberate land acquisition for parks -northeast sector. C.0 Adjournment Mayor Pro Tem Turnage announced at 6:49 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tem Turnage called the meeting to order December 22, 2008 at 7:01 p.m. ROLL CALL Present: Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council Place 6 Staff: Larry J. Cunningham City Manager Jared Miller Assistant City Manager City Council Minutes December 22, 2008 Page 7 Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Monica Solko Assistant City Secretary George Staples Attorney Absent: Oscar Trevino Mayor Tim Welch Council, Place 7 A.1 INVOCATION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) Keep NRH Beautiful Christmas Lighting Awards Councilman Whitson and Keep NRH Beautiful Chair Kathy Luppy presented the 2008 Keep NRH Beautiful Christmas Lighting Awards: Wade & Patty Weaver, 6216 Windsor Court; David Herrera, 6908 Corona Drive; Richard & Cynthia Ward, 4920 Skylark Circle; Richard & Theresa Radwan, 5909 Circle Dr. N.; James & Lucy Gonzalez, 8008 Bridge Street; Javier & Laura Esquivel, 7516 Chapman; Frank Kossler & Barbara Tiebens, 8800 Thornway; Lupe & Linda Cruz, 7528 Brockwood Court; Art Herrington, 6705 Parkwood; Larry & Angelica Langford, 8100 Long Trail Drive. A.4 CITIZENS PRESENTATION Councilman Barth advised that there were citizens wishing to address Council. The following individuals expressed concerns with the oil and gas pipeline production near their homes. Eric Jones, 1007 Creehollow Drive, Keller City Council Minutes December 22, 2008 Page 8 Kristie Fett, 1609 Creekridge Drive, Keller Jennifer Thompson, 1607 Creekridge Drive, Keller Barry Thompson, 1607 Creekridge Drive, Keller Andy Ingram, 712 Bent Tree Court, Hurst Stan Fortune, 1613 Creerridge Drive, Keller 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 DECEMBER 8, 2008 CITY COUNCIL MEETING B.2 PU 2008-035 APPROVE THE PURCHASE OF POLICE PACKAGE VEHICLES TO CALDWELL COUNTRY IN THE AMOUNT OF $190,767.00 COUNGILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. PUBLIC HEARINGS C.1 No items for this category. PLANNING & DEVELOPMENT D.1 No items for this category. PUBLIC WORKS City Council Minutes December 22, 2008 Page 9 E.1 No items for this category. GENERALITEMS F.1 PU 2008-034 AWARD OF CONTRACT TO WORKMAN COMMERCIAL CONSTRUCTION SERVICES, LTD, IN THE AMOUNT OF $1,967,832 FOR THE CONSTRUCTION OF THE THIRD PHASE ATTRACTION AND RESTROOM FACILITY AT NRH2O APPROVED Bill Thornton, Parks and Recreation Assistant Director presented the item. The item is to consider the award of a construction contract for the third phase attraction and restroom facility at NRH2O. The City requested competitive sealed proposals in accordance with city policy and proposals were received from four firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the construction contract to Workman Commercial Construction Services, Ltd in an amount of $1,967,832. COUNCILMAN LEWIS MOVED TO APPROVE PU 2008-034. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. F.2 GN 2008-121 CONSIDERATION OF ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL CODE AS AMENDED -ORDINANCE NO. 3035 APPROVED Dave Pendley, Building Official presented items F.2 adopting the 2006 International Residential Code as amended and F.3 adopting the 2006 International Plumbing Code as amended. The 2006 International Residential Code will have minimal impact on the current requirements that architects, engineers & builders must meet. A brief list of items that will be changing are: • Chemically field treatment of cuts and bores in treated wood resting on a foundation slab. • Termite treatment must be documented when using soil and baiting treatments. • Wood studs of exterior walls must be of 2 X 6's in 14 feet tall single story homes & 12 feet tall two story homes. City Council Minutes December 22, 2008 Page 10 • Building paper, "Tyvek", or other moisture barrier is required on wood framed homes. • Exterior walls less than 5 feet-0 inches from property line must be fire rated. • Windows at least 36 inches above stairs and landings no longer required to be tempered. • Windows over 6 feet above exterior grade to have the lowest portion of the opening at least 24 inches above interior floor. • Roof trusses to be designed to carry attic storage loads if 42 inches of headroom is provided. • Attics may now be unventilated (with restrictions) • Water heater access doors to be insulated and self-closing. • Gas piping to be marked every 5 feet; with medium pressure piping labeled on ends • Landing not required at stairs serving a garage if door doesn't swing over steps. • Retaining walls taller than 3 feet require engineering; wood retaining walls taller than 24 inches are prohibited • Amendment requiring private streets to meet Public Works standards regarding design, construction, inspection, and fees. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2008-121', ORDINANCE NO. 3035. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. F.3 GN 2008-122 CONSIDERATION OF ADOPTING THE 2006 INTERNATIONAL PLUMBING CODE AS AMENDED -ORDINANCE NO. 3036 APPROVED Dave Pendley, Building Official presented items F.2 adopting the 2006 International Residential Code as amended and F.3 adopting the 2006 International Plumbing Code as amended. The 2006 International Plumbing Code will have minimal impact on the current requirements that plumbers must meet. However, one major change involves a non-funded state mandate (HB 1656) regarding the permits, design, and installation of irrigation systems. A brief list of items that will be changing are: • Table provided for sizing of grease traps. • Allows for the installation of grease extractors with approval by the health department and code official. • Requires installation of urinal partitions. • Allows water monitoring devices on HVAC units with no means of secondary condensate disposal. City Council Minutes December 22, 2008 Page 11 • Requires tempered water for public hand washing facilities - 110 degrees • Temperature limiting devices required on bath tubs, whirlpools & multiple (gang) showers. • Coffee machines must be equipped with backflow devices. • Adopts by reference new T.C.E.Q. requirements for irrigators contained in Chapter 344 of the Texas Administrative Code. The new TCEQ irrigation requirements include: • Adopt landscape provisions by ordinance. • Verify irrigator doing work is licensed and design meets TCEQ minimums. • Verify plans have been designed by a licensed irrigator. • Issue permits prior to installation. • Maintain a log of inspections for a period of 3 years. • Verify no sprinkling of areas less than 48 in. Must use soaker or drip technology. • Sprinkler heads may not be directed over pavement and must be spaced at least 4 inches from a hardscape. • Rain & freeze sensor required. • PVC colored primer required at joints. • Isolation valve required. • Verify pipes are at least 6 inches deep. • Verify backflow device is required. Double check valves still allowed (with restrictions). • Verify through documentation that the irrigator has conducted an instructional walk through with the owner & provided a maintenance check list and warranty information. • As-built drawing, backflow test certificate, and an installer's affidavit must be provided to inspector and the owner upon final inspection. • Irrigator must place a permanent sticker on the controller that has the business' contact information and warranty dates. • A homeowner is not required to be licensed or to have a plan prepared by a licensed irrigator. However, must follow TCEQ rules. In order to cover the additional work provided in this mandate staff is recommending a permit fee increase from $36 to $100 for residential systems and $125 for multi-family and commercial systems. The fee increase is consistent with neighboring communities. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2008-122, ORDINANCE No. 3036. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. F.4 City Council Minutes December 22, 2008 Page 12 GN 2008-123 CONSIDER ACCEPTANCE OF A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), URBAN AREA SECURITY INITIATIVE (UASI), LAW ENFORCEMENT ASSISTANT PROGRAM (LEAP) GRANT IN THE AMOUNT OF $437,860.00 AND AMEND THE FISCAL YEAR 2008/2009 CAPITAL PROJECTS BUDGET APPROVED Sean Hughes, Emergency Management Coordinator presented the item. The City of North Richland Hills has been awarded a total of $437,860.00 from the Federal Emergency Management Agency, Urban Area Security Initiative (UASI) Law Enforcement Assistance Program (LEAP). The Governor's Division of Emergency Management has issued asub-recipient agreement to North Richland Hills for the purchase of an armored personnel carrier (APC) training and equipment to enhance the Northeast Explosives Response Team. From the grant, $226,600 is targeted to fund the purchase of an armored response vehicle with Chemical Biological detection equipment. All of this equipment will greatly enhance the ability of the North Richland Hills Police Department and the Northeast Explosives Response Team to respond to and deal with threats and emergencies. The remaining $211,260 is designated for the purchase of replacement explosive handler suits, other equipment and training for the Northeast Explosives Response Team Acceptance of this grant does not require matching funds. The City will be reimbursed 100% after all equipment has been purchased. COUNCILMAN EARTH MOVED TO APPROVE GN 2008-123. COUNCILWOMAN GOMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. F.5 GN 2008-125 CONSIDER AN AMENDMENT TO THE CITY .CODE, CHAPTER 104: "GAS WELL DRILLING AND PRODUCTION" -ORDINANCE NO. 3031 APPROVED John Pitstick, Planning and Development Director presented the item. The purpose of the proposed revisions to Chapter 104 of the City Code are to: 1. Modify the time period in which a gas well is required to be drilled upon approval of a gas well permit application; 2. Allow a modification to the "no build easement" requirements around gas well sites for certain types of entities; and 3. Require a notification for surrounding undeveloped property owners of the presence of gas wells. Recommended Changes to Gas Well Drilling & Production Ordinance City Council Minutes December 22, 2008 Page 13 Section 104-6. Gas Well Permit Requirements U) A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within one hundred eighty (180) 98 days from the date of the issuance of the permit. A well permit may be extended -,., +~~ +~spester for an additional 90 days under the following two conditions; 1) upon written request by the operator, and 2) proof that the permit for which an extension is sought could be issued on the date of such extension under the regulations and conditions then existing . (o) Prior to the issuance of any permit, the operator shall, except for public institutions which provide a resolution committing not to construct any building within 150 feet of any outside wall or other screening around the final production gas well site provide ~ a recordable easement from the owner of affected property as grantor to the city as grantee which prohibits residences, religious institutions, public buildings, retail or commercial buildings within 150 feet of the outside wall or other screening around the final production gas well site. (p) Prior to the issuance of any permit, the operator shall record a "gas well vicinity notice" in the Tarrant County real property records giving notice of the location of such proposed well and the description by lot, block and subdivision each undeveloped platted lot within 600 feet of such well or, if there is undeveloped land within such distance which is not within a recorded subdivision, the name of each survey within 600 feet of such well location. Such notice shall be in the form established by city staff." COUNCILMAN WHITSON MOVED TO APPROVE GN 2008-125; ORDINANCE NO. 3031. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. F.6 GN 2008-124 APPROVE 2009 STATE LEGISLATIVE PROGRAM APPROVED City Council Minutes December 22, 2008 Page 14 Karen Bostic, Assistant City Manager presented the item. The City based its 2009 State Legislative Program on four guiding principles - 1) Vigorously oppose any legislation that erodes the authority to govern our own local affairs; 2) Cities represent the level of government closest to the people. The City will bear primary responsibility for the provision of capital infrastructure and for ensuring our citizens' health and safety. Thus, the City must be assured of a predictable and sufficient level of revenue; 3) oppose the imposition of unfunded state mandates; and 4) support any legislation that increases the quality of life for our citizens. This includes legislation that will not only provide an equitable amount of revenue for our city, but also provide equitable services that will encourage pride and growth in our community. Upon approval, staff will present this information to area State Representatives and Senators to point out the City's key issues. COUNCILMAN SAPP MOVED TO APPROVE THE 2QO9 STATE LEGISLATIVE PROGRAM,. GN 2QOS- 124. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. City Hall and other non-emergency City offices will be closed for the holidays on December 25 and January 1. Duncan Disposal will not provide garbage and recycling collections on Christmas Day and New Year's Day. During both holiday weeks, Thursday collections will be made on Friday and Friday's collections will shift to Saturday. Christmas trees can be dropped off for recycling December 26 through January 7 at Green Valley Park, 7701 Smithfield Road. Residents can also place Christmas trees curbside for recycling on Wednesday, December 31 and Wednesday, January 7. Mulch City Council Minutes December 22, 2008 Page 15 from the recycled trees will be available for residents to pick up at Green Valley Park January 10 - 16. For more details, please call the Neighborhood Services Department at 817-427-6650. The North Richland Hills Fire Department holds CPR Classes once a month at the Fire Administration Building located at 7202 Dick Fisher Drive. Classes are American Heart Association approved and participants receive a certification card. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, January 10. The cost is $25. To sign up or get more information, please call 817-427-6900. Kudos Korner -Officer Chris Lizak, Police Department. A phone call was received from a resident to express her appreciation for the assistance Officer Lizak provided when she experienced a flat tire. He was extremely nice and professional and she was very grateful for his help. H.2 ADJOURNMENT Mayor Pro Tem Turnage adjourned the meeting at 8:14 p.m. ~1~H ~AN~~ f ~' r o h ~''; d -' s~` Scott Turnage - yor Pro Tem ~+-;~~Gc~on. t~ Patricia Hutson, City Secretary