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HomeMy WebLinkAboutCC 2006-06-26 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 26,2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of June, 2006 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Staff Members: Larry J. Cunningham Ogden Bo Bass Karen Bostic Patricia Hutson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Vickie Lottice Richard Kitchen Greg VanNeiuwenhize Bill Thornton Sharon Davis Call to Order Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilman Councilman Councilman City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Parks & Recreation Director Assistant Police Chief Assistant Public Works Director Assistant Parks Director Assistant Parks Director Mayor Trevino called the work session to order at 6:00 p.m. A.O Discuss Items from ReQular City Council Meetinq Agenda Item F.3, GN 2006-055 - Councilman Sapp questioned how the policy would function operationally. The City Manager advised that a special revenue fund will be established for the gas revenues and the Policy Guidelines would be used for the use of the funds. It will be a process where the revenues will be accounted for in the special revenue funds except property taxes, permit fees and fines associated with drilling, or permits of gas operations will be allocated to the General Fund. All other revenues will be allocated to the special fund and will be distributed according to the guidelines City Council Minutes June 26, 2006 Page 2 established in the policy. Council will appropriate during the budget process the distribution of the funds in accordance with the policy. Council was advised that Section V had been added to the Policy Guidelines to address the establishment of the special revenue fund for gas revenues. A revised copy of the Policy Guidelines was distributed to the Council. Agenda Item F.1, GN 2006-053 - Councilman Turnage questioned if the City had authority over gas rates or could only provide input to the Railroad Commission. Attorney Staples advised the City has original jurisdiction and the Railroad Commission has appellate authority. Mr. Cunningham further advised that the City does not have original authority to set rates on electric or telephone, but does have the right to set gas rates. The Railroad Commission then has to approve the rates and if the rates are not appealed then the City's approval is final. Agenda Item B.3, PU 2006-047 - Mayor Pro Tern Lewis requested clarification on the original grant of $750,000. Mayor Pro Tern Lewis questioned if the total project cost is $558,000 or if there are other monies to be spent totaling the full amount of the grant. Ms. Vickie Loftice, Parks and Recreation Director, advised the $558,000 is for construction costs and that the grant funds were also used for engineering and project design. B.1 IR 2006-074 Review NRH20 Marketinq Efforts Mr. Chris Swartz, Aquatic Manager, introduced Ms. Elizabeth Copeland, NRH20 Marketing Coordinator. Ms. Copeland presented to the Council a PowerPoint presentation highlighting the Water Park's marketing efforts. Marketing efforts presented included the branding philosophy, branding elements being used, special promotions and events, and radio and television spots. B.2 IR 2006-076 Update on Water Conservation Plan; Good Water Usaqe Mr. Jimmy Cates, Public Works Operations Manager, presented a PowerPoint presentation updating the Council on the City's Water Conservation Plan. Mr. Cates reviewed the current drought conditions and advised that most cities are currently on some type of water restrictions. North Richland Hills is currently under Stage 1 of the City's Drought Contingency Plan. Stage 1 is voluntary no outside watering from 10 a.m. to 7 p.m. each day of the week. Council was advised that Trinity River Authority called a special meeting on June 20 to discuss the implementation of a more aggressive water conservation plan for each of its contracting parties. Representatives from the five contracting parties, North Richland Hills, Colleyville, Euless, Grapevine and Bedford were in attendance as well as Arlington and Fort Worth. The contracting cities decided to recommend adoption of a water conservation method similar to the cities of Fort Worth and Arlington. This method consists of prohibiting outside watering from 10 a.m. City Council Minutes June 26, 2006 Page 3 to 6 p.m. June 1 to September 30, except with a hand held or soaker hose. The method will be mandatory and enforced and will go into effect annually. Mr. Cates highlighted the City of Fort Worth's conservation ordinance provisions passed in May 2006. Mr. Cates pointed out that Chapter 114 of the NRH Code of Ordinances has mandated since October 25, 1999 that all non-residential projects with required landscape improvements must have rain/freeze sensors installed with their irrigation systems. Mr. Cates pointed out the four differences between Fort Worth and North Richland Hills: 1) The water conservation method of prohibiting outdoor watering from 10 a.m. to 6 p.m., June 1 to September 30, except with a hand held or soaker hose. Goes into effect annually; 2) All new residential irrigation systems must be installed with rain/freeze sensors; 3) Annual inspections of rain/freeze sensors on commercial irrigation systems; and 4) retrofitting existing non-residential irrigation systems with rain/freeze sensors. The Council was advised that at this time Staff was not recommending #3 and #4. Mr. Cates discussed how the public would be informed of the water conservation plan and a suggested enforcement policy. Council questioned and discussed new residents being notified to conserve water, the granting of exceptions for the establishment of new sod, and the retrofitting of residential and business systems with sensors. C.O Executive Session Mayor Trevino announced at 6:35 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Section 551.071 of the Texas Government Code to consult with Attorney to seek advice about the following pending litigation: 1) Jacobson v. City of North Richland Hills, et al and 2) Laura Friend v. City of North Richland Hills. D.O Adjournment Mayor Trevino announced at 6:56 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.O CALL TO ORDER Mayor Trevino called the meeting to order June 26,2006 at 7:00 p.m. ROLL CALL City Council Minutes June 26, 2006 Page 4 Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern Councilman Councilwoman Councilman Councilman Councilman Councilman Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson George Staples City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) NATIONAL PARKS AND RECREATION MONTH Councilman Welch presented to Ms. Vickie Loftice, Parks and Recreation Director, with a proclamation proclaiming July as National Parks and Recreation Month. Councilman Welch and Ms. Loftice recognized the Park and Recreation Staff. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION{S) KEEP NRH BEAUTIFUL YARD OF THE MONTH WINNERS Mr. David Webb, Keep NRH Beautiful Commission Member and Councilwoman Compton recognized the June Yard of the Month recipients: Anne Kells, 6428 Devonshire; James L. & Barbara Lockhart, 6700 Riviera; Don & Rockie McCormick, 6633 Parkridge Drive; Lee & Mary Criqui, 5541 Misty Meadow; James H. Miller, 7921 City Council Minutes June 26, 2006 Page 5 Creek View Drive; Chad Oberly, 7036 Payte Lane; Mike & Vickie Cooper, 8205 Thornhill Drive; Carey & Dyanne Lerew, 7017 Wind haven Road; Robert L. Burns, 8425 Parkdale Drive. The recipient of the Business Landscape award was Sparks Bar & Grill, 5209 Rufe Snow. A.5 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle Drive, recapped her ten previous citizen presentations and commented that she has not seen a corrected permit for Emerald Lakes. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 12, 2006 CITY COUNCIL MEETING B.2 PU 2006-046 AWARD BID FOR ANNUAL CONTRACT TO PRINT VARIOUS CITY NEWSLETTERS AND BROCHURES - RESOLUTION NO. 2006-050 B.3 PU 2006-047 AWARD OF BID TO DEAN CONSTRUCTION IN THE AMOUNT OF $558,974.80 FOR THE CONSTRUCTION OF THE SOUTH ELECTRIC TRAIL PROJECT - RESOLUTION NO. 2006-051 8.4 GN 2006-056 EXECUTE CHANGE ORDER #1 TO THE CONSTRUCTION CONTRACT WITH AMERICAN CIVIL CONSTRUCTORS, INC. FOR THE WALKER'S CREEK MULTI-USE TRAIL PROJECT IN THE AMOUNT OF $37,779.32 - RESOLUTION NO. 2006-053 COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.O PUBLIC HEARING City Council Minutes June 26, 2006 Page 6 There were no items for this category. D.O PLANNING AND DEVELOPMENT There were no items for this category. E.O PUBLIC WORKS There were no items for this category. F.O GENERAL ITEMS F.1 GN 2006-053 DENIAL OF 2005 INTERIM RATE ADJUSTMENT PROPOSED BY ATMOS ENERGY CORPORATION, MID-TEX DIVISION- ORDINANCE NO. 2890 APPROVED Ms. Karen Bostic, Managing Director, presented the item. The proposed ordinance will deny the Atmos Grip Filing, authorize the City to participate in cooperation with other cities within the Atmos Energy Corp., Mid-Tex Division as part of the Atmos Cities Steering Committee (ACSC), authorize ACSC to hire legal and consulting services and to negotiate with the company and direct any necessary litigation, authorize intervention as part of ACSC in any appeal of the City's action to the Railroad Commission, require prompt reimbursement of costs incurred by the City and provide notice of ordinance to Atmos. Councilman Turnage commented that the Railroad Commission has ultimate authority over Atmos Rate request and that the City can only make a recommendation. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2890. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes June 26, 2006 Page 7 F.2 GN 2006-054 DENIAL OF REQUEST FOR A RATE INCREASE BY ATMOS ENERGY CORP., MID-TEX DIVISION FILED ON MAY 31,2006- ORDINANCE NO. 2891 APPROVED Ms. Karen Bostic, Managing Director, presented the item. On November 14, 2005 the City along with 87 other cities passed a show cause resolution to initiate a proceeding to determine whether the existing gas distribution rates charged by Atmos Energy, Mid-Tex Division were unreasonable or in any way in violation of any provision of law. Around December 31,2005, a rate filing package was filed with the City in response to the show cause resolution. After review of the information, the City's consultants recommended that the City reduce the rates charged by Atmos within the City. On May 31, Atmos Mid-Tex filed a system-wide rate increase with the Texas Railroad Commission. The filing will increase Atmos' revenues by $61 million annually, or 3.6%. The average residential bill would increase $4.02 per month and the average commercial bill will would increase $17.16 per month. The proposed ordinance denies Atmos' rate increase, supports the reduction of existing natural gas distribution rates currently charged by Atmos Mid-Tex, orders Atmos Mid-Tex to reimburse the City for its reasonable costs incurred in the proceeding and authorizes the Atmos Cities Steering Committee to act on behalf of the City and intervene in any proceedings. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 2891. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2006-055 CONSIDER APPROVAL OF POLICY ON USES OF REVENUES FROM GAS EXPLORA TION/PRODUCTION - RESOLUTION NO. 2006-052 APPROVED Ms. Karen Bostic, Managing Director, presented the item. At the June 15 Budget Work Session the consensus of Council was for Staff to bring forward a policy on uses of revenues from gas exploration and production. The purpose of the policy is to establish guidelines for how the revenues could be used. Three areas of consideration are included in the policy - 1) to bridge the gap of sales tax revenue reductions; 2) to use "one time" revenues for projects or non-recurring capital needs; 3) City Council Minutes June 26, 2006 Page 8 to use the revenues for expanding the City's economic base and use for economic development. Allocations of the revenues are based on where a gas well is located and how the property was purchased. A recommended change to the policy was presented to the Council earlier in the evening during the Council Work Session. The revision to the policy added a Section 5 addressing the establishment of special revenue fund for gas revenues. MAYOR PRO TEM LEWIS MOVED TO APPROVE GN 2006-055, RESOLUTION No. 2006-052. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 GN 2006-050 APPOINTMENT TO CIP COMMITTEE APPROVED Ms. Patricia Hutson, City Secretary, presented Mayor Trevino's recommendation for the appointment of Councilman Sapp to the CIP Committee. COUNCILWOMAN COMPTON MOVED TO APPROVE MAYOR'S APPOINTMENT OF COUNCILMAN SAPP TO THE CIP COMMITTEE. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F5. GN 2006-051 APPOINTMENTS TO BOARDS & COMMISSIONS APPROVED Ms. Patricia Hutson, City Secretary, presented the following nominations for appointment to the boards and commissions: Keep North Richland Hills Beautiful Commission Place 2 Jay Garner Place 4 Doris Tipps Place 6 Kathy Luppy Alternate Dianna Madar Board of Adjustment Place 2 Sixto Rodriguez III Place 4 Fonda Kunkel Place 6 Bill Gibbs City Council Minutes June 26, 2006 Page 9 Library Board Place 2 Place 4 Place 6 Alternate David Nelson Kay Schmidt Mike Madar Kathy Antropik Park and Recreation Board Place 1 Ricky McElroy Place 2 Tom Lombard Place 4 Marlin Miller Place 6 Jay Crane Alternate Tracye Tipps Planning & Zoning Commission and Capital Improvement Advisory Committee Place 4 Randy Shiflet Place 6 William Schopper Ex Officio Kelly Gent Substandard Building Board Place 4 Philip E. Orr, Jr. Place 6 Brian Crowson Teen Court Advisory Board Place 2 Janet Golightly Place 4 Jerry Sorenson Place 5 Danny Perkins Place 6 Karen Russell The terms of office for the even numbered and ex-officio/alternate place appointments will expire June 30, 2008 and the odd numbered place appointments will expire June 30,2007. MAYOR PRO TEM LEWIS MOVED TO ACCEPT THE NOMINATIONS BY APPROVING GN 2006-051. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.6 GN 2006-052 APPOINTMENT OF BOARD DELEGATE TO REINVESTMENT ZONE NUMBER 1 AND REINVESTMENT ZONE NUMBER 2 APPROVED City Council Minutes June 26, 2006 Page 10 Ms. Patricia Hutson, City Secretary, presented the item. The City has one vacant seat on the Board of Directors of Reinvestment Zone No. 1 and Reinvestment Zone No.2. The By-laws of both Zones provide that the appointment is to be made by the City Council. COUNCILWOMAN COMPTON NOMINATED COUNCILMAN TURNAGE TO REINVESTMENT ZONE NUMBER 1 AND REINVESTMENT ZONE No.2. THERE BEING NO OTHER NOMINATIONS, COUNCILMAN WELCH MOVED TO CLOSE NOMINATIONS. NOMINATION OF COUNCILMAN TURNAGE TO REINVESTMENT ZONE NUMBER 1 AND REINVESTMENT ZONE NUMBER 2 WAS APPROVED 7 -0. F.7 GN 2006-057 APPOINTMENTS TO ANIMAL CONTROL SHELTER ADVISORY COMMITTEE- PLACES 2 AND 4 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Nature of request is for Council to make appointments to Places 2 and 4 on the Animal Control Shelter Advisory Committee. The terms of office for the individuals serving in Places 2 and 4 on the Animal Control Shelter Advisory Committee expire on June 30. By ordinance, the appointment to Place 2 is to be a city official and the appointment to Place 4 is to be a representative from an animal welfare organization. Currently, Mayor Pro Tem Lewis is serving in Place 2 and Pam Burney, Senior Director, Regional Services, with the American Society for Prevention to Cruelty to Animals, is serving in Place 4. COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-057 RECOMMENDING THE APPOINTMENTS OF MAYOR PRO TEM LEWIS AND Ms. PAM BURNEY TO THE ANIMAL SHELTER ADVISORY COMMITTEE. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.8 GN 2006-058 APPOINTMENTS TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION- PLACES 1, 3, 4,5,6 & 7 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. The terms of office for the individuals serving in Places 1, 3, 5 and 7 expired on May 1, 2006 and Places 4 and 6 are vacant. The Bylaws and Articles of Incorporation provide that appointments are to be made by the Council and Places 1-4 are designated for Council Member Directors City Council Minutes June 26, 2006 Page 11 and Places 5-7 are designated for Citizen Member Directors. Recommendation is for Council to appoint 1) a Council Member Director to fill the unexpired term of Place 4; 2) Council Member Directors to Places 1 and 3, terms expiring May 1, 2008; 3) a Citizen Member Director to fill the unexpired term of Place 6; and 4) Citizen Member Directors to Places 5 and 7, terms expiring May 1, 2008. COUNCILWOMAN COMPTON MOVED TO APPOINT THE FOLLOWING: PLACE 1 - COUNCILMAN WHITSON PLACE 3 - MAYOR TREVINO PLACE 4 - COUNCILMAN BARTH PLACE 5 - TRACYE TIPPs (PARK BOARD MEMBER) PLACE 6 - TOM LOMBARD (PARK BOARD MEMBER) PLACE 7 - BRAD GREENE (PARK BOARD MEMBER) COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.9 INFORMATION AND REPORTS APPROVED Mayor Pro Tern Lewis made the following announcements: Join us on July 4th for the Quad Cities Family 4th Fireworks Show. Free parking will be offered at W.G. Thomas Coliseum in Haltom City and North Richland Hills Village Center. Parking will be available on a first come first served basis, so plan to arrive early. The fireworks will start at 9:30 p.m. For more information, please call 817-281- 9376. City Hall and other City offices will be closed on Tuesday, July 4th, in observance of Independence Day. Garbage service will not be impacted by the holiday. Due to ongoing drought conditions, the City of North Richland Hills asks everyone - from residents, to businesses, to schools and government - to continue efforts to voluntarily conserve water and to avoid watering during the hottest part of the day, between 10 a.m. and 7 p.m. The City will be considering additional water restrictions in the coming weeks and will communicate further information to residents through the web site, Citicable, newsletters and news media. The cooperation and support of all residents and businesses plays a critical role in the success of our water conservation efforts and we appreciate your help and understanding. . City Council Minutes June 26, 2006 Page 12 Kudos Korner - Frank Delgado, Public Works Department - A resident sent an e-mail thanking Frank for responding quickly to her request for street sweeping in her neighborhood. She said she appreciated his prompt service and he did a great job. F.10 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:54 . . ATTEST: U4óVU~~ Patricia Hutson - City Secretary