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HomeMy WebLinkAboutCC 2010-05-10 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 -MAY 10, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of May, 2010 at 6:00 p.m. in the City Council Workroom 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: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety 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 VanNieuwenhuize Assistant Public Works Director Eric Wilhite Chief Planner Mark Mills Budget Director Stephanie East Environmental Health Supervisor Chris Swartz NRH2O Park Manager Sharon Davis Park and Recreation Assistant Director Craig Hulse Economic Development Director Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Re ular Cit Council Meetin City Council Minutes May 10, 2010 Page 2 There were no questions from the Council. Mayor Trevino clarified that for Item C.1 SUP 2010-01 the public hearing would be continued until a later date and that Staff was recommending a second item (F.1 - GN 2010-029) be postponed. A.2 IR 2010-036 Volunteer Social Transportation for Seniors Update Ms. Vickie Loftice, Managing Director, briefly updated the Council on the history of the Social Transportation for Seniors program, the program's growth and its current status. The program's purpose is to reduce senior isolation by providing transportation for leisure and social activities and is available to North Richland Hills residents over the age of 62. Rides are provided Monday through Friday within a seven mile radius of Mid-Cities and Davis Boulevard. Ms. Loftice introduced members of the Board of Directors and the program volunteers who were present. Rosa Alvarado and John Kruzel, volunteers shared with Council some of their gratifying experiences as volunteers with the program. A.3 IR 2010-037 Status Report on Capital Improvement Projects Mr. Mark Mills, Budget Director, presented a PowerPoint presentation updating Council on the status of the following capital improvement projects: • Briley Drive (Lariat to Rufe Snow) • Rufe Snow Drive (Karen to 820) • Yarmouth Avenue (Mid-Cities to Newcastle) • Odell Street Drainage Improvements • Little Bear Creek Trail / Calloway Branch Trail Development • Grand Avenue Park Plaza and Public Art There were no questions from the Council. Mayor Trevino asked for a future presentation to update the Council on the 2003 bond program projects with the update to include the approved program projects, the timeline for the projects and their completion dates and remaining projects to be completed. A.4 IR 2010-039 North Richland Hills Market Study -Status Update Mr. Craig Hulse, Economic Development Director, presented a PowerPoint presentation providing a status update on the Market Study and the preliminary findings. The preliminary findings for the five trade areas showed further research recommended for West Loop 820, Calloway Creek Commercial Area, HomeTown/Smithfield and North Tarrant. The findings of the 121/183 Gateway trade area were to recommend delay City Council Minutes May 10, 2010 Page 3 research because of transportation and access issues, the significant retail surplus in close proximity to the Northeast Mall and the need for a plan to determine redevelopment opportunity. RECESS TO REGULAR SESSION Mayor Trevino recessed the work session at 6:39 p.m. and announced that Council would convene into Regular Session and would return after Regular Session to discuss the Executive Session item. A.4a EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551 Texas Government Code Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No 096-236530-09)' 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No 067-241297-09)• 3) Venue at Hometown vs. City of North Richland Hills et al (No 352-237213- 0 Council convened in Executive Session following the regular council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order May 10, 2010 at 7:00 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 City Council Minutes May 10, 2010 Page 4 Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney 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) - PROCLAMATION FOR MOTORCYCLE SAFETY AND AWARENESS MONTH PRESENTED BY MAYOR PRO TEM TURNAGE Mayor Pro Tem Turnage presented a proclamation to members of the Patriots Motorcycle Club proclaiming the month of May as Motorcycle Safety and Awareness Month. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) - PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK PRESENTED BY COUNCILMAN WELCH Councilman Welch presented a proclamation to the Public Works Department staff for National Public Works Week. Mike Curtis, Managing Director acknowledged the Public Works staff and thanked them for all their hard work. City Council Minutes May 10, 2010 Page 5 A.5 SPECIAL PRESENTATION(S) AND RECOGNITIONS) - PROCLAMATION FOR POLICE WEEK PRESENTED BY COUNCILMAN SAPP Councilman Sapp presented a proclamation to Jimmy Perdue, Director of Public Safety for Police Week and Peace Officers Memorial Day. A.6 SPECIAL PRESENTATION(S) AND RECOGNITIONS) - BUSINESS RECOGNITION FOR EXCEPTIONAL PERFORMANCE IN FOOD SAFETY PRESENTED BY COUNCILMAN BARTH Stephanie East, Environmental Health Supervisor and Councilman Barth recognized the following for exceptional performance in food safety for the first quarter of 2010: Popeye's, 8393 Boulevard 26; Cinemark Movies 8, 7560 N.E. Loop 820; and Chicken Express, 5100 Davis Blvd. A.7 CITIZENS PRESENTATION None. A.8 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF APRIL 26, 2010 CITY COUNCIL MEETING MAYOR PRO TEM TURNAGE MOPED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes May 10, 2010 Page 6 PUBLIC HEARINGS C.1 SUP 2010-01 OPEN PUBLIC HEARING AND CONTINUE CONSIDERATION OF A REQUEST FROM QUIKTRIP FOR A SPECIAL USE PERMIT FOR A CONVENIENCE STORE/GAS STATION WITH NINE FUELING STATIONS OR MORE LOCATED AT THE SOUTHWEST CORNER OF NE LOOP 820 AND RUFE SNOW DRIVE (CONTINUATION FOR JUNE 14, 2010 CITY COUNCIL MEETING) PUBLIC HEARING CONTINUED TO JUNE 14. 2010 Mayor Trevino opened the public hearing and announced that the applicant is requesting the City Council to continue item C.1 (SUP 2010-01) to the City Council Meeting set for June 14, 2010. COUNCILMAN LEWIS MOVED TO CONTINUE SUP 2010-01 TO THE JUNE 14, 2010 CITY COUNCIL MEETING. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO CONTINUE SUP 2010-01 CARRIED 7-0. C.2 FP 2009-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J & J NRH 100, FLP TO APPROVE A FINAL PLAT CONSISTING OF LOTS 11-17, BLOCK 8 AND LOTS 7-19, BLOCK 9, THORNBRIDGE EAST PHASE IV ADDITION. ALSO INCLUDED IS A REPEAT OF LOT 7, BLOCK 8 AND LOT 5, BLOCK 9, THORNBRIDGE EAST PHASE III ADDITION INTO LOT 7R, BLOCK 8, AND LOT 5R, BLOCK 9, THORNBRIDGE EAST PHASE IV ADDITION (LOCATED IN THE 8900 BLOCK OF GLENDARA DRIVE - 6.791 ACRES.) CONTINUE Mayor Trevino opened the public hearing and called for the applicant to come forward. Mark Long, 9115 Rumfield Road, representing the applicant came forward. He was available to answer any questions the Council might have. Eric Wilhite, Chief Planner, presented the item. Item is to consider a request from J & J NRH 100, FLP (John Barfield) to plat a 6.791 acre tract for development of single family residences. A total of 22 lots are being platted in this addition with the majority being approximately 80' x 120'. Two new residential streets and an extension of the existing Glendara Drive are proposed which will form a loop configuration. Mr. Wilhite noted that a large portion of the request is for a final plat but the applicant is also replatting three lots in order to tie the subdivision into a previously subdivided area of Thornbridge. The residential replat requires the public hearing. The Planning and Zoning Commission recommended approval by a 4-0 vote. Mr. Wilhite clarified that for a residential replat the property owners within 200 feet of the subject lots within the City Council Minutes May 10, 2010 Page 7 subdivision are required to be notified. Everyone that was required to be notified by State regulations had been notified; however one of the maps included with the notification letter had more of a zoning type designation and did not properly delineate the area of replat. Staff has corrected how the replat areas are delineated on the maps. At the request of Council, Mr. Wilhite addressed the gas well drilling and its impact on the development. All 22 of the proposed lots are within 600 feet of the Morrow-Stevens gas well pad site, located to the south of the subject development. Several lots are also within 300 feet of the actual drill holes. The City's gas drilling ordinance requires the permission from the property owners of lots within this 300 feet grant permission for drilling. Based on the timing of construction and completion of street and lot infrastructure, building permits could be applied for to construct new homes prior to Chesapeake completing its drilling operations. This could effect the drilling operations at this pad site. Both the developer and Chesapeake Energy are aware of the circumstances and the provisions in the City of North Richland Hills Gas Drilling ordinance as it pertains to residential building permits occurring and how this could effect the drilling operations at the site. Mayor Trevino called for anyone wishing to speak in favor of the item to come forward. There being none, Mayor Trevino called on those opposed to come forward. The following individuals spoke in opposition to the request referring to the Little Bear Creek Ordinance and citing concerns with the protection of the Little Bear Creek corridor. Council was shown pictures of how Little Bear Creek had been adversely impacted environmentally. Steve and Laurel Morrow, 8809 Kirk Lane Mayor Pro Tem Turnage advised that the following citizens did not wish to speak but wanted to go on record as being in opposition to the request. Rick Stevens, 7132 Stonybrooke Drive Lucille Stevens, 9201 Kirk Lane Frank Ross, 8541 Neil Court Mayor Trevino closed the public hearing and called for the motion. MAYOR PRO TEM TURNAGE MOPED TO APPROVE FP ZO09-O9. Motion died for lack of a second. COUNCILMAN BARTH MOPED TO DENY FP ZQ09-Q9. COUNCILMAN LEWIS SECONDED THE MOTION. City Council Minutes May 10, 2010 Page 8 After a brief discussion, Council requested for staff to provide Council with more information on the item and to address the environmental concerns presented. City Attorney Staples advised that the motion would need to be made to continue with an extension of 30 days rather than deny and that the applicant would need to request the extension. Mr. Mark Long came forward and requested Council to extend the item for 30 days. Councilman Barth and Councilman Lewis withdrew the motion to deny. MAYOR PRO TEM TURNAGE MOPED TO GRANT THE APPLICANTS REQUEST TO CONTINUE FP 2009-09 WITH A 3O DAY EXTENSION,. COUNCILMAN SAPP SECONDED THE MOTION, MOTION TO CONTINUE FP 2009-09 CARRIED 7-O. C.3 GN 2010-028 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE READOPTING YOUTH PROGRAMS STANDARDS OF CARE- ORDINANCE NO. 3084 APPROVED Mayor Trevino opened the Public Hearing. Adrien Pekurney, Recreation Center Manager, presented the item. The item is to consider approval of an ordinance readopting the North Richland Hills Youth Programs Standards of Care. Because the Parks Department offers day camp programs for children ages five to thirteen, the City must meet day care licensing requirements or file for an exemption of the Child Care Standards and Regulations. To receive exempt status, municipalities must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards. The Park and Recreation Department's day camp program meets and in some areas exceeds many of the standards listed in the state's Child Care Standards and Regulations. All of the Standards of Care in the Parks Department's day camp policies and procedures have been in place for several years and are used in the staff training process prior to camp starting each year. The exemption application and formal adoption of the Youth Programs Standards of Care and ordinance is an annual requirement. Staff recommends approval of the ordinance following the public hearing and public input. Mayor Trevino called for anyone wishing to speak in favor or against the program There being no one wishing to speak, Mayor Trevino closed the public hearing. City Council Minutes May 10, 2010 Page 9 COUNCILMAN LOMBARD MOVED TO APPROVE ORDINANCE NO. 3084, COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE GARRIED 7-II. D.0 PLANNING & DEVELOPMENT There were no items for this category. PUBLIC WORKS E.1 PW 2010-019 APPROVE ORDINANCE AMENDING SECTION 2-233 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, AUTHORIZING THE CITY MANAGER TO EXECUTE RELEASES AND PARTIAL RELEASES OF LIENS UPON RECEIPT OF SUMS DUE -ORDINANCE NO. 3092 APPROVED Greg VanNieuwenhuize, Public Works Assistant Director, summarized the item. City Council is being asked to allow the City Manager to execute full releases of liens, and partial releases of liens on behalf of the City upon receipt of the appropriate sums secured by such liens. The current provision limits the City Manager's authority to execute releases to full releases as part of his authority to compromise the claim. There is no authority for partial releases and no reason to limit such authority if there is no compromise of the claim. Staff is recommending approval of Ordinance No. 3092 that would allow the City Manager to execute both full lien releases and partial lien releases, upon the City receiving the appropriate sums. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO, 3092. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. E.2 PW 2010-020 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $49,900 TO BIRKHOFF, HENDRICKS & CARTER, L.L.P. FOR THE TERRY DRIVE (SUSAN LEE LANE TO NORTH RICHLAND BOULEVARD) STREET IMPROVEMENTS PROJECT (ST1003) APPROVED City Council Minutes May 10, 2010 Page 10 Greg VanNieuwenhuize, Public Works Assistant Director, summarized the item. The item is to consider the award of a professional services agreement for the Terry Drive street improvements project. The City requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 35 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional service agreement to Birkhoff, Hendricks & Carter, LLP in an amount of $49,900. MAYOR PRO TEM TURNAGE MOVED TO APPROVE PW 2010-020, COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. E.3 PW 2010-021 AWARD A PROFESSIONAL SERVICES AGREEMENT TO HALFF ASSOCIATES, INC. IN THE AMOUNT OF $77,000 FOR THE MACKEY DRIVE (BRILEY DRIVE TO GLENVIEW DRIVE) STREET IMPROVEMENTS PROJECT (ST0905) APPROVED Greg VanNieuwenhuize, Public Works Assistant Director, summarized the item. The item is to consider the award of a professional services agreement for the Mackey Drive street improvements project. The City requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 35 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional service agreement to Halff Associates, Inc. in an amount of $77,000. COUNCILMAN SAPP MOVED TO APPROVE PW 2010-021. COUNCILMAN WELCH SECONDED THE MOT[ON. MOTION TO APPROVE CARRIED 7-0. GENERALITEMS F.1 GN 2010-029 DISCUSSION AND CONSIDERATION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2010 AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO -ORDINANCE NO. 3091 POSTPONED City Council Minutes May 10, 2010 Page 11 Larry Koonce, Finance Director, summarized the item. Due to a delay in the audit completion, there has also been a delay in the rating process. It is necessary to delay the sale of the bonds by two weeks to the May 24th meeting. This will give City officials time to meet with the rating agencies and conduct a competitive sale as planned. COUNCILMAN WHITSON MOVED TO POSTPONE GN 2010-029 TO THE MAY 24, 2010 CITY COUNCIL MEETING. COUNCILMAN EARTH SECONDED THE MOTION.. MOTION TO POSTPONE GN 201Q-029 CARRIED 7-0. F.2 GN 2010-027 APPROVAL OF THE NOMINATION OF COLUMBIA NORTH HILLS HOSPITAL SUBSIDIARY, L.P. TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM FOR DESIGNATION AS A TEXAS ENTERPRISE PROJECT -RESOLUTION NO. 2010-018 APPROVED Craig Hulse, Economic Development Director, summarized the item. Staff was approached by Columbia North Hills Hospital Subsidiary, L.P. (North Hills Hospital) in seeking a nomination from the City of North Richland Hills to the State of Texas for an Enterprise Project designation. The Texas Enterprise Zone Program is an economic development tool for local communities to partner with the State of Texas to promote job creation and capital investment. To become eligible, 35% of all future employees hired must meet the Program's economically distressed residency requirement. An economically distressed location falls within a census block group that contains at least 20% of the population living at or below the poverty line. If designated as an Enterprise Project, North Hills Hospital is committing to retain all 763 jobs; of which 416 are considered full-time for purposes of the Texas Enterprise Program. The nomination of North Hills Hospital by the City of North Richland Hills for designation as a State Enterprise Project will not obligate the City to provide any incentives, nor will it have any associated costs to the City. Since there is no adverse impact to local sales and use tax revenues, in addition to North Richland Hills long term interest in the well-being of North Hills Hospital, staff is recommending that the City nominate North Hills Hospital for this program with approval of Resolution No. 2010-018. This Enterprise Project will take effect on Tuesday June 1, 2010, terminating 5 years later on Monday June 1, 2015. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2010-018, NOMINATING NORTH HILLS HOSPITAL AS A TEXAS ENTERPRISE PROJECT. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. City Council Minutes May 10, 2010 Page 12 F.3 GN 2010-030 APPROVE CONTRACT WITH AMERICAN BOTTLING COMPANY FOR PARKS AND RECREATION DEPARTMENT BEVERAGE SPONSORSHIP APPROVED Chris Swartz, NRH2O Park Manager, summarized the item. The item is to consider the approval of a five year contract for the Parks and Recreation Department beverage sponsorship. The City requested proposals in accordance with city policy and proposals were received from two firms. The City staff reviewed and evaluated the proposals and is recommending the award of contract to American Bottling Company. COUNCILMAN SAPP MOVED TO APPROVE GN 201©-030. COUNCILMAN WHITSON 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 Mayor Trevino advised that Executive Session was not held during the work session due to time constraints and that Council will convene in Executive Session following the regular Council meeting. If any action is needed following Executive Session, action will be taken in the City Council Workroom in open meeting and then the Council meeting would be adjourned. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Turnage made the following announcements. The 4th Annual Generation Next Art Exhibit will be on display at the North Richland Hills Public Library from May 13th through May 21st. The exhibit includes art by high school students and teachers from Birdville ISD. For more information, please call 817-427- 6620. City Council Minutes May 10, 2010 Page 13 NRH2O opens for the 2010 season on Saturday, May 15th. Visit nrh2o.com for a complete park schedule and details on all of the special events planned for this summer. For more information, you can also call 817-427-6500. More than 60 local businesses are now participating in the Shop NRH program and offering exclusive discounts and coupons to local residents. To take advantage of these special offers, log on to the City's web site at www.nrhtx.com and click on the Shop NRH link. Kudos Korner -Willie Presley and Kevin Jackson, Public Works Department. A call was received from a resident complimenting Willie and Kevin on their rapid response and quick handling of a stopped up sewer line. They both did a fantastic job and kept him informed about what they were doing and why. They are excellent employees and an asset to the City, the resident said. H.2 ADJOURNMENT TO EXECUTIVE SESSION Mayor Trevino announced at 8:06 p.m. that Council would convene into Executive Session in the City Council Workroom pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09)). Any action needed as a result of Executive Session will be taken following the Executive Session in the City Council Workroom and the Council meeting will be adjourned in the City Council Workroom. Mayor Trevino adjourned the Executive Session at 9:00 p.m. and reconvened the regular session. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. ADJOURNMENT City Council Minutes May 10, 2010 Page 14 Mayor Trevino adjourned the meeting at 9:00 p.m. Oscar Tr ino -Mayor ATTEST: Patricia Hutson, City Secretary 1C H -.: n ~ f ~:' 1r f