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HomeMy WebLinkAboutCC 2013-10-14 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 14, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14th day of October 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Tito Rodriguez Mayor Pro Tern, Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 (present at 6:09 p.m.) 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 Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Andy Kancel Assistant Police Chief Craig Hulse Economic Development Director Jerry Lewandowski Purchasing Manager Stan Tinney Fire Chief Kyle McAfee Assistant Fire Chief Don Wertzberger Project Manager Gregory VanNieuwenhuize City Engineer Jason Moore Management Assistant— Public Works Caroline Waggoner Assistant Public Works Director Engineer Jimmy Cates Public Works Operations Manager Boe Blankenship Public Works Superintendent Alan Knapp Public Works Superintendent Clayton Comstock Senior Planner Billy Owens Emergency Management Coordinator Absent: Oscar Trevino Mayor City Council Minutes October 14, 2013 Page 2 Call to Order Mayor Pro Tern Rodriguez called the work session to order at 6:00 p.m. Mayor Pro Tem Rodriguez recognized Ms. Sally Proffitt from Tarrant County College Northeast and students from her Business Leadership course. A.0 Discuss Items from Regular City Council Meeting There were no questions from Council. A.1 Discuss the Scheduling of the November and December Council Meetings Patricia Hutson, City Secretary requested direction from Council on whether they desired to hold the second council meetings in November and December. Both meetings occur during the Thanksgiving and Christmas holiday week. The consensus of Council was to cancel the November 25 and December 23 council meetings and if unexpected business occurs that cannot be handled at the remaining meetings, a special meeting will be called. 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 real property in the southwest sector of the City B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the west sector of the City Mayor Pro Tern Rodriguez announced at 6:02 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following section: 1) Section 551.072 to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City and in the west sector of the City. Councilman Barth present at 6:09 p.m. City Council Minutes October 14, 2013 Page 3 C.0 Adjournment Mayor Pro Tem Rodriguez announced at 6:35 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING AM CALL TO ORDER Mayor Pro Tem Rodriguez called the meeting to order October 14, 2013 at 7:00 p.m. ROLL CALL Present: Tito Rodriguez Mayor Pro Tern, Council, Place 1 Rita Wright Oujesky 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: 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 Absent: Oscar Trevino Mayor A.1 INVOCATION Councilman Barth gave the invocation. City Council Minutes October 14, 2013 Page 4 A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. Mayor Pro Tem Rodriguez recognized Ms. Sally Proffitt from Tarrant County College Northeast and students from her Business Leadership course. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA There were no items removed from the Consent Agenda. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 9, 2013 CITY COUNCIL MEETING B.2 AUTHORIZE THE PURCHASE OF BADGER WATER METER UNITS FROM ATLAS UTILITY SUPPLY COMPANY FOR AN AMOUNT NOT TO EXCEED $350,000 B.3 AWARD RFB 13-032 MISCELLANEOUS CONCRETE IMPROVEMENTS TO HARD KOUNTRY CONCRETE IN THE AMOUNT OF $331,700 B.4 AUTHORIZE PURCHASE OVER $50,000.00 BUT NOT EXCEEDING $93,500.00 OF CONSUMABLE MEDICAL SUPPLIES FROM BOUND TREE City Council Minutes October 14, 2013 Page 5 MEDICAL, LLC AND/OR HENRY SCHEIN, INC. THE PURCHASE IS A REGULARLY BUDGETED ITEM AND COINCIDES WITH THE INTER-LOCAL AGREEMENT WITH CEDAR HILL B.5 CONSIDER ACCEPTANCE OF THE 2013 STATE HOMELAND SECURITY PROGRAM - LAW ENFORCEMENT TERRORIST PREVENTION ACTIVITIES (SHSP LETPA) GRANT IN THE AMOUNT OF $9,500 FOR EQUIPMENT THAT WILL BE USED BY THE NORTHEAST FIRE DEPARTMENT ASSOCIATION'S BOMB TEAM COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.0 PUBLIC HEARINGS C.1 TR 2013-04 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO SECTION 118-875(C) OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, TO LIMIT AND REGULATE ELECTRIC FENCES - ORDINANCE NO. 3274 APPROVED Mayor Pro Tern Rodriguez opened the public hearing and called on John Pitstick to present the item. John Pitstick, Planning and Development Director, summarized the item. Staff is bringing this revision forward as a result of a recent Zoning Board of Adjustment (ZBA) hearing in which an electric fence was installed several years ago without a permit around the Service King vehicle storage area on Rufe Snow. Current regulations do allow for security fences of not less than six feet in height to be topped with barbed wire in the C2 and I-1 and 1-2 Industrial zoning districts. The proposed text revision would not affect any current commercial and industrial users with the exception of the Service King. The Service King business was granted a variance from ZBA and required to reduce the height of the existing electric fence to 8 feet. Staff recommends approval of Ordinance No. 3274. Mayor Pro Tem Rodriguez called for anyone wishing to speak for or against the request to come forward. City Council Minutes October 14, 2013 Page 6 There being no one wishing to speak, Mayor Pro Tern Rodriguez closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE TR 2013-04; ORDINANCE No. 3274. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.2 TR 2013-05 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO SECTION 118-493 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND AMENDING THE PLANNED DEVELOPMENT REGULATIONS - ORDINANCE NO. 3275 APPROVED Mayor Pro Tern Rodriguez opened the public hearing and called on John Pitstick to present the item. John Pitstick, Director of Planning & Development, summarized the item. Text changes are being proposed to the PD (Planned Development) regulations to clarify base district designations and to give discretion to City Council for allowing specific variances with mitigating circumstances. Specific changes are being made to the (a) Base District, (b) RD-PD standards and (d) NR-PD standards to clarify base district designations and also give discretion to the City Council for allowing variances. The new regulations do not list specific lot and area requirements but only list variances that are pertinent to the actual PD document for a specific tract of land. Staff recommends approval of Ordinance No. 3275. Mayor Pro Tern Rodriguez called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tern Rodriguez closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO APPROVE TR 2013-05; ORDINANCE No. 3275. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. C.3 ZC 2013-14 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GAGLIARDI GROUP, INC. ON BEHALF OF LAVERNE BUTTERFIELD LP, TEX City Council Minutes October 14, 2013 Page 7 MALL LP AND THE CITY OF NORTH RICHLAND HILLS FOR A ZONING CHANGE FROM C-1 COMMERCIAL TO NR-PD NON-RESIDENTIAL PLANNED DEVELOPMENT FOR "CITY POINT," AN APPROXIMATELY 74-ACRE MIXED-USE DEVELOPMENT LOCATED IN THE 7500 AND 7600 BLOCK OF BOULEVARD 26 (THE FORMER NORTH HILLS MALL SITE AND SELECT ADJACENT PARCELS); TO INCLUDE AMENDED USES AND REGULATIONS COMMENSURATE WITH THE "C-1" COMMERCIAL DISTRICT, THE NEW CITY HALL FOR NORTH RICHLAND HILLS, A MAXIMUM OF 300 MULTI-FAMILY RESIDENTIAL UNITS, AND OTHER USES - ORDINANCE NO. 3276 APPROVED Mayor Pro Tern Rodriguez open the public hearing and called on the applicant to present the item. Deborah Gagliardi, 5712 Cherywood, Arlington, Texas came forward. Ms. Gaglardi explained that the zoning request was for five districts (market, metro, manor, municipal, and entertainment) within the 74 acre tract of land. She was available to answer any questions Council may have. Clayton Comstock, Senior Planner, requested to present both Item C.3 and D.1 together since they were related. Mr. Comstock presented a PowerPoint presentation and summarized the item. Gagliardi Group, Inc. is requesting approval of a zoning change from "C-1" Commercial to "NR-PD" Non-Residential Planned Development at the former North Hills Mall site located on Boulevard 26 just south of NE Loop 820. The proposed Planned Development zoning would allow for a mix of uses, including 300 multi-family residential units, the new 180,000 square foot City Hall facility, retail, restaurant, office, hospitality, entertainment, and a 1-acre public plaza open space. Zoning SubDistricts include: Market District. The Market District is designed to be similar to NRH's Transit Oriented Development Code, where the commercial buildings will be built closer to the street, on-street parking and streetscaping will be provided, and the district is more scaled and oriented to the pedestrian. Metro District. The Metro District is on the far west, east and north corners of the development and is intended to accommodate more conventional suburban design and thus adopts "C-1" Commercial as a base district. This provides offices, retailers and restaurants with alternative areas and regulations from the more urban Market District. Townhomes within the Metro District. "Single Family Residential Attached Dwelling Units," or Townhomes, have been written in to be a permitted option in the Metro District east of the City Hall. The option may only be used in that City Council Minutes October 14, 2013 Page 8 location only after the rest of the PD is fully developed and only with Site Plan approval by City Council. Manor District. A maximum of 300 multi-family units will be permitted within the Manor District just southwest of the City Hall property. The development regulations for this district are consistent with those created for the Transit Oriented Development Code. Municipal District. The new City Hall facility will likely be the first to break ground in the City Point PD and is to be located in the Municipal District, which is at the terminus of the City Point Drive entry from Boulevard 26. The Municipal District adopts the "U" Institutional District as a base district. Entertainment District. The Entertainment District is more of a flexible, catch-all district designed to attract the best user. It allows commercial and office uses, but also permits health and fitness centers, theaters, outdoor amusement, hotels, etc. It adopts the "C-1" Commercial base district with specific standards for specific outdoor amusement uses. The Planning & Zoning Commission recommended approval by a 7-0 vote. Staff recommends approval of ZC 2013-14; Ordinance No. 3276. The replat request is from Kimley-Horn and Associates, Inc. who is requesting approval of a replat for City Point, a 6-lot mixed use development on approximately 78 acres at the southeast corner of Boulevard 26 and Rodger Line Drive. The Replat redefines the internal lot boundaries and public rights-of-way on the property formerly occupied by North Hills Mall and renames the area from "Calloway Farm" to "City Point." Approval of this Replat will accommodate the construction of the new City Hall facility and other private development associated with the "City Point PD" Planned Development Zoning District also being proposed by the property owner. The only lot not included in the Replat that was shown on the Preliminary Plat approved by the Planning and Zoning Commission on September 19 is Lot 1, Block 5, which is the proposed location of the sign for the development along Rodger Line Drive. This lot will be platted at a later date prior to construction of the sign. The Planning & Zoning Commission recommended approval by a (7-0) vote. Staff recommends approval of RP 2013-09. Mayor Pro Tem Rodriguez called for anyone wishing to speak for or against the zoning request to come forward. T.D. Jenkins, 8001 Limerick Lane, came forward. Mr. Jenkins opposed any rezoning that included apartments. Mr. Jenkins was concerned with the congestion of traffic, the construction congestion, and over populated schools in the city. Mr. Jenkins would like the city to adopt an ordinance banning more apartments in the city. City Council Minutes October 14, 2013 Page 9 There being no one else wishing to speak, Mayor Pro Tern Rodriguez closed the public hearing on ZC 2013-014 and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2013-14; ORDINANCE No. 3276. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2013-09 CONSIDERATION OF A REQUEST FROM KIMLEY-HORN AND ASSOCIATES, INC. FOR A REPLAT OF CITY POINT ADDITION ON 78.780 ACRES LOCATED IN THE 7500 AND 7600 BLOCKS OF BOULEVARD 26 APPROVED Mayor Pro Tern Rodriguez called on the applicant to come forward. Anna Carrillo, Kimley-Horn and Associates, Inc., 801 Cherry Street, Fort Worth, Civil Engineer and applicant of case RP 2013-09 came forward. Ms. Carrillo is requesting approval of the replat for the City Point Addition on 78.780 acres on behalf of the City of North Richland Hills and Gagliardi Group, Inc. She was available to answer any questions the Council may have. This item is not a public hearing but was discussed with Item C.3. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE RP 2013-09. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. D.2 CONSIDER STREET NAME CHANGE FROM ROAD TO THE MALL AND CAGLE DRIVE TO CITY POINT DRIVE - ORDINANCE NO. 3277 APPROVED John Pitstick, Planning and Development Director, presented the item. Staff is bringing forward a request to rename Road to the Mall and Cagle Drive to City Point Drive as part of the City Point and new City Hall development. Ten existing businesses are located on these streets. All businesses have been notified and are in support of the City Council Minutes October 14, 2013 Page 10 street name change. All property owners can receive mail at both addresses and will have the next 12 months to make necessary changes to business cards, stationery and other address changes. The City will notify the Post Office, utility companies and primary data and mapping companies. Staff recommends approval of Ordinance No. 3277. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 3277. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E.0 PUBLIC WORKS E.1 AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO HALFF ASSOCIATES FOR THE SMITHFIELD ROAD (DAVIS TO MID-CITIES) PROJECT (ST1304) APPROVED Caroline Waggoner, Assistant Director Engineering, summarized the item. Council is being asked to approve a professional services agreement with Half Associates for engineering design services the Capital Project identified as the Smithfield Road (Davis Blvd. to Mid-Cities Blvd.) Project. This project consists of realigning a portion of Smithfield Road so that it connects directly to Bridge Street at Davis Boulevard in accordance with the City's Master Thoroughfare Plan. In addition, the Smithfield Road pavement will be widened from the connection at Bridge Street to a point just north of Mid-Cities Boulevard. The project also includes the modification of two signalized intersections to accommodate the new Smithfield configuration, along with continuous sidewalks and a drainage system. The City requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 23 firms. The City's selections committee reviewed and evaluated the top four most qualified firm proposals and is recommending award of the professional service agreement to Half Associates, Inc. in an amount not to exceed $254,710 for the Smithfield Road (Davis to Mid-Cities) Project (ST1304). COUNCILMAN WELCH MOVED TO APPROVE THE PROFESSIONAL SERVICE AGREEMENT WITH HALFF ASSOCIATES IN AN AMOUNT NOT TO EXCEED $254,710 FOR THE SMITHFIELD ROAD (DAVIS TO MID-CITIES) PROJECT (ST1304). COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E.2 City Council Minutes October 14, 2013 Page 11 APPROVE THE RENEWAL OF INTERLOCAL AGREEMENTS WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF THE DAVIS BOULEVARD/MID-CITIES BOULEVARD INTERSECTION IMPROVEMENTS PROJECT, THE RUFE SNOW DRIVE STREET AND UTILITY IMPROVEMENTS (MID-CITIES BOULEVARD TO HIGHTOWER DRIVE) PROJECT AND THE SMITHFIELD ROAD (DAVIS BOULEVARD TO MID-CITIES BOULEVARD) PROJECT APPROVED Gregory Van Nieuwenhuize, City Engineer, summarized the item. The City and Tarrant County have previously entered into Interlocal Agreements (lAs) for each the three (3) indicated capital improvement projects. One of the terms in each of the initial lAs was that the duration of the agreement be for one year and that the Interlocal Agreement must be renewed each year until the project is complete. Staff recommends approval of the following agreements with Tarrant County for the partial funding of capital projects within the City: 1. Renewal of Interlocal Agreement Court Order No. 114575 for the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project (ST0401); 2. Renewal of Interlocal Agreement Court Order No. 114069 for the Rufe Snow Drive Street and Utility Improvements (Mid-Cities Boulevard to Hightower Drive) Project (ST0202); and 3. Renewal of Interlocal Agreement Court Order 114576 for the Smithfield Road (Davis Boulevard to Mid-Cities Boulevard) Project (ST1204). COUNCILMAN LOMBARD MOVED TO APPROVE THE THREE INTERLOCAL AGREEMENTS WITH TARRANT COUNTY. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E.3 AWARD RFB 13-028 FOR THE CIP PROJECT IDENTIFIED AS TRAFFIC SIGNAL INFRASTRUCTURE UPGRADES PROJECT ST1204 IN THE AMOUNT OF $119,964 APPROVED Jimmy Cates, Operations Manager, summarized the item. The City Council is being asked to award a bid to Siemens Industry, Inc., for Capital Project ST1204 in the amount of $119,964. This project will consist of replacing traffic signal heads with black signal heads and painting signal poles black at 15 signalized intersections along the corridors of Boulevard 26 and Davis Boulevard. Currently the signalized locations do not meet the city's image standards. The traffic signal poles are galvanized and the signal heads are yellow in color. The City requested bid proposals in accordance with city policy and qualifications were received from 1 firm. Staff recommends award of RFB No. 13-028 to Siemens Industry, Inc., in the amount of $119,964 for Project ST1204. City Council Minutes October 14, 2013 Page 12 COUNCILMAN TURNAGE MOVED TO AWARD THE TRAFFIC SIGNAL INFRASTRUCTURE UPGRADE PROJECT ST1204 TO SIEMENS INDUSTRY IN THE AMOUNT OF $119,964. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E.4 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY FOR ROAD CONSTRUCTION WORK ON EDEN ROAD APPROVED Jimmy Cates, Operations Manager, summarized the item. City Council is being asked to allow the City Manager to execute an interlocal agreement between Tarrant County and the city for road construction work on Eden Road from Amundson Drive to Marti Lane. Tarrant County will be assisting the city with the road work. Approximately 1,250 linear feet of pavement will be removed and the sub-grade reworked and stabilized by Tarrant County. Once Tarrant County completes the sub-grade stabilization of the roadway, Public Works staff will place new asphalt pavement for the driving surface. Staff recommends authorizing the City Manager to execute an interlocal agreement between Tarrant County and the city for road construction work on Eden Road. COUNCILMAN WELCH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY FOR ROAD CONSTRUCTION WORK ON EDEN ROAD. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. E.5 REVISE THE FY 2013/2014 CAPITAL PROJECT BUDGET AND AWARD OF PROJECT RFB NO. 13-031 TO INTERSTATE PIPELINE UTILITY CONSTRUCTION IN THE AMOUNT OF $300,423.00 FOR THE CONSTRUCTION OF THE BROOKHAVEN DRIVE DRAINAGE IMPROVEMENTS PROJECT (DR0902) APPROVED Gregory Van Nieuwenhuize, City Engineer, summarized the item. The City Council is being asked to award a construction contract for the CIP Project identified as "Brookhaven Drive Drainage Improvements" in the Capital Projects Budget. The project will consist of the construction of a swale to intercept drainage before entering residential properties located at the west end of Brookhaven Drive and Brookhaven Drive along with the installation of approximately 900 lineal feet of concrete drainage City Council Minutes October 14, 2013 Page 13 pipe which will connect into the concrete-lined portion of Walker Branch. The City requested bids in accordance with city policy and qualifications were received from 4 firms. The project's design engineer (Brockette/Davis/Drake, Inc.) reviewed and evaluated the bids and is recommending award of contract to the lowest bidder: Interstate Pipeline Utility Construction ("IPUC"). The lowest bidder for the project was $80,500 over the amount budgeted for the project. The City will be reimbursed approximately $27,000 from Chesapeake for drainage improvements in the development of Anejo Gas Pad Site. After considering Chesapeake's portion of the drainage, the bid is still approximately $54,000 over budget. Staff recommends approval of the Budget Revision to the FY 2013/2014 Capital Projects Budget and award Project RFB No. 13-031 to Interstate Pipeline Utility Construction in the amount of $300,423.00 for the construction of the Brookhaven Drive Drainage Improvements Project (DR0902). COUNCILMAN LOMBARD MOVED TO APPROVE THE BUDGET REVISION TO THE FY 2013/2014 CAPITAL PROJECTS BUDGET AND AWARD PROJECT RFB No. 13-031 TO INTERSTATE PIPELINE UTILITY CONSTRUCTION IN THE AMOUNT OF $300,423.00 FOR THE CONSTRUCTION OF THE BROOKHAVEN DRIVE DRAINAGE IMPROVEMENTS PROJECT (DR0902). COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.0 GENERAL ITEMS F.1 APPROVE RATE REVIEW MECHANISM TARIFF INCREASE WITH ATMOS ENERGY CORPORATION-MID TEX DIVISION - ORDINANCE NO. 3278 APPROVED Karen Bostic, Assistant City Manager, summarized the item. The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. In early 2013, the City adopted a renewed RRM tariff for an additional five years. Atmos Mid-Tex's July 2013 filing was made pursuant to the renewed RRM tariff. Rates cannot change without the adoption of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates that reflect the negotiated rate changes pursuant to the RRM process and to ratify the recommendation of the ACSC Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company's requested $22.7 million RRM increase to $16.6 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex's revenues effective November 1, 2013. For the first annual filing under the revised RRM tariff, the Company agreed to forgo any change to City Council Minutes October 14, 2013 Page 14 the base residential rate. Therefore, for the 2013 RRM, the result of the filing will not increase the base residential rate, and the entirety of the increase to the residential class will be applied to the natural gas consumption component of rates. Approval of Ordinance No. 3278 adopts the tariffs in all respects and finds the rates set pursuant to the tariffs to be just, reasonable and in the public interest. Further approving Ordinance No. 3278 requires the Company to reimburse ACSC for reasonable ratemaking costs associated with reviewing and processing the RRM application; finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551; and provides a "most favored nations" clause whereby if the Company settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities, including North Richland Hills, will automatically receive the benefit of those better terms. Staff recommends approval of Ordinance No. 3278. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE ORDINANCE No. 3278. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.2 AMEND BALFOUR BEATTY CONSTRUCTION'S CONTRACT AS CONSTRUCTION RISK MANAGER, ESTABLISHING A GUARANTEED MAXIMUM PRICE (GMP); AND AWARD A REQUEST FOR QUALIFICATIONS FOR THE CONSTRUCTION OF CITY POINT DRIVE TO BALFOUR BEATTY CONSTRUCTION ESTABLISHING A GMP FOR THE CONSTRUCTION OF CITY POINT DRIVE APPROVED Jimmy Perdue, Public Safety Director, presented a PowerPoint presentation and asked to discuss both Items F.2 and F.3 together. The City Council on November 12, 2012 awarded a contract to Balfour Beatty Construction for the Construction Manager at Risk (CMAR) services associated with the construction of the new City Hall. Council is being requested to amend the contract, establishing a Guaranteed Maximum Price (GMP). In addition, City Council is requested to award a Request for Qualifications (RFQ) for the construction of City Point Drive to Balfour Beatty Construction by amending the original City Hall contract and establishing a Guaranteed Maximum Price (GMP) for the roadway construction. Staff recommends the amendment to the contract for the CMAR Services with Balfour Beatty Construction establishing a GMP of $56,790,000 for the construction of the new City Hall, awarding the RFQ for the Boulevard (City Point) construction to Balfour Beatty, and amending the original CMAR contract establishing a GMP for the construction of City Point Drive at $4,023,580. Council is also being requested to amend the professional services contract with Brinkley Sargent Architects for the design work on the new City Hall project. On July 9, 2012, the City Council approved the original contract based on an estimated City Council Minutes October 14, 2013 Page 15 construction price. This amendment reflects the change to the final Guaranteed Maximum Price (GMP) and provides the agreed upon additional fees for the increase in cost. Staff recommends an amendment to the contract for professional services with Brinkley Sargent Architects by increasing their fees by $311,350 based on the final GMP for the City Hall project. COUNCILWOMAN WRIGHT OUJESKY MOVED TO AMEND THE CONTRACT FOR CMAR SERVICES WITH BALFOUR BEATTY CONSTRUCTION ESTABLISHING A GMP OF $56,790,000 FOR THE CONSTRUCTION OF THE NEW CITY HALL, AWARDING THE RFQ FOR THE BOULEVARD (CITY POINT) CONSTRUCTION TO BALFOUR BEATTY AND AMENDING THE ORIGINAL CMAR CONTRACT ESTABLISHING A GMP FOR THE CONSTRUCTION OF CITY POINT DRIVE AT $4,023,580. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.3 AMEND BRINKLEY SARGENT ARCHITECTS' JULY 9, 2012 CONTRACT FOR PROFESSIONAL SERVICES BY $311,350 BASED ON THE FINAL GUARANTEED MAXIMUM PRICE FOR THE CITY HALL PROJECT APPROVED Item F.3 was presented and discussed with item F.2 above. COUNCILMAN LOMBARD MOVED TO AMEND THE CONTRACT FOR PROFESSIONAL SERVICES WITH BRINKLEY SARGENT ARCHITECTS BY INCREASING THEIR FEES BY $311,350 BASED ON THE FINAL GMP FOR THE CITY HALL PROJECT. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY IN THE SOUTHWEST SECTOR OF THE CITY APPROVED City Council Minutes October 14, 2013 Page 16 Craig Hulse summarized the item. There are seven intersections along a 700 foot stretch of Rufe Snow between Meadow Lakes Drive and Loop 820. Congestion peaks during morning and afternoon commutes and 40 percent of the daily traffic volume occurs between 7 a.m. and 9 a.m. and 4 p.m. and 6 p.m. While there is a plan to reconstruct the Rufe Snow Drive intersection at the Loop 820 eastbound frontage road, staff continues to investigate and evaluate a long term plan for congestion and increase mobility. Given both owners desire to sell their respective properties, the opportunity exists to purchase 6701 and 6713 La Rue Circle. The location of each property falls directly within the targeted area to ease congestion and increase mobility. Staff recommends authorizing the City Manager to execute earnest money contracts to purchase 6701 and 6713 La Rue Circle. COUNCILWOMAN WRIGHT OUJESKY MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE EARNEST MONEY CONTRACTS TO PURCHASE 6701 LA RUE CIRCLE AND 6713 LA RUE CIRCLE. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilwoman Wright Oujesky made the following announcements. Get a jump start on your holiday shopping at the NRH Senior Center's arts and crafts fair. The fair will be held from 9 a.m. to 5 p.m. this Friday and Saturday. The Senior Center is located at 6000 Hawk Ave. For more details call 817-427-6695. Also this weekend, the North Richland Hills Public Library is holding its annual book sale. There will be something for everyone, including adult and children's fiction, non- fiction, audio books, CDs, DVDs and more. Proceeds from the sale go to the purchase of new books. The Library is located at 9015 Grand Ave. For more details go online to Iibrary.nrhtx.com or call 817-427-6800. Residents can safely discard unwanted prescription medication on Saturday, October 26th. Expired and unwanted prescription drugs can be dropped off at the North Richland Hills Fire Department Administration building on Dick Fisher Drive between the hours of 10:00 a.m. and 2:00 p.m. If you have questions, please call 817-427-7000. City Council Minutes October 14, 2013 Page 17 Kudos Korner - Stephanie East, Trish Watson and Lauren Hurd of the Neighborhood Services Department. A note was received from the owners of an NRH business thanking the city's health inspectors for their guidance over the years. The business is celebrating its 10th anniversary and stated that a positive relationship with the city has contributed to its success. H.2 ADJOURNMENT Mayor Pro Tem Rodriguez adjourned the meeting a 8:14 p ' . Os ar revino — 1 yor ATTEST: 4 It r Patricia Hutson, City Secretary