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HomeMy WebLinkAboutCC 2011-02-28 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 — FEBRUARY 28, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28 day of February 2011 at 6:00 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 Thomas Powell Fleet Services Director Craig Hulse Economic Development Director Gregory VanNieuwenhuizeAssistant Public Works Director Mike Hamlin Assistant Police Chief Jamie Brockway Purchasing Manager Dave Pendley Building Official Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. City Council Minutes February 28, 2011 Page 2 A.2 Discuss Federal Legislative Positions Ms. Karen Bostic highlighted the City's proposed 2011 Federal Legislative Positions. As in previous years, four guiding principles were used to determine positions on city related issues expected to come forward during the legislative session. Ms. Bostic highlighted the four guiding principles — local control, predictable and sufficient level of revenue to provide for our citizens, opposition to unfunded mandates and quality of life. The highest priorities and the city's positions were presented — Transportation, Rights of Way, Community Development Block Grant, Public Safety Collective Bargaining, Border Security and Immigration and Healthcare Reform. Ms. Bostic clarified that in the Council's packet of information the reference under the material on Healthcare Reform to part time employees is part time employees who work a minimum of 30 hours per week. There were no questions from the Council. Council concurred with the City's 2011 Federal Legislative Positions. 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 purchase, exchange, lease or value of property - 1) Parcel 96 located at 6720 Northeast Loop 820; 2) Parcel 135 located at 7301 Northeast Loop 820; 3) Parcel 152 located at 820 and Cummings Drive; 4) Parcel 150 located at 4816 Cummings Drive East; 5) Parcel 134B located at Holiday Lane and Maplewood Avenue 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) Mayor Trevino announced at 6:08 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.072 to deliberate the purchase, exchange, lease or value of property — 1) Parcel 96 located at 6720 Northeast Loop 820; 2) Parcel 135 located at 7301 Northeast Loop 820; 3) Parcel 152 located at 820 and Cummings Drive; 4) Parcel 150 located at 4816 Cummings Drive East; and Parcel 134B located at Holiday Lane and Maplewood Avenue and 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). C.0 Adjournment City Council Minutes February 28, 2011 Page 3 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 February 28, 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 Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE City Council Minutes February 28, 2011 Page 4 Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION 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 FEBRUARY 14, 2011 CITY COUNCIL MEETING B.2 GN 2011 -017 AUTHORIZE REPLACEMENT DEED COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.0 PUBLIC HEARINGS C.1 GN 2011 -013 CONDUCT A PUBLIC HEARING FOR THE 37TH YEAR COMMUNITY BLOCK GRANT PROGRAM Mayor Trevino opened the public hearing. City Council Minutes February 28, 2011 Page 5 Ms. Dana Alden, Assistant to the City Manager, presented the item. Community Development Block Grant (CDBG) funds are used to revitalize neighborhoods, economic development and to provide public facilities and services for low to moderate income persons. Eligible CDBG projects include construction or rehabilitation of homes, and basic infrastructure development that target designated areas /persons. The projects selected by the City must fall in the geographic area identified by the most recent census as being an area with low to moderate income persons. The City has prepared a program for the 37 CDBG program year that proposes total funds of $245,091 to be used in the following manner: • $200,091 for the design and replacement of a portion of the sanitary sewer line for the 3900 and 4000 blocks of Scruggs Drive (approximately 1200 linear feet between Glenview on the north and Harmonson on the south) • $45,000 to be used for the rehabilitation of residential homes located within the target area identified by the most recent census as being low to moderate income. The City has submitted application to Tarrant County who administers the program. The City is required to hold a public hearing to receive comments and input from citizens regarding the proposed 37 CDBG program. Following the public hearing, a resolution to approve the program is required. Mayor Trevino called for comments on the 37 year CDBG program. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.2 GN 2011 -014 APPROVE 37TH YEAR (2011/2012) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION NO. 2011 -009 (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C -1) APPROVED This item is the second part to the Community Development Block Grant (CDBG) process. Following the public hearing held during Item C.1, City Council is required to take action on the projects to be included in the 37 Year CDBG program. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -014, RESOLUTION No. 2011 -009. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 City Council Minutes February 28, 2011 Page 6 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -004 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. IN THE AMOUNT OF $78,000 FOR THE DAVIS BOULEVARD AND MID - CITIES BOULEVARD INTERSECTION IMPROVEMENTS PROJECT (ST0401) APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being asked to amend an existing professional services contract for the Davis Boulevard /Mid- Cities Boulevard Intersection (TEA 21) Capital Improvements Project. Freese and Nichols was awarded a professional services agreement in 2008 for the project. Because Davis Boulevard is a state highway, City Staff and Freese and Nichols have been working with the State on the design and construction of the project. As a result of complying with TxDOT requirements, additional design requirements q g q s requested by the Fort Worth District Office will necessitate the acquisition of additional right of way, additional utility relocations, etc. Council is being requested to approve a proposed amendment in the amount of $78,000 that addresses the additional work required of Freese and Nichols in order to comply with TxDOT's requirements. MAYOR PRO TEM SAPP MOVED TO APPROVE PW 2011 -004, APPROVING THE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. IN THE AMOUNT OF $78,000 FOR THE DAVIS BOULEVARD AND MID - CITIES BOULEVARD INTERSECTION IMPROVEMENTS PROJECTS. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 PU 2011 -007 REVISE THE FY 2010/2011 CAPITAL PROJECTS BUDGET, APPROVE THE PURCHASE OF FRAZER AMBULANCE FROM DALLAS DODGE CHRYSLER JEEP IN THE AMOUNT OF $179,200 AND AUTHORIZE THE CITY MANAGER TO SIGN GRANT AMENDMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF City Council Minutes February 28, 2011 Page 7 GOVERNMENTS FOR THE ON -ROAD HEAVY -DUTY REPLACEMENT AND REPOWER PROGRAM - RESOLUTION NO. 2011 -006 APPROVED Mr. Thomas Powell, Director of Fleet Services, presented an item for Council to consider approval of additional funding under the On -Road Heavy -Duty Replacement and Repower Program administered by the North Central Texas Council of Governments (NCTCOG). American Recover and Reinvestment Act (ARRA) grant funding was approved in FY 2009 -2010 in the amount of $188,850 to assist with the purchase of a Fire Department ambulance and pumper truck. Of the original grant funding, the amount utilized was $171,850 leaving an available balance of $17,000. In February 2011 the original grant funding was increased by $33,000 resulting in a total available balance of $50,000. The balance can be used to assist with the replacement of a 1996 ambulance currently scheduled to be replaced in FY 2011 -2012. To satisfy the deadline requirements of the grant and to take advantage of the remaining balance it will be necessary to purchase the ambulance prior to the end of FY 2010 -2011. Council is requested to approve a revision to the FY 2010 -2011 Capital Projects Budget, approve Resolution No. 2011 -006, approve execution of the grant agreement with NCTCOG in the amount of $221,850 and approve the purchase of a Frazier Ambulance from Dallas Dodge Chrysler Jeep in the amount of $179,200. Certificates of Obligation in the amount of $150,000 will be issued to cover the remaining funding requirements. COUNCILMAN LOMBARD MOVED TO APPROVE PU 2011 -007, REVISING THE FY 2010 -2011 CAPITAL PROJECTS BUDGET, APPROVING RESOLUTION No. 2011 -006, AND APPROVING THE PURCHASE OF A FRAZIER AMBULANCE FROM DALLAS DODGE CHRYSLER JEEP IN THE AMOUNT OF $179,200. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2011 -015 AMENDING APPENDIX A FEE SCHEDULE OF THE CODE OF ORDINANCES PLUMBING PERMITS - ORDINANCE NO. 3129 APPROVED Mr. Dave Pendley, Building Official, presented the item. Council is being requested to consider Ordinance No. 3129 which will eliminate the registration fee of plumbing contractors and update the fees charged for plumbing permits. During the last legislative session, SB 1354 was passed prohibiting municipalities from charging plumbing contractors a local registration fee. Because of inconsistent language in the text, several cities including North Richland Hills, continued to charge the registration fee. On September 30, 2010 Staff stopped collecting this fee at the direction of the City Attorney. In an effort to recoup the fees that supports staff time committed to managing City Council Minutes February 28, 2011 Page 8 registrations, several options were considered. Staff concluded the best option to be a 30% across - the -board increase. The option is fair to all contractors and creates Tess of an impact on the smaller, frequent permits. A fee survey was conducted and Staff found that a 30% increase did not put North Richland Hills out of line with fees currently being charged by neighboring municipalities. COUNCILMAN WELCH MOVED TO APPROVE GN 2011 -015, ORDINANCE No. 3129. COUNCILMAN WHITSON SECONDED THE MOTION, MOTION TO APPROVE CARRIED 7 -0. F.3 PU 2011 -008 AUTHORIZE THE PURCHASE OF GRANT - FUNDED EQUIPMENT FROM ICX TECHNOLOGIES IN THE AMOUNT OF $ 115,293.01 APPROVED Mr. Mike Hamlin, Assistant Police Chief, presented the item. Council is being requested to authorize the purchase of a grant- funded mobile elevated observation platform from ICX Technologies. The equipment will initially be purchased from the Department's Special Investigations Fund. The City will be reimbursed 100% of the $80,000 grant once the purchase is completed. COUNCILMAN TURNAGE MOVED TO APPROVE PU 2011 -008, AUTHORIZING THE PURCHASE OF GRANT - FUNDED EQUIPMENT FROM ICX TECHNOLOGIES IN THE AMOUNT OF $115,293.01. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2011 -016 APPOINTMENTS TO NAMING BOARD APPROVED Mayor Trevino advised Council that Councilmen Lombard, Barth and Turnage have been serving on the Naming Board for several years and that one of the members had requested to step down. Mayor Trevino advised he was recommending the appointment of Councilmen Lombard, Whitson, and Turnage to the Board. MAYOR PRO TEM SAPP MOVED TO APPROVE GN 2011 -016, APPROVING THE RECOMMENDATION OF THE MAYOR TO APPOINT COUNCILMAN LOMBARD, COUNCILMAN WHITSON, AND COUNCILMAN TURNAGE TO THE NAMING BOARD. COUNCILMAN WELCH SECONDED THE MOTION. City Council Minutes February 28, 2011 Page 9 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 CONSIDERATION OF THE PURCHASE, EXCHANGE, LEASE OR VALUE OF PROPERTY LOCATED AT 1) PARCEL 96 LOCATED AT 6720 NORTHEAST LOOP 820; 2) PARCEL 135 LOCATED AT 7301 NORTHEAST LOOP 820; 3) PARCEL 152 LOCATED AT 820 AND CUMMINGS DRIVE; 4) PARCEL 150 LOCATED AT 4816 CUMMINGS DRIVE EAST; AND 4) PARCEL 134B LOCATED AT HOLIDAY LANE AND MAPLEWOOD AVENUE RESOLUTION NOS. 2011 -010, 2011 -011, 2011 -012, 2011- 013, 2011 -014 APPROVED Mr. Jimmy Perdue, Director of Public Safety, presented the following items from Executive Session requiring Council action. Council was asked to consider Resolution Nos. 2011 -010 and 2011 -011 authorizing the City Manager to execute Possession and Use Agreements for Transportation Purposes with NTE Mobility Partners for Parcels 96 and 135 of the Loop 820 Construction Project. Execution of the agreements will allow NTE to take possession of the city's property located at 6720 and 7301 Northeast Loop 820 without diminishing the City's rights. Resolution No. 2011 -010 authorizes the City Manager to execute a Possession and Use Agreement for a 22,099 square foot of parcel of land known as Parcel 96 for the Loop 820 Widening Project. Resolution No. 2011 -011 authorizes the City Manager to execute a Possession and Use Agreement for an 11,055 square foot parcel of land known as Parcel 135 for the Loop 820 Widening Project. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION Nos. 2011 -01 0 AND 2011 -011 AUTHORIZING THE CITY MANAGER TO EXECUTE POSSESSION AND USE AGREEMENTS WITH NTE MOBILITY PARTNERS FOR PARCEL 96 AND PARCEL 135 OF THE LOOP 820 PROJECT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Council was next asked to consider Resolution Nos. 2011 -012, 2011 -013, and 2011- 014 to authorize the sale of City owned land identified as Parcels 150, 152 and 134B of City Council Minutes February 28, 2011 Page 10 the Loop 820 Construction Project and authorize the City Manager to execute a deed of sale for the properties to the State of Texas. • Resolution No. 2011 -012 authorizes the sale of a 3,159 square foot parcel of property owned by the City for $7,108 to the State of Texas (Parcel 150). Parcel 150 located at 4816 Cummings Drive is jointly owned by the City, Tarrant County and Birdville Independent School District. • Resolution No. 2011 -013 authorizes the sale of a 1,426 square foot parcel of property owned by the City for $2,139.00 to the State of Texas (Parcel 152). Parcel 152 is located at the south side of Northeast Loop 820, 180 feet southeast of East Cummings Drive. • Resolution No. 2011 -014 authorizes the sale of a 492 square foot parcel of property owned by the City for $1,000.00 to the State of Texas (Parcel 134B). Parcel 134B is located at the northeast corner of Holiday Lane and Maplewood Avenue. COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION Nos. 2011 -012, 2011 -013 AND 2011 -014 AUTHORIZING THE SALE OF CITY OWNED LAND IDENTIFIED AS PARCEL 150, PARCEL 152 AND PARCEL 134B OF THE LOOP 820 CONSTRUCTION PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE A DEED OF SALE FOR SAME PROPERTY. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tem Sapp made the following announcements. NRH2O is searching for team members who want a fun job this summer. Applicants must be at least 15 years old. For job descriptions, applications and more information, please visit nrh2o.com /jobs. Volunteers from AARP are continuing to assist residents with their tax returns each Monday through April 11th at the NRH Public Library. This free service is available to taxpayers of all ages. To make an appointment or get more information, please call the Library at 817 - 427 -6814. The Common Ground Community Garden is selling T- shirts, with all proceeds going into the garden fund. The shirts are $20 each. Visit the website nrhcommunitygarden.com for an order form. City Council Minutes February 28, 2011 Page 11 Kudos Korner — Cary Sieve, Bobby Thomas and Michael Autrey, Fire Department. A resident called to thank Cary, Bobby and Michael for their assistance during a winter storm earlier this month. While returning to the station after a call, these employees noticed several vehicles stuck in the snow and ice on Harwood Road. They blocked traffic, shoveled snow to free the stuck vehicles, and helped them turn around and get moving again. These men went out of their way to help and are an asset to the city, the caller stated. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:31 p.m. Osc o — Mayor � \01 L �AN� i " / ,, , ATTEST: —.. • � • ct i j Patricia Hu •, City ' = cr•.ar