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HomeMy WebLinkAboutCC 2011-01-24 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 — JANUARY 24, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 24 day of January 2011 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 Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Dana Alden Assistant to City Manager Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director JoAnn Stout Neighborhood Services Director Craig Hulse Economic Development Director Kyle Spooner Information Services Director Gregory VanNieuwenhuizeAssistant Public Works Director Mike Hamlin Assistant Police Chief Dave Pendley Building Official Chris Swartz NRH2O Manager Jamie Brockway Purchasing Manager Call to Order Mayor Trevino called the work session to order at 5:31 p.m. A.1 Discuss Items from Regular City Council Meeting City Council Minutes January 24, 2011 Page 2 There were no questions from Council. A.2 Discuss Code of Ordinances, Sec. 106 -11, Temporary Signs During Roadway Construction Mr. Craig Hulse, Director of Economic Development, presented the item. During a September 2010 work session Council requested input from the NRH Business Mobility Team and Staff on possible amendments to the sign ordinance on the use of temporary signage for businesses impacted by roadway construction. After meeting with the Team, the recommendation is to allow yard signs and A- Frames with the rationale being the signs are inexpensive to produce and are low to the ground, resistant to wind and do not obstruct driver visibility. Mr. Hulse presented recommended specifications for the temporary signs. Council concurred with proceeding with formal adoption of the additional temporary sign specifications. Council also requested to be provided with an outline showing the businesses that will fall within the 300 -foot limit. Council also requested that Staff address signs on the collector street located behind Home Depot, Burlington Coat Factory and the other surrounding businesses to inform the public of better access from behind the businesses. 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: 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 5:39 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to 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 6:39 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes January 24, 2011 Page 3 REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 24, 2011 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 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. City Council Minutes January 24, 2011 Page 4 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION Mr. Charles Cole, 6125 Riviera Drive, expressed his concerns for seniors at home and brought to Council's attention services offered by Life Alert. He also expressed his concerns with recycling and if it was profitable to continue, how to promote recycling in the city, and brought attention to the second hole tee box at Iron Horse Golf Course. Mayor Trevino asked JoAnn Stout, Neighborhood Service Director and Managing Director, Vickie Loftice to help Mr. Cole with his concerns. 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 JANUARY 10, 2011 CITY COUNCIL MEETING B.2 GN 2011 -004 RESCHEDULE THE MARCH 14, 2011 COUNCIL MEETING TO MARCH 7, 2011 B.3 PU 2011 -001 AUTHORIZE THE PURCHASE OF BADGER WATER METERS AND TELEMETRIC DEVICES FROM ATLAS UTILITY SUPPLY COMPANY FOR AN AMOUNT NOT TO EXCEED $350,000 B.4 PW 2011 -001 TERMINATE THE CONSTRUCTION CONTRACT OF PROJECT RFB NO. 10 -034 WITH J & T EXCAVATING, LLC IN THE AMOUNT OF $840,828.50 FOR THE CONSTRUCTION OF THE SHADY GROVE ROAD STREET IMPROVEMENTS PROJECT (ST0802) FROM DAVIS BOULEVARD TO CLAY - HIBBINS ROAD, APPROVE A SETTLEMENT AGREEMENT WITH SURETEC INSURANCE COMPANY IN THE AMOUNT OF $42,691.88, AND City Council Minutes January 24, 2011 Page 5 AWARD THIS PROJECT TO RELIABLE PAVING, INC. IN THE AMOUNT OF $793,401.30 COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -002 REVISE THE FY 2010/2011 CAPITAL PROJECTS BUDGET AND AWARD RFB NO. 11 -003 TO RKM UTILITY SERVICES, INC. IN THE AMOUNT OF $598,815.90 FOR THE CONSTRUCTION OF THE MACKEY DRIVE (BRILEY DRIVE TO GLENVIEW DRIVE) STREET RECONSTRUCTION PROJECT (ST0905) APPROVED Mayor Trevino announced that the following item was not a public hearing but request to speak cards had been received from citizens on the item. Mayor Trevino called for Council approval to allow the citizens to speak on the item. All of Council was in agreement to allow the citizens to speak. Mayor Pro Tem Sapp advised that the following citizens wanted to speak in opposition of the construction of the sidewalks. Ms. Carol Barbee, 4154 Mackey Drive. Ms. Barbee explained that she was in the process of having the property preserved as a presidential historical site and did not want the addition of the sidewalks to hinder the original appearance. City Council Minutes January 24, 2011 Page 6 Mayor Trevino asked Dana Alden, Assistant to the City Manager to see if the City could help Ms. Barbee with the process of historical preservation. Mr. Etoy Horne and Mrs. Barbara Horne, 4146 Mackey Drive. They are in favor of the construction to the street but did not want the sidewalks citing concerns of Toss of property, additional lawn work, uneven sidewalks after a period time, sidewalks would cause damage to tree roots and enjoyed their neighborhood and lawns as is. Ms. Romania D. Gomez, 4142 Mackey Drive. Ms. Gomez did not wish to speak but wanted to go on record as being in opposition of the sidewalks. Mayor Pro Tem Sapp announced the following individuals submitted letters in favor of the project with sidewalks. Mrs. Penny Frazier, 4415 Mackey Drive Ms. Belinda K. Gracy, 4147 Mackey Drive Mr. Richard F. Whitbeck, 4328 Mackey Drive Ms. Tina Dorsey, 4424 Mackey Drive came forward to speak in favor of the project with sidewalks. Ms. Dorsey stated that the sidewalks were necessary for the safety of all the children that walked to and from school and the addition of the sidewalks would help endorse a community atmosphere to the neighborhood. Gregory VanNieuwenhuize, Assistant Public Works Director summarized the item. The City Council is being asked to award a construction contract for the CIP Project identified as "Mackey Drive (Briley Drive to Glenview Drive)" in the Capital Projects Budget. The project will consist of reconstructing approximately 1,800 lineal feet of asphalt pavement with concrete pavement to comply with the current city standards. In addition, sidewalks will be constructed, and the existing storm drainage system will be expanded. The City requested bids in accordance with city policy and proposals were received from nine firms. The design engineer reviewed the bids and recommends awarding the contract to the lowest bidder RKM Utility Services, Inc. COUNCILMAN LEWIS MOVED TO APPROVE PW 2011 -002 WITH SIDEWALKS ON BOTH SIDES. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Mayor Pro Tem Sapp recognized Brain Huss with Boy Scout Troop 321 who is working on his citizen badge. E.2 PW 2011 -003 REVISE THE FY 2010/2011 CAPITAL PROJECTS BUDGET AND City Council Minutes January 24, 2011 Page 7 APPROVE THE FUNDING AND REPLACEMENT OF A PORTION OF THE 16 -INCH WATER SUPPLY LINE RUNNING ALONG BIG FOSSIL CREEK (UT1107) APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. This project will consist of replacing approximately 100 linear feet of a 16" North Richland Hills water supply line located adjacent to the Diamond Oaks Country Club and crossing Big Fossil Creek in Haltom City. Over time the channel bottom and slopes have eroded to a point where the water supply line is now exposed. A breakage of this line would result in the loss of water deliveries from one of city's three potable water entry points from Fort Worth and a Toss of water pressure in the city's south side. The replacement of this portion of the water line is considered an emergency situation. The estimated cost for the project is $225,000. COUNCILMAN TURNAGE MOVED TO APPROVE PW 2011 -003; TO REVISE THE FY 2010/2011 CAPITAL PROJECTS BUDGET TO FUND $225,000 FOR THE PROJECT AND APPROVE THE REPLACEMENT OF THE 16 -INCH WATER SUPPLY LINE RUNNING ALONG BIG FOSSIL CREEK. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 GN 2011 -005 APPROVAL OF CONTINUED PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM - RESOLUTION NO. 2011 -002 APPROVED JoAnn Stout, Neighborhood Services Director presented the item. In 2008, City Council approved Resolution No. 2008 -031 which appropriated $75,000 in matching funds on all HOME expenditures. The resolution that was passed allowed for automatic renewal of the grant for three years, running through 2009, 2010 and 2011. A change in the HOME Investment Partnership Grant now requires municipalities to provide 30% matching funds, instead of the 25% requirement of prior years, and now must specify in a resolution the amount of matching funds that will be appropriated to the program. The maximum amount of HOME Funds a municipality can request is $300,000 and the minimum is $100,000. The approval of Resolution No. 2011 -002 will allow the City of North Richland Hills to request $100,000 in HOME Funds for 2011 and will appropriate 30% in matching funds or $30,000. City Council Minutes January 24, 2011 Page 8 COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2011 -002. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2011 -006 CALLING MAY 14, 2011 CITY COUNCIL ELECTION AND AUTHORIZING A JOINT ELECTION AGREEMENT WITH OTHER TARRANT COUNTY POLITICAL SUBDIVISIONS AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY - RESOLUTION NO. 2011 -003 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. The Resolution orders the City's General Election for May 14, 2011 for Council Places 1, 3, 5 and 7 for two -year terms of office, establishes voting locations, provides for the appointment of election officials, provides for early voting and election day procedures and authorizes the Mayor to execute a contract with Tarrant County for election services. Tarrant County has requested those governing bodies holding a May election to enter into a joint election agreement and contract with the County for election services. The city's election will be held jointly with other Tarrant County political entities holding an election with Tarrant County administering the election. After Tarrant County has finalized all early voting locations, the City Council will need to approve an amended resolution that lists the locations of each early voting location throughout the County. COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION No. 2011 -003. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2011 -007 APPROVE INVESTMENT STRATEGY AND INVESTMENT POLICY - RESOLUTION NO. 2011 -004 APPROVED Larry Koonce, Finance Director presented the item. The Public Funds Investment Act ( "PFIA ") requires that the City Council review and adopt the city's Investment Strategy and Investment Policy annually. The city contracted with Public Financial Management, LLC ( "PFM ") to provide Investment Advisory Services on October 1, 2009. Upon staff review and advice from PFM there are no recommended changes to the City of North Richland Hills Investment Policy or Strategy at this time. Advisors and staff will monitor the upcoming legislative session for changes that would impact the city. City Council Minutes January 24, 2011 Page 9 COUNCILMAN WHITSON MOVED TO APPROVE GN 2011 -007; RESOLUTION No. 2011 -004. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 GN 2011 -008 APPROVE SUSPENSION OF THE FEBRUARY 14, 2011 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY'S REQUEST TO INCREASE RATES — RESOLUTION NO. 2011 -005 APPROVED Karen Bostic, Assistant City Manager, presented the item. Oncor Electric Delivery Company ( "Oncor" or "the Company ") filed an application on or about January 7, 2011 with cities retaining original jurisdiction seeking to increase system -wide transmission and distribution rates by $353 million. The Company asks the city to approve a 14.6% increase in residential rates, a 15.5% increase in commercial rates, and a 25.9% increase in street lighting rates. According to Oncor, rates would increase by approximately $60 on an annual basis for an average residential customer. Approval of Resolution No. 2011 -005 suspends the February 14, 2011 effective date of the Company's rate increase for the maximum period permitted by law to allow the city, working in conjunction with the Steering Committee of Cities served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -008; RESOLUTION No. 2011 -005. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 PU 2011 -003 AUTHORIZE THE PURCHASE AND INSTALLATION OF EQUIPMENT FROM CONSOLIDATED TRAFFIC CONTROLS IN THE AMOUNT OF $190,900 TO REPLACE THE EXISTING LOOP DETECTORS APPROVED Jimmy Cates, Public Works Operations Manager presented the item. This item is to request authorization to purchase video detection system at signalized intersections along Boulevard 26 from Glenview Drive to Walker Boulevard, Smithfield Road from Chapman Drive to Starnes Road and Glenview Drive from Rufe Snow to Vance Road. Currently the intersections use a pavement vehicle detection system that consists of small electrical current wires. Temperature changes and precipitation cause interference with the operation and pavement failure or movement of the pavement will City Council Minutes January 24, 2011 Page 10 cause the wires to break. When the system fails the signal Tight is affected, leading to traffic delays and an increase in fuel consumption and air pollution. The new video vehicle detection equipment is not effected by weather conditions or pavement failure /deterioration and has a life expectancy of up to 10 years. COUNCILMAN WELCH MOVED TO APPROVE PU 2011-003 AUTHORIZING THE PURCHASE AND INSTALLATION OF EQUIPMENT FROM CONSOLIDATED TRAFFIC CONTROLS IN THE AMOUNT OF $190,000 TO REPLACE THE EXISTING LOOP DETECTORS. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.6 GN 2011 -009 AMEND THE CODE OF ORDINANCES BY ADDING RESTRICTED RESIDENCY - ORDINANCE NO. 3125 APPROVED Assistant Police Chief Mike Hamlin presented the item. Currently, the City has no regulations governing the residential location of persons that were convicted or adjudicated for certain offenses as defined in Chapter 62 (Sex Offender Registration Program) of the Code of Criminal Procedure. The Police Department is seeking Council approval for an ordinance regulating the residency of certain persons convicted or adjudicated of certain offenses involving a victim younger than 17 years of age. Persons required to register as sex offenders stemming from offenses in which the victim was younger than 17 years of age are prohibited from residing within 1,000 feet of locations where children commonly gather. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -009; ORDINANCE No. 3125. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.7 PU 2011 -004 AUTHORIZE THE PURCHASE OF REPLACEMENT OF POINT-OF- SALE SYSTEM FOR NRH2O FAMILY WATERPARK FROM CENTAMAN INC. IN THE AMOUNT OF $161,375 APPROVED Chris Swartz, NRH Park Manager summarized the item. Item is to consider the purchase of replacement of the 2001 software system for NRH2O Family Water Park. As the park relies on this system for the collection of approximately $4,000,000 in revenue annually, this system's stability and set of features is of utmost importance to City Council Minutes January 24, 2011 Page 11 the continued operation of the park. The City requested Requests for Proposals in accordance with city policy and proposals were received from eight firms. The City's selections committee reviewed and evaluated the proposals and is recommending the purchase of the point of sale system from Centaman Systems in the amount of $161,375. COUNCILMAN WELCH MOVED TO APPROVE PU 2011 -004 AUTHORIZING THE PURCHASE OF THE REPLACEMENT OF THE POINT OF SALE SYSTEM FOR NRH2O IN THE AMOUNT OF $161,375. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 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)) George Staples, City Attorney, presented the item - (Venue at HomeTown vs City of North Richland Hills, et al, No. 352 - 237213 -9). A lawsuit was filed in 2009 against the City called Venue at Home Town vs City of NRH and Dave Pendley in his capacity as Building Inspector. The case is set for trial in February in District Court and as part of the court ordered process it was necessary for the City Manager and the City's Attorneys to attend mediation. After meeting in mediation, an agreement was reached that Staff feels appropriate for Council to consider. Mr. Staples recommended to Council that they authorize the City Attorney to enter into an agreed judgment on the following terms agreed to in mediation — the judgment would have effect only with respect to the Venue I and would allow the conversion of the bottom floors of two of the existing buildings that are finished out with commercial space to no more than 20 multi- family units; each party will bear their own attorneys fees and expenses; and that none of this will have any effect on any of the city's ordinances or have any bearing on any of the other litigation that the city is involved with. City Council Minutes January 24, 2011 Page 12 In response to questions from the Council, Mr. Staples reconfirmed that it would not impact any of the other ongoing litigation; the judgment only impacts two buildings (Bldgs 3A and 3B) at Venue I on the ground level that is currently constructed as retail space, and the option would remain to convert the space back to commercial if there was a change in the market. COUNCILMAN TURNAGE MOVED TO AUTHORIZE THE CITY ATTORNEY TO ENTER INTO A JUDGMENT IN CAUSE No. 352 - 237213 -9 AS OUTLINED ALLOWING CONVERSION OF COMMERCIAL SPACE IN EXISTING VENUE ONE BUILDINGS 3A AND 3B TO NO MORE THAN 20 MULTIFAMILY UNITS. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -2, COUNCILMAN WELCH AND COUNCILMAN BARTH AGAINST. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Turnage made the following announcements. The City of North Richland Hills will host its annual Daddy- Daughter Valentine Dance on Saturday, February 5th. Ages 3 to 7 are invited to dance from 6 p.m. to 7:30 p.m., while ages 8 to 16 are invited from 8 p.m. to 9:30 p.m. The cost is $8 per person. Tickets are on sale at the NRH Recreation Center. For more details, please call 817- 427 -6600. Volunteers from AARP will be at the North Richland Hills Public Library each Monday from February 7th through April 11th to assist people with their tax returns. Taxpayers of all ages are eligible for this free service. Appointments are required. To make an appointment or get more information, please call the Library at 817 - 427 -6814. Kudos Korner - Joe Slinkard, Matt Visser, Becca Collins, Jenny Cort and Christi Garcia, Police Department. A resident recently called to express her deep appreciation and thanks to those in the Police Department who helped her after she had been defrauded and lost every penny. The police investigated her case and helped her with the bank paperwork in order to recover her money. They also helped her pay a month of rent and electricity so she would not lose her apartment. As a senior citizen with no family, she is thankful that someone was there to help. It is clear that the NRH Police Department truly cares for its residents, she said. City Council Minutes January 24, 2011 Page 13 H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:10 p.m. / AFe0 PL b Oscar wino — Mayor � � H Lq�o , .. Uf S ri '' �"t Hu ' .p _ Secretary