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Home My WebLink AboutCC 2009-04-13 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 -APRIL 13, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 13th day of April, 2009 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 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 Vickie Loftice 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 Greg VanNeiuwenhuize Public Works Assistant Director Craig Hulse Economic Development Director JoAnn Stout Neighborhood Services Director Patrick Hillis Human Resources Director Bill Thornton Park and Recreation Assistant Director Sharon Davis Park and Recreation Assistant Director Chris Amarante Facilities and Construction Director Andy Kancel Assistant Police Chief Thomas Powell Fleet Services Director Absent: John Lewis Council, Place 1 Call to Order City Council Minutes April 13, 2009 Page 2 Mayor Trevino called the work session to order at 5:33 p.m. and recognized Samuel Smith, recipient of the "Mayor for a Day" fundraiser at The Academy at Carrie Francis Thomas. A.1 Discuss Items from Regular City Council Meeting None. A.2 IR 2009-035 Update on State Legislation Karen Bostic, Assistant City Manager updated Council on 81St Regular Session of the Texas Legislature. As predicted during last month's update, a number of bills have moved from the House and Senate. Ms. Bostic highlighted several bills the City is currently tracking and asked if Council had any specific bill they were interested in to please let her know. Highlighted bills included: • Transportation Funding - HB 9 and SB 855 • Red Light Camera Prohibition - HB 2639 • Statewide Smoking Ban - HB 5 and SB 544 • Sales Tax Allocation Changes - HB 980 and HB 1376 • Joint TIFs - HB 3222 and SB 1947 • Property Tax Changes -Various HBs and SBs There were no questions from Council. A.3 IR 2009-036 Rufe Snow Drive/Glenview Drive Intersection Concept Study Update Glenn Smith, Public Works Engineer Associate presented a PowerPoint presentation and updated Council on the concept designs for the Rufe Snow/Glenview Drive intersection study. Mr. Smith introduced Chris Scott a representative with Huitt Zollars, Inc. the consultant that was selected for the project. Mr. Scott gave a brief description of each concept. Concept A - incorporates a plaza design to encourage open space. Concept 6 - focuses on an artistic centerpiece in the main island area and then mirrored at the southeast corner of the intersection. Concept C - utilizes a central focal point with a landscape backdrop on the main island area. All three concept designs incorporate landscape, pavement enhancements for crosswalks and access ramps. Given that each of the concepts includes designs with and without the barber shop and because of the drastic aesthetic difference between the concepts, the staff committee City Council Minutes April 13, 2009 Page 3 elected to place the project "on hold" in order to conduct a proper assessment of the feasibility of purchasing the barber shop property. Through discussions with two separate real estate agents, the barber shop property owner indicated that he is only willing to lease the property at this time. After discussion and questions by the Council, the Council consensus was that the concept study needed to account for the future left turn lane on Glenview Drive and wanted further analysis before proceeding with a final concept plan. A.4 IR 2009-033 Discussion of the Recreation Center Project -Public Input and Design Process Vickie Loftice, Managing Director introduced Dwayne Brinkley from Brinkley Sargent Architects the design firm for architectural and engineering services for the recreation center. Along with basic architectural and engineering services, the contract also includes apublic/stakeholder input process for programming of the facility which will guide space requirements and facility design. Mr. Brinkley presented a PowerPoint presentation outlining the proposed public input process, as well as the strategic and linear process of designing and constructing the recreation center, and reviewed a project schedule. After a brief discussion by the Council, the Council consensus was to move forward with the public input process for the recreation center. 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 the Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.087, Texas Government Code to deliberate the offer of a financial incentive -Calloway Branch Creek Bridge B.3 Executive Session: Pursuant to Section 551.071 for consultation with Attorney on litigation on settlement of Davis vs. NRH ` B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code to deliberate the appointment, employment, evaluation, duties of council appointed positions -City Manager Mayor Trevino announced at 6:22 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: • Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases). City Council Minutes April 13, 2009 Page 4 • Section 551.087, Texas Government Code to deliberate the offer of a financial incentive -Calloway Branch Creek Bridge. • Section 551.071, Texas Government Code for consultation with Attorney on litigation on settlement of Davis vs. NRH. • Section 551.074 to deliberate the appointment, employment, evaluation, duties of council appointed positions -City Manager. C.0 Adjournment Mayor Trevino announced at 7:04 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 April 13, 2009 at 7:10 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko Mayor Mayor Pro Tem, Council Place 6 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 Managing Director City Secretary Assistant City Secretary City Council Minutes April 13, 2009 Page 5 George Staples Attorney Absent: John Lewis Council, Place 1 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor for the Day Samuel Smith led the pledge of allegiance. Mayor Trevino presented Samuel Smith with a certificate recognizing him as "Mayor for the Day". Samuel Smith introduced his parents to the Council. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) PROCLAMATION ON CHILD ABUSE PREVENTION MONTH PRESENTED BY COUNCILMAN BARTH Councilman Barth presented a proclamation on Child Abuse Prevention Month to Julie Evans, Associate Director of Alliance for Children. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED City Council Minutes April 13, 2009 Page 6 B.1 APPROVAL OF MINUTES OF FEBRUARY 5, 2009 CITY COUNCIL AND PLANNING AND ZONING JOINT WORK SESSION B.2 APPROVAL OF MINUTES OF MARCH 23, 2009 CITY COUNCIL MEETING B.3 PU 2009-013 AUTHORIZE INTER-LOCAL PURCHASING AGREEMENT WITH TARRANT COUNTY B.4 PU 2009-014 AUTHORIZE INTER-LOCAL PURCHASING AGREEMENT WITH THE CITY OF ALLEN B.5 PU 2009-015 AUTHORIZE INTER-LOCAL PURCHASING AGREEMENT WITH THE CITY OF CEDAR HILL B.6 PU 2009-009 AUTHORIZE THE PURCHASE OF IRON HORSE REPLACEMENT EQUIPMENT FROM AUSTIN TURF IN THE AMOUNT OF $67,014.95 B.7 PU 2009-012 AWARD BID NO. 09-016 FOR THE HVAC REPLACEMENT PROJECT TO AIRWISE HEATING AND AIR INC. IN THE AMOUNT OF $52,486 B.8 PU 2009-017 AWARD BID 09-013 FOR NRH2O WATER PARK FOOD SERVICE PRODUCTS TO C. D. HARTNETT AS PRIMARY SUPPLIER AND BEN E. KEITH AS SECONDARY SUPPLIER B.9 PU 2009-016 AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR THE RFB 09-015 TENNIS COURT RESURFACING PROJECT AT RICHLAND TENNIS CENTER COUNCILMAN SAPP MOPED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. PUBLIC HEARINGS C.0 There were no items for this category. City Council Minutes April 13, 2009 Page 7 PLANNING & DEVELOPMENT D.0 There were no items for this category. PUBLIC WORKS E.1 PW 2009-009 APPROVE AMENDING SECTION 78-61 (A) BY ADDING A NEW SECTION TO THE NORTH RICHLAND HILLS CODE OF ORDINANCES, REVISING THE WATER RATIONING SCHEDULE, AND ADOPTING A NEW DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN -ORDINANCE NO. 3046 APPROVED Jimmy Cates, Public Works Operations Manager presented a PowerPoint presentation and summarized the item. The City of North Richland Hills last updated its Drought Contingency and Emergency Water Management Plan in 2006. A revision of Title 30 of the Texas Administrative Code (TAC), Chapter 288, concerning drought contingency and emergency water management plans for retail or wholesale water suppliers became effective on January 10, 2008. This revision requires all public water suppliers serving 3,300 or more connections to submit an updated drought contingency and emergency water management plan to the Texas Commission on Environmental Quality (TCEQ) and to update the plan every five years thereafter. The updated plan also separates the Water Conservation Plan from the Drought Contingency and Emergency Water Management Plan. As water conservation becomes more customary and expected, staff can foresee each plan having their own independent revisions in the future and recommends separating the two plans at this time. The city has developed a Drought Contingency and Emergency Water Management Plan that will conserve the available water supply in times of drought and emergencies, maintain supplies for domestic water use, sanitation use, and fire protection. The plan is also designed to protect and preserve public health, welfare, and safety. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO. 3046 AMENDING SECTION 78- 61(A) AND ADDING A NEW SECTION OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO REVISE THE WATER RATIONING SCHEDULE, AND ADOPTING A NEW DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. City Council Minutes April 13, 2009 Page 8 E.2 PW 2009-010 APPROVE AMENDING SECTION 78-62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES REVISING THE WATER CONSERVATION PLAN - ORDINANCE NO. 3047 APPROVED Jimmy Cates, Public Works Operations Manager presented a PowerPoint presentation and summarized the item. The City of North Richland Hills last updated its Water Conservation Plan in 2006. At that time the plan complied with all TCEQ requirements. Recently, the TCEQ updated their water conservation requirements and now the City must revise its existing plan in order to meet the new requirements. The main goal of a Water Conservation Plan is to reduce the quantity of water required for "every water using" activity, as can reasonably be done. The Water Conservation Plan is being treated as a separate item from the Drought Contingency and Emergency Water Management Plan. COUNCILMAN BARTH MOVED TO APPROVE ORDINANCE NO. 3047. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. GENERAL ITEMS F.1 GN 2009-017 CONSIDER AN AMENDMENT TO CHAPTER 34, SECTION 34-33 SPECIFIC NUISANCES -ORDINANCE NO. 3044 APPROVED JoAnn Stout, Neighborhood Services Director presented the item. The proposed amendment to the nuisance ordinance will enhance the ability of the code/police officer to enforce noise complaints by specifically defining a "reasonable" sound pressure level measured at the property line of which the noise is being created. The proposed amendment would not allow a sound pressure level to exceed 65 decibels - A Scale - daily from 7:00 a.m. to 10:00 p.m. and 55 decibels between 10:00 p.m. to 7:00 a.m. This range is consistent with sound pressure levels in other zoning districts. The proposed amendment also includes exceptions to the above levels by exempting noise generated by City approved events and specifically stating that noise produced by gas drilling productions shall be regulated by Chapter 104 of the Code of Ordinances and shall not be subject to this provision. This is not specified in the existing ordinance and will help in eliminating any confusion should one arise. COUNCILMAN WHITSON MOVED TO APPROVE GN 2009-017, ORDINANCE NO. 3044. MAYOR PRO TEM TURNAGE SECONDED THE MOTION.. City Council Minutes April 13, 2009 Page 9 MOTION TO APPROVE CARRIED 6-~0. F.2 GN 2009-021 2009 VICTIM COORDINATOR LIAISON GRANT - RESOLUTION NO. 2009-013 APPROVED Andy Kancel, Assistant Police Chief presented the item. The City of North Richland Hills would benefit from collaboration with the City of Richland Hills, the City of Haltom City and the City of Watauga to fund a joint Crime Victim Liaison position. The Texas Office of the Attorney General (OAG) offers a grant of up to $39,000 to fund such a position. No matching funds are required but are allowed. The North Richland Hills Police Department plans to use the proceeds of this grant award to assist in paying the salary of a Crime Victim Liaison. The balance of the portion required by the City of North Richland Hills, approximately $10,000 annually, will be funded through the Special Investigations Seized Fund. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION NO. 2009-013, COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6~0. EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda B.1 DELIBERATE THE LEASE OF CITY PROPERTY (MINERAL LEASES) Elizabeth Reining, Assistant to the City Manager presented the item. Chesapeake Energy has approached the City with interest in leasing the minerals at the Fire Station No. 4 located at 7245 Hightower Drive (2.911 acres). The City owns half of the minerals (1.4555 acres). The lease terms are $5,000 per acre, 25% royalties and a 2 year lease term. COUNCILWOMAN COMPTON MOVED TO APPROVE THE MINERAL LEASE AUTHORIZING THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE AGREEMENT. COUNCILMAN WHITSON SECONDED THE MOTION. City Council Minutes April 13, 2009 Page 10 MOTION TO APPROVE CARRIED 6-~. B.2 DELIBERATE THE OFFER OF A FINANCIAL INCENTIVE - GALLOWAY BRANCH CREEK BRIDGE Craig Hulse, Economic Development Director presented the item. In 1995 the City was awarded ISTEA (Intermodal Surface Transportation Efficiency Act) funds for a trail network providing access to and around North Hills Hospital and other health related facilities. In order to comply with the requirements associated with the ISTEA grant, the trail network required a 14' wide bridge crossing over Calloway Creek. As such, the City and Laverne Butterfield, L.C. have agreed in principle to developing a 14' wide, 145' foot long bridge under the following parameters: Owner agrees to: • Design and engineer bridge to City requirements and specifications • Construct bridge upon City approval and granting of permits • Pay all costs to bridge contractor directly • Transfer bridge ownership to City upon completion City to agree to: • Reimburse owner any cost that exceeds $240,000 behind the estimate dated April 6, 2009, with such reimbursement not to exceed $250,000 o Funding available within City's current 08/09 Capital Budget • Payment of $125,000 within 10 days after proof of order, the balance within 15 days after completion and proof of costs • Forego 100% of City permit and inspection fees related to bridge development • Assume bridge ownership, specifically for maintenance and operations COUNCILMAN SAPP MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH LAVERNE BUTTERFIELD, L.h', TO CONSTRUCT A BRIDGE OVER GALLOWAY CREEK, CONNECTING NORTH HILLS HOSPITAL AND GALLOWAY CREEK SURGERY CENTER THAT IS CONSISTENT WITH THE OUTLINED CONDITIONS. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. B.3 CONSULTATION WITH ATTORNEY ON LITIGATION ON SETTLEMENT OF DAVIS VS. NRH George Staples, City Attorney presented the item. The Davis vs. NRH litigation case has been pending for some time. The City won this case a year and half ago and City Council Minutes April 13, 2009 Page 11 received a favorable judgment against all officers and the former Chief of Police. The only matter that was still pending was the action against former Officer Hill who was represented by another attorney but paid by the City. Recently, the City was informed that in mediation this matter has been tentatively resolved for less than the cost that the city could anticipate paying for the defense of this action. While there is no doubt that Officer Hill was blameless in this matter, staff recommends paying the amount. MAYOR PRO TEM TURNAGE MOPED TO AUTHORIZE THE EXPENDITURE OF $1 Ox,xxO TO SETTLE THE REMAINING PORTION OF THE DAMS CASE AGAINST FORMER OFFICER HILL WHICH AMOUNT IS LESS THAN THE PROJECTED COST OF HIS LEGAL DEFENSE, TO AMEND THE 2008/x9 GENERAL FUND OPERATING BUDGET OF $1xx,xox FOR LEGAL EXPENSES AND TO APPROPRIATE GENERAL FUND UNDESIGNATED UNRESERVED FUND BALANCE BY A LIKE AMOUNT. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED s-x. B.4 DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, DUTIES OF COUNCIL APPOINTED POSITIONS -CITY MANAGER No action needed. Mayor Trevino commended Debbie York, Neighborhood Services Manager and her husband for planting flowers at Neighborhood Services on her own time. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilwoman Compton made the following announcements. The Sounds of Spring Concert Series continues every Friday night through May 8th at NRH2O. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring blankets and lawn chairs. For more information, call 817-427-6600 or visit www.soundsnrh.com. Don't forget to register your team for Companies in Action. The Companies in Action bowling tournament is scheduled for Saturday, April 18th. For more information, please call 817-427-6600. City Council Minutes April 13, 2009 Page 12 The NRH Animal Adoption & Rescue Center will host a low cost pet vaccination clinic from 10 am to noon on Saturday, April 25th at Linda Spurlock Park. Rabies vaccinations will be offered for only $5. Residents can also register their pet and get a city license tag for $7. Linda Spurlock Park is located at 6400 Glenview Dr. For more information please call 817-427-6570. Kudos Korner -Karen Raborn, NRH Public Library. A card was received from a resident complimenting the City on the beautiful new Library facility and praising the Library staff. During his recent visit, all members of the library staff were extremely friendly and helpful. Karen Raborn was particularly helpful in demonstrating how to use the self service checkout. The library is very functional and the resident said he plans on using it often. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:07 p. .and th Mayor for a Day Samuel Smith for attending. ~~ ino -Mayor ATTEST: City Secretary ~~ n ~ z ~ o j.~ /ltr.... /~ ..a~