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HomeMy WebLinkAboutCC 2007-02-26 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 - FEBRUARY 26, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of February, 2007 at 5:45 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 George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Jimmy Perdue Drew Corn Vickie Lottice Chris Amarante Greg Van Nieuwenhuize 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 City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Police Chief Budget Director Director of Parks & Recreation Construction Manager Assistant Public Works Director Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Reqular City Council Meetinq There were no items discussed. Mr. Cunningham introduced Mr. Chris Amarante, the City's new Construction Manager. City Council Minutes February 26, 2007 Page 2 A.2 IR 2007-026 Discussion of the Davis Boulevard Streetscape Project (Aqenda No. F.5) Ms. Vickie Loftice, Director of Parks and Recreation, provided a PowerPoint presentation updating the Council on the Davis Boulevard Streetscape project. The project is located between Emerald Hills Way and Maplewood. Ms. Loftice explained that there are two concurrent projects with different funding sources. The first project is the Landscape and Hardscape project at the northeast corner of Emerald Hills and Davis Boulevard that is being funded through the Keep NRH Beautiful Governor's Achievement Award Grant awarded to the Neighborhood Services Department. The project will be coordinated with the TxDOT Landscape Cost Sharing Project, which is on the agenda tonight. The project involves landscape and hardscape along both sides of Davis Boulevard and is funded from a TxDOT Landscape Cost Sharing Program allowing for a 50/50 match of the City's cash and in-kind contributions. Staff is recommending the award of a professional services contract to Schrickel, Rollins and Associates for the project. Schrickel, Rollins and Associates will provide survey work and prepare application to TxDOT, construction documents and Master Plan. Ms. Loftice explained the responsibilities of the City and TxDOT for the two projects. Council was advised that the City would be required to dedicate the property for the Governor's Achievement Award to TxDOT because TxDOT will not do any improvements on property not owned by TxDOT. The dedication will include a reverter clause so that if the property is used for any purpose other than intended, it will revert to the City. Council was shown the proposed design of the project. A.3 IR 2007-023 Mid-Cities Boulevard and Winter Park / Amundson Drive Traffic Siqnalization - Status Update Mr. Mike Curtis, Public Works Director, advised Staff was ready to begin the design on the Mid-Cities Boulevard and Winter Park / Amundson Drive signalization project. In accordance with the City's procurement of professional services policy, Lee Engineering has been selected as the engineering firm for the project. Since the design fee is less than $25,000, action by City Council will not be required and the City Manager will sign the agreement. Mr. Curtis discussed the timeline for the project. Councilman Whitson commented that he had previously requested that consideration be given to changing Winter Park / Amundson Drive to one name. Mr. Curtis advised that he would look into naming the two intersecting streets as one name. A.4 IR 2007-024 2007 Bond Sale Mr. Larry Koonce, Finance Director, advised the debt issuance in the adopted Capital Projects Budget was $4,367,500. Projects totaling $1.7 million make up the proposed General Obligation portion of the sale and projects totaling $2.6 million make up the Certificates of Obligation portion of the sale. Staff is proposing to continue with the City Council Minutes February 26, 2007 Page 3 General Obligation amount of sale, but reduce the amount of Certificates of Obligation as a result of a good cash flow in the utility fund and water park fund during fiscal year 2006. Staff is proposing to fund all utility capital projects and two Aquatic Park projects with pay-as-you-go operating cash reserves instead of Certificates of Obligation. This will reduce the Certificates of Obligation issuance by the proposed amount of $1,380,000 saving approximately $600,000 in interest expense over twenty years. The General Obligation Bonds are voter approved and follow the bond election plan of 2003. The fire engine replacement, Aquatic Park Mat Racer attraction and street sweeper will be funded by the issuance of Certificates of Obligation in the amount of $1,285,000 and debt service payments will be made from the Aquatic Park Fund and Equipment Services Fund. Council concurred with the revised debt issuance and the calendar for the bond sale. A.5 IR 2007-025 Police Department Racial Profilinq Annual Report Police Chief Jimmy Perdue presented the annual Racial Profiling Report. Chief Perdue reported that there have been no racial profiling complaints received and the data collected reflects that there is not any racial profiling by the North Richland Hills Police Department. B.O EXECUTIVE SESSION B.1 Executive Session: Pursuant to Sec. 551.071. Texas Government Code to Consult with Attorney about Pendinq Litiqation Relatinq to Sales Tax B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase of real property at 5024 Cumminqs Drive B.3 Executive Session: Pursuant to Section 551.087. Texas Government Code to deliberate Economic Development Neqotiations - Offer of an Economic Development Incentive to a Business Prospect and an Amendment to an Existinq Economic Development Aqreement Mayor Trevino announced at 6:08 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to consult with Attorney about pending litigation relating to sales tax, Section 552.072 to deliberate the purchase of real property at 5024 Cummings Drive and Section 551.087 to deliberate an offer of an economic development incentive to a business prospect and an amendment to an existing economic development agreement. City Council Minutes February 26, 2007 Page 4 C.O Adjournment Mayor Trevino announced at 6:59 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 February 26,2007 at 7:06 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council Place 1 Council, Place 2 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 George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. City Council Minutes February 26, 2007 Page 5 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) IR 2007-022 Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Financial Report ending September 30, 2005 Mr. Larry Koonce, Finance Director, introduced Mr. Fred Werner, Director of Finance, City of Grapevine and representing the Government Finance Officers Association of Texas. Mr. Fred Werner presented the Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Financial Report to the City. The City has received the Certificate of Achievement Award for the last 23 years. Fourteen percent of the cities in the State of Texas and five percent of the cities in the United States received the award. Mr. Koonce recognized Jackie Theriot, Accounting Manager, and commended her and the Accounting staff for their efforts that have made it possible for the City to receive the award. A.4 CITIZENS PRESENTATION Mr. Kevin Methner, 4901 Wondol Court, requested the Council assist him and his neighbors with the negative impacts to their neighborhood caused by TxDOT's expansion of IH 820/ SH 121/183. Mrs. Laverne O'Steen, 8429 Emerald Circle, presented two pictures of the Emerald Lakes Subdivision showing the retaining walls and the lake. Mrs. O'Steen discussed her concerns with the retaining walls and advised she would like to ask the City to have its engineers inspect the walls and put in writing that the walls are not substandard, that it is not a public nuisance and dangerous or unsafe. Mrs. O'Steen commented that she is hearing talk that the fountains are going to be replaced and that it is a waste of money. Mayor Trevino questioned who was replacing the fountains and if it was the City. Mrs. O'Steen reiterated that she is hearing talk of the fountains being replaced. The City Manager advised that the City was not replacing the fountains. Ms. Diane Terry, 7313 Redhawk Court, advised she was in real estate sales with a background in mortgage banking and legal conveyancing. Ms. Terry expressed City Council Minutes February 26, 2007 Page 6 concern with the drainage easement in Emerald Lakes and advised she was asking the following questions for thought: · When a developer dedicates common areas to the Homeowners in a subdivision, why doesn't the homeowner have the right to preview the plans, specs and permits? · When the common areas are dedicated, are they dedicated by deed? Doesn't a deed have to be delivered and accepted by the recipient? · Why is the definition of the word "substandard" a different definition when you speak to someone at the City versus the insurance companies refusing to insure the Emerald Lakes Homeowners Associations today? · The Federal National Mortgage Association who backs the security of a number of conventional loans in this subdivision usually require the adequacy of the projects budget to enable the project's management to adequately maintain the common property. So is this development really operating as defined? And, whose responsibility is the drainage easement if it is not defined as a PUD? · Why has Mrs. O'Steen never been given a copy of the permit which she has requested? Is there one? Or is there just a lot of documents explaining what constitutes a permit without any accountability as to whether one is ever properly issued? · Does Mrs. O'Steen have a valid point? Are you going to stand in mockery of those who are trying to make a difference or are you going to join me in finding the answers to these questions? Mayor Trevino advised that all records are public record and that Mrs. O'Steen has been provided the information that she has requested. Mayor Trevino asked Mr. Staples and Mr. Bass to follow up with responses to Ms. Terry's questions. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF FEBRUARY 12, 2007 CITY COUNCIL MEETING B.2 GN 2007-015 REVISE FISCAL YEAR 2006/2007 CAPITAL PROJECTS BUDGET IN AMOUNT OF $120,200 FOR THE IRON HORSE CLUB HOUSE RENOVATION PROJECT AND REVISE FISCAL YEAR 2006/2007 ANNUAL BUDGET-GAS DEVELOPMENT FUND BY SAME AMOUNT w City Council Minutes February 26, 2007 Page 7 B.3 PU 2007-004 AWARD OF BID TO COLE CONSTRUCTION, INC., IN THE AMOUNT OF $49,859, FOR SITE WORK RELATED TO THE SHADE CANOPY INSTALLATION AT NRH20 FAMILY WATER PARK - RESOLUTION NO. 2007-013 B.4 PU 2007-005 AWARD OF BID TO KACE INTERNATIONAL, IN THE AMOUNT OF $27,300, FOR THE REPLACEMENT OF WINDSCREENS AT THE RICHLAND TENNIS CENTER - RESOLUTION NO. 2007-014 MAYOR PRO TEM LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 GN 2007-018 CONDUCT A PUBLIC HEARING FOR THE 33RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mayor Trevino opened the Public Hearing. Ms. Jennipher Castellanous, Public Works Management Assistant, presented the item. Item discusses the city's participation in the Community Development Block Grant program (CDBG). The City is proposing to use the funds in the following manner: · $159,399.37 for the design and reconstruction of a portion of the 3700 block of Charles Street (approximately 32 feet from Jerrell Street to Marie Street) · $45,000 for the rehabilitation of residential homes located within the target area identified by the most recent census as being of low to moderate homes. The City is required to hold a public hearing to receive comments and input from citizens regarding the proposed 33rd CDBG program. Following the public hearing, a resolution to approve the program is required. Mayor Trevino called for comments on the 33rd year CDBG program. There being no one wishing to speak, Mayor Trevino closed the public hearing. City Council Minutes February 26, 2007 Page 8 C.2 GN 2007-016 APPROVE 33RD YEAR (2007/2008) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - RESOLUTION NO. 2007-011 (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.1) APPROVED Ms. Jennipher Castellanous, Public Works Management Assistant, presented the item. Item is the second part of the CDBG process. Following the public hearing, the City Council is required to take action on the projects to be included in the 33rd year CDBG entitlement program. The funds will be used as presented in Agenda Item C.1 above. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION No. 2007-011. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PLANNING & DEVELOPMENT D.O No items for this category. PUBLIC WORKS E.1 PW 2007-004 APPROVE ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR THE STARNES ELEVATED TANK REHABILITATION AND THE RUFE SNOW ELEVATED TANK REMOVAL PROJECTS IN AN AMOUNT NOT TO EXCEED $80,000. APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Item is to consider approval of an engineering agreement with Freese and Nichols for the design of the Starnes Elevated Tank Rehabilitation Project and the Rufe Snow Elevated Storage Tank Removal project. The Starnes Elevated Tank Rehabilitation consists of making minor internal structural repairs, bringing the tank into compliance with the current Texas Commission on Environmental Quality (TCEQ) requirements and painting the interior and exterior of the tank. The Rufe Snow Elevated Storage Tank Removal project consists of removing the Rufe Snow Drive 0.5 million gallon elevated storage tank. The tank was constructed before the City's growth to the north and was constructed to serve the southern portion of the City, which is at a lower elevation than the northern part of City Council Minutes February 26, 2007 Page 9 the City. In order for the tank to function effectively today, the tank would need to be reconstructed and raised. Staff followed the City's procurement of professional services policy and is recommending an agreement with Freese and Nichols, Inc. in an amount not to exceed $80,000. COUNCILMAN WELCH MOVED TO APPROVE PW 2007-004, THE ENGINEERING AGREEMENT WITH FREESE AND NICHOLS, INC. FOR THE STARNES ROAD ELEVATED STORAGE TANK AND RUFE SNOW ELEVATED STORAGE TANK PROJECTS IN AN AMOUNT NOT TO EXCEED $80,000. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.2 PW 2007-005 APPROVE PUBLIC WORKS DESIGN MANUAL- RESOLUTION NO. 2007-012 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Item is to consider approval of Resolution No. 2007-012 rescinding the old Public Works Design Manual and approving a new Public Works Design Manual. The last update to the Design Manual was in 1995. Since that time, several changes have occurred that warrant the Design Manual to be updated. Some of the recommended changes are a result of changes in federal and state laws. Staff is also recommending changes in areas where Staff felt the existing City criteria was deficient and needed to be revised. Some of the changes involved putting into writing policies that the City already requires or expanding the description of the criteria so it is clearer to developers and their engineers. Staff began the process of updating the Design Manual in December by holding several work sessions with the Planning & Zoning Commission, City Council and receiving input from the City's Development Review Committee and the development community. Mr. Randy Shiflet, Chair of the Planning and Zoning Commission, advised the Commission unanimously supports the Public Works Design Manual and recommends approval of Resolution No. 2007-012. Mr. Shiflet was available to answer questions from the Council. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2007-012. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes February 26, 2007 Page 10 GENERAL ITEMS F.1 GN 2007 -017 PRESENTATION OF FISCAL YEAR 2006 AUDITED FINANCIAL REPORT ACCEPTED Mr. Larry Koonce, Finance Director, presented the 2006 Fiscal Year Audited Financial Report. Mr. Koonce reviewed year-end results and fund balance data from the different funds. Ms. Paula Spiegelhauer from the independent audit firm of Patillo, Brown & Hill presented the audit opinion and report. The auditor's opinion was an unqualified opinion or a "clean" opinion meaning that they found the Financial Statements of the City to fairly present the City's financial position. COUNCILMAN WHITSON MOVED TO ACCEPT GN 2007-017, THE 2006 FISCAL YEAR AUDITED FINANCIAL REPORT AS PRESENTED. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 PU 2007-006 AWARD OF PROFESSIONAL SERVICES CONTRACT TO SCHRICKEL, ROLLINS AND ASSOCIATES, INC. IN THE AMOUNT OF $46,400 FOR LANDSCAPE ARCHITECTURAL AND SURVEYING SERVICES FOR THE DAVIS BOULEVARD STREETSCAPE PROJECT - RESOLUTION NO. 2007-015 APPROVED Ms. Vickie Loftice, Director of Parks and Recreation, presented the item. Item is to consider awarding a professional services contract for the Davis Boulevard Streetscape project located between Maplewood and Emerald Hills Way. Staff followed the City's procurement of professional services policy and is recommending a contract with Schrickel, Rollins and Associates, Inc. in the amount of $46,400. The amount includes $17,000 for preparation of detail survey data along both sides of Davis Boulevard. Approval of Resolution No. 2007-015 will authorize the City Manager to execute a contract with Schrickel, Rollins and Associates, Inc. in the amount of $46,400. COUNCILMAN WELCH MOVED TO APPROVE PU 2007-006, RESOLUTION No. 2007-015. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes February 26, 2007 Page 11 F.3 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Council took action on the following items discussed in Executive Session: 1) Consider Action on Pending Litigation Relating to Sales Tax COUNCILMAN SAPP MOVED TO APPROVE EXECUTIVE SESSION ITEM B.1, APPROVING RESOLUTION No. 2007-017. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 2) Consideration of the Purchase of Property Adjacent to City Hall - Resolution No. 2007-016 and Revise the 2006-07 General Fund Operating Budget COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2007-016 AND REVISE THE 2006/07 GENERAL FUND OPERATING BUDGET. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 3) Consider Action on Economic Development Negotiations Regarding an offer of an Economic Development Incentive to a business Prospect and an Amendment to an Existing Economic Development Agreement MAYOR PRO TEM LEWIS MOVED THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE AN AMENDMENT TO THE REDEVELOPMENT INCENTIVE AGREEMENT DATED MARCH 28, 2005 BETWEEN THE CITY AND LORENE BUTTERFIELD, LP, TEX MALL, L.P. AND TEX MERV. L.P. WHICH REDUCES THE CITY'S RESPONSIBILITY TO FUND THE PEDESTRIAN BRIDGE OVER CALLAWAY CREEK UNDER PARAGRAPH 14, TO % OF SUCH COST AND AMEND PARAGRAPH 14 THEREOF AND THE MAY 6, 2005 LETTER AGREEMENT CONCERNING SECTION 7, DEFAULT, TO MAKE SUCH REDUCED COST NONRECOVERABLE IN THE EVENT OF A DEFAULT. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 INFORMATION AND REPORTS City Council Minutes February 26, 2007 Page 12 Mayor Pro Tem Lewis made the following announcements. On March 1, Charter Cable will move Citicable NRH from Channel 7 to Channel 27. We hope you will continue to tune in to our City Council Meetings and other programs when Citicable begins broadcasting on Channel 27. The March 12th City Council Meeting has been rescheduled to Monday, March 19th. The meeting will begin at the regular time of 7:00 p.m. Residents are invited to join us on Saturday, March 17, for the dedication and grand opening of Dr. Pillow Park and Ace Park, and the reopening of Norich Park. For more details, contact the Parks & Recreation Department at 817-427-6620. Kudos Korner - Officer Ron White, Police Department. A phone call was received complementing Officer White for his professionalism when he responded to a hit and run accident. The caller stated that he travels throughout the country and Officer White was one of the most courteous officers he had ever met. F.5 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:0"Prm. ATTEST: @t/,bZW~ ~ Patricia Hutson - City Secretary