HomeMy WebLinkAboutCC 2006-02-27 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 27, 2006
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in a Work Session on
the 2ih day of February, 2006 at 5:30 p.m. in the Pre-Council Room prior to the 7:00
p.m. regular Council meeting.
Present: Oscar Trevino
Tim Welch
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
David Whitson
Nancy Bielik
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Call to Order
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilman
Councilwoman
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
Mayor Trevino called the Work Session to order at 5:30 p.m.
A.O Discuss items from Reqular February 27. 2006 City Council Meetinq
No items were discussed.
B.1 IR 2006-0252006 Bond Sale
Mr. Larry Koonce, Finance Director, advised City Council approved debt issuance
financing for projects and equipment in the 2005/06 Capital Projects Budget. Included
in the upcoming proposed sale are General Obligation (GO) Bonds and Certificates of
Obligation (C.O.'s). Mr. Koonce referred to the detailed list of projects Council had
been provided. The GO bond projects total $2,280,000 and follow the bond election
plan of 2003. The C.O.'s projects total $11,335,000 and include projects and
City Council Minutes
February 27, 2006
Page 2
equipment approved in the CIP Budget. The CO sale includes funds for the
construction of the library project, the pavilions and catering building at NRH20, the
replacement of various equipment including an aerial ladder fire truck, an ambulance, a
backhoe tractor, two dump trucks, a roller and golf course equipment. Mr. Koonce
reviewed the calendar for the bond sale.
In response to a question regarding the proposed start time for the projects, Mr. Koonce
advised that NRH20 would be completed in time for season opening and most of the
other projects would be starting in this fiscal year.
B.2 IR 2006-024 Police Department Racial Profilinq Annual Report
Chief Perdue presented the findings of the Racial Profiling Annual Report. The Police
Department hired Alex del Carmen, PH.D., of Del Carmen Consulting to analyze the
data collected by the department. Chief Perdue advised that there have been no
significant changes over the past four years as supported by Dr. del Carmen. During
calendar year 2005, no racial profiling complaints were received. Dr. del Carmen
concluded that the Police Department has complied with the Texas Racial Profiling
Law.
B.3 IR 2006-027 North Central Texas Council of Governments (NCTCOG) Proíect Call
Mr. Mike Curtis, Public Works Director, advised NCTCOG was initiating a Call for
Projects through the Local Air Quality Funding Program. The program provides funds
for projects that address air quality issues. Four intersections have been identified
where traffic signals are warranted. The locations are not part of the city's current CIP
program and do not have an approved funding source. The locations are Precinct Line
Road at Rumfield Road, Precinct Line Road at Amundson Road, Davis Boulevard at
Bursey Road and Davis Boulevard at Northeast Parkway. Council was advised
submitting the projects did not commit the City to any future funding. If the projects are
selected NCTCOG will fund 80% and a 20% local match will be required for each
intersection selected. Possible funding source for the City's share could be the
Unspecified Street Improvement category that was part of the 2003 Bond Program.
Council was advised that with consensus of Council, Public Works was planning to
submit the projects. Council agreed with the information presented by Mr. Curtis and
the submittal of the projects for consideration.
BA IR 2006-026 Traininq on the Public Information Act to Comply with Senate Bill 286
In compliance with Senate Bill 286 which mandated that elected and appointed officials
receive open government training, all members of the Council viewed the one-hour
training DVD on Open Meetings produced by the Office of the Attorney General. At the
City Council Minutes
February 27,2006
Page 3
conclusion of the training, the Council members were provided with certificates of
course completion.
C.O Adjournment
Mayor Trevino announced at 6:39 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 27, 2006 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
Tim Welch
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
Nancy Bielik
David Whitson
Mayor
Mayor Pro Tem
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilwoman
Councilman
Staff:
Larry J. Cunningham
Ogden Bo Bass
Patricia Hutson
George Staples
City Manager
Assistant City Manager
City Secretary
Attorney
A.1.
INVOCATION
Councilwoman Johnson gave the invocation.
A.2.
PLEDGE OF ALLEGIANCE
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City Council Minutes
February 27,2006
Page 4
Councilwoman Johnson led the pledge of allegiance.
A.3
SPECIAL PRESENT A TION(S) AND RECOGNITION(S)
IR 2006-028 - CERTIFICATE OF ACHIEVEMENT FOR
EXCELLENCE IN FINANCIAL REPORTING FOR THE
COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30, 2004
Mr. Larry Koonce, Finance Director, introduced Mr. Fred Werner, Director of Finance,
City of Grapevine and former President of the Government Finance Officers
Association of Texas.
Mr. Fred Werner presented the Certificate of Achievement for Excellence in Financial
Reporting for the Comprehensive Final Report to the City. Mr. Werner recognized
Jackie Theriot, Accounting Manager and the Accounting Staff for their efforts. The City
has received the Certificate of Achievement Award for the last 22 years. Fourteen
percent of the cities in the State of Texas and five percent of the cities in the United
States received the award.
SPECIAL PRESENTATION - SAM PACK, FIVE STAR FORD
A representative for Sam Pack Ford was unable to attend the meeting to receive the
proclamation. Presentation of proclamation will be rescheduled to a future meeting.
Mayor Trevino recognized Ms. Sally Proffitt from Tarrant County College Northeast and
her Business Leadership Seminar class.
A.4
CITIZENS PRESENTATION
Mr. Bill Ernst, 5428 Roberta Drive, called to Council's attention a "metal hay barn" that
had been built at 5425 Roberta Drive between the house and street. Mr. Ernst was
concerned that the carport was constructed of illegal materials and was in violation of
City Codes. Mr. Ernst advised that he had checked with the Building Department and
was advised that there was a building permit for the carport and that it complied with
city building codes. Mr. Ernst commented that carports are not found on the
surrounding streets and asked Council to take measures to prevent other carports from
being built between a house and the street.
Mayor Trevino asked Mr. Bass to look into the situation and provide a written report
back to the Council.
City Council Minutes
February 27,2006
Page 5
Ms. Laverne O'Steen, 8429 Emerald Circle, read a letter addressed to Harold and
Laverne O'Steen from Noakes Engineering Company, Inc. dated March 25, 2003. The
subject of the letter was failure of retaining walls at Emerald Lakes. A copy of the letter
was provided to the Council.
Mayor Trevino questioned what Ms. O'Steen was asking from the City regarding her
retaining wall.
Ms. O'Steen advised that to her knowledge there was not a deed to the Emerald Lakes
Homeowners Association and that the City needed to help them correct the problem.
Ms. O'Steen advised that the Homeowners Association did not have the money to fix
the wall.
Mayor Trevino asked Attorney Staples to give his opinion on the matter.
Mr. Staples advised the following: The walls along the lake as well as the lake itself are
owned by Emerald Lakes Homeowners Association Inc. The original document
establishing the covenants and restrictions for Ms. O'Steen's neighborhood clearly
makes the maintenance of the wall and the lake the private responsibility of the
Homeowners Association Corporation of which Ms. O'Steen is a voting member. The
Corporation has repeatedly recognized its responsibilities for the wall and lake. Ms.
O'Steen is not a representative of the Homeowners Association Corporation and differs
from them apparently solely on the existence of a drainage easement dedicated not to
the city but to the public. The wall and lake were not built to city specifications and
have never been accepted as any part of the drainage easement. There is no evidence
that the drainage easement has in any way caused any damage to the walls. The lake
is constructed on Block 1, Lot 40 of the subdivision and is covered entirely by a
drainage easement. Another ten-foot drainage and utility easement is dedicated to the
public along the rear of Ms. O'Steen's lot and the other lots that back up to the lake.
We do not have accurate information whether the wall is constructed on Lot 40 or on
Ms. O'Steen's easement. Neither dedication however creates any city responsibility for
the wall or the lake. The lake and the wall were built entirely with private funds of the
developer and owner and the documents creating the Homeowners Association
requires that they be maintained at the expense of the owners of the lots in the
subdivision and the Association has the power to assess these owners for that
expense. It seems reasonable to expect that the contractual obligations for the
maintenance of the wall and lake will be met by the parties to the undertaking. There is
no legal basis for the city to assume these private obligations. Ms. O'Steen has legal
recourse against her neighbors who through their Association are responsible for the
maintenance of these privately owned improvements. The City has no responsibility for
either the wall or the lake.
Mr. Ken Sapp, 8312 Thornway Court, expressed his thanks to the Council for their
sponsorship of the work of the staff and staff's work in providing to the citizens an
enhanced website that provides functionality, scope, usability and access. Mr. Sapp
City Council Minutes
February 27,2006
Page 6
stated he in particular appreciated the enhancement of the City Council Agenda, the
ability to receive broadcast emails notifying him of changes to the information posted on
the website, and the ability to pay water bills electronically
A.S
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.O
CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 MINUTES OF THE FEBRUARY 13,2006 COUNCIL MEETING
B.2 GN 2006-014 CALLING MAY 13,2006 CITY COUNCIL ELECTION &
APPROVAL OF A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY
- RESOLUTION NO. 2006-008
COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN
BIELIK SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.O
PUBLIC HEARINGS
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
City Council Minutes
February 27,2006
Page 7
F.1
GN 2006-019 PRESENTATION OF FISCAL YEAR 2005
AUDITED FINANCIAL REPORT
APPROVED
Mr. Larry Koonce, Finance Director, presented the financial highlights of the Audited
Financial Report for fiscal year 2005. Mr. Koonce reviewed year-end results and fund
balance data for the different funds. Mr. Todd Pruitt, from the independent audit firm
Patillo, Brown & Hill presented the audit opinion and the report. Mr. Pruitt advised the
auditor's opinion was a 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 APPROVE GN 2006-019 ACCEPTING THE FY 2005 AUDITED
FINANCIAL REPORT AS PRESENTED. COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.2
GN 2006-020 BYRNE JUSTICE ASSISTANCE GRANT
PROGRAM AWARD INTERLOCAL AGREEMENT
RESOLUTION NO. 2006-016
APPROVED
Chief Perdue presented the item. Resolution No. 2006-016 authorizes the execution of
the 2006 Byrne Justice Assistance Grant Program Award Interlocal Agreement for the
City. To receive the funds, the Cities of North Richland Hills, Hurst, Haltom City,
Arlington, Fort Worth and Tarrant County are required to file a joint application after
negotiating the sharing of funds with Tarrant County. The cities involved agreed to
confer 16% of their total allocated funds to Tarrant County to satisfy the disparate
certification imposed by the Texas Attorney General. The City of North Richland Hills
will receive $9,172 under the terms of the agreement. Plans are to use the proceeds of
the grant to assist in paying the salary of the Narcotics Investigator Supervisor currently
assigned to the Tarrant County Narcotics Intelligence and Coordination Unit.
In response to questions from Council, Chief Perdue explained why the cities are
required to share the funds with the County and how the percentage of funds received
was arrived at for each of the cities.
COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2006-016. COUNCILWOMAN
COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
City Council Minutes
February 27, 2006
Page 8
F.3
PU 2006-010 AUTHORIZE REPLACEMENT AND UPGRADE
OF AUTOCITE UNITS WITH REI NO LAW ENFORCEMENT
TECHNOLOGY IN THE AMOUNT OF $48,000 AND APPROPRIATE
FUNDS FROM THE MUNICIPAL COURT TECHNOLOGY FUND
APPROVED
Ms. Debbie Durko, Court Clerk, presented the item. In 2003 the Council authorized the
purchase of 8 handheld citation computers for the motorcycle officers to issue citations.
The purchase was funded by the Municipal Court Technology Fund. The computers
saved data entry time and processing time. The Municipal Court and Police are
requesting to be allowed to replace and upgrade the current units and software with
more current technology. In the 2005/06 Budget, $24,000 was allocated for the
replacement to be reimbursed from the Municipal Court Technology Fund. The
upgraded units will provide color displays, built in digital cameras, bar code readers and
voice recording. The original estimate was for the base unit replacement less trade-in
allowance. Additional funds are being requested to add the additional options and
software and will be reimbursed to the General Fund from the Municipal Court
Technology Fund. Ms. Durko presented the unit currently being used and answered
questions from the Council on the size of the new units, how the barcode reader works,
and if the number of units being requested was adequate.
COUNCILWOMAN JOHNSON MOVED TO APPROVE PU 2006-010 TO AUTHORIZE THE
REPLACEMENT AND UPGRADE OF AUTOCITE HANDHELD COMPUTERS WITH REINO LAw
ENFORCEMENT TECHNOLOGY IN THE AMOUNT OF $53,700 LESS A TRADE IN FOR OLD
EQUIPMENT OF $5,700 FOR A NET PURCHASE PRICE OF $48,000 AND AMEND THE 2005/06
BUDGET TO RELFECT A TRANSFER OF AN ADDITIONAL $24,000 FROM THE MUNICIPAL COURT
TECHNOLOGY FUND. COUNCILWOMAN BIELlK SECONDED THE MOTION.
Councilman Whitson asked that when possible consideration be given to adding one or
two additional units in the event a unit should be out of service.
MOTION TO APPROVE CARRIED 7-0.
F.4
INFORMATION AND REPORTS
Councilwoman Cox made the following announcements.
The March 13th City Council Meeting has been rescheduled to Monday, March 6th. The
meeting will begin at the regular time of 7:00 p.m. in the City Council Chambers.
City Council Minutes
February 27,2006
Page 9
The NRH Animal Adoption & Rescue Center holds off-site adoptions every Saturday at
Petco, 8004 Denton Hwy. For more information, please call 817-427-6570.
Dan Echols Senior Center is planning a dinner and star gazing event on Friday, March
10th. For more information, please call 817-281-9267.
Kudos Korner - Officer Curtis Westbrook, Police Department - A letter was received
from a resident of another city thanking Officer Westbrook for being polite and efficient
when giving her a traffic ticket. She said she appreciated his friendliness and how fast
he was able to write the ticket so she could get to work.
F.5
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:44 . .
ATTEST:
Oat1/t/æ;~
Patricia Hutson - City Secretary
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