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Home My WebLink AboutCC 2005-02-28 Minutes MINUTES OF THE PRE-COUNCIL 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 28, 2005 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 28th day of February, 2005 at 5:30 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino David Whitson John Lewis Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Alicia Richardson George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Thomas Powell Drew Corn Andy Jones Vickie Lottice Richard Kitchen Richard Abernathy Call to Order Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilwoman Councilwoman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Development Finance Director Public Works Director Support Services Director Budget Director Fire Chief Parks & Recreation Director Assistant Police Chief Assistant to the City Manager Mayor Trevino called the Pre-Council meeting to order at 5:30 p.m. 1. Discuss items from Reqular February 28, 2005 City Council Meetinq None. 2. IR 2005-029 Independent Auditors to Brief Council on the Fiscal Year 2004 Comprehensive Annual Financial Report City Council Minutes February 28, 2005 Page 2 Finance Director Larry Koonce advised Council that page 3 in the Comprehensive Annual Financial Report contained a typo in the Financial Highlights section. Council was provided with a corrected page 3. Mr. Terry Kile, Deloitte and Touche, gave an overview of the reports and statements. There were no questions from the Council. Council formally accepted the report during the regular council meeting. 3. IR 2005-027 Discuss 2005 State Leqislative Proqram Managing Director Karen Bostic summarized the item. Ms. Bostic informed Council that the State Legislative program was guided by four primary principles: · Support of Local Control · Predictable & Sufficient Level of Revenue to Provide for our Citizens · Opposition to Unfunded Mandates · Support for Legislation that Increases Quality of Life for Citizens of North Richland Hills The four guiding principles will be used to determine positions on city related issues. Ms. Bostic reviewed the legislative priorities at the State level. Council took formal action on the State Legislative Program during the regular council meeting. 4. IR 2005-028 Discuss 2005 Federal Leqislative Proqram Managing Director Karen Bostic summarized the 2005 Federal Legislative Program. Council was advised that the same four guiding principles applied to the State Legislative Program, which were highlighted in previous agenda item, will be applied to the Federal Program. Ms. Bostic reviewed the legislative priorities at the federal level. Council took formal action on the Federal Legislative Program during the regular council meeting. Mayor Trevino recognized Ms. Sally Proffitt and her Tarrant County College Northeast business leadership class. 5. IR 2005-030 Discuss Police Department Racial Profilinq Annual Report Assistant Police Chief Richard Kitchen presented the racial profiling annual report. Council was advised that Dr. Alex Del Carmen of Del Carmen Consulting analyzed the data collected by the Police Department and found that most traffic related contacts were made with Caucasian drivers followed by Hispanic and African American drivers. The same was true for searches and arrests made as a result of these contacts. There was no evidence in the report of racial profiling by the North Richland Hills Police City Council Minutes February 28, 2005 Page 3 Department. Dr. del Carmen concluded that the North Richland Hills Police Department has complied with the Texas Racial Profiling Law. 6. IR 2005-031 Review of Current Detention/Retention Pond Ordinance No. 2624 Public Works Director Mike Curtis gave a PowerPoint presentation explaining when detention/retention ponds are allowed, homeowner association requirements, landscaping requirements, allowable side slopes and aeration requirements. Mr. Curtis explained the different key design elements and requirements from the current ordinance and the previous criteria. There was considerable discussion by Council on whether detention ponds should be allowed on smaller tracts and whether there was a need to revise the current ordinance. The consensus of the Council was to place an item on a future Pre-Council agenda for general discussion of detention/retention ponds. 7. Executive Session Mayor Trevino announced at 6:31 p.m. that the Council would adjourn to Executive Session as authorized by Texas Government Code Section 551.071 to seek the advise of Attorney regarding 1) Consultation with Attorney on matters in which the duty of the Attorney to the City Council under State Bar rules clearly in conflict with Chapter 551, Texas Government Code; and 2) Hughes v. North Richland Hills. Council took action at the regular Council meeting. 8. Adjournment Mayor Trevino announced at 7:04 p.m. that the Council would adjourn to the regular council meeting. REGULAR COUNCIL MEETING 1. CALL TO ORDER Mayor Trevino called the meeting to order February 28,2005 at 7:10 p.m. ROLL CALL Present: Oscar Trevino David Whitson John Lewis Jo Cox Mayor Mayor Pro Tem Councilman Councilwoman City Council Minutes February 28, 2005 Page 4 Suzy Compton JoAnn Johnson Nancy Bielik Timothy J. Welch Councilwoman Councilwoman Councilwoman Councilman Staff: Larry J. Cunningham Richard Torres Patricia Hutson Alicia Richardson George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Mayor Pro Tem Whitson gave the invocation. 3. PLEDGE OF ALLEGIANCE Mayor Pro Tem Whitson led the pledge of allegiance. 4. SPECIAL PRESENTATIONS IR 2005-032 CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30, 2003 Mr. Fred Werner, Grapevine's Director of Finance and past President of the Government Finance Officers Association of Texas, presented the certificate of achievement to Larry Koonce and the Finance Department. 5. CITIZENS PRESENTATION Mr. Mike Clark, 4912 Cummings Drive East, expressed his gratitude for the hike and bike trails in the community. Mr. Robert Barrett, 5517 Susan Lee Lane, expressed his concerns with a traffic problem on Davis Boulevard in the area of the Post Office and nearby housing addition. City Council Minutes February 28, 2005 Page 5 Mayor Trevino requested Public Works Director Mike Curtis contact Mr. Barrett to discuss his concerns. 6. REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA None. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE FEBRUARY 14, 2005 COUNCIL MEETING B. PU 2005-007 APPROVE CHANGE ORDER NO.1 TO NOTIFICATION SYSTEMS OF AMERICA FOR ADDITIONAL ACCESS CONTROL SYSTEMS C. PAY 2005-001 APPROVE FINAL PAYMENT TO MCCLENDON CONSTRUCTION CO., INC. IN THE AMOUNT OF $58,472.92 FOR THE CRANE ROAD PAVING AND DRAINAGE IMPROVEMENTS PROJECT COUNCILWOMAN JOHNSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 8. GN 2005-021 PRESENTATION OF FISCAL YEAR 2004 AUDITED FINANCIAL REPORT APPROVED Results of the fiscal year 2004 Annual Financial Report for the City were jointly presented by Director of Finance, Larry Koonce and Terry Kile with Deloitte and Touche. Mr. Koonce reviewed the year-end results and fund balance data and Mr. Kile presented the audit opinion. Mr. Koonce was available to answer questions from Council. COUNCILMAN LEWIS MOVED TO APPROVE GN 2005-021 THE FISCAL YEAR FINANCIAL REPORT. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. City Council Minutes February 28, 2005 Page 6 9. GN 2005-022 APPROVE 2005 STATE LEGISLATIVE PROGRAM APPROVED Items 9 and 10 were discussed simultaneously and voted on together. Managing Director of Administrative/Fiscal Services Karen Bostic outlined the following four guiding principles for the State and Federal legislative programs. · Support for local control · Insuring a predictable and sufficient level of revenue to manage local affairs · Opposition to unfunded federal mandates · Support for legislation that increases quality of life for citizens of North Richland Hills. The programs are intended to be a guide for the City's legislators to inform them of the City's position on issues expected to be raised during the 79th Texas Legislative session. Staff will be monitoring City related bills and issues and will provide regular updates throughout the session. COUNCILWOMAN JOHNSON MOVED TO PASS GN 2005-022 AND GN 2005-023 STATE LEGISLATION PLAN AND FEDERAL LEGISLATION PLAN. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 10. GN 2005-023 APPROVE 2005 FEDERAL LEGISLATIVE PROGRAM APPROVED Items 9 and 10 were discussed simultaneously and voted on together. SEE ITEM 9 ABOVE FOR ACTION TAKEN BY COUNCIL. 11. GN 2005-024 APPROVE ORDINANCE GRANTING A LICENSE TO TRI-COUNTY City Council Minutes February 28, 2005 Page 7 ELECTRIC COOPERATIVE, INC. TO USE A DESIGNATED RIGHT-OF-WAY WITHIN THE CITY - ORDINANCE NO. 2822 APPROVED Tri-County Electric Cooperative has requested use of public rights-of-way along a portion of Davis Boulevard and Precinct Line Road to install electric power equipment. The equipment will be at the intersection of Davis Boulevard and Precinct Line Road and run the north and east right-of-way of Precinct Line Road to the Colleyville border. Tri-County will compensate the City with an annual payment of $1 ,500 for the use of the right-of-way. The initial term for the license is five (5) years ending on December 31, 2009, which can automatically be annually renewed. The license may also be terminated by either party upon 180 days written notice. Ms. Bostic was available to answer questions from Council. COUNCILMAN WELCH MOVED TO APPROVE GN 2005-024 AND ORDINANCE No. 2822. COUNCILWOMAN BIELlK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 12. GN 2005-025 CONDUCT PUBLIC HEARING FOR 31sT YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPROVED Mayor Trevino opened the public hearing. Assistant to the City Manager Richard Abernethy advised each program year the City must prepare and submit a Community Development Block Grant (CDBG) program outlining the use of fund in accordance with HUD guidelines. In 1996 the United States Department of Housing and Urban Development (HUD) designated the City as a metropolitan city to receive direct entitlement of Community CDBG funds. The City accepted the direct entitlement designation and entered into an agreement with Tarrant County for the administration of the City's CDBG pro~ram. The City will receive approximately $372,800 from HUD as part of the 31s year CDBG program. Staff has prepared a program for the 31st CDBG year which proposes the funds be used for the following projects: · $90,000 for housing rehabilitation (not to exceed $20,000 per home) · $282,800 for the reconstruction of Rita Beth Street from Glenview to where Rita Beth dead ends City Council Minutes February 28, 2005 Page 8 The housing rehabilitation program will be administered by Tarrant County Community Development and Housing Division. In order for participants to be eligible applicants must meet the following qualifications: (1) have an annual income below the HUD established income limits; (2) own their own home (at least one year); (3) have no more than two liens placed against the property; and (4) be handicapped, disabled, 62 years of age or older, or a family with dependent children. Mr. Abernethy advised council HUD requires a public hearing so the City can receive comments and input from the citizens regarding the proposed 31st year CDBG program. Mayor Trevino asked if there was anyone wishing to comment on this request. There being no one wishing to speak Mayor Trevino closed the public hearing. NO ACTION REQUIRED BY COUNCIL. 13. GN 2005-026 APPROVE 31sT YEAR (2005/2006) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) - RESOLUTION NO. 2005-015 APPROVED Mr. Abernethy advised council after concluding the public hearing it was necessary for council to take action on the 31st Year (2005/2006) Community Development Block Grant Program. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2005-026 THE 31sT YEAR CDBG PROGRAM, RESOLUTION NO. 2005-015. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 14. PW 2005-002 APPROVE CHANGE ORDER #1 IN THE AMOUNT OF $57,767.00 TO THE LOLA DRIVE AND GALWAY LANE STREET IMPROVEMENTS PROJECT AND REVISE THE 2004/05 CAPITAL PROJECTS BUDGET APPROVED Nature of request is to include drainage improvements for Norich Park in the Lola Drive and Galway Lane Street improvement project. The original bid package for the Lola Drive and Galway Lane Street improvement project included an alternate bid item for storm drain improvements for Galway Lane. However, due to budget constraints this alternate bid was not awarded by council. The Parks and Recreation department recently began the design process for improvements to Norich Park, which included City Council Minutes February 28, 2005 Page 9 drainage improvements. Staff has determined the storm drain improvements originally included in the alternate bid for Galway Lane would eliminate the need for more costly grading and storm drain improvements to the existing storm drain system in Norich Park. The Parks department is proposing a change order to the Galway Lane project to construct the original storm drain system using funds earmarked for the upgrade of the existing system in Norich Park. Public Works Director Mike Curtis and Parks and Recreation Director Vickie Loftice were available to answer questions. COUNCILMAN LEWIS MOVED TO APPROVE PW 2005-002. COUNCILWOMAN Cox SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. 15. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED IN PRE- COUNICL AGENDA - HUGHES V. NORTH RICHLAND HILLS APPROVED MAYOR PRO TEM WHITSON MOVED TO TAKE ACTION ON AGENDA ITEM NUMBER 2005-016 (RESOLUTION No. 2005-016) AND TO ACCEPT THE LITIGATION SETTLEMENT THAT OUR LAWYERS HAVE PRESENTED IN PRE-COUNCIL SESSION. MAYOR TREVINO CLARIFIED MAYOR PRO TEM WHITSON WAS REFERRING TO THE HUGHES CASE. COUNCILWOMAN JOHNSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 16. INFORMATION AND REPORTS Councilwoman Bielik made the following announcements. The regularly scheduled City Council meeting for March 14th has been moved to Monday, March 7th. It will begin at its regular time of 7:00 p.m. The NRH Animal Adoption & Rescue Center holds Volunteer Orientations on the third Saturday of each month from 8:30 a.m. to 10 a.m. and the fourth Thursday of each month from 6:30 p.m. to 8 p.m. Please call 817-427-6570 for additional information. City Council Minutes February 28, 2005 Page 10 Richland Tennis Center is offering a new program called T4: "Tennis on Tuesday at Ten for Two Bucks." The program is for adult beginners and includes 45 minutes of instruction and fun, with unlimited play afterwards. Please call 817-427-6680 for more information. Kudos Korner A North Richland Hills resident called to thank Building Official Dave Pendley for his efforts toward getting an abandoned house cleaned up. The resident said the house looks great and is now for sale. This would not have happened without Dave's help. Mayor Trevino referred back to item 15 and made the following statement. The acceptance of the mediation by this council was a business decision and that was made to reach this agreement was strictly a business decision. The City Council and I believed that to further drag this out in court would not only be time consuming, but it would add further costs. We believe it is in the best interest of the City to put this behind us. We have many pressing matters before us to keep our City moving in a positive and progressive direction. I will also say that meeting this mitigated settlement substantially reduce the amount that the City of North Richland Hills is going to be in debt for. 17. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:44 "" d\I..ì~·"1111 ,..~~{'........ ~,¡' , .' .'. '¡If ~'. ..' '. ~ ~ ·n -. ":0- ~.: ". II'" ~ l '.. C) ~ 181=ST: r \".... ¥ ;".~ ; : ~ .... / ¡- .... .... ~ ·h..·· .~ ,. s~~'~'City Secretary