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Home My WebLink AboutCC 2010-09-27 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 — SEPTEMBER 27, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27 day of September, 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 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 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 Dave Pendley Building Official Craig Hulse Economic Development Director Greg VanNieuwenhuize Assistant Public Works Director Eric Wilhite Chief Planner Debbie Durko Municipal Court Administrator Rebecca Vinson Assistant Court Administrator Mark Mills Budget Director Jamie Brockway Purchasing Manager Kristin Weegar Marketing & Research Coordinator Geoffrey Sherman Landscape Horticulturalist Call to Order Mayor Trevino called the work session to order at 5:30 p.m. City Council Minutes September 27, 2010 Page 2 A.1 Discuss Items from Regular City Council Meeting None. A.2 Introduce City Prosecutor to City Council Debbie Durko, Municipal Court Director, summarized the item. Over the last three years, Mr. Eric Ransleben has done an outstanding job as Prosecutor and has received positive comments from both Court personnel as well as the Police Officers that have worked with him. The City Manager has proposed a contract for Mr. Ransleben to continue performing the duties of Municipal Court Prosecutor. The contract is for a one -year term effective October 1, 2010 and allows for two one -year successive term renewals. The proposed fee is $3,500 per month and is funded in the Municipal Court budget. No fee or term changes are proposed in the new contract. The City Manager can execute the contract and no formal action by City Council will be needed, as it totals less than $50,000. Ms. Durko introduced Eric Ransleben, City Prosecutor to the Council. Mr. Ransleben briefly spoke to Council on his job duties at North Richland Hills Municipal Court. There were no questions from Council. A.3 Teen Court Interlocal Agreement with Haltom City and Watauga Debbie Durko, Municipal Court Director, presented the item. Recently, city staff met with the Judges and staff from the cities of Haltom City and Watauga Municipal Court to discuss a possible joint services program. The outcome of the meeting was an Interlocal Agreement to combine services for the Teen Court Programs from the three cities forming Northeast Tarrant Teen Court. The goal of the Northeast Tarrant Teen Court is to provide a quality of life amenity to our community through the partnership of local resources. The NRH Teen Court program would expand from two evenings per month to three to allow more participants in the program. Haltom City and Watauga will provide a Judge and Bailiff to work the twelve additional sessions, and all sessions will be held at the North Richland Hills Municipal Court. Haltom City and Watauga will fund the cost for NRH to hire a part time Assistant Teen Court Coordinator to work with the current NRH Teen Court Coordinator /Juvenile Case Manager to oversee the program. The consensus of the Council was to move forward with an Interlocal Agreement. A.4 Discuss the Scheduling of the November and December Council Meetings Mark Hindman, City Manager, advised that in the past when Council meetings have fallen on or close to a holiday, Council has opted to cancel the meetings and directed Staff to notify Council if any significant issues arise warranting a special meeting. This year Staff is recommending that both meetings in November be held as scheduled and that Council consider cancelling the December 27 Council meeting. As in previous City Council Minutes September 27, 2010 Page 3 years, should there be unexpected business in December that cannot be handled at the remaining meetings, a special meeting would be scheduled. After a brief discussion by the Council, the consensus was to cancel the November 22 and December 27 City Council Meetings and if needed a special meeting would be scheduled. A.5 Discuss Code of Ordinances, Chapter 106, Signs Craig Hulse, Economic Development Director, presented a PowerPoint presentation on the current Sign Ordinance as it pertains to current marketplace and future transportation conditions. From a transportation perspective, construction along the North Tarrant Express will challenge access and mobility, while future retaining walls and grade level changes will alter roadside visibility. Also, the City currently offers commercial property owners incentives to remove and replace illegal and obsolete signs on a case -by -case approach to facilitate compliance. Staff has identified three topics for City Council feedback. 1. Pursuit of a temporary sign policy during roadway construction 2. Adjusting the freeway overlay zone as it pertains to pole signs 3. Proactive removal of illegal and obsolete signage After a brief discussion and questions by the Council, the consensus was in favor of a temporary sign policy during roadway construction but requested more details from staff on eligibility and whether it could be offsite. On adjusting the freeway overlay zone as it pertains to pole signs, Council requested more information from staff and examples of freeway overlay zones in other cities. Council was in favor of a proactive approach for the removal of illegal and obsolete signage. A.6 Common Ground Community Garden Update Geoffrey Sherman, Landscape Horticulturalist, presented a PowerPoint presentation and updated Council on the Common Ground Community Garden. Construction of the community garden is scheduled for November 6 2010. The Common Ground will consist initially of 42 raised beds with anticipated future expansion to 72 beds. Two of the beds will be constructed to allow access by wheelchair and two other beds will be elevated to aid gardeners who would have difficulty bending over to garden. A concrete walkway is planned to create an accessible route from the church parking area to the garden and a garden shed that will be constructed in the center of the garden. A water faucet will be located at every other bed. There were no questions from 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 City Council Minutes September 27, 2010 Page 4 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) B.3 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary Mayor Trevino announced at 6:20 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to deliberate the lease of city property (mineral leases), 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) and Section 551.074 to deliberate the employment, evaluation, duties of public employees — City Manager and City Secretary. RECESS TO REGULAR SESSION Mayor Trevino recessed the Executive Session at 6:55 p.m. and announced that Council would convene into Regular Session and would return after Regular Session to continue discussion on the Executive Session item B.3. B.3 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary 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 September 27, 2010 at 7:00 p.m. City Council Minutes September 27, 2010 Page 5 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 Monica Solko Assistant City Secretary George Staples 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 RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION City Council Minutes September 27, 2010 Page 6 None. 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 SEPTEMBER 13, 2010 CITY COUNCIL MEETING B.2 GN 2010 -076 CONSIDER REVISIONS TO CHAPTER 10 -153 SEXUALLY ORIENTED BUSINESSES - ORDINANCE NO. 3114 B.3 PW 2010 -036 APPROVE THE ABANDONMENT OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED WITHIN THE WOODLAND ESTATES SOUTH ADDITION (BLOCK 1, LOTS 1 & 5) — ORDINANCE NO. 3115 B.4 GN 2010 -077 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LINEBARGER GOGGAN BLAIR & SAMPSON, LLP FOR DELINQUENT TAX COLLECTION SERVICES MAYOR PRO TEM SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.0 No items for this category. PLANNING & DEVELOPMENT D.0 City Council Minutes September 27, 2010 Page 7 No items for this category. PUBLIC WORKS E.1 PW 2010 -037 AWARD A PROFESSIONAL SERVICES AGREEMENT TO BAIRD, HAMPTON & BROWN, INC. IN THE AMOUNT OF $364,500 FOR THE MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS PROJECT (DR1004) APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being asked to award a professional services agreement to Baird Hampton & Brown, Inc. in the amount of $364,500 for the CIP Project identified as "Meadowview Estates Channel Drainage Improvements ". This project will consist of the reconstruction of the existing 1,800 feet long concrete drainage channel in the Meadowview Estates Addition. While the project's construction limits are between Jill Court and Northfield Park, the "design limits" (limits identified in the professional services agreement) will extend at least 100 feet further on each end of the concrete portion of the channel to ensure that the existing drainage is not adversely affected by the future construction. The City requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 24 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional service agreement to Baird, Hampton & Brown, Inc. COUNCILMAN WELCH MOVED TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH BAIRD, HAMPTON & BROWN IN THE AMOUNT OF $364,500 FOR THE MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECTUE SUCH AGREEMENT. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GENERAL ITEMS F.1 GN 2010 -078 APPROVE A TEEN COURT INTERLOCAL AGREEMENT WITH THE CITY OF HALTOM CITY AND THE CITY OF WATAUGA APPROVED Debbie Durko, Municipal Court Director, presented the item. Recently, city staff met with the Judges and staff from the cities of Haltom City and Watauga Municipal Court to City Council Minutes September 27, 2010 Page 8 discuss a possible joint services program. The outcome of the meeting was an Interlocal Agreement to combine services for the Teen Court Programs from the three cities forming Northeast Tarrant Teen Court. The goal of the Northeast Tarrant Teen Court is to provide a quality of life amenity to our community through the partnership of local resources. The NRH Teen Court program would expand from two evenings per month to three to allow more participants in the program. Haltom City and Watauga will provide a Judge and Bailiff to work the twelve additional sessions, and all sessions will be held at the North Richland Hills Municipal Court. Haltom City and Watauga will fund the cost for NRH to hire a part time Assistant Teen Court Coordinator to work with the current NRH Teen Court Coordinator /Juvenile Case Manager to oversee the program. COUNCILMAN LEWIS MOVED TO APPROVE GN 2010 -078. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2010 -079 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Kristen Weegar, Marketing Research Coordinator, presented the item. The Youth Advisory Committee (YAC) currently has 6 vacancies on the 16- member board. The Youth Advisory Committee is recommending the following new members for appointment, each with a two -year term. • Rachel Becker - Birdville High School -Grade 11 • Rebecca Cooper - Richland High School -Grade 9 • Melissa Cruz — Birdville High School -Grade 11 • Kaitlyn Gott lob- Fort Worth Christian -Grade 11 • Ruby Hernandez — Birdville High School -Grade 11 • Alicia Hindman — Birdville High School -Grade 11 COUNCILMAN TURNAGE MOVED TO APPROVE GN 2010 -079, APPROVING THE YOUTH ADVISORY COMMITTEE'S RECOMMENDATIONS FOR NEW COMMITTEE MEMBERS FOR 2010- 2011. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 City Council Minutes September 27, 2010 Page 9 PU 2010 -022 AWARD BID #10 -038 FOR SOLAR POWERED SCHOOL ZONE FLASHING BEACONS TO REPUBLIC ITS IN THE AMOUNT OF $138,750.00 APPROVED Mr. Mike Curtis, Managing Director, summarized the item. Council is being asked to award bid to Republic ITS for the installation of solar powered school zone flashing beacons. Funding for this project has been approved and is being obtained from the American Recovery and Reinvestment Act (ARRA). This project will upgrade 40 school flashing beacons with solar power instead of direct electrical connections and replace the beacons' incandescent light bulbs with LEDs. This project will complete the upgrade of all 67 locations throughout the City adjacent to school areas. COUNCILMAN WHITSON MOVED TO APPROVE PU 2010 -022. COUNCILMAN WELCH 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 Council took action on the following items discussed in Executive Session: B.1 DELIBERATE THE LEASE OF CITY PROPERTY (MINERAL LEASES) APPROVED Jared Miller, Assistant City Manager presented the item. On July 14, 2008, the City entered into a mineral lease with DDJET Limited LLP and Harding Energy Partners (HEP) for 11.90 acres of JB Sandlin Park. The lease terms were for three years and the City received a signing bonus of $20,00 per acre and 25% royalties. The lease interest was acquired by Chesapeake Energy Corporation. Chesapeake surveyed the area and found that the City owned an additional 2.43 acres that was not included in the original lease. Chesapeake would like to amend the original lease to include the additional acreage. The City will receive a lease bonus of $5,250 per net mineral acre and the expiration of the lease will remain the same (October 27, 2011). A public hearing is required for all leasing in dedicated public parks. A public hearing was held to consider gas leasing at JB Sandlin Park on July 14, 2008. City Council Minutes September 27, 2010 Page 10 COUNCILMAN LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE JB SANDLIN PARK OIL AND GAS LEASE TO INCLUDE THE ADDITIONAL CITY PROPERTY. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Mayor Trevino advised that discussion on Executive Session Item B.3 was not completed during the work session due to time constraints and that Council will reconvene in Executive Session following the regular Council meeting. If any action is needed following Executive Session, action will be taken in the Council Workroom in open meeting and then the Council meeting would be adjourned. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Barth made the following announcements. Join the North Richland Hills Police Department in celebrating the 27th Annual National Night Out on the evening of October 5th. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Please contact the Police Department at 817 - 427 -7021 to register your neighborhood event. Keep NRH Beautiful is seeking volunteers for its annual Trash Bash litter cleanup event. This year's Trash Bash will be held on Saturday, October 9th. Neighborhood associations, businesses, church groups and student groups are encouraged to participate. To volunteer or get more information, please call 817 - 427 -6651. The North Richland Hills Public Library will hold its annual book sale from 9:00 a.m. to 4:00 p.m. on Saturday, October 9th. Many of the books being sold are donations that the library was unable to use in its collection. Other items were removed from the collection throughout the year. All proceeds from the sale will go towards the purchase of new books. The Library is located at 9015 Grand Ave. For more information, please call 817- 427 -6814. Kudos Korner - Wayne Jarvis, Public Works Department — A resident called to thank Wayne for retrieving and returning a lost wallet. The wallet had been left on the roof of a car and it fell off without the driver's knowledge. Wayne witnessed the wallet being run over and scattered on to Mid Cities Boulevard. He gathered up all of the contents City Council Minutes September 27, 2010 Page 11 and returned it to the resident's house before anyone realized it was missing. The resident was very happy for Wayne's honesty and service. H.2 ADJOURNMENT TO EXECUTIVE SESSION Mayor Trevino announced at 7:25 p.m. that Council would convene into Executive Session in the City Council Workroom. Any action needed as a result of Executive Session will be taken following the Executive Session in the Council Workroom and the Council meeting will be adjourned in the Council Workroom. 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.3 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City Secretary ADJOURNMENT Mayor Trevino adjourned the Executive Session at 7:55 p.m. and reconvened the regular session. Mayor Trevino announced there was no action required from Executive Session item B.3 and the meeting was adjourned at :56 p.m. "‘""lu",444 4:/i c 1c H Lq wo Kc:./ ' Oscar revino — Mayor zi r- ATTES (" Patrici ' " u tson, City Secretary