HomeMy WebLinkAboutCC 2008-11-10 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 -NOVEMBER 10, 2008
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
10th day of November 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 Assistant City Manager
Mike Curtis Managing Director
Patricia Hutson 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
Greg VanNieuwenhuize Assistant Public Works Director
Vickie Loftice Parks & Recreation Director
Mark Mills Budget Director
Patrick Hillis Human Resources Director
Angel Bellard Utility Service Manager
Jamie Brockway Purchasing Manager
Eric Wilhite Chief Planner
Chris Swartz NRH2O Manager
Absent: Jimmy Perdue Assistant City Manager
Call to Order
Mayor Trevino called the work session to order at 5:31 p.m.
A.1 Discuss Items from Regular City Council Meeting
There were no questions from the Council.
City Council Minutes
November 10, 2008
Page 2
A.2 IR 2008-107 Discuss Ordinance Amending Appendix A and Increase of Water
and Sewer Deposits
Mr. Larry Koonce, Director of Finance, discussed with Council the City's current
ordinance addressing water and sewer deposits, the need to update the ordinance and
the proposed changes to the water and sewer deposits. Mr. Koonce explained that a
deposit should guarantee payment when an account is terminated and the water and
sewer deposits should be an amount sufficient to cover an average two-month bill. The
city's current ordinance has not been changed since it was approved in 1988 and is
insufficient to meet the two-month requirement. Mr. Koonce presented an analysis of a
two-month average bill. Mr. Koonce advised the city's average write-off over afive-year
period is $118,410 per year and presented a graph showing the number of accounts
written off in the last five years and the amounts. Staff is recommending that deposits
for all new customers be increased to an average two-month water and sewer bill and
deposits for customers that are disconnected for non-payment three times during a
twelve-month period be increased accordingly. Mr. Koonce highlighted the proposed
ordinance. There were questions from the Council on how the size of the line affects
the deposit amounts required for commercial accounts, how North Richland Hills
compares with surrounding cities' deposits and write-offs, and the city's policy on
shutting off delinquent accounts. Council was advised that for a business locating in a
building with a larger line than the business required, the deposit amount would be
determined by the size of the meter. Staff advised of the deposit amounts required by
the surrounding cities and NRH's policy for delinquent accounts. Staff did not have
information available on other city's write-offs but advised they would obtain the
information. Formal action was taken on the item during the regular council meeting.
A.3 IR 2008-117 NRH2O 2008 End of Season Report and 2009 Planning
Mr. Chris Swartz, NRH20 Manager, presented a PowerPoint presentation highlighting
NRHZO's 2008 End of Season report. Mr. Swartz reviewed the attendance, financial
performance, season pass sales, marketing, donations, group sales, revenue
operations and the 2008 survey results. Council was advised of the marquee or "not to
exceed" pricing plan for the 2009 season. Mr. Swartz discussed the 2008 season's
outbreak of Cryptosporidium and advised Staff is researching and evaluating operations
changes in the event it emerges again next year. Staff will be bringing
recommendations to Council. The Council concurred with the 2009 recommended not
to exceed ticket prices.
A.4 IR 2008-118 Review Development Plan for the Third Phase Attraction and
Restroom Facility at NRH2O
Mr. Chris Swartz, NRHzO Manager, advised of plans for the 2009 attraction and the
reasons to continue to move forward with the project during unfavorable economic
conditions. Mr. Bill Thornton, Assistant Parks Director, presented the location of the
City Council Minutes
November 10, 2008
Page 3
new attraction and the various components of the new amenity designed to attract the
pre-teen and teen age group. Mr. Joe Pack, Capital Projects Superintendent, reviewed
each of the design elements of the new amenities. Council questioned the number of
lifeguards that would need to be added and the estimated population of the teen and
pre-teen area.
A.5 IR 2008-119 Status Report on Capital Improvement Projects
Mr. Mark Mills, Budget Director, presented a PowerPoint presentation providing a
quarterly update on the status of capital improvements projects. Mr. Mills provided a
brief update on the projects completed during fiscal year 2007/2008 and an update on
significant projects continuing into Fiscal Year 2008/2009. Mr. Mills reported on the
project status, total cost and project costs to date on the following projects continuing
into fiscal year 2008/2009:
• Signalization
- Mid-Cities Boulevard @ Winter Park
- Davis Boulevard @ Bursey Road
- Precinct Line Road @ Amundson Drive
- Precinct Line Road @ Rumfield
• Starnes Elevated Tank Rehabilitation
• Amundson Elevated Tank Rehabilitation
• Grand Ave Park Plaza
• Fire Mobile Data Computer Replacement
B.0 EXECUTIVE SESSION
6.1 Executive Session: Deliberation of Personnel Matters as Authorized by
X551.074 -Deliberate the Appointment, Employment, Evaluation, Duties of
Public Officers and Employees to wit: City Manager
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 6:29 p.m. that the Council would adjourn to Executive
Session pursuant to the provisions of Sections 551.074 and 551.072 of the Texas
Government Code to deliberate the appointment, employment, evaluation, duties of
public officers and employees to wit City Manager and to deliberate the lease of city
property for mineral leases.
C.0 Adjournment
City Council Minutes
November 10, 2008
Page 4
Mayor Trevino announced at 7:03 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 November 10, 2008 at 7:13 p.m.
ROLL CALL
Present: Oscar Trevino
Scott Turnage
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Tim Welch
Staff:
Larry J. Cunningham
Jared Miller
Karen Bostic
Mike Curtis
Patricia Hutson
George Staples
Absent: Jimmy Perdue
Mayor
Mayor Pro Tem, Council Place 6
Council, Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 5
Council, Place 7
City Manager
Assistant City Manager
Assistant City Manager
Managing Director
City Secretary
Attorney
Assistant City Manager
A.1
INVOCATION
Councilman Whitson gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Whitson led the pledge of allegiance.
City Council Minutes
November 10, 2008
Page 5
A.3
SPECIAL PRESENTATION(S) AND RECOGNITIONS)
None.
A.4
CITIZENS PRESENTATION
None.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF OCTOBER 27, 2008 CITY COUNCIL MEETING
6.2 RP 2008-09 CONSIDERATION OF A REQUEST FROM VIEWTECH, INC. TO
APPROVE A REPEAT OF LOT 1, BLOCK 1, INTO LOTS 1R AND 2, BLOCK 1,
IRON HORSE ADDITION (LOCATED AT 6100 BROWNING DRIVE - 31.56
ACRES)
B.3 PU 2008-030 AWARD BID NO. 08-040 FOR THE ANNUAL MISCELLANEOUS
CONCRETE IMPROVEMENTS
MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.0
PUBLIC HEARINGS
No Items for this category.
City Council Minutes
November 10, 2008
Page 6
D.0
PLANNING & DEVELOPMENT
No items for this category.
E.0
PUBLIC WORKS
No items for this category.
GENERALITEMS
F.1
GN 2008-109 AMEND APPENDIX A OF NORTH RICHLAND HILLS CODE OF
ORDINANCES AND INCREASE WATER AND SEWER DEPOSITS -
ORDINANCE NO. 3026
APPROVED
Mr. Larry Koonce, Director of Finance, presented the item. Mr. Koonce discussed the
City's current ordinance and explained that a water and sewer deposit should equal an
amount sufficient to cover an average two-month bill to guarantee payment when an
account is terminated. The City's current ordinance was approved in 1988 and is
insufficient to meet the two-month requirement. An analysis of the average write-offs
was presented. The average write-off over afive-year period is $118,410 per year.
Staff is recommending that deposits for all new customers be increased to an average
two-month water and sewer bill and deposits for customers that are disconnected for
non-payment three times during atwelve-month period, or seek new service after
evidence of non-payment on their prior account, be increased accordingly. The
proposed schedule for deposits to be effective January 1, 2009 was presented.
Highlights of the proposed ordinance include:
• Increasing residential deposits from $55 to $100
• Expanding the meter size categories for commercial deposits from three to six
categories
• Adding a commercial deposit category for accounts that discharge abnormal
sewage into the City's sewer system
• The deposit for commercial accounts with at least 12 consecutive months of data
will be 2 times the average monthly bill. Without 12 months of data, the deposit
will be charged based on the deposit table
• Allows for an increase of a deposit for residential and commercial customers due
to non-payment on a prior account or disconnection for non-payment three times
within a twelve month period
City Council Minutes
November 10, 2008
Page 7
• Allows the Director of Finance to annually review and adjust the deposits by the
percentage increase in water and sewer rates as a result of pass through
charges from wholesale providers Trinity River Authority and City of Fort Worth.
COUNCILMAN WELCH MOVED TO APPROVE GN 2008-109,. ORDINANCE NO. 3026.
COUNCILMAN WHITSON SECONDED THE MOTION.
Councilman Welch clarified for the citizens that the deposit increases are not for
existing customers, but for new customers and customers who are disconnected for
non-payment.
MOTION TO APPROVE CARRIED 7-O.
F.2
GN 2008-100 INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF
FUTURE DEBT -RESOLUTION NO. 2008-055
APPROVED
Mr. Larry Koonce, Director of Finance, presented the item. Resolution No. 2008-055
allows the City to make expenditures for projects that require funding prior to the bond
sale in the spring of 2009 and to reimburse those expenditures with the proceeds of
future debt. The third phase attraction for NRH2O is one such project that will require
funding prior to the bond sale. Approval of the resolution does not commit the City to
issue any debt but only allows the City to reimburse itself for any projects approved by
the Council and requiring interim funding prior to the bond sale. Mr. Koonce explained
to Council that the City has the ability at any time to delay or cancel a project. All
projects will be brought to Council for approval and each individual project will be
evaluated based on the current economic situation and on the current budget
contingency plan. The budgeted projects include the 2003 bond election street projects
in the amount of $7,055,000, the third phase attraction and restroom projects for NRHzO
in the amount of $1,855,000, TIF 1 expansion projects in the amount of $3,500,000,
drainage projects in the amount of $450,000, utility projects in the amount of
$3,115,000 and fire and public works equipment in the amount of $845,000. Council
was advised the interim financing would be appropriated from existing reserves and
should the City not sale the bonds, it is possible that the City would carry its own note
for a year until the market turns around.
AFTER A BRIEF DISCUSSION AND QUESTIONS, COUNCILMAN LEWIS MOVED TO APPROVE GN
2008-100, RESOLUTION NO. 2008-055, COUNCILMAN BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
F.3
City Council Minutes
November 10, 2008
Page 8
GN 2008-111 APPOINTMENTS TO NAMING BOARD
APPROVED
Patricia Hutson, City Secretary presented the item. The Naming Board was established
by Ordinance No. 2517 for the purpose of submitting recommendations to the City
Council for the naming of City facilities. The Board consists of three council members.
Mayor Pro Tem Turnage, Councilman Barth and Councilwoman Compton are currently
serving on this board. The ordinance provides that the appointments to the board are
to be made annually and that the Mayor, subject to Council approval, makes the
appointments. Mayor Trevino is recommending that Mayor Pro Tem Turnage,
Councilman Barth and Councilwoman Compton be reappointed to the Board.
MAYOR PRO TEM TURNAGE MOVED TO APPROVE GN 2008-111, REAPPOINTING MAYOR PRO
TEM TURNAGE, COUNCILMAN EARTH AND COUNCILWOMAN COMPTON TO THE NAMING BOARD.
COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
F.4
GN 2008-112 AN ORDINANCE PROVIDING FOR DELEGATION OF AUTHORITY TO
CITY MANAGER -ORDINANCE NO. 3027
APPROVED
George Staples, City Attorney presented the item. Ordinance 3027 is intended to
address the requirements of Sections 252.021 and 271.114, Texas Local Government
Code dealing with purchases and contracts which use any methodology other than
lowest bid. These statutes require that governing bodies determine whether to use
some other methodology, such as "best value," prior to the advertisement for bids. The
statutes allow this determination to be delegated, and this ordinance delegates the
power to determine to the city manager or his designee, which is consistent with the
City's practice.
COUNCILMAN SAPP MOVED TO APPROVE ORDINANCE NO. 3027. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.5
GN 2008-110 INCREASING THE MAXIMUM CONTRIBUTION RATE LIMIT FOR
TMRS -ORDINANCE NO. 3028
APPROVED
City Council Minutes
November 10, 2008
Page 9
Patrick Hillis, Director of Human Resources presented the item. As part of the 2008-
2009 budget, Council approved the implementation of the eight-year phase in option for
TMRS. In 2009, the City's contribution rate will increase from 13.41 % to 14.26%. State
law places a maximum contribution rate limit for TMRS cities which varies according to
the employee matching ratio. The city's maximum contribution rate is 13.5%. The
contribution rate approved by Council for the 08/09 budget is 14.26%. Per State law,
when a City's annual contribution rate exceeds the maximum rate, cities may either
remove the maximum rate limit by passage of an ordinance, increase the maximum
contribution rate to 15.50% by passage of an ordinance, or adjust their TMRS benefit to
a level that would prevent the City from exceeding the maximum rate. The proposed
ordinance increases the statutory maximum contribution rate limit from 13.50% to
15.50% and allows the City to move forward with the eight-year phase-in option. The
funds for the contribution rate increase were approved as part of the 08/09 budget. No
additional funds are being requested, This is just an administrative requirement
according to State law. Rather than eliminating the statutory maximum rate limit, Staff
recommends the incremental increase to 15.50%.
Councilman Sapp questioned what the City's options would be when the City's rate
exceeds the authorized 15.50 percent.
Mr. Hillis advised that based on current projections, the City will exceed the 15.50%
contribution rate limit during fiscal year 2010-11. If the City were to approve the eight-
year phase in and exceed the 15.50% then at that time Council would need to approve
another ordinance or consider adjusting benefit levels.
COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE NO. 3028. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
ITEM #1 DELIBERATE THE APPOINTMENT, EMPLOYMENT,
EVALUATION DUTIES OF PUBLIC OFFICERS AND EMPLOYEES
TO WIT: CITY MANAGER -RESOLUTION NO. 2008-059
APPROVED
Mayor Trevino presented the item. Resolution No. 2008-059 extends the City
City Council Minutes
November 10, 2008
Page 10
Manager's term of employment until December 1, 2011. City Manager agrees to
remain in the exclusive employ of the City until December 1, 2011, and neither to
accept other employment nor to become employed by any other employer until said
termination date, unless an earlier termination date is agreed as herein provided. City
Council will review annually in 2009 and 2010 the performance of the City Manager and
may, after review, extend the term of employment effective December 1 of each of such
years by one year in addition to the remaining term.
COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2008-059 AS PRESENTED.
COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
ITEM #2: DELIBERATE THE LEASE OF CITY
PROPERTY (MINERAL LEASES)
APPROVED
Mr. Jared Miller, Assistant City Manager presented the item. On May 3, 1999 Oak Hills
Joint Venture deeded to the City a 2.711-acre tract of land for $10.00 and the
assumption of the 1999 Ad Valorem taxes on the property. The property is used as a
utility right of way and is located behind the Tarrant County precinct facilities located on
Precinct Line Road. Harding Energy Partners (HEP) on behalf of Chesapeake
Exploration, LLC is seeking a three year (36 month) lease on the 2.711 acres. The
lease was negotiated over the course of the summer along with the Little Bear Creek
and J.B. Sandlin park leases. The lease terms are $20,000 per net mineral acre and
25% royalties. The lease will expire on November 10, 2011. Staff is recommending
approval of an oil and gas lease with the same terms as the Little Bear Creek and J.B.
Sandlin park leases.
COUNGILMAN WHITSON MOVED TO APPROVE THE MINERAL LEASE ON THE 2.711 ACRES WITH
THE SAME TERMS AS THE LITTLE BEAR CREEK AND J.B. SANDLIN PARK LEASES. MAYOR PRO
TEM TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-O.
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Mayor Pro Tem Turnage made the following announcements.
City Council Minutes
November 10, 2008
Page 11
The Night of Holiday Magic volunteer coordinator is now accepting volunteer
applications for our 2008 holiday event which will be held from 4 p.m. to 8 p.m. on
Saturday, December 6th. More than 200 volunteers are needed to ensure A Night of
Holiday Magic runs smoothly. To volunteer or get more information, please contact
Elizabeth Reining at 817-427-6015.
Keep NRH Beautiful is partnering with the BISD Clothes Connection and Cornerstone
Assistance Network to provide warm coats and blankets for those in need in our
community this winter. Please clean out your closets and drop off your extra, gently
used, winter coats and blankets at the NRH Neighborhood Services Department,
located at 7200-C Dick Fisher Drive South. Donations will be accepted through
November 14th. For more information, please call 817-427-6650.
North Richland Hills City Hall and other non-emergency offices will be closed on
Thursday and Friday, November 27 and 28 for the Thanksgiving holiday. Duncan
Disposal will not provide garbage and recycling collections on Thanksgiving Day.
Thursday's collections will be made on Friday and Friday's collections will be made on
Saturday.
Kudos Korner -Entire Staff, Animal Adoption & Rescue Center - A letter was received
from a resident thanking the Animal Adoption & Rescue Center's staff for helping all of
the animals, including the puppy she adopted. The puppy was very scared at first, but is
doing wonderful now. The resident knows the Animal Center's staff has a difficult job
and she appreciates all that they do. She said, "You guys are the greatest!"
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:58 p.m.
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