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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 Page 1 of 10 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 December 14, 2015 City Council Meeting Minutes Page 2 of 10 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 December 14, 2015 City Council Meeting Minutes Page 3 of 10 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 December 14, 2015 City Council Meeting Minutes Page 4 of 10 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 December 14, 2015 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. December 14, 2015 City Council Meeting Minutes Page 6 of 10 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. December 14, 2015 City Council Meeting Minutes Page 7 of 10 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. December 14, 2015 City Council Meeting Minutes Page 8 of 10 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 City Council Meeting Minutes Page 10 of 10 Ill- n 4 Z: IC reta ry C Oscar ino, Mayor