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HomeMy WebLinkAboutCC 2011-08-22 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 — AUGUST 22, 2011 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 22 "d day of August 2011 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director JoAnn Stout Neighborhood Services Director Mark Mills Budget Director Craig Hulse Economic Development Director Patrick Hillis Human Resources Director Kyle Spooner Information Services Director Laury Fiorello Assistant Finance Director Angel Bellard Utility Service Manager Gregory VanNieuwenhuize Assistant Public Works Director Jimmy Cates Public Works Operations Manager Stephanie East Environmental Health Supervisor Debbie York Neighborhood Services Manager Chun Mezger Animal Center Supervisor Sean Hughes Emergency Management Coordinator Dave Pendley Building Official Andy Kancel Assistant Police Chief Absent: Oscar Trevino Mayor City Council Minutes August 22, 2011 Page 2 Call to Order Mayor Pro Tem Barth called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 Discussion of the Governmental Accounting Standards requirement to adopt a Fund Balance Policy Ms. Laury Fiorello, Assistant Finance Director, presented a PowerPoint presentation highlighting changes to accounting standards requirements. The Governmental Accounting Standards Board" GASB" issued in February Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions. The new standard is effective for all fiscal years beginning with 2011 and gives direction on how to display fund balance totals for a given fiscal year in priority as to its usability or obligated status. The new standard does not change how the City does business but changes how the City describes and categorizes the fund balance for General Fund and Special Revenue Funds in the Comprehensive Annual Finance Report (CAFR). Ms. Fiorello compared the current categories to the new GASB 54 categories explaining the changes in wording. Council will consider for approval on the regular Council agenda the new "Fund Balance Policy ". Ms. Fiorello advised of the components of the policy and reiterated that the new standard only changes how the City's presents the Fund Balance for a fiscal year end and does not change the total amount of fund balance nor change the City's business practices. The policy was approved by the City Council during the regular council meeting. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) Mayor Pro Tem Barth announced at 6:09 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: City Council Minutes August 22, 2011 Page 3 • Section 551.071, Texas Government Code: to consult with Attorney regarding Pending Litigation — 1) State of Texas v. City of North Richland Hills (No. 2011- 002840-1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000462 -1) C.0 Adjournment Mayor Pro Tem Barth announced at 6:18 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tem Barth called the meeting to order August 22, 2011 at 7:00 p.m. ROLL CALL Present: Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples Attorney Absent: Oscar Trevino Mayor A.1 INVOCATION City Council Minutes August 22, 2011 Page 4 Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - INFORMATIONAL REPORT ON THE IMPLEMENTATION OF THE CITY'S DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN Karen Bostic, Assistant City Manager, briefed Council on the implementation of Stage 1 of the Drought Contingency and Emergency Water Management Plan. The continued drought and high temperatures have affected water levels significantly and Stage 1 will be implemented on Monday, August 29. Ms. Bostic advised of the water restrictions associated with Stage 1 and detailed the steps being put into place to get the word out to the citizens and businesses. Council was advised the restrictions would remain in place until the average lake levels exceed 75% capacity. 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 GN 2011 -062 AMEND THE INTERLOCAL AGREEMENT WITH THE CITIES OF BEDFORD, EULESS, GRAPEVINE, HURST, HALTOM CITY, KELLER AND NORTH RICHLAND HILLS FOR THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT — RESOLUTION NO. 2011 -027 City Council Minutes August 22, 2011 Page 5 B.2 PW 2011 -013 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $53,460 TO PACHECO KOCH CONSULTING ENGINEERS, INC. FOR THE TABOR STREET IMPROVEMENTS (RUFE SNOW DRIVE TO STEVEN STREET) PROJECT (ST1002) B.3 PU 2011 -031 AWARD RFP 11 -030 FOR SUPERVISORY CONTROL AND DATA ACQUISITION MICROSYSTEMS SCADA PAK UPGRADE TO WHECO ELECTRIC, INC. IN THE AMOUNT OF $279,900.00 B.4 GN 2011 -069 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE SALE OF REAL PROPERTY AT 4027 RUFE SNOW B.5 GN 2011 -068 ADOPTION AND IMPLEMENTATION OF GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND APPROVAL OF RESOLUTION THAT DETAILS THE CITY OF NORTH RICHLAND HILLS FUND BALANCE POLICY— RESOLUTION NO. 2011 -028 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS C.1 GN 2011 -063 CONDUCT A PUBLIC HEARING ON THE 2010 -2011 REVISED BUDGET AND 2011 -2012 PROPOSED BUDGET APPROVED Mayor Pro Tem Barth opened the public hearing on the 2010 -2011 Revised and 2011- 2012 Proposed Budget. Mr. Mark Hindman, City Manager, introduced the prepared budgets. Mr. Mark Mills, Budget Director, presented a PowerPoint presentation highlighting the revised 2010 -2011 Budget and the Proposed 2011 -2012 Annual Budget for all funds. Mr. Mills highlighted the revenues, expenditures and service enhancements for all funds and presented highlights of the capital projects proposed in the Capital Budget. The proposed budget is based on the continuation of the 57¢ tax rate for the 19 consecutive year. Changes requested by Council subsequent to the work session have been included in the 2011 -2012 Proposed Budget. Council is requested to receive City Council Minutes August 22, 2011 Page 6 public comments on the 2010 -2011 Revised Budget and the 2011 -2012 Proposed Budget and close the public hearing. The proposed budget will be recommended for adoption at the September 12 Council meeting. Mayor Pro Tem Barth asked for public comments on the proposed 2010 -2011 Revised Budget and the 2011 -2012 Proposed Budget. There being no one wishing to speak, Mayor Pro Tem Barth closed the hearing. public hearin g g p Y p 9 C.2 GN 2011 -064 CONDUCT A PUBLIC HEARING ON THE 2011 -2012 PROPOSED TAX RATE APPROVED Mayor Pro Tem Barth opened the public hearing on the proposed tax rate for fiscal year 2011 -2012. Mr. Mark Hindman, City Manager, advised that if approved by Council, this will be the 19th consecutive year a 57¢ tax rate has been maintained by the City. The City has implemented two major bond elections during that time without having implemented a tax increase and is one of the few cities in the area that has not had a tax increase. Mr. Mark Mills, Budget Director, presented the item. Mr. Mills discussed the history of net taxable values, changes in property values and tax year 2011 taxable values. The proposed tax rate for Fiscal Year 2011 -2012 is 57¢. If adopted, the 57¢ tax rate will have been maintained for 19 consecutive years. Mr. Mills advised that because the proposed tax rate of 57¢ is lower than both the effective tax rate of 58.1415¢ and the rollback rate of 60.5929¢, the two public hearings are not required by law. However, to foster open communication and transparency, the City of North Richland Hills will conduct a single tax rate public hearing. Council is scheduled to vote on the proposed tax rate Monday, September 12. No action is required by Council at this public hearing as it is being held for the purpose of receiving comment. Mayor Pro Tem Barth asked for public comments on the proposed 57¢ tax rate. There being no one wishing to speak, Mayor Pro Tem Barth closed the public hearing. C.3 SUP 2011 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ALLEN SAMUELS AUTO GROUP FOR A SPECIAL USE PERMIT FOR PRE -OWNED AUTO SALES LOCATED AT 7900 NE LOOP 820 City Council Minutes August 22, 2011 Page 7 — ORDINANCE NO. 3123 APPROVED Mayor Pro Tem Barth opened the public hearing and called the applicant to come forward. Mr. Kevin Coder, with Allen Samuels Auto Group, requested approval of a Special Use Permit for pre -owned vehicles at 7900 Northeast Loop 820. The adjacent property is under an SUP from 2008 and the adjacent property to the west is the Dodge Chrysler Jeep location for new Auto Sales and further west is Allen Samuels Hyundai Store. The pre -owned auto sales operation will be a different type of used auto sales with 90% of all pre -owned vehicles being less than 5 years of age and all vehicles would be certifiable. Mr. Coder highlighted the site and landscape plans. John Pitstick, Planning and Development Director, summarized the item. The property was previously used for new and used Hyundai auto sales that has been relocated further west along 820. The property being requested for the SUP has been vacant for more than a year. Based on this property being vacant for more than six months along with the request for pre -owned auto vehicles, approval of an SUP is required with full compliance to current regulations and a minimum of 5 acres for all proposed new or used car sales. Allen Samuels is conditioning the pre -owned auto sales operation to the ongoing existence of Allen Samuels Dodge Chrysler Jeep Ram new car sales at 7740 Northeast Loop 820 and stipulating that 90% of all pre -owned vehicles be less than 5 years of age and requesting a 90 -day period for installing landscaping because of existing hot summer conditions. The Planning and Zoning Commission recommended approval on August 18 based on the landscape buffer improvements, tying the pre -owned auto sales to Allen Samuels new auto dealership, stipulating that 90% of all pre -owned vehicles be less than 5 years of age and recommended a 90 -day period for installation of the landscaping and irrigation. Mayor Pro Tem Barth called for comments in support of or opposed to the request. There being no one wishing to speak, Mayor Pro Tem Barth closed the public hearing. COUNCILMAN SAPP MOVED TO APPROVE SUP 2011 -04, ORDINANCE No. 3123. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. City Council Minutes August 22, 2011 Page 8 No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2011 -065 APPROVE SETTLEMENT OF ATMOS ENERGY MID -TEX RRM FILING — ORDINANCE NO. 3154 APPROVED Karen Bostic, Assistant City Manager, presented the item. On or about April 1, 2011, Atmos Mid -Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ( "RRM ") approved in 2007. This is the fourth annual RRM filing Atmos Mid -Tex has made under the RRM process. As a result of the negotiations, Atmos Cities Steering Committee ( "ACSC ") was able to reduce the Company's requested $15.7 million RRM increase to $6.6 million, allowing only incremental revenues necessary to cover direct costs associated with the steel service line replacement program approved by ACSC Cities in 2010. Staff is seeking City Council approval of the negotiated settlement of Atmos' most recent RRM filing. Approval of Ordinance No. 3154 will result in the implementation of new rates that increase Atmos Mid -Tex's revenues effective September 1, 2011. The total monthly impact would be $0.31 to the average residential customer and $.088 to the average commercial customer. COUNCILMAN WELCH MOVED TO APPROVE GN 2011 -065, ORDINANCE No. 3154. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2011 -066 AMEND CHAPTER 78 OF THE NORTH RICHLAND CODE OF ORDINANCES AND APPENDIX A MODIFYING UTILITY RATES AND CERTAIN OTHER CHANGES - ORDINANCE NO. 3155 APPROVED City Council Minutes August 22, 2011 Page 9 Larry Koonce, Finance Director, summarized the item. The City of North Richland Hills commissioned an independent Water and Sewer Cost of Service and Rate Design Study to examine the base and volume rates for water and sewer and explore several rate design considerations to promote water conservation as prescribed in the Texas Administrative Code. The water study recommended that the City continue with a base rate but change the rate design to establish a two step volume charge for all customer classes. The wastewater study recommended an increase in the base and volume charges but no changes to the rate design. To minimize the affect on customers, the revised ordinance phases in the rate adjustments over a three -year period, and uses the Rate Stabilization Reserve to soften the impact. By using the reserve, the City can lessen the impact of a rate increase on customers. The revised ordinance makes the rate change effective October 1 in conjunction with the start of the fiscal year. The impact of the proposed water and sewer rate changes on the average residential customer with a 3/4" meter using 9,000 gallons per month of water would be $3.34 per month beginning in October 2011, which is a 4.35% increase. In October 2012, the average customer would see an additional increase of $3.37 per month or 4.22 %. In October 2013, the increase would be $3.37 or 4.04 %. These amounts are averages and will vary by customer by month depending on actual water usage. The base and volume water and sewer rates included in this revised ordinance do not include the pass through rates which are passed on directly from TRA and the City of Fort Worth to the City of NRH as a wholesale customer. Section D of NRH Ordinance 1965 allows that "any future changes in the City's cost of water purchased and wastewater treatment from the City's suppliers will be passed through to the City's customers." The City of Fort Worth and TRA are passing on an additional $573,371 in water service charges in fiscal year 2011/2012. There is no anticipated increase in wastewater treatment costs to be passed on to the City in 2011/2012. The additional water cost will result in an increase to the average monthly bill of a residential customer using 9,000 gallons of $1.56 or 2% effective October 1, 2011. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2011 -066, ORDINANCE No. 3155. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2011 -067 AMENDING SECTION 34 -131 PERTAINING TO "JUNK VEHICLES" — ORDINANCE NO. 3156 APPROVED JoAnn Stout, Neighborhood Services Director, summarized it the item. For many years, our definition of "Junk Vehicle" has coincided with the definition in State Law. Recently, the State Legislature amended the definition of a "Junk Vehicle," making it easier to City Council Minutes August 22, 2011 Page 10 interpret and enforce. City Council is being asked to revise the current ordinance to match the recent changes in state law. State Law changes include: 1. displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and 2. is: a) Wrecked, dismantled or partially dismantled, or discarded; or b) Inoperable and has remained inoperable for more than: 1. Seventy -two consecutive hours, if the vehicle is on public property; or 2. Thirty consecutive days, if the vehicle is on private property. This new legislation is specific in that if the vehicle has an expired license plate, invalid motor vehicle inspection sticker or does not display a license plate or an inspection sticker, then it is considered a junk vehicle. Staff is recommending approval of Ordinance No. 3156 to include the new State Law changes. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2011 -0067, ORDINANCE No. 3156. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.O INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Welch made the following announcements. The new school year has begun and all motorists share the responsibility of making sure students arrive to school safely. The City of North Richland Hills reminds drivers to stop for school buses and slow down in neighborhoods where children are walking or L. City Council Minutes August 22, 2011 Page 11 riding bikes to school. You should also reduce your speed, and put down your cell phone, when driving through school zones. City Hall and other non - emergency City offices will be closed on Monday, September 5th, in observance of the Labor Day holiday. NRH2O and Iron Horse Golf Course will be open. Garbage and recycling will not be collected on Labor Day. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. The North Richland Hills Public Library invites residents to display their favorite quilts at a community quilt show on September 15 The show will also include a small display of quilts from the Trinity Valley Quilters Guild. For more information, please call the Library at 817 - 427 -6814. Kudos Korner - Gary Taylor — Planning & Development Department. An apartment manager e- mailed to thank the city and inspector Gary Taylor for maintaining a positive relationship with the apartment communities. "Gary is a wealth of knowledge and a great resource," she said. "He is very nice to work with. He takes pride in his work and it shows." H.2 ADJOURNMENT Mayor Pro Tem Barth adjourned the meeting at 8:36 p.m. \c, . /. ✓ 'al' � ,�'Z' n . �� Tim Barth — Mayor Pro Tem zg 4ST: r h y A biiiagit di Patricia Hutson, City Secretary