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HomeMy WebLinkAboutCC 2005-05-23 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 23, 2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 23rd day of May, 2005 at 5:45 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Timothy J. Welch Staff Members: Larry J. Cunningham Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples Mary Edwards Larry Koonce Mike Curtis Steve Brown Drew Corn Richard Abernethy Absent: Nancy Bielik Richard Torres Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Finance Director Public Works Director Library Director Budget Director Assistant to City Manager Councilwoman Assistant City Manager Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss Items from Reaular Mav 23. 2005 City Council Meetina None. 2. IR 2005-064 Discuss Investment Strateav and Investment Policv Update Finance Director Larry Koonce highlighted the changes made to the City's Investment Strategy and Investment Policy and discussed the strategies employed by the City. The City's Investment Committee has met and approved the recommendations and changes City Council Minutes May 23,2005 Page 2 to the policy. Council took formal action on the policy during the regular Council meeting. 3. IR 2005-065 Discuss Simmons Drive (Mid-Cities Boulevard to Grapevine Hiahwav); Short Term Improvements and Lona Term Improvements Public Works Director Mike Curtis presented a PowerPoint presentation highlighting the development activities along Simmons between Mid-Cities and Grapevine Highway. Development projects highlighted were 1) Walker Creek Elementary School currently under construction; 2) Platting of two lots by UICI with plans for expansion on one of the lots; 3) proposed Library and proposed Tarrant County College Conference Center - negotiations are in progress with Arcadia for the Library property and will be brought to Council in the near future; 4) mixed-use retail and residential development which was presented to Council several weeks ago. Mr. Curtis briefed the Council on the short term plan and long term plan for improvements. The short term improvements objective is to get the entire section of Simmons Drive between Mid-Cities and Grapevine Highway in an acceptable driving condition before the new elementary school opens and will be accomplished in three phases - 1) the section of Simmons from Mid-Cities to south property line of school will be reconstructed with concrete; concrete width will vary due to sections of pavement on various sides not yet improved; 2) the asphalt section beginning at south property line of school and tying into the improved Walker Boulevard will be asphalt overlaid; and 3) final section is the previously constructed section of Walker Boulevard. If details of the short term plan cannot be worked out, the longer term plan consists of completing the section of Simmons Drive from Mid-Cities Boulevard south past the school to its full width through a Capital Improvement Project that would be presented in the proposed 2005/06 Capital Projects Budget. The long term plan also includes the planned realignment of the section of Simmons Drive beginning at the south side of the school and bringing it in between the proposed Library and the Tarrant County College Conference Center. Improvements are planned for a Capital Improvement Project that will be presented in the proposed 2005/06 Capital Projects Budget. 4. Discuss Possible Amendment to Council Rules of Procedures Council was advised item placed on agenda in follow-up to executive session on May 9 in which Council expressed a desire to discuss some issues of concern dealing with the Council Rules of Procedure. Mayor Trevino asked for any issues or amendments Council felt needed to be made to the Council Rules. The following issues and concerns were discussed: Moving citizen presentation from the beginning of the agenda to end of the agenda after the announcements and not televising it at the time of the council meeting but recording it and televising at the next council meeting. Recording and televising later would allow Council the opportunity to address any accusations and issues presented to them. Council also discussed changing City Council Minutes May 23, 2005 Page 3 the time for citizens presentation from two minutes to three minutes for individual speakers and ten minutes for a speaker representing a group of ten or more and extending the total time from 20 minutes to 30 minutes. There was concern expressed with not televising the entire meeting. There was also concern expressed with allowing the televising of the citizen presentation and Council not being able to respond to the presentations. Some felt that it should be televised at the time a response could be provided. Attorney Staples explained the problem was with Council responding, but that there was not a limitation on staff responding. It was suggested to continue with the televising of the entire meeting and allow staff to briefly respond to any citizens presentations and if further clarification is needed, to replay it at the next meeting with an in-depth response. Censuring of false statements - It was suggested that the Council Rules need to address the making of inaccurate statements by any member of the Council in any venue about staff, councilor management. The individual who made the statement would be required to retract it within the same venue in which it was published or said. Council discussed that any member of the Council could privately confront another member of the Council about inaccurate statements and if the individual fails to respond then the Council could admonish the individual at a public meeting and vote publicly that the individual had done something wrong. Council agreed with Staff drafting an item to include in the rules and procedures that would address the censuring of false statements. Statements to newspapers or other public statements regarding lawsuits and litigation. Council discussed including in the rules a written policy that statements concerning settlements or appeals may not be made by a member of the Council when the City is involved in a lawsuit. Council agreed to address the issue in the rules and procedures. Personal attacks on Council & Staff - The Attorney pointed out that prior to every citizen presentation the Mayor reads a statement that no personal attacks on councilor staff will be allowed. The Attorney suggested that the Council consider a rule to correspond to the statement being read by the Mayor. Council agreed for Staff to prepare draft amendments to the Council Rules of Procedure based on the input provided by Council. The proposed amendments will be brought back to the Council for consideration. 5. Executive Session Mayor Trevino announced at 6:31 p.m. that the Council would adjourn to Executive Session as authorized by Texas Government Code Section 551.071 for consultation with Attorney to discuss the following legal issues: a) Charter Communications and b) City Council Minutes May 23, 2005 Page 4 status report on Davis vs. North Richland Hills and as authorized by Section 551.074 for deliberation of personnel matters to deliberate the appointment, employment, evaluation, duties of public officers and employees to wit: City Manager. 6. Adiournment Mayor Trevino announced at 6:57 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 23,2005 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Jo Cox Suzy Compton JoAnn Johnson David Whitson Timothy J. Welch Mayor Councilman Councilwoman Councilwoman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney Absent: Nancy Bielik Richard Torres Councilwoman Assistant City Manager 2. INVOCATION Mayor Pro Tem Whitson gave the invocation. City Council Minutes May 23, 2005 Page 5 3. PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. 4. GN 2005051 ELECTION OF MAYOR PRO TEM Mayor Pro Tem Whitson moved to nominate Councilman Welch as Mayor Pro Tem. Councilwoman Johnson seconded the motion. Motion to approve carried 6-0. 5. SPECIAL PRESENTATIONS GOLIGHTLY'S GALLERY CELEBRATING 20TH ANNIVERSARY Councilwoman Compton presented Janet Golightly with a proclamation recognizing her and Golightly Gallery for 20 years of service in North Richland Hills. 2005 MOTORCYCLE SAFETY AND AWARENENSS MONTH - GENE O'BANNON Mayor Pro Tem Welch presented Mr. O'Bannon with a proclamation recognizing Mayas motorcycle safety and awareness month. YARD OF THE MONTH PRESENTATION Councilman Lewis and Keep NRH Beautiful Commission Member John Paraskevas presented certificates to the following yard of the month recipients: Kim Kirby, 3808 Park Oaks Court; Oris Baldwin, 4624 Mackey Drive; Dale & Sarah Henry, 4913 Skylark Circle; Terry & Brenda Garrett, 5817 Steeplewood; Robert Moffeit, 8409 Birdge Street; Caroline Pivonka, 6733 Brittany Park Court; Ridvan Karsi, 8629 Madison Drive; Tom & Jeanice Gaither, 7832 Aubrey Lane; Lee Ann Moore, 8821 Trails Edge; Texas SmartScape Winner Angela McCrory, 7404 Woodhaven and Business Landscape Winner Arcadia Development, Attention: Bill Gietema, 5440 Harvest Hill Road, Suite 206, Dallas, Texas. City Council Minutes May 23, 2005 Page 6 6. CITIZENS PRESENTATION Herb Parsons, 7701 Turner Drive, advised he agreed with the majority of suggestions council discussed in Pre-Council with regards to possible amendments to the Council Rules of Procedure. Mr. Parsons asked that council also include that public officials be responsible for false statements made against citizens and groups of North Richland Hills. Charles Cole, 6125 Riviera Drive, congratulated council on the recent election. Mr. Cole asked council to show civility toward citizens who speak at the citizen's presentation during council meetings. David B. Nelson, 7228 Coventry Court, thanked council and the Park and Recreation Board for Liberty Park. Tim Barth, 8400 Bridge Street, inquired to the number of open record requests received by the City Secretary's Office and how the city works with respect to how much time is devoted to open record requests. Mr. Barth asked if he could get a report as to how many open record requests were received from Ron West and the incumbent's challengers in the May election and the amount of staff time utilized to comply with requests. Mayor Trevino asked the City Manager to follow up with Mr. Barth's request. Patricia Christopher, 6780 Tabor Street, thanked the city for the dedication and construction of Liberty Park. Suzette Christopher, 4800 Holiday Lane, complimented staff for an excellent job for the Liberty Park dedication. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. Mayor Trevino asked the City Manager why Councilwoman Bielik was absent from the council meeting. Mr. Cunningham advised she was at a conference. Mayor Trevino asked for more information because as a rule he explains the absence of a council member. Mr. Cunningham advised Councilwoman Bielik was attending an International Shopping Center Retail Trade Show in Las Vegas. Mayor Trevino asked if this was a city funded trip. Mr. Cunningham advised it was a city funded trip. City Council Minutes May 23,2005 Page 7 Councilwoman Johnson advised she did not recall this being brought before council. Councilwoman Johnson asked staff to place this topic on a future agenda for discussion. 8. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE MAY 09, 2005 COUNCIL MEETING B. MINUTES OF THE MAY 17, 2005 SPECIAL COUNCIL MEETING MA VOR PRO TEM WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 9. GN 2005-052 APPROVE INVESTMENT STRATEGY AND INVESTMENT POLICY UPDATE - RESOLUTION NO. 2005-043 APPROVED The Public Fund Investment Act (PFIA) requires City Council to review and adopt the City's Investment Strategy and Investment Policy annually. Occasional legislative changes to the PFIA as well as economic environment changes affecting investment decisions require revisions to the Investment Strategy Statements and Investment Policy. A committee comprised to review and recommend changes are suggesting the following changes: Investment Strateav Statements · A sentence has been replaced in the yield section of each fund to include a more thorough definition of the objective of this investment guideline. This change is reflected on pages 3, 4, 5, 6, and 7. Investment Policv · A statement explaining the consolidation of cash balances and the allocation of earnings to various funds as required by GAAP (generally accepted accounting principles) was included under the Scope section on page 2. City Council Minutes May 23, 2005 Page 8 · On page 3, under the Investments section V, a paragraph which describes additional portfolio management procedures was incorporated. · According to a recent PFIA training session, if an investment pool used by the city invests funds in commercial paper and/or banker's acceptances, the investment policy does not need to list these instruments as authorized investments. For that reason, these two investments were removed from the Authorized Investments section on pages 4 and 5. · Under section VI titled Diversification on page 7, item (6) on the list of investment limits by type was deleted due to the removal of the investments as authorized. Item (5) now includes narrative concerning indirect investment limits. · A statement has been added to clearly define the type of securities the City will accept as collateral for City funds. The new statement appears under section VIII titled Collateralization on page 8. · A paragraph was added to section VIII Collateralization on page 9 stating collateral should be increased to cover the funds used to purchase an investment to ensure adequate coverage in the event of a failed trade. · The City does not monitor market prices through a private financial firm at this time. Section IX titled Investment Procedures on page 10 was modified to indicate this change and provide an appropriate explanation of the investment procedures currently in place. · Marking to Market paragraph was included in section IX Investment Procedures (page 12). · Section XIII titled Management and Internal Controls on page 15 was included to list in detail the controls that should be maintained by the Director of Finance. · Section XIII titled Depositories on page 15 has been updated to reflect the considerations the City uses for award of the depository services contract. · The investment bid form (Appendix B) on page 19 was updated to include more detailed information about the investment transaction. · The approved securities dealers (Appendix D) on page 30 and the Glossary (Appendix I) on page 75 have been updated to reflect current information as it relates to the City's investments. · The master repurchase agreement (Appendix F) on page 32 has been updated with a more current version of the document. City Council Minutes May 23, 2005 Page 9 Finance Director Larry Koonce was available to answer questions from council. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION 2005-043. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 10. GN 2005-053 APPOINT MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Council is being requested to appoint the following to the Youth Advisory Committee. The appointments are to fulfill vacancies that currently exist on the committee. Elise Manley, Fort Worth Christian School - 2 year term Lauren Pitts, Richland High School - 2 year term Paige Ammons, Richland High School - 1 year term Daniel Hamilton, Richland High School - 1 year term Assistant to City Manager Richard Abernethy was available to answer questions from council. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2005-053. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 11. GN 2005-054 APPROVE ORDINANCE ABANDONING & CLOSING CARDINAL LANE BETWEEN STATE HIGHWAY 26 & WALKER BOULEVARD- ORDINANCE NO. 2835 APPROVED Nature of request is to officially close a section of Cardinal Lane and abandon the right- of-way. The section of Cardinal Lane from State Highway 26 to Walker Boulevard was blocked off for public use when Walker Boulevard was constructed in 2000. Arcadia Land Partners is currently in the process of working on a proposed retail/residential development at the location of the old section of Cardinal Lane. Public Works Director Mike Curtis was available to answer questions from council. City Council Minutes May 23, 2005 Page 10 MAYOR PRO TEM WELCH MOVED TO APPROVE GN 2005-054 THE APPROVAL OF THE ORDINANCE ABANDONING AND CLOSING CARDINAL LANE BETWEEN STATE HIGHWAY 26 AND WALKER BOULEVARD AND ORDINANCE NO. 2835. COUNCilWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 12. GN 2005-055 APPROVE PARTICIPATION AGREEMENT WITH TARRANT COUNTY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION NO. 2005-045 APPROVED Nature of request is to rescind Resolution No. 2005-039 which was recently approved by council at the May 09,2005 council meeting. The resolution, which approved participation in Tarrant County's Community Development Block Grant and HOME fund program through 2008, was found to require changes to the language of the agreement. Tarrant County informed the city of Federal regulations which require HOME fund provisions be in a separate agreement. Staff is requesting council approve Resolution No. 2005-045 that includes changes from Tarrant County. COUNCilWOMAN COMPTON MOVED TO RESCIND RESOLUTION NO. 2005-039 AND APPROVE RESOLUTION NO. 2005-045. MOTION TO APPROVE CARRIED 6-0. 13. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA Mayor Trevino advised the council in Executive Session discussed the salary and extension terms of the City Manager's contract. Council also discussed increasing the City Manager's salary 9%. COUNCilWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2005-046. COUNCilMAN lEWIS SECONDED THE MOTION. Mayor Trevino advised Resolution No. 2005-046 extended the terms of the City Manager's contract by two years, provided for a 9% compensation increase and provided for an annual increase each October 1 by the average increase of all city employees' salaries. '. City Council Minutes May 23, 2005 Page 11 MOTION TO APPROVE CARRIED 6-0. 14. INFORMATION AND REPORTS Councilwoman Johnson made the following announcements. City offices will be closed Monday, May 30, in observance of the Memorial Day Holiday. Garbage will be collected by Trinity Waste Service. The City of North Richland Hills continues its free spring concert series at Green Valley Park, 7701 Smithfield Road. The next concert will be "Me and Pooch" at 7 p.m. on June 3. Admission is free. Please bring your lawn chairs and blankets. For more information, call 817-427-6614. The Keep NRH Beautiful Commission is planning its 2nd Annual Pond and Garden Tour. The Commission is looking for a few pond and/or garden owners that would be willing to open their property to the public on Saturday, June 4, from 11 :00 a.m. to 3:00 p.m. If you live in North Richland Hills and would like to be considered for participation, please call Neighborhood Services at 817-427-6651. Kudos Korner - Tommy Miller, Supervisor at the Animal Adoption & Rescue Center - An e-mail was received from the Haltom City Animal Care and Adoption Center thanking Tommy for his assistance during their extreme staffing shortage. Miller provided advice on training, ordering supplies, cleaning and more. Haltom City is grateful to have such a great neighbor. 15. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:54 ,..~ i~~"""'''''''' ~..,.~ ~ .** .. i',. Š ....- n ...."" A :~n"!· \( )~ =: r :":: - .. . - ~ '" ë.-A·~ . ~~" Patn~ H1ii3ön -,,@ì y Secretary IIIffl/ 1111'" \' I'"