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HomeMy WebLinkAboutCC 2004-05-24 Minutes MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 24, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 24th day of May, 2004 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Jo Cox Nancy Bielik Staff Members: Larry J. Cunningham Ogden Bo Bass Karen Bostic Paulette Hartman Patricia Hutson George Staples Larry Koonce Mike Curtis Clay Caruthers Jim Browne Patrick Hillis JoAnn Stout Vickie Loftice Call to Order Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilman Council Elect Council Elect City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary City Attorney Finance Director Public Works Director Budget Manager Parks & Recreation Director Human Resources Director Neighborhood Services Director Assistant Parks & Recreation Director Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss Items from ReQular May 24. 2004 City Council MeetinQ None. 2. IR 2004-050 Review Franchise Renewal Process City Council Minutes May 24, 2004 Page 2 Ms. Hartman presented a PowerPoint presentation briefing the Council on the cable franchise renewal process. North Richland Hills is a member of a consortium of cities served by Charter Communications. In the past, the consortium negotiated provisions in the cable franchise that were beneficial to all cities involved. All franchises of the cities in the consortium are up for renewal and the members of the consortium would like to join together again to enter the renewal process. Ms. Hartman explained to Council the renewal process, how it works and how it is outlined in the Federal Cable Act. The Federal Cable Act outlines an informal renewal process and a formal renewal process. Council was advised of the steps involved in an informal renewal process. The formal renewal process is more detailed and is the only way to enforce an agreement on terms that cities are authorized to have in their contracts and that cable companies do not necessarily agree with. The formal process is also the only way to correct problems, to request the cable company to meet future needs of the community and increase the city's bargaining power. The formal process is invoked by a letter from the cable company. The City received that letter last month to proceed with the formal process. The formal process has three stages - public proceedings, proposal for renewal and administrative proceedings. Ms. Hartman reviewed and explained each of the stages. Ms. Hartman advised that the consortium is recommending that the cities enter into formal process to start the data gathering. The cost of the formal process for all cities is $154,000. North Richland Hills share will be approximately $12,483 which will include the survey, needs assessment, franchise fee audit, technical audit and customer service audit. Ms. Hartman advised the City will still have the option to revert to the informal process after the formal process has begun if an agreement can be reached with the Cable Company. Ms. Hartman advised Staff is requesting consensus to proceed with the first stage of the process and then come back to Council after first stage is completed and depending on the findings of the audits, surveys and comments, get direction from Council as whether to proceed with the formal process. In response to Council questions, Ms. Hartman explained that the pending liquidated damages case would be separate from the franchise renewal process. There are other cities involved in the renewal process that are not involved in the liquidated damages case. The past performance of the cable company will playa factor in the renewal process. The Effective Competition Order enacted several years ago is still in effect and does not give cities authority to regulate rates. The cable franchise is not an exclusive franchise, but there are not currently any other cable providers in North Richland Hills. The current cable franchise expires in 2007. The consensus of the Council was to move forward with the formal renewal process. Mayor Trevino recognized the newly elected City Council members - Council-elect to Place 2, Jo Cox and Council-elect to Place 6, Nancy Bielik. City Council Minutes May 24, 2004 Page 3 3. IR 2004-051 Discuss Possible Dates for Discussion on Health Insurance and Mid- Year Budqet Worksession Council discussed possible dates for a special work session to update and brief the Council on the City's health insurance plan. Council set the work session on the health insurance plan for June 23. Council discussed possible dates for a mid-year budget work session to receive an update on the current year status of revenues and expenses and issues for the following year budget. Council set the mid-year budget work session for June 24. 4. IR 2004-049 LeQislative Update Ms. Hartman updated the Council on the special session of the Texas Legislature addressing public school finance. The session ended May 1 ih with both the House and Senate adjourning sine die. The Governor, Lt. Governor and House Speaker have appointed two work groups of six Senators and six members of the House to continue to study the issue and try to reach a consensus. They have set a House Education Panel and a House Revenue Panel and the same on the Senate side. Each of those panels will have six members. Representative Griggs will be serving on the House Education Panel and Senator Nelson will be serving on the Senate Education Panel. Representative Hill will be serving on the House Revenue Panel and Senator Brimer will be serving on the Senate Revenue Panel. Staff will monitor the committee meetings and continue to monitor the issue. 5. IR 2004-054 Discuss Option for CallinQ Election for Senior and Disabled Tax Freeze Councilman Metts advised he requested this item to be placed on the Pre-Council agenda to discuss options for calling an election for senior and disabled persons tax freeze. At the present time, the City's options for calling an election are: 1) A citizens' petition can be submitted to the City with signatures of at least 5% of the registered voters. 2) The City can wait for the Attorney General Opinion as to whether or not a City can initiate an election without a petition being submitted. The law is silent as to whether or not the City can initiate an election on this issue. The Attorney General ruling is not expected before mid-July. 3) The City can call for a non-binding election. The election would only be an "expression of intent" and would not be binding. 4) The City can encourage the initiation of a petition. City Council Minutes May 24, 2004 Page 4 Council was advised an election would need to be called by the end of June or first week in July for the election to be held on September 11, the next uniform election date. The Council discussed their options and the time frame. Council discussed the need for citizens to present a petition fairly quickly in order for Council to call a September 11 election. Council discussed whether to call a non-binding election. The consensus of the Council was to place an item on the agenda for the second council meeting in June to further discuss options and the impact to the City. Adjournment Mayor Trevino announced at 6:29 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order May 24,2004 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson David Whitson Timothy J. Welch Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman Jo Cox Nancy Bielik Council Elect Place 2 Council Elect Place 6 Staff: Larry J. Cunningham Patricia Hutson George Staples City Manager City Secretary Attorney City Council Minutes May 24, 2004 Page 5 2. INVOCATION Councilman Metts gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilman Metts led the pledge of allegiance. 4. GN 2004-042 CANVASS OF ELECTION - RESOLUTION NO. 2004-034 APPROVED The following resolution was presented to the City Council canvassing the May 15, 2004 Municipal election: "WHEREAS, an election was duly held in the City of North Richland Hills on the 15th day of May, 2004, to elect a Mayor and City Council places 2, 4, and 6; and, WHEREAS, the City Council has met and canvassed the votes cast in such election; and, WHEREAS, such canvass shows the following results: Mayor Number of Votes Suzette Christopher Oscar Trevino 2160 2349 City Council - Place 2 N. Scott Turnage, Jr. Jo Cox 2187 2235 City Council - Place 4 JoAnn Johnson Ron C. West 2262 2172 City Council Minutes May 24, 2004 Page 6 City Council - Place 6 Joe Tolbert Nancy Bielik 2133 2276 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1 : THAT the above canvass be, and the same is hereby approved. Section 2: THAT the following are, and the same are hereby declared to have been elected to the offices listed below to serve until May of 2006, or until their successors are duly elected and qualified. Mayor Oscar Trevino City Council - Place 2 Jo Cox City Council - Place 4 JoAnn Johnson City Council - Place 6 Nancy Bielik AND IT IS SO RESOLVED." COUNCILMAN TURNAGE MOVED, SECONDED BY COUNCILMAN TOLBERT, TO APPROVE RESOLUTION No. 2004-034. Motion to approve carried 7-0. PRESENTATION TO OUTGOING CITY COUNCIL MEMBERS Mayor Trevino recognized outgoing Councilmember Scott Turnage and presented a plaque in recognition and appreciation of his service to the City of North Richland Hills as Council Member Place 2. City Council Minutes May 24, 2004 Page 7 Mayor Trevino recognized outgoing Councilmember Joe Tolbert and presented a plaque in recognition and appreciation of his service to the City of North Richland Hills as Council Member Place 6. 5. GN 2004-035 OATH OF OFFICE State Representative Bob Griggs administered the oath of office to Oscar Trevino. Ms. Suzette Christopher administered the oath of office to Jo Cox. Ms. Suzette Christopher administered the oath of office to Nancy Bielik. Pastor John Tyler, North Pointe Baptist Church, administered the oath of office to JoAnn Johnson. RECESS AND BACK TO ORDER Mayor Trevino recessed the meeting at 7:28 p.m. for a brief reception for the newly elected officials. Mayor Trevino called the meeting back to order at 7:45 p.m. with the following present: Present: Oscar Trevino John Lewis Jo Cox Frank Metts, Jr. JoAnn Johnson David Whitson Nancy Bielik Timothy J. Welch Mayor Councilman Councilwoman Councilman Councilwoman Councilman Councilwoman Councilman Staff: Larry J. Cunningham Patricia Hutson George Staples City Manager City Secretary Attorney 6. SPECIAL PRESENTATIONS IR 2004-052 TEEN COURT SCHOLARSHIPS FOR 2003/2004 Teen Court Coordinator Rebecca Vinson, Teen Court Advisory Board Member Cheri City Council Minutes May 24, 2004 Page 8 Walker and Councilwoman Johnson presented the 2003/2004 Teen Court Scholarships to the following students: Tanya Healy and Preston Ward, Richland High School. The scholarship is awarded based on years of service in the Teen Court program, program attendance, residency, professionalism and a 500-750 word essay. The scholarship recipients were awarded a $1,000 scholarship to the chosen technical school, college or university of their choice. YARD OF THE MONTH Keep North Richland Hills Beautiful Commission Member John Paraskevas and Councilman Whitson presented the following Yard of the Month awards for May: Betty Winter, 6628 Onyx Drive North; Lee & Nell Lindsey, 4304 Vance Road; Jerry Blaylock, 4808 Lariat; Keith Putnam & Alice McKettrick, 5536 Scott; Laurel Moorhead, 6120 Roaring Springs Drive; Jeff and Kim Brooks, 7817 Cortland Drive; Don & Carol Tinkham, 9113 Thornridge Drive; James & Carrie Wickham, 7717 Chasewood Drive; Debbie Burns Barnett, 8628 Amhurst Court. Gwendolyn Weisell, 7505 Orchard Court was recognized as the Texas SmartScape Winner and Michael Makens, Walkabout Landscape Company, 8713 Cardinal Lane, was recognized as the Business Landscape Winner. PROCLMA TION - MANAGEMENT WEEK Councilman Welch presented a proclamation recognizing Management Week to Quinten Harris, President, Lockheed Martin Leadership Association. 7. CITIZENS PRESENTATION Mr. Charles Cole, 6125 Riviera, commented on the May 15 City Council election. Mr. Ron West, 6304 Glenview Drive, advised his subject was a request for public disclosure by the North Richland Hills City Council regarding city-owned real estate and promises made to Arcadia. Councilman Whitson called for point of order. Councilman Whitson asked the City Attorney to rule on subject matter that may be brought before Council and Council has no jurisdiction. Attorney Staples advised that public disclosures need to be addressed to the City Secretary's office. The delivery of disclosures about public information is not in the jurisdiction of the City Council. Mr. West advised he would then comment on what they were interested in knowing. Mr. West stated that it has come to their attention that the City of North Richland Hills City Council Minutes May 24, 2004 Page 9 has entered into an agreement to purchase the old Food Lion building located at Rufe Snow and Glenview. Mr. West stated that this was done without input from the voters. Attorney Staples reiterated that Mr. West was requesting information outside the jurisdiction of the Council. Attorney Staples advised Mr. West to make a public information request to the City Secretary's office. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 9. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE MAY 10, 2004 COUNCIL MEETING B. PS 2004-07 CONSIDERATION OF A REQUEST FROM DIESEL HAMMER LLC TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 JON R. EVANS ADDITION LOCATED IN THE 5100 BLOCK OF DAVIS BOULEVARD (.36 ACRES) C. PS 2004-15 CONSIDERATION OF A REQUEST FROM WINKELMANN & ASSOCIATES TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 U.I.C.I. ADDITION (LOCATED IN THE 9000 BLOCK OF WALKER BOULEVARD -14.600 ACRES) D. GN 2004-043 AUTHORIZE THE CITY MANAGER TO EXECUTE A "LETTER OF UNDERSTANDING" AND APPROVE $5,000 SPONSORSHIP WITH THE CITY OF BEDFORD FOR THEIR "4TH FEST INDEPENDENCE DAY CELEBRATION" - RESOLUTION NO. 2004-037 COUNCILMAN METTS MOVED, SECONDED BY COUNCILMAN WELCH, TO APPROVE THE CONSENT AGENDA. Motion to approve carried 7-0. 10. GN 2004-038 ELECTION OF MAYOR PRO TEM APPROVED Mayor Trevino opened the floor for nominations for the election of Mayor Pro Tem. City Council Minutes May 24, 2004 Page 10 COUNCILWOMAN JOHNSON NOMINATED COUNCILMAN DAVID WHITSON AS MAYOR PRO TEM. Councilman Metts moved to cease nominations. Nomination to elect Councilman David Whitson as Mayor Pro Tem carried 6-0; Councilman Whitson abstaining. 11. GN 2004-039 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT APPROVED Ms. Kendra Newton, Chair of the Youth Advisory Committee, introduced other members of the Youth Advisory Committee in attendance. Ms. Newton presented a PowerPoint presentation of the year-end report. MAYOR PRO TEM WHITSON MOVED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S YEAR- END REPORT. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 12. GN 2004-040 YOUTH ADVISORY COMMITTEE RECOMMENDATIONS FOR SOUTH GRAPEVINE HIGHWAY REDEVELOPMENT PROJECT APPROVED Ms. Kendra Newton, Chair of the Youth Advisory Committee, and Nick Ward, Youth Advisory Committee Member, presented a PowerPoint presentation of the committee's recommendations for the South Grapevine Highway Redevelopment Project. Ms. Newton reported on the committee's recommendations for the redevelopment of North Hills Mall and Mr. Ward reported on recommendations for the redevelopment and revitalization of the South Grapevine Highway Corridor. Mayor Trevino asked the Youth Advisory Committee to present their report to the joint North Richland Hills/Richland Hills Oversight Committee for the South Grapevine Highway Corridors Strategy. Ms. Paulette Hartman, Assistant to the City Manager, will coordinate the effort. COUNCILMAN LEWIS MOVED TO APPROVE GN 2004-040, ACCEPTING THE YOUTH ADVISORY COMMITTEE'S REPORT. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. City Council Minutes May 24, 2004 Page 11 13. GN 2004-041 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Ms Paulette Hartman, Assistant to City Manager, advised that two new members are being recommended for appointment to the Youth Advisory Committee. The Committee is recommending the appointment of Sarah Shive, Birdville High School for a two-year term and Blake Brown, Fort Worth Christian for a one-year term. COUNCILWOMAN JOHNSON MOVED TO APPROVE THE YOUTH ADVISORY COMMITTEE'S RECOMMENDATIONS FOR NEW COMMITTEE MEMBERS. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 7-0. 14. PZ 2004-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT, FLP FOR A ZONING CHANGE FROM "AG" AGRICULTURAL AND "0-1" OFFICE DISTRICTS TO "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATED IN THE 7900 AND 8000 BLOCKS OF PRECINCT LINE ROAD - 35.994 ACRES) - ORDINANCE NO. 2783 APPROVED Mayor Trevino advised the public hearing was opened and continued at the May 10, 2004 City Council meeting. Mr. Dave Green, Zoning Administrator, summarized the case. The applicant is proposing a development of a 125 lot subdivision for the site. The requested zoning will require a minimum 9,000 square foot lot with a minimum 2,000 square foot dwelling. A preliminary plat for this site was approved by the Planning & Zoning Commission at their April 15 meeting. Staff advised the residential zoning on the site is not completely in compliance with the Comprehensive Plan. The Comprehensive Plan shows proposed commercial frontage along Precinct Line Road. The request reflects a trend toward the downsizing of commercial/industrial areas for low-density residential development. The Planning & Zoning Commission recommended approval of PZ 2004- 06 by a vote of 7-0 on April 15, 2004. Staff answered Council questions on the proposed entrances to the site, the drainage of the site and how the proposed development will not force additional water onto the Lajoie's property, and possible impact to the City if the commercial area is down zoned to a low density residential. City Council Minutes May 24, 2004 Page 12 Mr. Doug Long, applicant, explained the flow of the drainage to the Council. Mayor Trevino called for anyone wishing to speak in favor of request to come forward. Mr. Jess Nelson, 8013 Precinct Line Road, owner of the adjacent property, spoke in favor of the proposed zoning. Mayor Trevino called for anyone wishing to speak in opposition to come forward. There being no one else wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILMAN METTS MOVED TO APPROVE PZ 2004-06 AS RECOMMENDED, ORDINANCE No. 2783. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 5-1-1; Mayor Pro Tem Whitson, Councilmen Lewis, Metts and Welch and Councilwoman Johnson voting for; Councilwoman Bielik voting against and Councilwoman Cox abstaining. Councilwoman Cox advised she was abstaining because she did not feel she knew enough about the project to vote. 15. PU 2004-026 AUTHORIZE THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES CONTRACT WITH DUNKIN SIMS STOFFELS, INC., IN THE AMOUNT OF $70,920 FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES OF SMITHFIELD ELEMENTARY AND HOLIDAY HEIGHTS ELEMENTARY SCHOOL/PARK SITES- RESOLUTION NO. 2004-035 APPROVED Mr. Jim Browne, Director of Parks and Recreation, presented the request. After advertising and solicitation for proposals, the proposals were reviewed and evaluated by a selection committee. The committee selected six firms to interview in accordance with the professional services procurement policy, and selected Dunkin Sims Stoffels, Inc. as the consultant to perform the necessary professional and technical services for Smithfield Elementary School and Holiday Heights Elementary School. Mr. Browne summarized the amenities that will be located in these two parks. COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2004-035. MAYOR PRO TEM WHITSON SECONDED THE MOTION. Motion to approve carried 7-0. City Council Minutes May 24, 2004 Page 13 16. PU 2004-027 AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DAVID C. BALDWIN INC. IN THE AMOUNT OF $157,600 FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES OF LITTLE BEAR CREEK, GOODE PLACE AND NO RICH PARKS AND APPROPRIATELY AMEND THE PARKS CIP BUDGET - RESOLUTION NO. 2004-036 APPROVED Mr. Jim Browne, Parks and Recreation Director, presented the request. Mr. Browne advised that the CIP Budget originally anticipated proceeding with the Stonybrooke Park/School site. Because the Birdville School District has not finalized the proposed school location at this site, it is proposed that the Goode Place neighborhood park site be substituted in this phase of the Neighborhood Park Initiative. After advertising and solicitation for proposals, the proposals were reviewed and evaluated by a selection committee. The committee selected six firms to interview in accordance with the professional services procurement policy, and selected David C. Baldwin Inc. as the consultant to perform the necessary professional and technical services for Little Bear Creek Neighborhood Park, Goode Place Neighborhood Park and Norich Park Renovation. The contract amount includes additional services for the preparation of surveys, preliminary and final plats for all three parks. Councilwoman Bielik questioned if the drainage issues in Norich Park would be addressed. Mr. Browne advised the drainage issues would be addressed. Mr. Browne advised that as part of the process the consultants will recommend and bring recommendations to the Park Board and City Council. MAYOR PRO TEM WHITSON MOVED TO APPROVE PU 2004-027, RESOLUTION No. 2004-036. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 7-0. 17. INFORMATION AND REPORTS A) IR 2004 WEST NILE VIRUS UPDATE Ms. JoAnn Stout, Director of Neighborhood Services, briefed the Council on the procedures that will be followed by the City to educate and inform the citizens, and the surveillance and collection of mosquitoes for the West Nile virus. B) ANNOUNCEMENTS - COUNCILMAN LEWIS Councilman Lewis made the following announcements: City Council Minutes May 24, 2004 Page 14 All City Offices will be closed Monday May 31st in observance of Memorial Day. Garbage will be collected as usual. W. C. Clark Blues, Rhythm and Groove will be playing at The Lotta Night Music Concert Series on Friday, May 28. This free concert begins at 7pm at Green Valley Park. Call the Recreation Center for more information. Information June 5 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Javier Garcia and Chuck James, Utility Division, Public Works Department - A call was received from a NRH resident expressing appreciation to Garcia and James for the great job they did in helping the resident extract mud and grass out of the curb line. They are an asset to the City and its residents. 18. ADJOURNMENT Mayor Trevino adjourned the meeting at 9:05 p. . Os ATTEST: r;?at/tlåâ ~ Patricia Hutson - City Secretary \'\\...~\,.., ·····'.1'" ", '.I ~ ~.}. .......... ~""" ~ L'~.· " "" ~.. '. ~ .::t "n '. '-" § ./ '\ ~ i~ ¡ r 'ï. ~ - . ......- :: : F· ::;: ~.,...~ 1 § ~~. h..:: ~v··.. ....Cj¡..... ¿¡Þ', ,'.. ~ .... .... .:: ~/ ..~... ..' //111, ... "..."". "'" . ",\.""