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CC 2009-07-27 Minutes
MINUTES 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 -JULY 27, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of July, 2009 at 5:45 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 Tom Lombard 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 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 JoAnn Stout Director of Neighborhood Services Craig Hulse Economic Development Director Thomas Powell Fleet Services Director Greg VanNieuwenhuize Assistant Public Works Director Debbie York Environmental Resources Coordinator Jamie Brockway Purchasing Manager Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting No items were discussed. City Council Minutes July 27, 2009 Page 2 A.2 IR 2009-072 Iron Horse Golf Course 20th Anniversary Ms. Vickie Loftice, Managing Director, advised that the Golf Course would be celebrating this year its 20t" year of operations. An official celebration and reception is planned for September 17. There will be afour-person golf scramble at 2:00 p.m. followed by a reception at 6:00 p.m. in the pavilion. Council was advised of several improvements that will be completed or nearing completion for the celebration. Staff is also recommending changes to the food and beverage operations and naming the grill at the Clubhouse to CA's Grill. CA's chicken fried steak and cheese soup would be introduced as new menu items. Staff also proposed to Council replacing the Iron Horse entry sign with a new monument sign. After discussion, Council concurred with the naming of the grill to CA's Grill, but was opposed to replacing the entry sign. Council was supportive of Staff exploring some type of additional signage to market CA's Grill. A.3 IR 2009-073 Update on Council Goal Action Items Ms. Elizabeth Reining, Assistant to City Manager, updated the Council on the progress of the City Council's Goals since adoption in April and the first progress report given to Council in May. Ms. Reining summarized the status of the 193 action items: • 112 action items are continuing • 8 actions items are completed; increased from 5 action items completed in May • 48 are in progress; reduced from 50 action items in progress in May • 25 are not started; reduced from 27 not started in May. Most of the action items not started are items that require outside involvement that has been delayed. Ms. Reining reviewed with Council the action items listed under Implement Loop 820 Study objectives and their status. There were no questions from the 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 551.071 Texas Government Code for Consultation with Attorney regarding Pendin Litigation 1) Friend v. City of North Richland Hills, et al - No. 342-218419-06 2) Home Town Urban Partners, Ltd. v. City of North Richland Hills - No. 096-236530- 09 3) Venue at Hometown v. City of North Richland Hills et al Inspector - No. 352- 237213-099 4) Equal Employment Opportunity Commission v. City of North Richland Hills - 3:08-CV- 01358 City Council Minutes July 27, 2009 Page 3 Mayor Trevino announced at 5:57 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 to consult with the Attorney on the following litigation: 1) Friend v. City of North Richland Hills, et al - No. 342-218419-06; 2) Home Town Urban Partners, Ltd. v. City of North Richland Hills - No. 096-236530-09; 3) Venue at Hometown v. City of North Richland Hills et al Inspector - No. 352-237213-099 4) Equal Employment Opportunity Commission v. City of North Richland Hills - 3:08-CV-01358. C.0 Adjournment Mayor Trevino announced at 6:53 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 July 27, 2009 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard 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 Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Attorney City Council Minutes July 27, 2009 .Page 4 A.1 INVOCATION Councilman Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) RECOGNIZE DAVID SLICK FOR BREAKING THE WORLD RECORD FOR JUGGLING (4 OBJECTS) Councilman Whitson presented a Certificate of Recognition to David Slick for breaking the Guinness World Record for the longest duration juggling 4-objects for 2 hours and 23 minutes on.March 1, 2009. Councilman Whitson also recognized Mr. Slick for last week unofficially breaking. another world record at the NRH Library by juggling 3 objects for just over 12 hours. Mr. Slick will be submitting this achievement to the Guinness World Record for certification. Mr. Slick performed for Council a juggling routine. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) KEEP NRH BEAUTIFUL YARD OF THE MONTH Ms. Holly Bullington, Keep NRH Beautiful Commission Member and Councilman Lewis recognized the following Yard of the Month recipients for July: JoAnn Dickerman, 3500 Sheridon Drive; Gene & Judy Richards, 4328 Booth Calloway Road; Norman & Diana Robinson, 6613 Carston Court; Muriel Covington, 7504 Susan Court; Sally Yarbray, 5955 Winter Park Drive; Lynda Simpson, 7212 Oldham Place; Crystal Crawford, 7012 Stephanie Court; Tommy & Pat Walling, 7812 Woodhaven Dr.; Randy Word, 7605 Bridlewood Court. Grayson Ridge Apartment Homes, 6902 Northeast Loop 820, was recognized as the Business Landscape winner. City Council Minutes July 27, 2009 Page 5 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 JULY 13, 2009 CITY COUNCIL MEETING B.2 PW 2009-025 AWARD BID N0.09-032 FOR THE CONSTRUCTION OF THE HOLIDAY LANE /COLLEGE CIRCLE WATER LINE PROJECT (UT0805) TO PATCO UTILITIES, INC. IN THE AMOUNT OF $349,781.49 COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS No items for this category. PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. City Council Minutes July 27, 2009 Page 6 PUBLIC WORKS E.1 PW 2009-024 APPROVE BIG FOSSIL CREEK SEWER LINE PROJECT AND REVISE THE 2008-2009 CAPITAL IMPROVEMENTS PROJECT BUDGET TO INCLUDE FUNDING FOR THIS PROJECT APPROVED Mr. Jimmy Cates, Operations Manager, presented the item. In 2007 severe storms and flooding in north Texas and Tarrant County occurred. Flood waters along Big Fossil Creek through Iron Horse Golf Course, caused washouts in the streambed, exposing an 18-inch diameter sanitary sewer line in two locations. The line was temporarily stabilized at the time by the Public Works Department. The City was able to apply for aid to help mitigate further damages to the sanitary sewer line under Federal Emergency Management Agency (FEMA) disaster declaration. Since the main was not in immediate risk of leaking staff did not include the project in the 2008-2009 CIP budget and waited to verify if funding would be approved by FEMA. FEMA has approved the funding as a 75 percent (federal) and 25 percent (local) split. The City will pay for all costs associated with the project design and construction upfront and after completion, the project will be submitted for reimbursement. For public assistance projects under federal disaster declarations, a written agreement is not required by FEMA. The FEMA project worksheet describes the damages and scope of work to be performed. As part of the agreement, FEMA has specified that the City must complete construction of the project by June 29, 2009. The City has filed for a project extension and received approval for an additional six months. A budget revision is necessary to authorize funding prior to the City's next budget cycle to allow for design and construction activities to be completed within the allotted timeframe. Engineering and construction costs are estimated for $220,000, with the City's share of the project costs totaling $55,000. Staff is recommending approval of the Big Fossil Creek Sewer Line Project and revising the 2008-2009 Capital Improvements Project Budget to fund the City's share of $55,000 and the remaining upfront balance for reimbursement of $165,000 for a total of $220,000. COUNCILMAN WELCH MOVED TO APPROVE PW 2009-024. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes July 27, 2009 Page 7 E.2 PW 2009-026 APPROVE PUBLIC WORKS DESIGN MANUAL - RESOLUTION NO. 2009-025 APPROVED Mr. Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. The Public Works Design Manual was last revised in February 2007. The manual specifies the design and construction standards for developer funded construction projects and City funded Capital Improvement Projects. Staff is recommending the manual be updated in three areas as a result of 1) changes in federal and state regulations; 2) a need to clarify existing requirements; and 3) a desire for improved development standards. COUNCILMAN WELCH MOVED TO APPROVE PW 2:009-026, RESOLUTION NO. 2009-025. COUNGILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.3 PW 2009-027 PARTIAL RELEASE OF LIEN ON GRAHAM PROPERTY- RESOLUTION NO. 2009-026 APPROVED Mr. Mike Curtis, Managing Director, presented the item. In 1998 the City entered into a City/Developer Agreement with Billy J. Graham. The agreement pertained to Hightower Drive street improvements and Calloway Branch Channel improvements and allowed Mr. Graham to defer payment for assessment costs until his property sold. Mr. Graham previously sold approximately 56 acres and after payment, a partial release of lien was granted for the 56 acres. Mr. Graham is now requesting a partial release of lien on 3.047 acres of land recently sold. COUNCILMAN WHITS©N MOVED TO APPROVE PW 2009-027, RESOLUTION NO. 2009-026. MAYOR PRO TEM TURNAGE SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0, City Council Minutes July 27, 2009 Page 8 GENERALITEMS F.1 PU 2009-027 AWARD BID NO. 09-021 FOR BUNKER SAND REMOVAL AND REPLACEMENT PROJECT AT IRON HORSE GOLF COURSE TO LANDSCAPES UNLIMITED, IN THE AMOUNT OF $72,401 APPROVED Ms. Vickie Loftice, Managing Director, presented the item. The 2008/2009 adopted CIP Budget includes funding to remove and replace bunker sand contaminated with silt, mud and vegetative debris as a result of food waters during the 2007 spring weather season. The project is approved by FEMA's Disaster Relief for Tarrant County. The construction documents allowed for a base bid consisting of the removal and replacement of drainage fabric and sand in accordance with the special requirements and specifications outlined by FEMA. An alternate bid was included to have Iron Horse to do the work if bids came in higher than anticipated. Total available funding for the project is $141,081 with FEMA reimbursing the City for 75% of the total cost of the project. The project was bid as required and Staff is recommending accepting the base bid submitted by the low bidder, Landscapes Unlimited for a total contract of $72,401. COUNCILMAN LEWIS MOVED TO APPROVE PU 2009-027, AWARDING BID NO. 09-021 FOR BUNKER SAND REMOVAL AND REPLACEMENT PROJECT AT IRON HORSE GOLF COURSE TO LANDSCAPES UNLIMITED, IN THE AMOUNT OF $72,401. COUNCILMAN SAPP SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-O. F.2 PU 2009-028 APPROVE THE PURCHASE OF A 75' AERIAL QUINT APPARATUS TO TYLER MOTOR COMPANY IN THE AMOUNT OF $738,500 APPROVED Mr. Thomas Powell, Director of Fleet Services, presented the item. The 2008-09 Capital Improvements Budget included funding to replace a 1986 Sutphen aerial apparatus. Quotes were received as required by statute, and after review by Staff, the recommendation is to purchase the apparatus from Tyler Motor Company. COUNCILMAN WELCH MOVED TO APPROVE PU 2009-028, APPROVING THE PURCHASE OF A 75 FEET AERIAL QUINT APPARATUS TO TYLER MOTOR COMPANY IN THE AMOUNT OF $738,500. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes July 27, 2009 Page 9 F.3 PU 2009-029 AWARD BID NO. 09-031 FOR THE AEGON LIFT STATION EXPANSION TO AUI CONTRACTORS, INC. IN THE AMOUNT OF $966,060.00 APPROVED Mr. Jimmy Cates, Operations Manager, presented the item. The project is included in the 2008/2009 Capital Improvements Budget and will replace the existing raw sewage lift station and enlarge the upstream lines. Staff is recommending the project be awarded to AUI Contractors, Inc., the lowest bidder. MAYOR PRO TEM TURNAGE MOVED TO APPROVE PU 2009-029, AWARDING BID NO. 09-031 FOR THE AEGON LIFT STATION EXPANSION TO AUI CONTRACTORS, INC. IN THE AMOUNT OF $966,060.00. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 PU 2009-030 AWARD BID NO. 09-033 GOLF CART LEASE TO E-Z-GO FOR 36- MONTHS IN THE AMOUNT OF $284,674.32 APPROVED Mr. Thomas Powell, Director of Fleet Services, presented the item. The annual Golf Course Budget includes monthly lease payments for golf and utility carts. The current lease with Yamaha Golf Car Company expires in August. Bids were received by the City and after evaluation by Staff, the recommendation is to award the bid to the lowest bidder meeting all bid specifications, E-Z Go. The new lease agreement is for full warranty on all components on the entire cart including batteries, electric motors, suspension, rear axle assemblies and battery charging system. COUNCILMAN LOMBARD MOVED TO APPROVE PU 2009-030, AWARDING BID NO. 09-033 GOLF CART LEASE TO E-Z-GO FOR 36-MONTHS IN THE AMOUNT OF $284,674.32. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. City Council Minutes July 27, 2009 Page 10 F.5 GN 2009-054 AMENDING CHAPTER 66-3 (4) RESIDENTIAL COLLECTION; CONDITIONS AND CONTAINER PLACEMENT - ORDINANCE NO. 3059 APPROVED Ms. Debbie York, Environmental Resources Coordinator, presented the item. The item is a housekeeping item. The current ordinance allows trash containers to be placed at the curb at noon prior to the day of pickup or 12 hours prior to the day of trash pick up. The intent of the ordinance was 12 hours prior to the 7:00 a.m. trash pick up or no earlier than 7:00 p.m. the day before. The amendment specifies that trash and trash containers cannot be placed at the curb prior to 7:00 p.m. the night before the scheduled pickup. COUNCILMAN EARTH MOVED TO APPROVE ORDINANCE NO. 3059, GN 2009-054. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED T-O. F.6 GN 2009-053 APPOINTMENT TO ZONING BOARD OF ADJUSTMENT -PLACE 2A APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Place 2A on the Zoning Board of Adjustment is currently vacant. Councilman Sapp is recommending the appointment of Brian Crowson to the position. Mr. Crowson has been serving on the Substandard Building Board and would like to move to the Zoning Board of Adjustment. COUNCILMAN SAPP MOVED TO APPROVE GN 2009-053, APPOINTING BRIAN CROWSON TO PLACE 2A ON THE ZONING BOARD OF ADJUSTMENT,.. TERM EXPIRING JUNE 3O, 2010. COUNCILMAN LEWIS SECONDED THE MOTION... MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. City Council Minutes July 27, 2009 Page 11 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Turnage made the following announcements. The North Richland Hills Recreation Center invites residents to attend its annual Rec Expo & Open House from 9 a.m. to 1 p.m. on Saturday, August 1st. Visitors will learn about the many programs and services offered at the Recreation Center. There will also be demonstrations, door prizes and discounts on Fall programs. For more information, please call 817-427-6600. North Richland Hills is offering Think Green education classes at the Recreation Center. The next class will focus on Green Housekeeping. It will be held from 10 a.m. to Noon on Saturday, August 8th. The cost is only $10. To register or get more details, please call 817-427-6600. The City of North Richland Hills conducts a test of the 10 outdoor emergency warning sirens on the 1st Wednesday of each month. The next test is scheduled for 1 p.m. on August 5th. The test will not be performed if threatening weather is near or there is low cloud cover. For more information, please call 817-427-7007. Kudos Korner -Gaylon Cremeen, Public Works Department. A resident called to thank Gaylon and his crew for responding quickly to her request for sandbags. They promptly brought the sandbags out and placed them where she needed them, which was a big relief to her. She is also thankful for the CodeRED system that lets her know about approaching storms and other emergencies. H.2 ADJOURNMENT H LAN. o adjourned the meeting at 7:50 p.m. ~~r n ~t< ~ s,- Z r ~~ ,~. h _j~, ~G~.fiucra ~~~o~-- Patricia Hutson, City Secretary Oscar Trevino -Mayor