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CC 2010-01-25 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 -JANUARY 25, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of January 2010 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch 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 Staff Members: Call to Order Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Mary Peters Elizabeth Reining John Pitstick Larry Koonce Craig Hulse Mark Mills Greg VanNieuwenhuize City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Economic Development Director Budget Director Assistant Public Works Director Mayor Trevino called the work session to order at 6:18 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item E.4, PW 2010-005 -Mayor Trevino advised during the regular meeting he would be questioning the approval of a resolution by Kelley's City Council that recommended the award of the Deductive Alternate (concrete batch plant) and that he was concerned with any obligation North Richland Hill might have by opting not to approve the batch plant. City Council Minutes January 25, 2010 Page 2 Mr. Curtis explained the situation and that Keller only needed to recommend approval of the contractor and the bid amount and that the deduct alternate should not have been included in the resolution. Staff's recommendation is to award without the batch plant, subject to approval by the City of Keller. If Keller does not give their approval, then North Richland Hills will need to revise the contractor's contract to the lower amount and the contractor would then go through the SUP process for approval of the batch plant. A.2 IR 2010-006 Status Report on Capital Improvement Projects Mr. Mark Mills, Budget Director, presented a PowerPoint presentation updating Council on the status of the following capital improvement projects: • Charles Street • Rufe Snow Landscape Phase I (Karen to 820) • Signalization (Holiday / Chapman /Meadow) • Amundson Elevated Tank Rehabilitation • Iron Horse Bunkers There were no questions from Council. A.3 IR 2010-007 Discuss 2010 Federal Leaislative Proaram Ms. Karen Bostic, Assistant City Manager, presented a PowerPoint presentation highlighting the City's proposed 2010 Federal Legislative Positions. Council was advised that as in previous years four guiding principles were used to determine positions on city related issues expected to come forward during this legislative session. Ms. Bostic briefly highlighted the four guiding principles -erosion of local control, predictable and sufficient level of revenue to provide for citizens, opposition to unfunded mandates, and quality of life. The legislative priorities and the City's positions were briefly highlighted and discussed -Transportation, Telecommunications & Information Technology, Community Development Block Grant, Energy Efficiency and Conservation Block Grant, Public Safety and Homeland Security, Public Safety Collective Bargaining and Immigration Reform. Council was advised this item is scheduled to be brought back to Council for approval at the February 8 council meeting. Mayor Trevino suggested including a statement supporting the City's legislators stances on the health care issue; a statement that the City understands the need for health care, but that the citizens should not be burdened with funding the increased costs. Council was advised that a statement would be added to address health care and that any additional suggestions could be forwarded to the City Manager's office for inclusion. City Council Minutes January 25, 2010 Page 3 A.4 Adjournment Mayor Trevino announced at 6:39 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 January 25, 2010 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples 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 Assistant City Manager Managing Director Managing Director City Secretary Attorney A.1 INVOCATION Councilman Whitson gave the invocation. City Council Minutes January 25, 2010 Page 4 A.2 PLEDGE OF ALLEGIANCE Boy Scout Troop 321 from Smithfield Methodist Church led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) GREEN CAMPUS AWARDS Ms. Doris Tipps, Keep North Richland Hills Beautiful Board Member and Councilman Barth presented the Green Campus awards to the following Schools: Academy at Carrie Francis Thomas, 8200 O'Brian Way; Green Valley Elementary, 7900 Smithfield Road; North Ridge Elementary, 7331 Holiday Lane; North Ridge Middle School, 7332 Douglas Lane; Smithfield Elementary, 6724 Smithfield Road; Smithfield Middle School, 8400 Main Street; Snow Heights Elementary, 4801 Vance Road; Walker Creek Elementary, 8780 Bridge Street. A.4 GN 2010-005 ACCEPTANCE OF LAND DONATION RESOLUTION NO. 2010-002 APPROVED Mayor Trevino and Mayor Pro Tem Turnage recognized Stanley Peskind and Lawrence R. Burk and expressed to them the City's gratitude for their donation of 6.5 acres of land at the northeast corner of Boulder and Combs Road in honor and memory of C.A. Sanford. The following resolution was read: RESOLUTION NO. 2010-002 WHEREAS, the City of North Richland Hills has been presented a deed to 6.5 acres of property donated by Stanley Peskind and Lawrence R. Burk, the partners of a general partnership known as Rufe Snow/Loop 820, in gratitude to and in recognition of former City Manager C. A. Sanford who was instrumental in assisting with the development of adjacent property in the City; and, WHEREAS, the Rufe Snow/Loop 820 Value Center developed by Stanley Peskind and Lawrence R. Burk, which currently includes Home Depot, Hobby Lobby, Burlington Coat Factory, 24 hour Fitness, Applebee's and Don Pablo's, continues to be a diverse and active retail center providing an important City Council Minutes January 25, 2010 Page 5 shopping destination beneficial to the quality of life in North Richland Hills; and, WHEREAS, the City Council desires to accept this generous and unrestricted gift on behalf of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City hereby accepts the 6.5 acre parcel property conveyed by Rufe Snow/Loop 820 to the City of North Richland Hills. Section 2: THAT the City Council hereby expresses its gratitude to Stanley Peskind and Lawrence R. Burke for their generous gift. AND IT IS SO RESOLVED. MAYOR PRO TEM TURNAGE MOVED TO APPROVE RESOLUTION NO. 2©10-002. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-©. A.5 CITIZEN PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY 11, 2010 CITY COUNCIL MEETING B.2 PU 2010-002 AUTHORIZE INTER-LOCAL PURCHASING AGREEMENT WITH COLLIN COUNTY City Council Minutes January 25, 2010 Page 6 B.3 PU 2010-003 RENEW ANNUAL CONTRACT WITH VMC LANDSCAPING SERVICE FOR THE PARKS MOWING SERVICES COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN EARTH SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-O. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.0 PUBLIC WORKS E.1 PW 2010-001 ADOPT ORDER SETTING A PUBLIC HEARING TO DISCUSS AND REVIEW THE UPDATE OF IMPACT FEE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLANS AND TO DETERMINE WHETHER TO AMEND SUCH ASSUMPTIONS, PLANS AND IMPACT FEES -RESOLUTION NO. 2010-007 APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. State law requires cities with impact fees to review them at least once every five years. The City has awarded Freese and Nichols, Inc. with a professional services agreement to update the City's Water/Wastewater Master Plan and to update the Impact Fee Program. One of the requirements before the impact fees can be set is to hold a public hearing. The public notice for the public hearing must be published at least 30 days prior to the public hearing and the City must set the public hearing within 60 days of the date it receives the land use assumptions and capital plans. The draft documents are submitted to Council for review as required by State law. Staff is recommending that the Council set the required public hearing date for March 8, 2010. City Council Minutes January 25, 2010 Page 7 COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2010-007, SETTING THE DATE FOR THE PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON THE LAND USE ASSUMPTIONS, CAPITAL fMPROVEMENT PLANS FOR WATER AND WASTEWATER, AND IMPACT FEE STRUCTURE ON MARCH 8, 2010 AT 7:00 P.M. AND AUTHORIZE NOTICE OF THIS PUBLIC HEARING AT LEAST 30 DAYS PRIOR TO MARCH $, 2010. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O, E.2 PW 2010-003 AWARD PROJECT RFB NO. 10-012 TO STABILE & WINN, INC. IN THE AMOUNT OF $478,632.90 FOR THE CONSTRUCTION OF THE YARMOUTH AVENUE STREET RECONSTRUCTION PROJECT (ST0910) APPROVED Mr. Mike Curtis, Managing Director, presented the item. The Yarmouth Avenue (Mid- Cities Boulevard to Newcastle Place) Street Reconstruction project is part of the 2003 Bond Program. In addition to reconstructing the pavement Staff is recommending replacement of the sanitary sewer main located in the street at the same time because of increased maintenance. Staff is recommending the project be awarded to the low bidder Stabile & Winn, Inc. in the amount of $478,632.90 for the construction of the Yarmouth Avenue Street Reconstruction Project (ST0910) and authorize the City Manager to execute the required agreement. COUNCILMAN LEWIS MOVED TO APPROVE PW 2010-003. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.3 PW 2010-004 APPROVE ACITY-DEVELOPER AGREEMENT WITH LIFE CHURCH WHICH PROVIDES FOR IMPACT FEE REIMBURSEMENT FOR THE CONSTRUCTION OF AN 8-INCH WATER MAIN LOCATED IN THE HOUSE OF GRACE ADDITION APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. One of the projects in the City's current impact fee program is Project No. 11, a water main project in the northern section of the city in the area of Northfield Drive. The developer, Life Church, (Block 1, Lot 1, House of Grace Addition) has constructed the portion of the public water mains that will serve their development. The developer is requesting that they be reimbursed $9,964.75 in accordance with the City's Impact Fee Ordinance. In order to receive reimbursement aCity-Developer Agreement outlining City Council Minutes January 25, 2010 Page 8 the developer's and City's responsibilities towards the development of Block 1, Lot 1, House of Grace Addition, including potential reimbursement for the construction of a portion of Project No. 11 from the Impact Fee Report must be approved by Council. Staff is recommending approval of the City Developer Agreement with Life Church which provides for impact fee reimbursement for the construction of the 8-inch water main located in the House of Grace Addition. COUNCILMAN EARTH MOVED TO APPROVE PW 2©10-004. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.4 PW 2010-005 AWARD BID NO. 10-009 TO L.H. LACY CONSTRUCTION, LTD. IN THE AMOUNT OF $14,710,500.38 FOR CONSTRUCTION OF THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT (ST0201) APPROVED Mr. Mike Curtis, Managing Director, presented the item. The North Tarrant Parkway project is a joint project between the cities of North Richland Hills and Keller and Tarrant County. It includes the reconstruction of the section of North Tarrant Parkway from approximately Davis Boulevard to Whitley Road in Keller. The two cities have an interlocal agreement that indicates the responsibilities of each city -the section totally within the City of Keller city limits is the responsibility of Keller, the section totally within NRH is the responsibility of North Richland Hills and both cities are to share in the cost for the middle section between Smithfield Road and the Keller City limit line. As part of the bid process, there were several alternates. Each city had alternates for their section of the roadway and one alternate to consider using a batch plant was relevant to both cities. During the pre-bid meeting, one of the contractors indicated that there could be a savings in excess of one million dollars if a batch plant was utilized for the project. An addendum was consequently included to provide a deduct alternate bid to allow the batch plant. The bids only reflected a savings of approximately $240,000. After consideration of the impact of a batch plant to the park, the Little Bear Creek Corridor, and the adjacent residents, Staff did not feel the savings justified the negative impacts. North Richland Hills' position was not to include the deduct bid alternate. The interlocal agreement requires the City of Keller to provide written approval as to the low bidder and the contractor. The City of Keller approved a resolution that included in addition to the required approval of the low bid and contractor, the deduct alternate for the batch plant. Staff is recommending the award of the contract to Lacy Construction in the amount of $14,710,500.38, not including the deduct bid alternate and subject to the City of Keller providing written approval of excluding the deduct bid alternate. City Council Minutes January 25, 2010 Page 9 In response to questions from Council, Mr. Curtis advised that the batch plant was not discussed at Keller's City Council meeting and that the Keller residents have since expressed their opposition and concerns with a batch plant. Keller's Staff is planning to return to their Council for their approval to remove the deduct alternate (batch plant) from the bid amount. COUNCILMAN WELCH MOVED TO AWARD BID 10-009 TO L.H. LACY CONSTRUCTIONS LTD. IN THE AMOUNT OF $14,710,00.3$ FOR CONSTRUCTION OF THE NORTH TARRANT PARKWAY PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED AGREEMENT (THIS FIGURE INCLUDES THE TWO EASE BIDS, KELLER'S RECOMMENDED ADDITIVE ALTERNATES AND THE NORTH RICHLAND HILLS' ALTERNATE, BUT DOES NOT INCLUDE THE DEDUCTIVE ALTERNATE (CONCRETE BATCH PLANT}. COUNCILMAN WHITSON SECONDED THE MOTION.. Attorney Staples clarified that the motion was subject to receiving approval from the City of Keller and Staff would not go forward until a letter of approval is received from the City of Keller. Councilman Welch concurred. MOTION TO APPROVE CARRIED 7-O, F.0 GENERALITEMS F.1 GN 2010-002 ESTABLISHING AND FUNDING A RETIREE HEALTH CARE BENEFITS FUND -RESOLUTION NO. 2010-003 APPROVED Mr. Larry Koonce, Finance Director, presented the item. Staff discussed with Council on several occasions a plan for funding current and future retiree health care benefits. Cities are required by Governmental Accounting Standards No. 45 to quantify long-term retiree health care costs. The annual amount required for the City to fund the retiree health plan over the next thirty years is $1.8 million. The self-insurance fund budget provides funding from the City and retirees for retiree health care benefits of approximately $900,000 annually leaving a gap of $900,000. The proposed resolution establishes a plan to partially fund the costs. The plan proposed will - 1) Create a retiree health benefits fund in which an initial one-time contribution of $500,000 will be made; funding is currently available in the Self-Insurance Fund. 2) Make annual contributions of $100,000 or 10% of excess insurance fund reserves, whichever is greater to be determined by the Director of Human Resources and Director of Finance. The current retirees and employees will City Council Minutes January 25, 2010 Page 10 contribute 20 percent and the City will contribute 80 percent in monthly premiums. 3) The City Manager will have the discretion to make annual transfers from the general and utility funds to the retiree health benefit fund as funds are available 4) Establish a Council approved irrevocable trust for the retiree health benefit fund. The establishment of the trust is a separate agenda item. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION NQ. 2010-003. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2010-003 AUTHORIZING PARTICIPATION IN THE PUBLIC AGENCY RETIREMENT SERVICES (PARS) POST RETIREMENT HEALTH CARE FUNDING PLAN, AND AUTHORIZING THE CITY MANAGER TO SIGN ALL RELATED DOCUMENTS ON BEHALF OF THE CITY OF NORTH RICHLAND HILLS -RESOLUTION NO. 2010-004 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. The item is related to the previous agenda item. The proposed resolution authorizes participation in a retiree health benefits trust for the purposes of administering and investing funds for retiree health care benefits. The resolution adopts the PARS Public Agencies Post Retirement Health Care Plan Trust as part of the City's retirement program and authorizes the City Manager to sign all related documents on behalf of the City. MAYOR PRO TEM TURNAGE MOVED TO APPROVE RESOLUTION NO, 2010-004.. COUNCILMAN BARTH SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0, F.3 GN 2010-004 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BUXTON GROUP IN AN AMOUNT NOT TO EXCEED $90,000 APPROVED Mr. Craig Hulse, Director of Economic Development presented a proposed agreement with Buxton Group that will promote the City and business development by providing services that will identify, research and verify North Richland Hills trade areas, evaluate the retail potential for each trade area and optimize staff time and resources by only City Council Minutes January 25, 2010 Page 11 pursuing qualified retailers. The proposal calls for a fiscal year 2009/2010 investment of $70,000 - $90,000, depending on the number of trade areas matched for retailing. Funds will be appropriated from the Reserve for Economic Development, a component of the Parks and Recreation Facilities Development Fund. At the City's option, continued use and data updates would be provided for $1,000 monthly beginning in January 2011. The cost would be proposed in the FY 2010/2011 Economic Development Operating Budget funded through the Parks and Recreation Facilities Development Corporation Fund, Reserve for Economic Development. Section 505.103 of the Texas Local Government Code provides that funds generated from Type B sales tax can be used for both the initial and ongoing investment. COUNCILMAN SAPP MOVED TO APPROVE GN 2010-004, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BUXTON GROUP IN AN AMOUNT NOT TO EXCEED ~90,©Od. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.4 GN 2010-006 GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2010 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY- RESOLUTION NO. 2010-005 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. The City's financial advisors, First Southwest Corporation, have requested the proposed resolution on behalf of the Tarrant County Housing Finance Corporation. The resolution gives approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2010 Single Family Mortgage Revenue bonds to finance home mortgages for single-family homes located with North Richland Hills. A representative from First Southwest Corporation spoke in support of the program and was available to answer questions. COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION NO. 2010-005, GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2:010 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY.. COUNCILMAN WELCH SECONDED THE MOTION.. MOTION TO APPROVE CARRIED T-0. City Council Minutes January 25, 2010 Page 12 F.5 GN 2010-007 GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2011 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY- RESOLUTION NO. 2010-006 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. The item is identical to the previous agenda item with the exception that it is for the 2011 program. The proposed resolution approves the use of the Series 2011 Single Family Mortgage Revenue Bonds already approved by the Treasury. COUNCILMAN WHITSON MOPED TO APPROVE RESOLUTION NO. 2010-006, GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2Q11 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY MOMES LOCATED WITHIN THE CITY. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA There were no items for this category. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. Volunteers from AARP will be at the North Richland Hills Public Library each Monday from February 1St through April 12th to assist people with their tax returns. Appointments are required. To make an appointment or get more information, please call 817-427- 6814. City Council Minutes January 25, 2010 Page 13 The City of North Richland Hills will host its annual Daddy-Daughter Valentine Dance on Saturday, February 6th. The cost is $8 per person. Tickets are on sale at the NRH Recreation Center. For more details, please call 817-427-6600. Kudos Korner -Todd Humble, NRH Public Library. A library patron e-mailed his thanks and appreciation for Todd, who took extra time to show him how to use the library's e- book and e-audiobook services. Todd is a real asset to the library and the city, he said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:11 ~ f f,.~.....-....-~ -.~ '' ti P tif~ TE~, =r jN -h t~r~_, City Secretary