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Home My WebLink AboutCC 2010-08-09 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 — AUGUST 9, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9 day of August, 2010 at 4:30 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 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 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 Mark Mills Budget Director Chris Amarante Director of Facilities & Construction Eric Wilhite Chief Planner Brad Boganwright Public Works Management Assistant Absent: Scott Turnage Council, Place 6 Call to Order Mayor Trevino called the work session to order at 4:30 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 New Recreation Center Design and General Update City Council Minutes August 9, 2010 Page 2 A.3 Project Status Update and Review of the Development Plan for the Food Services Building and New Attraction at NRH2O Mayor Trevino advised that Items A.2 and A.3 would be discussed after Executive Session. 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 551.071 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 4:31 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 552.072 to deliberate the lease of City Property (mineral leases), and Section 551.071 for consultation with attorney regarding pending litigation — 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). Adjournment of Executive Session & Recess Mayor Trevino adjourned Executive Session at 5:32 p.m., reconvened the open meeting and announced the work session was recessed for a five minute break. Back to Order Mayor Trevino called the work session back to order at 5:37 p.m. with the following members present: Council: 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 City Council Minutes August 9, 2010 Page 3 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Jared Miller 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 Mark Mills Budget Director Larry Koonce Finance Director Chris Amarante Director of Facilities & Construction Gregory VanNieuwenhuize Assistant Public Works Director Eric Wilhite Chief Planner Brad Boganwright Public Works Management Assistant Sharon Davis Assistant Parks Director Bill Thornton Assistant Parks Director Joe Pack Capital Projects Superintendent Kristin Weegar Marketing & Research Coordinator Absent Scott Turnage Council, Place 6 Tim Welch Council, Place 7 A.2 New Recreation Center Design and General Update A PowerPoint presentation was presented to provide Council with a project status update on the new recreation center and the design revisions. Ms. Vickie Loftice, Managing Director, reviewed the floor plan highlighting the redesign of the banquet entry, locations of the facility amenities and fitness center spaces. Council concurred with the redesign of the floor plan. Mr. Bill Thornton, Assistant Parks Director, updated Council on the site plan and reviewed the Design Development Cost Evaluation. Mr. Thornton advised the Council would be considering during the regular meeting the City's request for a zoning change to Institutional. An application has been submitted for a Special Use Permit for an exception to the masonry requirement to allow the use of architectural panels. Mr. Thornton reviewed the materials planned for the building exterior — glass, masonry and architectural panels. Mr. DeWayne Brinkley, Brinkley Sargent Architects highlighted the materials planned for the interior concepts. Council concurred with the direction Staff was proceeding in regards to amenities, architectural materials and material planned for the interior concepts. City Council Minutes August 9, 2010 Page 4 A.3 Project Status Update and Review of the Development Plan for the Food Services Building and New Attraction at NRH2O Mr. Joe Pack provided a project status update on the new attraction and food services building scheduled to open in the upcoming 2011 season. Mr. Pack reviewed the development plan. The food services building will be located in the south central area of the park and will replace the existing Hopper building. The new attraction will be located in the southwest area of the park. Mr. Pack highlighted the amenities of the new food service building and attraction. C.1 Municipal Setting Designation (MSD) Overview Mr. Mike Curtis, Managing Director, presented an overview of the process to obtain a Municipal Setting Designation (MSD) on property with groundwater contamination. In the near future Council will be asked to consider designating the property located at the corner of the Loop 820 Frontage Road and Rufe Snow Drive as a MSD. Mr. Curtis explained the process required of the property owner or developer to obtain a MSD designation. Previously NRH has been a city located within a five mile radius of a MSD and was only required to pass a resolution in support of the application. When the property is located within NRH, the City must give formal approval by ordinance in order for the applicant's application for the MSD to be approved by the Texas Commission on Environmental Quality. Specific details pertaining to the property will be presented when the ordinance is brought to Council for formal approval. C.2 Adjournment Mayor Trevino announced at 6:45 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 August 9, 2010 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor City Council Minutes August 9, 2010 Page 5 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 Staff: Mark Hindman City Manager Jared Miller 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 Attorney Absent: Scott Turnage Council, Place 6 Tim Welch Council, Place 7 A.1 INVOCATION Mayor Pro Tem Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION None. City Council Minutes August 9, 2010 Page 6 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 JULY 26, 2010 CITY COUNCIL MEETING COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. PUBLIC HEARINGS C.1 ZC 2010 -03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THOMAS ANDREWS FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R -1 -S" SPECIAL SINGLE FAMILY ON A PORTION OF TRACT 13A2 IN THE T. PECK SURVEY (LOCATED AT 8500 CLAY HIBBINS ROAD - 2.00 ACRES.) - ORDINANCE NO. 3101 APPROVED Mayor Trevino opened the public hearing and called for the applicant to come forward. Thomas Andrews, 6020 Parker Boulevard, NRH, came forward. Mr. Andrews stated that he was requesting a zoning change from AG to R -1 -S in order to construct a house on the property. He was available to answer any questions the Council might have. Eric Wilhite, Chief Planner, summarized the item. The applicant, Thomas Andrews, is requesting a zoning change on a 2 acre parcel from AG (agricultural) to R -1 -S (special single - family). Mr. Andrews is purchasing a portion of a larger tract from the current owner. The current owner will maintain the southern portion of the tract (portion not purchased) as agricultural zoning. The portion Mr. Andrews is requesting for R -1 -S zoning is to permit construction of a new single family residence. The Planning & Zoning Commission recommended approval by a 4 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. City Council Minutes August 9, 2010 Page 7 There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. MAYOR PRO TEM SAPP MOVED TO APPROVE ZC 2010 -03; ORDINANCE No. 3101. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.2 ZC 2010 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS FOR A ZONING CHANGE FROM "AG" AGRICULTURAL AND "1 -1" LIGHT INDUSTRIAL TO "U" INSTITUTIONAL ON TRACT 3C IN THE L.C. WALKER SURVEY AND BLOCK 1, HANSARD -LEWIS ADDITION (LOCATED AT THE SOUTHEAST CORNER OF HAWK AVE. AND BUD JENSEN DR. - 10.38 ACRES.) - ORDINANCE NO. 3102 APPROVED Mayor Trevino opened the public hearing and called for Bill Thornton, Assistant Director for Parks and Recreation to come forward. Mr. Thornton summarized the request. Recently, the City acquired property for the future site of the NRH Recreation Center. In order to move forward with the construction of the Recreation Center, the zoning of the property needs to be changed to the meet the use. Mr. Eric Wilhite, Chief Planner, presented the item. The City of North Richland Hills recently acquired a 10.38 acre tract of land directly north and contiguous with the Public Library property. City Staff is requesting to rezone the tract from AG (agricultural) and I- 1 (light industrial) to U (institutional). As Council is aware the property was acquired by the City for development of the new Recreation Center. The Planning & Zoning Commission recommended approval by a 4 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2010 -04; ORDINANCE No. 3102. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. City Council Minutes August 9, 2010 Page 8 PLANNING & DEVELOPMENT D.0 Items to follow do not require a public hearing. No items for this category. PUBLIC WORKS E.1 GN 2010 -056 APPROVE ORDINANCES AMENDING SECTIONS 54.121, 54.170, 54.173, 54.174, 54.175 AND 54.179 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; FOR THE TIMES SCHOOL SPEED ZONES AND TRAFFIC CONTROL REGULATIONS ARE IN EFFECT AROUND SCHOOL LOCATIONS - ORDINANCE NOS. 3103, 3104 & 3105 APPROVED Mr. Jimmy Cates, Public Works Operations Manager, summarized the item. Council is being asked to amend several sections of the Code of Ordinances that allow staff the ability to set the times school speed zones are in effect along with times for traffic control regulations at school locations, instead of having to amend the sections on an annual basis due to the frequent changes of school times. The following are the sections of the Code of Ordinances that need to be amended: Section 54.121 "School Zone Speed Limits" Section 54.170 "No Parking on Certain Streets During School Hours" Section 54.173 "Lola Drive Parking Restrictions" Section 54.174 "Smithfield Road and Susan Lee Lane Parking Restrictions" Section 54.175 "Bogart Drive Parking Restrictions" Section 54.179 "Loading /Unloading Zone for East Side of Flory Street and South Side of Manor Drive" COUNCILMAN WHITSON MOVED TO APPROVE GN 2010 -056; ORDINANCE Nos. 3103, 3104 AND 3105. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. E.2 PW 2010 -026 APPROVE THE AGREEMENT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH AND THE CITY OF NORTH RICHLAND HILLS (FORT City Council Minutes August 9, 2010 Page 9 WORTH WHOLESALE WATER CONTRACT) APPROVED Mr. Mike Curtis, Managing Director, presented the item. Council is being asked to approve the proposed Fort Worth Wholesale Water Contract for a duration of 20 years. The Fort Worth Wholesale Customer Water Contract will expire December 31, 2010. The contract is between the City of Fort Worth and the wholesale customer cities (including North Richland Hills). The contract outlines the responsibilities of the different parties with regards to the purchase of water from the City of Fort Worth. The current contract has been in effect since April 1, 1989. There have been many changes during the past 20 years regarding water purchase and usage, the City of Fort Worth is not proposing a significant number of changes in the new contract. Most of the changes are formatting and terminology changes but there are some changes that will have an impact on the price that the City of Fort Worth charges its wholesale customers for water. The two significant changes are the increase of the street rental fee from 4% to 5% and the inclusion of a Payment in Lieu of Taxes (PILOT). Staff recommends approval of the agreement for Water Service between the City of Fort Worth and the City of North Richland Hills (Fort Worth Wholesale Water Contract). MAYOR PRO TEM SAPP MOVED TO APPROVE PW 2010 -026. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. E.3 PW 2010 -025 AWARD OF PROJECT RFB NO. 10 -041 TO J & T EXCAVATING, LLC IN THE AMOUNT OF $1,109,257.10 FOR THE CONSTRUCTION OF THE DOUGLAS LANE STREET AND UTILITY IMPROVEMENTS PROJECT (ST0801) FROM HIGHTOWER DRIVE TO STARNES ROAD APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being asked to award a construction contract to J & T Excavating, LLC in the amount of $1,109,257.10 for the CIP Project identified as "Douglas Lane Street and Utility Improvements Project (Hightower Drive to Starnes Road) ". The project consists of widening approximately 2,700 linear feet of roadway from the existing 18 -foot wide asphalt street to a 40 -foot wide concrete collector street. The existing bar ditch drainage system will be replaced with an underground drainage system. In addition, the existing 16" diameter water main will be replaced and sidewalks will be constructed on both sides of the street. The project was set up with a Total Base Bid and two (2) Alternate Bids. Alternate #1 was for the construction of temporary asphalt pavement within the Douglas Lane Right -of -Way to accommodate one direction of traffic. Alternate #2 is similar to Alternate #1, except the temporary asphalt pavement would be City Council Minutes August 9, 2010 Page 10 constructed wider to accommodate bi- directional traffic Staff is recommending the award of the base bid and Alternate #2 with the wider asphalt pavement to accommodate bi- directional traffic during construction. COUNCILMAN LOMBARD MOVED TO APPROVE PW 2010 -025; AWARD OF BASE BID AND ALTERNATE #2. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. GENERAL ITEMS F.1 GN 2010 -057 SETTING DATE FOR PUBLIC HEARINGS FOR 2010 -2011 CITY BUDGET, PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION AND CRIME CONTROL AND PREVENTION DISTRICT BUDGETS APPROVED Mr. Mark Mills, Budget Director presented the item. It is necessary for City Council to set public hearings on the proposed annual 2010/2011 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District budgets. A published notice will be required for each public hearing per the City Charter and State law. Each hearing is set for August 23, 2010 beginning at 6:15 p.m. for the Park and Recreation Facilities Development Corporation, 6:30 p.m. for the Crime Control and Prevention District, and 7:00 p.m. for the proposed annual City Budget. COUNCILMAN WHITSON MOVED TO APPROVE GN 2010 -057. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.2 GN 2010 -058 SETTING THE DATE FOR THE TAX RATE PUBLIC HEARING AND VOTE ON PLACING THE TAX RATE ADOPTION ON THE AGENDA OF THE SEPTEMBER 13, 2010 COUNCIL MEETING APPROVED Mr. Mark Mills, Budget Director, presented the item. In follow up to the 2010 -2011 Budget Work Session, it is necessary to begin the notice and public hearing procedures to establish a tax rate for the next fiscal year in accordance with the City Charter and State law. At the Work Session, Council consensus was to set the tax rate at 57¢, City Council Minutes August 9, 2010 Page 11 which is the same tax rate as the current year. If approved, this will be the 18 consecutive year the tax rate has been 57¢. Per Section 26.05(d) of the Tax Code, Council can not adopt a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings have been held on that tax rate. The City of North Richland Hills' proposed tax rate of 57¢ is below the effective tax rate of 60.3323¢ and the rollback rate of 58.6456¢. In addition, the City of North Richland Hills will raise less total property taxes than last year's budget. As a result, the City of North Richland Hills is not required to conduct two public hearings prior to the adoption of the tax rate. While State law does not require the City to conduct these public hearings, the City of North Richland Hills will hold a single tax rate public hearing, similar to last year, on August 23, 2010 during the regular City Council meeting. In addition, State law requires that the City Council vote to place the adoption of the tax rate on a future Council Agenda as an action item. The date for this vote is currently planned for September 13, 2010. The vote would appear as an action item on the agenda for the regular City Council meeting. COUNCILMAN LEWIS MOVED TO APPROVE GN 2010 -058. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA EXECUTIVE ITEM B.1 CONSIDER APPROVAL OF AN OIL AND GAS LEASE FOR APPROXIMATELY 143.34 ACRES OF CITY PROPERTY AT LINDA SPURLOCK PARK, FOSSIL CREEK PARK, GREEN VALLEY PARK, IRON HORSE GOLF COURSE , THE CITY SERVICE CENTER AND VARIOUS OTHER TRACTS APPROVED Mr. Jared Miller, Assistant City Manager, advised during Executive Session Council was advised of an offer from Chesapeake Energy to lease minerals under Linda Spurlock Park (14.47 acres), Fossil Creek Park (22.85 acres), Green Valley Park (30.25 acres), Iron Horse Golf Course (55.42 acres), the City Service Center (17.22 acres), and City Council Minutes August 9, 2010 Page 12 various other tracts (3.13 acres) for a bonus of $5,000 per acre with a three year term and 25% royalties. The City will receive a bonus of $716,700. COUNCILMAN LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND OIL AND GAS LEASE FOR APPROXIMATELY 143.34 ACRES OF CITY PROPERTY AT LINDA SPURLOCK PARK, FOSSIL CREEK PARK, GREEN VALLEY PARK, IRON HORSE GOLF COURSE, THE CITY SERVICE CENTER, AND VARIOUS OTHER TRACTS. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The City of North Richland Hills will display its 5 annual Artists at Work employee art exhibit August 19 through August 27 at the North Richland Hills Public Library. Stop by to view artwork by our talented City employees. For more details, please call 817- 427 -6620. The NRH Police Department is accepting applications for the next session of the Citizens Police Academy. The CPA begins August 26 and meets each Thursday for 12 consecutive weeks. For an application or more information, please call 817 -427- 7040 or log on to www.nrhtx.com. The City reminds residents that outdoor watering is prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. Irrigation systems should be set to operate in the early morning or late evening, when the sun and temperatures are less likely to cause evaporation. Kudos Korner - Chris Turner, Public Works Department. An email was received from a resident thanking Chris for his excellent work. Chris not only repaired the broken street sign that the resident had reported, he also replaced a faded stop sign and removed graffiti from a street sign around the corner. The resident was very impressed and pleased with this response. Keep up the good work! H.2 ADJOURNMENT City Council Minutes August 9, 2010 Page 13 Mayor Trevino adjourned the meeting at 7:36 p.m. Oscar Trevino Mayor ktts-rn o. PeiuIse Secretary