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HomeMy WebLinkAboutCC 2004-03-22 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MARCH 22, 2004 - 5:45 P.M. For the Meeting conducted at the North Richland Hills City Hall- Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular March 22,2004 City Council Meeting (5 Minutes) Independent Auditors to Brief City Council on the Changes in 2. I R 2004-030 the Comprehensive Annual Financial Report - GASB 34 (20 Minutes) *Executive Session - The Council may Enter into Closed 3. Executive Session to Discuss the Following: Deliberation Regarding Real Property as Authorized by §551.072 - North Davis Area Deliberation Regarding Economic Development as Authorized by §551.087 - South Grapevine Highway Corridor Area 4. Adjournment *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. POSTED - 3¡q.or DMI d.·.30-C V~- 03/22/04 City Council Agenda Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MARCH 22, 2004 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - Birdville High School, Principal Susan Fisher; Lisa Greco, Student Council Sponsor 3. Pledge - Birdville High School, Principal Susan Fisher; Lisa Greco, Student Council Sponsor 03/22/04 City Council Agenda Page 2 of 4 NUMBER ITEM ACTION TAKEN 4. Special Presentations - Diana Mathis, Police Department, Awarded McKinney Police Departments "Citizen's Certificate of Merit" Presentation to Richland High School Students for Distinguished Acts - Danny Hupp, Andy Baxter, Joseph Mcintosh, Scotty Clynch, and Blake Barfield Recognition of Fort Worth Christian Girls Basketball Team Motorcycle Safety Awareness Proclamation IR 2004-031 Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Financial Report ending September 30, 2002 5. Citizens Presentation 6. Removal of Item(s) from the Consent Agenda 7. Consent a. Minutes of the March 11, 2004 Council Agenda Meeting GN 2004-018 b. Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 2004 - 020 PU 2004-017 c. Authorize Contract Extension for Uniform Cleaning Services to Dry Clean Super Center Cleaners- Resolution No. 2004- 021 Presentation of Fiscal Year 2003 Audited 8. GN 2004-019 Financial Report Approve City/Developer Agreement with MEGA 9. GN 2004-020 Life and Health Insurance Company (UICI) for a Traffic Signal at the Intersection of Mid-Cities Boulevard and Simmons Drive and Revise the 2003/04 Capital Projects Budget - Resolution No. 2004-022 Adjustment of Fee for Collection of Delinquent 10. GN 2004-021 Ad Valorem Taxes and Amendment of Tax Attorney Contract 03/22/04 City Council Agenda Page 3 of 4 NUMBER ITEM ACTION TAKEN 11. GN 2004-022 Appointments to Wholesale Water Customer Advisory Committee and Wholesale Wastewater Customer Advisory Committee 12. PU 2004-013 Consideration and/or Action on Awarding of Bids for the Construction of Fire Station No. 1 and 4 to Harrison Quality Construction Company (Council Continued Item at their 2/23/04 Meeting) 13. Action on Any Item Discussed in Executive Session listed on Pre-Council Agenda 14. Information and Reports 15. Adjournment POSTED ~~(c¡. óÇ/ 0... d.::XJ f) IYl , TInIe a~ 03/22/04 City Council Agenda Page 4 of 4 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004-030 " ~ Date: T Subject: March 22, 2004 Independent Auditors to Brief Council on the Changes in the Comprehensive Annual Financial Report Staff has briefed the Mayor and City Council on numerous occasions that the Comprehensive Annual Financial Report would be converted to a new model as required by Governmental Accounting Standards Board Statement 34. The audited financial statements for the year ending September 30,2003 are the first statements to be issued under this pronouncement. The new reporting model is a major departure from the old model which has been used for many years. As such, management and staff have requested that Terry Kile of Deloitte and Touche, our independent auditors, give a brief overview of the changes to the report in Pre-Council. There is also an item on the regular agenda requesting Council acceptance of the report. The Accounting Department led by Jackie Theriot, Accounting Manager, has worked tirelessly to complete this conversion. This conversion can be compared to a major computer conversion and Y2K rolled into one. Staff set an aggressive deadline for this project so that financial statements could be issued prior to the bond rating meetings on April 5th and 6th. Many cities have chosen to take advantage of the automatic one-month extension offered by the Government Financial Officers Association to issue the new report in April. I personally would like to thank Jackie and her staff for their continual dedication and professionalism. We also want to thank Terry Kile and his staff for their expertise and guidance in getting this done. Respectfully submitted, ~~. Larry Koonce \v(..( Director of Finance .~'!/ L ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS - .- ---.-----_________,,,'... _m___·'_o._···· '_.__~____~.....~~~..____,,_~_..~._~____. §pecial Presentations Presenter: Recjpient: Reason: Presenter: Recipient: Reason: Presenter: Recipient: Reason: Presenter: Proclamation: Recipient: Assistant Chief Richard Kitchen Diana Mathis, Police Department She was awarded the McKinney Police Departments "Citizen's Certificate of Merit" for her assistance in coordinating the efforts all police departments who were burglarized to meet at NRH to collaborate and seek ways to solve the case Council Member JoAnn Johnson and Roxanne Nichols, Holiday Lane Estates Danny Hupp, Andy Baxter, Joseph Mcintosh, Scotty Clynch, and Blake Barfield, Richland High School Students These students are to be commended for their assistance at the Holiday Lane Estates. During a storm last spring, these students helped move the elderly from one area of the facility to the other for their protection. The Assisted Living Community really appreciated their willingness to help and Roxanne will be here to recognize the boys as well. Council Member Joe Tolbert Fort Worth Christian Girls Basketball Team The girls basketball team won the T APPS 4A state title. This is the girls second state title in three seasons. They beat Lubbock Trinity with a score of 64-50. Council Member Scott Turnaae Motor Safety Awareness Proclamation Dawn Worcester INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.IR 2004-031 ',- ~ Date: T Subject: March 22, 2004 Special Presentation - Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Financial Report ending September 30, 2002 The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City for its Comprehensive Financial Report for the fiscal year ending September 30, 2002. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports. The Certificate of Achievement is valid for a period of one year only. The City has been awarded a Certificate of Achievement for the last 20 consecutive years. The GFOA 2002 report of results of the program indicates that there were a total of 1,196 municipalities in the State of Texas, and 153 received the award. The Certificate of Achievement for Excellence in Financial Reporting Program was established by the Government Finance Officers Association (GFOA) in 1945. The GFOA instituted the program to encourage all government units to prepare and publish an easily readable and understandable comprehensive annual financial report (CAFR) covering all funds and financial transactions of the government during the fiscal year. The GFOA believes that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. CAFR's go beyond the requirements of generally accepted accounting principles (GAAP) to provide the many users of government financial statements with a wide variety of information useful in evaluating the financial condition of a government. The Certificate Program provides participants with extensive technical reference materials to improve their financial reporting techniques. Suggestions and comments from reviewers also help staff to improve the document. Another great benefit of the Certificate of Achievement is that it provides a detailed vehicle by which bond rating analysts, market analysts, investors, potential investors and others may assess the relative attractiveness of our City's bonds compared to alternative investment opportunities. Fred Werner, Director of Finance with the City of Grapevine and past President of the Government Finance Officers Association of Texas, will be at the Council meeting to present the Certificate of Achievement award to the City. Although no action is needed by Council, we do commend Jackie Theriot, Accounting Manager, and the Accounting staff for their professional efforts that have made it possible for the City to again receive this prestigious award. This is truly a team effort by City Council, Management, and staff and meets Council Goal 4: Financially Responsible City Government. Respectfully submitted, Df..~ ~ V" Larry Koonce L Director of Finance ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MARCH 11, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 11th day of March, 2004 at 5:45 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 Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Paulette Hartman Patricia Hutson Alicia Richardson George Staples John Pitstick Larry Koonce Mike Curtis Jenny Mabry Thomas Powell Steve Brown Andy Jones Dave Green Bill Thornton Call to Order Mayor Mayor Pro T em Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary Assistant City Secretary City Attorney Director of Development Finance Director Public Works Director Communications Director Director of Building Services Library Director Fire Chief Zoning Administrator Assistant Park & Recreation Director Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m. 1. Discuss Items from Regular March 11. 2004 City Council Meeting No items were discussed. City Council Minutes March 11, 2004 Page 2 Mr. Cunningham advised Council that a correction was made to Ordinance No. 2771, Agenda Item No. 14. There was a typo on Page 5 of 6, Section 7 -8 (b) - the word "property" was changed to "proper". 2. IR 2004-026 Presentation bv Mr. Dan Quinto for the Purpose of a Development Update on the Hometown Addition Mr. Dan Quinto, Arcadia Development, presented a PowerPoint presentation updating the Council on the activities in the Home Town development. The presentation addressed current issues in the development, changes being made to the development's thoroughfare plan resulting from the new proposed elementary school, and the impact the proposed school will have on the development. Mr. Quinto also discussed with the Council home sales and future residential development, plans for commercial development and multi-family projects. Council questioned the impact the school would have on the TIF and the value of the lots and if there were plans to change any of the planned commercial to residential homes or the resídential to multi- family. Mr. Quinto assured the Council that he was committed to making the maximum use out of the residential lots and not converting any of the commercial land to residential. 3. IR 2004-025 Discuss Possible Dates for TIF #2 and Hometown Library Work Session The Council agreed that they were available to meet on either April 19 or 20. The City Manager was asked to confirm which two days were best for Staff, to set the date accordingly and send out notification of the date to the Council. 4. Executive Session Mayor Trevino announced at 6:08 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) Consultation with Attorney to Consider Possible Litigation as Authorized by §551.071 - Charter Communications b) Deliberation Regarding Economic Development as Authorized by §551.087 - South Grapevine Highway Corridor Area c) Deliberation Regarding Real Property as Authorized by §551.072 - Mid Cities Area Adiournment Mayor Trevino announced at 6:47 p.m. that the Council would adjourn to the regular Council meeting. City Council Minutes March 11, 2004 Page 3 REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order March 11, 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 Tem Councilman Councilman Councilman Councilwoman Councilman Councilman Staff: Larry J. Cunningham Richard Torres Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Councilwoman Johnson gave the invocation. 3. PLEDGE OF ALLEGIANCE Councilwoman Johnson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS PROCLAMATION - RED CROSS MONTH City Council Minutes March 11, 2004 Page 4 Councilman Lewis presented Tammy Rice with a proclamation proclaiming March 2004 as American Red Cross Month. 5. CITIZENS PRESENTATION The following spoke during citizens presentation. Charles Cole, 6125 Riviera, voiced his concern with the cost for the repainting of the water tower. Herb Parsons, 7701 Turner Drive, spoke on behalf the following people: Gini Parson, 7701 Turner, 'Patricia Christopher, 6708 Tabor Street, VA Christopher, 6708 Tabor Street, Suzette Christopher, 4800 Holiday Lane, Nancy Bielik, 8009 Standley, Jo Cox, 7801 Redwood Court, Norma Lewis, 7721 Briarcliff Court and Roy Scull, 7721 Briarcliff Court and Patricia Scully 7721 Briarcliff Court. Mr. Parsons discussed his concerns with the manner in which City Council conducts citizens presentation, possible charter revisions and open meetings act. Mayor Trevino asked City Manager Larry Cunningham to have the city attorney respond to Mr. Parsons presentation. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE FEBRUARY 23, 2004 COUNCIL MEETING B. PS 2004-01 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICHLAND HILLS TO APPROVE THE FINAL PLAT OF LOT 11R, BLOCK 3 J. L. AUTREY ADDITION (LOCATED AT 4001 RUFE SNOW -1.987 ACRES) C. PS 2004-08 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICHLAND HILLS TO APPROVE THE FINAL PLAT OF LOTS 1 & 2, BLOCK 1 BROWN PARK ADDITION (LOCATED IN THE 8200 BLOCK OF SHADYWOOD LANE - 7.010 ACRES) City Council Minutes March 11 2004 Page 5 D. PU 2004-015 AWARD BID FOR TRAFFIC MATERIALS SUPPLY CONTRACT TO ROCAL, INC. AND ROADRUNNER TRAFFIC SUPPLY - RESOLUTION NO. 2004- 017 E. PU 2004-016 AUTHORIZE CONTRACT EXTENSION WITH VMC LANDSCAPE SERVICES FOR THE RIGHTS-OF-WAY CONTRACT MOWING - RESOLUTION NO. 2004-018 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 7-0. 8. PS 2004-03 PUBLIC HEARING TO CONSIDER A REQUEST FROM FOUNTAIN RIDGE, LTD. TO APPROVE THE FINAL PLAT OF LOTS 1 RAND 2R, BLOCK 3 FOUNTAIN RIDGE (LOCATED IN THE 5900 BLOCK OF DAVIS BOULEVARD .354 ACRES) APPROVED Mayor Trevino opened the public hearing. Mr. Jackie Fluitt, 3950 Fossil Creek Boulevard, advised council he represented applicant. Mr. Fluitt was available to answer council questions. Zoning Administrator Dave Green advised the purpose of the re-plat is to adjust the alignment of Creek View Drive intersection with Davis Boulevard. The Planning and Zoning Commission met and recommended approval of the final plat. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN METTS MOVED TO APPROVE PS 2004-03. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 7-0. City Council Minutes March 11, 2004 Page 6 9. PZ 2000-36R1 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TODAY REAL TV ADVISORS, INC. FOR A REVISION TO THE APPROVED "PD" PLANNED DEVELOPMENT DISTRICT TO INCLUDE A "TRADE OR BUSINESS SCHOOL" AS A PERMITTED USE (LOCATED AT 6311-6361 GRAPEVINE HWY- 42.090 ACRES) - ORDINANCE 2775 APPROVED Mayor Trevino opened the public hearing. Mr. David Scroggins, 10907 Lubbock Drive, Dallas, was available to answer council questions. Mr. Green advised applicant wishes to use the old Montgomery Ward building to relocate the A TI Training Center that is currently located in Hurst. The Planning and Zoning Commission and staff both recommend approval of request. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILWOMAN JOHNSON MOVED TO APPROVE ORDINANCE No. 2775. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 7-0. 10. PZ 2004-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SERVICE KING PAINT AND BODY L.P FOR A SPECIAL USE PERMIT (SUP) FOR AN AUTO ALARM, STEREO ELECTRONICS INSTALLATION AND/OR REPAIR (LOCATED AT 6920 N.E. LOOP 820 - .37 ACRES) - ORDINANCE 2777 APPROVED Mayor Trevino opened the public hearing. Mr. Pat Remington, 1000 Ballpark Way, representing Service King was available to answer council questions. Mr. Green advised applicant wishes to lease a portion of the existing vacant building to Pro Tech Electronics for the sale, installation, and/or repair of auto stereo, video, security and electronic equipment. Mr. Green reminded council they denied a previous request (PZ 2003-26) from applicant for C-2 Commercial, but that they indicated to City Council Minutes March 11, 2004 Page 7 applicant a request for Special Use Permit would be desirable. Planning and Zoning Commission recommends approval of request with the following stipulations: 1. Applicant should extend the proposed rear vegetative screen and irrigation for the entire length of the property where adjacent to residential uses. 2. The proposed 2 live oaks at the northwest corner of the site should be a minimum of 3" in caliper. 3. The landscape plan should note that all landscaping should be irrigated and that any vegetation that dies or is damaged will be replaced. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. MAYOR PRO TEM TOLBERT MOVED TO APPROVE PZ 2004..05 AND ORDINANCE No. 2777. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 7-0. 11. PZ 2004-02 PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE SUBDIVISION REGULATION REQUIREMENTS CONCERNING THE LOCATION OF ABOVE-GROUND UTILITY SERVICE APPURTENANCES IN RESIDENTIAL SUBDIVISIONS - ORDINANCE 2774 APPROVED Mayor Trevino opened the public hearing. Councilman Whitson left the meeting at 7:43 p.m. Mr. Green advised the Planning and Zoning Commission along with staff were asked to reassess the issue of utility services in new residential subdivisions with respect to above ground appurtenances. The Planning and Zoning Commission deliberations included: legal basis for controlling utility locations, transformer location and screening, Oncor accessibility, definition of reasonable access, developer costs, acceptable alternatives to rear lot locations and requirements for approval of non-rear lot locations. The Planning and Zoning Commission reaffirmed the requirement for utilities to be located in rear lot locations. The Commission does recommend that front yard locations be permitted in certain situations with commission approval and after meeting certain requirements. The following are highlights of the proposed ordinance: City Council Minutes March 11, 2004 Page 8 · All electrical, telecommunications and cable facilities shall be place underground in an easement at the rear of the lot · Electrical transformers must be accessible by a 7' wide dedicated Oncor utility easement that extends to the transformer from the street · Transformers shall not exceed 36" in height and be placed on a concrete pad not exceeding 18 square feet in area · Access to the transformers shall be through a 5' removable fence panel or gate · Property owners and city code officers will work together to make sure that the transformer and surrounding area is free from obstructions The Planning and Zoning Commission provided exceptions to rear lot locations which would be based on: · Environmental or technical reasons that prevent rear lot locations · Approval for locations other than rear lot must be presented and approve by the Planning and Zoning Commission at the preliminary plat stage of design The Planning and Zoning Commission also provided requirements for alternative front lot locations if they are approved by the commission. The requirements are: · Transformers shall be located a maximum of 5' from the front building line and located in a 10' wide utility easement that parallels the side property lines of two adjacent lots · Transformers shall be hinged for rear access. Access must be free from obstructions · Screening of the transformers on the front and side of the pad by a live vegetative screen is optional but recommended. Maintenance of any optional screening shall be the responsibility of adjacent property owners · If the transformer is located on a slope where retaining walls are required, the transformer shall be located on the lower level with the retaining wall "jogged" to provide adequate rear access for maintenance · Exceptions to these requirements must be resolved at the preliminary plat stage Mr. Green advised council, per their request, this ordinance does not affect previously approved plats. City Council Minutes March 11, 2004 Page 9 Mayor Trevino asked if there was anyone wishing to speak in favor of request to come forward. Ms. Marilyn Ackmann, Area Manager of Oncor, expressed her gratitude to the Planning and' Zoning Commission for allowing Oncor to comment and provide input for the ordinance. Ms. Ackmann introduced Oncor representatives Martin Moore and Marie Webb. Mayor Trevino asked if there was 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 ORDINANCE No. 2774. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 12. PZ 2003-28 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA HOLDINGS, INC. TO APPROVE A REVISED THOROUGHFARE PLAN FOR THE HOME TOWN NRH ADDITION LOCATED WEST OF GRAPEVINE HIGHWAY AND SOUTH OF MID-CITIES BOULEVARD - ORDINANCE NO. 2776 APPROVED Mayor Trevino opened the public hearing. Mr. Green advised applicant has been working with Birdville Independent School District for a new elementary school site. The site will be at a future intersection of two major streets (Parker and Bridge). The proposed site has necessitated a revision to the existing thoroughfare plan and preliminary plat. A traffic impact analysis was submitted to assess the proposed revisions, which has been reviewed by the Public Works Department. The Public Works Department recommends approval of the requested changes to the thoroughfare plan for the HomeTown NRH addition. The Planning and Zoning Commission met and recommend approval with the stipulation that no change be approved in the status of streets colored in orange (south and east of Parker) on applicants graphic. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2776 AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. , ~- -------------"~~~_.- City Councif Minutes March 11, 2004 Page 10 13. PS 2004-02 CONSIDERATION OF A REQUEST FROM CITY OF NORTH RICH LAND HILLS TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 FIRE DEPARTMENT ADDITION (LOCATED AT 7245 HIGHTOWER - 2.7561 ACRES) APPROVED Mr. Green advised the city desires to plat site for the purpose of constructing Fire Station NO.4. The Planning and Zoning Commission heard request and recommend approval of PS 2004-02 with the suggestion that the plat be renamed Lot 1, Block 1 Stan Gertz Addition to honor former Fire Chief Stan Gertz. Mr. Green advised staff's recommendation is to approve PS 2004-02 the final plat of Lot 1, Block 1 Fire Department Addition as recommended by the Planning and Zoning Commission with the renaming of the plat to be considered by the council appointed naming committee. COUNCILMAN METTS MOVED TO APPROVE PS 2004-02 AS RECOMMENDED BY STAFF. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 14. GN 2004-016 APPROVE ORDINANCE FOR DOMESTIC PREPAREDNESS- ORDINANCE NO. 2771 APPROVED Fire Chief Andy Jones advised council the city's previous ordinance that related to Emergency Management was outdated and did not meet state minimum recommendations. The ordinance before them tonight meets state guidelines set forth by the Texas Department of Public Safety Division of Emergency Management and staff is recommending approval of ordinance. MAYOR PRO TEM TOLBERT MOVED TO APPROVE ORDINANCE No. 2771. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. ----~-_._-~~--_..".._.,_.",.._."."~.._-_.."_._~ ._-----,.~----- City Council Minutes March 11, 2004 Page 11 15. GN 2004-017 APPROVE 2004 PREVENTATIVE STREET MAINTENANCE PROGRAM APPROVED Public Works Director Mike Curtis advised council a CIP Committee meeting was conducted February 27,2004, at which the Public Works department presented the 2004 Preventive Street Maintenance Program. The program consists of asphalt overlay (17 streets), slurry seal (32 streets), and crack seals (40 streets). The recommended list of streets includes two streets that were added to the program during the CIP Committee meeting. The two streets added were: Nancy Lane (Maplewood Avenue to Loop 820) new subgrade and asphalt pavement $119,000 Odell Street (Davis Boulevard to Smithfield Road) slurry seal $3,000 Mr. Curtis advised council the total estimated cost of the program being recommended is $829,855 and the City Council approved $710,855 in the 2003/2004 Capital Projects Budget. The increase in cost is the result of adding Nancy Lance. Therefore it will be necessary to revise the Capital Projects Budget. Mr. Curtis informed council there were sufficient funds available in the permanent street maintenance fund to cover the additional cost. Mayor Trevino recognized Councilman Welch who chairs the CIP committee. Councilman Welch recognized Mayor Pro Tem Tolbert who is vice-chair and Councilwoman Johnson who is a member. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2004-017. COUNCILMAN WELCH SECONDED THE MOTION. Motion to approve carried 6-0. 16. PU 2004-011 RECOMMENDATION OF THE PARKS AND RECREATION ADVISORY BOARD REGARDING CHANGE ORDER #1 TO THE CONSTRUCTION CONTRACT WITH DEAN CONSTRUCTION FOR LIBERTY PARK AND TOMMY AND SUE BROWN PARK IN THE AMOUNT OF $151,132 AND AMEND THE FY 03/04 CIP BUDGET (COUNCIL CONTINUED ITEM AT THEIR 2/9/04 MEETING) APPROVED City Council Minutes March 11, 2004 Page 12 Mr. Bill Thornton, Assistant Park and Recreation Director, summarized item for council. Mr. Thornton advised council this item was continued at their February 9 meeting to allow staff time to acquire information regarding grant funds and acquisition of land at Little Bear Creek. The council also asked the Park and Recreation Board to review the alternates that were included with the competitive sealed proposals and forward their recommendation to the council. The Park and Recreation Board reviewed alternates and suggest the following alternatives and recommend that council approve change order no. 1 in the amount of $151,132 to the construction contract with Dean Construction and appropriately amend the CIP budget. Liberty Park · Alternate 1 pre-fabricated bridge · Alternate 2 flag poles $37,000 $24,600 · Alternate 3 stone veneer on culvert wall $10,500 · Alternate 4 stone masonry arbor colÙmn bases $11,300 · Alternate 5 additional small playground equipment piece $20,200 Tommy & Sue Brown Park · Alternate 1 pre-fabricated bridge $36,000 · Alternate 2 additional concrete sidewalks $16,000 · Alternate 3 additional planting around public art $3,000 · Alternate 4 additional small playground equipment piece $22,000 COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2004-011. COUNCILMAN LEWIS SECONDED THE MOTION. Motion to approve carried 5-1; Councilwoman Johnson, Councilmen Lewis, Turnage, Metts and Welch voting for and Mayor Pro Tem Turnage voting against. 17. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA Executive Item 4a - Consultation with Attorney to Consider Possible Litigation _ Charter Communications City Council Minutes March 11, 2004 Page 13 Assistant to City Manager Paulette Hartman advised Council was being requested to approve a resolution authorizing participation in the Coalition of Cities to initiate a formal hearing process regarding the assessment of liquidated damages against Charter Communications. MAYOR PRO TEM TOLBERT MOVED TO APPROVE RESOLUTION No. 2004-019, AUTHORIZING THE CITY'S PARTICIPATING IN THE COAUTlON OF CITIES TO INITIATE A FORMAL HEARING PROCESS AGAINST CHARTER COMMUNICATIONS. COUNCILMAN METTS SECONDED THE MOTION. Motion to approve carried 6-0. Councilwoman Johnson left meeting at 8:20 p.m. 18. INFORMATION AND REPORTS Councilman Turnage made the following announcements. Join us for the Senior Springfest and Health Expo at the Dan Echols Senior Center. There will be educational seminars, a fashion show and entertainment. Local organizations and health agencies will be present with free health screenings and information. The Expo will be on Saturday, March 20, from 9:00 a.m.-3:00 p.m. The Dan Echols Senior Center is located at 6801 Glenview. Register now for Spring Day Camp at the Recreation Center. The camp will be from April 5-9. Youth will have a great place to have fun while on vacation from school. Call the Recreation Center for more details. The Lotta Night Music Concert Series will begin its fourth year in April. This annual event is a fun way for the family to enjoy good music, spend time outdoors, and do it all for free! The first concert will be The Duffin Family, which will play bluegrass and gospel. The concert begins at 7pm at Green Valley Park. Call the Recreation Center for more information. March 13 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner - Every Council Meeting an employee is recognized for their efforts and hard work. .,__ '____n_____~__-__............_ City Council Minutes March 11, 2004 Page 14 Sgt. Neal Maranto, Police Department - An email was received from a NRH resident expressing appreciation to Maranto for his assistance when the resident experienced a flat tire returning home late one evening. His presence was a blessing and his professionalism and conduct was of the highest caliber. 19. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:22 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary ~ CITY OF NORTH RICHLAND HILLS "-- Department: Finance Counoil Meeting Date: 3-22-03 Subject: Authorize the Publication of Notice of Intent to Issue Certificates of Obligation, Resolution No. 2004-020 Agenda Number:GN 2004-018 In a February 24th Information Report and Pre-Council presentation, staff provided Council with the calendar of events leading up to the sale on April 26, 2004 of General Obligation bonds (G.O.'s) and Certificates of Obligation (c.O.'s). In that report staff recommended G.O. bonds in the amount of $4,935,000 and C.O.'s in the amount of $685,000. As part of the legal requirements for the planned issuance of Certificates of Obligation, the City Council must authorize the City Secretary to publish by March 28, 2004 a notice in a newspaper of general circulation of the· intent of the City to issue Certificates of Obligation in an amount not to exceed $685,000. $560,000 will be issued for the repair and repainting of the Booth Calloway Water Storage Tank, and $125,000 will be issued for the construction of a pavilion at Iron Horse Golf Course. Debt service principal and interest will be paid from revenues generated by the Water and Sewer Fund $nd the Golf Course Fund respectively. The notice must be published once a week for two consecutive weeks. The first publication date shall be at least (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates of Obligation. The notice of intention is attached and labeled Exhibit A. "- In the last few days the market has been favorable for the possible refunding of outstanding North Richland Hills' bond issues. A refunding (or refinancing) would take advantage of lower interest rates to save interest expense on existing bond issues. If market conditions remain favorable through the time of the bönd sale on April 26th, a refunding will be included with the sale of the 2004 bonds. Staff will keep the Mayor and Council apprised of the status of the refunding. The only action recommended for the March 22nd meeting is the resolution authorizing the publication of notice of intent to issue Certificates of Obligation in an amount not to exceed $685,000. Recommendation: Pass Resolution No. 2004-020 authorizing the City Secretary to publish the intent to issue Certificates of Obligation. Finance Review =i~::~~~ - 'w Source of Funds: Bonds (GO/Rev.) Operating Budget Other '- Page 1 of _ RESOLUTION NO. 2004-020 A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) improvements to the City's water storage facilities, (ii) the construction of improvements at the Iron Horse Golf Course, and (iii) professional services rendered in relation to such projects and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 P.M. on the 26th day of April, 2004, which certificates of obligation shall be issued in a principal amount not to exceed $685,000 for the purpose of paying contractual obligations to be incurred for (i) improvements to the City's water storage facilities, (ii) the construction of improvements at the Iron Horse Golf Course, and (iii) professional services rendered in relation to such projects and the financing thereof, and shall be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's combined Waterworks and Sewer System (the "System") remaining after payment of operating and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined in said ordinance). The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. - SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T. C.A. , Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this March 22, 2004. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO FORM AND LEGALITY: Attorney for the City APPROVED AS TO CONTENT: , Director of Finance 2 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:00 o'clock P.M. on the 26th day of April, 2004, at the City Hall, 7301 N.E. Loop 820, North Richland Hills, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $685,000 for the purpose of paying contractual obligations to be incurred for (i) improvements to the City's water storage facilities, (ii) the construction of improvements at the Iron Horse Golf Course, and (iii) professional services rendered in relation to such projects and the financing thereof; such certificates to be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's combined Waterworks and Sewer System (the "System") remaining after payment of operating and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined in said ordinance). The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Patricia Hutson City Secretary City of North Richland Hills, Texas City of North Richland Hills 2004 Rating Presentation Project Descriptions.. 2004 Certificates of Obligation Sale UTILITY PROJECT Map Proiect # 13 BOOTH CALLOWAY STORAGE TANK $560,000 This project will consist of the repainting and rehabilitation of the existing 2-million- gallon ground storage tank located at Conn Drive and B h Calloway Road. The repainting portion of the project will consist of repainting th ior and exterior of the storage tank. The rehabilitation portion of the project will consist of making repairs to the booster pump station and structural repairs to the tank. The tank has not been painted in approximately 20 years. Water tanks, in need to be painted every 12 to 15 years. The existing paint is in such poo that the Public Works Department is concerned that the Texas Commission on mental Quality (TCEQ) inspectors may not approve the tank during the next inspection of the City's water system. Total project costs b at $560,000. The ned 2004 Certificate of Obligation sale will cove ,000 and costs and $500,000 in repainting and rehabilitation costs. The certifica principal and interest will be repaid with utility fund revenues. City of North Richland Hills 2004 Rating Presentation Project Descriptions - 2004 Certificates of Obligation Sale GOLF COURSE PROJECT Map Proiect # 14 GOLF COURSE PAVILION $125,000 The pavilion at Iron Horse Golf Course (Iron Horse) will on the current slab west of the clubhouse. The pavilion will seat an estimated pIe and will be a three- season pavilion used to accommod and tournaments along with large parties and wedding receptions. , Iron Horse will be allowed to accommodate two or more events at one time. Presently, Iron Horse is unable to accommodate catering and food needs perly when events exceed the present 100- person seating capacity. In fiscal year 3, Iron unable to accommodate several tournaments due to limited clubhouse space res st revenues in excess of $70,000. The addition of the pavilion will allow Iron to attract larger group events at a higher per person fee. The pav nded with the proceeds of the 2004 Certificate of Obligation issue of $1 will be repaid with golf course revenues. -.'-' CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 3/22/2004 - Subject: Authorize Contract Extension for Uniform Cleanina Agenda Number: PU 2004-017 Services to Dry Clean Super Center cleaners- Resolution No. 2004-021 In the 2003/2004 approved budget, Council appropriated funds for uniform cleaning, alteration and repair services for various departments. At the March 25, 2002 meeting Council awarded this contract to Dry Clean Super Center Cleaners (PU 2002-006) and at the March 13,2003 meeting (PU 2003-014) the contract was extended for an additional year. An analysis was performed and it was determined they provided the most cost- effective bid for the City. Dry Clean Super Center Cleaners has offered to extend the contract an additional year at the 2002 bid prices. The specifications and contract contain a condition that the contract can be extended for two additional one-year terms providing the company has provided good service and met all the requirements of the contract. The contract will be bid next year. Dry Clean Super Center has provided excellent service this past year. They provide quick service when leaving or picking up cleaning, drive-through service, and "in by 9 out by 5" same day cleaning. All these services are very beneficial and important for departments that utilize the contract, particularly the Police Department. Recommendation: To approve Resolution No. 2004-021 Finance Review Budget Director Source of Funds: Bonds (GO/Rev.) Operating Budget Other CØ"!to,..".,. ... _# oil ; ',,-- ',-- '--- CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 3/22/04 Subject: Presentation of Fiscal Year 2003 Audited Financial Report Agenda Number: GN 2004-019 The results of the fiscal year 2003 Annual Financial Report for the City will be jointly presented by Director of Finance, Larry Koonce and a representative of the independent audit firm of Deloitte and Touche. Larry Koonce will review the year-end results and fund balance data for the various Funds (General, Enterprise, etc.) as well as other financial impacts. Deloitte and Touche will present the audit opinion and be available to respond to questions regarding the report. The auditor's opinion is again an unqualified opinion or a "clean" opinion. This means that they have found the Financial Statements of the City of North Richland Hills to present fairly our financial position. Included in the Council packet is a copy of the financial report and attached to the cover sheet is a summary of the various City Funds showing the results of the changes in balances from 2002 to 2003. As of September 30,2003, the General Fund undesignated balance was $6,403,250. In fiscal year 2003, $3,000,000 of the General Fund balance continues to be designated for economic development. City Council's goal is to have at least 60 days of operations in undesignated reserve. This ending balance represents 75 days of FY 2004 General Fund budgeted operating expend itu res. The Crime Control District and Parks and Recreation Facilities Development Fund realized much lower than expected sales tax revenues. The Parks and Recreation Facilities Development Fund made $2.1 million in budgeted capital expenditures for Parks in fiscal year 2003. The Crime Control District Fund had a budgeted loan from the transition fund in fiscal year 2003. The Insurance Fund, which finished the year with $297,755 in cash, drew down $2,276,393 in cash balances during the year. This was due to higher than expected medical claims experienced during the year as well as payments of old claims that had not been paid by the City's former third party administrator. These circumstances were communicated to Council and included in the 2003 revised budget. Changes to the Health Plan in 2003 and 2004 have helped to stabilize costs to the City for health benefits. A status report will be provided by management and staff in the near future. The Golf Course Fund had a net decrease in cash of $98,345 in fiscal year 2003. The fund ended the year with $690,470 in cash. The Equipment Services Fund had a planned drawdown of cash reserves for equipment replacement of $67,301. The City replaced $1,112,375 in equipment with cash in fiscal year 2003. Cash reserves for the replacement of City equipment was $1,715,137 at year end. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Director Page 1 of ..L ( ',,-- "- "'-. CITY OF NORTH RICHLAND HILLS The Information Services Fund which made $989,495 in Information Services capital improvements in fiscal year 2003, ended the year with $1,256,215 in cash reserves for computer and telecommunications replacement. This was a reduction in the reserve balance of $484,410. The Water and Sewer Fund increased cash balances by $617,656 for the year. The fund used cash in the amount of $2,517,890 for system improvements and acquisition of capital assets during the year. The Aquatic Park Fund had a net increase in cash of $1,567,918. This increase included proceeds from certificates of obligation for the new attraction at the park. In addition, cash in the amount of $795,948 was used for other infrastructure maintenance and improvements to NRH20. All funds ended the year with positive cash balances. Overall, the City of North Richland Hills' results of operations during the 2003 fiscal year, as well as the financial position at year-end reflect a sound fiscal condition. This is in fulfillment of Council Goal 4: Financially Responsible City Government. RECOMMENDATION: To accept the 2003 fiscal year Audited Financial Report as presented. CITY COUNCIL ACTION ITEM Page 2 of 2 "._~.__~_~_~n__..~_·_~__·_·'·····"""_··N"_O'~"'~' FUND SUMMARY Actual FY 2003 Fund FY 2002 Balance FY 2003 Balance Chanqe 2002 to 2003 General Fund lundesiqnated\ $ 5,742,689 $ 6,403,250 $ 660,561 Promotional Fund $ 255,084 $ 250,508 $ 14,576\ Donations Fund $ 675,002 $ 714,510 $ 39,508 Speclallnvestiqation Fund Cash $ 349,503 $ 333,124 $ 116,3791 Drainage Utilitv Fund $ 230,650 $ 209,139 $ 121,511' Park Development Fund Reserved for Park Capital Projects $ 6,963,131 $ 6,866,927 $ 196,204' Crime Control District Fund $ 4,190,802 $ 3,440,891 $ (749,911 General Debt Service Fund $ 1,744,579 $ 1,830,454 $ 85,875 Water & Sewer Fund Operating, Construction, Rate Stabilization Debt Reserve and other Cash Balances $ 13,887,550 $ 14,505,206 $ 617,656 Golf Course Fund Operating and Debt Service Cash Balances $ 788,815 $ 690,470 $ (98,3451 Aquatic Park: Cash Reserved for Infrastructure Maintenance & Operations $ 1,521,062 $ 1.429,816 $ (91,246\ Cash Reserved for Master Plan Imorovements $ 337,749 $ 287,749 $ (50.000 Cash Reserved for Park Insurance $ 475,000 $ 550,000 $ 75,000 Cash Reserved for Debt Service $ 188,574 $ 288.843 $ 100,269 Construction Fund (includes balance of $2.250.000 proceeds from C.O,s for Multi-Level Interactive Complex sold in 20031 $ 393,100 $ 1,926,995 $ 1,533,895 Aquatic Park Cash from Operations Reserved for Infrastructure Maintenance, Debt Service, Insurance Liability & Construction in Proqress $ 2,915,485 $ 4,483,403 $ 1,567,918 Building Services Cash Reserved for City Facility Upkeep $ 1,148,539 $ 1,210,205 $ 61,666 Equipment Services Cash Reserved for the ReDlacement of Cltv EqulDment $ 1 782 438 $ 1 715137 $ (67,301\ Insurance Fund Cash Reserved for Administration, Claims & Premiums $ 2574148 $ 297 755 $ /2 276 393\ Information Services Fund Cash Reserved for Equipment ReDlacement $ 1 740625 $ 1 256215 $ 14844101 2004 Fund Balance Summwy Adual 2003 I CITY OF NOR·TH RICHLAND HILLS ~ , .'-...- Department: Public Works Council Meeting Date: 3/22/04 Subject: Approve City/Developer AQreement with MEGA Life and Agenda Number: Health Insurance Company (UICI) for a Traffic Signal at the Intersection of Mid-Cities Boulevard and Simmons Drive and Revise the 2003/04 Capital Projects Budget - Resolution No. 2004-022 GN 2004-020 Representatives of the MEGA Life and Health Insurance Company (UICI) recently met with City staff to request the construction of a traffic signal at the intersection of Mid-Cities Boulevard and Simmons Drive. UICI is concerned for the safety of their employees who will utilize Simmons Drive to access Mid-Cities Boulevard. It was explained to UICI that although a traffic signal would probably be warranted at the location, currently there was no budget for the warrant study, design, or construction of the signal light. UICI understood and volunteered to fund the project (estimated to be $113,000) if the City would administer the design and construction. A City/Developer Agreement was prepared by the City Attorney, which outlines the responsibilities of each party. The agreement was reviewed by UICI, signed and a check for the estimated cost of the project ($113,000) has been received. Recommendation: To approve Resolution No. 2004-022 and revise the 2003/04 Capital Projects Budget. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds A:vallaDle Finance Director \. ~- Budget Director }L,W~Q-t; ~ Department ea ignature· Page 1 of _ RESOLUTION NO. 2004-022 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager is hereby authorized to execute the attached City/Developer Agreement with MEGA Life and Health Insurance Company (UICI) for a Traffic Signal installation at the intersection of Mid-Cities Boulevard and Simmons Drive as the act and deed of the City. PASSED AND APPROVED this the 22th day of March, 2004. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: ~N C-i:; il<e urtlS, P.E., Public Works Director --~--~-~----'- ----,,~--'"'>._.<~-,,----'~ Street & Sidewalk Capital Projects Traffic Signal Installation (Mid Cities at Simmons) Project number will be assigned upon Council approval PROJECT DESCRIPTION & JUSTIFICATION This project will consist of installing a new traffic signal at the intersection of Mid-Cities Boulevard and Simmons Drive. The traffic signal will be constructed to the City's new standards and will include black poles with the backlit street signs. The need for this project is warranted by the recent expansion of UICI. Several hundred additional vehicles will be exiting and entering UICI off of Simmons Drive due to the expansion. UICI agreed to pay 100% of the cost of the traffic light. PROJECT STATUS Original Start Date 2003/2004 Revision Original End Date 2003/2004 Revision Engineering/Design Land/ROW Acquisition Construction 04/2004 OS/2004 07/2004 10/2004 REVISION EXPLANATION This project was not included in the adopted 2003/04 CIP Budget. Therefore this revision is necessary for Public Works to gain legal expenditure authority in this fiscal year. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: n/a $0 $0 $0 $0 $0 Proposed Funding Revision: Local Business Contributions (UICI) 0 0 113,000 0 113.000 Total $0 $0 $113,000 $0 $113.000 Project Expenditures Engineering $0 $0 $10,000 $0 $10,000 Land/Right-of-Way 0 0 0 0 0 Construction 0 0 93,000 10,000 103,000 Other 0 0 0 0 0 Total $0 $0 $103,000 $10,000 $113,000 IMPACT ON OPERATING BUDGET Nominal maintenance costs for the first 10 to 15 years upon completion of the project. Annual Operating Impact Pro'ected -,...__._.._._^._.--~---_._-.__.~'_'~'"~-<-~'-------'~'-.-......-- CITY - DEVELOPER AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § This Agreement is made and entered into by and between the City of North Richland Hills, (hereinafter "City"), a municipal corporation of Tarrant County, Texas 76118, and The MEGA Life and Health Insurance Company, an Oklahoma domiciled life and health insurance company (hereinafter "Developer"), with offices at 9151 Grapevine Highway, P.O. Box 982010, North Richland Hills, Tarrant County, Texas 76182-8010. The purpose of this agreement is to document the terms and conditions under which the City will study, design and construct a traffic signal at the intersection of Simmons Drive and Mid-Cities Boulevard at the expense of Developer. WHEREAS, by plat denoted UICI Drive Addition, approved on September 28, 2003 by the City Council of the City, Developer was permitted to develop the site described thereon in accordance with such plat; and WHEREAS, such plat requires construction on the property legally described as UICI Addition, of a public street which connects the UICI campus with Simmons Drive; and WHEREAS, Developer has completed the construction of the street (UICI Drive) and has subsequently requested that a traffic signal be constructed at the intersection of Simmons Drive and Mid-Cities Boulevard (the "Traffic Signal"); and WHEREAS, Developer has requested that the signal be constructed as quickly as possible and the City concurs with the desirability of having a signal constructed; NOW, THEREFORE, WITNESSETH For and in consideration of the mutual covenants herein set forth, the parties hereto agree as follows: 1. Developer agrees to pay the costs of warrant studies, design and construction required for the location of a traffic signal at the intersection of Simmons Drive and Mid-Cities Boulevard. Developer agrees to pay One Hundred Thirteen Thousand Dollars ($113,000.00), the estimated costs, to City upon execution of this agreement, and if the total costs exceed such estimate, to pay all additional costs as incurred and billed, subject to the prior written consent of the Developer, which consent shall not be unreasonably withheld. DEVELOPERS AGREEMENT - Mega Life & Health Ins. Co. - Traffic Signal GICorpLegaNLStewartlAgreements. Working\200413-5-04 MEGA Traffic Signal (JLS) FINALdoc Page I -'·_^··__~~~_____æ______ 2. Upon receipt of funds from Developer, City agrees to study, design and construct the Traffic Signal contemplated by Paragraph 1. of this Agreement. Upon completion, if costs are less than $113,000.00, City agrees to refund the difference to Developer within ten (10) days of completion of installation and construction of the Traffic Signal. 3. City agrees to assume ownership of the Traffic Signal and to be responsible for its maintenance upon completion of construction and expiration of maintenance provisions of any contract it may execute for the construction of the Traffic Signal. This Agreement was approved in its entirety at the meeting of the City Council of the City of North Richland Hills on the _ day of , 2004, by a majority vote of the Council. By: Phillip J. Myhra, ALTHINSURANCE THE MEGA LIFE AND COMPA CITY OF NORTH RICHLAND HILLS, TEXAS By: Larry J. Cunningham, City Manager ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Ii/Vi I ç -r.-.- mike Curtis, P. ., Public Works DIrector APPROVED BY LEGAL DEPT. DATE VVtJz INITIALS DEVELOPERS AGREEMENT - Mega Life & Health Ins. Co. - Traffic Signal GICorpLegal\JLStewartlAgreements - Working\200413-5-04 MEGA Traffic Signal (lLS) FINAL.doc Page 2 i' ~~ , CITY OF NORTH RICHLAND HILLS , '-- Department: BudQet & Research Council Meeting Date: 3/22/2004 Subject: Adjustment of Fee for Collection of Delinquent Ad Valorem Agenda Number: GN 2004-021 Taxes and Amendment of Tax Attorney Contract Linebarger, Goggan, Blair, & Sampson, LLP (formerly Blair, Goggan, Sampson, & Meeks) ("tax attorney") has been collecting delinquent property taxes for the City of North Richland Hills since December, 1994. Since contract inception and in accordance with State law and local ordinance, the tax attorney has collected an additional penalty ("attorney fee") equal to 15% of the delinquent tax amount. Delinquent taxpayers are responsible for payment of the attorney fee and the City pays no additional fees for service. The Texas Legislature acted in 2001 to allow a 5% increase to the attorney fee (from 15% to 20%). However, the increase does not automatically apply to all jurisdictions that the tax attorney serves. Each local taxing jurisdiction has the right to establish its own rate. As stated above, the City of North Richland Hills currently allows the tax attorney to collect a fee equal to 15% of delinquent collections. In order to increase the amount to 20%, a revision to our existing contract with the tax attorney must be adopted (the proposed amendment is attached). The attorney fee increase will have no financial impact on the City. ',- The tax attorney and Tarrant County have both requested that we consider the fee increase. They cited two reasons for the change: 1) to simplify administrative duties for the County and tax attorney, and 2) to cover additional increased business/operating costs by the tax attorney. For 24 years the fee has been legally capped at 15%. The County recently performed research that showed the tax attorney fees increased 8% over the past ten years, while the costs and expenditures for collections had increased by almost 150%. The tax attornêy bears all collection costs. Tarrant County has approved the 20% penalty/attorney fee. Staff has continually evaluated the tax attorney's performance and is pleased with their efforts. Collections, including. penalty & interest, over the last 5 years equaled approximately $1 million dollars. Additionally, relatively few residents and/or businesses are subject to the attorney fee. The City typically has a 98%-99% collection rate for ad valorem taxes. There are approximately 22,000 ad valorem tax accounts within the City; therefore, only 200 to 400 accounts may be impacted by the fee increase annually. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle '--- Finance Director "- '- '-I CITY OF NORTH RICHLAND HILLS Attached are letters submitted by the tax attorney and the Tarrant County Tax Office requesting our adoption of the fee increase. These letters provide much of the same information contained herein, but they also provide some additional helpful information. Recommendation To approve the delinquent tax collections fee adjustment for tax years 2003 and beyond and to amend the City's existing contract with the Linebarger, Goggan, Blair, & Sampson, LLP accordingly. CITY COUNCIL ACTION ITEM Page_of _ STATE OF TEXAS § COUNTY OF TARRANT § AMENDMENT NO.1 TO THE CONTRACT BETWEEN CITY OF NORTH RICHLAND HILLS AND LINEBARGER GOGGAN BLAIR & SAMPSON, LLP WHEREAS, on December 12, 1994, City of North Richland Hills hereinafter ("City") approved a Contract with the law firm of Blair, Goggan, Sampson, & Meeks (now known as Linebarger Goggan Blair & Sampson, LLP and hereinafter "FIRM"), under which Contract a fifteen (15%) percent commission on the taxes, penalty and interest collected is provided as compensation for the FIRM; and WHEREAS, the Texas State Legislature has found and declared, by its enactment of TEX. TAX CODE § 6.30( c), that a twenty (20%) commission on the taxes, penalty and interest collected is a reasonable fee for delinquent tax collection services of a private attorney; and WHEREAS, TEX. TAX CODE §§ 33.07 and 33.08 were amended by the Seventy Seventh Legislature, by Act of May 17, 2001, to provide that certain taxes, in order to defray the costs of collection, may incur an additional penalty equal to the compensation specified in the contract with private counsel; and WHEREAS, the source of the funds for private counsel's compensation is the additional penalty paid by the delinquent taxpayer, rather than the public treasury; NOW THEREFORE, for and in consideration of the recitals shown above, of the FIRM'S increased costs of doing business, and of enhanced services by the FIRM that will result from the devotion of additional technological and human resources toward collection of delinquent taxes, the Contract, by execution of this Amendment No.1, is amended hereby as set forth below. I. THE AMENDMENT The following italicized language is hereby substituted for Section Paragraph 2 of the Contract: City of North Richland Hills agrees to pay to FIRM as compensationfor services required herein the following amounts: (a) fifteen (15%) of the amount collected of all 2002 and prior year delinquent taxes, 1 ~__,_.._,_.~.,.~",__.,__>..~_n",~~~_"_"_'_'_''''""__~_____.m..__,h~^"~'~"""_~".~.'·_'_·M_...~~_,~_______~C_._-~-----...- penalty and interest that are subject to the terms of this contract, actually collected and paid to the collector of taxes during the term of this contract, as and when collected; and (b) twenty percent (20%) of the amount collected of all 2003 and subsequent year delinquent taxes, penalty and interest that are subject to the terms of this contract, actually collected and paid to the collector of taxes during the term of this contract, as and when collected. All compensation above provided for shall become the property of the FIRM at the time payment of taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. II. EFFECT OF THE AMENDMENT By execution of this Amendment No.1, the Contract is amended. No other sections, provisions, clauses or conditions of the Contract are waived or changed hereby, and they shall all remain in full force and effect throughout the term of the Contract and any duly authorized extensions. IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of City of North Richland Hills and of Linebarger Goggan Blair & Sampson, LLP do hereby agree and append this Amendment No.1 to the Contract dated December 12, 1994. EXECUTED THIS the 22nd day of March ,2004. CITY OF NORTH RICHLAND HILLS LINEBARGER GOGGAN BLAIR & SAMPSON, LLP Approved: Oscar Trevino, Mayor By: Stephen T. Meeks, Partner Attest: Patricia Hutson, City Secretary Approved as to Form and Legality: George Staples, Attorney for City 2 LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ArrOR.'l/EYS AT LAW Oil & Gas Bldg., Suite 1300 309 W. 7th Street Fort Worth, Texas 76102-5113 (817) 877-4589 FAX (817) 877-0601 March 8, 2004 Ms. Margaret Ragus City of North Richland Hills P.O. Box 82069 North Richland Hills, TX 76182 Ms. Karen Bostic, Managing Director of Administration City of North Richland Hills P.O. Box 82069 North Richland Hills, TX 76182 Re: Additional Collection Penalty for Delinquent Tax Collections Dear Ms. Ragus and Ms. Bostic: I appreciate the opportunity to present infonnation to the City of North Richland Hills in regard to increasing the §33.07 additional penalty ("attorney fees") for delinquent tax collections from 15% to 20%. The Texas Legislature acted in 2001 to allow this increase. Tarrant County unanimously voted to increase the additional penalty rate to 20% on February 3, 2004. This provision was discussed in the letter you recently received from Betsy Price, Tarrant County Tax Assessor Collector. Tarrant County's decision to increase the additional penalty does not automatically apply to the jurisdictions for which they collect taxes and each entity has the right to address this issue and establish their own rate. Weare hopeful that City of North Richland Hills will also authorize this same rate change in the near future. This additional collection penalty is paid by the delinquent taxpayer, not City of North Richland Hills, and is to defray the cost of delinquent tax collections that are borne entirely by our law finn. This increase would have no financial impact on City of North Richland Hills. Please also note that this increase would be prospective only and would not affect delinquent accounts for 2002 and prior years. The additional 15% penalty has been in effect at the same rate for over 24 years. The increase to 20% was recognized as a "cost of living" increase by the State Legislature to reflect the enonnous increase. in costs to maintain successful collection programs. Many of the costs of personnel, postage, telephone, rent, computer support, and other program aspects have tripled over the past two decades. Austin . Beawnont . Brownsville . Chicago (IL) . Conroe . Corpus Christi . Corsicana . Dallas Edinburg . EI Paso. Fort Worth. Harrisburg (PA) . Houston. Jacksonville (FL) . Longview . Los Angeles (CA) . Lufkin. New Orleans (LA) Odessa. COIWl1bus (OH) . Philadelphia (PA) . San Angelo. San Antonio. The Woodlands. Tyler. Victoria. Waco ... .,..<..~.._---."----~.. ." If City of North Richland Hills adopts the increase, it will require passing a new 33.07 Resolution and an amendment to our delinquent tax contract. The 33.07 Pass-Through Notice, mailed to delinquent taxpayers in May, will be modified by Tarrant County to notify delinquent taxpayers of the increase. I have enclosed a proposed 33.07 Resolution, a proposed Contract Amendment, a bullet analysis of the 20% penalty, and a current list of our 20% clients. We consider it an honor to represent City of North Richland Hills and appreciate your consideration of this matter. Please feel free to contact me regarding this matter. I look forward to addressing the Council and answering any questions. Sincerely, ~~ STM/ gs Enclosures cc: Betsy Price, Tarrant County Tax Assessor/Collector Austin . Beawnont . Brownsville . Chicago (IL) . Conroe . Corpus Christi . Corsicana . Dallas Edinburg . EI Paso. Fort Worth · Harrisburg (PA) . Houston. Jacksonville (FL) . Longview . Los Angeles (CA) . Lufkin . New Orleans (LA) Odessa · Columbus (OH) . Philadelphia (PA) . San Angelo. San Antonio. The Woodlands. Tyler. Victoria. Waco TARRANT COUNTY TAX OFFICE BETSY PRICE Tax Assessor-Collector ~.. . 100 E. Weatherford. Room 10S . Fort Worth, Texas 76196-0301 . 817-884-1100 taxoffice@tarrantcounty.com February 27, 2004 Ms Margaret Ragus City of North Richland Hills PO Box 82069 North RichIand Hills TX 76182 Dear Margaret, This letter is to inform you of the recent decision of the Tarrant County Commissioner's Court to increase the additional penalty for the collection of delinquent taxes as allowed by State Law. The last Texas Legislature approved House Bill 490 that changed the allowable percent of the additional penalty for delinquent taxes referred for collections to be increased from I 5(~/;) to 20%. As you know, if and only if, the delinquent taxes arc collected. this penalty is borne by the delinquent taxpayer, not your jurisdiction, and is remitted to the delinquent tax law firm as the "attorney fee". Tarrant County has used Linebarger Goggan Blair & Sampson. LLP (Linebarger Goggan) since 1lJ82 for delinquent tax collections. My stafT and I reviewed material that indicated over the past ten years the County fees earned by Linebarger Goggan had increased 8 %, while the costs and expenditures for collections had increased by almost 150%.[The delinquent tax collection program is "cost free" to the taxing unit, as the law firm pays for all costs for delinquent collections. Aner our review, we recommended this "cost of living" adjustment to the Commissioners Court, as the state prescribed penalty amount had not changed in over twenty years. In addition, Linebarger Goggan has agreed to further enhance the collection services they provide by conducting additional mailings if needed, site visits and research on our behalf. .-J We at Tarrant County feel the increase was justified and deserved, and the Commissioner's Court unanimously voted on February 3rd to increase the rate to 20%. Additionally, the HEB ISO has approved this increase. This increase will be effective July 1, 2004 for tax year 2003 and subsequent years. Tarrant County wanted to make your taxing unit aware of the change, with the hope that your government will also consider the same change. From a customer service standpoint, I believe it will be less confusing if all consolidated jurisdictions adopt the same delinquency rate. It will be less confusing for taxpayers and tax office personnel if we remain consistent in our approach to delinquent taxes. Tarrant County's May notice to delinquent taxpayers is worded to inform delinquent taxpayers that on July I taxes that remain unpaid will be turned over to the delinquent law firm and an additional collection penalty up to 20% will be added. This notice will allow your taxing unit until April lOth to consider the change, and take board/council action if you so choose. This change will require a contract amendment to your existing contract with Linebarger Goggan. Again, this change will be at no cost to your taxing unit. Representatives of Linebarger Goggan will be contacting your office to discuss the potential change. I would be happy to answer any questions you may have or meet with you, or your board/council, if you should desire. Thank you for your attention to this issue. I would appreciate your keeping me informed of your intentions, so that we may make programming changes and prepare tax statements accordingly. Again, Tarrant County is please to provide collection services to your city/school district. We have worked hard to implement many cash processing and customer service enhancements this year that we feel have improved our overall collection process. I look forward to talking with you soon. Sincerely, ~~ Betsy Pnce Tax Assessor-Collector 2 CITY OF NORTH RICHLAND HILLS J Department: Public Works Council Meeting Date: 3/22/04 Subject: Appointment to Wholesale Water Customer Advisory Agenda Number: GN 2004-022 Committee and Wholesale Wastewater Customer Advisory Committee On April 28, 2003, Councilman Turnage was appointed the voting member and Mike Curtis was appointed to serve as alternate. Appointments to the Wholesale Water Customer Advisory Committee and Wholesale Wastewater Customer Advisory Committee serve fiscal year terms (beginning October 1 through September 30). The term Councilman Turnage fulfilled is now expired. At this time staff is requesting that council appoint a voting member and alternate to both committees with terms expiring September 30, 2004. RECOMMENDATION: To appoint a voting member and alternate to the Wholesale Water Customer Advisory Committee and Wholesale Wastewater Customer Advisory Committee. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds AvallaDle Finance Director ~Qþ~ DepartmentHea Signature Budget Director rJ:r4~ Page 1 of _ -:.. CITY OF NORTH RICHLAND HILLS Department: Support Services / Finance Council Meeting Date: 03/22/2004 Subject: Consideration and/or Action on Awardina Proposals for the Agenda Number: PU·2004-013 Construction of Fire Stations No. 1 & 4 to Harrison Quality Construction, Inc. In the 2002/03 approved CIP budget Council appropriated funds for the construction of two new fire stations. The proposed new fire stations, Station 1 (Starnes Road currently) and Station 4 (Dick Fisher Drive currently) were recommended in a 2001 Fire Service Study. Competitive Sealed Proposals were solicited in late 2003 and opened on January 30, 2004. The results of the proposals are found on the attached page. In addition to the basic new building at each site, a variety of alternate items were added to the proposal. They include a community room, metal roofing, stainless steel counter tops, glass windows above the bay doors, and two additional bays at Station NO.4. However due to budgetary constraints, only the community rooms and metal roofs are being recommended. As you will see, the apparent low proposal is from Harrison Quality Construction located in Carrollton who also met all the specifications and general conditions. If awarded the project(s), Harrison will assign a project manager and superintendent to each site and has committed to utilizing some different sub-contractors to assure the projects run smoothly. Similar construction projects completed by Harrison include the City of Richardson Fire Station No.6, City of Richardson Public Safety Building, and City of Piano Criminal Justice Center. Current projects include the Audelia Library for the City of Dallas and a $2,583,000 maintenance facility for TXDOT in Euless. Staff visited the Criminal Justice Center and Fire Station No. 6 and received positive responses from the employees involved with the projects. Positive responses were also received on other current and past references checked. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ ~~7Zop W DeDartment Head Sionature FD0201 Budget Director inance Director Page 1 of2 _ '-I CITY OF NORTH RICHLAND HILLS I As proposed, staff recommends that each project utilizes a separate contract for ease of administration. Also, Station No. 1 has a built-in contingency of $80,000 and Station NO.4 has a built-in contingency of $100,000. Any unforeseen needs for the projects will be deducted from these amounts. Several weeks ago staff began the investigation of potentially changing the proposed site for Station NO.1. When new information about site options became available the City Council was then briefed on potential changes. Direction was then given to continue compiling information to determine the full cost of relocating the facility. At this writing, the actual costs for relocating Station NO.1 are not known. Staff is working to assemble all relevant information for the City Council's review by the City Council meeting on March 22. We do anticipate having a recommendation for the City Council's consideration. As a reminder, the proposals were solicited to be valid for a period up to sixty (60) days from the date they were opened. The upcoming City Council meeting is the last regular opportunity to act on these proposals assuming they are not extended by the contractors. Randall Scott, the project architect will be present at the meeting to discuss the proposed changes. Recommendation: None available at this time due to design changes not being complete. Staff will have a recommendation prepared for the City Council meeting. CITY COUNCIL ACTION ITEM Page 2of2 C) r::: u .¡: D.. Q) - ~ Q. 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'E û5 ~ ~ ro___ I"'-NC'0 - o c: c: ro (.) >- CD .J:: - Announcements and Information March 22, 2004 Announcements - Councilman Metts The Lotta Night Music Concert Series first concert will be The Duffin Family, which will play bluegrass and gospel. The concert will be held on April 2 and begins at 7pm at Green Valley Park. Call the Recreation Center for more information. Join us for the Easter in the Park event on Saturday, April 3. It will begin at 10:00 a.m. and be held at Green Valley Park. There will be bounce houses, a petting zoo, train ride, and of course a fabulous Easter egg hunt! Call the Recreation Center for more details. The Great American Clean Up event will be held on Saturday, April 1 O. The Keep NRH Beautiful committee is hosting this event in conjunction with the Keep America Beautiful's Great American Cleanup. Contact the Neighborhood Services Department to volunteer for this worthwhile event. Information March 27 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. Paul Bergerson, Ricky Bryant, Jesse Byrd and Jay Carter, Utility Division, Public Works Department - A call was received from a NRH resident conveying his appreciation to these men for the professional and expeditious manner in which a water main break was repaired in his area.