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HomeMy WebLinkAboutCC 2006-08-28 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 - AUGUST 28, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28th day of August, 2006 at 5:30 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 Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Monica Solko George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Patrick Hillis Jimmy Perdue Drew Corn Eric Wilhite Carrie Poston Mike Rawson Sean Hughes Richard Abernethy Call to Order Mayor Mayor Pro Tem, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Human Resources Director Police Chief Budget Director Chief Planner Information Services Assistant Director Assistant Fire Chief of Operations Emergency Management Coordinator Assistant to the City Manager Mayor Trevino called the work session to order at 5:32 p.m. A.O Discuss Items from Reoular City Council Meetino No items were discussed. City Council Minutes August 28, 2006 Page 2 B.1 IR 2006-092 Report of Various Water Issues Mike Curtis, Director of Public Works, presented a PowerPoint presentation to update the City Council on the following issues. 1.) Gifford Lane/McKee Water System, a private water system that serves approximately 40 residents along and in the proximity of Shady Grove Road. Approximately 17 of the 40 residents live in North Richland Hills. The McKee customers were informed by mail in May that the system was going to be shut down and water would no longer be provided beginning July 4, 2006. The State did not allow the private system to shut down on July 4th. Public Works staff has continued to be in contact with the State and been told that the State would not allow the closure of the McKee Water System until the City has public water mains in place to serve the North Richland Hills residents. The residents that live along Shady Grove Road have a City water main that they can connect to for service. However, 12 residents that are connected to the McKee Water System live along a private road (Gifford Lane). The Public Works staff has not been able to get easements from all of the residents along Gifford Lane, but we were able to get the easements along the west side. This will allow the public water main to be constructed along the west side of the road. Since the easements extend to the center of the private road, all residents on both sides will have access to the water main. The City began construction of the water mains in August and should be complete in approximately two weeks. Staff is not connecting the residents to City water until they have paid their share of the new water main and all impact fees and connection fees. The water main is being constructed so there will not be any delays from the City if the McKee system completely fails or the owner gets approval to shut down the system. 2.) Customers have been experiencing drinking water taste and odor concerns. Historically during the summer months taste and odor issues were due to algae blooms in the lakes. This year with the drought conditions and varying source water contributions from Tarrant Regional Water District, taste and odor issues have been magnified. The East Texas Cedar Creek and Richland Chambers Reservoirs serve as the primary water sources for the Trinity River Authority (TRA) and many Tarrant County lakes serve as the primary water sources for the City of Fort Worth. Both of the City's wholesale water suppliers are making plant adjustments to reduce customers concerns. Taste and odor issues can only be improved at the water treatment plant. Algae does alter the taste and the smell of water, but does not present a health risk; the treated water continues to meet all drinking water regulations. 3.) Record number of water main breaks in the City. The City experiences about 100 to 130 main breaks per year. Last year there were 120 breaks. By the end of June this year we had already repaired 124 water main breaks. Breaks are occurring in the evening, having an increasing impact on the budgeted overtime account for Public Works as well as our response times. The water conservation measures that the city City Council Minutes August 28, 2006 Page 3 implemented last month is also making the public more aware of water main breaks. Residents are reporting breaks earlier. Although in some cases residents who have reported the main break have not been aware of these time constraints (minimum of 4 hours to mark utility lines) and therefore believe the city is not being as responsive as they should be. Staff is placing door hangers on doors in areas of a reported water main break to educate the residents about the process and to keep them informed. Staff suspects that the increase in water main breaks is being caused by the shifting of the dry soil and the amount of water being used. Although the city implemented water conservation staff has not seen a decrease in the total water usage. The increase has been due to drought conditions that North Texas is experiencing. The city is averaging about 18.5 million gallons of water per day which is slightly higher than the 18 million gallons per day this time last year. The city has a peak system capacity of approximately 35 to 37 million gallons per day. The 24 to 25 million gallons per day of peak demand that is being placed on the system is well below the systems capacity. B.2 IR 2006-094 Briefina on the Status of Iron Horse Golf Course Re-Opening Richard Torres, Assistant City Manager, presented a PowerPoint presentation to brief the City Council on the current plans for the Re-Opening of Iron Horse Golf Course. Pictures shown were the different stages of the planting of the new course greens. Updates on the course will be the resurfacing of the parking lot, new golf carts, restroom facilities have been cleaned and painted, and the club house has also been painted and carpets cleaned for the re-opening. A tentative date for the re-opening is set for September 20th. C.O Adiournment Mayor Trevino announced at 6:06 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 August 28, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Mayor Mayor Pro Tem, Council Place 1 Council, Place 2 City Council Minutes August28,2006 Page 4 Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant 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) A.4 YARD OF THE MONTH AWARDS - KEEP NRH BEAUTIFUL COMMISSION MEMBER DORIS TIPPS & COUNCILMAN BARTH Ms. Doris Tipps, Keep NRH Beautiful Commission Member and Councilman Barth recognized the August Yard of the Month recipients: Mr. & Mrs. Mitchell Feris, 3805 Diamond Loch West, Robert Helm, 6900 Corona, Mary Kay Austin, 6332 Skylark Circle, Jesus & Celina Quintana, 7201 Jamaica Way, Rob & Jennifer Reigle, 6005 Winterpark, Julie Barrington, 6704 Mabell, Roy & Judy Odom, 9204 Edgemont Drive, Trey Baer, 7829 Green Valley Drive, Donald & Myra Gasser, 7920 Kandy, The recipient of the Business Landscape award was Kevin Smith Insurance Agency (Farmers Insurance Group), 8240 Mid-Cities Boulevard. A.S CITIZENS PRESENTATION City Council Minutes August 28, 2006 Page 5 Two Public Meeting Appearance Cards were turned in. Mayor Pro Tem Lewis called for Nancy Lallande, 8425 Emerald Circle to speak first. Ms. Lallande was not present. Mayor Pro Tem called for Laverne O'Steen to speak next. Ms. Laverne O'Steen, 8429 Emerald Circle, presented a plat which showed the property she was referring to. Ms. O'Steen commented on concerns associated with the Emerald Lakes and stated that this was her 14th citizen presentation on the subject matter. Mayor Trevino asked Ms. O'Steen who owned the property she was referring to? Ms. O'Steen did not comment. Mayor Trevino asked Bo Bass, Assistant City Manager, who owned the property that Ms. O'Steen was referring to? Mr. Bass stated that all documents indicate that the Home Owners Association of Emerald Lakes own the property. Mayor Trevino stated that in essence Ms. O'Steen owned the property she was complaining about. George Staples, City Attorney, stated that the City was very aware of Ms. O'Steen's concerns, however - as has been stated on numerous occasions - this is an issue on private property that is owned and maintained by the Emerald Hills Home Owners Association. There is no legal basis for the City to assume any private obligations for the maintenance of the wall and lake. City staff has repeatedly responded to questions. In addition, City staff has provided Ms. O'Steen access to City records on the issue and offered copies of these materials. Ms. O'Steen has been notified in a letter from FEMA that the City has met all of the requirements associated with the flood plain permit and process. No public life-safety issue has been observed. If there is a safety issue, it is the responsibility of the private property owner to correct it. Once again, the problems Ms. O'Steen keeps referring to are on private property. The City simply cannot go in and make improvements on private property. It is the responsibility of every private property owner to take care of their own private property repair and maintenance items and not the responsibility of the general taxpayers of our community. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Whitson removed item B.2 from the Consent Agenda. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 14, 2006 CITY COUNCIL MEETING B.2 REMOVED City Council Minutes August 28, 2006 Page 6 B.3 PU 2006-052 CONSIDERATION OF A CONTRACT WITH AIR CLEANING TECHNOLOGIES, INC. FOR PL YMOVENT VEHICLE EXHAUST EXTRACTION SYSTEMS AT STATIONS NO.2 & NO.3 - RESOLUTION NO. 2006-072 COUNCILMAN TURANGE MOVED TO APPROVE THE CONSENT AGENDA. MA VOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. B.2 FP 2006-08 CONSIDERATION OF A REQUEST FROM AHLBORN DEVELOPMENT INC. TO APPROVE A FINAL PLAT OF A 27 LOT SINGLE FAMILY SUBDIVISION TO BE KNOWN AS TOWN WALK CHASE ADDITION (LOCATED IN THE 8400 BLOCK OF AMUNDSON DRIVE -7.172 ACRES). APPROVED Councilman Whitson advised his residence was in close proximity to the development and would abstain from discussion and voting. An affidavit of disqualification has been completed by Councilman Whitson and filed with the City Secretary stating the nature of the interest was residence in close proximity to the development. COUNCILMAN WELCH MOVED TO APPROVE FP 2006-08. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0; COUNCILMAN WHITSON ABSTAINING. PUBLIC HEARINGS C.1 GN 2006-074 CONDUCT PUBLIC HEARING ON PROPOSED TAX RATE Mayor Trevino opened the Public Hearing on the proposed tax rate for Fiscal Year 2006-2007. Drew Corn, Budget Director, presented a PowerPoint presentation, giving an overview of the proposed tax rate. Mr. Corn discussed the history of the net taxable values, 2006 appraised values, and changes in property value. The proposed tax rate for Fiscal Year 2006-2007 is 57 cents. The 57 cents tax rate has been maintained for 14 consecutive years. Mr. Corn advised the effective tax rate of 56.7969 cents is the property tax rate necessary to produce the same amount of property tax revenues as the prior year. City Council Minutes August 28, 2006 Page 7 Because the proposed rate is higher than the effective tax rate, two public hearings are required. This was the second required hearing on the proposed tax rate. Mayor Trevino asked for public comments on the proposed 57¢ tax rate. There being no one wishing to speak, Mayor Trevino closed the public hearing and announced the tax rate adoption is set for the September 11, 2006 City Council Meeting. C.2 GN 2006-075 CONDUCT PUBLIC HEARING ON PROPOSED 2006-2007 BUDGET Mayor Trevino opened the Public Hearing on the proposed 2006-2007 Budget. Drew Corn, Budget Director, presented a PowerPoint presentation. The budget work session to review the proposed 2006-2007 budget was held August 4-5, 2006. At the work session, City Council reviewed the budgets for all operating funds, capital project funds, and the budgets for the Crime Control & Prevention District and the Park & Recreation Facilities Development Corporation. Subsequent to the work session, the changes City Council requested have been included in the 2005-2006 Revised Budget and in the 2006-2007 Proposed Budget. The 2006-2007 Proposed Annual Operating Budgets for all operating funds are as follows: General Fund Debt Service Fund Park & Recreation Fund Crime Control District Promotional Fund Donations Fund Special Investigation Fund Drainage Utility Fund Gas Development Fund Utility Fund Aquatic Park Fund Golf Course Fund $34,569,836 8,765,524 4,309,648 4,623,240 216,262 166,617 396,281 707,186 447,250 22,672,516 3,930,396 2,424,460 Proposed Capital Improvements Budget totals $30,252,692. The breakdown between funds is as follows: Street & Sidewalk Projects Drainage Projects Utility Projects Parks & Recreation Projects $10,481,508 345,000 2,975,000 1,964,889 City Council Minutes August 28, 2006 Page 8 Aquatic Park Projects Municipal Facility Projects Major Capital Equipment Economic Development Projects CIP Personnel 912,000 7,001,602 2,018,100 3,410,000 1,144,593 The 2006-2007 Proposed Budget is based on continuing the 57 cent tax rate for the 14th year. The adoption of the 2006-2007 Budget is recommended for the September 11th Council meeting. Mayor Trevino asked for public comments on the proposed 2006-2007 Budget. There being no one wishing to speak, Mayor Trevino closed the public hearing and announced that the budget adoption is set for the September 11, 2006 City Council Meeting. PLANNING & DEVELOPMENT NO ITEMS FOR THIS CATEGORY. NONE. PUBLIC WORKS E.1 PW 2006-029 APPROVE RESOLUTION PROVIDING ASSURANCES ON THE FUNDING OF REQUIREMENTS OF THE ENFORCEMENT RESPONSE PLAN REQUIRED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - RESOLUTION NO. 2006-068 APPROVED Mike Cutis, Director of Public Works, presented the item. The City of Fort Worth has been directed by the Texas Commission on Environmental Quality (TCEQ) to modify the city's Pretreatment Program. The City of Fort Worth is requiring its wholesale customers to submit several items which address the required revisions to the Industrial Wastewater Pretreatment Program. The City of North Richland Hills only needs to provide the following 3 items to meet these requirements. 1) City resolution establishing the intent to fund the required Industrial Wastewater Pretreatment Program/Enforcement Response Plan from user fees on industrial customers (this Council item E.1). 2) Ordinance revising the Industrial Wastewater Ordinance as required by the TCEQ which will consist of some definition changes and permitting procedures (the next Council item E.2). 3) Attorney Statement (to be prepared separately by City Attorney, not an agenda item). The City has had an Industrial City Council Minutes August 28, 2006 Page 9 Wastewater Pretreatment Program since 1991. This resolution does not change that program, but provides a document from the City which fulfills a TCEQ requirement placed on Fort Worth, the regional provider. All wholesale customers have been requested to provide the same resolution. COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION No. 2006-068. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.2 PW 2006-030 APPROVE AMENDING ARTICLE IV OF CHAPTER 78 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND AMEND THE CITY'S INDUSTRIAL WASTE REGULATIONS - ORDINANCE NO. 2898 APPROVED Mike Curtis, Director of Public Works, stated this was the second item requested from the City of Fort Worth from the previous item. Since North Richland Hills is a customer of the City of Fort Worth, we are therefore required to make the same revisions in our ordinance in order to remain in compliance. A summary of the required changes · The deletion of some definitions. · The addition of prohibited discharges. · The concentration of certain pollutants being changed. These changes will not negatively impact the City's current program budget. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2898. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 GN 2006-076 CONTRACT AUTHORIZING PASS THROUGH VEHICLE REPLACEMENT STATE GRANT AGREEMENT FOR THE NORTHEAST TRANSPORTATION SERVICE - RESOLUTION NO. 2006-069 APPROVED Richard Abernethy, Assistant to the City Manager, summarized the item. The city is acting as a pass through conduit for the grant funds. No city funding is required to administer the contract. Although the grant agreement is for Fiscal Year 2006, the contract will allow the grant to be used up to April 30, 2007. The NETS Board City Council Minutes August 28, 2006 Page 10 unanimously approved the use of the grant at their August 16, 2006 Board Meeting and would plan to use the grant to replace one of their older vehicles that is not able to operate on a full-time basis. The total award amount is $42,873 and requires a local match of 20% or $8,574.60. The local match will be funded from the NETS local fund budget. The grant also requires any new vehicle, purchased with these funds, to be powered by a clean burning fuel such as propane or natural gas. Mayor Trevino requested Mr. Abernethy to give the Council an update at the end of the fiscal year on what the ridership is and how many North Richland Hills residents are using the service. COUNCILMAN TURNAGE MOVED TO APPROVEN RESOLUTION No. 2006-069. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2006-077 CONSIDERATION OF DESIGNATING AN OFFICIAL NAME FOR LITTLE BEAR CREEK NEIGHBORHOOD PARK - RESOLUTION NO. 2006-070 APPROVED Richard Torres, Assistant City Manager, presented the item. The Naming board convened on August 14, 2006, to consider issues related to making recommendations for the naming of various parks. One item on this agenda was to consider potential names for Little Bear Creek Neighborhood Park (in the northern part of the city adjacent to Continental Trail). This park site is currently under construction and is expected to be completed by the end of this year. The park will be a Texas Mission theme park. Councilwoman Compton a Naming Board Chairperson stated that the Naming Board met and discussed the possible names for the new park located in the Little Bear Creek area. The board is committed to honoring those who have made significant impact on the City. The name Dr. David Pillow is one such person that the city would like to honor. Without his vision there is a strong possibility that we would not be a home of a nationally recognized hospital. North Hills Hospital ranks among the nations very best. In fact, just a few weeks ago the cardiac unit received the highest possible rating. Because of Dr. Pillows commitment to our city, especially during our city's infancy, it is only fitting that he be recognized as one of our fore fathers. Many people do great things in quite ways and many people do provide a wonderful service to others. Their commitment deserves to be recognized. This is one attempt for us as a community to say thank you to one of our outstanding citizens. By unanimous vote the Naming Board, the recommendation is for the Little Bear Creek Neighborhood Park to be officially named "Dr. Pillow Park" in recognition of the early contributions made by Dr. David Pillow to the City of North Richland Hills. There will also be a plaque located City Council Minutes August 28, 2006 Page 11 close to the signage giving the history of who Dr. David Pillow is and what he did for the our City. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-070. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2006-078 CONSIDERATION OF A NEW NAME FOR THE SOUTH ELECTRIC TRAIL - RESOLUTION NO. 2006-071 APPROVED Richard Torres, Assistant City Manager, presented the item. The Naming board convened on August 24, 2006 to consider a recommendation for a new name for the South Electric Trail. This soon to be completed hike/bike trail is located in the southern portion of the City. This trail will be 1.9 miles long and has simply been labeled "South Electric Trail" because it follows a TXU easement. It is believed by the Naming Board and staff that it would be more appropriate to give this significant trail a name to recognize the efforts of some community leader as has been done with many of the new neighborhood parks. Councilwoman Compton a Naming Board Chairperson stated that the Naming Board met last week and came up with the recommendation for what has been known as the South Electric Trail. This is one of the many trails located in North Richland Hills. The Naming Board voted unanimously to recommend that the new name for the South Electric Trail be "JoAnn Johnson Trail" after former City Councilwoman JoAnn Johnson. Ms. Johnson graciously served our City for 15 years. As a result of her dedication to the park and trail system for the entire City, the revitalization and preservation of the southern part of our city, Boulevard 26 area, and maintaining a rich history with a city with the publication of the city's first history book a few years ago, is very appropriate to name the trail after her. This trail which is currently under construction is located in her neighborhood and will connect to Boulevard 26; that she is so passionate about. It is very important to her and it seems very fitting that she continue to be recognized for the important contributions that she has made to the citizens of North Richland Hills. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-071. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes August 28, 2006 Page 12 F.4 INFORMATION AND REPORTS Councilman Turnage made the following announcements. City Hall and other City Offices will be closed on Monday, September 4th, in observance of the Labor Day holiday. Garbage will be collected by Allied Waste Services. Join us at Dick Faram Park on Saturday, September 9th at 7 p.m. for a free night of family fun. Bring your blankets and lawn chairs and watch "E.T. The Extra Terrestrial" on the lawn. Parking is very limited so you are encouraged to walk or ride your bike to the park. For more details, please call 817-427-6600. The Neighborhood Services Department is hosting workshops from 9 a.m. to noon on Saturday, September 9th, and Saturday, September 23rd, in the City Council Chambers at City Hall. The workshops will focus on the new Neighborhood LOOKS and Litter NOT programs. The Neighborhood Initiative Program will also be discussed. The public is invited to attend and learn more about these important community programs. For more details, please call 817-427-6663. Kudos Korner - Debbie York, Neighborhood Services Department - A letter was received from an elderly North Richland Hills resident thanking Debbie and the volunteers of the Neighborhood Initiative Program who trimmed overgrown trees, cleared brush and removed an old fence from her property. The resident said she is overwhelmed with gratitude for everyone who helps make the Neighborhood Initiative Program possible. F.5 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:20 p.m. Oscar ATTEST: