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Home My WebLink AboutCC 2008-08-26 MinutesMINUTES 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 26, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of August, 2008 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Karen Bostic Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Jimmy Perdue Police Chief Thomas Powell Director of Support Services Patrick Hillis Director of Human Resources Kyle Spooner Information Services Director Andy Jones Fire Chief JoAnn Stout Neighborhood Services Director Vickie Loftice Parks & Recreation Director Mark Mills Budget Director Craig Hulse Economic Development Director Jamie Brockway Purchasing Manager Chun Mezger Animal Services Supervisor Eric Wilhite Chief Planner Bob Weakley Assistant Director Information Services Call fn Order Mayor Trevino called the work session to order at 5:30 p.m. City Council Minutes August 26, 2008 Page 2 A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 IR 2008-094 Discuss Nomination of Tyson Prepared Foods, Inc. as a Texas Enterprise Project Mr. Craig Hulse, Economic Development Director, advised the Council that Tyson Prepared Foods, Inc was seeking a nomination from the City to the State for an Enterprise Project designation. Tyson will be adding a new $9.6 million dollar Super Dice line at their facility in North Richland Hills and to offset a portion of this expense, Tyson is seeking to designate this location in the Texas Enterprise Zone Program. The program's purpose is for cities and states to partner and promote job creation and capital investment. If approved by the State, a State sales and use tax refund of $2,500 will be awarded for each full time job over afive-year period. The maximum potential refund of state sales and use taxes to Tyson will be $875,000. To qualify for the program, 35% of all new hires employed by Tyson must reside in an economically distressed location. On the regular agenda is a proposed ordinance that contains the City's nomination of Tyson Foods to the Office of Governor, Economic Development and Tourism (OOGEDT}, designates the City's Economic Development Director to serve as City liaison with OOGEDT, lists existing City incentives that could be made available at the approval of Council and acknowledges that Tyson Prepared Foods, Inc. is a "qualified business" under the Texas Enterprise Zone Act. The nomination of Tyson Foods by the City does not obligate the City to provide any incentives nor will it have any associated costs to the City. Staff is recommending that the Council hold the required public hearing during the regular Council meeting and take action on the nomination with the approval of Ordinance No. 3010. After discussion and questions from the Council, the item was considered during the regular council meeting. A.3 IR 2008-095 Discuss dates for joint City Council and Planning & Zoning Commission work sessions for adoption of new mixed use transit oriented development code Mr. Pitstick, Director of Planning and Development, advised Council of the need for two joint work sessions with the Council and Planning and Zoning Commission for the development of the new Mixed Use Transit Oriented Development Code. The consensus of the Council was to hold the joint work sessions on Thursday, November 20 and Thursday, February 5 at 6:00 p.m. City Council Minutes August 26, 2008 Page 3 B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the followin_g as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase of real property at: 5005 Cummings Dr. B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) Mayor Trevino announced at 5:43 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of Section 551.072 of the Texas Government Code to deliberate the purchase of real property at 5005 Cummings Drive and to deliberate the lease of city property for mineral leases. C.0 Adjournment Mayor Trevino announced at 6:00 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order August 26, 2008 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Council Place 6 Staff: Larry J. Cunningham City Manager Jared Miller Assistant City Manager City Council Minutes August 26, 2008 Page 4 Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples 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 RECOGNITIONS) Councilman Barth and Debbie York, Neighborhood Services Manager, recognized the following August Yard of the Month recipients: Chanda & Cary Dromgoole, 4009 Diamond Loch West; Jack & Janie Shelton, 6724 Briley Dr.; Jerry & Bonnie Blaylock, 4808 Lariat Trail; Mark Schneider, 7104 Trinidad; Olivia McCartney, 5904 Pedernales Ridge; Jo Ann Bade, 7617 Frankie B Street; Donna & Perry Wright, 6920 Clift; Valentina Toney/Camellia Hardin, 7740 Western Oaks; Ed Lichte & Kathleen Newton, 8025 Hunter Lane; Business Landscape Winner Franklin Park Retirement, 6350 Winter Park Drive, Melissa Arnold, Executive Director were also recognized as a August Yard of the Month recipient. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. City Council Minutes August 26, 2008 Page 5 B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 11, 2008 CITY COUNCIL MEETING B.2 PW 2008-024 RECOMMEND AWARD OF BID FOR THE 32ND YEAR CDBG PROJECT: JACKIE LEE STREET (GLENVIEW DRIVE TO DEAD END) PAVING IMPROVEMENTS TO STABILE & WINN, INC. IN THE AMOUNT OF $244,499.75 -RESOLUTION N0.2008-050 B.3 PU 2008-027 AWARDING RFB 08-035 ROOF REPAIRS AND REPLACEMENTS TO BENCO COMMERCIAL ROOFING, PARAGON ROOFING, INC. AND ANCHOR ROOFING SYSTEMS IN THE AMOUNT OF $838,459 B.4 PU 2008-026 APPROVE THE PURCHASE OF CARTEGRAPH SOFTWARE - WATERVIEW, SEWERVIEW AND GEODATACONNECT IN THE AMOUNT OF $105,832 COUNCILMAN LEWD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN COMPTON SECONDED THE MOTION, MOTION TO APPROVE CARRIED 7-Q~ PUBL C HEA 2 NGS C.1 GN 2008-079 CONDUCT PUBLIC HEARING ON PROPOSED 2008-2009 BUDGET Mayor Trevino opened the public hearing on the proposed 2008-2009 Budget. Mr. Larry J. Cunningham, City Manager, introduced the proposed 2008-2009 Budget. Mr. Cunningham advised the budget was based on several assumptions: Council Goals and Objectives, areas of greatest needs from the 2007 Citizen .Survey, competitive employee compensation, keeping costs at reasonable levels to minimize the impact on the taxpayers. The proposed budget is a balanced budget, maintaining the same or improved levels of service, continues the 57 cent property tax rate for the 16th year, stabilization in sales tax, and an increase in fuel and maintenance costs. Mr. Mark Mills, Budget Director, presented a PowerPoint presentation highlighting the proposed Annual Operating Budget for all funds and the Capital Improvements Budget. Mr. Mills highlighted the revenues, expenditures and service enhancements for all funds City Council Minutes August 26, 2008 Page 6 and presented highlights of the capital projects proposed in the Capital Budget. The proposed budget will be recommended for adoption at the September 8 Council meeting. Mayor Trevino asked for public comments on the proposed 2008-2009 Proposed Budget. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.2 GN 2008-080 CONDUCT PUBLIC HEARING ON PROPOSED TAX RATE Mayor Trevino opened the public hearing on the proposed tax rate for fiscal year 2008- 2009. Mr. Mark Mills, Budget Director, presented a PowerPoint presentation, giving an overview of the proposed tax rate. Mr. Mills discussed the history of net taxable values, a breakdown by tax year of appraised values, and changes in property values. The proposed tax rate for Fiscal Year 2008-2009 is 57 cents. If adopted, the 57 cent tax rate will have been maintained for 16th consecutive years. Mr. Mills advised the effective tax rate of 56.3058 cents is the property tax rate necessary to produce the same amount of property tax revenues as the prior year. Because the proposed rate of 57 cents is higher than the effective tax rate, two public hearings are required. The second required public hearing will be held on September 2, 2008 at 6:00 p.m. Mayor Trevino asked for public comments on the proposed 57 cent tax rate. There being no one wishing to speak, Mayor Trevino closed the public hearing and announced this public hearing was the first of two public hearings. The second public hearing on the proposed tax rate will be held at a Special Council meeting on September 2, 2008 at 6:00 p.m. The Council will adopt the tax rate at the 7:00 p.m. September 8, 2008 Regular Council meeting to be held in the Council Chambers in City Hall. C.3 GN 2008-081 CONDUCT PUBLIC HEARING ON NOMINATION OF TYSON PREPARED FOODS, INC. AS A TEXAS ENTERPRISE PROJECT MayorTrevino opened the public hearing on the nomination of Tyson Prepared Foods, Inc. as a Texas Enterprise Project and called on Craig Hulse to present the item. City Council Minutes August 26, 2008 Page 7 Craig Hulse, Director of Economic Development presented the item. The purpose of this public hearing is to consider, pursuant to the Texas Enterprise Zone Act, Chapter 2303, nomination of Tyson Prepared Foods, Inc., located at 6350 Browning Court, as a Texas Enterprise Project. Designation as a Texas Enterprise Project will make it possible for Tyson Prepared Foods, Inc. to receive State tax incentives. North Richland Hills' participation would come in the form of a `nomination' of Tyson Prepared Foods, Inc. to the Office of the Governor, Economic Development and Tourism. The Texas Enterprise Zone Program is an economic development tool for local communities to partner with the State of Texas to promote job creation and capital investment. To become eligible, 35% of all future employees hired must meet the Program's economically distressed residency requirement. An economically distressed location falls within a census block group that contains at least 20% of the population living at or below the poverty line. If designated as an Enterprise Project, Tyson Prepared Foods, Inc. has committed that at least thirty-five percent (35%) of new employees will be residents of an enterprise zone or economically disadvantaged individuals. If approved, the Enterprise Zone Project will take effect on September 2, 2008, terminating 5 years later on September 2, 2013. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.4 GN 2008-081 APPROVAL OF ORDINANCE N0.3010 NOMINATING TYSON PREPARED FOODS, INC. THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.3) APPROVED Mayor Trevino announced that this item C.4 was not a Public Hearing but was related to the previous item and called for Craig Hulse to come forward and present the item. Craig Hulse, Director of Economic Development presented the item. In the previous agenda item, a public hearing was conducted to receive comments about the City of North Richland Hills nominating Tyson Foods, Inc as a Texas Enterprise Project in accordance with the State of Texas economic development program. Approval of Ordinance No. 3010 will, pursuant to the Texas Enterprise Zone Act, Chapter 2303, nominate Tyson Prepared Foods, Inc., located at 6350 Browning Court, to the Office of the Governor, Economic Development and Tourism (OOGEDT) for designation as a Texas Enterprise Project. Designation as a Texas Enterprise Project will make it possible for Tyson Prepared Foods, Inc. to receive State tax incentives. If approved, City Council Minutes August 26, 2008 Page 8 the Enterprise Zone Project will take effect on September 2, 2008, terminating 5 years later on September 2, 2013. Mayor Trevino called on Terry Patton, Tyson Plant Manager to come forward and say a few words. Mr. Patton thanked the Council for the consideration and spoke about the number of employees, the facility and new projects that were coming to the plant in North Richland Hills. COUNCILII~OMAN COMPTON MOVED TO APPROVE GN 2008~08~ x C~RDINANGE NO. 3010. COUNCILMAN SAPP SECONDED THE. MOTION. MOTION TO APPROVE CARRIED 7~0. PLANNING 8 DEVELOPMENT D.1 No items for this category. PUBLIC WOR(S E.1 PW 2008-022 AMEND CODE OF ORDINANCES, SECTION 78-65 (A), LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS -ORDINANCE N0.3009 APPROVED Mike Curtis, Public Works Director presented the item. On July 10, 2006, City Council approved a Water Conservation Plan similar to the City of Fort Worth's Water Conservation Plan. At the time, Fort Worth's plan required customer cities to adopt a lawn and landscape irrigation restriction of non-watering from 10:00 AM to 6:00 PM for the months of June through September. The only exception was watering by-hand or the use of soaker hoses which could continue to be done year round. Recently, Fort Worth revised their restrictions so that the "conservation period" was no longer June through September but would now be year round. Fort Worth is now requesting their customer cities to revise their restrictions to include a similar "conservation period". The objective of the restriction is to reduce the loss and waste of water. Watering during the hours of 10:00 AM to 6:00 PM has proven to be a less efficient time to water due to the water loss from evaporation. This restriction will also help to create a uniform restriction for landscape irrigation for cities across the Metroplex. Since the City is currently under the existing Water Conservation Plan which consists of restricted watering from June to September, staff recommends Council approve this change and that the revised Ordinance go into effect October 1, 2008. This would allow sufficient time to inform the residents of the year round watering restrictions. City Council Minutes August 26, 2008 Page 9 COUNCILMAN I~IIELCH MOVED TO APPROVE QRDINANCE N'O 300. MAYOR PR4 TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. E.2 PW 2008-023 APPROVE ENGINEERING AGREEMENT WITH TEAGUE NALL AND PERKINS, INC. FOR THE AEGON LIFT STATION EXPANSION PROJECT IN AN AMOUNT NOT TO EXCEED $160,000 APPROVED Mike Curtis, Public Works Director presented the item. Council is being asked to approve an engineering agreement for the design of the expansion of the Aegon Lift Station located at Boulevard 26 and Precinct Line Road. This project will consist of the design and construction of the expansion of the lift station from 0.9 million gallons per day to 1.6 million gallons per day capacity. The project will also consist of constructing anew 15 inch sewer main to carry flow from the lift station. This project was identified in the Impact Fee Study and the Sanitary Sewer Master Plan completed in October 2005. The project is needed to provide wastewater collection to an area of the City that has experienced significant growth since the construction of the original lift station. The service area for the lift station covers the area where the Venue (Home Town) and Health Markets are located. This is planned to be the final expansion necessary for this lift station. The City requested Requests for Proposals in accordance with city policy and proposals were received from 12 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the engineering agreement to Teague Nall and Perkins, Inc. to perform these services for a fee not to exceed $160,000. Design on the project is tentatively scheduled to begin in September 2008 and be complete by March 2009. Construction is scheduled to begin in May 2009. MAYOR PRO TEM TURNAGE MOVED TO APPROVE PW 2008-023. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED "~-0. GENERAL ITEMS F.1 City Council Minutes August 26, 2008 Page 10 GN 2008-076 RENEWAL OF INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS AND SOUTHLAKE FOR ANIMAL IMPOUNDMENT APPROVED Chun Mezger, Animal Center Supervisor, presented the item. The current interlocal agreement between the cities of North Richland Hills and Southlake for Animal Impoundment expires on September 30, 2008. This renewal of the interlocal agreement will be in full effect for 2 years, unless amended. There have been no significant changes made from the previously approved agreement. The City of Southlake agrees to a rate of $105.00 per animal housed at the North Richland Hills Animal Adoption & Rescue Center. All boarding fees, adoption fees, impound fees etc., will go directly to the City of North Richland Hills. The City of Southlake will be responsible for medical treatment of all injured animals brought to our shelter. Southlake's animal officer will continue to be responsible for monitoring their city and bringing any loose or stray animals to our shelterfor handling. All other associated fees are based on current fees approved by ordinance. COUNGILMAN LEWIS M01/ED TO APPRQIIE GN 2008-0T6. ~OUNGILMAN BARTH SEGONDED THE MOTION. MOTION TO APPRO1lE CARRIED 7*O. F.2 GN 2008-077 AUTHORIZE THE CITY TO CONTINUE PARTICIPATING WITH THE ATMOS CITIES STEERING COMMITTEE -RESOLUTION N0.2008-049 APPROVED Karen Bostic, Managing Director presented the item. The Atmos Cities Steering Committee (ACSC) is the largest coalition of cities served by Atmos Gas-Mid Tex (formerly TXU Gas). There are 154 ACSC member cities, which represent more than 60 percent of the total load served by Atmos-Mid Tex. Cities have original jurisdiction over the natural gas rates Atmos charges all customers within city limits. Because Atmos has no competitors, regulation of the rates that it charges its customers is the only way that cities can ensure that natural gas rates are fair. Working as a coalition to review the rates charged by Atmos allows cities to accomplish more collectively than each city could do acting alone. With the increased volatility of the natural gas market resulting in unprecedented high natural gas bills over the past several years, city regulation of Atmos' rates plays a crucial role in protecting city budgets and taxpayers. The City of North Richland Hills is currently a member of the ACSC and is requesting to continue that membership. Approval of Resolution 2008-049 will authorize the City to continue its membership with ACSC and authorize payment of the City's assessment to the ACSC in the amount of five cents per capita, or $3,202.50. City Council Minutes August 26, 2008 Page 11 CQkJNCILMAN IIIIELCH MQVED TQ l4PPRQVE RESQLt~TIQN N4R 2Q08-04~, CQUNCILVIIQMAN' COMPTQN SECONDED THE MQT[ON. MOTIQN TO APPRQVE CARRIED 7-0, F.3 GN 2008-078 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $85,000 TO GATEWAY PLANNING GROUP FOR DEVELOPMENT OF A MIXED USE TRANSIT ORIENTED DEVELOPMENT CODE TO ENCOURAGE DEVELOPMENTAROUND THE IRON HORSE AND SMITHFIELD COMMUTER RAIL STATION SITES APPROVED John Pitstick, Planning and Development Director presented the item. In the 2006-07 adopted budget City Council approved $85,000 in capital funds for developing a sustainable development strategy and ordinance to begin the process in creating a transit oriented mixed use district around the two future commuter rail station sites (Iron Horse and Smithfield). The City requested Requests for Qualifications in accordance with city policy and proposals were received from 3 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional services agreement to Gateway Planning Group in an amount not to exceed $85,000. COUNCILMAN LEWIS MQVED TO APPRQVE ~N 2008-078. M:AY4R PR0 TEM TIJRNAGE SECONDED THE MQTIQN, MOTION TO APPRQVE CARRIED 7-0. F.4 GN 2008-075 COMPLIANCE WITH SENATE BILL 12 EMISSIONS REDUCTION PLAN -RESOLUTION N0.2008-048 APPROVED Thomas Powell, Support Services Director presented the item. In 2007, the 80tH Legislature passed Senate Bill 12 which extended the timeline set in Senate Bill 5 for the Emissions Reduction Plan. The original plan required political subdivisions in 38 counties to set a goal to reduce electrical consumption by five percent per year for five years starting January 1, 2002. Senate Bill 12 extends this time for an additional six years, added three more counties, and requires school districts to participate. Political subdivisions are required to pass a resolution showing their commitment for reducing electrical consumption and agreeing to file annual reports to the State Energy Conservation Office. City Council Minutes August 26, 2008 Page 12 COUNCILMAN EARTH MOVED TO APPROVE GN 2008,05; RESOLUTION NO. ~008~048. COUNCILMAN 1~IIHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-~. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA #1 DELIBERATE THE PURCHASE OE REAL PROPERTY AT: 5005 CUMMINGS DR. APPROVED Karen Bostic, Managing Director, presented the item. The property owner of 5005 Cummings Drive has approached the City with interest to sell the property to the City. MAYOR .PRO TEM TURNAGE MOVED TO APPROVE THE PURCHASE OF 5005 CUMMINGS DRIVE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE. 01~NER FOR THE PURCHASE. OF THE PROPERTY.. COUNCILWOMAN COMPTON SECONDED THE. MOTION. MOTION TO APPROVE CARRIED ~-0. ITEM #2: DELIBERATE THE LEASE OF CITY PROPERTY (MINERAL LEASES) APPROVED Larry J. Cunningham, City Manager presented the item. Chesapeake Energy Corporation has approached the City seeking three year leases on 68.92 acres in Fossil Creek Park and Linda Spurlock Park and 40.88 acres in Walker Creek, which total 109.80 acres. The lease terms are $22,000 per acres and 25% royalties. The leases will expire on August 26, 2011. COUNCILMAN WELCH MOVED TO APPROVE THE LEASES WITH CHESAPEAKE FOR 58.92 ACRES IN FOSSIL CREEK AND LINDA SPURLOCK PARKS FOR $22,000 PER ACRE AND 25°fo ROYALTY FOR A TERM OF 1 YEAR, AND FOR X0.88 ACRES AT THE WALKER CREED, AREA FOR $22,00 PER ACRE AND ~~°,~o ROYALTY FOR A TERM OF ~ YEARS.. COUNCILMAN HITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. City Council Minutes August 26, 2008 Page 13 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lewis made the following announcements. City Hall and other City offices will be closed on Monday, September 1st, in observance of the Labor Day holiday. Garbage and recycling will not be collected by Duncan Disposal on Labor Day. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. The North Richland Hills City Council will hold a special meeting at 6 p.m. on Tuesday, September 2nd, here in the City Council Chambers. The purpose of this special meeting is to conduct a public hearing on the tax rate. The Companies in Action Table Tennis Tournament will be held on Saturday, September 6th at the NRH Recreation Center. Local businesses interested in competing in this event should call 817-427-6600 for more details. Kudos Korner -Rickie McMahan and Ron Hernandez, Public Works Utility Division. A letter was received from a resident commending Rickie and Ron for their quick response to a busted water pipe. They were extremely courteous and professional and performed admirably. The resident said it was a job well done. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:38 ~~~'~~1G~ ~•N»N ~ ,,. ~0 ~• "~,,~ ` r' :~ • ~. ~~ n ~~ t'' ~' ' N U' 2' " ~I ~~ .EST: '~ ,~ a~. Patricia Hutson, City Secretary