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HomeMy WebLinkAboutCC 2010-06-28 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 — JUNE 28, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28 day of June, 2010 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 (present at 5:47 p.m.) Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 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 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 Greg VanNieuwenhuize Assistant Public Works Director Eric Wilhite Chief Planner Dave Pendley Chief Building Official Debbie York Neighborhood Services Manager Chun Mezger Animal Rescue Center Supervisor Kristin Weegar Marketing & Research Coordinator Call to Order Mayor Trevino called the work session to order at 5:30 p.m. City Council Minutes June 28, 2010 Page 2 A.1 Discuss Items from Regular City Council Meeting Agenda Item F.1 PU 2010 -014 — In response to a question from Councilman Welch, Staff advised water storage tanks are typically repainted every 15 years. It is anticipated that the Johnson Ground Storage Water Tank will be around another 15 years at minimum and will need to be repainted in five years. A.2 NTE Subcommittee Updates Mr. Mike Curtis, Managing Director, presented a PowerPoint presentation updating the Council on the three different subcommittees created for the North Tarrant Express project. Mr. Curtis briefed the Council on the project's background and discussed the structure, purpose and activities of the three subcommittees — Traffic Management Subcommittee, Utility Relocation Subcommittee, and Aesthetics Subcommittee. Direction was requested from Council on which type of the Master Utility Adjustment Agreement (MUAA) to utilize. Mr. Curtis explained the two types of agreements and the pros and cons of each — Developer Managed MUAA and City Managed MUAA. The consensus of the Council was to utilize the Developer Managed MUAA. Mr. Curtis also reviewed with Council the baseline elements for aesthetic treatments and explained that the baseline treatments approved in the Comprehensive Development Agreement are below TxDOT's standards for its most recent area highway projects. Councilman Lombard present at 5:47 p.m. Council was advised TxDOT had designated $11.5 million for aesthetic treatments above baseline. Mr. Curtis explained how the Aesthetics Committee identified and selected the treatments above baseline to be funded within the available funds. Council was shown a conceptual overview of what the selected enhancements will look like within North Richland Hills. A.3 BIG Program Update & Proposed Program Enhancements Mr. Craig Hulse, Economic Development Director, presented a PowerPoint presentation briefing the Council on the background of the BIG Program and suggested enhancements to the program. Staff presented the following suggested modifications: Facade Current Proposed Match Rate 50% 25% Grant Maximum $10,000 $20,000 Minimum Project Cost No Minimum $20,000 Approval Committee(s) DRC only DRC + BIG Review Committee City Council Minutes June 28, 2010 Page 3 Signage Current Proposed Match Rate 50% 50% Grant Maximum $3,000 $5,000 Sign Type All Conforming Conforming Monument Only After a brief discussion, Council concurred with the proposed enhancements. The enhancements will be brought back to Council for formal action. 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 Pending Litigation - Graham Associates, Inc. vs. City of North Richland Hills (153- 245913 -10) B.2 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- 09) Mayor Trevino announced at 6:16 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for consultation with attorney regarding pending litigation — 1) Graham Associates, Inc. vs. City of North Richland Hills (153- 245913 -10) and 2) (a) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); (b) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); (c) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09). C.0 Adjournment Mayor Trevino announced at 6:52 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes June 28, 2010 Page 4 REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order June 28, 2010 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: 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 George Staples Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance to the American Flag and Texas Flag. City Council Minutes June 28, 2010 Page 5 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Presentation of the Keep Texas Governor's Community Achievement Award Ms. Kathy Luppy, Chair Keep NRH Beautiful Commission, presented the 2010 Governor's Community Achievement Award and recognized Debbie York, Neighborhood Services Manager and members present from the Keep NRH Beautiful Commission - Doris Tipps, Diane Spradling, Justin Welborn and Holly Bullington. Keep NRH Beautiful Board members accepted the award on behalf of North Richland Hills during the Keep Texas Beautiful 43 Annual Conference awards ceremony on June 23 in Austin. Ms. Luppy presented to Mayor Trevino a ceremonial check for $270,000. The City will receive from TxDOT $270,000 for a landscaping project along a local state right -of -way. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Certificate of Achievement for Economic Excellence Mr. Mike Rosa, Vice President, Economic Development of the Dallas Regional Chamber and member of the Texas Economic Development Council Board of Directors presented the 2009 Award for Economic Excellence to Craig Hulse, Economic Development Director, Kristin Weeger, Marketing and Research Coordinator and Phyl Baloga, Economic Development Administrative Secretary. North Richland Hills was one of four cities recognized across Northeast Tarrant County and one of thirty -five recognized in Texas for commitment to professional economic development by city administration, elected and appointed officials and for exemplary professional standards demonstrated by its economic development staff. A.5 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Proclamation Recognizing Jay Bruner as Recipient of the 2010 Community Builder Award for Smithfield Masonic Lodge #455 Mayor Pro Tem Sapp presented a proclamation to Jay Bruner, Pastor of Center Point Church, recognizing him as recipient of the 2010 Community Builder Award for the Smithfield Masonic Lodge. Mike Myers and Billy Campbell, representatives of the Smithfield Masonic Lodge presented to Mr. Bruner the 2010 Community Builder Award. City Council Minutes June 28, 2010 Page 6 A.6 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Proclamation for National Recreation and Parks Month Councilman Lombard presented a proclamation to Vickie Loftice, Managing Director, recognizing the month of July as National Recreation and Parks Month. Ms. Vickie Loftice recognized team members from the Park and Recreation Department — Sharon Davis, Assistant Director; Teddi Zonker - Visser, Program Coordinator; Joe Pack, Senior Park Planner; Bob Hagin, Athletic Coordinator; Adrien Pekurney, Recreation Center Manager; Kathye McCall, Dan Echols Senior Center Supervisor; and Ron Newman, Program Coordinator. A.7 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Presentation of the Yard of the Month Awards for June Ms. Diane Spradling, Keep NRH Beautiful Commission member and Councilman Turnage recognized the following recipients of the Yard of the Month Awards for June: Sherry Lewis, 6500 Towne Park Drive; Eleanor Thompson, 6720 Oliver; Maryann Felps, 6601 Carston Court; Dylan Cox, 7454 Gentling Lane; Carmen Gisi, 5916 Dripping Springs Court; Debbie Sheffield, 6628 Brookshire Trail; David Reynolds, 8648 Madison Drive; Ed Hendricks, 6878 Rolling Ridge Drive; Brian Pucci & Kathleen Jones, 8520 Steeple Ridge Drive. Sonic, 7608 Boulevard 26 was recognized as recipient of the Business Landscape award and Davis and Angela Tyson, 7554 Terry Drive, were recognized as recipients of the SmartScape Award. A.8 CITIZENS PRESENTATION Mr. Sid Cavanaugh, 6605 Crane Road, spoke on coyotes preying on his animals /livestock. He advised he has lost $4,000 in the last 60 days because of coyotes. He has worked with the City's Animal Control Staff but they do not have the equipment needed. Mr. Cavanaugh advised of a federal program that for $2,500 provides a federal trapper to work with Animal Control Staff for five weeks teaching and training them in the control of coyotes. Mr. Cavanaugh encouraged Council to look into the program. Mayor Trevino asked Jimmy Perdue, Director of Public Safety, and JoAnn Stout, Director of Neighborhood Services to meet with Mr. Cavanaugh. City Council Minutes June 28, 2010 Page 7 A request to speak card was also received from Kent Davis wishing to address the Council during Citizens Presentation to speak on the Municipal Judge. Council Rules of Procedure provide that citizens may speak during citizen presentation on any business that is not formally scheduled on the agenda or scheduled as a public hearing. The appointment of the Municipal Judge is scheduled as Item F -6 on the agenda. Council was advised that at the time Council begins discussion of Item F -6, Council could consider waiving the Rules of Procedure to allow Mr. Davis to speak during the agenda item. A.9 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 14, 2010 CITY COUNCIL MEETING COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS City Council Minutes June 28, 2010 Page 8 No items for this category. GENERAL ITEMS F.1 PU 2010 -014 AWARD BID TO A & M CONSTRUCTION IN THE AMOUNT OF $133,000 FOR THE REHABILITATION OF THE JOHNSON GROUND STORAGE WATER TANK APPROVED Mr. Mike Curtis, Managing Director, presented the item. Council is being asked to award a bid to A & M Construction for the rehabilitation of the Johnson Ground Storage Water Tank. Bids were received for the project in May. The low bidder, Corrosion Eliminators, submitted a bid in the amount of $71,920 and later withdrew its bid due to mathematical errors in their calculations. The second low bid was received from A & M Construction in the amount of $133,000. Staff is of the opinion that the second low bid is reasonable and recommends the bid be awarded to A & M Construction. Because all of the qualified bids exceeded the approved budget of $120,000 awarding the bid to A & M Construction will require a budget revision to the FY 2009/2010 Capital Projects Budget. Councilman Welch commented on the storage tank being constructed in 1961 and questioned what other future costs could be anticipated. Mr. Curtis advised it was anticipated that the tank would be around another fifteen years at a minimum. Typically, every 15 years tanks are repainted and the Johnson Ground Storage Water Tank was last painted ten years ago. It is anticipated that it will need to be repainted in approximately five years. The painting that will be needed in five years is separate from what is being required at this time. MAYOR PRO TEM SAPP MOVED TO APPROVE PU 2010 -014, AWARDING THE BID TO A & M CONSTRUCTION IN THE AMOUNT OF $133,000 FOR THE JOHNSON GROUND STORAGE WATER TANK AND TO REVISE THE FY 2009/2010 CAPITAL PROJECTS BUDGET AS INDICATED ON THE BUDGET REVISION FORMS INCLUDED IN THE AGENDA PACKET. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes June 28, 2010 Page 9 F.2 GN 2010 -047 AMEND SECTION 14 -104 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO DESIGNATE A LOCAL RABIES CONTROL AUTHORITY (LRCA) - ORDINANCE NO. 3097 APPROVED Ms. Chun Mezger, Humane Division Supervisor, presented the item. Item is to consider amending Section 14 -104 of the Code of Ordinances to designate the Humane Division Supervisor position as the Local Rabies Control Authority (LRCA). All municipalities are required by the Texas Health and Safety Code to designate an officer as the LRCA. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -047, ORDINANCE No. 3097. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2010 -049 FY 2011 SOLID WASTE IMPLEMENTATION PROJECT APPLICATION FOR MULTI - FAMILY RECYCLING PILOT GRANT FUNDING — RESOLUTION NO. 2010 -024 APPROVED Debbie York, Neighborhood Services Manager, presented the item. Applications are being accepted by the North Central Texas Council of Governments (NCTCOG) from local governments who are seeking solid waste management funding. Neighborhood Services is requesting approval to submit an application for $43,665 in funding for a Multi - Family Recycling Pilot Program. The program will target the residents of four multi - family properties — The Bluffs, Diamond Ridge, Harwood and The Abbey Apartments. At the end of the grant period the information gathered can be used to encourage setting up recycling in all multi - family complexes. Staff is requesting approval of Resolution No. 2010 -024 authorizing the filing of project applications with the NCTCOG for Regional Solid Waste Program Local Implementation projects. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION No. 2010 -024. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2010 -041 APPOINTMENTS TO ANIMAL CONTROL SHELTER ADVISORY BOARD - PLACES 2 AND 4 APPROVED City Council Minutes June 28, 2010 Page 10 Ms. Patricia Hutson, City Secretary, presented the item. Item is to consider appointments to Places 2 and 4 on the Animal Control Shelter Advisory Board. The ordinance establishing the Board requires the appointment to Place 2 to be a city official and the appointment to Place 4 to be a representative from an animal welfare organization. The recommendation is to reappoint to Place 2 Councilman Lewis and to reappoint to Place 4 Pam Burney, Vice President, Community Outreach, American Society for the Prevention to Cruelty to Animals, terms expiring June 30, 2012. MAYOR PRO TEM SAPP MOVED TO APPROVE GN 2010-041, APPOINTING COUNCILMAN LEWIS TO PLACE 2 AND PAM BURNEY TO PLACE 4, TERMS EXPIRING JUNE 30, 2012. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2010 -046 APPOINTMENTS TO THE CONSTRUCTION CODE BOARD OF APPEALS APPROVED Mr. Dave Pendley, Chief Building Official, presented the item. Item is to consider appointments to Places 1 through 7 on the Construction Code Board of Appeals. The Code of Ordinances states that appointments to the board are recommended by City Staff and appointed by the City Council. Appointments to the board must also meet the requirement of technical expertise in the construction field. Individuals serving on the Board also serve as the Code Advisory Committee. Staff is recommending the reappointment of all current members: Place 1 Joe Crane 1 year term Place 2 Kirk Cameron 2 year term Place 3 Robert L. Nicholas 1 year term Place 4 Lynn Motheral 2 year term Place 5 John Klein 1 year term Place 6 Lloyd Robinson 2 year term Place 7 W.D. (Mac) McCarthy 1 year term COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -046, REAPPOINTING ALL EXISTING MEMBERS OF THE BOARD. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes June 28, 2010 Page 11 F.6 GN 2010 -050 APPOINTMENT OF MUNICIPAL JUDGE AND ALTERNATE JUDGES AND ESTABLISH SALARY- ORDINANCE NO. 3098 APPROVED Mr. Mark Hindman, City Manager presented the item. Chapter 58 of the Code of Ordinances establishes Municipal Court of Record No. 1 and outlines the procedures for the appointment of the Municipal Judge to the Court. With a Municipal Court of Record, the City follows the requirements of State law and Local Government Code Section 30.0006 describes the qualifications of the judge. After visiting with members of the Court, Police and Judge Bass, who is currently serving as Judge, the recommendation from Staff to Council is to consider reappointing Judge Bass to the position of Municipal Judge. Mayor Trevino advised that Mr. Kent Davis had submitted a request to speak and if Council wished to hear from Mr. Davis, a motion was needed to waive the Council Rules of Procedure. COUNCILMAN TURNAGE MOVED TO WAIVE THE COUNCIL RULES OF PROCEDURE TO ALLOW KENT DAVIS TO SPEAK ON THE ITEM. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO WAIVE THE RULES CARRIED 7 -0. Mr. Kent Davis, 6817 Knob Hill Drive advised he had an issue with the appointment of the Municipal Judge. Mr. Davis stated that the issue began two years ago when the Judge who had 18 years of service to the City as a council member and municipal judge was replaced. Mr. Davis spoke on the Charter providing that the judge shall be a resident of the city. Mr. Davis expressed concerns that the individual who was representing the Court was not a resident of North Richland Hills. Mr. George Staples, Attorney for the City, addressed the residency requirements of the Judge. Mr. Staples advised the Charter provides for an elected judge to be a judge of regular municipal court, not a court of record. The City of North Richland Hills has a Court of Record and follows state procedures. When Judge Oujesky was Judge, he was not elected because the state requirements did not require it. The City cannot have both a court of record and a non court of record. The City has chosen to have a Court of Record. At the time Judge Oujesky served as Judge the City was following State law and the Charter did not govern. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -050, ORDINANCE No. 3098, APPOINTING STEWART BASS AS JUDGE OF THE MUNICIPAL COURT OF RECORD No. 1, APPOINTING GLYNNIS MCGINTY AND LORRAIN IRBY TO SERVE AS MUNICIPAL JUDGE IN THE City Council Minutes June 28, 2010 Page 12 TEMPORARY ABSENCE OF THE JUDGE AND SETTING THE SALARY FOR THE TERM. 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 No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. Residents are invited to join us as we kick off our Independence Day weekend with a Fireworks Show on Saturday, July 3rd. The show will begin at 9:30 p.m. and can be seen from the parking lot of the ATI Career Training Center on Boulevard 26. Don't forget to bring lawn chairs, blankets, picnic baskets and games for the family to play while waiting for the fireworks. The fireworks show is a joint project of the Northeast Tarrant Chamber of Commerce and the cities of North Richland Hills, Haltom City and Richland Hills. This year's show is also made possible thanks to the support of Chesapeake Energy and several other local sponsors. City Hall and other non - emergency City offices will be closed on Monday, July 5th in observance of the Independence Day Holiday. The NRH Recreation Center, Library, Tennis Center and Senior Centers will also be closed. NRH2O and Iron Horse Golf Course will remain open. Garbage and recycling schedules will not change due to the holiday. Kudos Korner — Cindy Shannon, Police Department. A letter was received from a future resident thanking Cindy for being helpful, fast and knowledgeable, and for providing a great first impression of the City. Cindy provided all the information requested and put the family at ease about the neighborhood where they are purchasing a new home. They were very impressed with her service and look forward to moving to North Richland Hills. City Council Minutes June 28, 2010 Page 13 A Look Through the Lens - In celebration of our community, the City Council Meeting ended with a short video highlighting recent activities in North Richland Hills. The video included images from the Summer Reading Club, the Neighborhood Initiative kickoff event, NRH2O's participation in the World's Largest Swim Lesson and recent ribbon cuttings. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:02 p.m. om �w�manumu uir ` J ��.�� RI ' q� Osc. r Trevino — Mayor ,►EST• ? u- ° r : r .t Pa t4j j 1 ity Secretary 'n'umnunstocc*