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Home My WebLink AboutCC 2010-12-13 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 — DECEMBER 13, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 13 day of December, 2010 at 5:45 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 Tern, Council, Place 2 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 Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Andy Jones Fire Chief Craig Hulse Economic Development Director Mike Hamlin Assistant Police Chief Thomas Powell Fleet Services Director JoAnn Stout Neighborhood Services Director Kyle Spooner Information Services Director Sean Hughes Emergency Management Coordinator Chun Mezger Animal Center Supervisor Steve Brown Library Director Absent John Lewis Council, Place 1 City Council Minutes December 13, 2010 Page 2 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 There were no questions from the Council. A.2 Discussion Regarding L the Use of Golf Carts for Parcel Deliveries Mike Hamlin, Assistant Police Chief, presented the item. Council was advised that during the regular meeting Council will be presented with a resolution that if approved, will allow the use of golf carts as delivery vehicles for parcel deliveries in the City. A law approved in the last legislative session allows governing bodies to approve the operation of golf carts on roadways with posted speed limits less than 35 mph and certain safety equipment affixed. United Parcel Service (UPS) is requesting to utilize golf carts to deliver packages during the holiday season in the area near Smithfield and Starnes and in the Hometown neighborhood. Assistant Chief Hamlin explained how UPS would use and store the golf carts. Council was advised that the resolution was not a blanket approval, but only authorized delivery companies to utilize golf carts in approved areas and in compliance with state law. A.3 Iron Horse Golf Course End of Season Report Ms. Vickie Loftice, Managing Director, introduced Antonio Evangelista, the new Iron Horse Golf Course Manager. Mr. Evangelista presented a PowerPoint presentation highlighting the golf course's end of year report. Mr. Evangelista discussed recognitions and awards received by Iron Horse, number of rounds played, revenues and expenditures, projects and programs completed during 2010, community involvement, capital improvements and a vision for the future. In response to a question from the Council regarding a decrease in rounds of golf, Mr. Evangelista explained he felt the decline could be attributed to the economy and weather. Council suggested consideration be given to using cyber golf to fill voids when the course was not as busy. A.4 Approve 2011 State Legislative Program Ms. Karen Bostic, Assistant City Manager, presented a PowerPoint presentation highlighting the 2011 State Legislative Program. As in previous years, the program is City Council Minutes December 13, 2010 Page 3 based on four guiding principles with staff identifying priority legislative issues based on the guiding principles. The four guiding principles are — 1) opposition of any legislation that erodes the authority to govern local affairs; 2) need for a predictable and sufficient level of revenue for the provision of capital infrastructure and for ensuring citizens' health and safety; 3) opposition of unfunded mandates; and 4) support for legislation that enhances the quality of life for our citizens. The priority legislative issues identified by Staff were reviewed. Council was advised one of the legislative issues had been reworded for clarification and Council was provided with the revised wording. Ms. Bostic advised Staff was requesting Council consensus through the worksession and subsequent formal approval will not be necessary. Council concurred with the 2011 State Legislative Program. 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 - 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 6:25 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 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). C.0 Adjournment Mayor Trevino announced at 6:59 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 December 13, 2010 at 7:07 p.m. City Council Minutes December 13, 2010 Page 4 ROLL CALL Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tern, 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 Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Mayor Pro Tern Sapp recognized the following members from the Youth Advisory Committee — Morgan Chaney, Rachel Becker and Mason Chaney. City Council Minutes December 13, 2010 Page 5 "GO PURPLE" CHECK PRESENTATION TO COMMUNITY ENRICHMENT CENTER Councilman Barth, Kristin Weegar, Marketing and Research Coordinator, and Randy Moresi, Chief Executive Officer North Hills Hospital presented a check in the amount of $2,520 to Randy Clinton, Community Enrichment Center. The City in partnership with North Hills Hospital, went purple this past fall to support the TCU Horned Frog Football Team and the local Community Enrichment Center. T -Shirts were sold at North Richland Hills City Hall and North Hills Hospital with all proceeds from the sale of the shirts donated to the Community Enrichment Center. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) TEXAS ANIMAL CONTROL ASSOCIATION VOLUNTEER OF THE YEAR AWARD Councilman Whitson, JoAnn Stout, Director of Neighborhood Services, and Chun Mezger, Supervisor of the NRH Animal Adoption and Rescue Center, presented Ms. Janet G'Sell with the Outstanding Volunteer Award from the Texas Animal Control Association (TACA). Ms. G'Sell, a volunteer at the NRH Animal Adoption & Rescue Center, was awarded the honor by TACA for outstanding volunteer services in animal welfare services, for demonstrating exceptional dedication and performing outstanding work beyond the requirements of the volunteer position and for providing support or services that benefited the nominating agency. A.5 SPECIAL PRESENTATION(S) AND RECOGNITION(S) GRANT CONTRIBUTION BY SCORE TO NRH LIBRARY Councilman Lewis introduced Mr. Jim Talbert, Fort Worth Chapter SCORE Chair, and Glen Phillips, representing SCORE. Mr. Talbert presented a contribution grant of $1,000 to Steve Brown, NRH Library Director. The grant will assist in expanding the small business counseling resources of the library by converting an existing small storage space into a second counseling office. A.6 CITIZENS PRESENTATION None. City Council Minutes December 13, 2010 Page 6 A.7 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF NOVEMBER 8, 2010 CITY COUNCIL MEETING B.2 PU 2010 -027 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH THE CITY OF ROWLETT B.3 PU 2010 -029 AWARD BID NO. 11 -008 FOR SEWER AND WATER PIPE MATERIAL TO MULTIPLE VENDORS B.4 PU 2010 -030 RENEW CONTRACT FOR THE MISCELLANEOUS CONCRETE IMPROVEMENT WITH HARD KOUNTRY CONCRETE B.5 PU 2010 -031 APPROVE CONTRACT RENEWAL OF MICROSOFT ENTERPRISE SOFTWARE AGREEMENT WITH DELL COMPUTERS B.6 GN 2010 -104 AUTHORIZE THE CITY MANAGER TO EXECUTE A JOINT RESOLUTION WITH TARRANT COUNTY FOR 800 MHZ RADIO MAINTENANCE SERVICES B.7 GN 2010 -100 CONSIDERATION OF AMENDING SECTIONS 2- 67(E)(2) AND 2- 67(E)(8) OF THE CODE OF ORDINANCES AND THE COUNCIL RULES OF PROCEDURE PERTAINING TO CITIZENS APPEARANCES - ORDINANCE NO. 3120 B.8 GN 2010 -102 CONSIDER EXTENSION AGREEMENT FOR MEDICAL DIRECTOR CONTRACT B.9 PU 2010 -034 AWARD BID NO. 11 -009 FOR DUMP TRUCKS TO SOUTHWEST INTERNATIONAL IN THE AMOUNT OF $260,988 B.10 GN 2010 -101 AMENDING CHAPTER 10 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES - REGULATIONS FOR AMUSEMENT CENTERS AND BILLIARD HALLS - ORDINANCE NO. 3122 City Council Minutes December 13, 2010 Page 7 MAYOR PRO TEM SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC HEARINGS C.1 SUP 2010 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GARY AND MARIE RABEL FOR A SPECIAL USE PERMIT FOR A TWO CAR DETACHED GARAGE AND SHOP AT 6800 LITTLE RANCH ROAD - ORDINANCE NO. 3117 APPROVED Mayor Trevino opened the public hearing. Mr. Gary Rabel, property owner, presented a request for the approval of a special use permit to erect an accessory structure at his residence located at 6800 Little Ranch Road. Mr. Rabel would like to construct a 1,120 square foot two car detached garage and shop. Mr. John Pitstick, Director of Planning, summarized the request and presented the recommendation of the Planning and Zoning Commission. The Zoning Ordinance requires a SUP permit for accessory structures located in the R -1 -S District exceeding 500 square feet. The structure will be required to meet the same masonry requirements as the existing house. The Planning and Zoning Commission recommended approval with the stipulation that the proposed garage /shop meet the architectural requirements of the existing house. Mayor Trevino called for anyone wishing to speak in favor of or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WELCH MOVED TO APPROVE SUP 2010 -08, ORDINANCE NO. 3117, WITH THE STIPULATION THAT THE PROPOSED GARAGE/SHOP MEET THE ARCHITECTURAL REQUIREMENTS OF THE EXISTING HOUSE. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes December 13, 2010 Page 8 D.0 PLANNING & DEVELOPMENT No items for this category. EA PW 2010 -040 APPROVE PROFESSIONAL SERVICE AGREEMENT WITH THE RJN GROUP, INC. FOR PHASE II SANITARY SEWER ASSESSMENT PROJECT IN THE AMOUNT OF $350,743.00 APPROVED Mr. Jimmy Cates, Public Works Operations Manager, presented the item. Council is being asked to consider a professional services agreement with RJN Group, Inc. for the Phase II Sanitary Sewer Assessment Project. The project is a continuation of the City's Sanitary Sewer Assessment Project started in May 2009 and includes detailed analysis of the City's sanitary sewer system in the southern section of the city. Mr. Cates highlighted the scope of the work. Staff is recommending Council award of the Professional Services Agreement with RJN for an amount not to exceed $350,743. COUNCILMAN LOMBARD MOVED TO APPROVE PW 2010 -040, APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH RJN GROUP, INC. FOR PHASE II OF THE SANITARY SEWER ASSESSMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $350,743.00. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2010 -041 REVISE THE 2010/11 CAPITAL PROJECT BUDGET AND AWARD OF PROJECT RFB NO. 11 -006 TO STABILE & WINN, INC. IN THE AMOUNT OF $361,570.10 FOR THE CONSTRUCTION OF THE TERRY DRIVE STREET IMPROVEMENTS PROJECT (ST1003) APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Item is to consider awarding a construction contract to Stabile & Winn for the construction of Terry Drive Street improvements. The CIP project consists of reconstructing approximately 1,100 feet of asphalt pavement with concrete pavement, reconstructing sidewalks, and upgrading the existing sanitary sewer main. Mr. VanNieuwenhuize advised that the original project estimate in 2001/2002 did not include sanitary sewer reconstruction. Since that time service related issues have arisen and it is also now the city's policy to replace non -PVC sanitary sewer mains located beneath roadway pavement during a street reconstruction project. Mr. City Council Minutes December 13, 2010 Page 9 VanNieuwenhuize advised of the funding source for the additional funds needed. Mr. VanNieuwenhuize also explained that when the existing sidewalks were constructed, five property owners protested the sidewalks and a decision was made to defer sidewalk construction for those five residents until a later date. These five property owners are again requesting the sidewalks be omitted from their properties. City Staff has also received requests from other residents in the area requesting installation of the sidewalks to create a safe walking environment for school age children. Staff is recommending the approval of a Budget Revision to the FY 2010/2011 Capital Projects Budget, the award of Bid No. 11 -006 to Stabile & Winn, Inc. in the amount of $367,570.10 for the construction of the Terry Drive Street Improvements Project (Susan Lee Lane to North Richland Boulevard) which includes sidewalks along both sides of this section of Terry Drive and authorizing the City Manager to execute such agreement. Mayor Trevino advised that under the new Council Rules of Procedure, he has received a request to speak from a citizen on this issue. Mayor Trevino inquired if there were any objections from the Council. The Council had no objections to hearing from the citizen. Ms. Maurice Odom, 7593 Terry Drive, advised five residents on his side of the street voted years ago against the installation of the sidewalks. Mr. Odom stated that the five residents still did not want the sidewalks. Mr. Odom advised they were happy not having a sidewalk and felt the sidewalk would only be blocked by cars. COUNCILMAN TURNAGE MOVED TO APPROVE PW 2010 -041, APPROVING THE BUDGET REVISION TO THE FY 2010 -2011 CAPITAL PROJECT BUDGET; AWARDING BID NO.. 11 -006 TO STABILE & WINN, INC. IN THE AMOUNT OF $361,570.10 FOR THE CONSTRUCTION OF THE TERRY DRIVE STREET IMPROVEMENTS PROJECT (SUSAN LEE LANE TO NORTH RICHLAND BOULEVARD) WHICH INCLUDES SIDEWALKS ALONG BOTH SIDES OF THIS SECTION OF TERRY DRIVE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AGREEMENT. COUNCILMAN WELCH SECONDED THE MOTION.. Councilman Turnage commented that he had looked at the situation and felt it was important to have sidewalks in close proximity to two schools. He did not feel that the sidewalks would necessitate the removal of trees or landscaping. MOTION TO APPROVE CARRIED 7 -0. GENERAL ITEMS F.1 GN 2010 -103 AUTHORIZATION TO UTILIZE GOLF CARTS ON PUBLIC ROADS FOR PARCEL DELIVERIES - RESOLUTION NO. 2010 -033 APPROVED City Council Minutes December 13, 2010 Page 10 Assistant Chief Hamlin presented the item. Council was advised that United Parcel Service has requested permission to utilize golf carts to deliver packages during the holiday season in two high- density residential areas of the City. State statute allows governing bodies to grant permission for the operation of golf carts on roadways with posted speed limits less than 35 mph and certain safety equipment affixed. Staff is not recommending a blanket approval, but is recommending delivery services be allowed to utilize golf carts as allowed by State Law for the delivery of parcels. MAYOR PRO TEM SAPP MOVED TO APPROVE RESOLUTION NO. 2010 -033. COUNCILMAN WELCH SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. F.2 PU 2010 -032 AUTHORIZE THE PURCHASE OF GRANT FUNDED EQUIPMENT FROM REMOTEC (A DIVISION OF NORTHROP GRUMMAN) TOTALING $146,926 APPROVED Mr. Sean Hughes, Emergency Management Coordinator, presented the item. Council is being asked to authorize the purchase of equipment for the Northeast Explosives Response Team. Funding is provided by grant funds from the U.S. Department of Homeland Security's Urban Area Security Initiative. Funding will be used to purchase a Hybrid Radio System, upgrade F6A robot to the F6+ and purchase Power Hawk Assembly for use with the robot. COUNCILMAN LOMBARD MOVED TO APPROVE PU 2010 -032, AUTHORIZING THE PURCHASE OF GRANT FUNDED EQUIPMENT FROM REMOTEC (A DIVISION OF NORTHROP GRUMMAN) TOTALING $146,926. COUNCILMAN WHITSON SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. F.3 PU 2010 -033 CONSIDER RENEWAL OPTION TO THE IRON HORSE MANAGEMENT AGREEMENT WITH EVERGREEN GOLF LIMITED, L.P. APPROVED Ms. Vickie Loftice, Managing Director, presented the item. Item is to consider the approval of the final one -year renewal option with Evergreen Golf Limited (EAGLE) for the operation and management of Iron Horse Golf Course. The current Management Agreement with EAGLE was for a three -year period beginning in January 2007 with two, one -year renewal options. Staff is recommending the execution of the final one -year City Council Minutes December 13, 2010 Page 11 renewal option. Requests for Proposal will be issued in mid -2011 from golf course management firms for a three -year agreement with two, one -year renewal options beginning in January 2012. COUNCILMAN LEWIS MOVED TO APPROVE PU 2010 -033, APPROVING THE FINAL ONE -YEAR RENEWAL OPTION TO THE IRON HORSE MANAGEMENT AGREEMENT WITH EVERGREEN GOLF LIMITED, L.P. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2010 -106 AUTHORIZE THE CITY MANAGER TO SIGN AN EXTENSION TO THE CURRENT ELECTRIC SUPPLY AGREEMENT FOR THE CITY'S ELECTRICITY NEEDS THROUGH DECEMBER 31, 2018 - RESOLUTION 2010 -034 APPROVED Ms. Karen Bostic, Assistant City Manager, presented the item. Council is being asked to approve a resolution that authorizes the Cities Aggregation Power Project (CAPP) to negotiate an extension to the current electric supply agreement for a fixed price that is lower than the current contract rates; extends the electric supply contract through December 31, 2018; approves CAPP contracting with Next Era and authorizes the city manager to sign a contract with CAPP for the city's electricity needs for the period beginning January 1, 2011 through December 31, 2018; commits the city to budget for energy purchases and honor the city's commitments to purchase power through CAPP for its electrical needs through December 31, 2018. The City has been a member of CAPP since 2002 and is currently under a five -year electric supply contract with CAPP that runs for the period January 1, 2009 through December 31, 2013. The current electric provider is proposing a new 8 -year contract that will lower electric costs for the remaining three calendar years of the current contract and also extend that contract for five additional years. This will cut $145,000 or more from the city's anticipated electric costs in 2011, 2012 and 2013. Staff is recommending approval of the resolution. COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION NO. 2010 -034. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2010 -108 PIPELINE RIGHT -OF -WAY AGREEMENT WITH TEXAS MIDSTREAM GAS SERVICES COMPANY FOR GAS PIPELINE THROUGH CITY OWNED PROPERTY IN THE 9100 BLOCK OF KIRK LANE APPROVED City Council Minutes December 13, 2010 Page 12 Mr. John Pitstick, Director of Planning, presented the item. Council is being asked to approve a 10 -foot wide pipeline agreement with Texas Midstream Gas Services Company across city property in the 9100 block of Kirk Lane to construct a 20 -inch pipeline to connect to the Morrow Stevens gas well site. MAYOR PRO TEM SAPP MOVED TO APPROVE GN 2010 -108, APPROVING A GAS PIPELINE RIGHT -OF -WAY AGREEMENT WITH TEXAS MIDSTREAM GAS SERVICES COMPANY FOR CITY OWNED PROPERTY IN THE 9100 BLOCK OF KIRK LANE. COUNCILMAN TURNAGE 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 Turnage made the following announcements. NRH2O's 2011 Season Passes are now on sale. Purchase your pass before December 31st and receive a discount, plus a souvenir bottle and free tickets for friends. For more information, please call 817 - 427 -6500 or visit www.nrh2o.com. City offices will be closed for the holidays on Friday, December 24th and Friday, December 31st. Residential garbage and recycling collections will not change for the holidays. Friday collections will be made as normal. The December 27th City Council Meeting has been cancelled. The next meeting is scheduled for January 10th at 7 p.m. Kudos Korner — Mark Hindman, City Manager. Mark was recently recognized by the International City Managers Association for 25 years of public service. While he has been with the City of North Richland Hills for a little over one year now, he brings a wealth of experience and knowledge to our community and we appreciate his many years of service. City Council Minutes December 13, 2010 Page 13 H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:15 p. Oscar Trevino — Mayor ATTEST: #rici utson Secretary 1� r ....S.ca