HomeMy WebLinkAboutCC 2015-12-14 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
DECEMBER 14, 2015
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
14th day of December 2015 at 5:30 p.m. in the City Council Workroom prior to the 7:00
p.m. regular Council meeting.
Present: Oscar Trevino
David Whitson
Tito Rodriguez
Rita Wright Oujesky
Tom Lombard
Tim Barth
Scott Turnage
Tim Welch
Staff Members
Call to Order
Mark Hindman
Paulette Hartman
Karen Bostic
Jimmy Perdue
Mike Curtis
Vickie Loftice
Alicia Richardson
George Staples
Monica Solko
Stan Tinney
Kent Austin
Craig Hulse
Mary Peters
Dave Pendley
Clayton Comstock
Clayton Husband
Kristin James
Mike Young
Marrk Collier
Kyle McAfee
Rick Scott
Mayor
Mayor Pro Tern
Council, Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 6
Council, Place 7
City Manager
Assistant City Manager
Assistant City Manager
Director of Public Safety
Managing Director
Managing Director
City Secretary
City Attorney
Assistant City Secretary
Fire Chief
Director of Finance
Director of Economic Development
Public Information Officer
Chief Building Official
Planning Manager
Principal Planner
Assistant to the City Manager
Assistant Police Chief
Management Assistant
Assistant Fire Chief
Assistant Police Chief
Mayor Trevino called the meeting to order at 5:31 p.m.
December 14, 2015
City Council Meeting Minutes
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1. Discuss items from Regular City Council meeting.
Council had no questions for staff.
2. Discuss and receive update on new Citv Hall.
Director of Public Safety Jimmy Perdue advised that he is coming before Council to
notify them of a change order to the contract with Balfour Beatty Construction to
increase the Guaranteed Maximum Price (GMP). In October 2013, the GMP
($56,790,000) was established and tonight staff is seeking Council's approval to adjust
the GMP to $60,115,165.20. Mr. Perdue advised Council that to date the project has
experienced 43 weather days, which have impacted construction. On November 29, he
was made aware of a water leak in the crimes division unit that was caused by an
electrician drilling through a water line. Staff worked with the contractor to mitigate the
water damage. In addition to the most recent setback, the project has experienced
other delays due to several trades behind in work schedule, departure of a
superintendent, holidays, and furniture delivery and installation. Mr. Perdue informed
Council the substantial completion date has been pushed to January 22, 2016, and
there will be an additional 45 -60 days until departments are moved into the new
building.
Mr. Perdue informed Council that item F.4 on the regular agenda is a change order to
increase the Guaranteed Maximum Price (GMP) for the new City Hall. He advised that
he met with the Municipal Complex Oversight Committee and discussed in detail the
activity and change orders related to the new City Hall project. Change Order No. 11
includes the adjusted GMP of $60,115,156.20 and the following: (i) changes to owners
and construction contingency; (ii) transfer of allowances; (iii) transfer of overall project
funding; (iv) reduction of design fees; and (v) transfer of budgetary expenses. Staff is
requesting that Council authorize the Director of Public Safety to execute the contract
change order with Balfour Beatty Construction.
In response to Mayor Trevino's question, Mr. Perdue advised that the electrician is
covered by insurance and will pay the deductible and Balfour Beatty Construction would
pay any remaining costs associated with the damage.
3. Consider appointing members to serve on the Texas Commission on Law
Enforcement (TCOLE) Training Advisory Board.
Director of Public Safety Jimmy Perdue informed Council the police department is a
state -wide licensed entity through the Texas Commission on Law Enforcement
(TCOLE). The North Richland Hills Police Department is considered a contract training
provider through TCOLE. A requirement for training contract providers is to appoint a
training advisory board. The board is informal in nature and advises on the
development of training curriculum for the contract training provider. As outlined by the
Texas Occupations Code, Section 1701.052, the membership of the board must have
one -third of the membership as public members. Staff is recommending that Council
nominate one public member along with two other community representatives to the
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City Council Meeting Minutes
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advisory board. Mr. Perdue advised Council that he reached out to Whitney Harding
and Pastor Rogers and received their commitment to serve on the board.
The consensus of Council was to nominate Council member Rita Wright Oujesky.
EXECUTIVE SESSION
Mayor Trevino announced at 5:53 p.m. that the Council would adjourn into Executive
Session as authorized by Chapter 551, Texas Government Code, specifically Section
551.071: consultation with city attorney to seek advice about pending or threatened
litigation or a settlement offer: (1) City of North Richland Hills vs. Woodcrest
Marketplace, et al,; (2) City of North Richland Hills vs. Windward Partners VII, et al,; (3)
City of North Richland Hills, Texas vs. Woodbriar Management Ltd. and Texas
Midstream Gas Services, LLC; (4) City of North Richland Hills vs Davis Commons
Limited Partnership d /b /a Summerfield Summit Shopping Center; Subway Real Estate
Corp.; Sovereign Bank, National Association; (5) Oncor Electric Delivery Company LLC
f /k /a Oncor Electric Delivery Company; and Texas Midstream Gas Services, LLC; (6)
Erin Lincoln and Kathleen Lincoln Individually and as Representative of the Estate of
John Lincoln vs City of Colleyville, Texas; J. Campbell; Brian Goen; Loren Walden;
Dustin Black; and City of North Richland Hills, Texas; (7) James H. Watson v. City of
Allen, et al.; Section 551.076: Deliberations regarding security devices or security
audits; and Section 551.087: Deliberate the offer of financial or other incentives to a
business prospect with which the city is conducting economic development negotiations
in the south sector of the city. Executive Session began at 5:54 p.m. and concluded at
6:59 p.m.
Mayor Trevino announced at 6:59 p.m. that Council would convene to the regular City
Council meeting.
REGULAR COUNCIL MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order December 14, 2015 at 7:05 p.m.
ROLL CALL
Present: Oscar Trevino
David Whitson
Tito Rodriguez
Rita Wright Oujesky
Tom Lombard
Tim Barth
Scott Turnage
Tim Welch
Staff Members: Mark Hindman
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City Council Meeting Minutes
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Mayor
Mayor Pro Tern
Council, Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 6
Council, Place 7
City Manager
Paulette Hartman
Karen Bostic
Alicia Richardson
Monica Solko
George Staples
A.1 INVOCATION
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
City Attorney
Council member Lombard gave the invocation.
A.2 PLEDGE
Council member Lombard led the pledge of allegiance to the United States and Texas
flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
A.4 CITIZENS PRESENTATION
Mr. Tolbert Jenkins, 8001 Limerick Lane, commented on solar panel permits, traffic, and
the HOV lanes.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
No items were removed from the consent agenda.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVE MINUTES OF THE OCTOBER 5, 2015 CITY COUNCIL AND PARK
AND RECREATION JOINT WORK SESSION MEETING.
B.2 APPROVE MINUTES OF THE NOVEMBER 9, 2015 REGULAR CITY COUNCIL
MEETING.
COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C. PUBLIC HEARINGS
CA RP 2015 -07, PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM 7291 ENTERPRISES FOR A REPLAT OF THE EDGLEY ADDITION ON
0.5971 ACRES LOCATED AT 7291 & 7293 GLENVIEW DRIVE.
APPROVED
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Mayor Trevino opened the public hearing and called on Senior Planner Clayton
Husband to present the item.
Principal Planner Clayton Husband presented item for Council. The purpose of the
request is to establish the property boundary for Lots 1 and 2 of the Edgley Addition as
they currently exist under present ownership. The plat is administratively complete and
meets the requirements of the subdivision regulations. The Planning and Zoning
Commission, at their December 3, 2015 meeting, recommended approval with a vote of
6 -0.
Applicant representative Tom Batenhorst, 7291 Glenview Drive, North Richland Hills,
presented request to Council and was available to answer questions.
Council had no questions for staff or the applicant.
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.
COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE RP 2015 -07. COUNCIL MEMBER WELCH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
C.2 ZC 2015 -20, ORDINANCE 3384, PUBLIC HEARING AND CONSIDERATION
OF A REQUEST FROM THE BOSQUET GROUP, INC. ON BEHALF OF
RACETRAC PETROLEUM, INC. FOR A ZONING CHANGE FROM C -2
COMMERCIAL TO RD -PD REDEVELOPMENT PLANNED DEVELOPMENT
ON 2.135 ACRES LOCATED AT 4940, 5000, & 5028 DAVIS BOULEVARD.
APPROVED
Mayor Trevino opened the public hearing and called on Planning Manager Clayton
Comstock to present the item.
Planning Manager Clayton Comstock presented item for Council. The nature of the
request is to combine two developed properties, one vacant property, and a portion of
Birchwood Drive right -of -way to construct an 18 -pump RaceTrac gasoline station and
5,500 square foot convenience store. The request includes a proposed abandonment
for a portion of Birchwood Drive, located east of Davis Boulevard, and a variance to the
width of the driveways. The Planning and Zoning Commission, at their December 3,
2015 meeting, recommended approval with a vote of 6 -0, subject to the driveway width
on Maplewood Drive being 39 foot.
Applicant representative Laura Hoffman, 2278 North Harwood Street, Dallas, presented
request and was available to answer questions from Council. Ms. Hoffman commented
that this store will be their new prototype design and will include outdoor dining and
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City Council Meeting Minutes
Page 5 of 10
gathering areas. She further commented that they will provide a driveway connection to
the adjacent proposed Total Shooting Sports indoor gun range.
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.
COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE ZC 2015 -20, TO INCLUDE THE
RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION FOR THE 39 -FOOT WIDTH
DRIVEWAY OFF MAPLEWOOD AND REMAINING DRIVEWAYS TO BE 35 FOOT. COUNCIL MEMBER
RODRIGUEZ SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
D. PLANNING AND DEVELOPMENT
DA AP 2015 -10, CONSIDERATION OF A REQUEST FROM JBI PARTNERS, INC
FOR AN AMENDED PLAT OF HOMETOWN CANAL DISTRICT PHASE 4 ON
10.892 ACRES LOCATED IN THE 8700 BLOCK OF BRIDGE STREET.
APPPC)VFn
Principal Planner Clayton Husband presented item to Council. The purpose of the
request is to make the following adjustments to the plat: (1) portion of Lots 38 -40, Block
B to be removed from the flood plain, per the map revision effective September 4, 2015;
(2) change street name from Myrtle Street to Madrid Street; (3) Lot 5, Block D to
incorporate 1,409 square foot open space lot; and (4) front building lines for the 35 -foot
wide cottage lots be changed from ten to five feet. The plat is administratively complete
and meets the requirements of the subdivision regulations. The Planning and Zoning
Commission, at their December 3, 2015 meeting, recommended approval with a vote of
6 -0.
Applicant representative Josh Luke, 60505 Orchard Park Drive, presented request and
was available to answer questions from Council.
Council had no questions for staff or the applicant.
COUNCIL MEMBER LOMBARD MOVED TO APPROVE AP 2015 -10. MAYOR PRO TEM WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
E. PUBLIC WORKS
There were no items for this category.
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F. GENERAL ITEMS
F.1 AUTHORIZE CITY MANAGER TO EXECUTE, AS GRANT FIDUCIARY FOR
THE TEXAS ANTI -GANG CENTER (TAG CENTER), THE AWARD OF
CONTRACT TO ED. A. WILSON, INC. FOR CONSTRUCTION OF THE TEXAS
ANTI -GANG TASK FORCE SITE IMPROVEMENTS.
APPROVED
Assistant Police Chief Rick Scott presented item for Council. The purpose of the
request is to execute a professional services contract with Ed A. Wilson, Inc. in an
amount not to exceed $968,170 for general contractor services associated with buildout
of the Texas Anti -Gang Task Force Center ( "TAG Center ") building site. Negotiations
are on -going to reduce the construction amount through value engineering measures.
The current expenses exceed allowable grant funding; however, the Executive Board at
the High Intensity Drug Trafficking Agency has agreed to fund any shortage for the cost
of construction.
Council had no questions for staff.
COUNCIL MEMBER TURNAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE, AS
GRANT FIDUCIARY FOR THE TEXAS ANTI -GANG CENTER (TAG CENTER), THE AWARD OF
CONTRACT TO ED. A. WILSON, INC. FOR CONSTRUCTION OF THE TEXAS ANTI -GANG TASK
FORCE SITE IMPROVEMENTS. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.2 AUTHORIZE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH TARRANT COUNTY FOR THE
TECHSHARE.JUVENILE PROGRAM.
APPRnVFn
Assistant Police Chief Mike Young presented item for Council. The City of North
Richland Hills was invited to participate in Tarrant County's pilot program to
electronically file juvenile cases. The memorandum of understanding outlines the
minimum technical standards required to participate in the program.
Council had no questions for staff.
COUNCIL MEMBER WELCH MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH TARRANT COUNTY FOR THE TECHSHARE.JUVENILE
PROGRAM. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
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F.3 APPROVE RESOLUTION NO. 2015 -027, UPDATING THE PARKS,
RECREATION & OPEN SPACE MASTER PLAN.
APPROVED
Managing Director Vickie Loftice presented item for Council.
Council had no questions for staff.
COUNCIL MEMBER LOMBARD MOVED TO APPROVE RESOLUTION NO. 2015 -027. COUNCIL
MEMBER BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.4 AUTHORIZE THE DIRECTOR OF PUBLIC SAFETY TO EXECUTE A CHANGE
ORDER TO THE CONTRACT WITH BALFOUR BEATTY CONSTRUCTION TO
ADJUST THE GUARANTEED MAXIMUM PRICE FOR THE CITY HALL
PROJECT TO $60,115,156.20.
APPROVED
Director of Public Safety Jimmy Perdue presented item for Council. The purpose of the
request is to change the Guaranteed Maximum Price (GMP) and authorize the Director
of Public Safety to execute the contract. This change order (No. 11) adjusts the GMP to
$60,115,156.20. As the project manager, he oversees and executes contracts
associated with the new City Hall project. Mr. Perdue commented that although the
GMP has increased staff is not requesting additional funds as funding is available within
the overall city hall project.
Council had no questions for staff.
COUNCIL MEMBER LOMBARD MOVED TO AUTHORIZE THE DIRECTOR OF PUBLIC SAFETY TO
EXECUTE A CHANGE ORDER TO THE CONTRACT WITH BALFOUR BEATTY CONSTRUCTION TO
ADJUST THE GUARANTEED MAXIMUM PRICE FOR THE CITY HALL PROJECT TO
$60,115,156.20. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.5 CONSIDER APPOINTMENTS TO THE NAMING BOARD.
APPROVED
City Secretary Alicia Richardson presented item for Council. The purpose of the item is
to consider and take action on the recommendation of Mayor Trevino to appoint Council
members Wright Oujesky, Lombard and Welch. If approved, members will serve for
one year.
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COUNCIL MEMBER TURNAGE MOVED TO APPROVE THE RECOMMENDATION OF MAYOR TREVINO
TO APPOINT COUNCIL MEMBERS WRIGHT OUJESKY, RODRIGUEZ AND WELCH. COUNCIL
MEMBER LOMBARD SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK
SESSION AGENDA
G.1 CONSIDER ECONOMIC DEVELOPMENT AGREEMENT AND LEASE WITH
ROVIN, INC OR A WHOLLY OWNED DESIGNEE.
APPROVED
Director of Economic Development Craig Hulse presented item for Council. The nature
of the request is to consider a lease and economic development agreement for an
acceptable restaurant use that fronts North East Loop 820 and east of Rufe Snow Drive.
Staff is recommending that Council authorize the city manager to negotiate and enter
into a lease agreement and economic development agreement with Rovin, Inc., or
assigns, for a restaurant use located east of Rufe Snow Drive fronting south side of
North East Loop 820.
Council had no questions for staff.
COUNCIL MEMBER LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND
ENTER INTO A LEASE AGREEMENT AND ECONOMIC DEVELOPMENT AGREEMENT WITH ROVIN,
INC., OR ASSIGNS, FOR A RESTAURANT USE LOCATED EAST OF RUFE SNOW DRIVE FRONTING
SOUTH SIDE OF NE LOOP 820. COUNCIL MEMBER BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
H. INFORMATION AND REPORTS
HA ANNOUNCEMENTS
Council member Barth made the following announcements.
NRH Santa Cops and the Firefighter's Association are holding a holiday toy and food
drive to benefit those who are less fortunate in our community. Residents are
encouraged to share in the holiday spirit by dropping off new, unwrapped toys and
nonperishable food items to the Police Department or any NRH Fire Station. Donations
will be accepted through December 20, 2015.
City Hall and other non - emergency city offices will be closed for the holidays on
December 24, December 25, and January 1. Garbage and recycling will not be
December 14, 2015
City Council Meeting Minutes
Page 9 of 10
collected on Christmas Day or New Year's Day. Friday's routes will be collected on
Saturday.
The December 21, 2015 City Council meeting has been canceled. The next regular
scheduled meeting is January 11, 2016 at 7:00 p.m.
Kudos Korner — Matt Fielding and David Nichols in the Public Works Department — A
call was received from a resident thanking Matt and David for responding on
Thanksgiving Day to her call requesting sandbags due to the heavy rain. She really
appreciated the service and the city staff taking the time to help on a holiday.
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:03
ATTEST: '
Alicia Richardson, City
December 14, 2015
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Oscar
ino, Mayor