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HomeMy WebLinkAboutCC 2011-10-24 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 — OCTOBER 24, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 24 day of October 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 Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 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 Mike Curtis Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin Weegar Assistant to City Manager John Pitstick Director of Planning & Development Craig Hulse Director of Economic Development Gregory VanNieuwenhuize Assistant Public Works Director Dave Pendley Building Official Andy Kancel Assistant Police Chief Absent: Ken Sapp Council, Place 2 Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meeting There were no questions. A.1 Discuss the Scheduling of the November and December Council Meetings City Council Minutes October 24, 2011 Page 2 Ms. Patricia Hutson, City Secretary, advised that the November 28 Council meeting was in close proximity to the Thanksgiving holiday and the December 26 Council meeting was on a city holiday. Staff is recommending that the second council meetings in November and December be cancelled. The consensus of the Council was to cancel the November 28 and December 26 City Council meetings. A.2 Discuss Upcoming Construction along the North Tarrant Express Mr. Craig Hulse, Director of Economic Development updated Council on the upcoming construction of the North Tarrant Express project within the city limits of North Richland Hills. Construction is set to begin in North Richland Hills in November. Mr. Hulse explained to Council the construction activity and traffic impact associated with the expansion of the westbound frontage road, new eastbound frontage road, the expansion of the Loop 820 bridge over Holiday Lane and expanded lane capacity below Iron Horse Bridge. The Iron Horse Bridge will remain open through the holiday season. Council was advised of driveways that would remain open through the holiday season and that directional signage will be erected at closed driveways to direct traffic to the next driveway. Council discussed how the reduction of the westbound frontage road to one lane during construction will not allow truck traffic to maneuver across the bridge. Council requested that signage also be erected prohibiting truck traffic along this section of the roadway. Council was advised that all businesses directly impacted by the construction are being notified and the NRH Business Mobility Team has a meeting scheduled for November 16. 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) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) Mayor Trevino announced at 6:17 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 to consult with Attorney regarding Pending Litigation — 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1). C.0 Adjournment City Council Minutes October 24, 2011 Page 3 Mayor Trevino announced at 6:21 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 October 24, 2011 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 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 Mike Curtis Managing Director Patricia Hutson City Secretary George Staples Attorney Absent: Ken Sapp Council, Place 2 A.1 INVOCATION Councilman Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Rodriguez led the pledge of allegiance. City Council Minutes October 24, 2011 Page 4 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) SCENIC CITY CERTIFICATION AWARD Mr. Mark Hindman, City Manager, advised the City was recently certified by Scenic Texas as a Scenic City. The award was announced at Texas Municipal League's annual October conference. Mr. Hindman presented the award to the Mayor and City Council and recognized the Staff members who contributed to the application — Dave Pendley, Joe Pack, John Pitstick, Caroline Waggoner and Craig Hulse. The Scenic City Certification Program incorporates a comprehensive set of standards for design and development of public roadways and public spaces. Cities who receive the highest evaluation scores are certified. North Richland Hills was able to achieve Silver status in its first year and enjoys certification with the neighboring cities of Keller, Trophy Club, Roanoke, Westlake and Grapevine. A.4 REPORT ON FALL FIX -IT BLITZ Ms. JoAnn Stout, Director of Neighborhood Services, presented an overview of the accomplishments of the Neighborhood Initiative Program since its inception in 2004. The program was expanded in 2009 to include volunteers assisting in repairing the exterior of properties that meet the qualifications of being low income, a senior citizen, single parent or persons with disabilities. The City recently partnered with the Community Enrichment Center to hire a NIP Project Manager. Ms. Stout introduced the NIP Project Manager, Mike Glover. Mr. Glover gave a report on the Fall Fix -it Blitz held October 15 and 16. Mr. Glover reported that over 280 volunteers worked together to complete 18 projects that included projects such as home maintenance, repairs, and yard work. A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes October 24, 2011 Page 5 B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF OCTOBER 10, 2011 CITY COUNCIL MEETING COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -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 -018 APPROVE A CHANGE ORDER TO L.H. LACY CONSTRUCTION, LTD. IN THE AMOUNT OF $71,103.50 ON THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT (ST0201) APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, advised Staff was requesting approval of a change order on the North Tarrant Parkway Street Improvements Project to L.H. Lacy Construction, LTD. The project is a joint project with the City of Keller and the change order will be wholly paid by the City of Keller for improvements in the City of Keller. The Interlocal Agreement with Keller provides that North Richland Hills is the "lead" City and as the lead city, any grants for funding and contracts associated with the project are in the name of North Richland Hills. The project is divided into three phases — Keller Section, Joint Section and North Richland Hills Section. In the Joint and NRH sections, the entire right -of way width will be irrigated to provide irrigation coverage for all trees, grass and landscape plantings. The Keller section project plans call for a limited irrigation system to water trees only. City Council Minutes October 24, 2011 Page 6 During construction, Keller has decided to expand their irrigation coverage. The contractor provided a price of $71,103.50 to the City of Keller for the expanded irrigation system in their section. The Keller City Council has approved expending $71,103.50 with a recommendation to North Richland Hills to approve the corresponding change order. COUNCILMAN WELCH MOVED TO APPROVE PW 2011 -018, APPROVING A CHANGE ORDER TO L.H. LACY CONSTRUCTION, LTD. IN THE AMOUNT OF $71,103.50 ON THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT (ST0201). COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.0 GENERAL ITEMS F.1 GN 2011 -093 APPOINTMENT OF CHAIR TO REINVESTMENT ZONE NUMBER 1 (TIF 1) AND CHAIR TO REINVESTMENT ZONE NUMBER 2 (TIF 2) APPROVED Patricia Hutson, City Secretary, presented the item. The Bylaws for Reinvestment Zones Number 1 and Number 2 require the Council to appoint annually a chair to each board. Mayor Trevino has been serving as the Chair on both boards. Council is requested to make their annual appointment of the Chair of Reinvestment Zone Number 1 and the Chair of Reinvestment Zone Number 2. COUNCILMAN LOMBARD MOVED TO APPOINT MAYOR TREVINO AS THE CHAIR OF REINVESTMENT ZONE NUMBER 1 AND CHAIR OF REINVESTMENT ZONE NUMBER 2. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 GN 2011 -094 CONSIDERATION OF ORDINANCE REGARDING RESIDENTIAL HOUSING STANDARDS FOR SINGLE - FAMILY RENTAL UNITS - ORDINANCE NO. 3162 APPROVED Mayor Trevino advised that this item is not a public hearing but that several individuals were requesting to speak on the item. Council Rules of Procedure provides that any City Council Minutes October 24, 2011 Page 7 person wishing to speak on an item on an agenda, which is not listed as a public hearing, may complete a public meeting appearance request card and present it to the city secretary prior to the matter being reached. Any member of the council, including the mayor, may request that the person be heard. Unless another member of the council objects, the mayor shall allow such person to speak. If there is an objection the mayor shall submit to the council the question of whether the person shall be heard. If a majority votes to hear the requestor, the mayor shall allow such person to speak. Mayor Trevino asked Council if they would concur with allowing the individuals who had submitted requests to speak, to speak on the item. All members of the Council concurred with receiving input from the individuals who had submitted a public meeting appearance request card. Mr. Dave Pendley, Building Official, presented a PowerPoint presentation highlighting a proposed ordinance that would require a Certificate of Occupancy (C.O.) be issued to a building owner prior to a tenant occupying a rental unit in a single - family, two- family, three - family, four - family, or townhome. Mr. Pendley explained why a housing standard program for single - family rentals was being recommended, discussed other DFW municipalities with rental programs and examples were given of rental units in need of repair. Mr. Pendley highlighted provisions of the ordinance: • All rental units would be required to pass an inspection for minimum maintenance /safety standards found in the city's substandard building provisions prior to tenant occupancy • No registration or annual fees • Inspection at tenant turnover • Effective date of January 1, 2012 • Building permit fees for required repairs waived until July 1, 2012 • Units occupied by the landlord's direct family member(s) exempt • 1 St time rentals to prevent foreclosure (or similar hardship) exempt Mr. Pendley explained how he envisioned the inspection program would work and clarified some of the concerns brought to Staff's attention: • Does not require rentals to be brought to current building code requirements • No fees in foreseeable future • Similar programs in other cities have not discouraged investment • Inspections will not cause delays • Inspections take place at "make- ready ". Mayor Trevino questioned if the ordinance could be reviewed in two or three years for effectiveness, if the start date could be changed to April 2 and if no fees in the future could be guaranteed. Council was advised that there would not be any issues with reviewing the ordinance in the future for its effectiveness and with revising the effective date, but that Council could not commit future councils to not implementing fees. City Council Minutes October 24, 2011 Page 8 The following individuals spoke against the proposed ordinance. • Johnny Williams, 4904 Delta Court, NRH (realtor, investor and resident) • Linda Sutphin, 5031 Mary Anna Way, NRH (resident, realtor and owner of multi - rent properties in NRH) • Steve Kettering, 8605 Hudson Street, NRH (landlord with 4 residential properties in NRH) • Charles Reading, 7324 & 7320 Meadowbrook Drive, NRH (property occupied by family member) • Cindy Carriger, 8448 Ruthette Drive, NRH (owner of fourplex) • Loyce Shirley, 8324 Thornhaven Court, NRH (resident, landlord and realtor) • Steve Behringer, 14300 Scenic Ridge Road, Haslet / office 5755 Rufe Snow • Ron Koehn, 5400 Oak Haven Road, Keller (owns property in NRH and property manager for 20 rental units) • Lila Daniels, 7008 Sao Paulo Court, NRH (landlord) • Mary Sue Wood, 416 Fairhaven, Hurst (owns property in NRH) — concerns addressed by others and opted not to speak • Cathy Brandon, 1220 -G Airport Freeway, Bedford (resident of Haslet; 3 rental properties in NRH) • Aaron Miller, 605 Elaine Street, Keller (19 rental properties in NRH and property manager of 60+ in NRH) • Eileen Miller, 605 Elaine Street, Keller (real estate broker and property manager) • Judy Jones, representing Metro Tex Association of Realtors Comments from the individuals who spoke included: • Opposed to any restrictions • Code enforcement should be strengthened • Clearer definitions needed in the ordinance; ordinance too open- ended. • Enforce substandard properties through condemnation; use current regulations to address maintenance issues with rental properties • Suggestion — allow properties receiving a favorable CO to be exempt the next two or three times • Concerns with serious long term unexpected consequences • Regulations will discourage property investments; statistics show property values do not increase in cities with rental programs • Restrictions don't apply to owner occupied homes; enforcement of health and safety ordinances should not depend on the occupancy status of a property but should be applied to all property • Concern that fees will be added in future years • Alternative methods suggested to address maintenance issues — complaint based program, rental registration program requiring local contact information for City Council Minutes October 24, 2011 Page 9 each rental unit; one year trial program similar to the city's current Neighborhood Initiative Program with a task force comprised of realtors, investors, landlords and vendors • Metro Tex Association would welcome the opportunity to partner with City to develop a program to bridge the gap through Metro Texas Association of Realtors property management community. Mayor Trevino requested the City Manager address 1) exempting those rental properties receiving favorable inspections from inspections if they have tenant move outs within two or three years of inspection; 2) the Council's philosophy on code enforcement; 3) the length of time this regulation has been under consideration and stakeholder input. Mr. Hindman advised the extended time frame is technically possible for those units receiving favorable inspections with the establishment of some criteria. Mr. Hindman discussed the perception that the City was not aggressively looking at owner occupied properties and explained how there is a lot of activity going on behind the scene that is not evident. Staff's approach has been and Council has instructed staff to work with property owners, to educate them and try to attain cooperation to remedy the problem rather than issuing notices of violation, citations, and attaching liens to property. Through the Neighborhood Initiative Program, 78% of the owner occupied properties considered to be substandard in the target area have been brought into compliance. Over the last year the City has also pursued through the Substandard Building Board the demolition of approximately 14 properties. This program is becoming a difficult, if not impossible program to pursue through the courts. The City has been working on a rental program for over two years considering a variety of programs and receiving input from stakeholders during the two -year process. Mayor Trevino requested Council consider amending the ordinance to review the effectiveness of ordinance in two years and move the start date from January to April 2, 2012. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -094, ORDINANCE NO. 3162. COUNCILMAN TURNAGE SECONDED THE MOTION.. MAYOR PRO TEM BARTH REQUESTED THE MOTION BE AMENDED TO ADD A PROVISION TO REVIEW THE EFFECTIVENESS OF THE ORDINANCE IN TWO YEARS, AND TO CHANGE THE EFFECTIVE DATE TO APRIL 2, 2012. COUNCILMAN LOMBARD SECONDED THE AMENDMENT. COUNCILMAN TURNAGE ACCEPTED THE AMENDMENT. COUNCILMAN TURNAGE FURTHER AMENDED THE MOTION TO ADD THAT HOMES THAT HAVE PASSED INSPECTION PREVIOUSLY WOULD NOT BE SUBJECT TO INSPECTION AGAIN FOR AT LEAST ONE YEAR. COUNCILMAN RODRIGUEZ SECONDED THE AMENDMENT. COUNCILMAN LOMBARD ACCEPTED THE AMENDMENT TO THE MOTION. City Council Minutes October 24, 2011 Page 10 MAYOR TREVINO ADVISED THE MOTION ON THE FLOOR WAS TO APPROVE ORDINANCE NO. 3162 AS WRITTEN WITH ADDITIONAL PROVISIONS TO REVIEW THE EFFECTIVENESS OF THE ORDINANCE IN TWO YEARS, CHANGE THE EFFECTIVE DATE TO APRIL 2, 2012 AND THAT NO INDIVIDUAL RENTAL UNIT AFTER IT PASSES ITS INSPECTION GETS AN INSPECTION FOR 375 DAYS. COUNCILMAN WELCH REQUESTED AN AMENDMENT TO THE MOTION THAT WOULD REDUCE THAT TO A ONE -YEAR TRIAL RENTAL PROGRAM IF AND ONLY IF THE NORTH RICHLAND HILLS LANDLORDS OR THE RENTAL GROUPS PUT TOGETHER SOME KIND OF TASK FORCE WORKING WITH THE CITY MANAGER AND RECOMMEND AN ALTERNATIVE EFFECTIVE ORDINANCE FOR COUNCIL TO CONSIDER. COUNCILMAN WHITSON SECONDED THE AMENDMENT. COUNCILMAN LOMBARD AND COUNCILMAN TURNAGE ACCEPTED THE ADDITIONAL AMENDMENT. At the request of Council, Staff will bring back for Council consideration before the April 2 effective date language for an "Atta boy" for those homes in excellent condition that would be on top of the one -year inspection exemption and if complaints are receive the Atta boy would go away. Mayor Trevino advised that Councilman Sapp was unable to attend the Council meeting but had submitted an email with his comments. Mayor Trevino read Councilman Sapp's email which expressed his opposition to the ordinance and his reasons. The email also stated that he would support ordinances that would require all houses to be brought up to a common exterior standard, which would be non - discriminatory and help raise neighborhood values through improved appearance. AFTER COMMENTS FROM THE MAYOR AND COUNCIL, MAYOR TREVINO REQUESTED CLARIFICATION ON COUNCILMAN WELCH'S AMENDMENT TO THE MOTION. MAYOR TREVINO STATED THE AMENDMENT WAS BASED ON REALTOR GROUP PARTICIPATION AND HE ASKED FOR CLARIFICATION ON WHAT PARTICIPATION MEANS (I.E., IS IT ONLY WRITING A PROGRAM) AND IF THEY DO NOT DO IT WHAT HAPPENS. COUNCILMAN WELCH ADVISED HE FELT THAT THE FIRST SIX MONTHS WOULD GIVE THE LANDLORDS AN OPPORTUNITY TO UNDERSTAND HOW THE PROGRAM WORKS. IF THE LANDLORDS ARE NOT PLEASED WITH THE PROGRAM, HE WOULD LIKE TO SEE THEM WORK TOGETHER AND DEVELOP AN ALTERNATIVE PROGRAM FOR COUNCIL TO CONSIDER. The Council concurred with the clarification. MOTION TO APPROVE CARRIED 6 -0. G.0 EXECUTIVE SESSION ITEMS City Council Minutes October 24, 2011 Page 11 GA ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. Early voting for the election to amend the State Constitution began today and continues through Friday, November 4th. In North Richland Hills, early voting is being conducted at the Recreation Center located at 6720 NE Loop 820. For more information about the election, visit the Tarrant County Elections website at tarrantcounty.com /eVote or call 817- 831 -8683. Join us for the 8th Annual Hoot n' Howl event from 5 to 8 p.m. this Saturday, October 29th, at Green Valley Park. Activities include free games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more details, please call 817 - 427 -6600. The NRH Police Department is partnering with the Drug Enforcement Administration for the national "Take Back" initiative. This initiative provides the public an opportunity to safely discard prescription medication for proper destruction. Unused, expired and unwanted prescription drugs can be dropped off at the NRH Fire Administration Building on Saturday, October 29th between 10 a.m. and 2 p.m. For more information, please call 817- 427 -7000. Kudos Korner - David Lopez, Wesley Layfield and Miguel Bermea, Public Works Department. A resident called to thank the men who worked in the early morning hours on a water main break on his street. They were quiet, considering the job they had to do, and they were quick. The water was back on before his wife even knew there was a problem, the resident said. He was very pleased and wanted the City to know these employees did a great job. City Council Minutes October 24, 2011 Page 12 H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:48 p. 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