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Home My WebLink AboutCC 2014-02-24 MinutesMINUTES 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 24, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 24th day of February 2014 at 6:00 p.m. in the City Council Workroom prior to the 7 :00 p.m. regular Council meeting. Present: Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Staff Members: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin James John Pitstick Larry Koonce Jo Ann Stout Stan Tinney Kirk Marcum Kyle McAfee Chris Amarante Don Wertzberger Laury Fiorello Greg VanNieuwenhuize Jason Moore Boe Blankenship Mike Hamlin Mike Young Jerry Lewandowski Clayton Comstock Stephanie East Craig Hulse Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Neighborhood Services Director Fire Chief Assistant Fire Chief Assistant Fire Chief Director of Facilities & Construction Project Manager Assistant Finance Director Engineer Management Assistant — Public Works Public Works Superintendent Assistant Police Chief Assistant Police Chief Purchasing Manager Senior Planner Health Inspector Economic Development Director City Council Minutes February 24, 2014 Page 2 Absent: Oscar Trevino Mayor Call to Order Mayor Pro Tern Rodriguez called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meeting Item F.6 - Councilman Lombard requested clarification on the additional acreage for the amended gas and oil lease. Karen Bostic, Assistant City Manager, explained that under the Pooling section of the lease, Section 8, the maximum acreage allowed per unit for a gas well or a horizontal completion was not to exceed three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10 %). Chesapeake has requested to increase the maximum acreage for the unit to six hundred forty (640) acres, the maximum unit size permitted by the Texas Railroad Commission for the Barnett Shale as well as the amount included in recent leases approved by the City. A.1 Fire Department 2013 Annual Report Stan Tinney, Fire Chief, presented a PowerPoint presentation to Council highlighting the Fire Departments achievements for 2013. A.2 Annual Racial Profiling Report Jimmy Perdue, Public Safety Director, presented the Annual Racial Profiling Report to Council. A.3 Police Department 2013 Annual Report Jimmy Perdue, Public Safety Director, presented a PowerPoint presentation to Council highlighting the Police Departments achievements for 2013. 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 to seek advice about pending or threatened litigation or a settlement offer City Council Minutes February 24, 2014 Page 3 Mayor Pro Tern Rodriguez announced at 6:35 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for consultation with attorney to seek advice about pending or threatened litigation or settlement offer. C.0 Adjournment Mayor Pro Tern Rodriguez announced at 6:37 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tern Rodriguez called the meeting to order February 24, 2014 at 7:00 p.m. ROLL CALL Present: Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Staff: Absent: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Oscar Trevino Mayor City Council Minutes February 24, 2014 Page 4 A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION Mark Hindman, City Manager, presented a plaque and congratulated Patricia Hutson, City Secretary on her upcoming retirement. None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF FEBRUARY 10, 2014 CITY COUNCIL MEETING B.2 AWARD OF RFB NO.14 -014 TO VMC LANDSCAPE SERVICES, LP IN THE AMOUNT OF $340,218 FOR GENERAL PARKS MOWING SERVICES City Council Minutes February 24, 2014 Page 5 B.3 AWARD OF THE CONSTRUCTION MATERIALS TESTING CONTRACT FOR THE NEW CITY HALL PROJECT B.4 AWARD RFB 2014 -003 FOR ELECTRICAL AND LIGHTING SERVICES TO CABLE ELECTRIC AS THE PRIMARY CONTRACTOR AND MARTEX ELECTRIC THE SECONDARY CONTRACTOR COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS C.1 CONDUCT A PUBLIC HEARING AND APPROVE THE 40TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION NO. 2014 -005 AppRnvpn Mayor Pro Tern Rodriguez opened the Public Hearing. Ms. Kristin James, Assistant to the City Manager, presented the item. The City participates in the CDBG program and each year the City must prepare and submit a CDBG program outlining the use of the funds in accordance with HUD guidelines. The City is proposing to use the funds for the 40th CDBG program in the following manner: • Replacement of 1,050 linear feet of sewer pipe located along Harmonson Road, between Honey Lane and Lochridge Court. 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 40th CDBG program. Mayor Pro Tern Rodriguez called for comments on the 40th year CDBG program. There being no one wishing to speak, Mayor Pro Tern Rodriguez closed the public hearing. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE RESOLUTION NO. 2014 -005. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes February 24, 2014 Page 6 C.2 ZC 2014 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST BY THE CITY OF NORTH RICHLAND HILLS TO APPLY THE NEW FREEWAY CORRIDOR OVERLAY DISTRICT TO ALL PROPERTIES WHICH ADJOIN OR ARE LOCATED WITHIN 200 FEET OF THE ULTIMATE RIGHT -OF -WAY FOR NORTHEAST LOOP 820 (IH -820) AND AIRPORT FREEWAY (SH 121/SH 183), AND ARE NOT PLANNED FOR SINGLE - FAMILY RESIDENTIAL, PARKS /OPEN SPACE, STORMWATER DRAINAGE EASEMENT USE OR TRANSIT ORIENTED DEVELOPMENT (TOD) AS SHOWN ON THE CITY'S COMPREHENSIVE LAND USE PLAN — ORDINANCE NO. 3299 APPROVED Mayor Pro Tern Rodriguez opened the public hearing. Clayton Comstock, Senior Planner, summarized the item. On February 10, 2014, City Council approved TR 2013 -07 (Ordinance No. 3291) establishing standards for the new Freeway Corridor Overlay District. This case would be the final action needed for this project. Although the previous approval established the standards, the City Attorney advised that the language in the ordinance did not specifically apply the new standards to the subject properties through a "zoning change" type ordinance. Therefore, Ordinance No. 3299 (ZC 2014 -04) is a clarification that the new Freeway Corridor Overlay District will apply to the properties specified within the Text Revision ordinance previously approved and shown on the proposed Freeway Corridor District map dated December 2013. 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 ORDINANCE NO. 3299; ZC 2014 -04. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC WORKS E.1 AWARD RFB #14 -009 TO DAKE CONSTRUCTION IN THE AMOUNT OF $104,161 FOR THE UT1304 PUMP AND MOTOR REPLACEMENTS PROJECT City Council Minutes February 24, 2014 Page 7 APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. This item is to award RFB #14 -009 to Dake Construction for replacement of potable water pumps and motors for pump stations located at 7800 Conn Drive and 8501 Harwood. The project consists of replacing three (3) large potable pumps and motors that are over 30 years in age. The pumps and motors are essential in providing safe and reliable quality potable water for the citizens of North Richland Hills. The available budget for this project is $105,000. COUNCILMAN LOMBARD MOVED TO APPROVE RFB # 14 -009 TO DAKE CONSTRUCTION COMPANY IN THE AMOUNT OF $104,161 FOR UT1304 PROJECT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 NOMINATION FOR STATE ENTERPRISE PROJECT DESIGNATION FOR TYSON PREPARED FOODS — RESOLUTION NO. 2014 -008 APPROVED Craig Hulse, Economic Development Director, summarized the item. A longstanding City asset, Tyson Prepared Foods (Tyson) continues to look toward ways to improve and enhance its operations at 6350 Browning Court. The opportunity exists for the City of North Richland Hills to nominate Tyson for an Enterprise Project Designation with the State of Texas. The nomination does not obligate the City to provide any financial incentives from City revenues, rather it opens the door for Tyson to receive state sales and use tax refunds based upon employment and capital investment. This nomination would be the second nomination for Tyson Prepared Foods which was initially approved by the State in 2008. If approved, the Enterprise Project Designation will retroactively take effect on October, 2013, terminating on March 31, 2019. Staff recommends approval of Resolution No. 2014 -008, nominating Tyson Prepared Foods as a Texas Enterprise Project. COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION NO. 2014 -008. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. City Council Minutes February 24, 2014 Page 8 F.2 APPROVAL OF CONTINUED PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM — RESOLUTION NO. 2014 -006 APPROVED Kristin James, Assistant to the City Manager, summarized the item. Tarrant County must reapply every three years to be eligible for Community Development Block Grant (CDBG) funds through the Housing and Urban Development Department (HUD). Because the City is a direct entitlement city in Tarrant County, the City must sign a joint resolution with the County every three years to continue to receive CDBG funds and for Tarrant County to administer those funds for the City. In North Richland Hills CDBG funds are funding street and housing rehabilitation programs. Council is requested to approve Resolution No. 2014 -006 to participate in Tarrant County's CDBG program. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION NO. 2014 -006. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 APPROVE RESOLUTION TO AUTHORIZE INVESTMENT OFFICERS — RESOLUTION NO. 2014 -004 APPROVED Laury Fiorello, Assistant Finance Director, summarized the item. As a result of a recent change in the Accountant II position, a resolution is required amending the list of approved investment officers. The following employees are recommended to be included on the list of authorized individuals who can conduct investment transactions with authorized securities dealers, banking institutions, overnight pools, and custodial and safekeeping service institutions: Director of Finance Larry Koonce Assistant Director of Finance Laury Fiorello Accountant II Amanda Brown COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE RESOLUTION NO. 2014 -004. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 City Council Minutes February 24, 2014 Page 9 PRESENTATION OF FISCAL YEAR 2013 AUDITED FINANCIAL REPORT APPROVED Laury Fiorello, Assistant Finance Director, presented the 2013 Fiscal Year Audited Financial Report. Ms. Fiorello reviewed year -end results and fund balance data from the different funds. Mr. Kevin Kemp from the independent audit firm of BKD, LLP. presented the audit opinion and report. The auditor's opinion was an unqualified opinion or a "clean" opinion meaning that they found the Financial Statements of the City to fairly present the City's financial position. COUNCILMAN WHITSON MOVED TO ACCEPT THE 2013 FISCAL YEAR AUDITED FINANCIAL REPORT AS PRESENTED. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 AMENDING SECTIONS 18 -191 AND 18 -277 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES REGULATING FOOD AND FOOD SERVICE ESTABLISHMENTS - ORDINANCE NO. 3298 APPROVED Stephanie East, Environmental Health Supervisor, summarized the item. Council is being asked to approve Ordinance No. 3298 amending regulations for weekend food vendors. The proposed change to the ordinance will include specific language that would allow for only one vendor per approved location and lower the required building space to 85,000 square feet and require a permitted kitchen onsite. There are currently two permits issued for Weekend Food Vendor at both NRH Home Depots, and these locations will be allowed to maintain a legal, non - conforming status after the ordinance is amended. Under the current 100,000 square feet requirement, nine additional businesses have the option of a Weekend Food Vendor permit. Lowering the square footage from 100,000 to 85,000 with a permitted kitchen will allow for a total of five conforming businesses and two businesses in development that will be eligible for a Weekend Food Vendor permit. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO. 3298. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.6 CONSIDER APPROVAL OF OIL, GAS AND MINERAL LEASE AMENDMENT TO THE TCCD SOUTH UNIT City Council Minutes February 24, 2014 Page 10 APPROVFn Karen Bostic, Assistant City Manager, summarized the item. Chesapeake Exploration, L.L.C. is requesting to amend an Oil and Gas Lease that was approved in September 2008. Under the Pooling section of the lease, Section 8, the maximum acreage allowed per unit for a gas well or a horizontal completion was not to exceed three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10 %). Chesapeake has requested to increase the maximum acreage for the unit to six hundred forty (640) acres, the maximum unit size permitted by the Texas Railroad Commission for the Barnett Shale as well as the amount included in recent leases approved by the City. The lease contains 40.88 acres of City owned property. Staff is recommending approval of the increase in the size of the pool unit to 640 acres. COUNCILWOMAN WRIGHT OUJESKY MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE OIL, GAS AND MINERAL LEASE AMENDMENT TO TCCD SOUTH UNIT. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS GA ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action required. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Turnage made the following announcements. NRH2O is now accepting applications for its 2014 summer season. Applicants must be at least 15 years old. For job descriptions, applications and more information, please visit nrh2o.com /jobs. Volunteers from AARP are assisting residents with their tax returns each Monday and Thursday through April 14th at the NRH Public Library. This free service is available to City Council Minutes February 24, 2014 Page 11 taxpayers of all ages. To make an appointment or get more information, please call the Library at 817 - 427 -6814. Kudos Korner - Boe Blankenship and Terry Wreay of the Public Works Department. A resident expressed thanks and appreciation to Boe and Terry for their help in getting some old abandoned phone cables removed from the back of his property. He had previously made numerous inquiries to various companies for assistance but to no avail. After contacting the city, the old lines were finally taken down. He was very impressed with the quick response and stated "great job in caring for your residents." H.2 ADJOURNMENT Mayor Pro Tern Rodriguez adjourned the meeting at 7:38 p.m. `"��q�1lQlllpglllrrg4 H �q1� Tito Rodriguez — M r o Tern ATTEST: = Monich S61ko, Assistant