HomeMy WebLinkAboutCC 2013-04-22 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 — APRIL 22, 2013
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
22 " day of April 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m.
regular Council meeting.
Present: Oscar Trevino Mayor
Tom Lombard Mayor Pro Tem, Council, Place 3
Tito Rodriguez Council, Place 1
Rita Wright Oujesky Council, Place 2
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
Kristin James Assistant to City Manager
John Pitstick Director of Planning & Development
Larry Koonce Finance Director
JoAnn Stout Neighborhood Services Director
Churn Mezger Humane Services Supervisor
Stan Tinney Fire Chief
Kirk Marcum Assistant Fire Chief
Kyle McAfee Assistant Fire Chief
Greg Lindsey Fire Marshal
Eric Cook Fire Captain
Bryon Bustamante NRH2O Park Lead
Chris Swartz NRH2O Park Manager
Clayton Comstock Senior Planner
Dave Pendley Building Official
Caroline Waggoner Engineer Associate
Greg VanNieuwenhuize Engineer
Craig Hulse Economic Development Director
Jerry Lewandowski Purchasing Manager
Frank Fiorello Police Technical Services Coordinator
City Council Minutes
April 22, 2013
Page 2
Don Wertzberger Project Manager
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 from the Council.
Agenda Item B.2 - Approval of Minutes of the April 8 Meeting - Patricia Hutson, City
Secretary, advised she had revised the April 8 work session minutes to reflect the
Mayor re- opening the work session as an open meeting and announcing the removal of
Item F.1 from the agenda. Council was provided with a copy of the revision.
Agenda Item F.1 — Gas Drilling Annual Permit Fee - Mark Hindman, City Manager,
advised the effective date for the permit had been changed from June 1 to October 1 to
coincide with the City's fiscal year.
A.1 Public Safety Emergency Preparedness Update
Mr. Kirk Marcum, Assistant Fire Chief, updated the Council on the City's emergency
preparedness discussing the Emergency Management staff, activation of the
Emergency Operations Center, the Code Red System and its features and apps
available to the citizens, and the City's outdoor warning siren system.
A.2 Regional Consolidation of Detention and Communication Services Update
Chief Perdue updated the Council on the consolidation of the detention and
communication services discussing the projected and actual volume of calls and
service, cost savings to the cities involved, benefits of the consolidation and reviewed
the start up costs. Chief Perdue reported that the program had proved itself financially
and was performing operationally as planned.
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 551.087 Texas Government Code
Regarding Economic Development Incentive in Northeast Sector of City
City Council Minutes
April 22, 2013
Page 3
B.2 Executive Session: Pursuant to Sections 551.071 and 551.072 Texas
Government Code to consider acquisition of an easement and confer with
Attorney concerning pending and contemplated litigation regarding an easement
in the Thomas Peck Survey
B.3 Executive Session: Pursuant to Section 551.072 Texas Government Code to
deliberate the purchase, exchange, lease or value of real property in the
southwest sector of the City
Mayor Trevino announced at 6:26 p.m. that the Council would convene into Executive
Session as authorized by Chapter 551, Texas Government Code, pursuant to the
following sections: Section 551.087 regarding development incentive in the northeast
sector of city, Sections 551.071 and 551.072 to consider acquisition of an easement
and confer with Attorney concerning pending and contemplated litigation regarding an
easement in the Thomas Peck Survey, and Section 551.072 to deliberate the purchase,
exchange, lease or value of real property in the southwest sector of the City.
C.0 Adjournment
Mayor Trevino announced at 6:58 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 April 22, 2013 at 7:03 p.m.
ROLL CALL
Present: Oscar Trevino Mayor
Tom Lombard Mayor Pro Tem, Council, Place 3
Tito Rodriguez Council, Place 1
Rita Wright Oujesky Council, Place 2
Tim Barth Council, Place 4
David Whitson Council, Place 5
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
City Council Minutes
April 22, 2013
Page 4
Staff:
Mark Hindman City Manager
Jared Miller Assistant City Manager
Karen Bostic Assistant City Manager
Mike Curtis Managing Director
Vickie Loftice Managing Director
Patricia Hutson City Secretary
Monica Solko Assistant City Secretary
George Staples Attorney
A.1
INVOCATION
Mayor Pro Tern Lombard gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Mayor Pro Tern Lombard led the pledge of allegiance.
A.3
SPECIAL PRESENTATION AND RECOGNITION(S)
No items for this category.
A.4
CITIZENS PRESENTATION
None.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
City Council Minutes
April 22, 2013
Page 5
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF FEBRUARY 8 -9, 2013 CITY COUNCIL
MEETING
B.2 APPROVAL OF MINUTES OF APRIL 8, 2013 CITY COUNCIL MEETING
B.3 AWARD BID 13 -009 FOR ANNUAL NRH2O FOOD SERVICE PRODUCTS TO
MULTIPLE VENDORS IN AN AMOUNT NOT TO EXCEED $150,000
B.4 RESCHEDULE THE MAY 27, 2013 CITY COUNCIL MEETING TO MAY 20,
2013
B.5 APPROVAL OF AGREEMENT WITH THE TODD COMPANY FOR AN
AMOUNT EXCEEDING $50,000
B.6 CONSIDER CONTRACT RENEWAL WITH REDFLEX TRAFFIC SYSTEMS,
INC.
COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C.0
PUBLIC HEARINGS
C.1
TR 2013 -02 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO
ARTICLE VIII "SCREENING AND FENCING REGULATIONS" AND SECTION
118 -001 "DEFINITIONS" OF THE NORTH RICHLAND HILLS ZONING
ORDINANCE - ORDINANCE NO. 3244
APPROVED
Mayor Trevino opened the public hearing and called on Clayton Comstock to present
the item.
Clayton Comstock, Senior Planner, summarized the item. Council is being asked to
approve Ordinance No. 3244 regarding proposed text revision to the city's screening
and fencing regulations section of the zoning ordinance (Article VIII).
City Council Minutes
April 22, 2013
Page 6
Revisions include:
• Rural Fence Types. A Rural Fence may be permitted in the front yard of any
property zoned AG or R -1 -S, with a minimum of one acre, and with at least 150
feet of frontage on a street. Said Rural Fence may not exceed five feet in height
and may be one of the following fence types: mortised split rail, wrought iron or
ornamental metal, tubular steel pipe, post- and -rail, or post- and - board. The use
of cable may be permitted in conjunction with tubular steel pipe fencing. The use
of continuous square mesh fencing, or "non- climb" fencing, and /or masonry
columns spaced 20 to 50 feet on center may be used in conjunction with any of
the aforementioned Rural Fence types. The use of barbed wire or electric
fencing for the purpose of livestock containment shall only be permitted in
conjunction with any of the aforementioned Rural Fence types.
• Dumpster Enclosures. This section was revised to provide dumpster enclosure
standards for size, height, material, etc. and includes the following specifications:
1. Constructed of masonry and design consistent with the primary building;
2. Minimum of 12 ft. by 12 ft. in size with a pedestrian access gate or opening;
3. Minimum of six feet in height;
4. Equipped with a solid metal gate with self - closing hinges;
5. Landscaped when sited adjacent to open space area
6. Located and oriented to minimize visual impact
• Fencing facing a collector or arterial.
1. New and replacement wood privacy fences along a collector or arterial street
shall face the finished side to the street
2. Wood privacy fences may not extend above a masonry subdivision wall
• Maintenance. New language was provided in the maintenance section to
provide better clarity to property owners and code compliance officers.
• Chain link fences (Section 118 -879).
(a) Chain link fences existing prior to the adoption of this Section may be
replaced with a permit.
(b) New chain link fences. New chain link fences shall not be permitted along any
thoroughfare, shall not be visible from the street, and shall be vinyl -clad or
powder- coated in black or dark green. New chain link fences visible from a
public street shall require a Special Use Permit in accordance with Division 6,
Article II of this chapter.
(c) Exceptions. Chain link fences may be permitted for fencing of dog runs,
sports courts, parks, playgrounds, school property, temporary/special events,
and construction sites.
Staff recommends approval of TR 2013 -02, Ordinance No. 3244 including the
amendment regarding chain link fences.
City Council Minutes
April 22, 2013
Page 7
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
COUNCILMAN WELCH MOVED TO APPROVE TR 2013 -02; ORDINANCE NO. 3244. COUNCILMAN
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
D.0
PLANNING & DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.0
PUBLIC WORKS
No items for this category.
F.0
GENERAL ITEMS
F.1
CONSIDER AMENDMENT TO CHAPTER 104 GAS DRILLING AND
PRODUCTION REGULATIONS TO INCREASE ANNUAL PERMIT FEE -
ORDINANCE NO. 3239
APPROVED
Stan Tinney, Fire Chief, presented the item. Staff is bringing forward a proposed
change to annual fees related to ongoing inspections of gas well sites, in an effort to
provide adequate response to inquiries and to provide general oversight of gas well
operations within the city. Staff recommends an increase from the current annual fee of
$2,000 per pad site to $8,000 per pad site per year. Annual permit fee review should
occur every three years.
City Council Minutes
April 22, 2013
Page 8
MAYOR PRO TEM LOMBARD MOVED TO APPROVE ORDINANCE NO. 3239. COUNCILMAN
BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.2
CONSIDER AMENDMENTS TO CHAPTER 14 - ANIMALS AND APPENDIX A - FEE
SCHEDULE OF THE CODE OF ORDINANCES - ORDINANCE NO. 3235
APPROVED
Chun Mezger, Humane Services Supervisor, presented the item. Staff is
recommending an amendment to Chapter 14 and Appendix A of the Code of
Ordinances of the City of North Richland Hills. Chapter 14 deals with the regulation of
animals, including dangerous dogs, and Appendix A establishes fees. A large portion
of the amendments deal with house cleaning items such as adding new definitions for
people who foster animals within the city, placing a limit on the number that they can
foster at one time and recognizing ferrets as a domestic animal. A notable change to
the ordinance deals with Dangerous Dogs. The terms 'registerable' and 'non
registerable' have been removed. The proposed ordinance will view a dog as either
dangerous or not dangerous and will include attacks on animals, as well as humans, as
part of the definition. The current ordinance does not address attacks on another
animal unless the other animal is killed. Also, dogs that have been deemed dangerous
by another city will not be allowed to reside in North Richland Hills. The registration fee
for a dangerous dog is proposed to increase from $63 to $600 to ensure that residents
who keep a dangerous dog in North Richland Hills are fully committed to maintaining
the associated safeguards and requirements. Staff has surveyed the fees of
neighboring cities and is proposing a few adjustments to bring fees in line with the
average. Staff is also recommending an increase in the adoption fee to recoup some of
the associated medical expenses. Staff recommends approval of Ordinance No. 3235.
COUNCILMAN RODRIGUEZ MOVED TO APPROVE ORDINANCE NO. 3235. COUNCILWOMAN
WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.3
APPROVE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY THAT
CREATES A WEST NILE VIRUS MOSQUITO SURVEILLANCE AND RESPONSE
PROGRAM AND AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH
AGREEMENT
APPROVED
City Council Minutes
April 22, 2013
Page 9
Eric Cook, Fire Captain, presented the item. This item approves an Interlocal
Agreement with Tarrant County that creates a West Nile Virus Mosquito Surveillance
and Response Program and authorizes the City Manager to execute such agreement.
The term of the Agreement will begin on the date of complete execution "Effective Date"
and will expire on September 30, 2013. It will automatically renew for successive terms
of 1 year each and can be terminated by either party upon 60 days written notice prior
to the beginning of any term of the Agreement.
MAYOR PRO TEM LOMBARD MOVED TO APPROVE AN INTERLOCAL AGREEMENT WITH TARRANT
COUNTY THAT CREATES A WEST NILE VIRUS MOSQUITO SURVEILLANCE AND RESPONSE
PROGRAM AND AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH AGREEMENT. COUNCILMAN
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
RECESS AND BACK TO ORDER
Mayor Trevino recessed the meeting at 7:47 p.m. and called the meeting back to order
at 8:03 p.m. with all members present as recorded.
G.0
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
B.1
ECONOMIC DEVELOPMENT INCENTIVE IN
NORTHEAST SECTOR OF CITY
APPROVED
Craig Hulse, Economic Development Director, summarized the item. A -S 116 Precinct
Line Road /North Tarrant Parkway, LTD. is a developer working with numerous retail
based businesses on a 27 acre project off North Tarrant Parkway in between Davis
Boulevard and Precinct Line. Their plan to bring quality retail tenants benefits not only
the City, but the region as a whole. In order to commence and ensure project success,
the framework for a partnership between the developer and the City is before Council
for possible consideration. Staff recommends City Council authorize the City Manager
to execute an Economic Development Agreement with 'A -S 116 Precinct Line
Road /North Tarrant Parkway, LTD.' subject to City Attorney approval.
City Council Minutes
April 22, 2013
Page 10
COUNCILMAN TURNAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ECONOMIC
DEVELOPMENT AGREEMENT WITH A -S 116 PRECINCT LINE ROAD /NORTH TARRANT PARKWAY,
LTD. SUBJECT TO CITY ATTORNEY APPROVAL. MAYOR PRO TEM LOMBARD SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 7 -0.
B.2
CONSIDER ACQUISITION OF AN EASEMENT AND CONFER
WITH ATTORNEY CONCERNING PENDING AND CONTEMPLATED
LITIGATION REGARDING AN EASEMENT IN THE THOMAS
PECK SURVEY — RESOLUTION NO. 2013 -014
APPROVED
Caroline Waggoner, Associate Engineer, summarized the item. Staff is requesting
approval of Resolution No. 2013 -014 and a City Developer Agreement to acquire an
offset sanitary sewer easement on the north part of town.
COUNCILMAN WELCH MOVED TO APPROVE. COUNCILMAN RODRIGUEZ SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 7 -0.
Motion for Item B.2 amended after Item H.1
H.0
INFORMATION AND REPORTS
H.1
NRH LIBRARY UPDATE IN CONJUNCTION WITH NATIONAL LIBRARY WEEK
Cecilia Barham, Library Director, updated Council on the library usage, new programs
and services in conjunction with National Library Week. Ms. Barham also reported on
trends in eBooks in libraries and how the NRH Library is adapting to the use of digital
books and other trends related to library services.
Mayor Trevino announced that Council needed to revisit Item G.1 (8.2) to amend the
motion to include additional language that was left off.
City Council Minutes
April 22, 2013
Page 11
GA
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
13.2
CONSIDER ACQUISITION OF AN EASEMENT AND CONFER
WITH ATTORNEY CONCERNING PENDING AND CONTEMPLATED
LITIGATION REGARDING AN EASEMENT IN THE THOMAS
PECK SURVEY — RESOLUTION NO. 2013 -014
APPROVED
Mayor Trevino called for the amended motion.
MAYOR PRO TEM LOMBARD MOVED THAT THE CITY COUNCIL AUTHORIZE THE USE OF THE
POWER OF EMINENT DOMAIN TO ACQUIRE A SANITARY SEWER EASEMENT IN THE PECK
ADDITION, TARRANT COUNTY, TEXAS AS DESCRIBED IN THE ATTACHMENT TO RESOLUTION NO.
2013 -014 AND ADOPT RESOLUTION NO. 2013 -014. COUNCILWOMAN WRIGHT OUJESKY
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
H.2
ANNOUNCEMENTS
Councilman Turnage made the following announcements.
The NRH Animal Adoption & Rescue Center and the Texas Coalition for Animal
Protection will host a Low Cost Pet Vaccination Clinic from 10 a.m. to noon on
Saturday, April 27, 2013 at Linda Spurlock Park, 6400 Glenview Drive. The clinic will
offer rabies vaccinations, canine and feline boosters and heartworm testing. NRH pet
license tags will also be available. For more information, please call 817 - 427 -6570.
Come out to Iron Horse Golf Course the evening of April 26th to enjoy a game of Glow
Ball. The event begins at 7:00 pm with registration and dinner and the 9 -hole glow ball
game will start at dusk. Registration costs $39.95 and includes: green fee, cart fee,
range balls, glow golf ball and a glow necklace. For more information call 817 -485-
6666.
Kudos Korner - John Baxter, Parks Department. A call was received from a patron of
the various NRH parks expressing appreciation to John for his quick response to a
request for repairing and maintaining working lights at the Norich Park. He was very
impressed with the dedication and pride that John and all the employees take with the
upkeep of the city parks.
City Council Minutes
April 22, 2013
Page 12
H.3
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:24 p.m
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